July 6, 1998

 To:Toronto Community Council

 From:Commissioner of Urban Planning and Development Services

 Subject:Site Plan Application No. 397125 for the conversion of a two-storey light industrial building to 39 live/work units at 365 Dundas Street East submitted by Mr. David Oleson, Oleson Worland Architects, Suite 400, 192 Spadina Avenue, Toronto, Ontario, M5T 2C2 (Ward 25 - Don River).

 Purpose:To recommend approval of the site plan application, subject to certain conditions of approval.

 Source of Funds:

 Not applicable.

 Recommendations:

 1.That City Council approve the plans and drawings submitted with this application, namely

drawings A1, A3, A6 and A7 date stamped as received April 28, 1998, and drawings A4 and A5 date stamped as received April 28, 1998 as redlined on June 3, 1998, all as prepared by Oleson Worland Architects, as on file with the Commissioner of Urban Planning and Development Services.

 2.That as a condition of approval, the owner be required to enter into a Development Agreement with the City pursuant to Section 41 of the Planning Act, requiring that the owner:

 a)undertake and maintain the development, including the landscaping, substantially, in accordance with the drawings referred to above;

 b)provide and maintain a garbage and recyclables materials storage room, with a minimum size of 10m², which is accessible to all occupants of the building;

 c)provide and maintain a concrete base pad on the site, with a slope not exceeding 2% and level with the pavement of the abutting public lane, for the storage of at least 2 container bins on collection day;

d)agree to pay for the cost of repairing any damage to the public lane that may be caused through the regular use of the area by the refuse collection activity, and that the owner be advised that any repairs must be completed prior to the continuation of City refuse collection services;

 e)convey to the City, at nominal cost, prior to the issuance of a building permit, a 1.52m wide strip of land to the full extent of the north limit of the east-west public lane, save and except for the portion of these lands to be encumbered by the existing building to be retained, such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a right-of-way for access purposes in favour of the Grantor, until such time as the said lands are laid out and dedicated for public highway purposes;

 f)submit, to the Commissioner of Works and Emergency Services, a Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands to be conveyed to the City and the remainder of the site;

 g)provide and maintain an access control gate to serve the surface parking area for the development; and

 h) light the surface parking area to ensure its safety and security.

  3.That, the City Solicitor be authorized to prepare a Collateral Agreement between the City and the owner and that as a condition of approval, the owner be required to enter into the Collateral Agreement requiring that the owner:

 a)submit an application for improvements to the public sidewalk, generally as shown on drawing L-2 date stamped as received April 28, 1998, as prepared by Oleson Worland Architects, as on file with the Commissioner of Urban Planing and Development Services, to the Commissioner of Works and Emergency Services and carry out the improvements within a reasonable period of time, or at the request of the Commissioner of Works and Emergency Services, make a cash contribution to the City equal to the value of the improvements for the Commissioner to undertake the improvements as part of a comprehensive program;

 b)agree to demolish the overhead walkway joining 365 Dundas Street East to 270 Ontario Street as part of the project; and

 c)agree the parking spaces provided on the site will be used solely by occupants of the project and visitors to it.

4.That the lands conveyed to the City under recommendation 2 f) above, be laid out, and thereafter dedicated by the City, for public highway purposes.

1. That the owner be advised that:

a)issuance of a building permit for the proposal is contingent upon its full compliance with all the relevant provisions of the Ontario Building Code;

 .b)the proposal requires the conveyance of lands for parks purposes, or payment thereof pursuant to Section 42 of the Planning Act; and

 c)the approval of the Commissioner of Works and Emergency Services is required for any work to be carried out within the street allowance.

 Council Reference/Background/History:

 The site is located on the south side of Dundas Street East between Ontario Street and Seaton Street.

A vacant two-storey industrial building occupies the property. The proposal is to convert the 4,330 m² building to 39 live/work units. The existing building will be partially demolished to accommodate a surface parking area for the building. As a result, the floor area of the building is reduced to 3,500m². Twenty-two parking spaces and a Type B loading space will be provided to serve the development. Loading for City garbage removal will occur from the public lane at the south limit of the site.

 There has been some controversy in the neighbourhood regarding this application as area residents were concerned that the existing building would be converted to a rooming house. Their worries arose when a small two-storey annex adjacent to this site was illegally converted to a rooming house by the owner. At least two meetings were held with area residents to discuss the application. In the past, anti-poverty activists have argued that the building should be used as a large rooming house.

Comments:

1. Parking and Loading

 The Commissioner of Works and Emergency Services estimates the parking demand for the development at 17 parking spaces, while 22 are provided. As a result of discussions between the owner and the community, the owner has agreed not to lease the balance of the parking spaces to off-site users. This commitment is a condition of approval.

The City will provide containerized garbage collection from the public lane. Requirements are being imposed to ensure that the garbage containers are stored in a garbage room prior to collection day.

 b)Compliance with the Zoning By-law

 The Chief Building Official reviewed the proposal and noted two variances from the Zoning By-law. On June 3, 1998 the project architect revised the plans to be rid of the variances. Building's staff have advised me that the changes are acceptable.

 The proposal was granted minor variances to the loading requirements for the project and the floor area limit used for live/work purposes. The Committee imposed a condition of approval requiring that the residential gross floor area be used as dwelling units.

 The City's General Zoning By-law limits the use of rooming houses in MCR zoning districts to 25 dwelling rooms. A legal conversion of the entire building to rooming house usage would be difficult to achieve.

 Conclusions:

 Conversion of the building to 39 live/work units is feasible from a planning perspective. I am recommending site plan approval of this project.

Contact Name:Lance Alexander

City Planning Division, East Section

Telephone: 416-392-7573

Fax: 416-392-1330

E-mail: lalexand@city.toronto.on.ca

Beate Bowron

Acting Director, City Planning

Toronto Community

  (p:\ug\uds\pln\to981651.pln) -tm

APPLICATION DATA SHEET

 Confirmed Municipal Address:365 Dundas Street East.

 PLANNING CONTROLS (For verification refer to Chief Building Official)

 PROJECT INFORMATION

Appendix A

 Comments from Civic Officials

 1.Urban Planning and Development Services, Buildings and Inspections, May 29, 1998

 "Our comments concerning this proposal are as follows:

 Description:Conversion of light manufacturing building to a building containing 39 live/work units

 Zoning Designation:MCR T1..5 C1.0 R1.0Map:51H-312

 Applicable By-law(s):438-86, as amended

 Plans prepared by:Oleson Worland ArchitectsPlans dated: September 29, 1997

 Zoning Review

 A review of the information submitted indicates the proposal will comply with the City's zoning by-laws, as varied by the Committee of Adjustment, if the plans are revised as follows:

 1.The length of the six parking spaces directly accessible from the lane are increased from 5.8 metres to 5.9 metres. The layout of the dwelling units appear to be one-bedroom units and all 22 parking spaces are required to have the minimum dimensions of 2.6 metres by 5.9 metres.

 2.The layout of the indoor residential amenity space should be changed to remove what appears to be a proposed bedroom area.

 Other Applicable Legislation and Required Approvals

 1.The proposal requires conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

2.The proposal DOES NOT require City Council's approval pursuant to the provisions of the Rental Housing Protection Act, 1989.

3.The proposal DOES NOT require the approval of Heritage Toronto under the Ontario Heritage Act.

4.The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with all relevant provisions of the Ontario Building Code.

5.The proposal requires the approval of City Works Services regarding ramp approval and curb cuts.

6.All work within the City's road allowance will require a separate approval by City Works Services."

2.Works and Emergency Services, June 15, 1998

 "Comments:

The proposal for the above-noted site, located on the south side of Dundas Street East, between Seaton Street and Ontario Street, was dealt with in a Departmental consolidated report dated February 19, 1998.

 The project has now been revised to:

• eliminate the retail component;

• increase the number of residential units from 28 to 39;

• increase the parking supply from 20 spaces to 22 spaces, including 6 substandard spaces with a length of 5.8 m;

• eliminate the on-site Type B loading space and designate a Type G loading space within the public lane abutting the south limit of the site; and

• relocate the garbage and recycling storage room into the southwest corner of the building.

 Parking

 The proposed provision of 22 parking spaces satisfies the estimated parking demand generated by this project for 17 spaces, including 15 spaces for the residents and 2 spaces for residential visitors and, as far as can be ascertained, the Zoning By-law requirement for 22 spaces. The proposed parking supply is acceptable.

 Refuse Collection

 The City will provide this project with the bulk lift method of refuse collection in accordance with the Municipal Code, Chapter 309 (Solid Waste). This will require the provision of a Type G loading space, a garbage/recyclable materials storage room at least 10 m² in size and a concrete pad for the storage of container bins on collection day. Recognizing the constraints imposed by the retention of the existing building, it would be acceptable for the loading activity to take place within the public lane abutting the rear property line, provided that the required concrete storage pad is located entirely on private property, adjacent to the front of the loading space and level with the existing lane pavement. The refuse and recyclable materials collection facilities shown on the plans are acceptable, however, the owner will be responsible for repairs to any damage within the public lane that may be caused by the loading activity. These repairs must be completed in order for City collection to continue.

 As a result of the foregoing, Recommendation Nos. 1(a) and 1(c) contained in the February 19, 1998 Departmental consolidated report are no longer applicable and Recommendation No. 1(f) and 1(g) should be added as follows:

 1(f)Provide and maintain a concrete base pad on site, with a slope not exceeding 2% and level with the pavement of the abutting public lane, for the storage of at least 2 container bins on collection day; and

 1(g)Agree to pay for the cost of repairing any damage to the public lane that may be caused through the regular use of that area by the refuse collection activity, and that the owner be advised that any repairs must be completed prior to the continuation of City refuse collection services."

 3.Works and Emergency Services, February 19, 1998

 "Recommendations:

 1.That the owner be required, as a condition of approval of the plans and drawings for the project, to:

 (a)Designate the substandard parking space for use by small cars only with visible signage;

 (b)Provide and maintain a garbage and recyclable materials storage room, with a minimum size of 10 m², which is accessible to all occupants of the building;

 (c)Provide and maintain minimum inside and outside turning radii of 8.6 m and 13.4 m at all turns to be negotiated by trucks using the Type B loading space;

 (d)Convey to the City, at nominal cost, prior to the issuance of a building permit, a 1.52 m wide strip of land to the full extent of the site abutting the north limit of the east-west public lane, save and except for the portion of these lands encumbered by the existing building to be retained, such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a right-of-way for access purposes in favour of the Grantor until such time as said lands have been laid out and dedicated for public highway purposes;

 (e)Submit to the Commissioner of City Works Services, a Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands to be conveyed to the City and the remainder of the site;

1. That the owner be advised of the need to receive the approval of the Commissioner of City Works Services for any work to be carried out within the street allowance; and

1. That the lands conveyed to the City under Recommendation No. 1(d) above, be laid out and thereafter dedicated by the City, for public highway purposes.

  Comments:

 Location

 South side of Dundas Street East, between Seaton Street and Ontario Street.

 Proposal

 Conversion of the existing building which is used for light manufacturing to a mixed-use building comprising 728 m² of retail space and 28 residential condominium units.

 The proposal was dealt with in a Departmental report dated December 11, 1997. The above consolidated recommendations supersede the recommendations contained in the previous report, including the recommendation requiring the submission of revised plans, which has been satisfied.

 Parking and Access

 The proposed provision of 20 parking spaces located at grade within the south-west portion of the building satisfies the estimated parking demand generated by this project for 16 parking spaces, including 14 spaces for the residents and 2 spaces for residential visitors and, as far as can be ascertained, the Zoning By-law requirement for a like amount. The parking supply includes one substandard parking space measuring 2.6 m x 5.23 m, which is acceptable provide that it is signed for use by small cars only.

 Access to the parking spaces is proposed from the east-west public lane abutting the south property boundary, which is acceptable.

 Loading

 The plans show the provision of one Type B loading space at the rear of the site, within the south-west corner of the building. This satisfies the estimated loading demand generated by this project for 1 Type B loading space and, as far as can be ascertained, the Zoning By-law requirement for a like amount. The configuration of the loading space is acceptable.

 Refuse Collection

 The City will provide the residential and retail components of this project with curb side refuse and recyclable materials collection in accordance with the Municipal Code, Chapter 309 (Solid Waste). This will require the provision of a garbage and recycling storage room, with a minimum size of 10 m², which is accessible to all residents and occupants of the building. The storage room shown on the plans is acceptable.

 Lane Widening

 The site abuts a substandard east-west public lane which has a width of 3.96 m and, in accordance with City policy for lanes serving residential/commercial properties, should ultimately be widened to 6.0 m. In this regard, a 1.52 m wide strip of land along the full extent of the site abutting the north limit of the public lane must be conveyed to the City. However, the conveyance should exclude the portion of the lands encumbered by the existing building to be retained which is set back between 0.92 m and 0.95 m from the existing lane limit."

4.Works and Emergency Services, December 11, 1997

 "Recommendations:

 1.That the owner be required, as a condition of approval of the plans and drawings for the project, to:

 (a)Provide and maintain a garbage and recyclable materials storage room, with a minimum size of 10m², which is accessible to all occupants of the building;

 (b)Provide and maintain minimum inside and outside turning radii of 8.6 m and 13.4 m at all turns to be negotiated by trucks using the Type B loading space;

 (c)Convey to the City, at nominal cost, prior to the issuance of a building permit, a 1.52 m wide strip of land to the full extent of the site abutting the north limit of the east-west public lane, save and except for the portion of these lands encumbered by the existing building to be retained, such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a right-of-way for access purposes in favour of the Grantor until such time as said lands have been laid out and dedicated for public highway purposes;

 (d)Submit to the Commissioner of City Works Services, a Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands to be conveyed to the City and the remainder of the site;

 (e)Submit revised drawings with respect to Recommendation Nos.1(a) and 1(b) above, for the review and approval of the Commissioner of City Works Services;

 2.That the owner be advised of the need to receive the approval of the Commissioner of City Works Services for any work to be carried out within the street allowance; and

 3.That the lands conveyed to the City under Recommendation No. 1(c) above, be laid out and thereafter dedicated by the City, for public highway purposes.

 Comments:

 Location

 South side of Dundas Street East, between Seaton Street and Ontario Street.

Proposal

 Conversion of the existing building which is used for light manufacturing to a mixed-use building comprising 728m² of retail space and 28 residential condominium units.

 Parking and Access

 The proposed provision of 24 parking spaces located at grade within the southwest portion of the building satisfies the estimated parking demand generated by this project for 16 parking spaces, including 14 spaces for the residents and 2 spaces for residential visitors and, as far as can be ascertained, the Zoning By-law requirement for a like amount.

 Access to the parking spaces is proposed from the east-west public lane abutting the south property boundary, which is acceptable.

 Loading

 The plans show the provision of one Type B loading space at the rear of the site, approximately mid-way between Ontario Street and Seaton Street, with access directly from the abutting public lane. This satisfies the estimated loading demand generated by this project for 1 Type B loading space and, as far as can be ascertained, the Zoning By-law requirement for a like amount. However, in order to provide sufficient room for trucks to manoeuvre into and out of the loading space, the abutting bicycle parking and the vehicular parking space adjacent to the south half of the bicycle parking should be eliminated/relocated.

 Refuse Collection

 The City will provide the residential and retail components of this project with curb side refuse and recyclable materials collection in accordance with the Municipal Code, Chapter 309 (Solid Waste). This will require the provision of a garbage and recycling storage room, with a minimum size of 10m², which is accessible to all residents and occupants of the building. The storage room must be shown on the plans.

 Lane Widening

 The site abuts a substandard east-west public lane which has a width of 3.96 m and, in accordance with City policy for lanes serving residential/commercial properties, should ultimately be widened to 6.0 m. In this regard, a 1.52 m wide strip of land along the full extent of the site abutting the north limit of the public lane must be conveyed to the City. However, the conveyance should exclude the portion of the lands encumbered by the existing building to be retained which is set back between 0.92 m and 0.95 m from the existing lane limit."