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encourage parking located below grade and/or in a parking structure with limited visibility from the street; and • to ensure such new developments will be encouraged to have a minimum two- storey built form. In addition to these revisions, there is also a proposed amendment that would introduce definitions into the policy sec- tion, under the heading "Major retail definitions for employment areas." A large-scale, stand-alone retail store would be defined as a single unit that is 6,000 square metres or larger in area, on a lot. Further, a power centre would be defined as one or more retail units that are each 6,000 square metres or larger in area on a lot, and may also include retail units on the same lot that are small- er than 6,000 square metres. Toronto's planning division is of the opinion the size thresholds in the proposed def- initions are appropriate in the City of Toronto context to ensure retail develop- ment that does not require large sites will locate on lands designated under the official plan as mixed-use areas and regeneration areas. One of the reasons for these proposed amendments is that in previous Ontario Municipal Board decisions interpreting the existing policies and the term "large- scale, stand-alone retail uses" the board has approved developments on a much smaller scale (approximately 3,700 square metres), which the city feels is significantly smaller than the intent of its official plan to allow major retail uses to locate on large sites fronting on major streets at the boundaries of employment areas. The planning division also proposed an amendment to further restrict per- missions for places of worship as well as recreation and entertainment facili- ties within employment areas. Currently, policy 4.6.4 of the official plan allows these facilities to be located on major streets. However, to limit these uses in employment areas further, the city's planning division proposes to amend policy 4.6.4 to require these uses to not only locate on major streets, but also to locate on sites which form the boundaries of the employment areas. In addition, such permissions will have to be obtained through the enactment of a zoning bylaw; in other words, these uses will no longer be permitted "as of right" and will be required to go through a site- specific rezoning process. It is important to note that these pro- posed amendments have not yet been adopted by Toronto's city council. In fact, they have not even gone forward for public consultation; however, any landowners who are seeking to locate large-scale retail uses, places of worship, or recreation and entertainment facili- ties within employment areas should be aware of this emerging direction from the city's planning division and there- fore should participate in the commun- ity consultation process to ensure their rights are protected. IH Jason Park is a partner in the muni- cipal and property development group at Fraser Milner Casgrain LLP. [Across the street, down the block or Canada wide — our commercial team is ready for you. ] For over 100 years, legal professionals have trusted Stewart Title to provide title insurance for their commercial real estate transactions. Some of the world's best hotels, golf courses, resorts, office towers and business centres are insured by Stewart Title. Our global reach and financial strength, combined with the expertise of our Commercial Team, enable us to handle the most complex transactions. With Stewart Title, you can close real estate transactions with security and peace of mind. Visit www.stewart.ca to view some of our recent transactions, or call us at 1-888-667-5151 for a quotation. Untitled-3 1 INHOUSE FEBRUARY 2011 • 4/30/10 12:51:05 PM 11