STAFF REPORT ACTION REQUIRED Amendment and Zoning

Staff report for action – Preliminary Report – 158, 164, 181 and 200 Sterling Rd 1

STAFF REPORT ACTION REQUIRED

158, 164, 181 and 200 Sterling Rd - Official Plan Amendment and Zoning Amendment Applications - Preliminary Report

Date: November 16, 2011

To: Planning and Growth Management Committee

From: Chief Planner and Executive Director, City Planning Division

Wards: Ward 18 – Davenport

Reference Number:

Pg12001 (File Number: 11 228729 STE 18 OZ)

SUMMARY

This application proposes to amend the Official Plan by converting the Employment Areas designated site to allow for residential and commercial uses at 158, 164, 181 and 200 Sterling Road. The application includes 73,700 square metres of commercial space, 717 residential units, a park, connections to the railpath and renovation of the historically designated building on the site for commercial and residential use. The site is proposed to be broken into 6 development blocks with a new public road, 1,244 parking spaces and Perth Avenue is proposed to be realigned.

This report provides preliminary information on the above-noted applications and seeks Planning and Growth Management Committees direction on further processing of the applications.


RECOMMENDATIONS

The City Planning Division recommends that:

1. Staff be directed to review the application to redesignate the subject lands from Employment Areas to Mixed Use Areas for the purpose of permitting residential development concurrently, and in the context of, the statutory Five Year Review of the Official Plan which includes a Municipal Comprehensive Review that has been commenced by the City Planning Division.

Financial Impact The recommendations in this report have no financial impact.

DECISION HISTORY Section 26 of the Planning Act requires the City to review its Official Plan policies, including the designation of lands as areas of employment and the removal of land from areas of employment, every five years. This statutory review is now underway. The Municipal Comprehensive Review for employment areas referred to in the Provincial Growth Plan and Comprehensive Review for employment areas in the Provincial Policy Statement is being undertaken concurrently with the Five Year Review of the Official Plan as directed by Planning and Growth Management Committee at its meeting on May 30, 2011. The link to the decision can be found at: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2011.PG5.2

The 10-storey Northern Aluminum Company Building at 158 Sterling Road is historically designated. The designation By-law can be found at: http://www.toronto.ca/legdocs/bylaws/2005/law0969.pdf

Pre-Application Consultation A series of pre-application consultation meeting were held with the applicant to discuss complete application submission requirements and to review and give feedback on the proposal. At each of these pre-application meetings staff informed the applicant that any application to change the designation of the site from Employment Areas to Mixed Use Areas would be considered premature given that the City is currently undergoing the Municipal Comprehensive Review.

In addition, the applicant has held approximately six meetings with the community prior to filing the application. Staff attended some but not all of these meetings.

ISSUE BACKGROUND

Proposal The proposal contains approximately 130,000 square metres of gross floor area, divided over 6 development blocks bisected by a new public road. 55,300 square metres of

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2011.PG5.2

http://www.toronto.ca/legdocs/bylaws/2005/law0969.pdf


residential gross floor area (717 residential units), and 73,700 square metres of commercial gross floor area is proposed. The uses that would be included in the commercial space have not yet been defined but a mix of office and retail is expected.

A map showing the proposed Blocks is attached as Attachment 1 to this report.

Blocks 1A and 1B are located on the west side of Perth Avenue and contain 29, three-storey (11.5 metres) townhouses. Parking for these townhouses is located below grade with access from a common driveway on Perth Avenue.

A proposed realignment of Perth Avenue where it bends into Sterling Road creates Block 2 on the north side of the realigned Perth Avenue. This Block contains 16 residential townhouse units facing Perth Avenue and Sterling Road. Underground parking is provided for these units.

The historically designated Northern Aluminum Company Building on Block 3 will be renovated, and 3-storeys will be added to the top. It is proposed to contain commercial uses on the first two floors and 176 residential units above. The total height of the building is 13-storeys, or 61.4 metres once the addition is constructed on top. Also on Block 3 are commercial buildings up to eight-storeys (38 metres) on the south end of the Block, and mixed-use buildings up to 17-storeys (59.8 metres) in height. Directly west of the heritage building is a proposed courtyard space which would be accessible to the public.

Block 4 is located on the east side of Sterling Road. A 16-storey (58 metre) residential tower is proposed for the northwest corner of the block, with mixed-use buildings of ten-, eight-, and four-storeys moving southward. A two-storey parking garage takes up most of the east side of the Block adjacent to the rail corridor above-grade.

The commercial space is primarily proposed on Block 5, in two buildings, nine- and seven-storeys in height (40 and 33 metres respectively) located south of Perth Avenue on the west side of the site. A nine-metre wide pedestrian connection running east-west between the buildings would provide access to the West Toronto Railpath. Additional non-residential space is proposed on other Blocks as described below.

A new 2,162 square metre public park is proposed on Block 6, on the west side of Perth Avenue where it bends, with connections to the West Toronto Railpath.

One thousand, two hundred and forty-four parking spaces are proposed for the entire site. One level of below grade parking covers the entire site (two levels on Block 4) and the second floors of all the buildings, with the exception of the heritage building, and the townhouses also contains parking.


To summarize the uses on each block (all areas in square metres):

Block

Commercial

Residential

No. of

Res. Units Public

Parkland Landscaped

Space Parking

1A 0 2,700 15 0 0 18 1B 0 2,520 14 0 0 16 2 0 2,340 16 0 0 55 3 16,921 31,437 456 0 1,510 254 4 8,576 16,236 216 0 0 366 5 48,115 0 0 0 1,270 535 6 0 0 0 2,162 0 0

Total 73,612 55,233 717 2,162 2,780 1,244

See Attachments 1-5 for drawings detailing the proposal and Attachment 8 for the Application Data Sheet.

Site and Surrounding Area The irregularly shaped site stradles both sides of Sterling Road, between two rail corridors, south of Bloor Street and north of Dundas Street West. The total area of the site is 31,459 square metres. A portion of the site runs along the west side of Perth Avenue from south of the Church of the Firstborn (72 Perth Avenue) to where Perth bends to travel east/west. Another small portion of the site is on the north side of Perth as it runs east/west towards Sterling Road. The majority of the site is located on the west side of Sterling Road, south of Perth Avenue and west of the Lower Galt Subdivision rail line. The last portion of the site is located on the east side of Sterling Road south of the property known as 211 Sterling Road, west of the CN Newmarket Subdivision rail line. See the Key Map on the first page of this report, or the Site Plan, Attachment 1 of this report, for a plan showing the subject site.

The entire site is currently vacant of structures with the exception of the historic Northern Aluminum Company Building. The former industrial buildings on the site were removed to allow for the remediation of the site which is ongoing.

North: To the north of the subject site is another Employment Areas designated building known as 213 Sterling Road which houses a variety of uses including a circus school, and a sports facility. On the north and east side of Perth Avenue is a low scale residential community of approximately 60 houses interspersed with small commercial uses. On the north and east side of Sterling Road is a mix of recently constructed townhouses, warehouse buildings containing commercial and residential units and a 15-storey condominium building fronting on Bloor Street West.

South: South of the subject property, on the west side of Sterling Road is a warehouse building that houses a gymnastics academy, a flag-making business and a paintball facility. Immediately south of this warehouse building is the Nestle chocolate factory which operates 24-hours a day, 7-days a week. South of the site


on the east side of Sterling Road are two additional warehouse building which contain a daycare, gallery space and moving box storage. South of these warehouses is another part of the Nestle factory, and then a surface parking lot used by Nestle employees.

East: East of the subject site is a rail corridor known as the CN Newmarket Subdivision, and on the opposite side of the rail corridor are a mix of low-scale residential houses, small scale commercial uses, a public park and a mid-rise residential building.

West: The West Toronto Railpath is directly west of the site, adjacent to the Lower Galt Subdivision rail corridor. This rail corridor is currently being expanded to accommodate the airport link. On the west side of this rail corridor is an area containing residential homes, a Loblaws supermarket, and smaller scale commercial uses.

The Planning Act The Planning Act's Section 2, which deals with Provincial Interests requires councils of municipalities to have regard to matters of provincial interest such as:

(l) the protection of the financial and economic well-being of the province and its Municipalities;

(o) the protection of health and safety; and

(p) the appropriate location of growth and development.

Provincial Policy Statement The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS establishes the policy foundation for regulating the use and development of land. City Council's planning decisions are required to be consistent with the PPS. The PPS requires the City to promote economic development and competitiveness by:

a) providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long-term needs;

b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses;

c) planning for, protecting and preserving employment areas for current and future uses; and


d) ensuring the necessary infrastructure is provided to support current and projected needs.

The PPS defines employment areas as those areas designated in an Official Plan for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices, and associated retail and ancillary facilities.

Section 1.3.2 of the PPS states that the City may only give consideration to converting lands within employment areas to non-employment uses when a comprehensive review has met the following two-part test:

(i) the land is not required for employment purposes over the long-term; and

(ii) that there is a need for the conversion.

Growth Plan for the Greater Golden Horseshoe The Growth Plan provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council’s planning decisions are required to conform, or not conflict with, the Growth Plan.

The Growth Plan requires the City to maintain an adequate supply of lands providing locations for a variety of appropriate employment uses in order to accommodate the employment growth forecasts of the Plan. The Plan requires municipalities to promote economic development and competitiveness by:

a) providing for an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long-term needs;



d) ensuring the necessary infrastructure is provided to support current and forecasted employment needs.

The definition of an employment area in the Growth Plan is the same as that used in the PPS.

Municipalities may permit conversion of lands within employment areas to non-employment uses only through a Municipal Comprehensive Review. The Growth Plan


clarifies and strengthens the application of the PPS as it applies to employment lands, in particular by clarifying the definition of Municipal Comprehensive Review by defining it as: “an Official Plan review, or an Official Plan Amendment, initiated by a municipality that comprehensively applies the policies and schedules of this Plan" (Growth Plan). Consistent with the PPS, the Growth Plan limits such conversions only where it has been demonstrated through the Municipal Comprehensive Review that it meets a number of criteria.

The PPS and the Growth Plan require municipalities to promote economic development and competitiveness by planning for, protecting and preserving employment areas for current and future employment uses. Approval of the subject application without first undertaking a Municipal Comprehensive Review would be contrary to the Places to Grow Act 2005 which requires that all municipal planning decisions conform with the Growth Plan and would be premature.

Official Plan Map 18 of the City's Official Plan shows the majority of the subject lands are designated as Employment Areas. There is a small portion at the north end of the site on the west side of Perth Avenue which is designated as Mixed Use Areas which permits a range of residential and commercial uses. Another small piece on the north side of Perth Avenue where it bends is designated as Neighbourhoods which permits residential uses that fit into the character of the existing surrounding neighbourhood.

Employment Areas are described in Section 4.6 as "hothouses where we grow our enterprises and jobs". It goes on to state that business increasingly requires flexibility in order to compete effectively in the global economy. This need for flexibility extends to a firm's lands and building, and to what is available to support that business activity in the immediate area. A broad and inclusive approach to employment uses in Employment Areas is needed for the City's economic future. Uses that support the prime economic function of Employment Areas, such as parks, small scale retail stores and services to meet the daily needs of business and employees, workplace daycare and restaurants, must also be readily accessible within Employment Areas. Uses that detract from the economic function of these lands will not be permitted to locate in Employment Areas.

Policy 1 of Section 4.6 states that Employment Areas are places of business and economic activity. Uses that support this function consist of: offices, manufacturing, warehousing, distribution, research and development facilities, utilities, media facilities, parks, hotels, retail outlets ancillary to the preceding uses, and restaurants and small scale stores and services that serve area businesses and workers.

It is important to note that the subject site is part of a large area designated as Employment Areas on Map 18 in the City of Toronto Official Plan. This area encompasses all the area between the two rail corridors, north of Dundas Street West, up to and including 213 Sterling Road and the subject site.


Zoning Under former City of Toronto Zoning By-law 438-86 the majority of the site is zoned as I3 D3. This allows a variety of industrial uses up to a density of 3 times the area of the lot with a height limit of 23 metres. No residential uses are permitted in areas zoned for Industrial uses.

The small portion of the site designated as Mixed Use Areas in the Official Plan, on the west side of Perth Avenue is zoned Commercial-Residential allowing both residential and commercial uses up to a density of 2 times the area of the lot with a height limit of 12 metres.

The portion of the site designated Neighbourhoods in the Official Plan, on the north side of Perth Avenue where it bends towards Sterling Road is zoned R2 Z0.6 which permits residential uses up to a density of 0.6 times the area of the lot with a height limit of 10 metres.

In addition, the proposed development does not comply with other zoning standards such as maximum building height.

Site Plan Control An application for Site Plan Control has not been filed.

Reasons for the Application Official Plan Amendment Application - The proposed residential uses are not permitted on lands designated Employment Areas in the Official Plan. Depending upon the type of uses that comprise the non-residential portion of the proposed "mixed use development," an amendment may additionally be required for some of the proposed non-residential uses.

Zoning Amendment Application – The proposed residential uses are not permitted in areas zoned "I" (Industrial). In addition, the proposed heights (up to 61 metres) are above the height limit of 23 meters. More areas of non-compliance with the Zoning By-law may be identified through the application process.

COMMENTS

Application Submission The following reports/studies were submitted with the application:

Planning Rationale - Community Services and Facilities Study - Green Development Standards Checklist - Noise and Vibration Feasibility Report - Pedestrian Level Wind Study - Sun/Shadow Study


- Heritage Impact Statement - Economic Impact Analysis - Transportation Assessment (includes Loading Study, Parking Study, Traffic

Operations Assessment, Traffic Impact Study) - Master Functional Servicing Report (includes Stormwater Management Report,

Servicing Report) - Arborist Report - Air Quality Compatibility/Odour Study - Environmental Conditions

A Notification of Complete Application was issued on July 15, 2011.

Provincial Plans and Policy Statement (PPS) To consider an application for conversion of employment lands to non-employment use, the PPS requires a comprehensive review to be conducted which is based on a review of growth projections and which includes consideration of alternative directions for growth. Only after such a review can City Council consider converting employment lands and then only where the two-part test has been satisfied. That is, that the comprehensive review has demonstrated that the land is not required for employment purposes over the long-term and that there is a need for the conversion.

The Growth Plan reiterates and clarifies the objectives of preserving and protecting employment lands from conversions to non-employment uses. Policy 5 of Section 2.2.6 clarifies that the City may permit a conversion of employment area lands to non-employment uses only through a Municipal Comprehensive Review which is described as an Official Plan review, or an Official Plan Amendment, initiated by a municipality that comprehensively applies the policies and schedules of the Growth Plan. This review would need to demonstrate the following:

a) there is a need for the conversion;

b) the City will meet its employment forecasts allocated to the City pursuant to the Growth Plan;

c) the conversion will not adversely affect the overall viability of the employment area and the achievement of the intensification target, density targets and other policies of the Growth Plan;

d) there is existing and planned infrastructure to accommodate the proposed conversion;

e) the lands are not required over the long term for the employment purposes for which they are designated; and

f) cross-jurisdictional issues have been considered.


Approval of an application to convert employment lands to non-employment uses would not conform to the Growth Plan without the City first undertaking a comprehensive review addressing the criteria set out in the Growth Plan. In May 2011, the City Planning Division commenced the statutory Five Year Review of the Official Plan, which includes a Municipal Comprehensive Review. The subject applications are premature prior to the completion of these reviews. It is therefore recommended that the applications be reviewed concurrently and in the context of the Five Year Review of the Official Plan and the Municipal Comprehensive Review.

Community Consultation A community consultation meeting was held on October 13, 2011 and about 65 members of the public along with Planning staff, the applicant and the local Councillor attended. Staff made the decision to hold the community meeting prior to the completion of the Municipal Comprehensive Review in this specific circumstance because the applicant had already held at least 6 meeting in the community (some of which staff attended).

After presentations by both Planning staff and the applicant, members of the community were able to ask questions and comment on the application. Some of the comments from the public supported the application, stating that the proposed development could be a buffer between the Nestle factory and the existing residential neighbourhood north of Perth Avenue, and many people spoke about wanting to see something happen on the empty property.

Much of the discussion centred around the traffic impact of the proposal given the number of residential units proposed and the amount of commercial space. Questions were also raised about the provision of affordable housing in the development, the amount of the parkland dedications, the connections to the rail path, the types of jobs that are proposed to be created and the impact that the addition of residential units may have on the industrial uses in the area.

Since receiving the application, staff have received letters and emails from the public both supporting the application and raising concerns. Supporters of the proposal cite the renovation of the heritage building, the new park space, connections to the rail path and the revitalization of a large empty site as reasons for their support. The letters that staff have received citing concerns with the proposal, including two from Nestle, question the compatibility of residential and industrial uses and the impact of the traffic generated from the development.

In addition with talking to members of the community, staff have met with Nestle to understand the external impacts of their business and their plans for this site in the future.

Issues to be Resolved On a preliminary basis, the following issues have been identified:


Land Use Issues

- The appropriateness of redesignating the subject property from Employment

Areas to Mixed Use Areas and introducing residential uses at this site. - The appropriateness of permitting new commercial uses on the site. - The impact of the proposed uses on the existing industrial uses surrounding the

subject site including Nestle.

Area Wide Issues

- The future comprehensive development of the lands proposed to be removed from the Employment Areas designation including an appropriate street and block pattern.

- The availability and adequacy of community services and facilities to accommodate residential development.

- Traffic impact and parking. - Assessment of the pedestrian connections including those over the rail corridors

to provide better connections to Lansdowne subway station and the public park on the east side of the CN Newmarket Subdivision.

- The applicability of Section 37 of the Planning Act to secure appropriate community benefits should the application be recommended for approval.

Site Specific Issues

- The appropriateness of the proposed heights of the buildings. - The location and amount of public parkland. - Assessment of the impact of the proposed addition to the historically designated

Tower Aluminum Company Building. - The relationship of the newly proposed buildings to the Tower Aluminum

Company Building. - A review of the interface between the site, the West Toronto rail path and the

required crash berm. - The appropriateness of the relationship between the proposed buildings, and their

relationship to the existing and proposed streets. - Proposed above grade parking on all the blocks.

Additional issues may be identified through the review of the application, agency comments and the community consultation process.

Toronto Green Standard The Toronto Green Standard (TGS) is a tool to implement the broader environmental policies of the Official Plan. Several of the natural environment policies of the Official Plan encourage green development. These policies are geared to reduce the negative impacts of development on the natural environment through practices such as improved stormwater management, water and energy efficiency, and waste reduction and recycling. These policies also promote development that enhances the natural environment and support green industry.


The TGS Checklist has been submitted by the applicant and is currently under review by City staff for compliance with the Tier 1 performance measures.

Conclusion Staff recommend that these applications be reviewed within the context of the ongoing Municipal Comprehensive Review. Approval of the application to convert employment lands to allow non-employment uses would not conform to the Growth Plan without the prior completion of the Municipal Comprehensive Review by the City.

CONTACT Sarah Phipps, Senior Planner Tel. No. (416) 392-7622 Fax No. (416) 392-1330 E-mail: [email protected]

SIGNATURE

_______________________________

Gary Wright Chief Planner and Executive Director City Planning

ATTACHMENTS Attachment 1: Site Plan Attachment 2: Elevation - Townhouses on West side of Perth Avenue, and Commercial

Buildings on West side of new public street Attachment 3: Elevation - Looking North through the middle of Blocks 5, 3 and 4 Attachment 4: Elevation - Along the South side of the Site Attachment 5: Elevation - Along the West Side of Sterling Road Attachment 6: Zoning Attachment 7: Official Plan Attachment 8: Application Data Sheet


Attachment 1: Site Plan


Attachment 2: Elevation – Townhouses on West side of Perth Avenue, and Commercial Buildings on West side of new public street


Attachment 3: Elevation – Looking North through the middle of Blocks 5, 3 and 4


Attachment 4: Elevation - Along the South side of the Site


Attachment 5: Elevation – Along the West Side of Sterling Road


Attachment 6: Zoning


Attachment 7: Official Plan


Attachment 8: Application Data Sheet

Application Type Official Plan Amendment & Rezoning

Application Number:

11 228729 STE 18 OZ

Details OPA & Rezoning, Standard Application Date: June 28, 2011 Municipal Address: 158, 164, 181, 200 STERLING RD Location Description:

PLAN M44 LOTS 45 TO 53 PLAN 1261 BLK F PLAN 1260 PT BLK E PT LOTS 22, 24, 25 & 44 **GRID S1804

Project Description: OPA and Rezoning application for mixed use lot. OPA (site specific) application for entire site to create new mixed use development with mix of employment and residentail uses. Multiple blocks associated with site. Rezoning application for - Block 1B (extend MCR Zoning from Block 1A) and Block 3 (existing Heritage tower automotive building) Refer to draft amendments included in application.

Applicant: Agent: Architect: Owner: Urban Strategies Page + Steele Castlepoint Studio Partners Limited

Planning Controls Official Plan Designation:

Employment Areas, Mixed Use and Neighbourhoods

Site Specific Provision:

Zoning: I3 D3, CR T2.0 C2.0 R2.0 and R2 Z0.6 Historical Status: Designated Building on site

Height Limit (m): 23, 12 and 10 Site Plan Control Area: Y

Project Information Site Area (sq. m): 31,459 Height: Storeys: Up to 17 Frontage (m): 0 Metres: Up to 60 Depth (m): 0 Total Ground Floor Area (sq. m): 17,410 Total Total Residential GFA (sq. m): 55,233 Parking Spaces: 1244 Total Non-Residential GFA (sq. m): 58,617 Loading Docks 3 Total GFA (sq. m): 113,850 Lot Coverage Ratio (%): 55.3 Floor Space Index: 3.62

Dwelling Units Floor Area Breakdown (upon project completion) Tenure Type: Condo, Freehold, Live/Work Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): 55,233 0 Bachelor: 0 Retail GFA (sq. m): 57,217 0 1 Bedroom: 0 Office GFA (sq. m): 0 0 2 Bedroom: 0 Industrial GFA (sq. m): 0 0 3 + Bedroom: 0 Institutional/Other GFA (sq. m): 1,400 0 Total Units: 717

Staff report for action – Final Report – 158, 164, 181 and 200 Sterling Road 1 V.02/12

STAFF REPORT ACTION REQUIRED

158, 164, 181 and 200 Sterling Rd - Official Plan Amendment and Zoning Amendment Applications – Refusal Report

Date: October 11, 2012

To: Planning and Growth Management Committee

From: Chief Planner and Executive Director, City Planning Division

Wards: Ward 18 – Davenport

Reference Number:

P:\2012\Cluster B\PLN\Pg12076 (File Number: 11 228729 STE 18 OZ)

SUMMARY

These applications at 158, 164, 181 and 200 Sterling Road propose to amend the Official Plan and the Zoning By-law by converting the Employment Areas designated, industrially zoned site to allow for residential and commercial uses. The proposal includes 683 residential units (56,353 square metres of residential gross floor area), 61,753 square metres of non-residential gross floor area, a park, and renovation of the historically designated building on the site for commercial and residential use. The site is proposed to be broken into 6 development blocks with a new north/south road through the site, a realigned Perth Avenue and 1,692 parking spaces.

This report reviews and recommends the refusal of the Official Plan Amendment application and the Zoning By-law Amendment application.

The Official Plan Amendment application cannot be supported as it does not conform to the Growth Plan and it is not consistent with the Provincial Policy Statement (PPS). Approval of the application, without first completing a municipal comprehensive review, would be contrary to the PPS and the Growth Plan.


The Planning Act requires that the decisions of City Council be consistent with the Provincial Policy Statement and conform with, or not conflict with, provincial plans. As well, the Places to Grow Act 2005 requires that all municipal planning decisions conform with the Growth Plan.

In addition, the proposal would destabilize an employment area which contains a variety of viable and successful businesses.

RECOMMENDATIONS

The City Planning Division recommends that:

1. City Council refuse the Official Plan Amendment application and the Zoning Amendment application 11-228729 STE 18 OZ for 158, 164, 181 and 200 Sterling Road for the following reasons:

a) the proposal conflicts with the Growth Plan for the Greater Golden Horseshoe;

b) the proposal is inconsistent with the Provincial Policy Statement; c) the proposal will destabilize a large, viable and active employment area

and d) the proposal may have negative impacts on active businesses in close

proximity to the site.


DECISION HISTORY Section 26 of the Planning Act requires the City to review its Official Plan policies, including the designation of lands as areas of employment and the removal of land from areas of employment, every five years. This statutory review is now underway. The Municipal Comprehensive Review for employment areas referred to in the Provincial Growth Plan and Comprehensive Review for employment areas in the Provincial Policy Statement is being undertaken concurrently with the Five Year Review of the Official Plan as directed by Planning and Growth Management Committee at its meeting on May 30, 2011. The link to the decision can be found at: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2011.PG5.2

On January 5, 2012 Planning and Growth Management Committee approved recommendations directing City Planning staff to split the Five Year and Municipal Comprehensive Reviews into two phases to ensure an effective and manageable review process. Phase A consists of the Growth Plan's Municipal Comprehensive Review and the Planning Act's statutory requirements for an Official Plan review. Phase B consists of revisions to the Official Plan's policies and maps resulting from Council referrals, staff review and stakeholder consultations. The Five Year and Municipal Comprehensive



Reviews of the Official Plan's employment area policies are part of Phase A. The link to the Committee's decision can be found at: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2012.PG10.8

The Preliminary Report for this application can be found at: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2012.PG10.6

A Status Report was also prepared for this application. It can be found at: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2012.PG16.3

The 10-storey Northern Aluminum Company Building at 158 Sterling Road is historically designated. The designation By-law can be found at: http://www.toronto.ca/legdocs/bylaws/2005/law0969.pdf

City Council, on October 2, 2012, adopted a report from the Chief Planner and Executive Director, City Planning Division on the Official Plan Review and the Employment Use Policies which contained information referenced in this report. It can be found at: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2012.PG17.7

ISSUE BACKGROUND

Proposal The proposal has been amended since the initial submission as described in the Preliminary Report. Please see Attachment 1 for the Site Plan, Attachment 2 for the Basic Project Statistics and Attachment 6 for the Application Data Sheet.

The major changes in the proposal include a reduction in the overall non-residential gross floor area (from 73,612 to 61,753), an increase in the number of parking spaces (1,244 to 1,692) an increase in the residential gross floor area (from 55,233 to 56,353) but a reduction in the number of residential units (717 to 683). The proposed size of the park has also increased from 2,162 square metres to 2,390 square metres. The revised proposal for each block is detailed below.

Blocks 1A and 1B are located on the west side of Perth Avenue and now contain 26, three-storey (11.5 metres) townhouses (down from 29 units). Parking for these townhouses is located behind the townhouses with access from a common driveway on Perth Avenue.

A proposed realignment of Perth Avenue where it bends to meet Sterling Road forms the southern boundary for Block 2. The resubmission from the applicant proposes a 4-storey mixed-use building (21 metres) with 49 residential units and below grade parking.

The historically designated Northern Aluminum Company Building on Block 3 is proposed to be renovated, and 3-storeys added to the top. It is proposed to contain commercial uses on the first three floors and 112 residential units above. The total height of the building is 13-storeys or 61 metres once the addition is constructed on top. Also on




http://www.toronto.ca/legdocs/bylaws/2005/law0969.pdf



Block 3 are commercial buildings up to eight-storeys (38 metres) in height on the south end of the block, and a mixed-use building with a 17-storey (60 metre) residential tower (280 units) located on the north end of the block.

Block 4 is located on the east side of Sterling Road. A 16-storey (58 metre) residential tower containing 216 residential units is proposed for the northwest corner of the block, with mixed-use buildings of 10-, 8-, and 4-storeys moving southward. A 2-storey, above-grade parking garage takes up most of the east side of the block adjacent to the rail corridor.

Block 5 contains only non-residential uses, in two buildings, 9- and 7-storeys in height (44 and 37 metres respectively) located south of Perth Avenue on the west side of the site. A nine-metre wide pedestrian connection running east-west between the buildings would provide access to the West Toronto Railpath.

A new 2,390 square metre public park is proposed as Block 6, on the west side of Perth Avenue where it bends eastward. The configuration and the exact location of the park are still to be determined.

Additional below grade parking levels are proposed to house the 1,692 proposed parking spaces. Above grade parking on the second level is proposed for Blocks 4 and 5.

Site and Surrounding Area The irregularly shaped site straddles both sides of Sterling Road, between two rail corridors, south of Bloor Street and north of Dundas Street West. The total area of the site is 31,459 square metres. A portion of the site runs along the west side of Perth Avenue from south of the Church of the Firstborn (72 Perth Avenue) to where Perth bends to travel east/west. Another small portion of the site is on the north side of Perth as it runs east/west towards Sterling Road. The majority of the site is located on the west side of Sterling Road, south of Perth Avenue and west of the Lower Galt Subdivision rail line. The last portion of the site is located on the east side of Sterling Road south of the property known as 211 Sterling Road, west of the CN Newmarket Subdivision rail line. See the Key Map on the first page of this report for a plan showing the subject site.

The entire site is currently vacant of structures with the exception of the historic Northern Aluminum Company Building. The former industrial buildings on the site were removed to allow for the remediation of the site which is ongoing.

North: To the north of the subject site is another property designated as Employment Areas known as 213 Sterling Road which houses a variety of uses including a circus school, a sports facility and various design offices. On the north and east side of Perth Avenue is a low scale residential community of approximately 60 houses interspersed with small commercial uses. On the north and east side of Sterling Road is a mix of recently constructed townhouses, warehouse buildings containing commercial and residential units and a 15-storey condominium building fronting on Bloor Street West.


South: South of the subject property, on the west side of Sterling Road is a warehouse building that houses a gymnastics academy, a flag-making business and a paintball facility. The City has recently received a letter from the owners of this building asking for consideration to permit residential uses as part of the Municipal Comprehensive Review. Immediately south of this warehouse building is the Nestle chocolate factory which operates 24-hours a day, 7-days a week. South of the site on the east side of Sterling Road are two additional warehouse buildings which contain a daycare, gallery space, design offices, furniture makers and moving box storage. South of these warehouses is another building that is part of the Nestle factory, and a surface parking lot used by Nestle employees.

East: East of the subject site is a rail corridor known as the CN Newmarket Subdivision, and on the opposite side of the rail corridor are a mix of low-scale residential houses, small scale commercial uses, a public park and a mid-rise residential building.

West: The West Toronto Railpath is directly west of the site, adjacent to the Lower Galt Subdivision rail corridor. This rail corridor is currently being expanded to accommodate the airport link. On the west side of this rail corridor is an area containing residential homes, a retail plaza with Zellers, LCBO and Loblaws supermarket, and smaller scale commercial uses.

Provincial Policy Statement The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS establishes the policy foundation for regulating the use and development of land. City Council's planning decisions are required to be consistent with the PPS. The PPS requires the City to promote economic development and competitiveness by:

a) providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long-term needs;



d) ensuring the necessary infrastructure is provided to support current and projected needs.

The PPS defines employment areas as those areas designated in an Official Plan for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices, and associated retail and ancillary facilities.


Section 1.3.2 of the PPS states that the City may only give consideration to converting lands within employment areas to non-employment uses when a comprehensive review has met the following two-part test:

(i) the land is not required for employment purposes over the long-term; and

(ii) that there is a need for the conversion.

Growth Plan for the Greater Golden Horseshoe The Growth Plan provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council’s planning decisions are required to conform, or not conflict with, the Growth Plan.

The Growth Plan requires the City to maintain an adequate supply of lands providing locations for a variety of appropriate employment uses in order to accommodate the employment growth forecasts of the Plan. The Plan requires municipalities to promote economic development and competitiveness by:

a) providing for an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long-term needs;



d) ensuring the necessary infrastructure is provided to support current and forecasted employment needs.

The definition of an employment area in the Growth Plan is the same as that used in the PPS.

Municipalities may permit conversion of lands within employment areas to non-employment uses only through a Municipal Comprehensive Review. The Growth Plan clarifies and strengthens the application of the PPS as it applies to employment lands, in particular by clarifying the definition of Municipal Comprehensive Review by defining it as: “an Official Plan review, or an Official Plan Amendment, initiated by a municipality that comprehensively applies the policies and schedules of this Plan" (Growth Plan). Consistent with the PPS, the Growth Plan limits such conversions to only where it has been demonstrated through the Municipal Comprehensive Review that it meets a number of criteria. The PPS and the Growth Plan require municipalities to promote economic


development and competitiveness by planning for, protecting and preserving employment areas for current and future employment uses.

Official Plan Map 18 of the City's Official Plan shows the majority of the subject lands are designated as Employment Areas. There is a small portion at the north end of the site on the west side of Perth Avenue which is designated as Mixed Use Areas which permits a range of residential and commercial uses. Another small piece on the north side of Perth Avenue where it bends is designated as Neighbourhoods which permits residential uses that fit into the character of the existing surrounding neighbourhood.

Employment Areas are described in Section 4.6 as "hothouses where we grow our enterprises and jobs". It goes on to state that business increasingly requires flexibility in order to compete effectively in the global economy. This need for flexibility extends to a firm's lands and building, and to what is available to support that business activity in the immediate area. A broad and inclusive approach to employment uses in Employment Areas is needed for the City's economic future. Uses that support the prime economic function of Employment Areas, such as parks, small scale retail stores and services to meet the daily needs of business and employees, workplace daycare and restaurants, must also be readily accessible within Employment Areas. Uses that detract from the economic function of these lands will not be permitted to locate in Employment Areas.

Policy 1 of Section 4.6 states that Employment Areas are places of business and economic activity. Uses that support this function consist of: offices, manufacturing, warehousing, distribution, research and development facilities, utilities, media facilities, parks, hotels, retail outlets ancillary to the preceding uses, and restaurants and small scale stores and services that serve area businesses and workers.

It is important to note that the subject site is part of a large area designated as Employment Areas on Map 18 in the City of Toronto Official Plan. This area encompasses all the area between the two rail corridors, north of Dundas Street West, up to and including 213 Sterling Road and the subject site.

Zoning Under former City of Toronto Zoning By-law 438-86, as amended, the majority of the site is zoned as I3 D3. This allows a variety of industrial uses up to a density of 3 times the area of the lot with a height limit of 23 metres. No residential uses are permitted in areas zoned for Industrial uses.

The small portion of the site designated as Mixed-Use Areas in the Official Plan, on the west side of Perth Avenue is zoned Commercial-Residential allowing both residential and commercial uses up to a density of 2 times the area of the lot with a height limit of 12 metres.

The portion of the site designated Neighbourhoods in the Official Plan, on the north side of Perth Avenue where it bends towards Sterling Road is zoned R2 Z0.6 which permits


residential uses up to a density of 0.6 times the area of the lot with a height limit of 10 metres.

Draft Plan of Subdivision and Site Plan Control A Draft Plan of Subdivision application was submitted by the applicant on August 9, 2012. Further processing of this application will be held until the land use issue has been resolved.

Site Plan Control is required for the entire development, but no application been filed for any portion of the proposal.

Reasons for Application Official Plan Amendment Application

- The proposed residential uses are not permitted on lands designated Employment Areas in the Official Plan.

Zoning Amendment Application

– The proposed residential uses are not permitted in areas zoned "I" (Industrial). In addition, the proposed heights (up to 61 metres) are above the height limit of 23 metres.

Community Consultation A Community Consultation meeting was held on October 13, 2011. Planning staff, the local Councillor, the applicant and approximately 65 members of the public attended. Planning staff presented the planning policy context followed by a presentation on the specifics of the proposal by the applicant. The following questions and comments were raised following the presentations:

Land Use

– There were a number of questions and comments raised about introducing residential uses on this site. The neighbourhood is anxious to see this site redeveloped, and several people were pleased with the plan as presented. Other people expressed concern about the impact of the new residential units on the existing industrial uses in the area and vice versa. City staff were asked if the City could ensure that all the non-residential uses were built and occupied. Staff explained that the City has no way to guarantee that the applicant will build the non-residential portion of the proposal.

Types of jobs anticipated to be created

– The applicant is proposing that through the redevelopment of the site 2,500 jobs will be created. At the community meeting the applicant stated that 80% would be commercial/office jobs and 20% would be service jobs. However, these ratios may change as the development moves forward. At this point the applicant has not indicated the exact type of uses and/or firms that are expected to populate the non-residential space on the site.

Traffic

– At the time of the public meeting approximately 1,200 parking spaces were proposed. That number has been increased to over 1,600 with the revised submission. Concerns were raised about the traffic impact all these cars may have on the neighbourhood, especially given the limited access to and from the subject site.


Noise

– Given that the site is located adjacent to two rail lines, and a 24-hour factory,

questions were raised at the meeting about the potential noise impact from these sources on the proposed residential units.

Affordable Housing

– Several people expressed support for including affordable housing

units in the development. The applicant stated that 10% of the units would be affordable (rental and/or ownership) and that this would be in addition to any Section 37 benefits secured for the site.

Massing/Built Form

– A number of questions were asked about the massing of the proposal and how it would fit into the existing built form context.

Unit Mix

– The community was supportive of ensuring a mix of unit types and sizes including a large component of family sized units.

Agency Circulation The application was circulated to all appropriate agencies and City divisions. Responses received have been used to assist in evaluating the application and to formulate appropriate by-law standards.

COMMENTS

Planning Act The proposed amendment does not have adequate regard to matters of Provincial Interest as required by Section 2 of the Planning Act.

In particular, Section 2(k) refers to the adequate provision of employment opportunities; and 2(l) the protection of the financial and economic well-being of the Province and its municipalities. Policies pertaining to these items of Provincial interest are contained within the Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe.

Furthermore, Section 26 of the Planning Act requires municipalities to review their in force Official Plans every five years. As part of the five year review process, Section 26 (1) (b) of the Planning Act requires municipalities to revise the Official Plan if it contains policies dealing with areas of employment, including, without limitation, the designation of areas of employment in the official plan and policies dealing with the removal of land from areas of employment, to ensure that those policies are confirmed or amended. Accordingly, the City Planning Division commenced the statutory Five Year Review of the Official Plan, which includes a Municipal Comprehensive Review as set out in the Growth Plan for the Greater Golden Horseshoe.


Provincial Policy Statement The proposal is not consistent with the Provincial Policy Statement (PPS).

The City of Toronto Official Plan designates the subject site, and the surrounding properties, as Employment Areas, which are considered places of business and economic activity. This supports the Provincial Policy Statement, which defines employment areas as areas designated in an official plan for clusters of business and economic activities.

The proposed Official Plan amendment to permit the inclusion of residential uses on the subject lands would constitute a conversion of employment lands to a non-employment use. To permit an application for conversion of employment lands to a non-employment use, the PPS requires a comprehensive review to be conducted which is based on a review of growth projections, and which includes consideration of alternative directions for growth. Only after such a review is complete can Council convert employment lands, and then only where the two-part test has been satisfied. That is, that the comprehensive review has demonstrated that the land is not required for employment purposes over the long-term and that there is a need for the conversion (for example, to meet the population and housing targets as determined through the comprehensive review).

A comprehensive review has been initiated by the City and staff are bringing forward a series of reports with respect to this review. The first report was presented to the Planning and Growth Management Committee on September 13th and a second will be presented to the same Committee on November 8, 2012. The final recommendations with respect to the Municipal Comprehensive Review and the Official Plan review are expected in 2013.

Section 4.5 of the Provincial Policy Statement provides that the official plan is the most important vehicle for implementation of the PPS. In addition, the PPS requires that official plans shall also provide clear, reasonable and attainable policies to protect provincial interests. Municipalities are required to keep their official plans up-to-date with the Provincial Policy Statement. The approval of an official plan amendment to allow for residential uses on the subject lands would be contrary to provincial policies and interests.

Growth Plan for the Greater Golden Horseshoe The proposal does not conform with the Growth Plan for the Greater Golden Horseshoe.

The subject lands are an Employment Area under the Growth Plan. The Growth Plan provides the same definition of Employment Areas as the PPS; they are areas designated in an official plan for clusters of economic activities. The proposed Official Plan amendment would also constitute a conversion of employment lands under the Growth Plan and should not be approved by City Council prior to the completion of the Municipal Comprehensive Review and then may only be permitted to convert if the test set out in the Growth Plan has been satisfied.

The Growth Plan reiterates and clarifies the objectives of preserving and protecting employment lands from conversions to non-employment uses. Policy 5 of Section 2.2.6 clarifies that the City may permit a conversion of employment area lands to non-


employment uses only through a municipal comprehensive review which is described as an official plan review, or an official plan amendment, initiated by a municipality that comprehensively applies the policies and schedules of the Growth Plan. This review would need to demonstrate the following:

a) there is a need for the conversion;

b) the City will meet its employment forecasts allocated to the City pursuant to the Growth Plan;

c) the conversion will not adversely affect the overall viability of the employment area and the achievement of the intensification target, density targets and other policies of the Growth Plan;

d) there is existing and planned infrastructure to accommodate the proposed conversion;

e) the lands are not required over the long term for the employment purposes for which they are designated; and

f) cross-jurisdictional issues have been considered.

Although the municipal comprehensive review has been started, no review has been completed by the City of Toronto to demonstrate that any of these criteria have been addressed.

Five Year Review and the Municipal Comprehensive Review The City is conducting a municipal comprehensive review as part of its five year review of the Official Plan that was approved in 2006 by the Ontario Municipal Board. As part of this review the City has been evaluating all lands designated for employment across the city to determine whether certain parcels will no longer be required to satisfy the City’s long term employment needs.

The Planning and Growth Management Committee will consider a report from the Chief Planner and Executive Director at its meeting on November 8, 2012, which outlines proposed city-wide Employment Areas policies. As an attachment to that report, Planning staff are including a preliminary direction for site specific conversion requests from employment to non-employment uses.

With respect to 158 Sterling Road, the proposed policy direction for public consultation and stakeholder input is to retain the subject property for employment uses for the majority of the site, with exception of Blocks 1B and Block 2 which are shown as Mixed-Use Areas. It should be noted that until the public and interested stakeholders have been provided with the opportunity to comment on the proposed policy direction for 158 Sterling Road, the other conversion requests, the proposed land use policies and designations for the City's employment areas, the Five Year and Municipal Comprehensive Reviews cannot be deemed complete. As such granting the request to


convert the subject lands to permit the proposed development, which includes residential uses would be premature.

Land Use This site is located within a large Employment Area located between two rail corridors, north of Dundas Street West to Sterling Road. Given its location between two rail corridors, access to the site is limited, with access only from Bloor Street West via Perth Avenue or from Dundas Street West. The area is populated by a variety of businesses including:

A chocolate products factory

A flag factory

Design Studios (architects, landscape designers, graphic designers)

Furniture Makers

Clothing Designers

A gymnastics school and a circus school

Photography studios

Artist work studios

A list of the businesses found in the immediate area can be found as Attachment 3.

City Council adopted a report from the Chief Planner and Executive Director at its October 2, 2012 meeting which detailed the results of a study that was prepared for the City by Malone Given Parsons Ltd. in association with Cushman & Wakefield, Real Estate Search Corporation and the Centre for Spatial Economics. The link to this report can be found in the Decision History section of this report.

The consultant report found that it is essential for the City to maintain the existing land base for industrial employment. To quote from the consultant's report: "Sustaining Toronto's competitive advantage and prosperity will require continued preservation of the industrial land base for its wealth generation capacity." It also recognizes that land price competition from residential development is a significant barrier toward the development of the City's employment base. In addition the Report provides the recommendation that the City "continue to preclude residential and other sensitive uses from locating in Employment Areas."

Although industrial employment (manufacturing, warehousing, construction, wholesaling, utilities and the like) may only grow modestly, industrial uses will continue to consume large amounts of land and require additional land in the future. These uses will largely be restricted to their existing locations and locations in the Employment Areas, since they are often incompatible with other uses. It is important to protect the existing land base for these uses. They need to be separated from these 'sensitive' uses (such as residential), and from competition for their sites from uses that may be able to afford to pay more for them.


Simply put, although many non-residential uses can be housed in mixed-use buildings successfully, there are some non-residential uses that cannot be placed in mixed-use buildings and we need places for these uses to reside.

This site in particular, given its location within a larger Employment Area, and the large number of existing and unique businesses within in the area, has many of the characteristics of a site that should be retained for employment uses that cannot be mixed with other uses, such as residential. This determination will be made through the Municipal Comprehensive Review.

Economic Impact Many of the factors that attracted industry to this area a century ago remain in place today. That being the existing employment base, transportation infrastructure, proximity and access to markets and suppliers, larger parcels of available and affordable land and buildings for existing and new businesses.

The site provides a large parcel of remediated, flat accessible land and is suitable for redevelopment for employment uses. With its transportation infrastructure and access to a large base of potential employees, it is part of a larger Employment Area with an existing and vibrant and commercial and industrial presence. The area has excellent potential to see new development in the following areas: food processing industry, new smaller scale manufacturing, office and continued expansion of firms in the creative industries.

Increase in land values

One of the concerns about introducing residential uses into lands designated as Employment Areas is the impact on land value. Lands designated for residential purposes generally have a higher value than lands designated for employment uses. The return on investment can occur more quickly and the land can be developed more intensely. Approving this conversion may create a gap between the value of that site and other nearby employment lands. That difference may create a "conversion expectation" that could increase land values on adjacent and nearby properties over time thereby making them untenable for employment uses.

This was also addressed in the 2007 Hemson Consulting Ltd Long Term Employment Land Strategy- City of Toronto Report. The Report states that "when property speculation, rather than long-term investment, becomes the primary motivation of landowners the [employment] area becomes destabilized."

We have recently seen other non-residential uses such as design studios (architects, landscape designers, graphic designers), commercial schools, photography studios, furniture workshops and artist workshop spaces move into the area. Many new businesses have recently moved into the Sterling Road area likely attracted by the lower land values (and therefore the lower rent), the types of spaces available and the close proximity to transit and the central city. If residential use is permitted on the subject site, the surrounding properties may also ask for similar permissions, the land value may increase and these new, price sensitive, businesses in the area may be faced with raising rents. This has the potential to disrupt the ecosystem of this Employment Area.


This "conversion expectation" is already happening. Since the subject application was submitted, the City received a letter from the owners of the property at 128 Sterling Road (the property immediately to the south of 158 Sterling Road) asking that their property be considered for redesignation to permit residential uses within the context of the Five Year and the Municipal Comprehensive Reviews.

A firm response to this conversion request may diminish this "conversion expectation" and any resulting impact on land values.

Impact on Existing Non-residential Uses To the south of the subject site is Nestles Canada Inc., a candy and confectionary manufacturer and a major City of Toronto employer. Nestles employs approximately 550 people running three shifts -24 hours a day, seven days a week. The positive impact of Nestles on the local economy is significant and includes contracts with local suppliers and businesses ($11 million in 2010). They have also made substantial capital investments at the 72 Sterling Road plant including investments of $10 million in 2010 and $9.5 million in 2011. It should be noted that Nestles Canada also has a head office located at Yonge Street and Sheppard Avenue which has just under 600 employees. Nestles Canada has submitted letters and studies in response to the application and has appeared at the Planning and Growth Management Committee to depute on the proposal.

Nearby there are additional manufacturing and commercial uses including Colt Paper (packaging manufacturer) and Flying Colours International - Scythes Inc (a manufacturer of flags and banners). These companies, including Nestles Canada, have Environmental Compliance Approvals (Permits) from the Ministry of the Environment. Environmental Compliance Approvals (Permits) ensure that companies follow all environmental laws. Any facility that releases emissions to the atmosphere, discharges contaminants to ground or surface water, provides potable water supplies, or stores, transports or disposes of waste, must have a Environmental Compliance Approvals (Permit) before it can operate lawfully. The proposed residential development may create the potential for land use conflicts and new non-compliance with Ministry of the Environment (MoE) regulations which may burden existing businesses to renovate their facilities, adapt their business practices or relocate.

As discussed above a number of firms have recently moved into the immediate area attracted by the low rent and types of spaces available. These types of small, incubator businesses are an important component of the City's economic growth.

The impact of the proposed residential uses on all of the existing non-residential uses in the area must be seriously considered or the City risks losing these businesses. Staff are concerned that permitting residential uses at 158 Sterling Road will lead to the relocation of existing businesses from the area.


Zoning By-law Amendment Application In conjuction with the Official Plan Amendment application the applicant submitted a Zoning By-law Amendment application which proposes changing the zoning on the site to be consistent with the uses proposed in the Official Plan Amendment. Although a portion of the site would remain zoned industrial (Block 5), the rest of the site is proposed to be zoned Commercial Residential (CR).

Staff are recommending refusal of the Official Plan Amendment application for the reasons discussed above, and it therefore follows that staff are recommending refusal of the zoning application as well, due to the impact that introducing residential uses on this site would have on the stability, growth and viability of the overall employment area, as well as the specific businesses currently operating in the neighbourhood.

Heritage The former Northern Aluminum Company Building at 158 Sterling Road is designated under Part IV of the Ontario Heritage Act (By-law 969-2005), adopted by City Council on September 4 and 7, 1984, with a designation by-law enacted by Council on Nov. 24, 2005. The current planning application contemplates the adaptive re-use of the 1920 industrial building for primarily residential purposes, including a variety of exterior changes, concrete restoration and a roof-top addition.

Heritage staff have been reviewing the proposal, including Heritage Impact Statements prepared by ERA Architects Inc. within the context of the overall plans for the site. As these alterations are being proposed to accommodate liveable spaces for residential units, it is premature to determine their necessity in light of the current OPA and ZBA recommended refusal. Should the applicant obtain approval from City Council or the Ontario Municipal Board for the proposed Official Plan and/or Zoning amendments, the applicant will be required to submit an application to alter a designated heritage property and obtain City Council approval pursuant to Section 33 of the Ontario Heritage Act.

Conclusion Staff recommend that the Official Plan Amendment and Zoning By-law Amendment applications for this site be refused as they are contrary to both the Planning Act and the Places to Grow Act 2005. In addition, the applications do not conform to the Growth Plan and they are not consistent with the Provincial Policy Statement. Approval of the applications, without first completing a municipal comprehensive review, would be contrary to these documents.


The refusal of these applications will maintain the integrity of the larger employment area within which this site is located, as well as to ensure that the existing industrial uses in the area can continue to function and expand while creating great economic benefit to the entire City.

CONTACT Sarah Phipps, Senior Planner Tel. No. (416) 392-7622 Fax No. (416) 392-1330 E-mail: [email protected]

SIGNATURE

_______________________________

Jennifer Keesmaat, MES, MCIP, RPP Chief Planner and Executive Director, City Planning Division

ATTACHMENTS Attachment 1: Site Plan Attachment 2: Statistics Attachment 3: List of Business at 72, 128, 163 and 213 Sterling Road Attachment 4: Official Plan Attachment 5: Zoning Attachment 6: Application Data Sheet


Attachment 1: Site Plan

* Note – the size, configuration and exact location of the park (Block 6) is still to be determined


Attachment 2: Statistics (Applicant Proposal)

Block Commercial GFA (metres) Residential GFA (metres)

1 0 4,398

2 553 3,429

3 16,954 31,186

4 3,364 17,340

5 40,882 0

6 n/a n/a

Total 61,753 56,353

Total # of units 683

Total # of parking spaces

1,692


Attachment 3: List of Business at 72, 128, 163 and 213 Sterling Road

Address Business Name Business Type

213 Sterling Rd. Just for Fun Sport Club Recreational Sporting Activities

Julien Armand Furniture Showroom

Philip Beasely Architect Architect

Cirque-ability Circus School

Tina Morgan Designs Upholstery

Dupont Woodworking Group Cabinet Makers

Box Design and Build Landscape Design

Diane McGrath Studios Art classes/lessons

Studio Blu Photography

R. Goshgarian Photography

Lumir Hladik Artist

2E Sound and Design Custom Recording Studio Furniture

Spyder Digital Research Inc. Hardware design

Kalmansur Woodwork/Artist

163 Sterling Rd. Ola Daycare Daycare

Barnyard Records Music Producers

Affordable Signs Sign production

Muttonhead Clothing design

Arc & Co. Design collective Graphic Design and Marketing

Georrgia Camez Photography Photography

blackLab Architects inc. Architects

On Media Marketing Firm

Zorn Pink Music Production

Julian Villasenor Furniture Maker

Dock Wand Boat Gear

KBChi Health & Fitness Consulting

Health & fitness consulting

Modrobes Inc. Clothing Design

Siren Rock Studios Sound Studio


Address Business Name Business Type

72 Sterling Road Nestles Canada Chocolate Factory

128 Sterling Road Scythes Canada Flag Factory

T-dot Tumbers Gymnastics School

CQB Tactical Paintball Paintball


Attachment 4: Official Plan


Attachment 5: Zoning


Attachment 6: Application Data Sheet

Application Type Official Plan Amendment & Rezoning

Application Number: 11 228729 STE 18 OZ

Details OPA & Rezoning, Standard Application Date: June 28, 2011 Municipal Address: 158, 164, 181, 200 STERLING RD Location Description: PLAN M44 LOTS 45 TO 53 PLAN 1261 BLK F PLAN 1260 PT BLK E PT

LOTS 22, 24, 25 & 44 **GRID S1804 Project Description: OPA and Rezoning application for mixed use lot. OPA (site specific) application

for entire site to create new mixed use development with mix of employment and residentail uses. Multiple blocks associated with site. Rezoning application for - Block 1B (extend MCR Zoning from Block 1A) and Block 3 (existing Heritage tower automotive building) Refer to draft amendments included in application.

Applicant: Agent: Architect: Owner:

Urban Strategies Page + Steele Castlepoint Studio Partners Limited

Planning Controls Official Plan Designation:

Employment Areas, Mixed Use and Neighbourhoods

Site Specific Provision: N

Zoning: I3 D3, CR T2.0 C2.0 R2.0 and R2 Z0.6

Historical Status: Designated Building on site

Height Limit (m): 23, 12 and 10 Site Plan Control Area: Y

Project Information Site Area (sq. m): 31,459 Height: Storeys: Up to 17 Frontage (m): 0 Metres: Up to 61 Depth (m): 0 Total Ground Floor Area (sq. m): 17,410 Total Total Residential GFA (sq. m): 56,353 Parking Spaces: 1,692 Total Non-Residential GFA (sq. m): 61,753 Loading Docks 3 Total GFA (sq. m): 118,106 Lot Coverage Ratio (%): Floor Space Index: 3.9

Dwelling Units Floor Area Breakdown (upon project completion) Tenure Type: Condo, Freehold, Live/Work Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): 56,353 0 Bachelor: 0 Retail GFA (sq. m): 61,753 0 1 Bedroom: 0 Office GFA (sq. m): 0 0 2 Bedroom: 0 Industrial GFA (sq. m): 0 0 3 + Bedroom: 0 Institutional/Other GFA (sq. m): 0 0 Total Units: 717

Staff Report with Confidential Attachment on 158, 164, 181 and 200 Sterling Road 1

STAFF REPORT ACTION REQUIRED with Confidential Attachment

158, 164, 181 and 200 Sterling Road – Official Plan Amendment and Zoning By-law Amendment – Result of OMB Mediation

Date: April 28, 2014

To: City Council

From: City Solicitor

Wards: Ward 18 - Davenport

Reason for

Confidential

Information:

This report is about litigation that affects the City and contains advice or

communications that are subject to solicitor-client privilege.

Reference

Number:

SUMMARY

The owner of the lands at 158, 164, 181 and 200 Sterling Road have appealed City

Council's refusal to approve official plan and zoning by-law amendments to permit a

mixed-use redevelopment of the subject lands. These appeals have been the subject of a

lengthy mediation between the parties, including nearby land owners, at the Ontario

Municipal Board (OMB).

Most of the subject lands are currently designated for employment uses in the City's

Official Plan and therefore the owner also made a request to the City to convert these

lands to non-employment uses pursuant to the City's Municipal Comprehensive Review.

At its meeting of December 16, 2013 City Council adopted, with amendments, the

recommendations of the Chief Planner pertaining to over one hundred conversion

requests made by landowners under the Municipal Comprehensive Review. But, upon

the recommendations contained in a December 12, 2013 report from the City Solicitor,

Council did not make a decision regarding the request to convert the lands at 158, 164,

181 and 200 Sterling.


The OMB mediation is now complete. A further hearing has been set for May 27, 2014

and the City Solicitor requires further instructions.

RECOMMENDATIONS

The City Solicitor recommends that:

1. Council authorize the public release of the confidential information and

recommendations in Attachment 1, if adopted.


DECISION HISTORY At its meeting of November 27, 2012, City Council adopted a report from the Chief

Planner and Executive Director, recommending refusal of the Official Plan Amendment

and Zoning By-law Amendments regarding this property. A copy of Council's decision

can be found at


At its meeting on December 16, 2013, City Council adopted, with amendments, a report

from the Chief Planner and Executive Director, City Planning Division on the Official

Plan Review and Municipal Comprehensive Review and a confidential report from the

City Solicitor containing recommendations regarding this property.

In addition, City Council adopted a confidential motion providing additional instructions

to the City Solicitor regarding the outstanding OMB appeals and on-going mediation.

The public portion of City Council's decision can be found at





COMMENTS The results of the mediation and recommendations flowing from the proceedings are

further discussed in the confidential attachment to this report.

CONTACT Kelly Matsumoto, Solicitor, Tel. No.: 416-392-8042; Fax No.: 416-397-5624

E-mail: [email protected]

SIGNATURE

_______________________________

Anna Kinastowski, City Solicitor

ATTACHMENTS Attachment No. 1: Confidential Information

mailto:[email protected]

Confidential attachment on 158, 164, 181 and 200 Sterling Road 1

Attachment 1 – Confidential Information

158, 164, 181 and 200 Sterling Road – Official Plan Amendment and Zoning By-law Amendment – Result of OMB Mediation

Date: April 28, 2014

To: City Council

From: City Solicitor

CONFIDENTIAL RECOMMENDATIONS

The City Solicitor recommends that:

1. City Council permit the conversion of a portion of the lands known as 158, 164,

181 and 200 Sterling Road from Employment Areas to Mixed Use Area and

Neighbourhood Area.

2. City Council instruct the City Solicitor to

a. Request that the Minister of Municipal Affairs and Housing modify OPA

231 to permit the conversion of a portion of the lands known as 158, 164,

181 and 200 Sterling Road from Employment Areas to Mixed Use Area

and Neighbourhood Area and for the remaining portions to be designated

General Employment Area; and/or

b. Request that the Ontario Municipal Board amend OPA 231 to permit the

conversion of a portion of the lands known as 158, 164, 181 and 200

Sterling Road from Employment Areas to Mixed Use Area and

Neighbourhood Area and for the remaining portions to be designated

General Employment Area.

CONFIDENTIAL INFORMATION

At its meeting of December 16, 2013, City Council took two steps regarding the subject

lands. Firstly, Council provided confidential instructions to the City Solicitor regarding

the outstanding appeals before the OMB.

Secondly, City Council delayed a decision on the conversion request for the subject lands

and the recommendations of the Chief Planner pursuant to the Municipal Comprehensive

Review in this regard. This effectively removed the subject lands from the mapping and

employment land designations in OPA 231 which is now before the Minister of


Municipal Affairs and Housing for approval. It is important that, if OPA 231 is approved

by the Minister and/or ultimately the Ontario Municipal Board, a portion of the lands at

158, 164, 181 and 200 Sterling Road are included in the amendment and designated

General Employment Area.

It is also vital that City Council endorse the proposed conversion of a portion of these

lands to non-employment uses. Doing so is necessary not only in order to allow the

settlement reached through mediation, but also because it will meet the requirements of

the Growth Plan for the purpose of permitting the conversion.

Results of OMB Mediation

Over the course of approximately six months, the City, the owner of the lands, residents

of the area and representatives from Nestle Canada Inc., which operates the largest

existing employment use in the area, have engaged in intensive mediation at the OMB.

The mediation has resulted in a draft official plan amendment and draft zoning by-law

agreed upon by all parties to the OMB appeal. A copy of each draft document is attached

as Schedules 2 and 3.

The draft official plan amendment would allow for a portion of the lands at the north end

of the subject site to be redesignated from Employment Areas to both Neighbourhoods

and Mixed Use Areas. However, a large portion of land that is directly adjacent to

existing industrial users would remain designated exclusively for employment and open

space uses. This will help mitigate any potential land use conflicts and ensure that

existing employment uses will not be negatively impacted by the proposed

redevelopment.

A phasing plan has been established to ensure an appropriate amount of employment uses

are built prior to, and concurrent with, residential uses. As well, the phasing requires

conveyance of public open space, new public roads and section 37 benefits early in the

construction process. Restoration of the heritage designated Northern Aluminum

Company Building at 158 Sterling Road for employment uses is also required as part of

Phase 1 of the development.

The draft zoning by-law contains both maximum residential densities and minimum non-

residential densities to ensure an appropriate balance of uses and the provision of a long-

term permanent area of employment to act as a transition/buffer area between the

proposed mixed-use area at the north end of the site and the existing employment area

south of the site. Minimum and maximum heights are also established to assist in this

regard.

In addition, the draft zoning by-law contains the use of a holding symbol on certain

development blocks that can only be lifted upon the satisfactory submission of additional

technical studies and once site plan control has been granted for each applicable phase of

development.


Conversion of the Subject Lands

Under the Growth Plan, municipalities may only permit the conversion of lands within

employment areas to non-employment uses through a Municipal Comprehensive Review

where it has been demonstrated that certain criteria have been met. Based on the criteria

in the Growth Plan, the Provincial Policy Statement, the City's Official Plan policies, and

the revised development proposal for the site, it is recommended that a portion of the

lands at 158, 164, 181 and 200 Sterling Road be converted in accordance with the

attached draft official plan and zoning by-law amendments. The remainder of the subject

lands should be retained as employment lands and OPA 231 needs to be modified or

amended to designate them as General Employment Area.

Permitting the conversion of a portion of the subject site from employment lands to

mixed use will not in and of itself negatively affect the City's ability to meet the forecasts

set out in the Growth Plan. A substantial portion of the property, including a restored

heritage building, will be retained and developed for employment uses. In fact, through

the use of a phasing plan, minimum required non-residential densities and other

restrictions, the proposed settlement provides a greater likelihood that new employment

uses will actually be constructed on the site.

Given the creation of a substantial area to be conveyed to the City for park and/or public

open space, and the required construction of non-residential buildings that will serve as a

buffer between the proposed mixed use buildings and the area of employment, any

potential land use conflicts have been mitigated to ensure that existing employment uses

will not be negatively impacted by the proposed redevelopment.

City Planning staff have been consulted and involved in both the OMB mediation and the

analysis provided in this report. In addition, the other parties to the hearing, including

Nestle Canada Inc., have been part of the OMB mediation, and are supportive of this

settlement.


Schedule 1

DRAFT OFFICIAL PLAN AMENDMENT

Authority: Ontario Municipal Board Order issued ________________ in Board File

No. PL130380

CITY OF TORONTO

BY-LAW No. ~2014 (OMB)

To adopt Amendment No. ~ of the Official Plan for the City of Toronto with respect

to the lands municipally known in the year 2013 as 158, 164, 181, and 200 Sterling

Road.

Whereas authority is given to the Ontario Municipal Board under the Planning Act,

R.S.O. 1990, c.P 13, as amended, upon hearing the appeal of the owner of the lands, to

approve this By-law;

Therefore the Official Plan of the City of Toronto, as amended, is further amended by the

Ontario Municipal Board as follows:

1. The attached Amendment No. ~ to the Official Plan of the City of Toronto is

hereby adopted pursuant to the Planning Act, as amended.

PURSUANT TO ORDER/DECISION OF THE ONTARIO MUNICIPAL BOARD

ISSUED ON****** 2014 UNDER BOARD FILE NO. PL130380.


DRAFT AMENDMENT NO. ~ TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN 2013 AS 158, 181, 200 Sterling Road

1. Land Use Map 18 is amended as follows:

a. Redesignating the lands as shown on Map 2.

2. Chapter 7, Map 29, Site and Area Specific Policies is revised to add the lands

known municipally in 2013 as 158, 164, 181 and 200 Sterling Road shown as Site

and Area Specific Policy No. ____.

3. Chapter 7 Site and Area Specific Policies is amended by adding Site and Area

Specific Policy No. ___ for the lands known municipally in 2013 as 158, 164, 181

and 200 Sterling Road as follows:

No. ~ 158, 164, 181, and 200 Sterling Road Regeneration Project

Context:

The property is located in one of Toronto’s older neighbourhoods and has

historically housed a mix of employment and residential uses. New development

should contain a mix of employment and residential opportunities and provide

an appropriate contextual relationship with the surrounding area, and should not

negatively impact existing employment uses in the area.

a) New development of the site, shown on Map 1, will be planned

comprehensively and will:

i. provide a variety of uses, including a significant amount of employment

uses, low-rise residential units and taller mixed-use buildings containing

commercial and residential opportunities provided that:

a. the maximum residential GFA on the site does not exceed 50,180

square metres;

b. a minimum non-residential GFA to be constructed on the site shall be

prescribed in the zoning by-law;

c. if the property is designated Mixed Use Areas on Map 2, the building

will provide for a satisfactory living environment compatible with the

employment uses in the adjacent area, or


d. if the property is designated Employment Area on Map 2, the

employment uses are restricted to those compatible with residential in

terms of emissions, odour, noise and generation of traffic.

ii. Include new public parkland on either Block 5C or Block 2, to be determined

at the City's sole discretion;

iii. Provision of appropriate access to the West Toronto Rail Path through the

site;

iv. Include a new publicly accessible open space on Block 3D with a minimum

size of 1,000 square metres;

v. Include new publicly accessible open space on Block 4C, with a minimum

size of 300 square metres; and

vi. Include the realignment of Perth Avenue.

It is intended that the Employment Areas designation as shown on OPA Map 2 and

including Blocks 3A, 4A, 5A and Block 3C as shown on OPA Map 3 shall provide for a

long-term permanent employment area to act as a transition/buffer area between the new

Mixed Use Areas designation to the north and existing employment uses within the

Employment Areas designation to the south. No residential uses, live-work uses, or other

similar character sensitive uses shall be permitted within this designation and such uses

shall further be restricted in the implementing zoning by-law;

b) To ensure the orderly development of the Site, development will be

subject to the following controls to be detailed in the implementing

zoning by-law:

i. a minimum height of 12 metres for Blocks 3A, 4A and 5A shown on Map 3;

ii. minimum densities for Blocks 3A, 4A and 5A shown on Map 3;

iii. use provisions to exclude certain sensitive, or contextually inappropriate uses

from the site;

iv. phasing of development on the site as follows, based on the Blocks shown on

Map 3 and the requirements of the implementing zoning by-law:


a. Phase 1 shall include Block 1 and the restoration and adaptive re-use of

the heritage structure on Block 3C,

b. Phase 2 shall include Blocks 3A, 3B and 4B, the preparation to base

park standards and conveyance to the City of the required public

parkland or other arrangements regarding the required public parkland

conveyance to the satisfaction of the City Solicitor, the required

publicly accessible open spaces, the realignment of Perth Avenue; and

the creation of the private internal street, as shown on Map 3,

c. Phase 3 shall include Block 5A,

d. Phase 4 shall include Block 5B,

e. Blocks 2 and 4A may be developed at any time;

v. use of a holding symbol “(h)” on certain blocks to ensure the development

proceeds in an orderly fashion. Such holding symbol may be removed once

the following have been secured to the satisfaction of the City of Toronto:

a. Updated traffic impact and parking supply studies for the subject

Phase;

b. Confirmation from Metrolinx and/or other applicable operators of the

adjacent rail corridors that separation issues have been appropriately

addressed in the site plan control application for the applicable Phase;

c. Submission of an application for site plan control with building

designs satisfactory to the Chief Planner for the applicable Phase;

d. Submission of a Heritage Impact Statement to the satisfaction of Chief

Planner regarding the adaptive re-use of the heritage building on Block

3C, for its respective Phase; and

e. The conveyance of public parkland as required by the City.

vi. the applicant entering into an agreement pursuant to S37 of the Planning

Act.





Schedule 2

Draft Zoning By-law Amendment

Authority: Ontario Municipal Board Order issued January 15, 2014 in Board File No.

PL130380

CITY OF TORONTO

BY-LAW No. ___ 2014 (OMB)

To amend the General Zoning By-law No. 438-86 of the former City of Toronto

respecting the lands identified on Map 1 including 158, 164, 181, and 200 Sterling

Road.

Whereas the owner of the lands known municipally in the year 2014 as 158, 164, 181,

and 200 Sterling Road appealed a proposed zoning by-law amendment to the Ontario

Municipal Board; and

Whereas authority is given to the Ontario Municipal Board under the Planning Act,

R.S.O. 1990, c. P.13, as amended, upon hearing the appeal of the Owners of the lands, to

pass this By-law;

Therefore By-law No. 438-86, as amended, of the former City of Toronto, is further

amended by the Ontario Municipal Board as follows:

1. Pursuant to Section 37 of the Planning Act, the heights and density of

development permitted by this By-law are permitted subject to compliance with

the conditions set out in this By-law and in return for the provision by the owner

of the site of the facilities, services and matters set out in Appendix 1 of this By-

law, the provisions of which shall be secured by an agreement or agreements

pursuant to Section 37(3) of the Planning Act.

2. Upon execution and registration of an agreement or agreements with the owner of

the site pursuant to Section 37 of the Planning Act, securing the provision of the

facilities, services and matters set out in Appendix 1 of this By-law, the site is

subject to the provisions of this By-law, provided that in the event the said

agreement(s) requires the provision of a facility, service or matter as a

precondition to the issuance of a building permit, the owner may not erect or use

such building until the owner has satisfied the said requirement.

3. Wherever in this By-law a provision is stated to be conditional upon the execution

and registration of an agreement entered into with the City pursuant to Section 37

of the Planning Act, then once such agreement has been executed and registered,

such conditional provisions shall continue to be effective notwithstanding any

subsequent release or discharge of all or any part of such agreement.


4. District Map No. 48H-322 contained in Appendix “A” of By-Law 438-86, being

“A By-law to regulate the use of land and the erection, use, bulk, height, spacing

of land other matters relating to buildings and structure and to prohibit certain

uses of lands and the erection and use of certain buildings and structures in

various areas of the City of Toronto”, as amended, is further amended by rezoning

the lands as shown on Map 2.

5. Except as otherwise provided herein, the provisions of Zoning By-law No. 438-86

shall continue to apply to the site.

PERMISSIVE EXCEPTION

6. Section 12(1) of By-law No. 438-86 is amended by adding the following

exception:

No. X. to prevent the erection of buildings or structures or the use of lands at 158,

164, 181, and 200 Sterling Road, collectively referred to as “the Site” delineated

by heavy lines on Map 1, in accordance with the following provisions:

(1) DENSITY

(a) the total combined non-residential gross floor area shall not exceed 52,420

square metres and the total combined residential gross floor area on the site shall

not exceed 50,180 square metres, of which the permitted gross floor area for each

Block, as illustrated on Map 3, is as follows:

Development

Block

Maximum

residential gross

floor area (square

metres)

Maximum non-

residential gross

floor area (square

metres)

Maximum Total

gross floor area

1 5,230 0 5,230

2 5,750 1,250 5,750

3A 0 7,940 7,940

3B 10,865 1,240 12,105

3C (heritage

building)

0 10,195 10,195

3D (open space) 0 0 0

4A 0 11,020 11,020

4B 14,085 910 14,995

4C (open space) 0 0 0

5A 0 18,315 18,315

5B 14,250 1,550 15,800

5C (park

dedication)

0 0 0

5D (open space) 0 0 0


(b) the minimum non-residential gross floor area on Blocks 3A, 4A and 5A shall

be 2.0 times the area of each Block. For the purposes of calculating the minimum

non-residential gross floor area, above grade parking spaces shall not be included

within the calculation of non-residential gross floor area.

(c) the minimum non-residential gross floor area on Blocks 3B, 4B and 5B shall

be 90 percent of the maximum non-residential gross floor area for each Block.

(2) BUILDING ENVELOPES

(a) No part of any building or structure erected or used above finished ground

level shall be located outside the heavy building envelope lines shown on Map 4;

(b) Except where a heavy line shown on Map 4 is contiguous with the boundary

of an adjacent public right of way, the following elements may project beyond the

heavy building envelope line shown on Map 4, up to the boundary of the public

right of way:

i. eaves, awnings and building cornices;

ii. canopies to a maximum projection of 2.5 metres beyond the heavy

lines on Map 4; and,

iii. light fixtures, ornamental and architectural elements, parapets,

railing and fences, chimney breasts, vents, wheelchair ramps,

retaining walls, planters, trellises, window sills, stairs, stair

landings, covered stairs, solar panels, underground parking garage

ramps, landscape and public art features, and elements of an

outdoor amenity space and green roof.

(3) BUILD-TO LINES

(a) no building may be erected or used on Blocks 3A, 4A or 5A unless:

i. an exterior face of the building is located no more than 3.0 metres inset

from the build-to line shown on Map 5 for a minimum height of 12.0

metres.

(4) HEIGHT and SETBACKS

(a) the height of each portion of a building or structure erected above grade within

the site, in respect of each building envelope area, has a maximum height in

metres as shown following the symbol "H", and a maximum number of storeys as

shown following the symbol “ST” on Map 4 for the corresponding building

envelope area, except for:

i. the structural projections permitted in Section 2(b) of this exception;

ii. parapets are permitted with a maximum height of 1.1 metres above the

height limits shown on Map 4;


iii. guard rails, screens, balustrades, terrace and balcony railing and

dividers are permitted with a maximum height of 1.5 metres above the

height limits shown on Map 4;

iv. structures on the roof of a building, used for outside or open air

recreation, safety or wind protection purposes are permitted with a

maximum height of 2.0 meters above the height limits shown on Map

4 provided such structure does not enclose space so as to constitute a

form of penthouse or other room or rooms, and is located 5.0 metres

from the building face; and

v. the building elements and structures identified in Section 4(2)(a)(i) of

By-law No. 438-86, as amended, shall be permitted on to a height of

6.0 metres plus the height limit applicable to the Block provided that:

1. the aggregate horizontal area of such elements, including

the area contained within an enclosure, measured at a point

above the level of the height limit, does not exceed 30

percent of the area of the roof of the building; and

2. no part of the structure or the enclosure is located closer

than 3.0 metres from an adjacent outdoor wall, or a vertical

projection of the wall.

(5) PERMITTED USE

(a) the following uses shall be permitted within a CR district on Block 1 as shown

on Map 2:

i. row houses.

(b) the following uses shall be permitted within an R4A district on Block 2 as

shown on Map 2:

i. those uses permitted within an R4A district in section 6(1)(f), with

the exception of:

1. keeping of roomers or boarders; converted dwelling and

rooming houses; rooming houses;

ii. those uses permitted within a CR district in section 8(1)(f)(b)(iv)

provided they are limited to the ground floor with entrances

permitted only from the south side of the Block; with the exception

of:

1. automotive service and repair shop; brew-on-premises

establishment; commercial bath; concert hall; courier

services; dry-cleaner’s distributing station; dry-cleaning


shop; laundry shop; pawnbroker’s shop; newspaper plant;

undertaker’s establishment;

(c) the following uses shall be permitted within a CR district on Blocks 3B, 4B

and 5B as shown on Map 2:

i. those uses permitted within a CR district in section 8(1)(f)(a) and (b),

except for an automobile service and repair shop, automobile service

station, car washing establishment, motor vehicle repair shop Class A,

or commercial parking lot.

(d) the following uses shall be permitted within an IC district on Blocks 3A,3C,4A

and 5A as shown on Map 2:

i. those uses permitted within an IC district in section 9(1)(f)(b), except

for:

1. commercial and municipal baths; place of assembly; place

of amusement; arena, stadium, race track;

2. community centre; place of worship;

3. a retail store, unless it is ancillary to another permitted use

or uses and does not exceed 10% of the gross floor area of

the Block.

4. artist live/work studio;

5. automobile service and repair shop, automobile service

station, car washing establishment, motor vehicle repair

shop Class A, or commercial parking lot;

6. Storage Warehouse Class A

7. drive-through facility.

ii. Arts related exhibition spaces and galleries.

iii. those manufacturing and related uses permitted within an I2 district in

section 9(1)(f)(b)(xiii) of former City of Toronto By-law No. 438-86.

(e) any instance of a restaurant that may be permitted in (5)(a), (b), (c) or (d),

above, must not exceed 200 square metres.

(f) where zoning for a Block is followed by an “(h)” holding symbol the

following uses will be permitted prior to the removal of the “(h)” and shall not

be subject to the requirements of the “(h)”:


1. commercial parking lot, provided that such a lot is a

temporary use not extending more than 5 years from the

date of site plan approval for such use;

2. open air market;

3. market gardening; and

4. publicly accessible open space.

(6) VEHICULAR PARKING (a) parking spaces shall be provided in accordance with Special Policy Area 3:

(i) at a minimum rate of:

(a) 0.6 for each bachelor dwelling unit up to 45 square metres and 1.0 for each bachelor dwelling unit greater than 45 square metres; (b) 0.7 for each one bedroom dwelling unit; (c) 0.9 for each two bedroom dwelling unit; and (d) 1.0 for each three or more bedroom dwelling unit; and

(ii) at a maximum rate of:

(a) 0.9 for each bachelor dwelling unit up to 45 square metres and 1.3 for each bachelor dwelling unit greater than 45 square metres; (c) 1.0 for each one bedroom dwelling unit; (d) 1.3 for each two bedroom dwelling unit; and (e) 1.5 for each three or more bedroom dwelling unit.

(iii) parking space for visitors must be provided at a minimum rate of 0.1 for each dwelling unit

(iv) parking spaces for mixed use buildings are to be provided at the same rate as a dwelling unit in an apartment building (tenant requirement).

(v) parking spaces must be provided at a minimum rate of 1.0 for each Townhouse unit.

(vi) parking spaces for Office (excluding Medical office) a minimum rate of 1.0 for each 100 square metres of gross floor area; and a maximum rate of 2.0 for each 100 square metres of gross floor area.

(b) notwithstanding the number of parking spaces required by (6)(a) above, the

minimum requirement for office uses shall be 1.5 spaces per 100 square

metres of office space.

(c) notwithstanding the number of parking spaces required by (6)(a) above, the

minimum resident parking requirement may be reduced by 4.0 parking spaces

for each car share parking space provided on the lot to a maximum determined


by the following formula: 4 x (Total number of units / 60), rounded down to

the nearest whole number.

(d) parking for Blocks 4A, 3C, 3A and 5A, may be provided on Blocks 4A, 4C,

3D, 3C, 3A and 5A, provided that any parking on Block 4C and 3B is solely

located below grade.

(e) the required residential visitor parking spaces for any Block in the CR zone

will be dedicated for use by visitors, and will be provided at no cost to the

visitor.

(f) A minimum of 2.0 parking spaces shall be provided in Block 3B for the

exclusive use of the day nursery.

(7) LOADING

Will be provided as per former City of Toronto By-law 438-86.

(8) AMENITY SPACE

Will be provided as per former City of Toronto By-law 438-86 and may not be

located below grade.

(9) BIKE PARKING

Will be provided as per former City of Toronto By-law 438-86, except that:

(a) Required bicycle parking may be located on an adjacent Block within the

same zone,

(b) Required bicycle parking may be located on either of the adjacent publicly

accessible open space Blocks 3D and 4C, provided that such spaces do not

exceed 10% of area of such Blocks;

(c) Required bicycle parking may be located either on P1 or Ground levels or at

grade;

(10) UNIT BREAKDOWN

(a) 30% of all residential dwelling units across the Site will contain at least 2 or

more bedrooms; and

(b) A minimum of 10% of all residential units across the Site will contain at least

3 or more bedrooms.

(11) PHASING

(a) the lands shall be developed in accordance with the following phasing plan:

i. Phase 1 shall include Block 1 and the restoration and adaptive re-use

of the heritage structure on Block 3C.

ii. Phase 2 shall include Blocks 3A, 3B and 4B, the preparation to base

park standards and conveyance to the City of the required public


parkland or other arrangements regarding the required parkland

conveyance to the satisfaction of the City Solicitor, the required

publicly accessible open spaces, the realignment of Perth Avenue and

the creation of the private internal street, as shown on Map 3.

iii. Phase 3 shall include Block 5A.

iv. Phase 4 shall include Block 5B.

v. Blocks 2 and 4A may be developed at any time subject to the removal

of the (h).

(12) HOLDING SYMBOL “(h)”

(a) lands identified as Blocks 1, 2, 3A, 3B, 3C, 3D, 4B, 4C, 5C and zoned with

the "(h)" symbol shall not be used for any purpose other than as provided for in

section (5) above until the "(h)" symbol has been removed. An amending by-law

to remove the "(h)" symbol in whole or in part shall be enacted when the

implementation of the following conditions have been secured:

i. confirmation from Metrolinx and/or other applicable operators of the

adjacent rail corridors that separation and mitigation issues have been

appropriately addressed in the site plan control application for the

applicable Phase to the satisfaction of the Chief Planner; and

ii. submission of an application for site plan control with building designs

satisfactory to the Chief Planner for the applicable Phase.

iii. submission of a Heritage Impact Statement to the satisfaction of Chief

Planner regarding the adaptive re-use of the heritage building on Block

3C.

iv. conveyance of the public park to the satisfaction of the City Solicitor.

(b) lands identified as Blocks 4A, 5A, 5B and zoned with the "(h)" symbol shall

not be used for any purpose other than as provided for in section (5) above

until the "(h)" symbol has been removed. An amending by-law to remove the

"(h)" symbol in whole or in part shall be enacted when the implementation of

the following conditions have been secured:

i. the submission of a Traffic Impact and Parking Supply Study

satisfactory to the Executive Director of Engineering and Construction

Services, , for the applicable Phase;

ii. confirmation from Metrolinx and/or other applicable operators of the

adjacent rail corridors that separation and mitigation issues have been


appropriately addressed in the site plan control application for the

applicable Phase to the satisfaction of the Chief Planner; and

iii. submission of an application for site plan control with building designs

satisfactory to the Chief Planner for the applicable Phase.

(c) In addition to the foregoing, lands identified as Block 2 on Map 3 shall not be

used for any purpose other than open space until the City has accepted the

conveyance of Block 5C as public parkland.

(13) DEFINITIONS

(a) For the purposes of this exception, the following expressions shall have the

following meaning:

i. “Block” means any one of the Blocks as defined;

ii. “Blocks” means any or all of the Blocks defined in Section 13(a)(iii)

below, as the case may be;

iii. “Block 1”, “Block 2”, “Block 3A”, “Block 3B”, “Block 3C”,“Block

3D”, “Block 4A”, “Block 4B”, “Block 4C”, “Block 5A”, “Block 5B” ,

“Block 5C” and “Block 5D” means those lands respectively delineated

and identified as Block 1, Block 2, Block 3A, Block 3B, Block 3C,

Block 3D, Block 4A, Block 4B, Block 4C, Block 5A, Block 5B, Block

5C and Block 5D on Map 3 attached to and forming part of this by-

law;

iv. "building envelope" means a building envelope for each height area

within the site as shown by an "H", and as delineated by the lines on

Map 4 attached hereto;

v. "By-law No. 438-86" means By-law No. 438-86, as amended, of the

former City of Toronto being, "A By-law to regulate the use of land

and the erection, use, bulk, height, spacing and other matters relating

to buildings and structures and to prohibit certain uses of lands and the

erection and use of certain buildings and structures in various areas of

the City of Toronto";

vi. “grade” shall mean 111.9 m above sea level;

vii. "height" means the vertical distance between grade and;

a. in the case of a pitched roof building, the mean height level

between the eaves and the ridge of the roof; and

b. in the case of another kind of roof, the highest point of the roof;

viii. “phase” means one or more of the Blocks or other elements of the site


to be developed in an order as set out in section (8) of this by-law.

ix. "Site" means those lands outlined by heavy lines on Map 1 attached

hereto; and

x. each other word or expression, which is italicized in this by-law, shall

have the same meaning as each such word or expression as defined in

By-law No. 438-86, as amended.

APPENDIX 1

SECTION 37 PROVISIONS

The facilities, services and matters set out herein are the facilities, services and matters

required to be provided by the owner to the City in accordance with an agreement or

agreements pursuant to Section 37(1) of the Planning Act:

1. A 36-space day nursery to be built as part of Block 3B or a $1.2 cash contribution

towards the provision of a day nursery on the site or in the vicinity of the site,

which is to be determined at the discretion of the Chief Planner in consultation

with the ward councilor; and

2. Prior to the issuance of any above grade building permit for Phase 2:

a. $1.7 million in land and or cash or a combination thereof for the provision

of affordable housing on-site or in the immediate vicinity of the site,

which is to be determined at the discretion of the Chief Planner in

consultation with the ward councillor in accordance with the terms of the

Section 37 agreement; and

b. $800,000 for park improvements, on-site affordable housing, and/or a day

nursery.

3. All of the above amounts shall be indexed upwardly annually in accordance with

the Construction Price Statistics, calculated from the date of the Section 37

Agreement until the date of the delivery of the payment.


Lower JCT: Museum FLTS Joins A Changing NeighbourhoodJuly 15, 2016 4:35 pm | by Stefan Novakovic | 7 Comments (/news/2016/07/lower‐jct‐museum‐flts‐joins‐changing‐

neighbourhood#disqus_thread)

Looming over the railroad tracks, the Tower Automotive Building remains an empty husk on Toronto's

Sterling Road. To its south, the street still smells of chocolate, with the Nestle Canada factory churning out

its confectionaries from what remains an industrial site. Walking up Sterling Road, it might be hard to

believe that this area is becoming a locus of artist studios and galleries. But it is. Soon to become the new

home of the Museum of Contemporary Art_Toronto_Canada (MOCA), the Tower Automotive Building will be

at the heart of a community recently branded as the Lower Junction Triangle, a mixed‐use neighbourhood

that's emerging from the vacant brownfields sites that surround the tower.

With real estate prices continuing to rise throughout the city, the overlooked neighbourhood halfway along

Bloor between Dundas West and Lansdowne subway stations, has become a hub for artists and gallerists. In

some places it might still look like the middle of nowhere, but it's already a cultural centre of the city. It's

here that some of Canada's prominent contemporary artists—including painter and filmmaker Kent Monkman

—now house their galleries, attracted by the comparatively area'a low rents and ample, loft‐like industrial

spaces.

(/sites/default/files/imagecache/display‐slideshow/images/articles/2016/07/21850/21850‐75588.jpg)

Museum FLTS. will rise just north of the tower (left), image by Stefan Novakovic

In 2014, however, City Council approved an ambitious mixed‐use redevelopment plan for the area.

Spearheaded by developer Castlepoint Numa (http://urbantoronto.ca/database/projects/west‐twns‐lower‐jct) —in

collaboration with Greybrook Capital (http://urbantoronto.ca/database/profiles/greybrook‐capital) —the redevelopment

they have dubbed 'Lower JCT.' will transform the 8 acres surrounding the landmark Tower Automotive

Building. In the works since 2008, the redevelopment plan will bring 1,000 residents and 2,500 jobs to the

industrial corridor at Sterling Road and Perth Avenue.

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Site plan, including Museum FLTS.(3B) and West TWNS. (1), image courtesy of Castlepoint Numa

Having secured a 40‐year lease at the Tower Automotive Building, MOCA is set to anchor the young

neighbourhood, with the museum opening in 2017. MOCA will occupy five floors of the 10‐storey tower,

which is being reinvented by architectsAlliance (http://urbantoronto.ca/database/profiles/architectsalliance) .

Complemented by numerous galleries as well as small‐scale manufacturers and craftspeople that are coming

to the area, the museum will bring a marquee cultural presence to the community.


West TWNS. are coming to the west side of Perth Ave. (left), image via Google Maps

Meanwhile, the first phases of Castlepoint Numa's residential community have now launched. Along the west

side of Perth Avenue, the TACT (http://urbantoronto.ca/database/profiles/tact‐architecture) ‐designed West TWNS.

(http://urbantoronto.ca/database/projects/west‐twns‐lower‐jct) are joining the row of tightly packed single‐family

homes across the street, filling in an intimate streetwall (above).

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West TWNS., image courtesy of Castepoint Numa

To the south, a 10‐storey condominium called Museum FLTS. (http://urbantoronto.ca/database/projects/museum‐flts‐

lower‐jct) is now launching, with the building set to rise on Sterling Road, directly adjacent to MOCA's new

home. Hosted at the neighbouring Junction Gallery—located in a former industrial building at 213 Sterling

Road—the project's official launch offered full overview of the architectsAlliance

(http://urbantoronto.ca/database/profiles/architectsalliance) ‐designed building. Featuring over 150 residential units,

Museum FLTS. is strongly characterized by a grid of perforated aluminum panels, which enclose part of most

balcony/terrace spaces to create 'outdoor rooms.'


http://urbantoronto.ca/database/projects/museum-flts-lower-jct



Museum FLTS. image courtesy of Castlepoint Numa

Most suites—which are offered in one, two, and three‐bedroom configurations—feature both an outdoor room

and a balcony space. According to Castlepoint President Alfredo Romano, this configuration allows for a

greater variety of uses, with the semi‐enclosed outdoor spaces providing a more private, living room type of

environment. "People keep asking me, what's it gonna look like from there? Well, here, this is what it's

going to look like," Romano tells me, gesturing me towards him as he places a cut‐out of the pattern against

the gallery window.



Alfredo Romano demonstrates the outdoor room, image by Stefan Novakovic

Romano adds that the anodized aluminum panels are meant as both a nod to the area's industrial past (an

aluminum plant once occupied much of the site) and a wink at the tech‐driven present. "The colour is the

same as the aluminum on the gold iPhone." Alongside the subtly playful design, Romano stresses a strong

commitment to the area's livability and mixed‐use vibrancy. While a number of the suites and amenities

appeal to families—one lounge space is also specifically dedicated to adolescents, a demographic rarely

catered to in condominium living—the inclusion of a daycare space alongside the building should help create

a more complete community.


A view of the interior, showing both the outdoor room and balcony, image courtesy of Castlepoint Numa

In addition to the requisite condominiums—which, like Museum FLTS., will feature ample ground‐level retail

space—the neighbourhood is also being planned as an employment hub. The 560,000 ft² of commercial space

will be geared towards independent retailers and small‐scale, boutique manufacturers, joining the industrial

manufacturers which will remain in place to the south. "We've recently secured a craft chocolatier," says



Romano, "which ships out to places all over the world." Buffering the residents from the industry to the

south, three fully commercial structures are planned south of the Tower Automotive Building.


Museum FLTS. will front a POPS space to its west, image courtesy of Castlepoint Numa

A new public park—and a number of POPS spaces—will provide green space to the community, while a new

private road will help to fill out a somewhat more urban street grid. As future phases of the redevelopment

take shape, Romano notes that a diversity of architectural typologies is sought. "Peter Clewes [of aA] is

designing this building," he tells me, "but he won't be designing any others." As in many of today's master‐

planned communities, the idea is to recreate the varied urban texture of an established neighbourhood.

With Lansdowne and Dundas West stations within walking distance—as well the UPX's Bloor stop—the area is

also well‐served by transit, with the College and Dundas streetcars also a short walk to the south. Combined

with the community's growing cultural prominence, the area's development appeal is obvious. The

condominiums and boutique, high‐end retailers will come, and, if the Lower Junction Triangle gets built out

as imagined, it could be a very pleasant place to live.

***

Yet, as young professionals and third wave espresso bars come to inhabit the area, what will happen to the

artists and the galleries? With the neighbourhood's era of low rents and vacant post‐industrial buildings soon

coming to a close, how can the local arts community remain in place? Romano's answer is simple, and

surprisingly convincing. "The one thing that people almost never talk about is the importance of owning the

space," he explains. "Across much of the City, artists and gallerists are driven out by higher rents, but here,

many of them own their spaces. Whenever I talk to gallerists, I encourage them to buy the space," Romano

adds, noting that the area's relative affordability still makes studio ownership feasible. "The fact that MOCA

has signed a long‐term lease is also key. It helps anchor that identity."



Looking up the hollow tower, image by Stefan Novakovic

Like the dilapidated Victorian buildings that nourished 'new ideas' throughout much of the 20th century in

North America, the newer warehouses and factories in neighbourhoods like the Lower Junction have become

incubators of creativity. And, like Toronto's old Victorian houses—many of which are now highly sought after

luxury homes—structures like the Tower Automotive Building are now quickly becoming fetishized in their

own right. For the Lower Junction Triangle, however, the hope is that ownership and long‐term leases will

lend the local arts community some resiliency.

Still, the neighbourhood that emerges will transform the community that exists now. Urban metabolism

ensures neighbourhoods don't stay the same. In the Lower Junction, the empty plots of land will be well

served by new density, which, incidentally, contributes to the new housing supply that can help keep market

prices lower. In this case, the redevelopment plan also seems like a fairly good one, with attention shown to

diverse architectural typologies, public space, the arts community, and—in particular—employment uses, all

while existing factories can continue operating to the south.


The tower is currently surrounded by vacant land, image by Stefan Novakovic



(/database/projects/museum‐flts‐lower‐jct)

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With all this in mind, can the neighbourhood continue to draw in artists? Will it still be such an affordable

place for a new gallery in 10 years, in 20? Probably not. Even now, as MOCA prepares to move into the

Tower Automotive Building, the hollow structure can no longer be a canvas for the graffiti artists that paint

it. "Floor to floor, graffiti writers with names like Hunger, Fathom, Mesok, Rons, Elicser and Adore tried and

tried again, tagging their works with each other’s names and the names of their various crews," the Toronto

Star's Murray Whyte writes (https://www.thestar.com/entertainment/visualarts/2015/10/19/on‐sterling‐rd‐farewell‐to‐a‐

museum‐of‐the‐street.html) .

Redevelopment or not, much of the change is inevitable as the city transforms. After all, the skyrocketing

rent prices on Queen West helped give rise to a new artistic hub in the Lower Junction, just as the 2005

closure of Tower Automotive paved the way for the graffiti culture of the next decade. The arts community

there now is itself a product of change. However, though change can't be prevented, it can be channelled to

create vibrant, diverse, and inclusive new environments that respect their pre‐existing residents. In the

Lower Junction, there's plenty of reason to hope that's exactly what will happen.

***

We will keep you updated as the lower Junction Triangle continues to take shape. In the meantime, more

information about West TWNS. and Museum FLTS. is available via our dataBase files, linked below. Want to

share your thoughts about the developments changing the neighbourhood? Leave a comment in the space

provided on this page, or join in the ongoing conversations in our associated Forum threads.

EDITOR'S NOTE: This article was amended to reflect that MOCA is now leasing five floors of the Tower

Automotive Building, not three.

TAGS:lower jct (/news/tags/lower‐jct) , museum flts (/news/tags/museum‐flts) , west

twns (/news/tags/west‐twns)

Age Of Design (/database/profiles/age‐design) , architectsAlliance

(/database/profiles/architectsalliance) , Castlepoint Numa

(/database/profiles/castlepoint‐numa) , Castlepoint Numa

(/database/profiles/castlepoint‐numa) , Greybrook Capital

(/database/profiles/greybrook‐capital) , Greybrook Capital

(/database/profiles/greybrook‐capital) , TACT Architecture (/database/profiles/tact‐

architecture)

>>> go to dataBase project

( /database /p ro je cts/m u se u m ‐ f l ts‐

lo we r‐ j ct)

Museum FLTS. at Lower JCT.(/database/projects/museum‐flts‐lower‐jct)

2 Perth Ave, Toronto | Castlepoint Numa(http://urbantoronto.ca/database/profiles/castlepoint‐numa) , Greybrook Capital(http://urbantoronto.ca/database/profiles/greybrook‐capital)

Drawing inspiration from the industrial and artistic character of the

neighbourhood, the architecture of the Museum FLTS. speaks of a rich

heritage and timeless design. The new 10‐storey...

FORUMS: Projects & Construction (http://urbantoronto.ca/forum/threads/25370/)

>>> go to dataBase project

( /database /p ro je cts/we st‐ twn s‐

lo we r‐ j ct)

West TWNS. at Lower JCT.(/database/projects/west‐twns‐lower‐jct)

34 Perth Avenue, Toronto | Castlepoint Numa(http://urbantoronto.ca/database/profiles/castlepoint‐numa) , Greybrook Capital(http://urbantoronto.ca/database/profiles/greybrook‐capital)


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