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:  
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  
DocuSign Envelope ID: 3BD0D58F-D0CA-4B1A-A348-21E3DD8C1E14  
32  
City of Toronto By-law 532-2016  
SCHEDULE 2  
SITE AND AREA SPECIFIC POLICIES  
[This page intentionally left blank as placeholder for site and area specific policies for Blocks  
"A", "C", "D" and "E"]  
ATTACHMENT 2  
Authority:  
Local Planning Appeal Tribunal (as it was then) Decision issued  
on August 27,  
2018 and Ontario Land Tribunal Order issued on __________, in Tribunal File  
Nos. PL160692,  
PL170519 and PL170520  
CITY OF TORONTO  
BY-LAW No. XXX-2020 (OLT)  
To amend Chapter 304 and 340 of the Etobicoke Zoning Code, as amended,  
with respect to the lands municipally known as 49, 53 and 55 Judson Street.  
Whereas the Local Planning Appeal Tribunal (as it was then), by its Decision  
issued on August 27, 2018 and Ontario Land Tribunal Order issued on  
, in Tribunal File Nos. PL160692, PL170519 and PL170520, approved  
amendments to the Etobicoke Zoning Code, as amended, with respect to the  
lands;  
Whereas the Official Plan for the City of Toronto contains such provisions  
relating to the authorization of increases in the height or density of  
development;  
Whereas pursuant to Section 37 of the Planning Act, a by-law under Section  
34 of the Planning Act may authorize increases in the height or density of  
development beyond those otherwise permitted by the by-law and that will be  
permitted in return for the provisions of such facilities, services or matters as  
are set out in the by-law;  
Whereas subsection 37(3) of the Planning Act provides that where an owner  
of land elects to provide facilities, services or matters in return for an increase  
in the height or density of development, a municipality may require the owner  
to enter into one or more agreements with the municipality dealing with the  
facilities, services and matters; and  
Whereas the owner of the aforesaid lands has elected to provide the facilities,  
services and matters hereinafter set out;  
Whereas pursuant to Section 39 of the Planning Act, the Council of a  
Municipality may, in a by-law passed under Section 34 of the Planning Act,  
authorize the temporary use of land, buildings, or structures for any purpose  
set out therein that is otherwise prohibited by the bylaw; and  
Now therefore pursuant to the Order of the Ontario Land Tribunal, the  
Etobicoke Zoning Code, as amended, is further amended as follows:  
The Council of the City of Toronto enacts:  
1. The Zoning Map referred to in Section 340-5, Article II of the former City  
of Etobicoke Zoning Code, as amended, is hereby amended by changing  
the classification of the lands described in Schedule A attached hereto  
from Class 1 Industrial (I.C1) and Class 2 Industrial (I.C2) to Class 1  
Industrial (I.C1) and Fourth Density Residential Zone (R4).  
2. For the purpose of this By-law:  
A. Building Envelope means the areas delineated by the heavy lines on  
Schedule B of this By-law;  
B. Building He shall mean the vertical distance from Established  
Grade and the highest point of the roof surface of the building, but  
shall exclude permitted Projections; C.  
D.  
structural members essential to the support of a roof over a fully or  
partly enclosed area.  
E.  
on-Residential Gross Floor Area shall mean the sum of the total  
area of each floor level of a building, above and below the grade,  
measured from the exterior of the main wall of each floor level,  
excluding:  
- parking, loading and bicycle parking below grade;  
- required loading spaces at grade level and required bicycle  
parking spaces at or above grade;  
- storage rooms, washrooms, electrical, utility, mechanical and  
ventilation rooms in the basement;  
- voids at the level of each floor with a manufacturing use;  
- shower and change facilities required for required bicycle  
parking spaces;  
- elevator shafts, ventilation duct, utility shafts;  
- utility areas, catwalks, service platforms and a mechanical  
penthouse; and  
- exit stairwells and escalators in the building.  
F. Projections means building elements which may project from the  
main wall of the building into required yards and above the  
permitted heights, including:  
- 1.5 metres for balustrades, bay windows, cornices, decks,  
downspouts, eaves, fences, guardrails, lighting fixtures,  
ornamental elements, railings, splash pads, and vents;  
- 2.1 metres for awnings, balconies, canopies, parapets, planter  
boxes, porches, porticoes, retaining walls, stairs, stairwell  
enclosures, trellises and window sills; and  
- 3.0 metres for acoustic fences.  
G. Residential Gross Floor Area shall mean the sum of the total area  
of each floor level of a building, above and below grade, measured  
from the exterior faces of the exterior wall of each floor level,  
excluding:  
- parking, loading and bicycle parking below established grade;  
- required loading spaces at grade level and required bicycle  
parking spaces at or above established grade;  
- storage rooms, washrooms, electrical, utility, mechanical and  
ventilation rooms in the basement;  
- elevator shafts;  
- garbage shafts;  
- mechanical penthouse; and  
- exist stairwells in the building.  
H. Sound Barrier Eleme means an uninterrupted vertical structure  
located generally as shown in the hatched area on Schedule B . The  
Sound Barrier Element height can be that of the roof of the building  
or the height of a parapet.  
I. Stacked Parking Space means a parking space that is positioned  
above or below another parking space and is accessed only by means  
of an elevating device.  
3. Notwithstanding the provisions of Section 304-33, 304-36, 320-18C of the  
Etobicoke Zoning Code, the following development standards shall now  
be applicable to the lands zoned Class 1 Industrial (I.C1) as described in  
Schedule A  
A. On lands zoned I.C1, the following uses shall be permitted:  
-
Ambulance depot, animal shelter, automated banking machine,  
bindery, carpenters shop, cold storage, custom workshop, dry  
cleaning or laundry plant, financial institution, fire hall,  
industrial sales and service use, kennel, laboratory,  
manufacturing uses, office, park, pet services, police station,  
printing establishment, recreation use service shop, software  
development and processing, veterinary hospital, warehouse  
and wholesaling use;  
-
Eating establishments and take-out eating establishments, up to  
a maximum interior floor area of 500 square metres;  
-
-
medical office, up to a maximum of Non-Residential Gross  
Floor Area of 1,500 square metres;  
renewable energy production, in combination with another  
permitted use on the Lands, and in compliance with all  
Municipal, Provincial and Federal By-laws;  
-
-
Retail services, up to a maximum interior floor area of 500  
square metres; and  
Retail store, which must be ancillary to any permitted use; B.  
On lands zoned I.C1, the following uses are not permitted:  
-
artist studio, building supply yards, contractors establishment,  
public works yard, body rub service, cogeneration energy,  
crematorium, metal factory involving foraging and stamping,  
open storage, performing arts studio, production studio, public  
utility, recovery facility, shipping terminal, transportation use,  
vehicle depot, vehicle fuel station, vehicle repair shop, vehicle  
service shop, vehicle washing establishment;  
-
-
stand-alone major retail developments with over 6,000 square  
metres or more of retail gross floor area,  
abattoir, slaughterhouse or rendering of animals factory;  
ammunition, firearms or fireworks factor; asphalt plant; cement  
plant or concrete batching plant; crude petroleum oil or coal  
refinery; explosives factory; industrial gas manufacturing;  
large scale smelting or foundry operations for the primary  
processing of metals; pesticides or fertilizers manufacturing;  
petrochemical manufacturing; primary processing of gypsum;  
primary processing of limestone; primary processing of  
oilbased paints; oil-based coatings or adhesives; pulp mill,  
using pulpwood or other vegetables fibres; resin, natural or  
synthetic rubber manufacturing; and tannery; and  
-
Noise sensitive commercial purpose buildings and noise  
sensitive institutional purpose buildings, defined as follows:  
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.  
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.  
C. Residential visitor parking spaces serving residential uses in the  
abutting R4 zone are permitted, the use of which may be shared with  
the non- residential uses.  
D. A maximum non-residential Gross Floor Area of 7,500 square  
metres shall be permitted on the lands zoned I.C1.  
E. A minimum non-residential Gross Floor Area of 0.15 times the area  
of the lot shall be required on the lands zoned I.C1.  
F. No portion of any above grade structure erected or used on the lands  
zoned I.C1 shall extend beyond the heavy lines on Schedule B  
attached hereto, with the exception of any Projections.  
G. The maximum Building Height permitted on the lands zoned as I.C1  
shall be as identified on Schedule B attached hereto, with the  
exception of any Projections.  
H. The minimum height of the Sound Barrier Element shall be 13.8  
metres above Established Grade as shown on Schedule B attached  
hereto.  
I. A minimum of 121 parking spaces for all non-residential uses must  
be provided on lands zoned I.C1, of which 14 will be residential  
visitor parking spaces.  
J. In addition to the parking spaces required by paragraph I above, a  
minimum of 1.5 parking spaces must be provided for every 100  
square metres of NonResidential Gross Floor Area in excess of 6000  
square metres.  
K. A minimum of 12 short-term bicycle spaces and a minimum of 8  
long- term bicycle parking spaces shall be provided for non-  
residential uses.  
L. A minimum of one loading space shall be provided with a length of  
11 metres and a width of 3.5 metres and a minimum of one loading  
space shall be provided with a length of 6 metres and a width of 3.5  
metres.  
M. The minimum parking space dimension for a parking space shall be  
5.6 metres in length by 2.6 metres in width and may be obstructed  
on two sides without reducing the required minimum dimension.  
4. Notwithstanding the provisions of Section 340-16, 340-17, 340-21, 340-  
28, 340- 29, 340-30, 340-32B(2)(a) and 340-35 of the Etobicoke Zoning  
Code, the following development standards shall now be applicable to the  
lands zoned Fourth Density Residential Zone (R4) as described in  
Schedule A :  
A. The only permitted uses on the lands zoned R4 shall be Townhouse  
Dwelling Units, as well as accessory uses including garbage storage  
buildings and private amenity areas for individual units.  
B. No portion of any above grade structure shall be erected or used on  
the lands zoned R4 unless an above grade structure, including  
parapets and the required Sound Barrier Element(s), has been  
erected on the lands zoned I.C1.  
C. No portion of any above grade structure erected or used on the lands  
zoned R4 shall extend beyond the heavy lines on Schedule B  
attached hereto, with the exception of any Projections.  
D. The maximum Building Height permitted on the lands zoned as R4  
shall be as identified on Schedule B attached hereto, with the  
exception of any Projections.  
E. The elevation of the underside of the soffit immediately above the  
highest window shall be no higher than 1.25 metres below the height  
of the Sound Barrier Element, as constructed on the lands zoned  
I.C1.  
F. In addition to 4E above, the elevation of the finished floor level of  
any rooftop amenity area/terrace must be no higher than 2.15 metres  
below the height of the Sound Barrier Element, as located and  
constructed on the lands zoned I.C1.  
G. A maximum residential Gross Floor Area of 11,500 square metres  
shall be permitted on the lands zoned R4.  
H. A maximum of 72 Townhouse Dwelling Units shall be permitted on  
the lands zoned R4.  
I. Townhouse Dwelling Units shall have 2 or more bedrooms, with a  
minimum unit size of 135 square metres.  
J. Not less than 1,800 square metres of the lands zoned R4 shall be  
provided for landscaped open space.  
K. Parking spaces for residential uses shall be provided at a minimum  
rate of  
1.0 space per Townhouse Dwelling unit.  
L. Parking spaces for visitors shall be provided at a minimum rate of  
0.2 parking spaces per Townhouse Dwelling unit, which shall be  
located in the lands zoned I.C1.  
M. The minimum parking space dimension for a parking space shall be  
5.6 metres in length by 2.6 metres in width and may be obstructed  
on two sides without reducing the required minimum dimension.  
Stacked parking spaces are permitted.  
5. None of the provisions of this By-law or the Etobicoke Zoning Code, as  
amended, shall apply to prevent the erection and use of a temporary sales  
office on the Lands for a period of not more than 3 years from the date of  
this By-law, to be used exclusively for the purpose of marketing and sales  
of non-residential or residential units to be erected on the Lands.  
6. Notwithstanding any severance, partition or division of the lands shown  
on Schedule A , the regulations of this By-law shall continue to apply to  
the whole of the lands as if no severance, partition or division had  
occurred.  
7. Section 37 Provisions  
(A) Pursuant to Section 37 of the Planning Act, and subject to compliance  
with this Bylaw, the increase in height and density of the development  
is permitted beyond that otherwise permitted on the lands shown on  
Schedule  
in return for the provision by the owner, at the owner's  
expense of the facilities, services and matters set out in Schedule C  
hereof and which are secured by one or more agreements pursuant to  
Section 37(3) of the Planning Act that are in a form and registered on  
title to the lands, to the satisfaction of the City Solicitor.  
(B) Where Schedule  
of this By-law requires the owner to provide certain  
facilities, services or matters prior to the issuance of a building permit,  
the issuance of such permit is dependent on satisfaction of the same.  
(C) The owner must not use, or permit the use of, a building or structure  
erected with an increase in height and density pursuant to this By-law  
unless all provisions of Schedule C are satisfied.  
8. Chapter 324, Site Specifics, of the Etobicoke Zoning Code is hereby  
amended to include reference to this By-law by adding the following to  
Section 324-1, Table of Site Specific By-laws:  
BY-LAW NUMBER AND  
ADOPTION DATE  
DESCRIPTION OF PURPOSE OF BY-LAW PROPERTY  
Lands located on the south To rezone the lands from side of  
Judson Street, west of Class 2 Industrial (I.C2) to  
Royal York Road, Fourth Density Residential municipally  
known as 49-55 Zone (R4) and Class 1  
Judson Street  
Industrial (I.C1) to permit  
townhouse dwelling units and  
commercial uses, subject to  
site-specific development  
standards  
PURSUANT TO THE DECISION OF THE LOCAL PLANNING APPEAL TRIBUNAL (AS IT  
WAS THEN) ISSUED ON AUGUST 27, 2018, AND ONTARIO LAND TRIBUNAL  
ORDER ISSUED _____ UNDER OLT FILE NOS. PL160692, PL170519 and PL17052  
Schedule  
Section 37 Provisions  
The facilities, services and matters set out below are required to be provided to  
the City at the owne s expense in accordance with this By-law and as further  
specified in one or more agreements pursuant to Section 37(3) of the Planning  
Act, in a form satisfactory to the City with conditions providing for indexing  
escalation of both the financial contributions and letters of credit, development  
charges, indemnity, insurance, GST, HST, termination and unwinding, and  
registration and priority of the agreement in return for the increase in height  
and/or density of the proposed development on the lands as follows, all to the  
satisfaction of the Chief Planner:  
(1) Prior to the issuance of the first above grade building permit for the  
residential component of the development, the owner shall provide  
confirmation, through its solicitor, that:  
(a) It has registered on title to the site an easement in favour of  
Metrolinx, being an environmental easement for noise; and  
(b) It has registered in favour of Metrolinx a permanent access  
easement over approximately 48 square meters of land at the  
southeast corner of the site for maintenance road access.  
(2) Prior to the issuance of any above grade building permit for the  
residential component of the development, the owner shall convey  
lands necessary to achieve a 23 metre right of way for Judson Street,  
in accordance with the City's environmental policies.  
(3) Prior to the issuance of the first above-grade building permit for the  
lot, the owner shall:  
a. have entered into a site plan agreement securing the landscaping  
improvements and 4-metre wide multi-use trail adjacent to the Site.  
(4) Prior to the issuance of any above grade building permit for the  
residential component of the development, the owner must  
demonstrate that the commercial component of the development,  
including all related noise mitigation measures to be constructed  
within the commercial area, has been substantially completed and  
that the commercial component of the development is materially  
higher than the residential component for the purpose of acting as a  
sound barrier for the residential component.  
(5) Prohibition of residential occupancy until April 1, 2021, at the  
earliest.  
(6) The following matters are to be secured in the Section 37 Agreement  
as a legal convenience to support the development:  
a. Details respecting improvements to the Mimico-Judson  
Greenway adjacent to the site, including landscaping and a 4 metre  
wide multi-use trail have been provided to the City.  
b. Provisions to secure measures relating to environmental noise,  
required to ensure land use compatibility with nearby employment  
uses, including but not limited to:  
i. prescribing a process upon which Metrolinx will be  
provided with site plan application and building permit  
application materials from the owner and reasonable  
opportunities to comment on such applications to the  
City, which comments the City shall have regard to  
when determining whether to grant site plan approval  
and building permits;  
ii. prescribing a process pursuant to which noise impacts  
will be mitigated for outdoor amenity areas located on  
all of the lands subject to this by-law in accordance with  
the document titled  
with the Chief Planner;  
iii. prescribing a process for calculating upgraded facades  
for sensitive uses on all of the lands subject to this by-  
law in the document titled  
with the Chief Planner;  
c.Requirements that prior to site plan approval:  
iv. warning clauses will be registered on title to all of the  
lands subject to this by-law advising of the Class 4 area  
designation and proximity of the Willowbrook Rail  
Maintenance Facility to the proposed development; and  
v. an environmental easement for noise will be granted by  
the owner in favour of Metrolinx.  
ATTACHMENT 3  
Authority:  
Local Planning Appeal Tribunal (as it was then) Decision issued on August 27,  
2018 and Ontario Land Tribunal Order issued on __________, in Tribunal File Nos. PL160692,  
PL170519, and PL 170520  
CITY OF TORONTO  
BY-LAW No. XXX-2020 (OLT)  
To amend City of Toronto By-law No. 569-2013, as amended, with respect to the lands  
municipally known as 49-55 Judson Street.  
Whereas the Local Planning Appeal Tribunal (as it was then), by its Decision issued on  
August 27, 2018 and Order issued by the Ontario Land Tribunal on _______, in Tribunal  
File Nos. PL160692, PL170519 and PL170520 and approved amendments to City of  
Toronto Zoning Bylaw No. 569-2013, as amended, with respect to the lands;  
Whereas the Official Plan for the City of Toronto contains such provisions relating to the  
authorization of increases in the height or density of development;  
Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the  
Planning Act may authorize increases in the height or density of development beyond those  
otherwise permitted by the by-law and that will be permitted in return for the provisions of  
such facilities, services or matters as are set out in the by-law;  
Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects  
to provide facilities, services or matters in return for an increase in the height or density of  
development, a municipality may require the owner to enter into one or more agreements  
with the municipality dealing with the facilities, services and matters; and  
Whereas the owner of the aforesaid lands has elected to provide the facilities, services and  
matters hereinafter set out;  
Whereas pursuant to Section 39 of the Planning Act, the Council of a Municipality may, in  
a by-law passed under Section 34 of the Planning Act, authorize the temporary use of land,  
buildings, or structures for any purpose set out therein that is otherwise prohibited by the  
bylaw; and  
Now therefore pursuant to the Order of the Ontario Land Tribunal, By-law No. 569-2013 of  
the City of Toronto, as amended, is further amended as follows:  
1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached  
to this By-law.  
2. The words highlighted in bold type in this By-law have the meaning provided in Zoning  
By-law No. 569-2013, Chapter 800 Definitions.  
3. Map 990.1 of Zoning By-law No. 569-2013, as amended, is amended by rezoning the  
lot from E 1. and E 1.0 (x54) to E (x30) and RT (x170) , as identified on Diagram 2.  
4. Zoning By-law No. 569-2013, as amended, is further amended by adding Exception  
Number 170 to Article 900.5.10 as follows:  
EXCEPTION RT 170  
The lands or a portion thereof as noted below, are subject to the following Site Specific  
Provisions, Prevailing By-laws and Prevailing Sections.  
Site Specific Provisions:  
(A) On 49-55 Judson Street, if the requirements of Section 8 and Schedule A of  
By-law [Clerks to supply by-law#] are complied with, a building or structure,  
addition or enlargement may be erected or used if it is in compliance with (B)  
to (O) below.  
(B) For the purpose of this exception the lot is the land outlined by heavy lines on  
Diagram 1 of By-law [Clerk to supply by-law #].  
(C) No portion of any building or structure may be erected unless a building or  
structure, including parapets and acoustic fences, has been fully erected within  
the E (x30) zone as shown on Diagram 2 of by-law [Clerk to supply by-law #].  
(D) Despite Clause 10.60.40.70, any building or structure erected or used above the  
Canadian Geodetic Datum elevation of 94.3 metres must be located no closer to  
a lot line or other building on the lot and within the building areas delineated by  
the heavy lines as shown on Diagram 3 of By-law [Clerk to supply by-law #].  
(E) Despite Regulation 10.60.40.10(1), no portion of any building or structure  
erected on the lot within the RT (x170) zone may exceed the height limits in  
metres specified by the numbers following the symbol  
as shown on  
Diagram 3 of By-law [Clerk to supply by-law #], measured from the Canadian  
Geodetic Datum elevation of 94.3 metres.  
(F) The elevation of the underside of the soffit immediately above the highest  
window must be no higher than 1.25 metres below the height of the Sound  
Barrier Element, as located and constructed on the lands zoned E(x30) as shown  
on Diagram 2 and Diagram 3 of By-law [Clerk to supply by-law #].  
(G) In addition to (F) above, the elevation of the finished floor level of any rooftop  
amenity area/terrace must be no higher than 2.15 metres below the height of the  
Sound Barrier Element, as located and constructed on the lands zoned E(x30) as  
shown on Diagram 2 and Diagram 3 of By-law [Clerk to supply by-law #].  
(H) Despite Clause 10.5.40.60, the following elements of a building may project  
beyond the heavy building lines and above the heights shown on Diagram 3 of  
By-law [Clerk to supply by-law #] to a maximum of:  
(i) 1.5 metres, for balustrades, bay windows, cornices, decks, downspouts,  
eaves, fences, guardrails, lighting fixtures, ornamental elements,  
railings, splash pads, and vents;  
(ii) 2.1 metres, for awnings, balconies, canopies, parapets, planter boxes,  
porches, porticoes, retaining walls, stairs, stairwell enclosures, trellises,  
wheelchair ramps and window sills; and  
(iii) 3.0 metres, for acoustic fences.  
(I) The total gross floor area of all buildings and structures on the lot must not  
exceed 11,500 square metres.  
(J) A maximum of 72 townhouse dwelling units are permitted.  
(K) Each townhouse dwelling unit must have:  
(i) 2 or more bedrooms, and  
(ii) a minimum interior floor area of 135 square metres.  
(L) Despite Regulation 10.60.40.1(3), the required minimum width of a dwelling  
unit in a townhouse is 4.5 metres.  
(M) Despite Clause 10.5.50.10, a minimum of 1,800 square metres of the lot must be  
used for landscaping.  
(N) Required visitor parking spaces for the Townhouse Dwelling Units must be  
located on the lot as shown on Diagram 1 of By-law [Clerk to supply by- law #].  
(O) Despite Regulation 200.5.1.10(2), the minimum parking space dimension is 5.6  
metres in length by 2.6 metres in width by 2.0 metres in vertical clearance and  
may be obstructed on two sides without increasing the required minimum  
dimension.  
Prevailing By-laws and Prevailing Sections: (None Apply)  
5. Zoning By-law No. 569-2013, as amended, is further amended by adding  
Exception Number 30 to Article 900.20.10 as follows:  
EXCEPTION E 30  
The lands or a portion thereof as noted below, are subject to the following Site  
Specific Provisions, Prevailing By-laws and Prevailing Sections.  
Site Specific Provisions:  
(A) On 49-55 Judson Street, a permitted building or structure, addition or  
enlargement may be erected if it is in compliance with (B) to (S) below.  
(B) For the purpose of this exception the lot is the parcel of land outlined by  
heavy lines on Diagram 1 of By-law [Clerk to supply by-law #].  
(C) A Sound Barrier Element, constructed on the lands zoned E (x30), must be  
an unbroken vertical structure located generally as shown in the hatched area  
on Diagram 3 of By-law [Clerk to supply by-law #]. The top of the Sound  
Barrier Element must be no lower than 13.8 metres above the Canadian  
Geodetic Datum elevation of 94.3 metres  
(D) In addition to the uses permitted by Regulation 60.20.20.10(1) and  
60.20.20.20(1), medical office, veterinary hospital and recreation use are  
permitted, but the following uses are not permitted:  
(i) artist studio, building supply yards, contractor s establishment, public  
works yard, body rub service, cogeneration energy, crematorium, metal  
factory involving foraging and stamping, open storage, performing arts  
studio, production studio, public utility, recovery facility, shipping  
terminal, transportation use, vehicle depot, vehicle fuel station, vehicle  
repair shop, vehicle service shop, vehicle washing establishment;  
(ii) stand-alone major retail developments with over 6,000 square metresor  
more of retail gross floor area, 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; and  
(iii) Noise sensitive commercial purpose buildings and noise sensitive  
institutional purpose buildings, defined as follows:  
(a)  
building used for  
a commercial purpose that includes one or more habitable rooms  
used as sleeping facilities such as a hotel; and  
(b)  
s a building used for  
an 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.  
(E) Despite Clause 200.5.10.1, residential visitor parking spaces serving  
residential uses in the abutting RT (x170) zone as shown on Diagram 2 of  
By-law [Clerk to supply by-law #] may be located on the E (x30) zone as on  
Diagram 2 of By-law [Clerk to supply by-law #], the use of which may be  
shared with the non-residential uses.  
(F) Despite Regulation 60.20.20.100(3), the total interior floor area of eating  
establishments and take-out eating establishments must not exceed 500  
square metres and the total interior floor area of retail services must not  
exceed 500 square metres.  
(G) Despite Regulation 60.20.20.100(4)(A), a retail store must be ancillary to a  
permitted use on the lot within the E (x30) zone.  
(H) Despite Clause 60.20.40.70, any portion of a building or structure erected or  
used above grade must be located within the building areas delineated by the  
heavy lines as shown on Diagram 3 of By-law [Clerk to supply by-law #].  
(I) Despite Clause 60.20.40.10, no portion of any building or structure may  
exceed the height limits in metres specified by the numbers following the  
symbol  
as shown on Diagram 3 of By-law [Clerk to supply by-law #],  
measured from the Canadian Geodetic Datum elevation of 94.3 metres.  
(J) Nothing in subsection (H) or (I) of this exception prevents the following  
elements of a building from projecting beyond the heavy lines and above the  
heights shown on Diagram 3 of By-law [Clerk to supply by-law #] to a  
maximum of:  
i. 1.5 metres, for balustrades, bay windows, cornices, decks, downspouts, eaves,  
fences, guardrails, lighting fixtures, ornamental elements, railings, splash pads,  
stairs, stairwell enclosures and vents;  
ii. 2.1 metres, for awnings, balconies, canopies, parapets, planter boxes, porches,  
porticoes, retaining walls, stairs, stairwell enclosures, trellises, wheelchair  
ramps and window sills; and iii. 3.0 metres, for acoustic fences.  
(K) The minimum height of the Sound Barrier Element must be 13.8 metres  
above the Canadian Geodetic Datum elevation of 94.3 metres.  
(L) The total gross floor area of all buildings and structures located on the lot  
must not exceed 7,500 square metres.  
(M) A minimum non-residential gross floor area of 0.15 times the area of the lot,  
based on the area of lands zoned RT (x170) and E (x30) is required on the  
lands zoned E (x30) as shown on Diagram 2 of By-law [Clerk to supply by-  
law#].  
(N) A maximum of 1,500 square metres of medical offices are permitted on the  
lands zoned E (x30) as shown on Diagram 2 of By-law [Clerk to supply by-  
law#].  
(O) A minimum of 121 parking spaces for all non-residential uses must be  
located on lands zoned E (x30) as shown on Diagram 2 of By-law [Clerk to  
supply by-law#], of which 14 must be residential visitor parking spaces.  
(P) In addition to the parking spaces required by (O) above, a minimum of 1.5  
parking spaces must be provided for every 100 square metres of  
nonresidential gross floor area in excess of 6000 square metres.  
(Q) Despite Regulation 230.5.10.1(1), a minimum of 12 short-term bicycle  
parking spaces and a minimum of 8 long-term bicycle parking spaces must  
be provided.  
(R) Despite regulation  
200.5.1.10(2), the  
minimum parking space  
dimension is 5.6 metres in length by 2.6 metres in width by 2.0 metres in  
vertical clearance and may be obstructed on two sides without increasing the  
required minimum dimension.  
(S) Despite Clause 220.5.10.1, a total of 1 Type B and 1 Type C loading spaces  
must be provided.  
Prevailing By-laws and Prevailing Sections:  
(A) City of Toronto By-law 339-2012.  
6.None of the provisions of By-law No. 569-2013, as amended, apply to  
prevent the erection and use of a temporary sales office on the lot for a  
period of not more than 3 years from the date of this by-law. For the  
purposes of this By-law, a temporary sales office means a building or  
structure used exclusively for the purpose of marketing, sales and  
leasing of units in a non- residential building or a residential building  
on the lot.  
7.Except as otherwise stated, By-law 339-2012 continues to apply to the  
lot.  
8.Despite any severance, partition or division of the lands shown on  
Diagram 1, the regulations of this By-law continue to apply to the whole  
of the lands as if no severance, partition or division had occurred.  
9.Section 37 Provisions  
(A) Pursuant to Section 37 of the Planning Act, and subject to  
compliance with this By-law, the increase in height and  
density of the development is permitted beyond that  
otherwise permitted on the lands shown on Diagram 1 in  
return for the provision by the owner, at the owner's expense  
of the facilities, services and matters set out in Schedule A  
hereof and which are secured by one or more agreements  
pursuant to Section 37(3) of the Planning Act that are in a  
form and registered on title to the lands, to the satisfaction of  
the City Solicitor.  
(B) Where Schedule A of this By-law requires the owner to  
provide certain facilities, services or matters prior to the  
issuance of a building permit, the issuance of such permit is  
dependent on satisfaction of the same.  
(C) The owner must not use, or permit the use of, a building or  
structure erected with an increase in height and density  
pursuant to this By-law unless all provisions of Schedule A  
are satisfied.  
PURSUANT TO THE DECISION OF THE LOCAL PLANNING APPEAL TRIBUNAL  
(AS IT WAS THEN), ISSUED ON AUGUST 27, 2018 AND ORDER ISSUED BY THE  
ONTARIO  
LAND TRIBUNAL ON  
PL17052 Schedule A  
UNDER OLT FILE NOS. PL160692, PL170519 AND  
Section 37 Provisions  
The facilities, services and matters set out below are required to be provided to the City  
at the owne s expense in accordance with this By-law and as further specified in one or  
more agreements pursuant to Section 37(3) of the Planning Act, in a form satisfactory to  
the City with conditions providing for indexing escalation of both the financial  
contributions and letters of credit, development charges, indemnity, insurance, GST,  
HST, termination and unwinding, and registration and priority of the agreement in return  
for the increase in height and/or density of the proposed development on the lands as  
follows, all to the satisfaction of the Chief Planner:  
(1)  
Prior to the issuance of the first above grade building permit for the residential  
component of the development, the owner shall provide confirmation, through its  
solicitor, that:  
(a) It has registered on title to the site an easement in favour of Metrolinx, being an  
environmental easement for noise; and  
(b) It has registered in favour of Metrolinx a permanent access easement over  
approximately 48 square meters of land at the southeast corner of the site for  
maintenance road access.  
(2)  
Prior to the issuance of any above grade building permit for the residential  
component of the development, the owner shall convey lands necessary to achieve  
a 23 metre right of way for Judson Street, in accordance with the City's  
environmental policies.  
(3)  
(4)  
Prior to the issuance of the first above-grade building permit for the lot, the owner  
shall:  
i.  
have entered into a site plan agreement securing the landscaping  
improvements and 4-metre wide multi-use trail adjacent to the Site.  
Prior to the issuance of any above grade building permit for the residential  
component of the development, the owner must demonstrate that the commercial  
component of the development, including all related noise mitigation measures to  
be constructed within the commercial area, has been substantially completed and  
that the commercial component of the development is materially higher than the  
residential component for the purpose of acting as a sound barrier for the  
residential component.  
(5)  
(6)  
Prohibition of residential occupancy until April 1, 2021, at the earliest.  
The following matters are to be secured in the Section 37 Agreement as a legal  
convenience to support the development:  
i.  
Details respecting improvements to the Mimico-Judson Greenway adjacent  
to the site, including landscaping and a 4 metre wide multi-use trail have  
been provided to the City.  
ii. Provisions to secure measures relating to environmental noise, required to  
ensure land use compatibility with nearby employment uses, including but  
not limited to:  
i. prescribing a process upon which Metrolinx will be provided with  
site plan application and building permit application materials from  
the owner and reasonable opportunities to comment on such  
applications to the City, which comments the City shall have regard  
to when determining whether to grant site plan approval and building  
permits;  
ii. prescribing a process pursuant to which noise impacts will be  
mitigated for outdoor amenity areas located on all of the lands subject  
to this by-law in accordance with the document titled  
with the Chief Planner;  
iii.prescribing a process for calculating upgraded facades for sensitive  
uses on all of the lands subject to this by-law in the  
PL160692, on file with the Chief Planner;  
iii.Requirements that prior to site plan approval:  
i. warning clauses will be registered on title to all of the lands subject to this by-  
law advising of the Class 4 area designation and proximity of the Willowbrook  
Rail Maintenance Facility to the proposed development; and  
ii. an environmental easement for noise will be granted by the owner in favour of  
Metrolinx.  


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