Item - 2010.PG38.3

Tracking Status

PG38.3 - Final Changes Made to the Draft Zoning By-law

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Decision

The Planning and Growth Management Committee:

 

1.         Directed the Chief Planner and Executive Director, City Planning to incorporate the following changes into the final version of the new Zoning By-law:

 

Industrial zone categories:

 

a.         Add a NEW Section 60.20.20.1 (2) to read:

 

Interpreting Permitted Manufacturing Uses in the E Zone

 

Despite regulation 1.20.2 (11) a manufacturing use is permitted generally in the E zone and regulations 60.20.20.10 (1) and 60.20.20.20 (1) lists specific manufacturing uses that are not permitted in the E zone.

 

b.         Add a NEW Section 60.30.20.1 (2) to read:

 

Interpreting Permitted Manufacturing Uses in the EH Zone

 

Despite regulation 1.20.2 (11) a manufacturing use is permitted generally in the EH zone and regulations 60.30.20.10 (1) and 60.30.20.20 (1) lists specific manufacturing uses that are not permitted in the EH zone.

 

c.         Revise Section 60.5.1.10 (3) to read:

 

Gross Floor Area Calculations for Manufacturing Uses in Employment Industrial Zones

 

Despite the definition of gross floor area in this By-law, for the purposes of calculating the floor space index for a lot in an Employment Industrial Zone category, the gross floor area of a building used for manufacturing use, does not include storage rooms or washroom in the basement, voids at the level of each floor, such as an atrium, mezzanine, stairwell, escalator, elevator, ventilation duct, utility shaft, utility areas used for the purposes of servicing the building, or structures associated with equipment, such as catwalks or service platforms.

 

d.         Revise Section 60.20.20.100 (2) to read:

 

Ancillary Office Condition in E Zone

 

In an E zone, the maximum interior floor area on a lot used for ancillary office to a manufacturing use is the lesser of:

 

49% of the interior floor area of the building; or

a floor space index of 0.5.

 

e.         Revise Section 60.30.20.100 to read:

 

Ancillary Office Condition in EH Zone

 

In an EH zone, the maximum interior floor area on a lot used for ancillary office to a manufacturing use is the lesser of:

 

10% of the interior floor area of the building; or

a floor space index of 0.1.

 

f.          Revise Section 60.20.20.100 (4) to read:

 

Ancillary Retail Store Condition (in E Zone)

 

In an E zone, an ancillary retail store is only permitted with a permitted manufacturing use and the interior floor area devoted to ancillary retail store does not exceed 20% of the total gross floor area of a permitted manufacturing use on the lot.

 

An ancillary retail store on a lot must be delineated by a floor-to-ceiling partition wall from the manufacturing use to prevent public access from these latter uses.

 

g.         Revise Section 60.10.20.30 (5) to read:

 

Ancillary Retail Store or Ancillary Eating Establishment Condition (in EL Zone)

 

In an EL zone, an ancillary retail store, ancillary eating establishment, or ancillary take-out eating establishment is only permitted with a permitted manufacturing use and the total interior floor area devoted to ancillary retail, ancillary eating establishment, or ancillary take-out eating establishment may not individually or in combination on a lot exceed 20% of the total gross floor area of a permitted manufacturing use on the lot.

 

An ancillary retail store, ancillary eating establishment or ancillary take-out eating establishment individually or in combination on a lot must be delineated by a floor-to-ceiling partition wall from the manufacturing use to prevent public access from these ancillary uses.

 

h.         Revise Section 60.5.75. 1 (1) by removing the words “cogeneration energy device”.

 

i.          Revise Section 60.5.80.1 (1) by removing the words “an atrium” and adding the works “and associated voids” after the words “utility areas”.

 

j.          Revise Section 60.5.80.1 by adding a new section the same as  60.5.80.1 that addresses the Calculation of Loading Spaces.

 

k.         Remove Sections 60.10.20.1, 60.20.20.1, 60.30.20.1, 60.40.20.1, 60.50.20.1,  50.10.20.1 150.200, 150.200.20 as they reference chemical separation distances.

 

l.          Revise Sections 60.10.80.200 (1)(B), 60.20.80.200 (1)(B), 60.30.80.200 (1)(B) and 60.40.80.200 (1)(B) by adding the words “as per the land uses listed in Table 200.5.10.10” after the words “change in use”.

 

m.        Nightclubs not be permitted in buildings that abut properties zoned for residential use including mixed use buildings

 

2.         Directed that the changes to the draft new Zoning By-law as discussed in the report (May 14, 2010) from the Chief Planner and Executive Director, City Planning be incorporated into the final version of the By-law.

 

3.         Directed that for a trial three-year period in PA1 (Downtown and Central Waterfront), the minimum vehicle parking requirement for new developments may be reduced at a rate of 1 vehicle parking space for every 5 bicycle parking spaces provided in excess of the minimum required amount of bicycle parking by up to a maximum of 20% of the minimum number of required vehicle parking spaces.

 

4.         Requested the General Manager of Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning, to report to the Planning and Growth Management Committee on the proposal to introduce payment in lieu for bicycle parking in the City’s mixed-use growth areas as defined by Parking Policy Areas 1, 2, 3, and 4.

 

5.         Directed the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture, to continue working with Toronto Industry Network, South Etobicoke Industrial Employers Association and other industry representatives to resolve issues and bring forward any recommended changes in time for the June 16, 2010 statutory public meeting.

 

6.         Directed that the decision of Planning and Growth Management to roll Fraternity and Sorority Houses into the rooming House Licensing regime be forwarded to Licensing staff and ask staff to report to the Licensing and Standards Committee to enact this change.

 

7.         Referred the submission from the Canadian Petroleum Products Institute to the Chief Planner and Executive Director, City Planning with the request that he report back on revisions to Section 150.80.20(2) of the Draft By-law that would consider locating stacking lanes in front yards or exterior side yards where the sites are larger than 1,350 square metres or are located in areas without residential or other sensitive land uses.

 

8.         Directed that the next draft of the New Zoning By-law to be released on May 27, 2010 be prepared in both clear text and text with revisions noted.

 

9.         Requested the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee in the fall of 2011 on updating the City's Harmonized Zoning By-law, taking into account any relevant changes to provincial policy, legislation or regulations, and make any further recommendations concerning distancing issues for residential land uses.

Decision Advice and Other Information

The Planning and Growth Management Committee received a presentation from the Chief Planner and Executive Director, City Planning and the Acting Director, Zoning By-law and Environmental Planning, City Planning.

Origin

(May 14, 2010) Report from Chief Planner and Executive Director,City Planning

Summary

This report outlines further changes and refinements to the draft new Zoning By-law that have resulted from the direction of the Committee at the meeting of April 21, 2010, and further input from stakeholders and other interested parties . These changes will be incorporated in the final draft of the new Zoning By-law that will be prepared for the Statutory Open House on May 27, 2010, and brought back to the Committee for final consideration at its meeting to be held on June 16, 2010.

Background Information

Final Changes Made to the Draft Zoning By-law
https://www.toronto.ca/legdocs/mmis/2010/pg/bgrd/backgroundfile-30388.pdf
Final Changes Made to the Draft Zoning By-law (Notice of Pending Report)
https://www.toronto.ca/legdocs/mmis/2010/pg/bgrd/backgroundfile-29916.pdf

Communications

(May 10, 2010) Letter from Wendy Nott, Walker, Nott, Dragicevic Associates Limited (PG.New.PG38.3.1)
(May 12, 2010) E-mail from Ian MacLeod, Bravo Residences Inc. (PG.New.PG38.3.2)
(May 12, 2010) E-mail from Ian MacLeod, Bohemian Embassy Queen St. Residences Inc. (PG.New.PG38.3.3)
(May 13, 2010) E-mail from Sang Won Kim (PG.New.PG38.3.4)
(May 13, 2010) E-mail from Maggi Redmonds (PG.New.PG38.3.5)
(May 14, 2010) E-mail from Catharine Mifflin (PG.New.PG38.3.6)
(May 14, 2010) E-mail from Steven J. O'Melia, Miller Thomson LLP (PG.New.PG38.3.7)
(May 14, 2010) E-mail from Ken MacLeod (PG.New.PG38.3.8)
(May 14, 2010) Letter from Eric A. Bristow, Canadian Petroleum Products Instiute (PG.New.PG38.3.9)
(May 16, 2010) E-mail from Mariana Valverde (PG.New.PG38.3.10)
(May 3, 2010) Letter from Patrick Berne, St. Joseph and Bay Land Corporation (PG.New.PG38.3.11)
(May 17, 2010) E-mail from Allan Reynolds, Linda Lapointe and Emerich Kaspar, Palmerston Area Residents' Association (PG.New.PG38.3.12)
(May 19, 2010) Letter from Christopher J. Tanzola, McCarthy Tetrault LLP (PG.New.PG38.3.13)
(May 18, 2010) E-mail from A. Milliken Heisey, Papazian Heisey Myers, Barristers & Solicitors (PG.New.PG38.3.14)
(May 17, 2010) E-mail from Laurie Letheren, ARCH Disability Law Centre (PG.New.PG38.3.15)
(May 18, 2010) E-mail from David Bronskill, Goodmans LLP (PG.New.PG38.3.16)
(May 19, 2010) Submission from Eric A. Bristow, Canadian Petroleum Products Institute (PG.New.PG38.3.17)
(May 19, 2010) Letter from Katarzyna Silwa, Davies Howe Partners (PG.New.PG38.3.18)
(May 19, 2010) E-mail from Barbara Hall, Chief Commissioner, Ontario Human Rights Commission (PG.New.PG38.3.19)
(May 20, 2010) E-mail from Mark Noskiewicz, Goodmans LLP (PG.New.PG38.3.20)
(May 19, 2010) E-mail from Christopher J. Tanzola, McCarthy Tetrault LLP (PG.New.PG38.3.21)
(May 19, 2010) E-mail from Christopher J. Tanzola, McCarthy Tetrault LLP (PG.New.PG38.3.22)
(May 19, 2010) E-mail from Nick Singh, President, Swansea Area Ratepayers' Association (PG.New.PG38.3.23)
(May 19, 2010) E-mail from Eileen Denny, President, Teddington Park Residents Association Inc. (PG.New.PG38.3.24)
(May 19, 2010) E-mail from Wendy Nott (PG.New.PG38.3.25)
(May 19, 2010) E-mail from Daniel B. Artenosi, Associate, McCarthy Tetrault (PG.New.PG38.3.26)
(May 19, 2010) E-mail from George Milbrandt, Co-Chair, FoNTRA (PG.New.PG38.3.27)
(May 19, 2010) E-mail from Mark and Mary Lou Shapiro (PG.New.PG38.3.28)
(May 19, 2010) Letter from Leslie McDonald, Habitat Services (PG.New.PG38.3.29)
(May 19, 2010) E-mail from Al Brezina, President, South Etobicoke Industrial Employers Association (PG.New.PG38.3.30)
(May 19, 2010) Letter from Christopher J. Tanzola, McCarthy Tetrault (PG.New.PG38.3.31)

Speakers

Eric A. Bristow, Canadian Petroleum Products Institute (Submission Filed)
Paul Dowling, HomeComing Community Choice Coalition
Calvin Lantz, Stikeman Elliott
Patrick Berne, The Muzzo Group of Companies (Submission Filed)
Eileen Denny, Teddington Park Residents Association Inc. (Submission Filed)
Leslie McDonald, Habitat Services (Submission Filed)
Mark T. Shapiro (Submission Filed)
John McDermott, McDermott & Associates Limited
David Bronskill, Goodmans LLP (Submission Filed)
Barney Savage, Centre for Addiction and Mental Health
Linda Lapointe, Palmerston Area Residents' Association (Submission Filed)
Christopher J. Tanzola, McCarthy Tetrault LLP (Submission Filed)
Al Brezina, South Etobicoke Industrial Employers Assn. (Submission Filed)
Lorne Ross, L. Ross Planning
Katarzyna Sliwa, Davies Howe Partners (Submission Filed)
Linda Chamberlain, The Dream Team

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Carried)

Request the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee in the fall of 2011 on updating the City's Harmonized Zoning By-law, taking into account any relevant changes to provincial policy, legislation or regulations, and make any further recommendations concerning distancing issues for residential land uses.


2 - Motion to Amend Item (Additional) moved by Councillor Norman Kelly (Carried)

That the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture, be directed to continue working with TIN, SEIEA and other industry representatives to resolve issues and bring forward any recommended changes in time for the June 16, 2010 statutory public meeting.


3 - Motion to Amend Item (Additional) moved by Councillor Norman Kelly (Carried)

That the following changes be made to the industrial zone categories:

 

1.         Add a NEW Section 60.20.20.1 (2) to read:

 

Interpreting Permitted Manufacturing Uses in the E Zone

 

Despite regulation 1.20.2 (11) a manufacturing use is permitted generally in the E zone and regulations 60.20.20.10 (1) and 60.20.20.20 (1) lists specific manufacturing uses that are not permitted in the E zone.

 

2.         Add a NEW Section 60.30.20.1 (2) to read:

 

Interpreting Permitted Manufacturing Uses in the EH Zone

 

Despite regulation 1.20.2 (11) a manufacturing use is permitted generally in the EH zone and regulations 60.30.20.10 (1) and 60.30.20.20 (1) lists specific manufacturing uses that are not permitted in the EH zone.

 

3.         Revise Section 60.5.1.10 (3) to read:

 

Gross Floor Area Calculations for Manufacturing Uses in Employment Industrial Zones

 

Despite the definition of gross floor area in this By-law, for the purposes of calculating the floor space index for a lot in an Employment Industrial Zone category, the gross floor area of a building used for manufacturing use, does not include storage rooms or washroom in the basement, voids at the level of each floor, such as an atrium, mezzanine, stairwell, escalator, elevator, ventilation duct, utility shaft, utility areas used for the purposes of servicing the building, or structures associated with equipment, such as catwalks or service platforms.

 

4.         Revise Section 60.20.20.100 (2) to read:

 

In an E zone, the maximum interior floor area on a lot used for ancillary office to a manufacturing use is the lesser of:

 

49% of the interior floor area of the building; or

a floor space index of 0.5.

 

5.         Revise Section 60.30.20.100 to read:

Ancillary Office Condition in EH Zone

 

In an EH zone, the maximum interior floor area on a lot used for ancillary office to a manufacturing use is the lesser of:

 

10% of the interior floor area of the building; or

a floor space index of 0.1.

 

6.         Revise Section 60.20.20.100 (4) to read:

 

Ancillary Retail Store Condition (in E Zone)

 

In an E zone, an ancillary retail store is only permitted with a permitted manufacturing use and the interior floor area devoted to ancillary retail store does not exceed 20% of the total gross floor area of a permitted manufacturing use on the lot.

 

An ancillary retail store on a lot must be delineated by a floor-to-ceiling partition wall from the manufacturing use to prevent public access from these latter uses.

 

7.         Revise Section 60.10.20.30 (5) to read:

 

Ancillary Retail Store or Ancillary Eating Establishment Condition (in EL Zone)

 

In an EL zone, an ancillary retail store, ancillary eating establishment, or ancillary take-out eating establishment is only permitted with a permitted manufacturing use and the total interior floor area devoted to ancillary retail, ancillary eating establishment, or ancillary take-out eating establishment may not individually or in combination on a lot exceed 20% of the total gross floor area of a permitted manufacturing use on the lot.

 

An ancillary retail store, ancillary eating establishment or ancillary take-out eating establishment individually or in combination on a lot must be delineated by a floor-to-ceiling partition wall from the manufacturing use to prevent public access from these ancillary uses.

 

8.         Revise Section 60.5.75. 1 (1) by removing the words “cogeneration energy device”.

 

9.         Revise Section 60.5.80.1 (1) by removing the words “an atrium” and adding the works “and associated voids” after the words “utility areas”.

 

10.       Revise Section 60.5.80.1 by adding a new section the same as  60.5.80.1 that addresses the Calculation of Loading Spaces.

 

11.       Remove Sections 60.10.20.1, 60.20.20.1, 60.30.20.1, 60.40.20.1, 60.50.20.1,  50.10.20.1 150.200, 150.200.20 as they reference chemical separation distances.

 

12.       Revise Sections 60.10.80.200 (1)(B), 60.20.80.200 (1)(B), 60.30.80.200 (1)(B) and 60.40.80.200 (1)(B) by adding the words “as per the land uses listed in Table 200.5.10.10” after the words “change in use”.


4 - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That the Committee refer the submission from the Canadian Petroleum Products Institute to the Chief Planner and Executive Director, City Planning with the request that he report back on revisions to Section 150.80.20(2) of the Draft By-law that would consider locating stacking lanes in front yards or exterior side yards where the sites are larger thatn 1,350 square metres or are located in areas without residential or other sensitive land uses.


5 - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Final)

 

1.         That the Committee forward the decision of Planning and Growth Management to roll Fraternity and Sorority Houses into the rooming House Licensing regime to Licensing staff and ask staff to report to the Licensing and Standards Committee to enact this change. (Carried)

 

2.         request staff to bring forward an amendment to allow private music instruction in semi-detached homes and a cap on the number of students allowed. (Lost)

 

3.         that nightclubs not permitted in buildings that abut properties zoned for residential  use including mixed use buildings. (Carried)

 

4.         delete spacing requirement for group homes. (Lost)


6 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That the next draft of the Harmonized Zoning By-law to be released on May 27, 2010 be prepared in both clear text and text with revisions noted.


7 - Motion to Adopt Item as Amended moved by Councillor Norman Kelly (Carried)
Source: Toronto City Clerk at www.toronto.ca/council