We are the solicitors for…

We are the solicitors for 235 Investment Limited, the owner of the properties municipally known as 235-245 Yorkland Boulevard in the City of Toronto (the “Site”). The Site is located within the Consumers Road Business Park (the “CRBP”), an area bounded by Highway 404 to the west, Sheppard Avenue East to the north, Victoria Park Avenue to the east, and Highway 401 to the south. More specifically, the Site is bounded by Yorkland Boulevard to the east and Highway 404 to the west, with the North Toronto Christian School to the north, and the 10-storey Edward Hotel to the south. The Site is “L-shaped”, with an area of approximately 2.39 hectares, which Site is currently occupied mostly by surface parking with a 3-storey commercial office building on the eastern portion of the Site, which will be demolished as part of the within application, and a 12-storey commercial office building on the western portion of the Site, which is intended to remain. The Site is an excellent candidate for redesignation to permit compatible mixed-use development, especially given the surrounding sensitive uses.

On December 10, 2021, our client submitted an Official Plan Amendment to facilitate the development of the Site with four towers atop two shared podiums on the eastern portion of the Site. The towers would be split into two blocks: one located to the north of the existing 12-storey office building, and one to the south. While the proposal would necessitate the demolition of the existing 3-storey office building, our client would incorporate replacement office space within the podium of the proposal, ensuring no net loss of office space on the Site. To be absolutely clear, there will be no loss of employment uses, and as such, the intent of maintaining the existing employment uses would be met by the approval of the within application. As part of the proposal, our client intends to secure 5% of the total residential units on Site as affordable in recognition of the need for a range of housing options in this growing area. It is important to note that this conversion request is not a true “conversion”, as our client is seeking permission to add a residential component to the site, while ensuring no net loss of office space.

The proposal will incorporate a significant public realm component, with a public park on the portion of the Site formerly occupied by the 3-storey building. The public park is proposed to be 5,238.4 square metres (20% of the Site area) in size, 5% in excess of the required parkland dedication. The public park is sited along the eastern lot line to animate and enhance the public realm along the Yorkland Boulevard frontage and to function as a gathering place for area workers and residents. Along the western boundary of the Site, the proposal includes a 14-metre setback from Highway 404, which setback area will be used as a connection to the proposed Greenway multi-use trail for both pedestrians and cyclists, as contemplated in the City’s Secondary Plan. The 14-metre setback also meets the required distance from highways as per the Ministry of Transportation. The open space condition along the Site’s western boundary is further enhanced by the addition of a Privately-Owned Publicly Accessible Space (POPS) between the Greenway connection and the 12-storey office building. Taken together, the outdoor open space proposed will ensure permeability through Site, linking Yorkland Boulevard to the proposed Greenway connection, and contribute to the Secondary Plan’s vision for the area.

As part of the within application, our client has included Land Use Compatibility studies that confirm there will be no negative impacts relating to noise, vibration or air quality on the residential uses proposed on the Site. The Land Use Compatibility studies also note that from a noise, vibration and air quality perspective, mitigation measures can be put in place to ensure no issues arise from the Site’s proximity to Highway 404. This is not a surprise given that the City has approved other residential/Mixed Use developments in the immediate vicinity of the Site.

Allowing compatible residential intensification on this underutilized Site would contribute to the City’s stated vision for the Consumers Road Business Park by incorporating significant public realm elements, contributing to a safe pedestrian and cycling network, and providing much-needed affordable housing as part of a proposal that is reflective of similar heights and built forms that have been approved in the immediate area and in proximity to such transit access. Given that the current employment uses are not economically viable, if the Site were to remain as Employment, no development would take place, which is clearly an undesirable result. This fact was underscored by the UrbanMetrics report which confirmed that the vacancy rates in this area are well above those found elsewhere in the City. The Assessment finds that integrating office uses with new residential uses in the Consumers Road Business Park will help enhance that feasibility, without which likely no additional office space would be proposed for decades. The reinvestment in the Site requires the addition of residential uses, which addition implements specific policies of the City and the Province, and enhances the viability of new and existing office space on the Site and surrounding area, contributing to a “complete community”.

Our client has been closely monitoring other applications within the surrounding area of the Site including the 1 Herons Hill Way application, which falls within the same Secondary Plan as our client’s Site and which the City has recommended for conversion to Mixed Use as part of OPA 591. While our client was hopeful that the City would forward its decision on the 235-245 Yorkland Site to the Province for consideration in short order so that our client’s proposal could be considered at the same time as the 1 Herons Hill proposal since the two are seeking similar permissions, our client has been recently advised by the City that they have no concrete timeline for reporting out on our client’s Official Plan Amendment application.

We are therefore submitting this comment to the Province, as we believe our client’s conversion application ought to be considered together with the 1 Herons Hill application that is in the same Secondary Plan area and is seeking similar permissions. We have attached hereto the revisions to OPA 591 that would be required in order to facilitate the conversion of our client’s Site to Mixed Use.

Should you have any questions or require any additional information, please do not hesitate to contact the writer or Jessica Smuskowitz, a lawyer in our office.

Yours very truly,
Adam J. Brown