Item - 2012.PG19.6

Tracking Status

PG19.6 - 158, 164, 181 and 200 Sterling Road - Official Plan Amendment and Zoning Amendment Applications - Refusal Report

Decision Type:
ACTION
Status:
Adopted
Ward:
18 - Davenport

City Council Decision

City Council on November 27, 28 and 29, 2012, adopted the following:

 

1.         City Council refuse the Official Plan Amendment application and the Zoning Amendment application 11-228729 STE 18 OZ for 158, 164, 181 and 200 Sterling Road for the following reasons:

 

a.         the proposal conflicts with the Growth Plan for the Greater Golden Horseshoe;

 

b        the proposal is inconsistent with the Provincial Policy Statement;

 

c.         the proposal will destabilize a large, viable and active employment area; and

 

             d.        the proposal may have negative impacts on active businesses in close proximity to the site.

Background Information (Committee)

(October 11, 2012) Report from the Chief Planner and Executive Director on 158, 164, 181 and 200 Sterling Rd - Official Plan Amendment and Zoning Amendment Applications - Refusal Report
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-51484.pdf

Communications (Committee)

(November 7, 2012) E-mail from Ann Homan, DIG IN Member and Neighbourhood Resident (PG.New.PG19.6.1)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-33050.pdf
(November 7, 2012) Letter from Catherine O'Brien, Vice President, Corporate Affairs, Nestle Canada Inc. (PG.New.PG19.6.2)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-33062.pdf
(November 8, 2012) E-mail from Elise Hug (PG.New.PG19.6.3)
(November 7, 2012) Letter from Jonah Schein, MPP Davenport, Ontario Legislative Assembly (PG.New.PG19.6.4)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-33152.pdf

Communications (City Council)

(November 23, 2012) Letter from Andrew Judge, President, The Toronto Industry Network (CC.Supp.PG19.6.5)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-33560.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Nov-27-2012 8:13 PM

Result: Carried Majority Required - PG19.6 - Adopt the item
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Ana Bailão
Total members that were Absent: 8 Members that were absent are Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Doug Ford, Rob Ford, Giorgio Mammoliti, Karen Stintz

PG19.6 - 158, 164, 181 and 200 Sterling Road - Official Plan Amendment and Zoning Amendment Applications - Refusal Report

Decision Type:
ACTION
Status:
Adopted
Ward:
18 - Davenport

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.         City Council refuse the Official Plan Amendment application and the Zoning Amendment application 11-228729 STE 18 OZ for 158, 164, 181 and 200 Sterling Road for the following reasons:

 

a.         the proposal conflicts with the Growth Plan for the Greater Golden Horseshoe;

 

b        the proposal is inconsistent with the Provincial Policy Statement;

 

c.         the proposal will destabilize a large, viable and active employment area; and

 

            d.         the proposal may have negative impacts on active businesses in close proximity to the site.

Origin

(October 11, 2012) Report from the Chief Planner and Executive Director, City Planning Division

Summary

These applications at 158, 164, 181 and 200 Sterling Road propose to amend the Official Plan and the Zoning By-law by converting the Employment Areas designated, industrially zoned site to allow for residential and commercial uses. The proposal includes 683 residential units (56,353 square metres of residential gross floor area), 61,753 square metres of non-residential gross floor area, a park, and renovation of the historically designated building on the site for commercial and residential use. The site is proposed to be broken into 6 development blocks with a new north/south road through the site, a realigned Perth Avenue and 1,692 parking spaces.

 

This report reviews and recommends the refusal of the Official Plan Amendment application and the Zoning By-law Amendment application.

 

The Official Plan Amendment application cannot be supported as it does not conform to the Growth Plan and it is not consistent with the Provincial Policy Statement (PPS). Approval of the application, without first completing a municipal comprehensive review, would be contrary to the PPS and the Growth Plan.

 

The Planning Act requires that the decisions of City Council be consistent with the Provincial Policy Statement and conform with, or not conflict with, provincial plans. As well, the Places to Grow Act 2005 requires that all municipal planning decisions conform with the Growth Plan.

 

In addition, the proposal would destabilize an employment area which contains a variety of viable and successful businesses.

Background Information

(October 11, 2012) Report from the Chief Planner and Executive Director on 158, 164, 181 and 200 Sterling Rd - Official Plan Amendment and Zoning Amendment Applications - Refusal Report
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-51484.pdf

Communications

(November 7, 2012) E-mail from Ann Homan, DIG IN Member and Neighbourhood Resident (PG.New.PG19.6.1)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-33050.pdf
(November 7, 2012) Letter from Catherine O'Brien, Vice President, Corporate Affairs, Nestle Canada Inc. (PG.New.PG19.6.2)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-33062.pdf
(November 8, 2012) E-mail from Elise Hug (PG.New.PG19.6.3)
(November 7, 2012) Letter from Jonah Schein, MPP Davenport, Ontario Legislative Assembly (PG.New.PG19.6.4)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-33152.pdf

Speakers

Tim Jones, President and Chief Executive Officer, Artscape
Pino Di Mascio, Castlepoint Studio Partners
Alan Heisey, Q.C., Solicitor for Castlepoint
John Cartwright, Toronto and York Region Labour Council
Said Duale, Chair, CAW Local 252
John Humphrey, United Steelworkers Toronto Area Council
Barry Lines
Annette Rombeiro
Gerald S. Swinkin, Partner, Blake, Cassels and Graydon LLP
Michael McClelland, ERA Architect
David H. Dawson, Praise Sanctuary Church
Philip Share, South Perth Sterling Road Residents Association
Ludlow Miller, Church of the First Born
Alfredo Romano, President, Castlepoint
Jenny Ahn, CAW Director, Political Action
Kori Ifaloju
Mark Gouthro

Motions

1 - Motion to Refer Item moved by Councillor Ana Bailão (Lost)

That the Committee:

 

1.  Refer this item back to staff until the mediation process described below is complete.

 

2,  Direct the Deputy City Manager and the Chief Planner to work with the local Councillor's office to identify a mediation process, and an independent third party to lead this process, to address the issues outlined below and others that may arise through the process.

 

  1. An appropriate separation distance between the Nestle factory located at 72 Sterling Road and any proposed residential uses;
  2. Securing mitigation measures required by the Ministry of Environment and Energy (MOEE)
  3. Appropriate non-residential uses for the site;
  4. Phasing of the development with commitment to the timing of employment uses phasing;
  5. Restoration of the heritage building;
  6. Appropriate building heights;
  7. Appropriate building separation distances;
  8. Location of a new public park;
  9. Location and ownership of the new road through the site;
  10. Community benefits secured through Section 37 of the Planning Act; and
  11. Amount and location of parking.

 

The mediation should include the local Councillor, City Staff, the applicant, Nestle, community representatives, Nestle Workers representatives and other area stakeholders and should work towards a possible resolution.

 

  1. That staff report back on the mediation process and the progress of a possible resolution to Planning and Growth Management Committee in May 2013.

2 - Motion to Adopt Item moved by Councillor Adam Vaughan (Carried)
Source: Toronto City Clerk at www.toronto.ca/council