5 Year Official Plan and Municipal Comprehensive Reviews: Final Assessment – Request To Convert Employment Lands

LOCATION
Address 28 Bathurst Street Major Intersection Bathurst and Front Streets Community Council / Ward Toronto East York/Ward 19 - Trinity Spadina

RECOMMENDATIONS
The City Planning Division recommends that: 1. Based on the criteria in the Growth Plan, the Provincial Policy Statement and the Official Plan policies, City Council convert the employment lands at 28 Bathurst Street by designating them as Regeneration Areas; 2. City Council remove the lands at 28 Bathurst Street from Area 2, Site and Area Specific Policy within the Garrison Common North Secondary Plan; and 3. City Council amend the Garrison Common North Secondary Plan to establish the following: a. Permission for existing uses at 2 Tecumseth Street until such time as the current meat processing operations cease; b. Conditions for the re-development of both 28 Bathurst Street and 2 Tecumseth Street within the broader context of the area; and c. Completion of the ongoing study for the Bathurst, Tecumseth, Wellington, Strachan area, which among other matters will identify and locate a land use buffer to be designated General Employment Areas between the City Works and Emergency Services yard and potential sensitive land uses that may be introduced onto the lands east of the yard as a result of the study.

CONVERSION REQUEST DETAILS
Applicant / Owner Build Toronto (applicant) / City of Toronto (owner) Request / Development Proposal Request by letter dated April 24, 2012 to redesignate the lands to Mixed Use Areas.
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Application File No. and Status Application No. 12 297477 STE 19 OZ was submitted on December 21, 2012. A Preliminary Report dated March 13, 2013 was adopted by Planning and Growth Management Committee on April 11, 2013. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2013.PG23.3

POLICY AND AREA CONTEXT
Official Plan and Zoning The Official Plan identifies the site as an Employment District on Map 2: Urban Structure Map and it is designated as Employment Areas (Section 4.6, Land Use Plan Map 18). The lands are also subject to The Garrison Common North Secondary Plan (Chapter 6, Section 14). The former City of Toronto Zoning Code zones the property as follows: a) MCR T3.0 C1.0 R2.5, Height 36 metres (Bathurst Street frontage); and b) I1 D3, Height 18 metres (balance of lands). The following land use designations and zoning categories surround the site: North: South: East: West: Employment Areas, Mixed Use Areas, Neighbourhoods / Residential ('R') 3 Z1.5 Utility Corridors / Transportation ('T') Regeneration Areas / Regeneration Areas ('RA') Employment Areas / Industrial ('I') 2 D3

Site and Surrounding Area The site is approximately 970 square metres in area, and as of September, 2013 contains parking on the southern portion and daycare and shelter uses on the northern portion. As of September, 2013 the following uses surround the site: North: low scale residential (north of daycare and shelter), artist live/work units north of the western portion of the site; South: Lakeshore rail corridor; East: an approved development comprising 8 to 18-storey mixed-use buildings with residential and non-residential floor space (File No. 11 230641 STE 20 OZ); and West: abattoir and meat processing operations.

PLANNING RATIONALE SUMMARY
The existing supply of Employment Areas is sufficient to meet the 2031 Provincial employment forecasts in Toronto and it is anticipated that the City will meet the employment forecasts allocated to the municipality pursuant to the Growth Plan. It should be noted however that while no single conversion request would affect this outcome, multiple conversions could impact Toronto's ability to meet the Provincial employment forecast.

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Although the City does not need to convert any employment designated lands to meet the population forecasts as provided by the Growth Plan, converting the site by designating it as Regeneration Areas is desirable to address a number of key planning issues related to the potential redevelopment of a former industrial site within an increasing residential context. The City owned lands were once the location of Toronto Refiners and Smelters Ltd. and as a result are heavily contaminated. Furthermore, the site is in close proximity to sensitive residential land uses to the north and additional residential uses will be occupying the site to the east of the lands. Given this context, there is a need to ensure the underlying contamination is removed through site remediation and that any redevelopment is compatible with nearby residential uses. It is City Planning staff's opinion that the proposed Regeneration Areas designation is appropriate for these purposes. However, 28 Bathurst Street is directly east of an abattoir and meat processing facility located at 2 Tecumseth Street. Although the owners of 2 Tecumseth have also submitted a conversion request (see Final Assessment for 2 Tecumseth Street), there is no indication at this time that there are any plans to cease current operations in the near future. The facility (Quality Meats) currently employs approximately 780 people and as such is an important contributor to the City's economy. As such, it is recommended that conditions be placed on any potential redevelopment of the lands at 28 Bathurst Street by way of the proposed Site and Area Specific Policy within the Garrison Common Secondary Plan. The proposed Site and Area Specific Policy permits consideration of residential uses on the Bathurst Street frontage provided the lands are appropriately remediated in accordance to the requirements and guidelines set by the Ministry of the Environment but restricts residential and other sensitive uses within a 70 metre buffer zone east of Tecumseth Street. City Planning staff are recommending this 70 metre buffer in accordance with the Province's D-6 Guidelines for sensitive land uses in proximity to industrial uses, as a protective measure until such time as Quality Meats ceases operations. Additional proposed protective measures include the requirement that any redevelopment application for 28 Bathurst Street be accompanied by phasing and construction management plans. The proposed amendment also recognizes and addresses the potential impact the possible future redevelopment of 2 Tecumseth Street could have on the surrounding area especially when combined with the possible conversion and redevelopment of 28 Bathurst Street. As City Planning staff evaluated the two conversion requests, other major planning issues emerged including the maintenance of employment in the area, the relationship to the residential communities to the north, transportation and pedestrian connections through the area, buffering to the rail corridor to the south, the provision of community services and facilities, the potential impact on a City owned heritage structure and on views to Fort York. Furthermore, 2 Tecumseth Street directly abuts a strategic City Works and Emergency Service yard located at 677 and 701 Wellington Street West necessitating the need for additional buffering.

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In response to these and other issues, Planning and Growth Management Committee directed City Planning staff on May 16, 2013 to undertake a study of the area bounded by Bathurst Street, Strachan Avenue, the rail corridor and Wellington Street West. The Committee's direction can be found at this link: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2013.PG24.5 Since receiving direction to undertake the study, City Planning staff have had initial meetings with staff from other divisions and representatives of the conversion request submissions. An official launch of the study was held on October 15, 2013 and it is anticipated there will be significant interest on the part of the public, landowners and other stakeholders. Although the Municipal Comprehensive Review is to be completed shortly, City Planning staff believe the proposed Site and Area Specific Policy and proposed Regeneration Areas land use designation is sufficient to allow the study to reach its conclusion. A critical outcome of the study will be the establishment of a land use buffer to be designated as General Employment Areas between the City Works and Emergency Services yard and any potential sensitive land uses that could be introduced onto 2 Tecumseth Street and other adjoining lands as a result of the area study. This employment land use is critical to firstly provide space for employment uses in the area and secondly to permit the long term operation and buffering of the City Works and Emergency Services yard. The proposed Site and Area Specific Policy provides for any amendments as may be required to the Secondary Plan in order to incorporate the conclusions of the study. Although there are community facilities and services within the 28 Bathurst Street area, including an onsite, City owned daycare, there is a need to ensure that there will be sufficient services to accommodate the possible combined redevelopment of both 28 Bathurst and 2 Tecumseth Streets. As such, it is recommended that the above noted study evaluate the need for and if necessary ensure the provision of these services. It is staff's opinion that there is no need for the requested conversion to meet the City's population forecasts as provided by the Growth Plan. However, conversion of 28 Bathurst Street, subject to a number of conditions is desirable to address a number of significant planning related issues including environmental remediation and ensuring any potential redevelopment on the site is compatible with the increasing residential context of the area and considers remaining impactful industries. City Planning staff recommend that the site be designated as Regeneration Areas and that City Council introduce a Site and Area Specific Policy in the Garrison Common North Secondary Plan to give direction to the redevelopment of both this site and 2 Tecumseth Street, as well as ensure broader community wide impacts are considered through the ongoing area study. Accordingly, it is also recommended that the lands at 28 Bathurst Street be removed from the existing Area 2, Site and Area Specific Policy in the Secondary Plan to reflect the above recommended approach for these lands.

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Recommended Official Plan Amendment – 28 Bathurst Street and nearby lands Chapter 6, Section 14, Garrison Common North Secondary Plan, is amended by deleting the map and policies for Site and Area Specific Policy No. 1 and replacing it with the following map and text: "1. 28 Bathurst Street, 2 Tecumseth Street, 677, 701 Wellington Street and 53 Strachan Avenue

a) The meat processing operations located at 2 Tecumseth Street as of December 16, 2013 are permitted until such time the plant ceases operations. Until such time the plant ceases operations the following will apply: i) all development and re-development proponents for sensitive residential uses within 70m of the plant will submit a study prior to the enactment of any zoning by-law amendment that evaluates, to the satisfaction of the City of Toronto in consultation with the Ministry of the Environment, how the proposed sensitive residential use would affect the ability of the plant to carry out normal business activities. 13

Staff report for action on Official Plan and Municipal Comprehensive Reviews: Final Report

The study will also evaluate whether the anticipated users of the proposed residential use will potentially be subject to adverse effects from on-site contamination or from odour, noise and other contaminants that could be discharged from the plant and recommend to the satisfaction of the City any necessary mitigation and/or buffering measures to be undertaken by the proponent; ii) any proposed development for adjacent sites including all lands from 28 Bathurst Street west to Strachan Avenue and north from the rail corridor to King Street West will include a construction management plan as part of the application. The plan will to the satisfaction of the Chief Planner and Executive Director, City Planning Division, evaluate the impact construction vehicles could have on the employment operations at 2 Tecumseth Street and propose mitigation measures if required to be undertaken by the proponent.

b) Residential uses along the Bathurst Street frontage of 28 Bathurst Street may be permitted subject to the following: i) the lands have been environmentally remediated to requirements as established by the Ministry of the Environment; the proposed development adheres to the City's Mid-rise Guidelines; the proposed development is appropriately buffered to the satisfaction of the appropriate railway authorities from the rail corridor to the south; and the proposed development is consistent with the results of the Bathurst-Strachan-Wellington area study.

ii) iii)

iv)

c) Until such time as the meat processing facility located at 2 Tecumseth Street ceases operations, no sensitive uses, including residential uses will be permitted on the portion of the lands at 28 Bathurst Street that extends 70m from Tecumseth Street. Non-sensitive uses such as offices, studios, parks, and parking will be permitted in the interim within the 70 metre buffer zone. d) Any proposed development for 28 Bathurst Street, will include a phasing plan to be submitted that among other matters as may be identified addresses to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the following: i) if required, strategies to accommodate and if necessary relocate the parking for the employees of 2 Tecumseth Street;

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ii)

iii) iv)

impacts proposed construction may have on the adjoining daycare facility and if required any proposed mitigation measures to be undertaken by the proponent; the provision of 1 FSI (net required setbacks) of employment space on the lands; and timing and phasing of required environmental remediation.

e) The area will be subject to a study, which is intended to set out a framework for the potential re-development of the area while taking into consideration the need to maintain employment in the area, the need to buffer potentially sensitive uses from impactful ongoing employment operations in the area (i.e.: City works yard), the establishment of effective connections and transition to the existing neighbourhood and the provision of parks and community services. Until this study is completed and the findings implemented, redevelopment that includes residential uses is not permitted on the lands at 2 Tecumseth Street. Amendments to this policy and/or Secondary Plan may be considered as required in order to incorporate and/or implement the conclusions, findings and/or recommendations of the study. In addition to the matters identified in Section 4.7.2 of the Official Plan, the study will: i) consider the potential redevelopment of the lands at 2 Tecumseth Street once current meat processing operations have ceased; identify and locate an appropriate land use buffer to be designated General Employment Areas in order to protect and buffer potential sensitive uses on lands east of the City Works and Emergency Services yard located at 677 and 701 Wellington Street West. Employment uses within this buffer zone will be limited to residentially sensitive employment uses such as offices and studios; identify and locate appropriate buffering to the rail corridor on the southern boundary of the study area; explore the potential to exchange and/or purchase/sale of portions of land between owners to achieve the above buffering and create a more efficient ownership pattern for City operations at the Wellington Street West yard; address heritage considerations for the Wellington Street incinerator and the potential for adaptive re-use and preservation of the existing structure; identify appropriate buffering and transition to the low scale existing residential uses in the area; address measures to effectively link the study area with roads, pathways and/or corridors; 15

ii)

iii)

iv)

v)

vi)

vii)

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identify the appropriate location of new parks, open space and pedestrian links and treatment to existing parks in the area; assess potential view impacts on Fort York due to potential development in the area; identify strategies to visually enhance the Front/Bathurst Street terminus; and address the provision, location and/or relocation of community services and facilities in the study area such as daycares, libraries, community/recreation centres and public educational facilities."

ix)

x)

xi)

Chapter 6, Section 14, Garrison Common North Secondary Plan, is amended by deleting the map for Site and Area Specific Policy No. 2 and replacing it with the following map in order to remove 28 Bathurst Street from the map and policies for Site and Area Specific Policy 2.

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