17 Amendments to Official Plan and Zoning By-Law 438-86

CITY CLERK

Clause embodied in Report No. 2 of the Downtown Community Council, as adopted by the Council of the City of Toronto at its meeting held on March 6, 7 and 8, 2001.

Amendments to Official Plan and Zoning By-law 438-86 - Leslie-Lakeshore Developments Inc. 199019 - 731 Eastern Avenue (Toronto-Danforth, Ward 30)

(City Council at its meeting held on March 6, 7 and 8, 2001, adopted the following recommendation:

“It is recommended that the report dated March 5, 2001, from the Commissioner of Urban Development Services, embodying the following recommendations, be adopted, viz.:

‘It is recommended that City Council:

(2) authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required, and instruct the City Solicitor and the Commissioner of Urban Development Services to attend at the Ontario Municipal Board in support of the amendments proposed in this report;

(3) request the Ontario Municipal Board to withhold the issuance of its Order approving the Official Plan or Zoning By-law Amendments for 731 Eastern Avenue until such time as all site planning matters, including traffic ingress and egress, have been resolved and the applicant has entered into a Site Plan Agreement under Section 41 of the Planning Act;

(4) request that the Commissioner of Urban Development Services hold a community consultation meeting on March 26, 2001 at Bruce Public School, prior to the Ontario Municipal Board hearing, to discuss the status of the application and the findings of the Eastern Avenue study; and

(5) request the Commissioner of Urban Development Services to report further on the Draft Urban Design Guidelines, attached in Appendix C, for the study area south of Eastern Avenue.”) Toronto City Council 2 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

The Downtown Community Council submits this matter to Council without recommendation.

The Downtown Community Council reports, for the information of Council, having:

(1) requested the Commissioner of Urban Development Services to meet with the applicant and report directly to Council on:

(a) the concerns raised by the deputants and the communications received;

(b) means to reduce auto-dependency including applicable parking standards; and

(c) other concerns raised by the Downtown Community Council, such as increasing “employment uses” and value-added activity; achieving a relocation or improved integration of the Tim Horton’s/Wendy’s establishment; the enhancement of urban design at the “liberated” intersection of Leslie Street and Lake Shore Boulevard East;

(2) recognizing that the report (January 30, 2001) from the Director, Community Planning, South District, community input and the applicant’s representative, at the Downtown Community Council meeting held on February 13, 2001, indicated that a “baby box” development, with a regional retail draw, is not the desired or intended use, requested the Commissioner of Urban Development Services to meet with the applicant and report directly to Council on a further size reduction and further use restrictions for retail and service uses proposed in this application;

(3) requested the Commissioner of Urban Development Services to hold a community consultation meeting prior to the Ontario Municipal Board hearing in April, 2001, to discuss the status of the application and the findings of the report (January 30, 2001) from the Director, Community Planning, South District, and to forward the recommendations arising from the community meeting to the Ontario Municipal Board;

(4) directed that the site plan review for this application be the subject of a community meeting and report to the Downtown Community Council; and

(5) directed that the Leslieville Business Association be included in future dialogue with respect to this matter.

The Downtown Community Council submits the following report (January 30, 2001) from the Director, Community Planning, South District:

Purpose:

This report reviews the merits of an application within the context of a planning study for the south of Eastern area and recommends approval to amend the Official Plan and the Zoning By-law to permit 2,900 m2 of additional retail space at 731 Eastern Avenue. The report also recommends a position for the pending Ontario Municipal Board hearing on this matter. Toronto City Council 3 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations: It is recommended that City Council:

(1) approve the proposed approach to amend the Official Plan and Zoning By-law for the former City of Toronto as they apply to 731 Eastern Avenue substantially in accordance with the draft Official Plan and Zoning By-law Amendments contained in Appendix C to this report; (2) authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required and instruct the City Solicitor and the Commissioner of Urban Development Services to attend at the Ontario Municipal Board in support of the amendments proposed in this report;

(3) request that as a condition of any approval of Official Plan or Zoning By-law amendments for 731 Eastern Avenue, the applicant be required to enter into a Site Plan Agreement under Section 41 of the Planning Act prior to the issuance of any Board Order; (4) request that the Commissioner of Urban Development Services hold a community consultation meeting prior to the Ontario Municipal Board hearing in April, 2001, to discuss the status of this application and the findings of this report; and

(5) request the Commissioner of Urban Development Services to report further on the Urban Design Guidelines for the study area south of Eastern Avenue between the Don Valley and Woodfield Road including the Lake Shore Boulevard Green Corridor.

Background:

Proposal

The applicant is seeking amendments to the Official Plan and Zoning By-law for 731 Eastern Avenue to redesignate the site from Restricted Industrial Area to General Use Area and from I2 to IC zoning in order to permit a broader range of uses including office, retail and live-work at this location. The applicant is proposing a 2,900 m2 cap on the size of any one retail or service use on the lot. There is no specific building proposed at this time and the applicant has not filed a Site Plan Approval application. The site currently contains a 532.7 m2 Tim-Wen restaurant and drive-thru and is otherwise vacant.

Application History

An application to redesignate the site at 731 Eastern Avenue was submitted to the City in 1999 and supplemented with a supporting study in January 2000. This study was requested by staff as the Part I Official Plan requires that a redesignation of Restricted Industrial land be done only in the context of an area study. Toronto City Council 4 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

The applicant’s request to redesignate is based on their submission that it will allow for more flexibility to consider alternative development scenarios in the future given changing market conditions. The applicant has asked that the planning permissions be opened and flexible in order to provide for a variety of options as well as some certainty for possible uses. Given the changes taking place in this area, including business reinvestment, the recent vacancy of land and buildings and the dismantling of the Gardiner Expressway extension, I am of the view that this is an appropriate time to consider the request.

The applicant wishes to resolve further details including design and traffic at a later date with the submission of a site plan application.

On May 23, 2000, Toronto Community Council had before it the Preliminary Report recommending a community meeting be held to discuss this application with the neighbourhood and directed staff to undertake a policy review. Prior to the meeting being held on September 18, 2000, the applicant appealed the application to the Ontario Municipal Board. The hearing is scheduled for April 17, 2001 with a prehearing conference set for February 22, 2001.

Staff have undertaken a planning study to review the “Restricted Industrial Area” designation as required by Council policy in order to consider the applicant’s request to change the designation to “General Use Area” for this site. The applicant’s planning study has assisted in this regard.

Revisions to the application

In the original appeal letter to the Ontario Municipal Board, dated August 2000, the applicant submitted a site specific by-law for the site to permit office uses, live-work units, restaurants, retail and service shop uses having a maximum combined residential and non-residential gross floor area of 3700 m2. In addition, draft by-laws to change the land use designations for 731 Eastern Avenue from Restricted Industrial Area to General Use Area and from I2 to IC were submitted. As of January 10, 2001, the applicant advised the City of revisions to their proposed by-laws. They have modified their Official Plan and Zoning By-law amendments to permit “single retail or service uses not to exceed 2,900 m2” within the 1 times the lot area commercial maximum permission proposed with the IC zoning and to introduce a 45 metre height limit. The applicant’s “retail cap” suggests that retail be capped based on a “single use” or unit by unit basis instead of capping the retail uses based on the lot.

The applicant’s January 2000 planning study filed in support of the application to change the designations contained traffic assessment, market impact and urban design analysis. While the applicant was requesting one times commercial permission for the site, the market and urban design analysis in the study used a 2,878 square metre retail building as a realistic scenario on which to test the impacts. The traffic assessment used a 2,897 m2 supermarket and a small amount of office space to test impacts. These scenarios have been discussed between the applicant and the City, with a supermarket option being presented to the community.

It has been assumed for the purposes of this report that the applicant’s “retail cap” of 2,900 m2 proposed in their January 2001 letter to the OMB is premised on the scenario analysed in their January 2000 planning study. Toronto City Council 5 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

To date, no application for site plan approval has been submitted to the City for 731 Eastern Avenue. The applicant has been advised on January 6, 2000 and October 17, 2000, by the Commissioner of Works and Emergency Services that further traffic impact analysis is required to be submitted with the application for Site Plan Approval.

This matter is being brought forward by staff now to recommend a planning approach to respond to the applicant’s draft by-laws for the upcoming OMB hearing.

Site and Surrounding Area

This irregular shaped site is approximately 14,410 m2 in size (1.44 hectares) and situated on the west side of Leslie Street between Mosley Street and Lake Shore Boulevard. It is one of the smaller land parcels in an area comprised of generally large industrial sites. Only a small portion of the north property line fronts directly onto Eastern Avenue as Eastern Avenue curves to the north at this location. Presently, a Tim Horton’s and Wendy’s Restaurant with a drive-thru occupy the eastern portion of the site.

To the north of this site sits the low density residence neighbourhood known as South Riverdale. To the south of Lakeshore Boulevard are the Port Lands.

Directly to the west of the site are two industrial properties known as Canada Metals and the A. R. Clarke site. Further to the west are other industrial lands and a pocket of mixed industrial-residential uses. To the east of the site, across Leslie Street, is a Loblaw’s store and several smaller retail stores and beyond this, a City Works yard.

Current Official Plan and Zoning By-law

The site is designated Restricted Industrial Area and is zoned I2 D5. This zone permits a variety of industrial uses and a limited range of retail and service uses. The density limit is 5 times the area of the lot and there is a height limit of 18 metres that runs along the north limit of the property for a width of 36.6 metres. There is no height limit for the southern portion of the site.

The site is also situated within the Lake Shore Boulevard and South Riverdale Community Improvement Plan, a plan developed to address the need for improvements in relation to the demolition of the Gardiner Expressway extension.

Community Consultation A community consultation meeting was held on September 18, 2000, to discuss this application with the neighbourhood. Issues raised included the need for a grocery store in the neighbourhood given the recent closure of Knob Hill Farm stores and the concern with traffic ingress and egress on the site given the problems generated now with the fast food outlet. In addition, written submissions were received from the solicitors for Loblaws Properties Limited, the future owners of 633 Eastern Avenue (the former A.R. Clarke site), and South Riverdale Community Health Centre.

Further community consultation is warranted prior to the OMB hearing in April in order to discuss the status of the application and the findings of this report. Toronto City Council 6 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Agency Circulation

The application was circulated to all appropriate agencies and City Departments. Works and Emergency Services, Public Health, Buildings, Toronto Region and Conservation Authority, Ministry of Municipal Affairs and Housing, Fire and Economic Development, Culture and Tourism have commented on this application and the comments are included as attachments at the end of this report. Responses noted that the proposed uses were not permitted here and required further information to evaluate the total impact of the proposed changes.

Comments:

Study Area

For the purpose of the study required by the Part I Official Plan, the boundaries included south of Eastern Avenue to Lake Shore Boulevard between the Don River Valley over to and including both sides of Woodfield Road. This covers the majority of the Restricted Industrial Area and comprises several large industrial parcels of land and buildings fronting on Eastern Avenue. Further consideration was given to the surrounding area including the residential areas and retail main streets to the north and the Port Lands to the south.

Both the east end and the west end of the study area appear to be fully occupied and vibrant at the present time. There are, however, three key sites of concern in the middle of the study area which are either vacant or under-utilized brownfields and form the main focus of this review. They include 731, 721 and 633 Eastern Avenue.

Overall Planning Direction

With the changing character of employment uses in the City of Toronto over the last 20 years, planning regulations have been modified to respond to a need for greater land use flexibility. In some areas, after consideration of the area and its particular circumstances, the approach has been to deregulate land use, permitting a blending of commercial, industrial, retail and sometimes residential. In some former industrial areas, creating new residential neighbourhoods has been the approach. In other areas, again because of area-specific considerations, the strategy has been to deregulate only for “employment” uses while continuing to limit retail and restrict residential uses. The latter approach is an appropriate strategy for this site and its immediate neighbouring sites to the west. Planning considerations taken into account to develop this approach are outlined in this report.

Simply put, there is a need to broaden land use permission to facilitate reinvestment on these three parcels. Vacant land and vacant buildings in a prime location are not in the public interest. Zoning changes alone will not accomplish everything, however. The City, through the demolition of the Gardiner Expressway extension and the implementation of community improvements such as a “green corridor” on the north side of Lake Shore Boulevard, is beginning to “set the table” for private reinvestment and renewal in the south of Eastern and Port Lands areas. Toronto City Council 7 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

The outcome of this strategy of public reinvestment and regulatory change should be consistent with the general planning goals and objectives of the Official Plan. Public reinvestment should be maximized in terms of the tax and employment growth it stimulates. Regulatory changes should be done carefully in order to provide a catalyst to kick start brownfield redevelopment and reuse of the existing industrial buildings while not inadvertently causing impacts such as increased auto usage, congestion, reduced retail vitality or poor quality urban design.

Consideration of new retail development is one of the more difficult components of the applicant’s request because it potentially raises many consequences. Clearly, given the policies of the Official Plan, the vision for this area is not the deliberate or accidental emergence of a new shopping district, a power centre comprised of “baby boxes” or a series of “big box” outlets. Baby box and big box terminology in retailing has emerged in the last ten years as units larger than 2,000 m2 ranging over 10,000 m2 have been built, usually in groupings and largely outside the urban core of the city.

The delicate balance being sought is whether it is possible to introduce a limited amount of retail with the expansion of the land use permissions aimed principally at facilitating employment growth and business reinvestment. The challenge is also to consider important traffic and urban design issues in order to minimize impacts and achieve community improvement goals and fulfil the benefits which come with the demolition of the Gardiner Expressway extension.

Planning Considerations

(a) Official Plan – Relevant Policies

The Official Plan Part I designates the site at 731 Eastern Avenue as being within a Restricted Industrial Area. Restricted Industrial Areas are areas containing a limited range of industrial uses that are environmentally compatible with adjacent open space, parks or recreational uses and commercial residential areas.

In Restricted Industrial Areas, Council may pass by-laws to permit:

(a) industrial buildings or uses having maximum densities based on an appropriate study which has considered area specific objectives for uses, urban design, built form and density;

(b) industrial buildings or uses which have a minimal environmental impact on neighbouring buildings or uses; and

It is the policy of Council not to consider redesignation of industrially designated land to permit any non-industrial use without first having considered a study of the area undertaken for the purpose of recommending policies for adoption in Part II of the Official Plan. Council will not effect a redesignation except where it is appropriate in light of the Part II study. Among other things, the study shall have regard for: Toronto City Council 8 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

(a) the number and types of industrial firms and employees in the area that would be adversely affected; (b) the impact on any surrounding industrial lands that would not be redesignated; and

The proposed policy amendment arising from the current policy review of the area south of Eastern Avenue will be in the form of an amendment to the Part I Official Plan rather than to the former South of Eastern Part II Official Plan previously repealed. The tests set out by the Official Plan have been considered. The proposed redesignation of 731 Eastern Avenue and the two neighbouring sites to the west to General Use Area is intended to maintain this area as an employment area, supporting existing industrial uses while broadening the employment use permission. With respect to other economic activity policies of the Plan, the retail and service use policies are relevant, given this application to permit new retail development. Sections 9.9 through 9.15 have been reviewed to consider this application’s conformity with the Plan. The policies and their relationship to other environmental, transportation and main streets policies of the Plan, taken as a whole, strongly support the maintenance of the existing retail structure of the former City of Toronto with a vital Central Area and a network of traditional neighbourhood shopping streets.

The Plan does state that it is Council’s policy to provide opportunities for new retail facilities provided that such facilities are compatible with adjacent Low Density Residence Areas and consistent with all other policies of the Plan.

The Plan states that “It is the policy of Council to seek to ensure that the location, scale and form of new retail developments in the City support the objective of retaining its retail strips as active and economically viable shopping districts in accordance with Section 9.10 of this Plan, support the Central Core’s role as the major focus for shopping activity in the Greater Toronto Area and are compatible with the surrounding area”.

Where the Plan permits retail and service uses, Council may pass by-laws to limit the amount of non-residential gross floor area on a lot that is used for retail and service commercial purposes. The limit set by Council is a maximum of 1,800 m2 more than what exists on the lot at the time of by-law passage. Upon application by the owner of a lot, Council may pass by-laws to permit the use of more than 1,800 m2 of non-residential gross floor area for retail and service commercial purposes provided that:

(a) in the opinion of Council, the proposed development is compatible with the surrounding area with respect to built form, traffic and parking and elements of neighbourhood structure and character, and is consistent with all other policies of this Plan;

(b) Council is satisfied that the proposed development will not adversely affect the economic activity of any shopping districts within the Central Core or retail strips throughout the City; and (c) the total non-residential gross floor area used for a single retail or service commercial use does not exceed 8000 square metres. Toronto City Council 9 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

In this application, Council must first decide to redesignate a portion of the Restricted Industrial Area to General Use Area to permit retail commercial uses and then apply the tests set out in the Plan to determine if retail in excess of 1,800 m2 is appropriate.

(b) Land Use and Context

I agree that the Restricted Industrial Area designation should be changed for 731 Eastern Avenue and I am considering this approach for the two neighbouring sites. At this location, the reuse of brownfields would not be facilitated if the land use permission is not broadened. The area is clearly well suited for a full range of employment uses. The location offers excellent direct access to the downtown and the Port Lands, an area now under consideration for substantial public and private reinvestment.

Other reasons for considering greater land use flexibility include:

(a) large parcels of vacant land and vacant former industrial buildings have considerable potential as a resource for employment growth;

(b) there is demand in the area for relocating employment uses from Carlaw Avenue north of Queen Street;

(d) changes in the nature of industrial uses in the area and the general trend to mix manufacturing and retailing/wholesaling together; and

(e) increasing demand for new film studio and associated uses improving the total employment potential for the area south of Eastern Avenue.

The Official Plan states that General Use Areas shall be regarded as areas containing a mix of commercial, institutional, and industrial uses, which are environmentally compatible with adjacent and neighbouring uses. Council may permit residential uses in such areas only by way of appropriate study and amendment to the Plan.

The introduction of new residential uses, including live/work, is not supportable. Traditional industrial uses exist to the west of the site raising issues of compatibility. Environmental clean-up of the lands to residential standards is likely difficult to achieve.

Currently no residential use is permitted south of Lake Shore Boulevard and it is not likely that the area will be residential in the immediate future. With the take down of the Gardiner extension, the south of Eastern area will relate increasingly to the Port Lands. While the final plan for the waterfront including the Port Lands to the south of the site has not been put forward to Council yet, it is expected that employment uses will continue to predominate and be encouraged in the east end of the Port Lands especially adjacent to the sewage treatment plant at Ashbridges Bay. Toronto City Council 10 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Introduction of even small amounts of new residential, through live/work for example, on the subject site which is vacant, may put pressure on owners of land with existing employment uses to consider the residential option. Many of the support services required for residential are not located here and any new residential uses would likely trigger a community needs assessment. Beyond the existing pocket of mixed industrial-residential which has historically existed south of Eastern Avenue between Logan and Carlaw, no new residential permission is considered appropriate or desirable.

The current I2 zoning permits a limited range of retail uses which serve the local needs of the industrial and residential areas along Eastern Avenue. For example, the zoning permits banks, repair shops and restaurants up to 475 m2 in size. The introduction of a wider retail use permission as requested by the applicant is discussed in the context of trends, impact and planned function below.

The south of Eastern area is an important employment area that should be sustained. It is still anchored by Lever Brothers on the west situated just east of the Don River and City Works and Canada Post on the east as well as the burgeoning film studio industry. Total employment in the south of Eastern area has fluctuated since 1989 but has risen in the last few years with an increase in the number of businesses:

Total Employment in 1989 – 9882 employees with 254 firms Total Employment in 1999 – 6521 employees with 289 firms

These numbers reflect the changes from the large manufacturing businesses which at one time dominated the area to much smaller film-related firms and businesses, recording studios and set designers who have gravitated to this area in recent years. The proximity of this area to the film studio district at the foot of Carlaw Avenue has led to a number of businesses supporting the film industry relocating here, rejuvenating the area.

The City’s Economic Development Strategy approved by Council in 2000 and an overview of Toronto’s Key Industry Clusters undertaken in 1999/2000 jointly between the City and the Province of Ontario both support an employment area strategy for south of Eastern. Among other relevant considerations, Toronto is North America’s third largest film and television production centre representing a $1.2 billion dollar industry in the city. The linkages which have been identified between the “knowledge economy”, economic prosperity and quality of life and place which attract people and investment suggest that sustaining and growing the media cluster in this area will be beneficial to the overall social and economic well-being of the city.

(d) Impact of New Retail Development

There are two prime concerns in considering retail at this location. New retail development should not establish a new land use direction for the area and it should not affect the economic activity on nearby retail strips such as Queen and Gerrard Streets. Toronto City Council 11 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

In the applicant’s supporting study for 731 Eastern Avenue, traffic, market and urban design analysis were based on a 2,900 m2 retail store being located on the site. This contrasts with the applicant’s recently revised draft by-law which appears to permit more than one 2,900 m2 retail use on the site. Assuming then that the applicant has requested 2900 m2 for each single retail or service use within a cap of one times the area of the lot, a total of over 14,000 m2 could hypothetically be built on the subject site.

It is highly questionable as to whether this amount of retail could be constructed on this site given its access, building and site constraints. Beyond the practical implementation, the general policy choice and precedent that would be set by permitting this amount of retail would clearly conflict with the Official Plan.

The following table identifies a scenario that could emerge if retail was constructed on all of the major sites in the area and utilized all of the commercial permission set at one times the area of the lot as suggested by the cap proposed by the applicant.

Address Size Existing G.F.A. 1 X Commercial 5 X Industrial 731 Eastern Avenue 14,410 m2 530 m2 14,410 m2 72,059 m2 (application site) 721 Eastern Avenue 28,265 m2 25,295 m2 28,265 m2 141,325 m2 (Canada Metals) 633 Eastern Avenue 38,182 m2 17,905 m2 38,182 m2 190,910 m2 (A.R. Clarke site) 23 Leslie Street 25,325 m2 9,352 m2 25,325 m2 126,625 m2 (Loblaws site)

If retail use permission is to be expanded beyond the retail and service uses currently permitted on the I2 zoned lands, the introduction of a new retail development should not dominate the uses and the character of the existing area. The scale of retail use suggested by this table would undermine the prime uses promoted by the Official Plan and reinforced in the analysis outlined in this report. It is not the intention to create a force or market demand in this area that could in turn make it very difficult to prevent further retail, knowing the provincial trend which sees large format retailers locating near one another in clusters. The existence of the Loblaws as a “one off” is not a platform on which to create a new retail centre at Leslie and Lakeshore.

I am of the view that any new retail development should be a relatively small, single use with a modest presence in order to not alter the character of the area or prevent future employment uses from locating in the area. In itself, on this site, a supermarket use will not affect the employment district. It will help improve the area and service a need in the market that would not necessarily locate on the surrounding retail strip. Economic Development staff have been consulted in this regard. My second general concern is the impact of new retail development on existing shopping strips. New retail space has the potential to draw business away from established shopping strips in nearby communities. Avoiding the unintended erosion of the area’s existing retail structure requires that the amount, location and configuration of new retail space be sensitively planned and developed. The purpose here is to ensure that we are not establishing a potentially competitive shopping destination of a new shopping area. Toronto City Council 12 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

There are two pieces of market research which assist in determining what form of new retail development should be permitted at 731 Eastern Avenue.

The applicant’s market impact analysis did not look at general merchandise (DSTM) expenditures in Department Stores because “provision is not being made for such a store on the subject site, nor will this site be able to accommodate such a store”. With respect to non- department store formats, the study concluded that “there will be insufficient market support within the primary trade area (southeast former City of Toronto) for new box store type facilities in the DSTM area, even if all existing smaller stores were closed”.

The market study did conclude that there is market support for supermarkets, specialty food stores, banks/financial services, storefront office and liquor/beer/wine stores.

A recent study commissioned by the City, undertaken in relation to the Home Depot application on the East Bayfront, and completed after the hearing in July, 2000 reinforces the existing retail policies of the Official Plan, outlined above in this report.

The study concluded that a key test in reviewing applications to develop new retail facilities in the south east corner of the former City is the need to integrate new retail uses within established retail areas. For an application that lies outside of an established retail area, it must demonstrate the means by which it will enrich the lives of local residents and contribute to the diversity of shopping and service functions that are provided by retail strips and shopping districts. Is the proposal complementary to the established mix or does it displace a core component of one or more of the strips? While market research alone should not determine the fate of the question, it does speak to one of the tests in the Official Plan for impact on retail strips when determining if more than 1,800 m2 of retail should be permitted on a lot. The applicant’s market study did identify food and beverage as a retail use that is supported by the market.

While a supermarket would be appropriate on Queen Street East just to the north, it is more difficult to accommodate. The existence of supermarkets in stand alone situations close to but not on local strips, due to their space consumptive character and loading and parking characteristics, is relatively common in the former City of Toronto.

A large Loblaws supermarket is directly to the east of the subject site on land zoned IC. One Knob Hill Farms supermarket at Gerrard and Carlaw has closed recently and another in the Port Lands may close soon as the company is ending the business. The subject site currently contains some of the retail uses already permitted in an I2 zone.

These contextual considerations such as the nature of supermarket activity in the immediate area and the limited findings of the applicant’s market study, which only found market support for food and beverage related retail uses, suggest that a supermarket use is appropriate at 731 Eastern Avenue. I find it acceptable, however, to only permit one retail store at 731 Eastern Avenue. It should be limited in size to 2,900 m2 and to food and beverage uses only. The applicant’s desire to also have permission for banks or certain other accessory retail, service or office uses is not considered an issue given that these uses are either already permitted in an I2 zone or would be permitted by the proposed IC zoning. Toronto City Council 13 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Traffic, built form and urban design issues discussed below reinforce the need to limit the size of retail and the type of retail use. These are tests that have been used before to mitigate impact, reflect the city context, achieve an urban built form solution and deal with traffic both qualitatively and quantitatively.

The potential severance of large lots, creating a “loop hole” in this strategy to limit retail uses must be tied down in the by-law. As well, recreation uses and places of amusement will be permitted in the IC use list.

(e) Parking, Traffic and Access Impacts The applicant provided a Traffic Study and the initial review by the Commissioner of Works and Emergency Services has identified a need for additional technical analysis and clarification. The main issues relate to access onto Leslie Street and Mosely Street and the capacity and operations of these streets, site access design, appropriate parking and loading standards depending on the use, background traffic and pedestrian routing.

Traffic impact, parking and site access are three key issues for 731 Eastern Avenue. This site has tremendous potential impact on the surrounding area. Given that the traffic impact can not be fully analysed without a site plan, it has been identified as a future concern for this site. Intersection capacities, access constraints to Lake Shore Boulevard and removal of the Gardiner extension are all relevant in my view to placing a limit on the scale of potentially high traffic generating retail uses.

(f) Density, Height and Built Form The density of 5 times the lot area encourages employment uses to stay by permitting expansion as-of-right. The advantage of this permitted density has not been realized or used to the fullest. I am not proposing that density be reduced in order to continue to ensure encouragement for existing and new industrial and other employment uses.

The applicant has proposed a height limit of 45 metres on the portion of the site which currently has no height limit. 45 metres at this location is not appropriate. Height limits in other employment districts across the former City of Toronto range from 15 to 30 metres. A 45 metre height limit would be more appropriate if a residential building were anticipated. No supporting material was submitted as to the appropriateness of this number.

New large plate commercial buildings built to 6 storeys would require a 26 metre height limit. I would suggest, that a 26 metre height limit is more in keeping with the contemplated food store use and with the built form context of this area, including height limits to the east of the Don River, and the need to have a transition in scale from the low rise neighbourhood to the north. The existing 18 metre height limit along Eastern Avenue, which was introduced in order to ensure a transition and compatibility with the residential neighbourhood to the north, should be maintained.

(g) Urban Design and Public Amenities Given the prominent location of this site with respect to the Port Lands, the neighbourhood and the employment district, future massing on the site will have a profound impact. Urban Design Toronto City Council 14 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Guidelines should be developed to assist in realizing a high quality of place and urban character for this location.

Site planning details are crucial for this site for a number of reasons. It is a key site for the future of this area and will be a gateway to the neighbourhood. In this capacity, it has three sides that face the community and must address design, landscaping, parking and access issues adequately. The siting of future buildings, the servicing of the uses within the buildings, how the parking is handled on this site all need to be dealt with properly.

This site falls within the Lake Shore Boulevard and South Riverdale Community Improvement Plan, see attachment No. 6. As noted on the Community Improvement Plan, there will be a greening of the corridor on the north side of Lake Shore Boulevard. Establishing the relationship to the “Green Corridor” that will line Lake Shore Boulevard East as a result of the dismantling of the Gardiner extension requires further work. It is important that the landscaping on this site enhances and complements this public improvement. Site planning should take into account improvements for pedestrian and non-auto modes of transportation that will increase with the new green corridor amenity.

(h) Environment

Since the environmental condition of the lands at 731 Eastern Avenue requires soil decommissioning, redevelopment of the site presents the opportunity for soil clean-up. It is important to note that all applicants who are proposing to convert existing industrial buildings or construct on lands formerly used for industrial purposes are required to submit a detailed historical review to identify all existing and past land uses which could result in negative environmental effects to the subject site. A site audit for the identification of all hazardous materials on the site and a soil and groundwater management plan which characterises soil conditions and proposes remediation options would be required to be submitted as well. A permit is also required from the Toronto Region and Conservation Authority.

Recommended Regulatory Approach

The approach recommended in the following section for 731 Eastern Avenue should be discussed with the land owners and presented to the community at a meeting prior to the Ontario Municipal Board hearing scheduled for mid-April. Following the community consultation, I will report further on changes to the Official Plan and Zoning By-law for the other two sites.

(a) Official Plan

731 Eastern Avenue should be redesignated from Restricted Industrial to General Use Area. The density permission currently permitted in the zoning at 5 times the lot area should be recognized in the Official Plan. The Plan should not permit residential uses. The Plan should require the preparation of Urban Design Guidelines for the whole south of Eastern area for approval by City Council prior to the granting of any Site Plan Approval application. The Plan should also require that a Traffic Impact Assessment study be approved by the City and that appropriate environmental and TRCA approvals be secured prior to the granting of any Site Plan Approval. Toronto City Council 15 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

(b) Zoning By-law

731 Eastern Avenue should be rezoned from I2 D5 to IC D5 N1. An enriched IC use list that continues to permit a wide range of I2 uses is recommended (Appendix D). This “combined” IC-I2 zoning emphasizes employment but continues to permit certain retail and service uses both as stand alone uses or in association with distribution or production facilities.

Two IC uses are proposed to be restricted or limited. Artist live/work studio, by definition must be associated with a social housing program, and will not be permitted. As residential will be restricted by the Official Plan, this use will not be permitted by the zoning. Retail stores are permitted in an IC zone. Retail and service uses, unless otherwise defined and/or currently permitted in an I2 or IC zone, will be limited in size and by use on this site as a result of the findings of this study. The recommended size is 2,900 m2 on this lot and the recommended use for this retail store is limited to food and beverage. Retail sales will be permitted as accessory to the employment uses.

The current height limit of 18 metres along Eastern Avenue should be maintained. On the remainder of the site, where there is currently no height limit, a 26 metre height limit is recommended.

In order to properly consider a site plan for this site, especially in the context of the demolition of the Gardiner Expressway extension which is currently underway, Urban Design Guidelines should be developed for this area. These guidelines should be approved by City Council. A Traffic Impact Assessment study should be approved by the Commissioner of Works and Emergency Services and appropriate environmental and TRCA approvals secured prior to the issuance of Site Plan Approval.

Next Steps

As mentioned above, I am preparing to arrange a community meeting prior to the OMB hearing to discuss this report and the land use direction with the neighbourhood. The study has shown that a retail store is only supportable at 731 Eastern Avenue and that the retail store permission should not be extended any further west into the employment district. As a next step, I will report to Downtown Community Council with draft by-laws for 633 and 721 Eastern Avenue to expand the use list for these sites.

Conclusions

I generally support the applicant’s request to redesignate the site from Restricted Industrial Area to General Use Area. I am proposing a combined IC and I2 zoning permission that broadens the range of potential employment uses for the site. I have three main areas of concern with the applicant’s proposed regulatory approach as outlined in this report. While I support some retail on the site, it should be limited in size and by use. Residential uses should not be permitted. The height limit should be set at 26 metres. Toronto City Council 16 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

The Official Plan sets out tests for overall neighbourhood compatibility and economic impact on retail strips. New retail development at 731 Eastern Avenue should be limited in size and by use to avoid establishing a new retail destination at Lakeshore and Leslie and frustrating the prospect for employment uses to establish in vacant and under-utilized former industrial buildings. Limiting scale and use strikes an appropriate balance that responds to the applicant’s request and the Official Plan policy.

The Ontario Municipal Board will be considering the application for 731 Eastern Avenue at a hearing set for April 17, 2001. Currently there are three large parcels of land that require regulatory adjustment to encourage environmental clean-up and reinvestment to take advantage of the public reinvestment occurring in the area with the removal of the Gardiner extension. I am recommending that Council adopt the recommended approach for 731 Eastern Avenue and authorize staff to defend this position at the OMB. I will be reporting further on the recommendations for 633 and 721 Eastern Avenue following consultation with the community.

Contact:

Denise Graham, Senior Planner Telephone: 416-392-0871; Fax: 416-392-1330; E-mail: [email protected]

Application Data Sheet Site Plan Approval: No File Number: 199019 Rezoning: Yes Application Number: CMB19990042 O.P.A.: Yes Application Date: 08/27/1999 Municipal Address: 731 Eastern Ave Nearest Intersection: Southwest corner of Eastern Av. And Leslie St. Project Description: To construct a retail establishment. Applicant: Agent: Architect: Urban Intelligence Ltd. Urban Intelligence Ltd. Urban Intelligence Ltd. 12 Mercer St. S400 12 Mercer St. 12 Mercer St. Toronto, M5V 1H3 Toronto Toronto (416) 979-3360 (416) 979-3360 Planning Controls (For verification refer to Chief Building Official) Official Plan Designation: Restricted Industrial Area Site Specific Provision:No Zoning District: I2 D5 Historical Status: No Height Limit (m): 18 Site Plan Control Area:Yes Project Information Site Area: 14408.9 Height: Storeys: 1 Frontage: 0 Meters: 18 Depth: 0 Toronto City Council 17 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Indoor Outdoor Ground Floor GFA: 0 Parking Spaces: 0 0 Residential GFA: 0 Loading Docks: 0 Non-Residential GFA: 3382.7 Loading Docks Type: Total GFA: 3382.7 Dwelling Units Floor Area Breakdown Tenure Type: Rental Above Grade Below Grade Rooms: 0 Residential GFA: 0 Bachelor: 0 Retail GFA: 3382.7 1 Bedroom: 0 Office GFA: 0 2 Bedroom: 0 Industrial GFA: 0 3+ Bedroom: 0 Industrial/Other GFA: 0 Total Units: 0 Total Proposed Density: 0

Comments Current Status: Open Latest Event Target Date Actual Date Outcome Received Data Valid: Planner: D. Graham Phone:392-0871 Area: South of Eastern Planning Office: Toronto ______

Appendix A Comments from Civic Officials 1. Urban Development Services, September 21, 1999 Our comments concerning this proposal are as follows:

Description: Change zoning to IC N5 N1 ( 3382.7 square metres of NRGFA)

Zoning Designation: I2 D5

Applicable By-law(s): 438-86, as amended

Plans prepared by: Leslie-Lakeshore Plans dated: Dec. 16, 1997 Development Inc. Zoning Review

1. The proposed IC uses will not be permitted in I2 District. ( Section 9(1)(a)) Toronto City Council 18 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Other Applicable Legislation and Required Approvals

1. The proposal requires Site Plan approval under Section 41 of the Planning Act.

2. The proposal does not require conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

3. The Proposal does not require the approval of Heritage Toronto under the Ontario Heritage Act.

4. The issuance of any permit by the Chief Building Official will be conditional upon the proposal’s full compliance with all relevant provisions of the Ontario Building Code.

2. Works and Emergency Services, January 6, 2000

This is in reference to the application by Urban Intelligence Inc., on behalf of Leslie-Lakeshore Developments Inc. for the project on the L-shaped site with frontages on the south side of Eastern Avenue/Mosley Street, the west side of Leslie Street and the north side of Lake Shore Boulevard East. The proposal is to rezone the site from “I2” to “IC” in order to permit a wider range of uses (notably retail uses). Specific types of use, building configurations, parking lot/loading configuration etc. are not known at this time and will be submitted at a later date, for site plan review.

Comments Existing Agreements

The drive-through restaurant on the Leslie Street frontage of the site is the subject of Undertaking No. U396063.

Traffic Implications of Proposed Change in Zoning

In conjunction with the above noted application for the drive-through restaurant, access to and from the site was examined in some detail. Some restrictions were imposed on the Mosley Street access, in order to accommodate certain mature trees on the site. In addition, due to the configuration of the Eastern Avenue/Mosley Street intersection, use of the Mosley Street access will only be suitable for access by certain types of vehicles. Depending on the projected traffic generation of the proposed use, it may be desirable to limit access at this location, during peak hours. Accordingly, it may be necessary to impose access reconfigurations/restrictions at the Site Plan Review stage, when more details will be known about the exact nature of the redevelopment. In order to properly allow for this assessment, the owner should be required to submit for approval, a Traffic Impact Assessment detailing the traffic implications of the proposed use in conjunction with the submission of an application for Site Plan Approval for the project. Toronto City Council 19 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Municipal Services

The existing City water distribution system and sewer system with regard to sanitary sewage are adequate to accommodate the change in land use.

With regard to storm drainage, please refer to the City’s standard storm drainage procedures for private properties. It is the policy of City Council to require the infiltration of storm water run-off into the ground for all new buildings, whenever possible. Therefore storm connections to the City sewer system will only be permitted if it can be demonstrated that infiltrating storm water into the ground is not feasible. Further information regarding storm drainage can be obtained by contacting the Engineering Branch (telephone no. 392-7674). Note: The connections to Leslie Street will be shallow and any future development to the west will have connections to Lake Shore Boulevard East.

Survey and Mapping

The applicant should be required to provide final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed building to enable the preparation of the building envelope plans.

The owner should be advised that final approved drawings should be submitted at least three weeks prior to the introduction of Bills in Council.

Note: This property may be within a flood and/or fill region regulated by the Toronto and Region Conservation Authority.

Work within the Road Allowance

Approval for any work to be carried out within the street allowance must be received from the Commissioner of Works and Emergency Services.

Garbage This development will be classified as Large Commercial for the purpose of assessing eligibility for garbage and recyclable materials collection, provided Phase II has a minimum ground floor area of 717.3m2. Large Commercial properties are not eligible for City garbage and recyclable materials collection. These services must therefore, be provided by a private hauler. The owner must submit a satisfactory Material Recovery and Waste Reduction Plan. Details of the required contents for this plan can be obtained by calling 392-1040.

Recommendations As a result of the forgoing, it is recommended that:

1. As a condition of the Rezoning of the site the owner be required to:

a) provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development; Toronto City Council 20 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

b) submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to Site Plan Approval for the project;

(i) a Traffic Impact Assessment, prepared by a qualified Traffic Engineer/Planner;

(ii) a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction within the development; and

c) provide, prior to site plan approval, final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed building to enable the preparation of building envelope plans. Such plans should be submitted at least three weeks prior to the introduction of Bills in Council;

d) provide preliminary site grading, servicing and drainage plans for review and approval prior to receipt of building permit.

2. The owner be advised:

a) that this site is subject to the Statement of Approval/Undertaking No. U396063;

b) of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance;

c) that this property may be within a flood and/or fill region regulated by the Toronto and Region Conservation Authority;

d) that the sewer connections to Leslie Street will be shallow and any future development to the west will have connections to Lakeshore Boulevard East; and

e) that storm water run-off originating from the site should be disposed of through infiltration into the ground. Storm connections to the sewer system will only be permitted, subject to the review and approval, by the Commissioner of Works and Emergency Services, of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm run-off.

3. Economic Development, Culture and Tourism, September 21, 1999

This will acknowledge the new plans pertaining to the above noted development application which were circulated to Forestry Services on September 20, 1999. I have reviewed the circulated plans and advise that:

An ‘Arborist Report for Development Applications’ form has not been filed with this application. Toronto City Council 21 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Note: The applicant must file a completed ‘Arborist Report for Development Applications’ form and a Site Plan for the development which indicates the corresponding trees by the respective tree numbers from the form. If there are no trees involved with this development, the applicant must sign ‘Section 1 – Declaration’ of the form and file it with the City.

I advise that the plans prepared by Leslie-Lakeshore Development Inc., date stamped as received by Urban Planning and Development Services are not acceptable at this time due to the reason(s) indicated above.

4. Public Health, January 7, 2000 Environmental Health staff have reviewed the following environmental report provided by the applicant who has made a proposal to permit the construction of a building at 731 Eastern Avenue for industrial, commercial and retail uses:

- A report prepared by Candec Consultants Limited, dated December, 1999, entitled Report On The Limited Environment Site Assessment For 731 Eastern Avenue, Toronto, Ontario for C.R.A.F.T Construction Group Inc.

The property is located at the north west corner of the intersection of Leslie Street and Lakeshore Boulevard East. The entrance to the site is currently located on Eastern Avenue.

Previously, site assessment and restoration work were carried out on most of the above- mentioned property to ensure compliance with the criteria listed in Table B of the 1997 MOE Guidelines for Use at Contaminated Sites in Ontario. However, no data had been collated in relation to the area to the north west of the building that was previously on site. Therefore, this area was the subject of concern given that a proposal has been submitted to develop on this portion of the property.

Pursuant to a meeting between Candec Consultants Limited and Toronto Public Health, fieldwork was performed comprising of 6 boreholes that were drilled and samples taken to a depth of 3.0 metres. The results collected by Candec reveal that the natural soil is free of adverse chemical impacts. However, most of the surface veneer of fill is impacted with several metals including lead, antimony, arsenic and boron. The concentrations of these parameters exceed the allowable limit for industrial/commercial sites.

Conclusion: This assessment has confirmed the presence of soil that is impacted to a degree that exceeds the permissible limits. According to Candec Consultants Limited, the “dig & haul” approach represents the most practical method of restoring the property to a condition that permits commercial redevelopment.

Based on the specific information provided by Candec Consultants Limited, this department supports the findings presented in their Environmental Site Assessment regarding the environmental conditions of the site and has no objections to the proposed application provided that the conditions as set out in the recommendations are met. Toronto City Council 22 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Please inform the owner/applicant in respect to this matter and provide them with a copy of my comments. If you have any questions or require further information, please do not hesitate to contact me at 392-7685.

November 10, 1999

Thank you for your request of September 20, 1999 to review and comment on the above referenced site. Staff at Healthy Environments have reviewed the application and offer the following comments.

Comments The applicant requests permission to construct a building of industrial, commercial and retail space. The specific uses, users and building(s) configurations have yet to be determined. A review of the files available to us indicate that the site was previously zoned industrial in 1949. Additional information is required by Healthy Environment staff in order to conduct an adequate review of environmental conditions on the site. This should include a Historical Review, Site and Building Audit, Soil and Groundwater Management Plan, and a Demolition and Excavation Dust Control Plan, details of which are described below.

Recommendations: 1. That the owner immediately conduct a Historical Review of the site to identify all existing and pat land uses which could have resulted in negative environmental effects to the subject site. This report should be submitted to the Commissioner of Urban Development Services, for review by the Medical Officer of Health, prior to the introduction of a Bill in Council.

2. That the owner conduct a Site and Building Audit for the identification of all hazardous materials on the site and in existing buildings. The removal of these materials must be conducted in accordance with Ministry of Labour and Ministry of Environment guidelines. A report on the site and building audit should be submitted to the Commissioner of Urban Development Services, for review by the Medical Officer of Health, prior to the introduction of a Bill in Council.

3. That the owner shall conduct a soil and Groundwater Management Plan which characterises soil and groundwater conditions and proposes remediation options, to be submitted to the Commissioner of Urban Development Services, for review by the Medical Officer of Health, prior to the introduction of a Bill in Council.

4. That the owner implement, under the supervision of an on site qualified environmental consultant, the Soil and Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health, and upon completion, submit a report from the on site environmental consultant to the Medical Officer of Health certifying that the remediation has been completed in accordance with the Soil and Groundwater Management Plan. 5. That the owner prepare a Demolition Excavation Dust Control Plan and submit this plan to the Medical Officer of Health, prior to the issuance of any permit. Toronto City Council 23 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

6. That the owner implement the measures in the Demolition Excavation Dust Control Plan approved by the Medical Officer of Health.

By copy of this letter I have advised the owner/applicant accordingly. If you have any questions, please do not hesitate to contact Alan Banks or Gordon Chan at 392-7685.

5. The Toronto and Region Conservation Authority, October 7, 1999

We acknowledge receipt of the above noted circulation dated September 20, 1999 and we offer the following comments.

It is our understanding that the purpose of these applications is to rezone/redesignate the subject property to allow industrial and commercial uses. TRCA staff has reviewed this proposal and we have no objections to the approval of these applications.

However, we advise that the subject property is entirely located within the regulatory flood plain of the Lower Don River. Typically, TRCA and Provincial policies prohibit new development within flood plain lands. However, this area has been designated Special Policy Area (SPA). The SPA designation recognizes that this flood plain area is an area where there is surrounding existing development that forms an integral part o f an existing community. TRCA policies allow for the development to proceed within SPA flood plain areas subject to the technical criteria (flood proofing) and regulation of the TRCA. Prior to our approval of a site plan application and/or our clearance for building permit approval, a permit under Ontario Regulation 158 must be obtained from the TRCA for any new development on the subject property.

We note that the TRCA’s Executive Committee previously approved Permit No. C-98090 (Ontario Regulation 158) for the related works associated with Site plan Application 396063 city file no.).

We trust this is satisfactory. However, should you have any questions please do not hesitate to contact the undersigned or Gaspare Ritacca at ext. 5324. ______

Appendix B

Proposed Official Plan Amendment

18.____ Lands on the west side of Leslie Street between Eastern Avenue/Mosley Street and Lake Shore Boulevard

731 Eastern Avenue See Map 18.—at end of this Section Notwithstanding any other provisions of this plan, the lands known as 731 Eastern Avenue in the year 2001 are designated as a General Use Area. Council may pass by-laws to permit industrial and commercial uses within the following density limits: Toronto City Council 24 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

(a) industrial buildings or uses provided that the total density on the site does not exceed 5 times the area of the lot;

(b) commercial buildings or uses provided that the total non-residential gross floor area does not exceed 14,450 square metres and any retail component does not exceed 2,900 square metres greater than existed on the date of passage of the by-law; or

(c) a combination of industrial and commercial uses up to a density of 5 times the area of the lot provided that the commercial component does not exceed 14,450 square metres of which any retail use does not exceed 2,900 square metres greater than existed on the date of passage of the by-law.

Prior to the granting of Site Plan Approval, the owner of the site shall:

(a) submit and have received the City’s approval of a Traffic Impact Assessment study;

(b) comply with any Urban Design Guidelines prepared for the area and adopted by Council;

(d) satisfy the Toronto Region and Conservation Authority.

No portion of the site is used for residential purposes.

For the purposes of this section, the term residential includes live/work or artist live/work unit.

______

Proposed Zoning By-law Amendment

Authority: Enacted by Council:

CITY OF TORONTO

BY-LAW No. – 2001

To amend the General Zoning By-law No. 438-86 of the former City of Toronto with respect to the lands known as 731 Eastern Avenue. Toronto City Council 25 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

The Council of the City of Toronto HEREBY ENACTS as follows:

1. District Map No. 52G-324 contained in Appendix “A” of By-law No. 438-86, being “A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto”, as amended, is further amended by,

(1) redesignating the lands known as 731 Eastern Avenue from I2 D5 to IC D5 C1.

2. District Map No. 52G-324 contained in Appendix “B” of By-law No. 438-86, being “A By-law To regulate the height and minimum lot frontage in various areas of the City of Toronto”, as amended, is further amended by,

(1) adding a height limit of 26.0 metres to the southern portion of the site with no limit.

3. Amend Section 12 (2) 270 to permit a 2,900 square metre retail store containing only food and beverage uses.

4. Insert new Section 12 (1) (449) to permit additional uses including:

“food warehouse, food wholesaling establishment, storage warehouse, class A, cleaning plant, bread distributing depot, courier service, industrial catering service, postal sorting station, security service and business equipment, shipping, trans-shipping or distributing depot, bakery, brewery, electronic equipment factory, manufacturing plant, photographic plant, plastic products factory, soft drink bottling works, textile factory, vegetable food products factory, vegetable oils plant, wholesale dyeing plants, winery and wood products factory.”

5. Restrict permission for any residential uses on the lot at the time of the passing of the by-law.

______

Appendix C Use List Comparison For I2 and IC Zones

Permitted Use I2 District IC District Comments (i) Parks, Recreation, Places Of Amusement And Assembly Club P Commercial and municipal baths P Concert hall P place of amusement P place of assembly P Toronto City Council 26 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Permitted Use I2 District IC District Comments arena, stadium, race track P public park P P (ii) Community Services, Cultural And Arts Facilities Clinic P P Community centre P Community health centre P P day nursery P P fire hall P P place of worship P not recommended police station P P (iii) General Institutions post office P P union hall P P (iv) Retail And Service Shops Auctioneer’s premises P bake-shop P Branch of a bank or financial P P institution brew-on premises establishment P P caterer’s shop P P dry-cleaner’s distributing station P P dry- cleaning shop P P Duplicating shop P P Laundry shop P news stand P P Pawnbroker’s shop P Personal grooming establishment P P pet shop P private art gallery P Restaurant P* P* retail store P **recommend a cap size/use Showroom P P service, rental or repair shop P P Tailoring shop P P take-out restaurant P* P* (v) Workshops And Studios Artist live/work P not recommended Artist’s or photographer’s studio P P

Communications and P P Broadcasting establishment Custom workshop P P Data processing establishment P P Toronto City Council 27 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Permitted Use I2 District IC District Comments Designer’s studio P P Industrial computer service P P Laboratory, class A P P Performing arts studio P P Publisher P P Software, design and P P Development establishment (vi) Offices Office P (vii) Automobile Related Uses Automobile service station P* P* Automobile service station P* P* Car washing establishment P P Commercial parking lot P* P* Motor vehicle repair shop, class P* P* A Motor vehicle repair shop, class B P* Parking area P P Parking garage P P not recommended Parking station P* P* Private commercial garage P not recommended Private garage P P Sales or hire garage P P Taxicab stand or station P P (viii) PUBLIC City yard, class A P Public commercial scales P Pumping station P Waterworks P (ix) Warehousing And Storage Cold storage locker plant P Cold storage plant P P Food warehouse P Food wholesaling establishment P Open storage yard P not recommended Recycling shop P Storage warehouse, class A P P Wholesaling establishment – P P general (x) Industrial Workshops Bookbinder’s shop Carpenter’s shop Cleaning plant Contractor’s shop Class A Contractor’s shop Class B Toronto City Council 28 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Permitted Use I2 District IC District Comments Sheet metal shop Welder’s shop (xi) Sales Outlet Builder’s supply yard P not recommended Open air market P (xii) Transportation, Distribution and Related Uses Bread distributing depot P Courier service P Industrial catering service P Postal sorting station P Public transit P P Railway station P Railway tracks P P Security service and business P equipment Shipping, trans-shipping or P Distributing depot (xiii) Manufacturing And Related Uses Bakery P Brewery P Ceramics factory P P Electronic equipment factory P Fur goods factory P P Garment factory P P Manufacturing plant P Metal wares factory P P* Packaging plant P P* Pharmaceutical factory – P P Secondary Photographic plant P Plastic products factory P Plastic products factory – P P Secondary Printing plant P P Soft drink bottling works P Textile factory P Vegetable food products factory P Wholesale dyeing plant P Winery P Wood products factory P (xiv) Miscellaneous Uses Animal hospital P P Commercial school P P Toronto City Council 29 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Permitted Use I2 District IC District Comments Market gardening P P Newspaper plant P P Ornamental structure P P Trade school P P

*Qualification **2,900 m2 food and beverage store for 731 Eastern Avenue P = permitted

Map 1 – Street Map Toronto City Council 30 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Map 2 Existing Toronto City Council 31 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Map 3 Proposed Toronto City Council 32 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Map 4 Existing Zoning Toronto City Council 33 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Map 5 Proposed Zoning and Height Limit Toronto City Council 34 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Map 6 Existing Height Limits Toronto City Council 35 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Map 7 Community Improvement Plan Toronto City Council 36 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Map 8 Site Plan Details Toronto City Council 37 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

The Downtown Community Council also submits the following report (January 26, 2001) from the Director, Community Planning, South District:

Purpose:

The purpose of this report is to advise Downtown Community Council of a forthcoming report on a pending Ontario Municipal Board matter. Timelines for the hearing require that a report on the matter be dealt with by Council before April 17, 2001. In view of the fact there is no Community Council meeting in March, I will need to seek direction from Council at the March 6, 7 and 8, 2001 meeting.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendation:

It is recommended that this report be received for information.

Background:

Proposal

The applicant is seeking to change the Official Plan and Zoning By-law designations for 731 Eastern Avenue from Restricted Industrial Area to General Use Area and from an I2 to IC zoning in order to permit commercial, retail and residential uses at this location. The proposal includes total non-residential gross floor area permission for approximately 3500 m2 of retail space.

Site History

An application was submitted to the City to expand the permitted uses on 731 Eastern Avenue by introducing such uses as retail and service shops, offices and live-work units. On May 23, 2000, Toronto Community Council had before it the Preliminary Report recommending a community meeting be held to discuss the application and undertake a planning study to review the Restricted Industrial Area designation as required by Council policy. Prior to the community meeting, the applicant appealed the matter to the Ontario Municipal Board. The hearing is scheduled for April 17, 2001, with a prehearing conference set for February 22, 2001.

Site and Surrounding Area

This irregular shaped site is approximately 14,410 m2 is size (1.44 hectares) and situated on the west side of Leslie Street between Mosley Street and Lake Shore Boulevard. Toronto City Council 38 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Comment:

An application has been submitted to the City for an Amendment to the Official Plan and Zoning By-law. Council policy requires a planning study to be undertaken in order to evaluate this application fully. Prior to the community consultation and final report, the applicant appealed his application to the Ontario Municipal Board. In view of the fact that the hearing date is fast approaching, a report recommending a position for the Ontario Municipal Board hearing is being finalized and will be brought forward for the February 13, 2001 Downtown Community Council meeting.

Contact:

Denise Graham, Senior Planner Tel: (416) 392-0871; Fax: (416) 392-1330; E-mail: [email protected]

______

The Downtown Community Council reports, for the information of Council, having also had before it, during consideration of the foregoing matter, the following communications, and a copy thereof is on file in the office of the City Clerk:

- (February 13, 2001) from Mr. Steven A. Zakem, Aird & Berlis; and

- material submitted by Councillor Layton from Mr. Ian Graham, on behalf of the applicant.

______

The following persons appeared before the Downtown Community Council in connection with the foregoing matter:

- Ms. Linda Townsend Renaud, representing Leslie Lakeshore Development;

- Mr. Greg Bonser, Live Lightly Developments;

- Mr. Terry Lee, Executive Director, Ralph Thornton Centre;

- Mr. Albert Arthur Gladstone, Board Member, Ralph Thornton Centre;

- Mr. Darrell Starr Keane, Toronto; and

- Mr. Ian Graham, Urban Intelligence Inc.

(City Council on March 6, 7 and 8, 2001, had before it, during consideration of the foregoing Clause, the following report (March 5, 2001) from the Commissioner of Urban Development Services: Toronto City Council 39 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Purpose:

This report provides additional information on further discussions with the applicant of 731 Eastern Avenue as requested by Downtown Community Council.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that City Council:

(1) Approve the proposed approach to amend the Official Plan and Zoning By-law for the former City of Toronto as they apply to 731 Eastern Avenue substantially in accordance with the draft Official Plan and Zoning By-law Amendments contained in Appendix B of this report.

(2) Authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required, and instruct the City Solicitor and the Commissioner of Urban Development Services to attend at the Ontario Municipal Board in support of the amendments proposed in this report.

(3) Request the Ontario Municipal Board to withhold the issuance of its Order approving the Official Plan or Zoning By-law Amendments for 731 Eastern Avenue until such time as all site planning matters, including traffic ingress and egress, have been resolved and the applicant has entered into a Site Plan Agreement under Section 41 of the Planning Act.

(4) Request that the Commissioner of Urban Development Services hold a community consultation meeting on March 26, 2001 at Bruce Public School, prior to the Ontario Municipal Board hearing, to discuss the status of the application and the findings of the Eastern Avenue study.

(5) Request the Commissioner of Urban Development Services to report further on the Draft Urban Design Guidelines, attached in Appendix C, for the study area south of Eastern Avenue.

Background:

My report, dated January 30, 2001, was before Downtown Community Council on February 13, 2001. It reviewed the merits of an application for 731 Eastern Avenue within the context of a planning study for the south of Eastern area and recommended approval of an Official Plan and Zoning By-law Amendment to permit a 2,900 m2 retail store limited to food and beverage uses. The report also recommended a position for the pending Ontario Municipal Board hearing on this matter. Toronto City Council 40 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Downtown Community Council forwarded the planning report to Council without recommendation and requested the Commissioner of Urban Development Services to meet with the applicant of 731 Eastern Avenue and report directly to Council on:

1. (a) the concerns raised by the deputants and the communications received;

(b) means to reduce auto-dependency including applicable parking standards; and

2. a further size reduction and further use restrictions for retail and service uses proposed in this application;

3. holding a community consultation meeting prior to the Ontario Municipal Board hearing in April 2001 to discuss the status of the application and the findings of the report (January 30, 2001) and to forward the recommendations arising from the community meeting to the Ontario Municipal Board;

4. directing that the site plan review for this application be the subject of a community meeting and report to the Downtown Community Council; and

5. including Leslieville Business Association in future dialogue with respect to this matter.

Comments:

1. Concerns raised by the communications received: a) Loblaws

In a letter dated February 13, 2001, the lawyer for Loblaws Properties Ltd. identified the following issues:

- the area study required by Council policy - requesting a copy of the applicant’s background study dated January 2000 - no planning rationale for limiting the type of retail to only food and beverage - no justification to permit retail over the 1800 m2 cap here - sets a precedent here - high traffic generation nature of the use should be considered prior to the granting of the zoning change - the recommended amendment to the Zoning By-law appears to amend City-wide policies in its current draft form Toronto City Council 41 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Staff did undertake the planning study required by Council policy and the findings are discussed extensively in my final report dated January 30, 2001. Planning staff have been informed that the applicant's background study has been forwardced to Loblaws. The tight restriction of retail to food and beverage uses being recommended is to avoid creating a regional draw and ensuring that there is no direct impact on the Queen Street East retail strip.

There are tests set out in Section 9.15 of the Official Plan to allow Council to consider additional retail over the 1,800 m2 cap. In my opinion the application meets the tests and there is justification to consider additional retail at this site for a limited type and size. This does not set a precedent. Loblaws has stores all across the city larger than 1,800 m2, located off the local commercial strips. The recommended amendment to the Zoning By-law does not amend the city- wide policy, it is a site specific permission for 731 Eastern Avenue. b) South Riverdale Community Health Centre In a letter dated June 7, 2000 and attached in Appendix A, the South Riverdale Community Health Centre expressed the concern that a grocery store is not a compatible land use beside the Canada Metals plant. Their issues include the possibility that food could be contaminated with fine lead dust from the oxide plant, if it landed on food stuffs while being loaded or unloaded. I have consulted with Public Health staff and they have not raised this as an issue. c) 633 Eastern Avenue The potential future owners of 633 Eastern Avenue, in letters attached in Appendix A, wanted to ensure this site will be considered in the overall planning study for the area south of Eastern. Planning staff were asked to consider adding recreational uses such as soccer, hockey, roller skating or indoor childrens' play zones to the list of uses permitted for the site. They would like to add retail uses that would be considered ancillary to the current artisan or crafts operations in the complex (i.e. galleries, home décor shops, showrooms). Any restaurant uses would be pubs or cafes to support local needs instead of regional draws. They will not be pursuing residential uses here and would like to continue to work on the ongoing urban design initiatives while reviewing options to persue a pedestrian connection through their site. All of these requests were taken into consideration in formulating planning recommendations. d) Deputants Other concerns identified included the concern that business tenants are being chased out of the area, a grocery store does not maximize employment, large competitors will impact on Queen Street East and “big box retail” will impact on the Leslieville Business Area. All of these concerns have been addressed in my January 30, 2001 report.

2. Concerns raised by Downtown Community Council

Reduction of auto-dependency is an ongoing objective. With more development in the area, transit could be improved and bus transit routes expanded. The TTC continues to monitor the situation and monitor employment growth in the area. From a planning point of view staff are encouraging pedestrian linkages which encourage non-auto related trips. In addition, the Urban Design Guidelines will introduce Leslie Street’s urban form as pedestrian friendly and provide for a firm link to the Lake Shore Boulevard “green corridor”. Toronto City Council 42 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

As part of the ongoing review of any site plan application for 731 Eastern Avenue, Works and Emergency Services staff will require a further traffic study to address measures to minimize auto use and identify the appropriate number of parking spaces for the site. In addition, the applicant will be requested to submit a transit travel demand forecast to accommodate the “to and from” of the site. It is likely they will be subject to the City policy of submitting a Traffic Demand Management Plan if over 75 parking spaces are required for non-residential uses.

According to Building staff, the applicable parking standards outside the Central Area for a groceteria or supermarket use are one parking space for each 28 m2 of selling space. Should an office building be built one parking space for each 93 m2 of rentable space would be required. Discussions are underway to encourage the applicant to consider expanding the possible development senarios here to include a mixed-use project approach. This would increase “employment uses”, the intensity of use and value-added activities.

The film industry continues to grow and has indicated a firm interest in the area and the planning study. Indication is that the grocery store proposed for 731 Eastern Avenue would not cause them any concern and would be considered a compatible use.

The last issue to be addressed is a relocation or improved integration of the Tim Horton’s/Wendy’s establishment. As part of the Urban Design Guidelines this issue has been identified and will be discussed with the applicant at the next stage. The enhancement of the “liberated” intersection of Leslie Street and Lake Shore Boulevard East and future design guidelines for the entire study area will be discussed at the public meeting on March 26, 2001. A preliminary set of draft Urban Design Guidelines is attached as Appendix C.

3. Meeting with the applicant regarding further size reduction and use restrictions

A meeting with the applicant took place on February 20, 2001, to discuss the concerns expressed at the Downtown Community Council meeting of February 13, 2001. Staff were instructed to report directly to Council on a further size reduction and further use restrictions for retail and service uses proposed in this application. The applicant indicated that the grocery store could be approximately 2,400 m2 and the remaining 500 m2 could be used for other retail uses, such as a drug store.

I understand that the lease arrangements for a tenant have yet to be finalized. I am not recommending any changes to the by-law at this time that would modify the uses permitted here. The grocery store use is supportable at 731 Eastern Avenue. A technical modification to the by- law that I am proposing is to the term “food and beverage store”. Consultation with Building staff has indicated that the term “groceteria or supermarket” should be substituted and would ensure the parking standard of 1 parking space for each 28 m2 of selling space is applied as intended. Therefore, I am recommending that the existing Zoning By-law term “groceteria or supermarket” be substituted for “food and beverage store” in the proposed by-law.

As a result of continued concern regarding the size of the proposed single retail use and given that the applicant has indicated that a 2,400 m2 store is viable at this location, I am recommending that the groceteria or supermarket use be limited to 2,400 m2. The existing I2 use list allows other service uses for the remainder of the site. Toronto City Council 43 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Modifications suggested by the applicant such as reducing their requested height limit from 45 m to 30 m and maintaining all of the I2 uses will not be pursued. As far as the existing restaurant size limit of 475 m2 is concerned, I will not be recommending any changes to this size restriction.

4. Community meeting

A meeting is set for March 26, 2001, to discuss the findings of the planning study for the area south of Eastern Avenue with the public and inform the neighbourhood on the status of the application. In addition, attached for further discussion at the meeting is the preliminary draft list of Urban Design Criteria for the study area. The Leslieville Business Association members have been invited to this meeting. The outcome of the community meeting will be available for the Ontario Municipal Board hearing.

Conclusions:

Staff met with the applicant on February 20, 2001, to discuss the concerns expressed at the Downtown Community Council meeting held on February 13, 2001. The applicant wishes to expand the retail mix for the site as well as expand the restaurant permission. At this point in time a tenant is not firmly secured for the site. Prior to the Ontario Municipal Board hearing a community meeting is planned for March 26 to discuss the issues further. This report recommends a size reduction for the proposed single retail use and renames the use as groceteria and supermarket. Planning staff have taken into account comments from Building staff. Staff of Works and Emergency Services have also been consulted regarding the auto-related issues. The recommendations contained in my report dated January 30, 2001 are superceded by the recommendations in this report.

Contact:

Denise Graham, Senior Planner Telephone: 416-392-0871; Fax: 416-392-1330 E-mail: dgraham@ city.toronto.on.ca

Appendix A

1. South Riverdale Community Health Centre, June 7, 2000

As an Environmental Health Promoter/Researcher at the South Riverdale Community Health Centre, I would like to express my concerns of the planning application 199019 which proposes to place retail space on the restricted industrial area at 731 Eastern Avenue. It is my understanding that this space is a proposed grocery food store which, if built, would be adjacent to the Lead Oxide Plan of the Canada Metal Company. The lead committee of the SRCHC has expressed concern that this is not a compatible land use as the potential for lead contamination of food stuffs exists if such an establishment is placed next to the plant. Toronto City Council 44 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Lead is highly toxic substance and food is the major pathway of exposure for contaminants. Despite assurances that every effort will be made to place fences around the site and that Canada Metal is responsible from preventing illegal emissions, there is always the potential for unexpected upsets that could result in the dispersion of lead. This would mean that the fine lead dust from the oxide plan could land on food stuffs while being loaded resulting in the contamination of a major pathway of exposure to people. It is very important, therefore, in the planning study to incorporate these considerations.

We look forward to the community meeting and hope it will be a fruitful discussion. If you have any further questions, please do not hesitate to contact me at 416-1925 x 246.

2. Belvedere Interests, December 21, 2000

Thank you for meeting with James O’Malley and me to discuss potential future land uses for the property. We wish to repeat in seeing (as a part of your Secondary Plan study) the suggested uses outlined in our letter to you date November 22, 2000.

We would also like to have you consider adding recreational uses such as soccer, hockey, roller skating or indoor children’s play zones to the list permitted uses. Any proposed retail uses would be ancillary to the artisan or crafts operations in the complex (i.e. galleries, home décor shops, showrooms. Any restaurant uses would be pubs or café’s to support local needs instead of regional draws (like the Docks). We are not pursuing residential uses or live/work approval. We will leave this item up to you notwithstanding the current pressures from Carlaw Avenue.

We also wish to work with your ongoing urban design initiatives to review options to pull a pedestrian connection through the site and deal with streetscapes along Eastern and Lakeshore. We intend to work with City staff to study options for a vehicular access to Lakeshore Avenue as appropriate. Finally, we would stress the appropriateness of both an OPA and rezoning as part of the Secondary Plan. This would go a long way to kick start local regeneration on our lands as well as others in the area in much the same way a similar exercise rejuvenated “The Kings”

November 22, 2000 I am writing on behalf of Mr. Ernest L. Furtado and Mr. James O’Malley of Studio City International Corp. Thank you for meeting with us on October 31, 2000, to walk through the building and initiate discussions about the potential for the site.

We have started a leasing programme for the existing space as well as examining long term options for the site. Our preliminary investigations can be broken down as follows:

Existing Building The existing building can be divided into several potential uses depending on the nature of the space and location within the building. We feel that the areas of the building along Eastern Avenue are well suited to professional offices (architects, accountants, etc.), commercial uses (i.e. publishers, high tech, photographers, etc.) borderline retail uses (furniture showrooms, cafes) and live/work residential space. Toronto City Council 45 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

The southern and middle components of the building are best suited to storage, studios, work shops, etc.

Land

The surrounding vacant lands are extensive. There is a potential here for parking, outside storage related to the studio industry. (i.e. stage sets) and new construction. This new construction will potentially include all of the uses mentioned for the middle and south side of the existing building.

We understand that City Planning has embarked upon a land use study for the lands south of Eastern Avenue westerly from Leslie Avenue. 633/661 Eastern Avenue falls within this study area. We request that your study include our building/lands and consider the uses noted above. We also feel that access to Lakeshore Drive directly from out site is warranted and appropriate and should be a component of your examination of the future of the area.

It is our belief that this area is under pressure for more mixed uses to better respond to the demands of the new city economy. 633/661 Eastern Avenue is well located and is large enough to accommodate these uses.

We will be contacting you in the next few days to set up a meeting to discuss these preliminary conclusions.

Appendix B Revised Proposed Zoning By-law Amendment

Authority: Enacted by Council:

CITY OF TORONTO BY-LAW NO. –2001

To amend the General Zoning By-law No. 438-86 of the former City of Toronto with respect to the lands known as 731 Eastern Avenue.

The Council of the City of Toronto HEREBY ENACTS as follows:

1. District Map No. 52G-324 contained in Appendix “A” of By-law No. 438-86, being “A By-law To regulate the use of land and the erection, use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto”, as amended, is further amended by,

(1) redesignating the lands known as 731 Eastern Avenue from I2 D5 to IC D5 N1. Toronto City Council 46 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

2. District Map No. 52G-324 contained in Appendix “B” of By-law No. 438-86, being “A By-law To regulate the height and minimum lot frontage in various areas of the City of Toronto"” as amended, is further amended by,

(1) adding a height limit of 26.0 metres to the southern portion of the site with no limit. 3. Amend Section 12 (2) 270 to permit a 2,400 square metre retail store containing only a groceteria or supermarket.

4. Insert new Section 12 (1) (449) to permit additional uses including:

“food warehouse, food wholesaling establishment, storage warehouse - Class A, cleaning plant, bread distributing depot, courier service, industrial catering service, postal sorting station, security service and business equipment, shipping trans-shipping or distributing depot, bakery, brewery, electronic equipment factory, manufacturing plant, photographic plant, plastic products factory, soft drink bottling works, textile factory, vegetable food products factory, vegetable oils plant, wholesale dyeing plants, winery and wood products factory.”

5. Prohibit residential uses on the lot. For the purposes of this section, the term residential includes live/work and artist live/work studio.

Proposed Official Plan Amendment

18.521 Lands on the west side of Leslie Street between Eastern Avenue/Mosley Street and Lake Shore Boulevard East 731 Eastern Avenue See Map 18.------at the end of this Section Notwithstanding any other provisions of this plan, the lands known as 731 Eastern Avenue in the year 2001 are designated as a General Use Area. Council may pass by-laws to permit industrial and commercial uses within the following density limits:

(a) industrial buildings or uses provided that the total density on the site does not exceed 5 times the area of the lot;

(b) commercial buildings or uses provided that the total non-residential gross floor area does not exceed 14,450 square metres and of this any retail use does not exceed 2,400 square metres greater than existed on the date of passage of the by-law; or (c) a combination of industrial and commercial uses up to a density of 5 times the area of the lot provided that the commercial component does not exceed 14,450 square metres of which any retail use does not exceed 2,400 square metres greater than existed on the date of passage of the by-aw. Toronto City Council 47 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Prior to the granting of Site Plan Approval, the owner of the site shall:

(a) submit and have received the City’s approval of a Traffic Impact Assessment study; (b) comply with any Urban Design Guidelines prepared for the area and adopted by Council; (c) receive the approval of the City with respect to environmental remediation; and

(d) satisfy the Toronto Region and Conservation Authority.

No portion of the site shall be used for residential purposes.

For the purpose of this section, the term residential includes live/work or artist live/work studio.

Appendix C Draft Urban Design Guidelines

Leslie/Eastern Avenue/Rushbrooke

Site Design

Built form at the corner of Leslie Street and Lake Shore Boulevard should be designed to provide exterior space for pedestrians at grade and be suitably integrated into the linear park along Lake Shore Boulevard. The drive-thru restaurant should be integrated into any future development plans for 731 Eastern Avenue. Maintain the industrial character of the area while promoting environmental clean-up.

All new development should address and enhance the Eastern Avenue frontage and the Lake Shore Boulevard linear park.

View Corridors/Pedestrian Connectors

View Corridors/Pedestrian Connectors should be extensions generally on axis with existing north-south street right-of-ways north of Eastern Avenue.

To be consistent, the right-of-ways shall include the street width, lighting, landscaping and, where applicable, pedestrian sidewalks.

Right-of-ways must provide clear, direct, public connections from Eastern Avenue to Lake Shore Boulevard East and the linear park. The edge of the right-of-ways shall be lined with building frontages to provide a clear demarcation between the public realm and private development sites. Toronto City Council 48 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Rushbrooke Avenue

Rushbrooke Avenue should be extended south from Eastern Avenue to Lake Shore Boulevard. The edges of the Rushbrooke Avenue connector to the south should be lined with built form to provide a clear demarcation between the public realm and private development. The connector should be landscaped with trees on each side. The right-of-way and street wall should match Rushbrooke Avenue north of Eastern Avenue.

Larchmount Avenue

Larchmount Avenue should be extended south from Eastern Avenue to Lake Shore Boulevard. The edges of the Larchmount Avenue connector to the south should be lined with built form to provide a clear demarcation between the public realm and private development. The connector should be landscaped with trees on each side. The right-of-way and street wall should match Larchmount Avenue north of Eastern Avenue.

Built form

New development should be sited in alignment with existing built form consistent with street frontage setbacks. The primary entrances should face the existing street or connector. Locate corner buildings to mark the corners and to give them prominence. Site buildings at the edge of the park to provide overlook and to complete the block. Built form along Leslie Street, Eastern Avenue and Lake Shore Boulevard should not exceed a height of 6 storeys or 26 metres.

Parking and Servicing

Loading areas and servicing should be oriented away from the residential area. Eastern Avenue, Leslie Street, Lake Shore Boulevard and the new connectors should not be permitted to locate servicing and parking facing them or abutting them. In order to minimize disruptions to the Rushbrooke and Larchmount connectors, parking should be encouraged to locate in the centre of the site.

Microclimate

Built form should be designed to minimize shadowing and wind on public open space. Noise and vibration abatement features should be used along Lake Shore Boulevard .

Streetscape

Rushbrooke and Larchmount should have concrete sidewalks and be planted with trees on both sides of the street and new development should provide trees.

Public Art

Public art opportunities should be identified and encouraged.) Toronto City Council 49 Downtown Community Council March 6, 7 and 8, 2001 Report No. 2, Clause No. 17

Insert Map 731 Eastern Avenue File # TCC-Z199019