STAFF REPORT August 11, 2006 To: From: Subject: Planning and Transportation Committee Chief Planner and Executive Director, City Planning Division Arts District Zoning By-law Amendment North York District Application 06 156338 NPS 00 TM Wards 15 and 17 - North York and Etobicoke York Districts Purpose: On June 27, 28 and 29, 2006, City Council directed the Chief Planner and Executive Director, City Planning, to review the zoning for the lands in the vicinity of the intersections of Vaughan Road and Oakwood Avenue and Rogers Road and Oakwood Avenue for designation as an "Arts District" and report to the Planning and Transportation Committee with any recommended changes. 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) amend the former City of York Zoning By-law 1-83, as amended, to permit artist studio, artist live-work unit and designer s studio uses for the lands in the vicinity of the intersections of Vaughan Road and Oakwood Avenue and Rogers Road and Oakwood Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1.
- 2 - (2) authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. Background: At its June 27, 28 and 29, 2006 meeting, City Council directed the Chief Planner and Executive Director, City Planning, to review the provisions of the former City of York Zoning By-law regarding the zoning for the lands in the vicinity of the intersections of Vaughan Road and Oakwood Avenue and Rogers Road and Oakwood Avenue for designation as an "Arts District" and report to the Planning and Transportation Committee with any recommended changes. New City of Toronto Official Plan On July 6, 2006, the Ontario Municipal Board issued Order No. 1928 bringing the majority of the New Official Plan into force and effect. The Order did not bring into force the new Plan policies related to housing, Section 37 and floodplain Special Policy Areas which remain under appeal. Until the appeals of these sections are resolved, these policies of the predecessor plans are still applicable. All other policy maps and schedules contained within the former municipalities Official Plans are repealed. The lands in the vicinity of the intersection of Vaughan Road and Oakwood Avenue (Ward 15 Eglinton-Lawrence) and Rogers Road and Oakwood Avenue (Ward 17 Davenport) are designated as Mixed Use Areas in the new Official Plan. This designation provides for a range of uses such as residential, retail, office and community uses. An Arts District fits within the intent and purpose of the Official Plan s designation for these areas. Zoning The subject lands are zoned Local Commercial/Residential (LCR) Zone in the former City of York Zoning By-law, which provides for a mix of commercial and residential uses in a mediumrise form, as well as institutional uses as defined. Community Consultation A community meeting was held on August 8, 2006 to present the proposed amendments to the community and receive feedback. Approximately 15 members of the public were in attendance at the meeting. The local community was in support of the proposed amendments and were interested in hearing what would be involved in creating an Arts District in the area. Comments: As directed by Council, Planning staff reviewed the zoning for the lands in the vicinity of the intersections of Vaughan Road and Oakwood Avenue and Rogers Road and Oakwood Avenue for designation as an Arts District. The zoning for these lands generally permits a number of arts-related land uses, such as cafes, commercial galleries, public art galleries and theatrical and other staged production studios. There are, however, certain limitations of the LCR zone that
- 3 - could restrict the production, display and sale of art within these areas. As such, amendments to the By-law are recommended. As noted above, the LCR zoning has certain limitations with respect to arts-related land uses: - The former City of York Zoning By-law contains arts studio as a defined use, but it is not included as a permitted use in the LCR zone. - The primary commercial use of the LCR zone is retail which would allow for the display and sale of art. However, retail uses are currently restricted to the ground floor. This effectively prohibits the display and sale of art anywhere within the two subject areas unless it is conducted on the ground floor. - A variety of residential uses, including townhouses and apartment buildings, and home occupations are permitted, which essentially allows for live-work units. However, home occupation uses that create noise, vibrations, fumes, dust, odour, heat or glare are restricted. Since there are a variety of mediums in which art is produced, such as sculpting, photography and painting, and depending on the nature of the medium there could potentially be a conflict with this provision. Planning staff also reviewed the proposed uses to determine whether they would appropriately fit an Arts District. - Arts studio is defined in the former City of York Zoning By-law as a studio used for producing art and craft items and where instruction in the arts and crafts may also be permitted. Commercial schools are currently permitted in the LCR zone, and therefore, it would be unnecessary to introduce the latter part of this definition. - Artist s or photographer s studios, as defined in the former City of Toronto Zoning By-law, are studios used for producing and displaying art, such as photography, painting, art, needlework, tapestry making, pottery making, hand weaving or sculpting, or selling goods provided the area is accessory to the production process. - A designer s studio is defined in the former City of Toronto Zoning By-law as a studio used for design uses such as fashion design, interior decoration design, graphic art design, industrial design, architectural or landscape design. - Live-work units, as defined in the City of Toronto Zoning By-law, are residential uses where employment is also permitted. To allow for the production, display and sale of art anywhere within the two areas, as well as to avoid duplication of terms, Planning staff recommend that a new use, specifically an artist studio that combines aspects of the arts studio and artist s or photographer s studio, be defined and introduced. The new use would be a studio used for the production of art and craft, and where the display and selling of goods may also be provided so long as it is ancillary to the production process.
- 4 - The majority of the design uses permitted under the designer s studio use would be permitted asof-right in the LCR zone as an office use. However, product development related to industrial design would likely not be permitted. As the intent of the amendment is to broaden permissions in the By-law for arts-related uses, the designer s studio would be a complementary use to an Arts District and would contribute to a thriving creative class in the area. A significant number of the live-work units developed in recent years are used solely as residential units with no employment function. While this is more of a concern within employment areas (i.e., the encroachment of residential uses), it is important to recognize that artists often require affordable space to produce, show and sell their work. If live-work units were permitted, as defined in the City of Toronto By-law, this could compromise the intent of the Zoning By-law Amendment and could serve to push-out the artist community over time, rather than have it continue to develop in this area of the City. Artist live-work studios, for the purposes of this by-law, should be permitted as housing units that include work space restricted to an artist or designer s studio. This would permit an artist to live and produce art, with ancillary retail, within the dwelling unit. Conclusions: The proposed amendment to the former City of York Zoning By-law would add permissions for additional arts-related uses within the areas in the vicinity of the intersections of Vaughan Road and Oakwood Avenue and Rogers Road and Oakwood Avenue to assist in the creation of an Arts District area. It is important to note that while the draft Zoning By-law Amendment would broaden the zoning permissions to provide for additional arts-related uses in the subject areas, the amendment is a first step towards creating an Arts District. Additional steps that would be required for the realization of an Arts District in the area would involve, but not be limited to, further definition of the concept, support from the arts community and local residents, promotion and public realm improvements, which should be undertaken with additional public consultation. Contact: Cassidy Ritz, Assistant Planner Ph: (416) 395-7053 Fax: (416) 395-7155 Email:critz@toronto.ca Ted Tyndorf Chief Planner and Executive Director City Planning Division List of Attachments: Attachment 1: Draft Zoning By-law Amendment
- 5 - Attachment 1: Draft Zoning By-law Amendment Authority: Planning and Transportation Committee Report No. ~, Clause No. ~, as adopted by City of Toronto Council on ~, 2006 Enacted by Council: ~, 2006 Bill No. ~ CITY OF TORONTO BY-LAW No. ~-2006 To amend the former City of York Zoning By-law No. 1-83, as amended, with respect to the areas in the vicinity of the intersections of Vaughan Road and Oakwood Avenue and Rogers Road and Oakwood Avenue WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.p. 13, as amended, to pass this By-law; and WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; The Council of the City of Toronto HEREBY ENACTS as follows: 1. Notwithstanding the provisions of Section 11 of this By-law, the lands as described in Schedule A hereto, may also be used for the purposes of: (i) Artist studio (ii) Artist live-work unit (iii) Designer s studio 2. For the purposes of this By-law: ancillary means a use subordinate and incidental to the principal permitted use which is directly related and not independent of the principal use. artist studio means a building or portion of a building used for producing art or craft provided it does not comprise an offensive use, and which may include an area for displaying or selling goods produced in the studio provided such area is ancillary to the production process. artist live-work unit means a dwelling unit that is also used for work purposes, provided only the resident or residents of such accommodation work in the dwelling unit, and provided the work component is restricted to an artist studio or a designer s studio. designer s studio means a building or portion of a building used for any of the following design uses: fashion design, interior decoration design, graphic art design, industrial design, architectural or landscape design, provided it does not comprise an
- 6 - offensive use, and which may include an area for displaying or selling goods produced in the studio provided such area is ancillary to the production process. 3. Notwithstanding any defined terms to the extent modified by this By-law and the provisions noted herein, all other provisions and defined terms of the former City of York By-law No. 1-83, as amended, continue to apply. ENACTED AND PASSED this ~ day of ~, A.D. 2006. DAVID R. MILLER, Mayor ULLI S. WATKISS, City Clerk (Corporate Seal)
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