May 6, 1998

 To:Chairman and Members of Etobicoke Community Council

 From:Karen V. Bricker, MCIP, Commissioner of Urban Development, Etobicoke

 Subject:Zoning Code Review - Supplementary Report No. 3

File No. Z-2001B

 Purpose:

 To clarify certain provisions of the Zoning Code pertaining to Waste Disposal/Recycling Facilities.

 Funding Sources, Financial Implications and Impact Statement:

 There are no financial implications.

 Recommendation:

 It is recommended that a public meeting be held to discuss the proposed amendments and in the event of approval, the by-law attached as Exhibit No. 1 be adopted.

 Comments:

 In December, 1996, the former Etobicoke Council enacted a series of by-laws to consolidate the definitions and industrial zoning provisions between the former Township and the three Lakeshore municipalities. In working with the Zoning Code, staff have identified an incorrect reference to Waste Disposal/Recycling Facilities in the text of the Class Two Industrial (I.C2) provisions. Waste Disposal/Recycling Facilities are only permitted in Class Three Industrial (I.C3) zones, with certain site specific exceptions, and on lands zoned Class Two Industrial (I.C2) in the former Town of New Toronto. However, the wording of Section 304-34 of the Zoning Code refers to both (I.C2) and (I.C3) zones.

 The Supplementary Regulations for Waste Disposal/Recycling Facilities, Section 320-24.3F of the Zoning Code, contains a reference to industrial provisions which were previously deleted. This reference should be corrected.

 The specific amendments as contained in the draft by-law attached as Exhibit No. 1, are discussed below.

 Sections 1 and 2 of the by-law clarify the reference to Waste Disposal/Recycling Facilities as a permitted business use in the Class Two Industrial (I.C2) zone in the former Town of New Toronto.

Sections 3 and 4 of the by-law serve to clarify the requirements for Waste Disposal/Recycling Facilities in Class Three Industrial (I.C3) zones, while section 5 of the by-law corrects a reference in the Supplementary Regulations section of the Zoning Code, to the former industrial provisions which no longer exist.

Conclusion:

The attached draft by-law is intended to implement the technical amendments discussed in this report and ensure that the requirements for Waste Disposal/Recycling Facilities are consistent with the decision of the Ontario Municipal Board to approve such uses.

 Contact Name:

 Richard Kendall

Principal Planner, Development and Design Division

Tel: (416)394-8227

 Karen V. Bricker, MCIP

Commissioner of Urban Development

To amend Chapters 304 and 320 of the Etobicoke Zoning Code, as well as the provisions of By-law Nos. 1996-209 and 1996-211.

  The Council of the City of Toronto HEREBY ENACTS as follows:

 1.That Section 304-34A of the zoning Code is hereby amended by deleting the words Awaste-recycling facilities, except such uses shall not be permitted on lands identified as I.C2 on the zoning maps referred to in Chapters 330 and 340 of the Zoning Code.@.

 2. That Section 304-34 of the Zoning Code is hereby amended by adding the following Subsection G.

 G.Waste disposal/recycling facilities:

 Subject to the provisions of Section 320-24.3 of the Zoning Code, waste disposal/recycling facilities shall only be permitted on I.C2 lands identified on the zoning maps referred to in Chapter 350 of the Zoning Code.

 3.That Section 304-35A. of the Zoning Code is hereby amended by deleting the words Awaste-recycling facilities; industrial@ from in front of administrative offices.

 4.That Section 304-35 of the Zoning Code is hereby amended by adding the following subsection C.

 C.Waste disposal/recycling facilities:

 Subject to the provisions of Section 320-24.3 of the Zoning Code.

 5.That Section 320-24.3F of the Zoning Code, Supplementary Regulations for Waste Disposal/Recycling Facilities, is hereby deleted and replaced with the following:

 F.Fencing of yards. Yards abutting a street where trucks manoeuvre, weigh-in and load/unload and where waste and/or recycled materials are handled shall be enclosed by a two-and-four-tenths-metre-high solid metal, wood or masonry fence. If constructed of wood or metal, the fence is to be painted and maintained. The location of such fencing shall comply with subsections 304-36B, C(1) and (2), and D(1) of the Zoning Code.

   ENACTED AND PASSED this day of , A.D., 1998.

   6.That Section 304-36G of the Zoning Code is hereby deleted and replaced with the following:

 G.Parking and access

 (1)Parking shall be provided in accordance with the provisions of section 320-18F of the Zoning Code.

 (2)No parking area shall be located closer than 4.5 metres to any lot line abutting a street, except where the building set-back requirement is less than 4.5 metres, in which case the parking area shall not extend beyond the required building line.

 (3)Means of vehicular access to and from all properties shall not exceed 10.5 metres in width, excluding corner radii. No two such means of access on any said properties shall be less than 5.0 metres apart.

 7.That Schedule AA@ of By-law No. 1996-211 be replaced with the revised Schedule AA@ attached hereto.

 8.That Schedule AC@ of By-law No. 1996-209 be replaced with the revised Schedule AC@ attached hereto.

    Comments:

 In working with the new Zoning Code provisions, staff have identified a number of additional items which need to be addressed.

The original amending by-laws contained schedules rezoning industrial lands within the three Lakeshore municipalities from their former designation to one consistent with their use within the former Etobicoke-wide hierarchy. The schedules attached to By-law No. 1996-209, omitted the rear portion of one property which fronts onto Fleeceline Road, and should be revised to include a reference to these lands being zoned Class One Industrial (I.C1), consistent with the balance of the site. Schedule >A= of By-law No. 1996-211 included a reference to adjacent lands which are subject to a separate by-law. While the zoning of the adjacent lands is correct, their inclusion within an inappropriate by-law schedule could impose certain conditions on the lands, which was not the intent of the by-law. Accordingly, Schedule >A= of By-law No. 1996-211 should be modified by excluding those lands fronting onto Sixteenth Street.

 Parking requirements for the new industrial zoning provisions are set out in Section 320-18F of the Zoning Code. To clarify the parking requirements for industrial uses, a reference to this section should be included within the new industrial provisions (Section 304-36G of the Zoning Code).

 No building, structure or part thereof used as a Restaurant shall be licenced by the Liquor Licence Act of Ontario, unless it contains a Full Commercial Kitchen and has a Gross Floor Area of not less than 112 square metres.