Appeal by Permit World of the Decision of the Chief Building Official with Respect to a First Party Sign Proposal for One Ground

STAFF REPORT ACTION REQUIRED

Appeal by Permit World of the Decision of the Chief Building Official With Respect to a First Party Sign Proposal for One Ground Sign – 75 Lower Simcoe Street / 120 Bremner Boulevard

Date: April 12, 2015

Ward: Ward 20 – Trinity Spadina

File No.: FP-14-00119

IBMS File No.: 14-223788

PURPOSE OF THE APPEAL

This report reviews and makes recommendations on an appeal made by Permit World (the "Appellant") regarding a decision of the Chief Building Official to grant one variance, with conditions, from Chapter 694 of the Municipal Code with respect to a Sign Variance Application seeking approval for signage associated with a new hotel and office building complex.

Figure 1: 75 Lower Simcoe / 120 Bremner Boulevard - Sign District Map Excerpt This report recommends that the decision of the Chief Building Official, which was made on January 14, 2015, to grant the requested variance be upheld. It is the opinion of staff that the variance required to implement the proposed signage scheme meet all of the nine established criteria required to grant variances from Chapter 694, with the conditions imposed.

As provided for in Figure 1, the subject premise is located within a CR-Commercial Residential sign district.

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REQUESTED VARIANCES

Table 1 – Summary of Requested Variances SECTION REQUIREMENT PROPOSAL A ground sign is permitted provided the The proposed ground sign is to be 694-21D(3)(f) sign shall not be erected within 2.0 metres erected 0.0 metres from the of any property line. property line.

RECOMMENDATIONS

The Chief Building Official and Executive Director, Toronto Building, recommends that:

1. The Sign Variance Committee uphold the decision of Chief Building Official, made on January 14, 2015, which granted one variance, with conditions, to §694-21D(3)(f), to provide for the erection and display of one ground sign as described in Attachment 1 to this report.

SITE CONTEXT AND SIGN ATTRIBUTES: The proposed sign is located on a premises in Toronto's "South Core", a neighbourhood located in Downtown Toronto. The remodeling and restoration of Union Station and the construction of a new wave of business and condominium towers is central to this area's current and forecasted growth. The area has grown rapidly in the last several years and will continue to grow as more planned and existing development become completed and are occupied. The neighbourhood is generally bounded on its western side by Lower Simcoe Street, its eastern side by Lower Jarvis Street, its northern side by the railway tracks and southern side by Lake Ontario. Union Station lies within the district as well. The neighbourhood is connected to the city through the extensive PATH network of underground walkways connecting Union Station and other notable landmarks including a newly constructed pedestrian bridge located above the sign which is the subject of this appeal.

The Fairmont Royal York Hotel, a former railway hotel, is located directly across Front Street from Union Station. It can be accessed from the station both at street level and underground via the PATH. This underground connection was once the southern terminus of the PATH. The Dominion Public Building, another building from the same era, can be found just to the east of the station, at the corner of Front and Bay Streets.

Other major buildings in the immediate vicinity include the Telus Tower and Brookfield Place. Brookfield Place is home to the Allen Lambert Galleria, a six story high pedestrian thoroughfare, as well as the Hockey Hall of Fame.

The Air Canada Centre, Rogers Centre, Metro Toronto Convention Centre, Ripley's Aquarium and CN Tower are all close by. Like Union Station and the new buildings which are located on the premises which is the subject of this appeal, these were all built on former Railway Lands. All of them can be accessed directly from Union Station via the Skywalk.

The subject premises has been recently improved with a hotel and office building.

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Table 2 – Summary of Area Surrounding 75 Lower Simcoe Street / 120 Bremner Boulevard Sign District Designation of Property: CR-Commercial Residential Sign District Designations of Surrounding Properties: North East South West CR-Commercial U-Utility C-Commercial Residential / OS-Open OS-Open Space Space Land Uses and Attributes of Surrounding Properties: North East South West Metro Toronto Convention Centre; Olympic Park, Railway Corridor, Union High-Rise Office High-Rise Mixed Use Roger's Centre, John Station, UP Express Buildings, Air Canada Buildings, Gardiner Street Round House, Terminal Centre Expressway Roundhouse Park, Ripley's Aquarium, CN Tower

Table 3 – Summary of Proposed Sign Attributes: Sign Sign Horizontal Vertical Sign Face Method of Sign Sign # Type Orientation Width (m) Length (m) Area (m²) Copy Display Ground 1 North/South 1.054 3.15 3.32 Static/Readograph Sign

COMMENTS:

The Applicant's submission package is provided in Attachment 2 of this report. It should be noted that staff worked with the Applicant to formulate an alternate proposal that would better fit with the character of the area and the subject buildings on the premises. Due to the on- going discussions and requests for additional information, the date on which the variance sought was to be granted or refused was deferred several times between November 2014 and January 2015.

One of the physical limitations of the surrounding area is the bridge abutment at Lower Simcoe Street, located immediately north. The bridge abutment would dramatically reduce the visibility of the sign for southbound traffic on Lower Simcoe Street.

The original location of the proposed ground sign was to be directly in front of an entranceway to the City's PATH system – a network of enclosed and connected pedestrian tunnels and bridges. The registered Site Plan Control Agreement which the development at 75 Lower Simcoe / 120 Bremner Boulevard is required to adhere to, contains provisions which shall not restrict access to the PATH system. In consultation with staff in City Planning, it was confirmed that the original location contemplated to erect and display the ground sign does impede access to the PATH system (refer to Figure 2, below) and consequently contravenes the registered Site Plan Control Agreement. This information was conveyed to the Applicant, and in the spirit of making solution-based decisions, staff proffered that they would be supportive of a proposal that contemplated a projecting sign, affixed to one of the existing structural supports of the hotel building. The Applicant investigated this option and reported back to staff that the option was not possible due to the column being structurally inadequate of supporting the load of the proposed sign (refer to Figure 3, below).

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A third option, whereby a ground sign would be located just south of an existing underground parking garage entrance, along the Lower Simcoe Street frontage, was devised by staff and the Applicant (refer to Figure 4, below). This location would eliminate any interference with PATH access; be clear of the visibility zone at the driveway to the hotel's parking garage entrance thereby enhancing public safety; and, increase the visibility of the sign, particularly the northerly-oriented sign face, for southbound vehicular traffic travelling along Lower Simcoe Street.

On January 14, 2015, the decision to grant the requested variance, based on the option 3 location, was made. There were various conditions imposed to secure the proper placement and attributes of the ground sign, as the on-going discussions were protracted and complex.

The conditions included that:

• The height of the ground sign shall not exceed 2.44 metres; • The ground sign's horizontal alignment be centered on the buildings' support column at the ground floor; • The location be tied to plans submitted by the Applicant, via e-mail correspondence, on January 7, 2015; and • The proposed ground sign shall not extend beyond the Lower Simcoe Street property boundary.

While staff and the Applicant were able to agree upon the location of the proposed sign, the Applicant was not satisfied with the condition limiting the signs' height. An appeal of the decision was submitted on February 11, 2015.

Figure 2: Original Sign Location - Site Plan

PATH Network Access

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Figure 3: Proposed Projecting Sign Location – Rendered Image

Figure 4: Approved Ground Sign Location

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Criteria Established by §694-30A of Chapter 694:

Administrative Criteria

The administrative criteria are listed at §694-30A (1), (2), and (7) of Chapter 694. They are criteria that are evaluated largely by looking at the sign class and sign type, as defined, as well as determining if the proposed sign is otherwise prohibited.

Table 4 – Summary of Administrative Criteria Meets Section Criteria Description Criteria? Rationale (yes/no) Belongs to a sign class The proposed sign is located within the CR- 694-30 A (1) permitted in the sign Yes Commercial Residential sign district which does district permit first party signs. In the case of a third party sign, must be of a 694-30 A (2) Yes The proposed sign is a first party sign. sign type permitted in the sign district

Not be a sign prohibited 694-30 A (7) Yes The proposed sign is not prohibited by §694-15B. by 694-15B

Design Criteria

The design criteria are listed at §694-30A (3), (4), and (8). These criteria are focused on the compatibility of the proposed sign with the current and future development of the subject premises and surrounding area. In reviewing an application against these criteria, staff consider, amongst other things, surrounding developments (existing or proposed), signs, and relevant city policies.

Table 5 – Summary of Design Criteria Meets Section Criteria Description Criteria? Rationale (yes/no)

The height of the ground sign originally proposed was to be 3.15 metres. The condition imposed in the decision that was made with respect to granting the variance was that the height not exceed 2.44 metres. The condition was imposed, in part, because there are other architectural and design elements on the building along the first storey elevation fronting Lower Simcoe Street. An all-weather Compatible with the glass and steel canopy spans most of the building façade, development of the stretching to the westerly limits of the street line. Beyond 694-30 A(3) Yes premises and the street line, in the Lower Simcoe Street right-of-way surrounding area extensive landscaping and street trees are proposed. The canopy does not extend to where the sign was originally proposed, directly in front of the PATH access. Across the western flank of the premises, from north to south, the grade rises approximately 2.5 metres, largely as a condition of the Lower Simcoe Street extension underneath the rail corridor. This grade change reduces the clear and unobstructed height of the canopy when travelling from north to south. At the northerly extent of the

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canopy, the unobstructed clear height is significantly reduced, so much so that the placement of a ground sign at 3.15 metres in height will appear pinched in the space and is also contrary to the purpose of using light transmitting materials in the canopy's construction.

In addition, another existing ground sign located on the adjacent premises at 18 York Street contains similar design features and sign copy (including a stylized "P" parking symbol, a readograph sign face component, illumination and colour scheme, and stainless steel finishes) and is intended to be used for the very same purpose as the ground sign which is the subject of this appeal. The existing ground sign containing this similar design is located on the southerly property frontage, perpendicular to Bremner Boulevard, near an underground parking garage entrance. The height of the existing ground sign is 2.44 metres, hence the condition respecting height in the granting of the variance. Staff only sought to maintain the compatibility, cohesion and uniformity of signage on the premises and in the surrounding area.

The Official Plan designates the premises as "Mixed Use" Supports to Official and part of the "Downtown and Central Waterfront" Urban Plan objectives for Structure which promotes and anticipates larger scale 694-30A(4) Yes the property and retails and office buildings containing mixed uses. The surrounding area proposed signage and the variance sought meet with the Official Plan objectives.

As previously mentioned, the height of the proposed ground sign is not consistent with the existing parking ground sign located on the adjacent premises and which serves the same purpose as the ground sign which is the subject of this appeal. Furthermore, as previously mentioned, the revised location of the proposed ground sign, at the height proposed by the Appellant, would not provide the necessary clearance to the underside of the all-weather steel and glass canopy located along the westerly façade of the first storey building wall.

Staff feel that in addition to having the proposed ground Does not alter the sign being consistent with any existing signage in the character of the surrounding area serving the same (or similar) purpose, at 694-30 A(8) Yes premises or a height of 3.15 metres, rather than as approved at 2.44 surrounding area metres, gives the appearance of a cramped signage implementation.

Additionally, a condition imposed in the decision that was made with respect to granting the variance was that the proposed ground sign's horizontal alignment shall be centered on the buildings supporting column at the ground floor. It is the opinion of staff that by centering the proposed ground sign along the building column, it would have an aesthetically pleasing effect on the building façade and prevent any negative visual impacts or obstructing site lines from the glazing along the first storey of the building wall.

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Impact Criteria:

The impact criteria are the criteria listed at §694-30A (5), (6), and (9). These criteria are focused on the impact that a sign may have on surrounding buildings and properties and on the public in general. These criteria also consider whether or not the proposed sign will have any impacts on public safety.

Table 6 – Summary of Impact Criteria Meets Section Criteria Description Criteria? Rationale (yes/no)

The neighbouring property located directly across from the proposed sign to the west is a truck elevator entrance.

The proposed sign is to be positioned so that it is Does not adversely perpendicular to Lower Simcoe Street and the 694-30 A(5) Yes affect adjacent premises neighbouring property to the West.

The revised location of the ground sign does not impede PATH system access, provides for greater visibility to southbound traffic and is located outside of any visibility zone.

The original proposed location for the ground sign was to be directly in front of a PATH system entrance along the westerly frontage toward the northerly limit of the premises. As a condition in granting the variance, a new location for the ground sign was determined and agreed upon, as provided by the Applicant. The new location is to be positioned south of the underground parking garage entrance and no longer directly in front of an entranceway to the Does not adversely 694-30 A(6) Yes PATH. affect public safety

The proposed ground sign is to be positioned so that it does not impede pedestrian traffic and so that it is not placed within a visibility zone.

The proposed sign is to be professionally installed to be in accordance with all requirements of the Ontario Building Code.

The original proposal was to be placed in front of a pedestrian access to the PATH system. If the proposed sign were to be placed in the original location, the sign would be contrary to the public Is not contrary to the interest due to the sign potentially impeding the 694-30 A(9) Yes public interest entrance and egress of the PATH system entrance.

The new proposed location is to be placed further south along Lower Simcoe Street, where the sign will not affect the PATH system access.

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CONCLUSION

In consideration of the appeal of the Chief Building Official's decision in respect of the First Party Sign Variance Application seeking a variance to Chapter 694 to provide for one illuminated sign containing both static copy and readograph copy (displayed electronically), facing Lower Simcoe Street, it is the position of staff that the Appellant has established that the requested variances required for the proposed signs meet all nine of the established criteria. As such, it is recommended that the Sign Variance Committee uphold the decision of the Chief Building Official, inclusive of the conditions imposed thereto.

CONTACT

Ryan McLeod Robert Bader Sign Building Code Examiner Inspector Supervisor, Variance, Tax & Permits Sign By-law Unit Sign By-Law Unit Tel: (416) 392-4229 Tel: (416) 392-4113 E-mail: [email protected] E-mail: [email protected]

SIGNATURE

______Ted Van Vliet Manager, Sign By-law Unit

ATTACHMENTS

1. Description of Sign 2. Applicant's Submission Package

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ATTACHMENT 1: DESCRIPTION OF SIGN

In conjunction with a high-rise hotel and office building located on the premises, proposal to permit the erection and display of one illuminated ground sign with static copy and readograph copy, located along the westerly property frontage, directed towards and perpendicular to Lower Simcoe Street. The proposed sign is to be 1.05 metres in horizontal width, containing a sign face component displaying readograph copy (displayed electronically), with the dimensions of 0.76 metres in width and 0.89 metres in length. In addition, the following conditions shall apply:

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ATTACHMENT 2: APPLICANT'S SUBMISSION PACKAGE

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