CIC Management Services Inc. v City of Toronto

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

OLT-22-003921

(Formerly PL160692)

ISSUE DATE: July 21, 2022

CASE NO.:

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Appellant:

1066266 Ontario Limited

1282555 Ontario Inc.

Appellant:

1348865 Ontario Inc.

Appellant:

Subject:

1623707 Ontario Limited; and others

Proposed Official Plan Amendment No. 331

City of Toronto

OLT-22-003921

PL160692

OLT-22-003921

PL160692

CIC Management Services Inc. v. Toronto (City)

Municipality:

OLT Case No.:

Legacy Case No.:

OLT File No.:

Legacy File No.:

OLT Case Name:

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

Freed Grand Park Developments Inc.

Request to amend the Official Plan - Failure of the City of

Toronto to adopt the requested amendment

Regeneration Areas

Mixed Use Areas

To permit a phased multi-block mixed use development

Existing Designation:

Proposed Designated:

Purpose:

Property Address/Description: Various Addresses

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

116 168925 WET 06 OZ

OLT-22-003921

Legacy Case No.:

OLT File No.:

PL160692

OLT-22-004073

Legacy File No.:

OLT Case Name:

PL170085

Freed Grand Park Developments Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

Freed Grand Park Developments Inc.

Application to amend Zoning By-law No. 569-2013 and the

Etobicoke Zoning Code

- Refusal or neglect of the City of Toronto to make a

decision

Existing Zoning:

Proposed Zoning:

Purpose:

IC.1, E1.0

Site Specific (To be determined)

To permit a phased multi-block mixed use development

Property Address/Description: Various Addresses

Municipality:

City of Toronto

Municipality File No.:

OLT Case No.:

Legacy File No.:

OLT File No.:

116 168925 WET 06 OZ

OLT-22-003921

PL170086

OLT-22-004074

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

Freed Grand Park Developments Inc.

Request to amend the Official Plan - Failure of the City of

Toronto to adopt the requested amendment

Regeneration Areas

Mixed Use Areas

To permit a phased multi-block mixed use development

Existing Designation:

Proposed Designated:

Purpose:

Property Address/Description: Various Addresses

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

116 168925 WET 06 OZ

OLT-22-003921

Legacy File No.:

OLT File No.:

PL170190

OLT-22-004075

OMB Case Name:

Freed Grand Park Developments Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

Freed Grand Park Developments Inc.

Application to amend Zoning By-law No. 569-2013 and the

Etobicoke Zoning Code

- Refusal or neglect of the City of Toronto to make a

decision

Existing Zoning:

Proposed Zoning:

Purpose:

IC.1, E1.0

Site Specific (To be determined)

To permit a phased multi-block mixed use development

Property Address/Description: Various Addresses

Municipality:

City of Toronto

Municipality File No.:

116 168925 WET 06 OZ

OMB Case No.:

Legacy File No.:

OLT File No.:

OLT-22-003921

PL170191

OLT-22-004076

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

Dunpar Developments Inc.

Request to amend the Official Plan - Failure of the City of

Toronto to adopt the requested amendment

Regeneration Area

Site specific to permit the proposed development

To permit a mixed use development consisting of three

blocks of 4 storey townhouses containing a total of 72 units

and two blocks of 3 storey commercial condominium units,

containing a total of 28 units

Existing Designation:

Proposed Designated:

Purpose:

Property Address/Description: 49, 53 & 55 Judson St

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

15 247232 WET 06 OZ

OLT-22-003921

Legacy File No.:

OLT File No.:

PL170519

OLT-22-004077

OLT Case Name:

Dunpar Developments Inc. v Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

Dunpar Developments Inc.

Application to amend Zoning By-law No. 569-2013 - Neglect

of the City of Toronto to make a decision

I.C2, I.C1, E1.0 (x54)

Site specific to permit the proposed development

To permit a mixed use development consisting of three

blocks of 4 storey townhouses containing a total of 72 units

and two blocks of 3 storey commercial condominium units,

containing a total of 28 units

Existing Zoning:

Proposed Zoning:

Purpose:

Property

49, 53 & 55 Judson St

Address/Description:

Municipality:

Municipality File No.:

OLT Case No.:

Legacy File No.:

OLT File No.:

City of Toronto

15 247232 WET 06 OZ

OLT-22-003921

PL170520

OLT-22-004080

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

Vandyk Properties Inc.

Request to amend the Official Plan - Refusal of request by

the City of Toronto

Existing Designation:

Proposed Designated:

Purpose:

Regeneration Area

Mixed Use Area.

To permit the development of a 24- and 28-storey mixed use

building atop an 8-storey podium

23 Buckingham St

Property

Address/Description:

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

Legacy File No.:

OLT File No.:

16 269378 WET06 OZ

OLT-22-003921

PL170834

OLT-22-004081

OLT Case Name:

Vandyk Properties Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

1066266 Ontario Limited

Request to amend the Official Plan - Refusal of request by

City of Toronto

Existing Designation:

Proposed Designated:

Purpose:

Regeneration Area

Mixed Use Area

To permit the development of a 26-storey mixed use

building atop an 8-storey podium on the Subject Property.

Property Address/Description: 25 Audley Street

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

16 269352 WET 06 OZ

OLT-22-003921

Legacy File No.:

OLT File No.:

PL170835

OLT-22-004082

OLT Case Name:

1066266 Ontario Limited v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Appellant:

Subject:

CIC Management Services Inc.

Failure of the City of Toronto to announce a decision

respecting Proposed Official Plan Amendment

City of Toronto

Municipality:

OLT Case No.:

Legacy File No.:

OLT File No.:

OLT-22-003921

PL171173

OLT-22-004085

OLT Case Name:

CIC Management Services Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

CIC Management Services Inc.

Application to amend Etobicoke Zoning Code and Zoning

By-law No. 56-2013 - Neglect of the City of Toronto to

make a decision

Existing Zoning:

I.C1 (Class 1 Industrial) and Employment Industrial Zone

(E1.0)

Proposed Zoning:

Purpose:

Site specific to permit proposal

To permit the development of 3 residential towers of 30, 36

and 22 storeys in height

Property Address/Description: 39 Newcastle Street

Municipality:

City of Toronto

16 198950 WET 06 OZ

OLT-22-003921

PL171174

Municipality File No.:

OMB Case No.:

Legacy File No.:

OMB File No.:

OLT-22-004086

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

Vandyk Properties Inc.

Application to amend Zoning By-law No. 569-2013 - Refusal

or neglect of the City of Toronto to make a decision

Employment Industrial

Site Specific (To be determined)

To permit the development of a 24 and 28 storey mixed use

building atop an 8-storey podium

Existing Zoning:

Proposed Zoning:

Purpose:

Property Address/Description: 23 Buckingham St

Municipality:

City of Toronto

Municipality File No.:

LPAT Case No.:

Legacy File No.:

LPAT File No.:

16 269378 WET 06 OZ

OLT-22-003921

PL180209

OLT-22-004104

LPAT Case Name:

Vandyk Properties Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

1066266 Ontario Limited

Application to amend Zoning By-law No. 569-2013- Refusal

or neglect of the City of Toronto to make a decision

Employment Industrial

Existing Zoning:

Proposed Zoning:

Site Specific (To be determined)

Purpose:

To permit the development of a 26-storey mixed use

building atop an 8-storey podium on the subject property

Property Address/Description: 25 Audley Street

Municipality:

City of Toronto

Municipality File No.:

LPAT Case No.:

Legacy Case No.:

LPAT File No.:

17 262415 WET 06 OZ

OLT-22-003921

PL180240

OLT-22-004105

LPAT Case Name:

1066266 Ontario Limited v. Toronto (City)

BEFORE:

)

Thursday, 21st

G.C.P. BISHOP

ASSOCIATE CHAIR

)

day of July, 2022

THIS MATTER pertains to appeals filed by 1742875 Ontario Inc. and 1720194 Ontario

Inc. (the “Appellant”) in respect of the City of Toronto adopted Official Plan

Amendment 331 (“OPA 331”) as it pertains to the lands identified as Block “F” therein,

being those lands municipally known as 49, 53 and 55 Judson (the “Subject

Property”), as well as applications for site specific zoning by-law amendments to the

former Etobicoke Zoning Code and By-law No. 569-2013 (the “Zoning Amendments”)

in respect of the Subject Property;

THIS MATTER having come on for a hearing before the Local Planning Appeal Tribunal

(the “Tribunal”), on April 16-19 and May 7 and 10, 2018;

AND THE TRIBUNAL having previously bifurcated appeals filed in respect of OPA 331

for those lands located on the east side of Royal York Road and the subject appeal filed

in respect the Subject Property;

AND THE TRIBUNAL having issued its decision on August 27, 2018 (the “Decision”)

allowing the appeal filed by the Appellant in respect of OPA 331, in part, as well as the

appeal filed in respect of the amendments to the Etobicoke Zoning Code and By-law

No. 569-2013, and allowing the appeal in respect of the Zoning Amendments;

AND THE TRIBUNAL having approved in principle OPA 331 as modified in accordance

with the proposed modifications, as well as amendments to the Etobicoke Zoning Code

and By-law No. 569-2013, in respect of the Subject Property;

AND THE TRIBUNAL having withheld its final order with respect to the planning

instruments until receipt from the City of the final versions of OPA 331 as it applies to

the Subject Property, and the amendments to the Etobicoke Zoning Code and By-law

No.569-2013, along with confirmation of consent from the Appellant and Metrolinx as to

the conformity of the instruments with the Decision, with the Tribunal reserving its right

to further review the final form of the instruments to confirm conformity with its Decision.

AND THE TRIBUNAL now being provided with the final form of the instruments from

the City and receiving confirmation of consent from the Appellant and Metrolinx as to the

conformity of the instruments with the Decision;

AND THE TRIBUNAL having been advised that the Appellant and the City have

executed a Section 37 Agreement to the City;

NOW THEREFORE THE TRIBUNAL ORDERS AS FOLLOWS:

(1) The appeal of OPA 331 is allowed, in part, and is amended in accordance with

Attachment 1 to this Order as it applies to the Subject Property;

(2) The appeal of the Zoning Amendments is allowed, and:

a. former Etobicoke Zoning Code is amended in accordance with Attachment

2 to this Order, and the Clerk of the City of Toronto is directed to assign a

by-law number for record-keeping purposes;

b. City of Toronto Zoning By-law No. 569-2013 is amended in accordance

with Attachment 3 to this Order, and the Clerk of the City of Toronto is

directed to assign a by-law number for record-keeping purposes.

(3) This Order shall not preclude further modifications to OPA 331 as it applies to the

lands on the east side of Royal York Road in accordance with the decision of the

Tribunal dated February 11, 2020 (OLT Case No. PL160692).

THE TRIBUNAL SO ORDERS.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local

Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and

continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding

tribunals or the former Ontario Municipal Board is deemed to be a reference to the

Tribunal.

ATTACHMENT 1

Authority:

Local Planning Appeal Tribunal Decision issued August 27, 2018, Local Planning

Appeal Tribunal Decision issued February 11, 2020 and Ontario Land

Tribunal Order issued ________ in File PL160692

CITY OF TORONTO

BY-LAW 532-2016

To adopt the Mimico-Judson Secondary Plan as Amendment 331 to the Official Plan of the

City of Toronto for the lands in South Etobicoke generally located to the north of and in

proximity to the Metrolinx Rail Corridor on both sides of Royal York Road.

Whereas the Ontario Municipal Board, by its Decision issued [XXXX], and the Ontario Land

Tribunal, by its Order issued [XXXX] in Tribunal File PL160692, determined to amend the City

of Toronto Official Plan, as amended, with respect to the lands in South Etobicoke generally

located to the north of and in proximity to the Metrolinx Rail Corridor on both sides of Royal

York Road;

The Official Plan of the City of Toronto is amended by the Ontario Land Tribunal by amending

Official Plan Amendment No. 331 as follows:

1. The attached Amendment 331 to the Official Plan is adopted pursuant to the Planning

Act, as amended.

Ontario Land Tribunal Decision issued XXXX and Order issued XXXX in Tribunal File

PL160692.

Frances Nunziata,

Speaker

John D. Elvidge,

Interim City Clerk

(Seal of the City)

AMENDMENT No. 331 TO THE OFFICIAL PLAN

MIMICO-JUDSON SECONDARY PLAN

1. Map 2, Urban Structure Map is amended by adding lands shown on Map 35-3 of the

Mimico-Judson Secondary Plan, attached hereto as Mixed Use Areas and Employment

Areas.

2. Map 15, Land Use Plan is amended by re-designating lands in the Mimico-Judson

Secondary Plan Area shown on Map 35-3, attached hereto as follows:

a. Regeneration Areas to General Employment Areas

b. Regeneration Areas to Mixed Use Areas

3. Map 35, Secondary Plan Key Map, is amended by adding the lands shown on Map 35-1

and amending the legend to add "35 Mimico-Judson".

4. Chapter 6 is amended by adding Section 35, the Mimico-Judson Secondary Plan, attached

hereto as Schedule 1.

5. Chapter 7, Site and Area Specific Policies, including Map 26, is amended by adding

Schedule 2 and adding the lands shown on the maps contained in Schedule 2.

6. Schedule 1 of the Official Plan, Existing Minor Streets with Right-of-Way Widths

Greater than 20 Metres, is amended by adding the following minor street:

Street Name

From

To

Planned Right-of-

Way Width

Judson Street

Royal York Road

Islington Avenue

23 metres

7. Schedule 2 of the Official Plan, The Designation of Planned but Unbuilt Roads, is

amended by adding the following planned but unbuilt road:

Street Name

From

Grand Avenue terminus at Newcastle Street and Audley

Portland Street Street

To

Newcastle Extension

SCHEDULE 1

35: MIMICO-JUDSON SECONDARY PLAN

VISION

The Mimico-Judson Secondary Plan ("the Secondary Plan Area") is located in South

Etobicoke, north of the Metrolinx Rail Corridor and is bisected by Royal York Road as

illustrated on Map 35-1. The Secondary Plan Area is comprised of two distinct subareas:

The Judson Area west of Royal York Road, and the Mimico Triangle Area east of Royal

York Road.

The Secondary Plan Area is within and at the eastern edge of the South Etobicoke

Employment Area and has supported employment uses for a number of years. The rail

corridor has been a structural feature as residential neighbourhoods were developed on

lands surrounding the Secondary Plan Area north of Judson Street and Portland Street

and south of the rail corridor. The Willowbrook Rail Maintenance Facility is a major

transportation facility operated by Metrolinx immediately south of the Judson Area and is

integral to the delivery of regional transit service in the Greater Toronto and Hamilton

Area.

As part of the 2013 Municipal Comprehensive Review of employment lands, City

Council designated the Mimico-Judson area as Regeneration Areas and identified it as

being in need of revitalization. The Mimico-Judson Secondary Plan is the result of a

Regeneration Area study completed for the area. This Secondary Plan provides a

development framework for continued and expanded employment opportunities as well

as targeted opportunities to introduce residential uses.

In addition to the policies contained herein, additional policies and maps for Blocks A1,

A2, A3, C, D and E are contained within Site and Area Specific Policies XXXX, XXXX,

and XXXX.

The policies contained within this Secondary Plan are based on four guiding

principles.

Retain and expand business through land use certainty and flexible mixed use

regeneration

The Secondary Plan continues to protect the area's economic function by providing

land use certainty for businesses that wish to continue their operations in the area

and requiring that all new development in Mixed Use Areas include an employment

component either on-site or within the same block. The Mimico Village Business

Improvement Area also plays an important role in the local economy that should be

enhanced and reinforced through the policies of this Secondary Plan.

Unlock underutilized lands for transit supportive mixed use development

Intensifying both residential and employment uses in the Mimico Triangle

Area within walking distance of the Mimico GO Station leverages the

investment in transit infrastructure to balance transportation choices for new

residents and employees.

Protect and support existing operations and future expansion opportunities at the

Willowbrook Rail Maintenance Facility

The Willowbrook Rail Maintenance Facility plays - and will continue to play - a

crucial role in Metrolinx's future plans to expand GO Train service throughout the

Greater Toronto and Hamilton Area. Requiring employment uses lands adjacent

to the yard provides for a land use separation as a form of mitigation from impacts

that may be generated by this rail yard.

Foster a connected and complete community

This Secondary Plan provides policy guidance to achieve a complete community

where people will live, work and undertake activities of daily life within walking

distance to higher order transit. The proposed Newcastle Extension and

MimicoJudson Greenway are significant components of this Secondary Plan and

will achieve improved access to the Mimico GO Station and connectivity across

Royal York Road for pedestrians and cyclists. These improvements provide

important infrastructure to connect and integrate the Secondary Plan Area with

nearby communities.

Policies

1.1

To ensure that the Secondary Plan Area remains a viable place for businesses

to locate and operate, a minimum Gross Floor Area of employment uses is required in

all new development within Mixed Use Areas. The minimum amount will be

determined based on the proposed building type as a function of Floor Space Index

(FSI), in accordance with Policy 3.3.

1.2

The Secondary Plan supports the Vision as expressed by the Structure Plan

illustrated on Map 35-2. The Structure Plan consists of Community Anchors and

Connectors (listed below a) to h)). The anchors are fixed elements that any plans for

change need to consider and strengthen; whereas the connectors provide physical

links between places that are not directly connected to each other.

CONNECTORS:

a) Newcastle Extension: a street extension that runs along the rail corridor

and expands the street network and improves mobility towards the

Mimico GO Station.

b) Mimico-Judson Greenway: a pedestrian and cycling connection

between Ourland Park and Grand Avenue Park.

c) Pedestrian / Cyclist Overpass: a pedestrian and cycling overpass that

will provide safe and direct access over Royal York Road.

d) Pedestrian/Cyclist Connection: a pedestrian and/or cycling tunnel or

bridge to provide access across the rail corridor from the Mimico GO

Station to Manchester Street.

ANCHORS:

e) Christ Church Cemetery and Coronation Park: two existing green

spaces that form part of the open space network.

f) Mimico GO Station: a focal point for commuters.

g) Willowbrook Rail Maintenance Facility.

h) New public park.

1.3

Map 35-3 identifies a number of sub-areas within the Secondary Plan:

a)

support the economic function of the Secondary Plan Area will be provided.

b) Blocks "B" and "D" are lands where uses that support the economic

Blocks "A1", "A2" and "A3" are Mixed Use Areas where uses that

function of the Secondary Plan Area are permitted and additional residential,

commercial, institutional and other uses may be permitted subject to

development criteria that ensures compatibility with uses operating or

permitted in Blocks "A1" and "A2".

c)

be considered in all developments.

d) Block “F” is land where uses that support the economic function of the

Blocks "C" and "E" are where rail safety and mitigation measures must

Secondary Plan Area are permitted and additional residential, commercial,

institutional and other employment uses may be permitted subject to

development criteria, including the requirement that employment uses must be

built prior to any residential use and that 100% of residential units be family

sized units, with the exception of 29 Judson Street, which must provide a

minimum of 15% two bedroom units. A family sized unit is a dwelling unit

with a minimum of 2 bedrooms and a minimum of 110 square metres of gross

floor area or a dwelling unit with 3 bedrooms or more.

LAND USE

The land use strategy for the Mimico-Judson Secondary Plan provides a framework for

employment and residential uses to achieve a balance between compatible land uses that

creates a dynamic place to live, work, learn and play.

Policies

2.1 Land use designations in this Secondary Plan are shown on Map 35-3.

2.2 For the purposes of this Secondary Plan, uses that support the economic

function of the Secondary Plan Area include, but are not limited to: office, light

industrial and manufacturing, media-based facilities, production studios and facilities,

and retail and service commercial uses that serve area employees, residents and

commuters, and that are complementary to the services located within the Mimico

Village Business

Improvement Area.

2.3

Lawfully existing uses established at the time of the enactment of this

Secondary Plan are permitted to continue. Where permitted by this Secondary Plan,

residential and other sensitive land uses will be required to include any mitigation

measures required to ensure their compatibility with operating or permitted

employment uses.

2.4

The following uses are prohibited throughout the Mimico-Judson Secondary

Plan Area:

a)

Stand-alone major retail developments with over 6,000 square metres or more

of retail gross floor area;

b)

c)

d)

e)

f)

Heavy manufacturing uses;

Crude petroleum oil or coal refineries;

Ammunition, firearms or firework factories;

Concrete batching plants;

Primary processing of limestone or gypsum; and

Asphalt Plants.

g)

Mimico Triangle (Blocks "A1", "A2", " A 3 " , "B", "C", "D" and "E")

2.5

Lands identified on Map 35-3 as "Block A1", "A2", "A3", "B", "C", "D" and

"E" lands are designated Mixed Use Areas.

2.6

Lands identified as Mixed Use Areas shall be subject to the following

development criteria:

a)

The submission of technical and environmental studies and other

relevant information to the City and Metrolinx that demonstrates that the

proposed residential or other sensitive use is compatible with operating or

permitted employment uses adjacent to Blocks "C", "D" and "E" and uses

within the

Willowbrook Rail Maintenance Facility, the VIA Toronto Maintenance Centre

(or their successors), and rail corridors, to the satisfaction of the City;

b)

Confirmation from the owners of Blocks "C", "D" and "E" that

Metrolinx has been provided with the technical and environmental studies and

other relevant information and provided with a reasonable period for review

and comment;

c)

The costs of any compatibility studies and mitigation measures will be

borne by the owner of the new residential or other sensitive land uses;

d)

Any noise mitigation plan may be peer reviewed by a third party

acoustical engineer, at the discretion of the City; and

e)

The City, in consultation with Metrolinx and the owners, will

determine appropriate noise mitigation measures within Blocks "C", “D” and

“E” for:

i.

ii.

Outdoor amenity space proposed within the Mixed Use Areas;

The façade (wall and window) Sound Transmission Class (STC)

requirements for the purposes of calculating and specifying upgraded

facades for such developments; and

iii.

The City will consider any additional comments provided by

(which may provide comments during the site plan approval

building permit approval process) in determining whether the

noise mitigation measures are satisfactory; and

Metrolinx

and

proposed

f)

Noise mitigation and safety mitigation measures will be secured

through a Zoning By-law Amendment and a Section 37 Agreement which will

be signed and registered prior to the enactment of any Zoning By-law

Amendment, to the satisfaction of the City Solicitor.

2.7

Prior to enacting any Zoning By-law Amendment to implement sensitive

land uses including but not limited to residential uses, the owner will provide the

City with a noise mitigation plan demonstrating land use compatibility with the

operating or permitted employment uses, including employment uses adjacent to

Blocks "C", “D” and “E” and uses within the Willowbrook Rail Maintenance

Facility, the VIA Toronto Maintenance Centre (or their successors), and rail

corridors, to the satisfaction of the City.

2.8

Prior to development of lands within Blocks "C", “D” and “E”, an

environmental easement for noise shall be granted in favour of Metrolinx.

2.9

As a condition of site plan approval, the owners within Blocks "C", “D”

and “E” will agree to include and have registered on title appropriate noise

warning clauses identifying the Blocks’ Class 4 designation, in accordance with

the Ministry of the Environment and Climate Change NPC-300 guidelines. Such

warning clauses identifying the Class 4 designation will also be placed in all

agreements of purchase and sale and leases and warnings will be displayed

prominently at any sales centre marketing the sale or lease of units.

2.10 All lands designated Mixed Use Areas shall be designated as Class 4

lands pursuant to the Ministry of the Environment and Climate Change NPC-

300 Guidelines

Judson Street Area (Block "F")

2.11 Lands designated as General Employment Areas will be subject to the following

policies and development criteria:

a)

b)

Lands designated General Employment Areas will be zoned with a minimum

building height that is greater than the maximum building height permitted by the

zoning for land designated as Mixed Use Area within Block “F”;

Noise sensitive commercial purpose buildings and noise sensitive institutional

purpose buildings will not be permitted within the General Employment Areas of

Block “F”:

i.

“Noise sensitive commercial purpose building” means a building used for

a commercial purpose that includes one or more habitable rooms used as

sleeping facilities such as a hotel and a motel, or commercial uses that

may

experience adverse effects from external noise sources; and ii.

sensitive institutional purpose building” means a building used for

institutional purpose, including an educational facility, a day nursery, a

hospital, a health care facility, a shelter for emergency housing, a

community centre, a place of worship and a detention centre;

“Noise

an

c)

d)

Notwithstanding that recreational and medical office uses may not be permitted in

General Employment Areas, recreational and medical office uses will be permitted

on Block “F”, consistent with the previous Regeneration Areas designation of

Block “F”;

The City, in consultation with Metrolinx and the owner, and in accordance with

policy 2.14, will determine appropriate noise mitigation measures for:

i.

outdoor amenity space proposed within the General Employment

the facade (wall and window) Sound Transmission Class (STC)

Areas; ii.

requirements for the purposes of calculating and specifying upgraded facades

for such development; and

iii.

The City will consider any additional comments provided by

Metrolinx (which may provide comments during the site plan approval and

building permit approval process) in determining whether the proposed

noise mitigation measures are satisfactory; and

e)

f)

Any noise mitigation plan may be peer reviewed by a third party acoustical

engineer, at the discretion of the City;

Noise mitigation measures will be secured through a Zoning By-law Amendment

and a Section 37 Agreement which will be signed and registered prior to the

enactment of any Zoning By-law Amendment, to the satisfaction of the City

Solicitor; and

g)

Notwithstanding that lands within the General Employment Areas may be used for

parking, loading, service and access that serves both the uses within the Mixed

Use Areas portions of the development and uses within the General Employment

Areas portions of the development, the shared use of portions of the General

Employment Areas lands for these limited, functional facilities shall not be

considered to be a conversion of lands within an Employment Area.

2.12 Lands identified as Mixed Use Areas shall be subject to the following

development criteria:

a)

The submission of technical and environmental studies and other relevant

information to the City and Metrolinx that demonstrate that the proposed

residential or other sensitive use is compatible with operating or permitted

employment uses, including those uses within Block “F”, uses adjacent to Block

“F” and uses within the Willowbrook Rail Maintenance Facility, the VIA Toronto

Maintenance Centre (or their successors), and rail corridors, to the satisfaction of

the City;

b)

c)

Lands designated Mixed Use Areas shall be zoned with a maximum height that is

less than the minimum building height permitted by the zoning for lands

designated as General Employment Areas within Block “F”;

Confirmation from the owner that Metrolinx has been provided with the technical

and environmental studies and other relevant information and provided with a

reasonable period for review and comment;

d)

e)

The costs of any compatibility studies and mitigation measures will be borne by

the owner of the new residential or other sensitive land uses;

100% of residential units within Block “F” must be family sized units, with the

exception of 29 Judson Street, which must provide a minimum of 15% of the

residential units being two bedroom units;

f)

A “family sized unit” is a dwelling unit that will have a minimum of 2 bedrooms

and a minimum of 110 square metres of gross floor area or a dwelling unit with 3

bedrooms or more;

g)

h)

Any noise mitigation plan may be peer reviewed by a third party acoustical

engineer, at the discretion of the City;

The City, in consultation with Metrolinx and the owner and in accordance with

Policy 2.14, will determine appropriate noise mitigation measures for:

i.

Outdoor amenity space proposed within the Mixed Use Areas; ii.

The façade (wall and window) Sound Transmission Class (STC)

requirements for the purposes of calculating and specifying upgraded

facades for such developments; and

iii.

The City will consider any additional comments provided by

Metrolinx (which may provide comments during the site plan approval and

building permit approval process) in determining whether the proposed

noise mitigation measures are satisfactory; and

i)

Noise mitigation measures will be secured through a Zoning By-law Amendment

and a Section 37 Agreement which will be signed and registered prior to the

enactment of any Zoning By-law Amendment, to the satisfaction of the City

Solicitor.

2.13 Prior to enacting any Zoning By-law Amendment to implement sensitive

land uses including but not limited to residential uses, the owner will provide the

City with a noise mitigation plan demonstrating land use compatibility with the

operating or permitted employment uses, including those uses within Block “F”,

uses adjacent to Block “F” and uses within the Willowbrook Rail Maintenance

Facility, the VIA Toronto Maintenance

Centre (or their successors), and rail corridors, to the satisfaction of the City;

2.14 The noise mitigation plans and measures referred to above will conform

generally to the criteria specified in the document titled “Noise Evaluation

Method and Selection of Exterior Envelope Sound Isolation” being Exhibit 32 to

the April 16-19, 2018 and May 7 and 10, 2018 hearing dates in Local Planning

Appeal Tribunal File PL160692, on file with the Chief Planner.

2.15. Prior to development of lands within Block “F”, an environmental easement

for noise shall be granted in favour of Metrolinx.

2.16 As a condition of site plan approval, the owner within Block ‘F’ will agree to

include appropriate noise warning clauses specific to the Willowbrook Rail

Maintenance Facility and will agree to have such warning clauses registered on

title of lands within Block “F”, which have been designated by Council in their

entirety as Class 4 in accordance with the Ministry of the Environment and

Climate Change NPC-300 guidelines. Warning clauses for the Class 4

designation will also be placed in all agreements of purchase and sale and leases

and warnings will be displayed prominently at any sales center marketing the sale

or lease of units.

2.17 Prior to the issuance of any above-grade building permit of any residential use

within “Block F”, construction of the employment uses must be substantially

complete or the owner must have obtained confirmation from an acoustical

engineer that the approved noise mitigation plan and measures have been

constructed and implemented, to the satisfaction of the City.

2.18 Lands designated Mixed Use Areas within Block "F" shall be designated as Class

4 lands pursuant to the Ministry of the Environment and Climate Change NPC-

300 Guidelines.

Railway Safety and Mitigation

2.19 Any portion of a development containing residential and other sensitive land uses

(as defined by the Provincial Policy Statement, 2014) shall be set back a minimum of 30

metres from the property line bordering the rail corridor to the south and provide

appropriate mitigation and safety features to implement the Federation of Canadian

Municipalities (FCM) and the Railway Association of Canada (RAC) Guidelines for New

Development in Proximity to Railway Operations.

2.20 As a condition of site plan approval for Block "E", where the minimum 30 metre

setback to residential and other sensitive land uses is not provided, the owners within

Block "E" shall agree to construct an off-site barrier which will secure the appropriate

mitigation and safety features in accordance with Policy 2.19.

2.21 As a condition of site plan approval for development within Block “C”, where the

30metre setback to residential and other land uses is not provided, the owners shall agree

to construct a safety barrier which will secure appropriate mitigation and safety measures

in accordance with Policy 2.19.

ECONOMIC REVITALIZATION

The economic revitalization strategy builds on the extensive work undertaken as part of

the Municipal Comprehensive Review of employment lands and provides area specific

policies that are intended to attract new investment and retain existing businesses within

the Secondary Plan Area.

Policies

3.1 Development will be consistent with the vision of revitalizing the Secondary Plan

Area's economic function and promoting new employment opportunities, while

protecting existing business operations.

3.2 The development of vacant lands and the adaptive reuse of buildings for

employment purposes are strongly encouraged.

Business Expansion and Retention

3.3

Development of residential uses on lands within Blocks designated Mixed Use

Areas will require the provision of a minimum gross floor area of non-residential uses

that support the economic function of the Secondary Plan Area, based on the type of

building proposed as follows:

a)

b)

0.50 FSI for tall buildings (greater than 12-storeys);

0.45 FSI for mid-rise buildings (5 to 12-storeys); and

c)

0.15 FSI for townhouses or low rise buildings (up to and including 4-storeys).

3.4 The minimum required gross floor area of non-residential uses that

support the economic function of the Secondary Plan Area shall be built prior

to, or concurrent with, the associated new residential development, except for

Block "F" where employment uses must be built prior to any residential uses.

3.5

New development that includes more than one building within a Block

is to provide the minimum required gross floor area of non-residential uses

that support the economic function of the Secondary Plan Area in one or more

buildings.

3.6

Office uses and other commercial uses that are not retail based are

strongly encouraged within new developments.

PUBLIC REALM

The public realm is made up of streets, parks and other publicly owned and publicly

accessible private lands. Sunlight and wind conditions are important elements of a

comfortable public realm. The public realm policies support a number of key place

making objectives and create opportunities to connect important destinations internal and

external to the Secondary Plan Area. The Newcastle Extension and Mimico-Judson

Greenway are major components of the public realm and play a large role in achieving

several goals of this Secondary Plan.

Policies

4.1 The structure of the Public Realm is shown on the Public Realm Structure Plan

illustrated as Map 35-4.

Newcastle Extension

4.2 The Newcastle Extension is a key connector that will extend Newcastle Street

from its existing terminus at Audley Street to connect to Portland Street.

4.3

The Newcastle Extension will have a right-of-way width of 25 metres and will

run parallel to, and be wholly located within, the required setback from the rail

corridor. The right-of-way will be complemented by an above grade building setback

of 3 metres from the Newcastle Extension.

4.4

The Newcastle Extension will achieve a more integrated public street network

within the Secondary Plan Area, provide additional public street frontage for Block

"E", and create direct and safe pedestrian access to the Mimico GO Station from the

nearby residential community to the east.

Mimico-Judson Greenway

4.5 The Mimico-Judson Greenway is a key connector that will provide a dedicated, direct and

safe multi-use trail for pedestrians and cyclists through and beyond the Secondary Plan

Area.

4.6

The Mimico-Judson Greenway:

a)

East of Royal York Road may be located within the required setback from the

rail corridor, on Metrolinx lands, or within portions of the Newcastle and

Windsor Street rights-of-way; and

b)

West of Royal York Road will be located on the south side of Judson Street

and form part of the planned 23 metre right-of-way. Where the right-of-way

requires widening along Judson Street, additional lands will be acquired from

properties on the south side of Judson Street.

4.7

The Mimico-Judson Greenway will be a shared pedestrian and cycling trail

with integrated landscape features and will link to existing parks and open spaces in

the surrounding community such as Grand Avenue Park, Ourland Park and

Coronation Park, as well as the new public park located within the Secondary Plan

Area identified on Map 35-2.

Public Realm Improvements

4.8

The Mimico-Judson Urban Design Guidelines will establish a context for

coordinated development within the Secondary Plan Area and provide guidance for

development to support the Public Realm Policies.

4.9 Uses that provide amenities for future and existing employees are encouraged throughout

the Secondary Plan Area to create an attractive work environment and to support the

existing employment function.

4.10 New development and public realm improvements will prioritize pedestrian

movements throughout the Secondary Plan Area to ensure safety and minimize

conflicts between pedestrians and vehicles, while ensuring that goods movement

continue to be facilitated.

4.11 Pedestrian priority areas will be created through increased building setbacks, additional

landscaping and signage and are intended to direct pedestrian activity to the sides of

the street on which Blocks "A2", "B", "C", and "D" are located. To minimize pedestrian

conflict with employment uses, Pedestrian Priority Areas are identified on Map 35-5

Movement Strategy and apply to the following blocks:

a)

b)

c)

West side of Windsor Street between Portland Street and the Mimico GO

Station;

East side of Buckingham Street between Portland Street and Newcastle Street;

and

South side of Newcastle Street between Windsor Street and Buckingham

Street.

The Mimico-Judson Urban Design Guidelines will provide design details of each

pedestrian priority area.

4.12 Privately Owned, Publicly Accessible Open Spaces (POPS) will be

encouraged in new developments containing residential uses and designed to extend

and connect the public realm with development sites in a way that is accessible to

members of the public year-round.

MOVEMENT

The Movement Strategy for the Secondary Plan Area is based on the opportunities to

utilize higher order transit and improve the Secondary Plan Area's integration with

neighbouring communities. The Movement Strategy provides for the introduction of the

Newcastle Extension along with the Mimico-Judson Greenway, which will extend the

local road network and provide for important pedestrian/cycling connections across

Royal York Road.

Policies

5.1 The Movement Strategy for the Mimico-Judson Secondary Plan Area is illustrated

on Map 35-5.

Newcastle Extension and Mimico-Judson Greenway

5.2

The Newcastle Extension and Mimico-Judson Greenway will be acquired

prior to or in conjunction with redevelopment within Block "E". Within Block “C”,

the Mimico-

Judson Greenway may be secured through an easement registered on title for any

portion(s) located within a rail corridor setback, or on Metrolinx lands, or within

portions of the Newcastle and Windsor Street rights-of-way.

5.3

The detailed design of the Newcastle Extension and Mimico-Judson

Greenway will be informed by the Mimico-Judson Urban Design Guidelines and

refined through the preparation of Detailed Block Plans as required by this Secondary

Plan and will include details on required rail safety infrastructure and noise

attenuation features, and the location of any required servicing infrastructure.

5.4 Development shall not proceed within the portion of Block "E" that includes the

Newcastle Extension until the alignment and detailed design of the right-of-way is

acceptable to the City.

Transit and Active Transportation

5.5

Rerouting local surface transit to the Newcastle Extension is encouraged to

provide more direct access to the Mimico GO Station.

5.6

Any improvements and/or site alterations to the Mimico GO Station should be

undertaken in a manner that advances this Secondary Plan with respect to improved

pedestrian and cycling connectivity both across and along the rail corridor and

facilities for providing pick-up and drop-off that can be wholly accommodated on site.

5.7

The Mimico-Judson Greenway overpass at Royal York Road will be

implemented through future capital improvements.

5.8

Where appropriate and in accordance with the Mimico-Judson Urban Design

Guidelines, the following cycling infrastructure will be encouraged within the

Secondary Plan Area to facilitate increased cycling safety and ridership:

a)

Separated bicycle lanes, sharrows, signed routes and off-street multi-use

trails such as the Mimico-Judson Greenway;

Increased bicycle parking; and

Space allocated for future expansion of the Bike Share network at Mimico

GO Station.

b)

c)

5.9

Commuter vehicle and bicycle parking will be encouraged as part of new

developments within the Mimico-Judson Secondary Plan Area.

Goods Movement and Loading

5.10 The following vehicle routes are loading and goods movement priority routes.

Signage will indicate that these routes facilitate loading and goods movement to and

from the existing and future businesses within the Mimico Triangle Area:

a)

b)

c)

d)

Portland Street between Royal York Road and Buckingham Street;

Newcastle Street between Royal York Road and Buckingham Street;

Windsor Street between Portland Street and Newcastle Street; and

Buckingham Street between Portland Street and Newcastle Street.

5.11 In conjunction with the identified Pedestrian Priority Areas (Policy 4.11),

adequate signage and wayfinding will be implemented to discourage

pedestrian activity along sidewalks within Blocks "A1" and "A3".

5.12 Where possible, new development will locate loading docks away from

public streets to minimize conflicts between loading vehicles and

pedestrians.

BUILT FORM

The infill redevelopment opportunities provided for within the Secondary Plan Area will

take various built forms based on their location within the Secondary Plan Area, the site's

ability to provide key infrastructure such as new roads and parkland and surrounding

context. New development should define the street edges, parks and open spaces and

ensure the scale and form will respect the scale of the existing Neighbourhoods and

achieve compatibility with the permitted employment uses within the Secondary Plan

Area.

Policies

6.1

Development within the Secondary Plan Area shall be constructed no taller

than the maximum building heights illustrated on Map 35-6.

6.2

Development within the Secondary Plan Area shall:

a)

Not cast any shadows onto the park block locations in Block "D" and

"E" as identified on Map 35-3 for seven continuous hours during the spring

and fall equinoxes; and

b)

Not cast any shadows on lands designated Neighbourhoods between

the hours of 10:00 a.m. and 5:00 p.m. during the spring and fall equinoxes.

Context-Based Intensification

6.3 Building heights and scale will be organized generally with:

a)

b)

c)

d)

Low-rise buildings located west of Royal York Road, including on the south

side of Judson Street;

Mid-rise buildings located east of Royal York Road, with the exception of

Block "C" south of Newcastle Street;

Tall buildings only located on Block "C" south of Newcastle Street, adjacent

to the previously approved tall building; and

Lower heights along street edges, particularly on the south side of Portland

Street.

6.4

For the purposes of this Secondary Plan and given the unique area context:

a)

Low-rise buildings are buildings no taller than 4-storeys (16.5 metres)

in height;

b)

Mid-rise buildings are buildings no less than 5-storeys (16.5 metres)

and no more than 12-storeys (37.5 metres) in height; and

c)

Tall buildings are buildings no less than 13-storeys (40.5 metres) and

no more than 30-storeys (91.5 metres) in height.

6.5

Development should:

a)

b)

c)

Provide a consistent four-storey street wall;

Incorporate a stepback above the fourth storey along all public streets; and

Be located entirely within a 45 degree angular plane measured from all

property lines abutting streets beginning at 16 metres above grade measured at

the property line abutting the street.

6.6 On Block "C" only, tall buildings may pierce the angular plane for a portion of the

street frontage.

LIVABILITY

A range and mix of housing and the provision of parks and community services and

facilities support and enhance quality of life for residents. To achieve a complete and

inclusive community, a full range of housing in terms of form, tenure and

affordability, community services and facilities and a new public park will be

required.

Policies

Housing

7.1

New residential development in Mixed Use Areas will provide a residential

unit mix with:

a)

b)

c)

For Blocks "B", "C", "D", and "E", 25 percent or more of the units built as

two-bedroom units or larger, including 10 percent of the total units built as

three-bedroom units or larger;

For Block "F", 100 percent of residential units being family sized units, with

the exception of 29 Judson Street, which must provide a minimum of 15

percent two- bedroom units; and

At least one-half of all two-bedroom and three-bedroom or larger units in a)

above built with all bedrooms located on an exterior wall with glazing.

7.2

Development of new affordable rental and ownership housing is encouraged.

Community Services and Facilities

7.3 The Secondary Plan Area is a relatively small area that is located within a larger

community where there are opportunities to provide additional community services

and facilities to support and meet the needs of residents and employees.

7.4 Community Services and Facilities priorities for the Secondary Plan Area and

surrounding community include the following:

a)

b)

c)

Pre-school programs;

Senior day programs; and

Farmers Markets.

7.5

The Lakeshore Mimico Lawn Bowling Club site and building located within

Coronation Park and adjacent to the Secondary Plan Area presents an

opportunity to be repurposed to accommodate some of the identified

community services and facilities priorities for the Secondary Plan Area and

broader community.

7.6

7.7

Community services and facilities will be located within the Secondary Plan

Area or in close proximity to resident and employee populations.

The City will monitor the needs and priorities for additional community

services and facilities to serve the residents and employees of the Secondary

Plan Area as development occurs.

Parks

7.8

New public park(s) are required to serve future and existing residents and

employees within the Secondary Plan Area, act as a focal point of the neighbourhood,

and should be located to allow for easy access to the Mimico-Judson Greenway.

7.9

New public park(s) will be located within Block "D" and "E" identified on

Map 35-2 and have frontage on at least two public streets in highly visible and

accessible locations, and designed to be in keeping with the character of the

neighbourhood.

7.10 New public park(s) will be of a size and shape that will achieve a centrally

located park.

7.11 The public park space will provide a neighbourhood park atmosphere, which

will allow for a variety of outdoor activity and passive recreation opportunities for

workers, residents and visitors to the area. It will assist in creating connections

between private and public open spaces within the Secondary Plan Area.

7.12 For developments in Block "D", the dedication of land for the public park will be

the priority over a dedication through cash-in-lieu.

7.13 Proponents who are seeking to develop on lands within the Secondary Plan

Area outside of Block "D" are encouraged to secure off-site parkland dedication

within Block "D".

7.14 Notwithstanding Policy 4.3.8 of the Official Plan, the City may enter into a

land exchange agreement(s) with property owners in Blocks “D” and “E” to facilitate

the achievement of a comprehensive parks plan serving the area. Without limitation,

the

land exchange agreement may include terms that permit interim land configurations

to facilitate phasing of redevelopment within Blocks “D” and “E”.

ENVIRONMENTAL

The introduction of sensitive land uses and new development close to operating

businesses requires appropriate regard for environmental compatibility between existing

and planned employment uses and the development of lands with residential and other

sensitive use permissions.

Policies

8.1

Developments within Blocks "A1", "A2", "A3", "B", "C", "D", "E" and "F" on

Map 35-3 containing residential or sensitive uses shall be appropriately designed,

buffered and/or separated from existing and operating industries to prevent or mitigate

adverse effects from noise, vibration, odour and other emissions and contaminants.

8.2 All development applications that propose residential or other sensitive uses will require

a Noise and Vibration Impact Assessment to address any impacts and identify any

recommended mitigation measures.

8.3

Areas where there is a mix of industrial, other non-residential and residential

uses offer an opportunity for District Energy Systems. Development in the Secondary

Plan Area is encouraged to consider District Energy Systems, either on a block-wide

or area-wide basis.

8.4

Detailed environmental noise/vibration and air emissions report(s) and

detailed design plans, acceptable to the City, shall be required in support of any

zoning by-law amendment applications for sensitive land uses on Block "A1" and the

west side of Block "D". Such reports are to specify how compatibility will be

achieved and maintained between permitted uses within Block "A1" and the proposed

development on Block "A1" and the west side of Block "D", and shall include

mitigation measures aimed at eliminating or minimizing impacts.

a)

With respect to noise and vibration, by designing to NPC 300 Class 1

sound levels, with the opportunity to implement Class 4 measures;

and

b)

With respect to air emissions, in accordance with the relevant

emissions criteria of the Ontario Ministry of Environment and Climate

Change collectively the “mitigation measures”.

8.4.1 The environmental noise/vibration and air emissions reports shall be

prepared

by qualified acoustical and air quality engineers.

8.4.2 The environmental noise/vibration and air emissions reports and design

mitigation measures shall be reviewed by third party peer reviewers, retained

of

by the City and at the developer’s expense, all to the satisfaction of the City in

consultation with the affected industry(ies).

8.4.3 The environmental noise and air emissions report(s) shall include:

a)

A determination of the predictable worst-case impact from all relevant

noise and air emission sources, taking into account the cumulative

effect, where applicable and as reflected in current guidelines of:

i.

both the expansion or alteration plans of existing stationary

source(s) that can reasonably be expected to be implemented

given current land use permissions, and new stationary sources

that would be permitted in the future based on the in-force

zoning; and

ii.

new stationary sources that would be permitted in the future

based on the in-force zoning; and

b)

The identification of all receptor locations in the proposed

development with the potential to experience adverse impacts;

c)

A determination of the numerical noise/vibration and air emissions

excesses at such receptors, if any; and

d)

The preparation of specific recommendations for mitigation at

receptor, to be incorporated into the design of the development, to

create an appropriate noise/vibration and air quality environment for

future occupants/users of the proposed development, taking into

commonly used criteria in Ontario for assessing emissions

account

abatement

and with the expectation, that where required by the

industry shall have a valid Certificate of Approval (C of

Environmental Compliance Approval (ECA).

MOECC, the

A) or

8.4.4 Receptor-based mitigation measures may include, among other things,

land use separation, building massing and siting, phasing, buffering,

and design

vibration, odour, air

mitigation or equivalent measures to address noise,

quality and nuisance impacts.

8.4.5 The environmental noise/vibration and air emissions reports may include

consideration of at-source mitigation measures at the expense of the

proposed sensitive land use where there is cooperation between the

owners and the consent of the affected industry.

8.4.6 Mitigation measures will set out in the zoning by-law amendments.

8.4.7 Mitigation measures will also be implemented through conditions of site

plan

approval, subdivision and/or condominium approval, where

City’s discretion.

appropriate, at the

8.4.8 Mitigation measures and the maintenance thereof shall be secured through

appropriate agreements which may include agreements between the

City and

the developer and/or agreements between the developer and owners of lands

in proximity to the new sensitive use.

8.4.9 Mitigation measures will be incorporated into the design of the buildings

with

shall be included in the drawings required to be approved pursuant to

the site plan provisions of the Planning Act.

a proposed sensitive use (and at-source, where applicable) and

8.4.10 Prior to issuance of building permits, the owner shall provide a

certification letter from the qualified acoustical and air quality

engineers, as applicable, to the City confirming that the building

permit drawings have been reviewed and the required mitigation

design in

measures have been incorporated into the building

accordance with the approved site plan drawings and the

environmental noise/vibration and air emissions reports and any

addendums. If mitigation is to be implemented at the source, the

appropriate shop drawings

shall be reviewed.

8.4.11 Prior to the earlier of occupancy or the registration of the plan of

condominium, the owner shall provide the qualified acoustical and air

quality

required mitigation

have been inspected and installed in accordance with the approved site

engineers’ certification letters to the City advising that the

measures, including any mitigation at source,

plan drawings and the

reports and/or any

environmental noise/vibration and air emissions

addendums.

8.4.12 Warning clauses, in accordance with the MOECC NPC-300 guideline, will

be registered on title and in the appropriate agreements. Warning clauses

to notify purchasers of the applicable Class 4 designation in accordance

with

appropriate

NPC 300 guidelines will be registered on title and in the

agreements

IMPLEMENTATION

Redevelopment of the Secondary Plan Area will likely occur over the long term, where

existing employment uses will be strengthened through reinvestment opportunities

provided by land use certainty and the requirement for the provision of a minimum gross

floor area of uses that support the economic function of the Secondary Plan Area as part

of any development. The introduction of residential uses on some lands within the

Secondary Plan Area is provided for to deliver key components of neighbourhood

infrastructure necessary to fulfill the objectives of this Secondary Plan. The following

implementation strategy ensures the delivery of important structural elements of the

Secondary Plan's structure.

Policies

9.1

The policies and development criteria of the Official Plan continue to apply to

the Secondary Plan Area, subject to the policies of this Secondary Plan. For clarity:

a)

In the event of a conflict with the Official Plan, the policies of the

Secondary Plan shall prevail.

b)

In the event of a conflict with the Official Plan or the Secondary Plan,

a Site and Area Specific Policy shall prevail.

c)

Notwithstanding the maps of this Secondary Plan, the maps contained

in a Site and Area Specific Policy shall prevail.

Detailed Block Plans

9.2 Blocks "C", "D" and "E" shall be required to submit Detailed Block Plans as

part of the Zoning By-law Amendment application envisioning the development of

the entire block regardless of ownership patterns.

9.3

Landowners are encouraged to collaborate on the preparation and submission

of the required Detailed Block Plans which will be reviewed for conformity with the

policies of this Secondary Plan and shall have appropriate regard to supporting

documents including the Mimico-Judson Urban Design Guidelines and other

applicable City of Toronto Urban Design Guidelines.

9.4

The Detailed Block Plan required in Policy 9.2 will illustrate one or more

options for acceptable built form of development within the Block, including on lands

that are not subject to the application.

9.5

(a)

The Detailed Block Plan for Block "C1" is Site and Area Specific

Policy XXX;

(b)

(c)

Other lands within Block “C” not covered by Site and Area Specific Policy

XXX shall be required to update the Block Plan in Site and Area Specific

Policy XXX by amendment to this Plan; and

Notwithstanding Policy 9.5 (b) above, should Block "C1" and other sites in

Block "C" be developed concurrently, said other sites shall not be required to

update the Block Plan in Site and Area Specific Policy XXX by amendment to

this Plan and amendment to Site and Area Specific Policy XXX.

9.6

The Joint Detailed Block Plan for Blocks "D1", "D2", "D3" and E1" is

Site and Area Specific Policy XXX.

9.7

Other lands in Blocks “D” and “E” not covered by Site and Area

Specific Policy XXX shall be required to update the Block Plan in Site and

Area Specific Policy XXX by amendment to this Plan and amendment to Site

and Area Specific Policy XXX.

9.8

Notwithstanding Policy 9.7 above, should Block "E1" and other sites

in Block "E" be developed concurrently, said other sites shall not be required

to update the Block Plan in Site and Area Specific Policy XXX by amendment

to this Plan and amendment to Site and Area Specific Policy XXX.

9.9

Detailed Block Plans will be considered by City staff. Site and Area

Specific Policies will be recommended to City Council for each Block as

Official Plan Amendments to this Secondary Plan.

Zoning By-law

9.10 Block-wide Zoning By-law Amendments may be considered and adopted by

Council to advance the policies contained within this Secondary Plan.

Development Permit System

9.11 A Development Permit System may be established to ensure that development is

in keeping with the Secondary Plan policies and vision.

Urban Design Guidelines

9.12 Urban Design Guidelines will be adopted by City Council that:

a)

Establish a context for coordinated development within the Secondary Plan

Area;

b)

c)

Outline built form criteria related to massing, articulation, and shadows;

Provide detailed guidance for the development of the public realm, including

the relationship of buildings to the public realm;

Identify location, treatment and character of key components of the public

realm;

Illustrate cross sections for future works to be carried out in the public rightof-

way; and

Inform the preparation and evaluation of Detailed Block Plans for

consideration by the City.

d)

e)

f)

9.13 No changes will be made through rezoning, minor variances, consent or any

other public action that are not consistent with the planned character of the Secondary

Plan Area, as stated in this Secondary Plan.

Section 37 of the Planning Act

9.14 In addition to the policies of Section 5.1.1 of the Official Plan regarding Section

37 of the Planning Act, the following policies apply to the lands.

9.15 The following will be considered as priorities, though other items may also be

secured as appropriate with Council approval:

a)

Non-profit community services and facilities, including the acquisition of

community service program space for pre-school programs, senior day

programs and farmers markets;

b)

c)

d)

e)

f)

Non-profit childcare facilities;

Parkland improvements;

Community gardening infrastructure;

Affordable housing units;

Affordable studio and employment space for arts and culture based

employment uses; and

g)

Pedestrian and cycling bridge across Royal York Road and associated

landscaping.

9.16 Despite Policy 5.1.1.4 of the Official Plan, Policy 5.1.1.1 of the Official Plan

will only apply to a proposed development that would permit a building or structure

with residential gross floor area. The base value, in terms of residential gross floor

area, from which increased height and/or density may be permitted in return for

certain capital facilities will be 0 (zero) FSI. Any non-residential gross floor area that

will not be subject to Policy 5.1.1.1 of the Official Plan.

Draft Plan of Subdivision, Consent or Conveyance

9.17 Any division of land will be in conformity with the Mimico-Judson Secondary Plan

and will create land parcels that facilitate development consistent with the intent of

this Secondary Plan.

Holding "H" By-laws

9.18 Holding "H" By-laws may be used pursuant to Section 36 of the Planning Act

to secure infrastructure as outlined in the Secondary Plan, including but not limited to:

the Newcastle Extension, the new public park; portions of the Mimico-Judson

Greenway; any identified rail mitigation requirements; and any required servicing

infrastructure necessary for the full build-out of lands within the Secondary Plan Area.

Municipal Servicing

9.19 Municipal infrastructure required to support development will be provided on

municipal lands and will be provided prior to, or concurrent with, development.

Cost Sharing

9.20 Where municipal infrastructure has been front-ended by landowners, cost sharing among

benefitting owners of development sites in the Secondary Plan Area for improvements to

existing transportation and servicing infrastructure and at source noise and air emission

mitigation measures required in connection with or to support new developments shall be

required and secured prior to the adoption of implementing Zoning By-law Amendments.

DocuSign Envelope ID: 3BD0D58F-D0CA-4B1A-A348-21E3DD8C1E14

25

City of Toronto By-law 532-2016

List of Maps

Map 35-1 Secondary Plan Area

Map 35-2 Structure Plan

Map 35-3 Land Use Designations

Map 35-4 Public Realm Plan

Map 35-5 Movement Strategy

Map 35-6 Built Form Typology