application by cieslok media for one third party ... · application by cieslok media - third party...

Application by Cieslok Media - Third Party Sign Variance Application - 279-283 Yonge Street 1

REPORT FOR ACTION

Application by Cieslok Media for One Third Party Electronic Roof Sign at 279-283 Yonge Street (Hard Rock Café)

Date: January 12, 2017 To: Sign Variance Committee

From: Manager, Sign By-law Unit, Toronto Building

Wards: Toronto Centre-Rosedale (27)

SUMMARY

This report is in respect of an application made by Cieslok Media (the "Applicant") seeking variances to a site-specific amendment in the Sign By-law to provide for the erection and display of one third party electronic roof sign, as depicted in Figure 1. The proposed sign is to be located on the roof of the building commonly known as the "Hard Rock Café" and municipally known as 279-283 Yonge Street, within the Dundas Square Special Sign District ("DS-SSD"), intended to replace the current third party roof sign at the premises. Seven variances from the site-specific amendment are required to allow the issuance of a permit for the erection and display of the proposed roof sign. Upon review of the Applicant's submission, the Chief Building Official (the "CBO") submits that all seven variances required for the proposed sign should be granted on the basis that all nine of the established criteria have been met. Figure 1: Proposed Third Party Electronic Roof Sign at 279-283 Yonge Street


RECOMMENDATIONS

The Chief Building Official and Executive Director, Toronto Building, recommends that: 1) The Sign Variance Committee grant the seven variances requested to §4D(1) of Schedule C, Additional Special Sign District Regulations of Chapter 694, Signs, General, required to allow the issuance of a permit for the erection and display of one third party electronic roof sign, as described in Attachment 1 to this report.

FINANCIAL IMPACT

The recommendations in this report have no financial impact.

DECISION HISTORY

SIGN HISTORY The Child's Restaurant and Offices building (now the "Hard Rock Café"), built in 1918 was placed on the City's Inventory of Heritage Properties (now the Heritage Register) in 1990 and designated under Part IV of the Ontario Heritage Act on November 8, 2001. City Council, at its meeting of January 30, 31 and February 1, 2001 adopted Downtown Community Council Report No. 1, Clause No. 3 and established specific signage permissions for the property at 279-283 Yonge Street. The accompanying site-specific sign By-law (No. 2001-0049) permitted a comprehensive signage program for the property at 279-283 Yonge Street to be implemented under Chapter 297, Signs, of the former City of Toronto Municipal Code. http://www.toronto.ca/legdocs/2001/agendas/committees/to/to010116/it003a.pdf City Council at its meeting of April 29, 30, 2009 approved the adoption, in principle, of portions of the Downtown Yonge Business Improvement Area (DYBIA)’s “Signage Vision for the Downtown Yonge Strip.” http://www.toronto.ca/legdocs/mmis/2009/te/bgrd/backgroundfile-20298.pdf City Council on November 30, December 1, 2, 4 and 7, 2009, approved Chapter 694, Signs, General, which reflected the principles of the Signage Vision and established two special sign districts to reflect the special character and issues of the area. New Sign Regulation and Revenue Strategy: http://www.toronto.ca/legdocs/mmis/2009/pg/bgrd/backgroundfile-24387.pdf New Sign Regulation and Revenue Strategy: Additional Considerations: http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-25449.pdf City Council at its meeting of August 25, 26 and 27, 2010 adopted an updated comprehensive signage program along with Alterations to a Designated Heritage

http://www.toronto.ca/legdocs/2001/agendas/committees/to/to010116/it003a.pdf

http://www.toronto.ca/legdocs/mmis/2009/te/bgrd/backgroundfile-20298.pdf

http://www.toronto.ca/legdocs/mmis/2009/pg/bgrd/backgroundfile-24387.pdf

http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-25449.pdf


Property at 279-283 Yonge Street, to replace the existing rooftop signs with new rooftop signs. http://www.toronto.ca/legdocs/mmis/2010/pg/bgrd/backgroundfile-32743.pdf SPECIAL SIGN DISTRICT At its July 2016 meeting, City Council considered PG13.5 and adopted amendments that updated the provisions that apply to Special Sign Districts by replacing references to provisions of various By-laws from former municipalities with those in the Sign By-law. The adopted amendments also modified the boundaries of the Dundas Square Special Sign District (DS-SSD) so that it now includes the property municipally known as 279-283 Yonge Street (commonly known as the "Hard Rock Café"). Furthermore, the adopted amendments now provide for third party roof signs and third party electronic roof signs as a permitted sign type in the DY-SSD where third party roof signs were otherwise expressly prohibited, city-wide. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2016.PG13.5

COMMENTS

REQUIRED VARIANCES

Table 1: Summary of Requested Variances

Section Requirement Proposal

4D(1) of Schedule C, Additional Special Sign District Regulations

One third party roof sign, containing no more than five (5) sign faces and no more than one architectural light column.

One third party electronic roof sign, containing no more than four (4) sign faces and no architectural light column.

4D(1)(a) of Schedule C, Additional Special Sign District Regulations

One sign face, containing static copy and facing southerly, shall not exceed a sign face width of 7.72 metres and a sign face height of 11.43 metres, and shall be erected so that the height of the sign face does not exceed 26.562 metres from grade.

One sign face, containing electronic static copy and facing southerly, shall not exceed a sign face width of 6.20 metres and a sign face height of 8.30 metres, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade.

4D(1)(b) of Schedule C, Additional Special Sign District Regulations

One sign face, containing static copy and facing northerly, shall not exceed a sign face width of 27.03 metres and a sign face height of 7.01 metres, and shall be erected so that the height of the sign face does not exceed 21.44 metres from grade.

One sign face, containing electronic moving copy and facing northerly, shall not exceed a sign face width of 16.4 metres and a sign face height of 8.30 metres, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade.

http://www.toronto.ca/legdocs/mmis/2010/pg/bgrd/backgroundfile-32743.pdf

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2016.PG13.5


4D(1)(c) of Schedule C, Additional Special Sign District Regulations

One sign face, containing static copy displaying the name, logo or corporate symbol of an advertising sponsor and facing northerly, shall not exceed a sign face width of 24.38 metres and a sign face height of 1.34 metres, and shall be erected so that the height of the sign face does not exceed 24.31 metres from grade.

Delete as one of five sign faces so that there are now only four sign faces.

4D(1)(d) of Schedule C, Additional Special Sign District Regulations

One curved sign face, containing electronic moving copy and facing northerly and westerly, shall not exceed a sign face width of 19.05 metres and a sign face height of 11.89, and shall be erected so that the height of the sign face does not exceed 26.13 metres from grade.


4D(1)(e) of Schedule C, Additional Special Sign District Regulations

One curved sign face, containing mechanical copy and facing northerly and westerly, shall not exceed a sign face width of 17.2 metres and a sign face height of 4.27 metres, and shall be erected so that the height of the sign face does not exceed 30.44 metres from grade.

One sign face, containing electronic moving copy and facing westerly, shall not exceed a sign face width of 12.00 metres and a sign face height of 8.30 metres, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade.

4D(1)(f) of Schedule C, Additional Special Sign District Regulations

The architectural light column with a 0.3 metre diameter top sphere, containing static copy displaying the logo or corporate symbol of an advertising sponsor, shall be erected so that the height of the architectural light column does not exceed 43.43 metres from grade.

Delete the architectural light column.

COMMUNITY CONSULTATION Sign By-law Unit staff have informed City Council that applications for electronic signs would be subject to an enhanced consultation process. As such, the notice provisions, advising all persons of this application was spread to businesses and households within a 250 metre radius of the location of the proposed sign and a Community Consultation Session was scheduled on the evening of Monday October 17, 2016, at Metro Hall. The local Ward Councillor's staff attended, as well as City staff and the Applicant. From


the local community, six people were in attendance. The general consensus following the Applicant's presentation to the attendees was that the proposed sign was generally better than what the current approvals provide for. CURRENT PROPOSAL The current proposal is similar to the 2010 Council-approved proposal. It's an illuminated roof sign with three sign face displaying electronic moving copy and one sign face displaying electronic static copy. The static copy sign face is oriented in a southerly direction while the other three sign faces are oriented north and west. Each of the sign faces is separated by metal posts that form part of the signage framing and each post aligns with the vertical orders of the building. A one metre separation is introduced between the bottom of the sign faces and the top of the existing building. A curving sign face wraps around the northwest corner and extends along the northwest elevation. The height of the proposed signs are as follows:

Table 2: Height of Proposed Sign Faces

ZONING BY-LAW

EXISTING 2010 COUNCIL APPROVED

PROPOSED

NORTH ELEVATION 30m 18m and 21m

22m (excludes curved portion)

21.5m

WEST ELEVATION 28m 18.5m and 21m

33.5m (includes curved portion)

21.5m

SOUTH ELEVATION 28m* 18.5m 28m 21.5m

* 30 metres if setback within a 60 degree plane over 28 metres Criteria Established by §694-30A of Chapter 694 The Sign By-law contains specific criteria to be used in evaluating an application for a variance. Specifically, §694-30A states that an application for a variance may only be granted where it is established that the Proposed Sign meets each of the nine established criteria. The CBO is of the opinion that all nine of the mandatory criteria have been established, as outlined in the following: Section/Criteria Description: §694-30A(1): The proposed sign belongs to a sign class permitted in the sign district The proposed sign is classified as a third party sign class because it advertises, promotes, or directs attention to businesses, goods, services, matters, or activities that are not available at or related to the premises where the sign is located. The premises is designated within the DS-SSD. As such, the criteria has been established because third party signs are permitted in the DS-SSD.


Section/Criteria Description: §694-30A(2): In the case of a third party sign, the proposed sign is of a sign type permitted in the sign district The proposed sign is defined as a third party electronic roof sign which is a sign type permitted in the DS-SSD. This criteria has been established. Section/Criteria Description: §694-30A(3): The proposed sign is compatible with the development of the premises and surrounding area The following is provided by the Applicant in the submission materials: Yonge-Dundas Square is an iconic destination within Toronto designated as a public space and event venue. The spectacular signage in the area, guided by the Signage Vision and regulated by the Dundas Square Special Sign District, has created a vibrant and unique sense of place in the Square rivalling global landmarks such as Times Square and Piccadilly Circus. The proposed signage is designed to maintain and enhance this sense of place with state of the art technology and innovative design that respects the architecture of the building and surrounding area. In addition, an excerpt from the "Signage Vision for the Downtown Yonge Strip" provides the following: Initially associated with local businesses, bold large-format signage have historically been a defining characteristic of the area. Not only does this spectacular approach to signage contribute to the area’s draw as one of the city’s pre-eminent shopping and tourist destinations, it is also the source of the area’s distinct ‘sense of place’.” The existing sign on the building has contributed to the character of the premises and the surrounding areas since it’s erection in 2001. The Applicant states that "emerging technology and the age of the existing signage has made it necessary to upgrade the sign’s technology." Section/Criteria Description: §694-30A(4): The proposed sign supports Official Plan objectives for the property and surrounding area The CBO is of the opinion that the proposed sign is not contrary to the Official Plan objectives for the subject premises. The Official Plan designates the subject premise as a Mixed Use Area, which incorporates commercial, residential, institutional and open space uses. In addition, 279-283 Yonge Street lies within the area that is subject to Site and Area Specific Policy 174, identified as Downtown Yonge Street. The proposed sign is generally consistent with the area-specific policies in that it recognizes and enhances the special retail and entertainment nature of the area; falls within the height limitations as prescribed by the current Zoning By-law; contributes to the transition in scale of buildings from south of Queen Street East to north of Queen Street East; and, contributes to defining the continuous building edge along the street.


Section/Criteria Description: §694-30 A(5): The proposed sign does not adversely affect adjacent premises This current proposal has reduced the height of the various sign faces from the previously approved 2010 amendment and thereby reduced their impacts, particularly shadow impacts, into the public space known as Yonge-Dundas Square. In addition, the Applicant states that the proposal "will be consistent with adjacent premises which also contain large format signs and will therefore not adversely affect neighbouring properties but only mirror its surroundings." As well, as outlined in the Heritage Impact Assessment, prepared by the Applicant's consultant, the adjacent properties to the east, municipally known as 9 and 21 Dundas Square, “[t]he proposed signage will not be in contact, nor obstruct, nor otherwise affect the heritage attributes of 9 Dundas Square or 21 Dundas Square." Finally, the south-facing sign face is intended to display electronic static copy only and not electronic moving copy as envisioned with the other three sign faces. This method of copy display may contribute to reducing any adverse impacts on the adjacent buildings to the south. Section/Criteria Description: §694-30 A(6): The proposed sign does not adversely affect public safety, including traffic and pedestrian safety The CBO is of the opinion that this criteria has been established. The sense of place that has been created in the immediate surrounding area, in part by the spectacular, vibrant and animated signage, has led the public to a forgone expectation when traversing the square or passing through the area. In addition, the Applicant states that "[g]iven that a signage display of a similar size and nature already exists on the building, there will be no impact on public safety as a result of this proposal." The proposed sign has been designed and will be installed on the roof of the building in a manner consistent with and as regulated by the Ontario Building Code; there appears to be no concerns respecting any adverse affect to public safety. Section/Criteria Description: §694-30A(7): The proposed sign is not a sign prohibited by §694-15B The CBO is of the opinion that this criteria has been established. The Appellant's submission materials provide sufficient information to confirm that the proposed sign is not a sign that is prohibited by Chapter 694. Section/Criteria Description: §694-30A(8): The proposed sign does not alter the character of the premises or surrounding area The CBO is of the opinion that this criteria has been established. The following is provided by the Applicant in the submission materials, supporting the position that the proposed sign does not alter the character of the premises:


This signage design is a revision to a previous design, approved in 2010, for a signage display that is much larger and more intrusive than what is currently being proposed. We are now scaling back the size and height of the display with this design to update the existing signage with a design that respects the heritage building and offers the Square, innovative, state of the art signage. It also diminishes shadowing of the Square that would surely occur under the 2010 Amendment. The amendment to the Heritage Impact Assessment dated November 14th, 2016 confirms this design improvement by stating that “[t]he revised signage design is an improvement in the following ways: it is reduced in size; it reflects the shape of the building; and completes the existing street wall along Yonge Street and Dundas Square.” The following is provided by the Applicant in the submission materials, supporting the position that the proposed sign does not alter the character of the surrounding area: The proposed signage will not alter the character of the surrounding area. 279[-283] Yonge Street falls within the Dundas Square Special Sign District where large-format signage is appropriate and permitted. This application is [consistent] with the guidelines outlined in the "Signage Vision for the Downtown Yonge Strip". Section/Criteria Description: §694-30 A(9): The proposed sign is not contrary to the public interest The CBO is of the opinion that this criteria has been established. A notice of the application was posted on the premises for not less than 30 days, and was circulated to the local Ward Councillor and to the residents and businesses within a 250 metre radius. Staff did not receive any communications in respect of this enhanced notification. In addition, the feedback received from the approximately six members of the public that attended the Community Consultation Session was not negative and generally supported the current proposal over the previously approved 2010 amendment. The local Business Improvement Area has also shown support for this signage proposal and has submitted communications in respect of that position. Finally, in respect of the concurrent application seeking to alter a designated heritage structure, Heritage Preservation Services staff and the Toronto Preservation Board support and endorse the proposed sign, subject to and in accordance with a Conservation Plan and other conditions.


Conclusion In consideration of the materials submitted, it is the opinion of staff that the Applicant has established that the requested variances required for the proposed sign meet all nine of the established criteria listed at §694-30A. As such, it is recommended that the Sign Variance Committee grant all of the variances from the Sign By-law required for the proposed sign.

CONTACT

Robert Bader Supervisor, Variance, Tax & Permits, Sign By-law Unit Tel: (416) 392-4113; E-mail: [email protected]

SIGNATURE

__________________________ Ted Van Vliet, Manager, Sign By-law Unit

ATTACHMENTS

Attachment 1 – Description of Sign and Required Variance Attachment 2 – Applicant's Submission Package

mailto:[email protected]


ATTACHMENT 1: DESCRIPTION OF SIGN AND REQUIRED VARIANCE Sign Description One third party electronic roof sign to be located on the roof of the premises municipally known as 279-283 Yonge Street and containing four sign faces described as follows: (1) One sign face, containing electronic static copy and facing southerly, shall not exceed a sign face width of 6.20 metres and a sign face height of 8.30 metres, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade; (2) One sign face, containing electronic moving copy and facing northerly, shall not exceed a sign face width of 16.4 metres and a sign face height of 8.30 metres, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade; (3) One curved sign face, containing electronic moving copy and facing northerly and westerly, shall not exceed a sign face width of 27.20 metres and a sign face height of 8.30, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade; and (4) One sign face, containing electronic moving copy and facing westerly, shall not exceed a sign face width of 12.00 metres and a sign face height of 8.30 metres, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade. Required Variances:

Table 1: Summary of Requested Variances

Section Requirement Proposal

4D(1) of Schedule C, Additional Special Sign District Regulations

One third party roof sign, containing no more than five (5) sign faces and no more than one architectural light column.

One third party electronic roof sign, containing no more than four (4) sign faces and no architectural light column.

4D(1)(a) of Schedule C, Additional Special Sign District Regulations

One sign face, containing static copy and facing southerly, shall not exceed a sign face width of 7.72 metres and a sign face height of 11.43 metres, and shall be erected so that the height of the sign face does not exceed 26.562 metres from grade.

One sign face, containing electronic static copy and facing southerly, shall not exceed a sign face width of 6.20 metres and a sign face height of 8.30 metres, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade.

4D(1)(b) of Schedule C, Additional Special Sign District

One sign face, containing static copy and facing northerly, shall not exceed a sign face width of 27.03 metres and a sign face

One sign face, containing electronic moving copy and facing northerly, shall not exceed a sign face width of


Regulations height of 7.01 metres, and shall be erected so that the height of the sign face does not exceed 21.44 metres from grade.

16.4 metres and a sign face height of 8.30 metres, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade.

4D(1)(c) of Schedule C, Additional Special Sign District Regulations

One sign face, containing static copy displaying the name, logo or corporate symbol of an advertising sponsor and facing northerly, shall not exceed a sign face width of 24.38 metres and a sign face height of 1.34 metres, and shall be erected so that the height of the sign face does not exceed 24.31 metres from grade.

Delete as one of five sign faces so that there are now only four sign faces.

4D(1)(d) of Schedule C, Additional Special Sign District Regulations



4D(1)(e) of Schedule C, Additional Special Sign District Regulations

One curved sign face, containing mechanical copy and facing northerly and westerly, shall not exceed a sign face width of 17.2 metres and a sign face height of 4.27 metres, and shall be erected so that the height of the sign face does not exceed 30.44 metres from grade.

One sign face, containing electronic moving copy and facing westerly, shall not exceed a sign face width of 12.00 metres and a sign face height of 8.30 metres, and shall be erected so that the height of the sign face does not exceed 21.50 metres from grade.

4D(1)(f) of Schedule C, Additional Special Sign District Regulations

The architectural light column with a 0.3 metre diameter top sphere, containing static copy displaying the logo or corporate symbol of an advertising sponsor, shall be erected so that the height of the architectural light column does not exceed 43.43 metres from grade.

Delete the architectural light column.

.


ATTACHMENT 2: APPLICANT'S SUBMISSION PACKAGE

application by cieslok media for one third party ... · application by cieslok media - third party...

Documents