Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

July 21, 2022

CASE NO.:

OLT-22-003921 (Formerly PL160692)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

1066266 Ontario Limited

Appellant:

1282555 Ontario Inc.

Appellant:

1348865 Ontario Inc.

Appellant:

1623707 Ontario Limited; and others

Subject:

Proposed Official Plan Amendment No. 331

Municipality:

City of Toronto

OLT Case No.:

OLT-22-003921

Legacy Case No.:

PL160692

OLT File No.:

OLT-22-003921

Legacy File No.:

PL160692

OLT Case Name:

CIC Management Services 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:

Freed Grand Park Developments Inc.

Subject:

Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment

Existing Designation:

Regeneration Areas

Proposed Designated:

Mixed Use Areas

Purpose:

To permit a phased multi-block mixed use development

Property Address/Description:

Various Addresses

Municipality:

City of Toronto

Approval Authority File No.:

116 168925 WET 06 OZ

OLT Case No.:

OLT-22-003921

Legacy Case No.:

PL160692

OLT File No.:

OLT-22-004073

Legacy File No.:

PL170085

OLT 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:

Freed Grand Park Developments Inc.

Subject:

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:

IC.1, E1.0

Proposed Zoning:

Site Specific (To be determined)

Purpose:

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

OLT Case No.:

OLT-22-003921

Legacy File No.:

PL170086

OLT File No.:

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:

Freed Grand Park Developments Inc.

Subject:

Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment

Existing Designation:

Regeneration Areas

Proposed Designated:

Mixed Use Areas

Purpose:

To permit a phased multi-block mixed use development

Property Address/Description:

Various Addresses

Municipality:

City of Toronto

Approval Authority File No.:

116 168925 WET 06 OZ

OLT Case No.:

OLT-22-003921

Legacy File No.:

PL170190

OLT File No.:

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:

Freed Grand Park Developments Inc.

Subject:

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:

IC.1, E1.0

Proposed Zoning:

Site Specific (To be determined)

Purpose:

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.:

OLT-22-003921

Legacy File No.:

PL170191

OLT File No.:

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:

Dunpar Developments Inc.

Subject:

Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment

Existing Designation:

Regeneration Area

Proposed Designated:

Site specific to permit the proposed development

Purpose:

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

Property Address/Description:

49, 53 & 55 Judson St

Municipality:

City of Toronto

Approval Authority File No.:

15 247232 WET 06 OZ

OLT Case No.:

OLT-22-003921

Legacy File No.:

PL170519

OLT File No.:

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:

Dunpar Developments Inc.

Subject:

Application to amend Zoning By-law No. 569-2013 - Neglect of the City of Toronto to make a decision

Existing Zoning:

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

Proposed Zoning:

Site specific to permit the proposed development

Purpose:

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

Property Address/Description:

49, 53 & 55 Judson St

Municipality:

City of Toronto

Municipality File No.:

15 247232 WET 06 OZ

OLT Case No.:

OLT-22-003921

Legacy File No.:

PL170520

OLT File No.:

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:

Vandyk Properties Inc.

Subject:

Request to amend the Official Plan - Refusal of request by the City of Toronto

Existing Designation:

Regeneration Area

Proposed Designated:

Mixed Use Area.

Purpose:

To permit the development of a 24- and 28-storey mixed use building atop an 8-storey podium

Property Address/Description:

23 Buckingham St

Municipality:

City of Toronto

Approval Authority File No.:

16 269378 WET06 OZ

OLT Case No.:

OLT-22-003921

Legacy File No.:

PL170834

OLT File No.:

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:

1066266 Ontario Limited

Subject:

Request to amend the Official Plan - Refusal of request by City of Toronto

Existing Designation:

Regeneration Area

Proposed Designated:

Mixed Use Area

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

Approval Authority File No.:

16 269352 WET 06 OZ

OLT Case No.:

OLT-22-003921

Legacy File No.:

PL170835

OLT File No.:

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:

CIC Management Services Inc.

Subject:

Failure of the City of Toronto to announce a decision respecting Proposed Official Plan Amendment

Municipality:

City of Toronto

OLT Case No.:

OLT-22-003921

Legacy File No.:

PL171173

OLT File No.:

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:

CIC Management Services Inc.

Subject:

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:

Site specific to permit proposal

Purpose:

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

Municipality File No.:

16 198950 WET 06 OZ

OMB Case No.:

OLT-22-003921

Legacy File No.:

PL171174

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:

Vandyk Properties Inc.

Subject:

Application to amend Zoning By-law No. 569-2013 - Refusal or neglect of the City of Toronto to make a decision

Existing Zoning:

Employment Industrial

Proposed Zoning:

Site Specific (To be determined)

Purpose:

To permit the development of a 24 and 28 storey mixed use building atop an 8-storey podium

Property Address/Description:

23 Buckingham St

Municipality:

City of Toronto

Municipality File No.:

16 269378 WET 06 OZ

LPAT Case No.:

OLT-22-003921

Legacy File No.:

PL180209

LPAT File No.:

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:

1066266 Ontario Limited

Subject:

Application to amend Zoning By-law No. 569-2013- Refusal or neglect of the City of Toronto to make a decision

Existing Zoning:

Employment Industrial

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.:

17 262415 WET 06 OZ

LPAT Case No.:

OLT-22-003921

Legacy Case No.:

PL180240

LPAT File No.:

OLT-22-004105

LPAT Case Name:

1066266 Ontario Limited v. Toronto (City)

BEFORE:

G.C.P. BISHOP ASSOCIATE CHAIR

Thursday, 21st

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, John D. Elvidge,

Speaker 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

To

Newcastle Extension

Grand Avenue terminus at Portland Street

Newcastle Street and Audley Street

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) Blocks "A1", "A2" and "A3" are Mixed Use Areas where uses that 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 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) Blocks "C" and "E" are where rail safety and mitigation measures must be considered in all developments.

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

c) Crude petroleum oil or coal refineries;

d) Ammunition, firearms or firework factories;

e) Concrete batching plants;

f) Primary processing of limestone or gypsum; and

g) Asphalt Plants.

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. 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

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) 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”;

b) 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. “Noise sensitive institutional purpose building” means 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;

c) 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”;

d) 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 Areas; ii. the facade (wall and window) Sound Transmission Class (STC) 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) Any noise mitigation plan may be peer reviewed by a third party acoustical engineer, at the discretion of the City;

f) 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) 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”;

c) 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) The costs of any compatibility studies and mitigation measures will be borne by the owner of the new residential or other sensitive land uses;

e) 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) Any noise mitigation plan may be peer reviewed by a third party acoustical engineer, at the discretion of the City;

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

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

Station;

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

c) 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;

b) Increased bicycle parking; and

c) Space allocated for future expansion of the Bike Share network at Mimico GO Station.

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) Portland Street between Royal York Road and Buckingham Street;

b) Newcastle Street between Royal York Road and Buckingham Street;

c) Windsor Street between Portland Street and Newcastle Street; and

d) 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) Low-rise buildings located west of Royal York Road, including on the south side of Judson Street;

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

Block "C" south of Newcastle Street;

c) Tall buildings only located on Block "C" south of Newcastle Street, adjacent to the previously approved tall building; and

d) 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) Provide a consistent four-storey street wall;

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

c) 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) 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;

b) 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

c) 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) Pre-school programs;

b) Senior day programs; and

c) 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 Community services and facilities will be located within the Secondary Plan Area or in close proximity to resident and employee populations.

7.7 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 of mitigation measures shall be reviewed by third party peer reviewers, retained 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 account commonly used criteria in Ontario for assessing emissions abatement and with the expectation, that where required by the MOECC, the industry shall have a valid Certificate of Approval (C of A) or Environmental Compliance Approval (ECA).

8.4.4 Receptor-based mitigation measures may include, among other things, land use separation, building massing and siting, phasing, buffering, and design mitigation or equivalent measures to address noise, vibration, odour, air 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 appropriate, at the City’s discretion.

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 a proposed sensitive use (and at-source, where applicable) and shall be included in the drawings required to be approved pursuant to the site plan provisions of the Planning Act.

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 measures have been incorporated into the building design in 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 engineers’ certification letters to the City advising that the required mitigation measures, including any mitigation at source, have been inspected and installed in accordance with the approved site plan drawings and the environmental noise/vibration and air emissions reports and/or any 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 NPC 300 guidelines will be registered on title and in the appropriate 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) 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

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

c) Provide detailed guidance for the development of the public realm, including the relationship of buildings to the public realm;

d) Identify location, treatment and character of key components of the public realm;

e) Illustrate cross sections for future works to be carried out in the public rightof- way; and

f) Inform the preparation and evaluation of Detailed Block Plans for consideration by the City.

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) Non-profit childcare facilities;

c) Parkland improvements;

d) Community gardening infrastructure;

e) Affordable housing units;

f) 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.

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

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 ownes 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, 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;

(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 UNDER OLT FILE NOS. PL160692, PL170519 AND PL17052 Schedule A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City at the ownes 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:

i. 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:

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.