October 23, 1998
To:Toronto Community Council
From:Commissioner of Urban Planning and Development Services
Subject:Final Report on Zoning By-law Amendment Application No. 198005 to permit 5 dwellings at 69 Prescott Avenue
(Davenport)
Purpose:
To recommend approval of a site-specific zoning by-law to permit a development proposal at 69 Prescott Avenue
consisting of 5 detached houses and the acceptance of a 172 square metre parcel of land at the rear of the site as the
owner=s park levy contribution under the Toronto Municipal Code.
Source of Funds:
N/A
Recommendations:
1.That Zoning By-law 438-86 be amended so as to:
(a)exempt the site from Sections 9(1)(f) and 12(2)(25) of Zoning By-law 438-86; and
(b)permit the erection and use of 5 detached houses and uses accessory thereto provided:
-the residential gross floor area of each detached house does not exceed 186 square metres;
-the height of each detached house does not exceed 10 metres;
-each detached house is maintained on a lot with not less than 7.0 metres of frontage;
-not less than 1 parking space is provided for each detached house in a private garage;
-no part of a detached house extends beyond the lines shown on the dimensioned plans referred to in Recommendation 2
below; and
-for the purposes of this by-law Section 6 (3) Part IX (1)(a),(b) and (c)(ii) and (c)(iii) of Zoning By-law 438-86 shall
apply.
2.That the owner submit to the Commissioner of Works and Emergency Services:
-a Reference Plan of Survey, in metric units and integrated into the Ontario Co-ordinate System, delineating thereon by
separate PARTS the lands under application and the lands to be conveyed to the City for public park purposes (Parkland
Dedication Lands) and any rights-of-way appurtenant thereto; and
-drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the dwellings to
enable the preparation of building envelope plans.
Such plans should be submitted at least three weeks prior to the introduction of a bill in Council.
3.That prior to the introduction of a bill in Council, the owner submit to and have approved by the Commissioner of
Works and Emergency Services, a Noise Impact Statement in accordance with City Council requirements.
4.That, prior to the introduction of a bill in Council, the owner enter into an Undertaking with the City, in a form
satisfactory to the City Solicitor, agreeing to the conditions of severance set out in Recommendation 5 below and in the
event the Committee of Adjustment fails to impose the conditions, not to oppose any appeal by the City to have the
conditions imposed.
5.That City Council advise the Committee of Adjustment that it does not object to the severance of the subject lands into
6 lots provided that the owner enter into a Consent Agreement, satisfactory to the Commissioner of Urban Development
Services and City Solicitor, agreeing to the following:
(i)that, prior to the issuance of a building permit, the owner have a qualified Architect/Acoustical Consultant certify that
the plans accompanying the permit application are in accordance with the Noise Impact Statement approved by the
Commissioner of Works and Emergency Services;
(ii)that, prior to the issuance of a building permit, the owner convey to the City, at nominal cost, the lands shown on Map
1 (hereinafter referred to as the Parkland Dedication Lands) and that the owner pay for the costs of such conveyance,
including any Land Transfer Tax and the preparation and registration of all relevant documents;
(iii)that, prior to the conveyance of the Parkland Dedication Lands, the owner provide to the satisfaction of City Solicitor
all legal descriptions and applicable reference plans of survey for the Parkland Dedication Lands;
(iv)that, not more than 30 days before the conveyance of the Parkland Dedication Lands, the owner provide to the City
Solicitor a title opinion, satisfactory to the City Solicitor, that the City would, upon registration of the conveyance of the
Parkland Dedication Lands, acquire fee simple title to the land forming the Parkland Dedication Lands, free of
encumbrances and that such opinion shall, if requested by the City Solicitor, be accompanied by all material relied upon
in reaching such opinion, including copies of all applicable abstracts of title and copies of all registered documents
relevant to the title and the proposed conveyance;
(v)that, prior to the conveyance of the Parkland Dedication Lands, the owner provide to the Commissioner of Economic
Development, Culture and Tourism and Medical Officer of Health, an opinion, satisfactory to the Commissioner of
Economic Development, Culture and Tourism and Medical Officer of Health, as to whether the Parkland Dedication
Lands are or will, at the time of conveyance, meet all applicable laws, regulations and guidelines respecting sites to be
used for public park purposes including City Council=s policies respecting soil remediation of sites to be acquired by the
City, such opinion to be prepared by a qualified environmental consultant acceptable to the Medical Officer of Health;
(vi)that, prior to the issuance of a building permit, the owner agree in writing to be responsible for any and all claims,
demands, suits actions, causes of action, liabilities, costs and expenses (including legal costs) arising from or in any way
connected with any contaminant left on or below the Parkland Dedication Lands at the time of conveyance or created as a
result of the development of the site with the exception of any liability arising from the negligence of the City or the
introduction of contaminants to the site by the City=s use thereof as a park;
(vii)that, prior to the conveyance of the Parkland Dedication Lands, the owner provide a Record of Site Condition in the
most current form provided by the Ministry of the Environment and Energy, completed by the qualified environmental
consultant, with the Acknowledgement of Receipt completed by the said Minister or Provincial Officer therefore, as the
case may be, and, where reasonably required by the Commissioner of Economic Development, Culture and Tourism, an
acknowledgement by the said Minister or delegate that an audit will not be done or has been carried out with results
satisfactory to the said Commissioner;
(viii)that, prior to the issuance of a building permit, the owner obtain an occupancy permit for the Parkland Dedication
Lands from the Commissioner of Economic Development, Culture and Tourism and indemnify the City against any claim
during any interim use of or work carried out, by the owner, on the Parkland Dedication Lands;
(ix)that, prior to the issuance of a building permit, the owner take out and keep in force until occupancy of the final
dwelling unit on the site, comprehensive general liability insurance, in an insurance policy in the amount of $5,000,000
and in a form satisfactory to the City Treasurer, for the joint benefit of the developer and the City, against any liability for
claims respecting personal injury, death or property damage resulting from any accident or occurrence on the Parkland
Dedication Lands and that such insurance policy shall name the City as an insured party and shall contain a clause
protecting the City against claims by the developer as if the City were separately insured and a clause providing that the
insurer will not cancel nor refuse to renew the said insurance without first having given the City 30 days prior written
notice thereof;
(x)that, prior to the issuance of a building permit, the owner deliver to the City Treasurer a Certificate of Insurance in
respect of the insurance policy referred to in subsection viii above;
(xi)that, prior to the issuance of a building permit, the owner install 1.8 metre high hoarding or chain link fencing along
the boundaries of the Parkland Dedication Lands, such fence to remain in place until such time as the dwellings have been
constructed and the Interim Landscaping referred to in subsection xiii below is completed to the satisfaction of the
Commissioner of Economic Development, Culture and Tourism;
(xii)that, prior to the issuance of a building permit, the owner provide the City with an irrevocable Letter of Credit in an
amount and form satisfactory to the Commissioner of Economic Development, Culture and Tourism for the Interim
Landscaping referred to in subsection xiii below;
(xiii)that, prior to occupancy of the final building on the site, the owner shall provide Interim Landscaping on the
Parkland Dedication Lands, such landscaping to include ABackfill@, ATopsoil@, ASod@ and AWater Service@, all as are
defined below;
For the purposes of this section
ABackfill@ shall mean all material used to restore the grade and elevation of the said lands; such material shall meet the
unrestricted land use criteria set forth in the Ontario Ministry of the Environment's interim soil management policy,
including without limitation, that such material shall be selected from excavation or other sources for the use intended,
unfrozen and free of rocks larger than 75 millimetres, cinders, ashes, sods, refuse or other deleterious materials; all
backfill material shall be approved by the Commissioner of Economic Development, Culture and Tourism prior to its
installation; all backfill material is to be compacted to eighty (80) percent standard proctor density and should include, as
a top layer, a minimum of 4 inches of topsoil that has been fine graded to remove all debris and stones.
ATopsoil@ shall mean fertile, friable, natural loam, containing not less than 4 percent organic matter for clay loams and not
less than 2 percent organic matter for sandy loams, to a maximum of 15 percent, and capable of sustaining vigorous plant
growth, free of sub-soil contamination, roots and stones over 50 millimetres in diameter, soil sterilants and growth
inhibitors, reasonably free of weeds, and having a pH range from 6.0 to 7.5.
ASod@ shall mean Certified No. 1 cultivated turf grade sod, grown in accordance with Metric Guide Specifications for
Nursery Stock prepared by the Canadian Nursery Trades Association and to be Number 1 Kentucky Bluegrass grown
from minimum 60% Kentucky Bluegrass and 40% Creeping Fescue, in healthy, vigorous growing condition at the time of
installation.
AWater Service@ shall mean the installation to the satisfaction of the Commissioner of Economic Development, Culture
and Tourism and Commissioner of Works and Emergency Services a separately metred 50 millimetre diameter water line
to the Parkland Dedication Lands.
(xiv)that, prior to the installation of the Interim Landscaping, the owner shall grade the surface of the Parkland Dedication
Lands in a manner that permits the site to drain freely and such that the perimeter elevations of the Parkland Dedication
Lands shall be consistent with the grades of abutting public streets and abutting properties and that, prior to the
installation of the sod, the owner shall request a representative of the Commissioner of Economic Development, Culture
and Tourism to inspect the site to ensure that the final grading meets with the said Commissioner=s approval;
(xv)that the Interim Landscaping shall be completed prior to the occupancy of the final building or, if the final building is
occupied in October, November or December of one year or January, February or March of the following year, the Interim
Landscaping shall be completed by the 31st of May of the aforesaid following year, after which time the City may draw
upon the Letter of Credit referred to in subsection xii to complete the Interim Landscaping;
(xvi)that the owner register rights-of-way on favour of the owners of the dwelling units over the portions of the driveway
required to access their respective garages;
(xvii)that the owner register a covenant against title that all future owners of any severed lot on the site will be granted
rights-of-way, as required over the private mutual driveways and jointly be responsible for the maintenance of the private
driveway, including winter maintenance; and
(xviii)that the owner apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior
to filing an application for a building permit.
6.That City Council authorize the acceptance of the Parkland Dedication Lands shown on Map 1 as the owner=s
contribution toward the provision of parkland pursuant to Chapter 165, Article 1, Conveyance of Land for Parks Purposes
of the Toronto Municipal Code.
7.That the owner be advised of the need to receive the approval of the Commissioner of Works and Emergency Services
for any work to be carried out within the street allowance.
8.That the owner be advised that the storm water runoff originating from the site should be disposed of through
infiltration into the ground and that storm water connections to the sewer system will only be permitted subject to the
review and approval of the Commissioner of Works and Emergency Services of an engineering report detailing that site or
soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may
contaminate the storm runoff.
Council Reference/Background/History:
A preliminary report recommending a public meeting on this application was approved by the Toronto Community
Council on May 17, 1998. A public meeting was held on June 16, 1998 and there were no objections to the development.
Site and Project Description:
This 1220 square metre site is situated on the north-east corner of Prescott Avenue and Kipping Avenue, just north of St.
Clair Avenue West. The site is now vacant but was previously occupied by a small food warehouse. The surrounding area
is comprised of low density residential uses. The CN rail corridor abuts the east side of the site.
The applicant is proposing 5 detached houses fronting on Prescott Avenue and Kipping Avenue. The integral garages
originally proposed have been replaced with garages at the rear of each property.
The rear portion of the site, which was originally proposed to be developed for a small industrial building, is now
proposed to be conveyed to the City for public park purposes. These lands shall constitute the parkland dedication
required under Chapter 165, Article 1, Conveyance of Land for Parks Purposes, of the Toronto Municipal Code.
A companion application to the Committee of Adjustment is required to sever the site into 6 separate lots - 5 residential
lots and 1 lot to be conveyed to the City for public park purposes. The public park and other City requirements will be
secured in a Consent Agreement.
Planning Issues:
Official Plan and Zoning:
The site is designated in the Official Plan Part I as a Mixed Industrial-Residential Area and is zoned I1 D2 (light
industrial). Section 9.41 of the Official Plan requires that prior to passing a by-law to permit a change in use from
industrial to residential regard shall be had for the following:
-the advisability of retaining existing industrial buildings in terms of the retention of industrial jobs and the retention of
industrial buildings in good structural condition or which may have architectural merit; and
-the extent to which a change in use would adversely affect the viability of other industrial uses in the area.
I have reviewed this application within this context and I am satisfied that these issues have been satisfactorily addressed.
The industrial building was small and in disrepair and has been demolished. The site is the last industrial site along
Prescott Avenue and its development for low density residential purposes is in keeping with the surrounding
neighbourhood which is made up of low density residential uses.
Site Plan and Design:
The proposed lots are a minimum of 7.3 metres in width and 16 metres in depth which is in keeping with the lot
characteristics of other residential lots in the area. The density, height and design of the proposed dwellings are also in
keeping with the existing built form in the neighbourhood. Individual lot densities range from 0.79 to 0.97 times lot area.
Original concerns with respect to the impact of the front-facing, built-in garages on the streetscape have been addressed
by providing detached rear garages which are accessed either by way of mutual driveways or, in the case of the corner lot,
from the flanking street.
Environmental:
The applicant has submitted an Environmental Site Assessment Report which includes a historical review of the site and
soil investigations in areas that the historical review indicates may have been impacted by underground storage tanks
(furnace oil) or migration from the railway corridor. The report concludes that no further environmental investigation is
recommended and that no remediation is required. The Medical Officer of Health has reviewed this report and does not
object to the issuance of a building permit for residential purposes.
A Noise Impact Statement is required prior to the introduction of Bills in Council to address potential noise impacts from
the railway.
Parkland Dedication Lands:
A 172 square metre parcel at the east end of the site was originally proposed for a small light industrial building. This
industrial building was to provide a buffer between the proposed houses and the CN rail corridor. The industrial building
was not part of this rezoning application as a building permit had already been issued.
At the public meeting, local residents expressed support for the residential development but had some concerns about the
introduction of a new industrial use on the east end of the site. They preferred a park.
I have discussed this issue with the Commissioner of Economic Development, Culture and Tourism and have been
advised that the size, configuration and location of the proposed park is acceptable for public park purposes. It is
understood that notwithstanding Section 165-4(A) of the Toronto Municipal Code which normally requires a cash
conveyance in cases where the amount of parkland would amount to less than 400 square metres, this conveyance will be
deemed to be the owner=s contribution toward parkland as is required under Chapter 165, Article 1, Conveyance of Land
for Parks Purposes, of the Toronto Municipal Code.
Timing and Security:
In order to secure the City=s interests with respect to the Parkland Dedication Lands, the owner is required to obtain
severance permission from the Committee of Adjustment prior to the issuance of a building permit. At this stage, it is
recommended that the City advise the Committee of Adjustment that, as a condition of severance, the owner be required
to enter into a Consent Agreement with the City securing the owner=s obligations at various stages of the development
process (i.e., prior to the conveyance of the Parkland Dedication Lands, prior to the issuance of a building permit and
prior to the occupancy of the final building).
Conclusion:
The development of this site for low density residential purposes logically completes the residential land use pattern in
this area. Planning issues with respect to suitability of the soil for residential purposes and an alternative to the originally
proposed front-facing, built-in garages have been addressed. Acquisition of the rear portion of the site for public park
purposes will ensure a greater degree of compatibility with the proposed houses than the previously proposed industrial
building and represents an appropriate park levy contribution in this area.
Contact Name:Michael Major
Telephone: (416) 392-0760
Fax: (416) 392-1330
E-Mail: mmajor@city.toronto.on.ca
Beate Bowron
Director, Community Planning, South District
(p:\1998\ug\uds\pln\to981741.pln) - smc
APPLICATION DATA SHEET
(a)Provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes required in connection with the development;
(b )Register rights-of-way in favour of the owners/tenants of each of the dwelling units over the portions of the driveway
required to access their respective garages;
(c)Register a covenant against the title that all future owners and tenants of any severed lot on the site will be granted
rights-of-way, as required, over the private mutual driveways and jointly be responsible for the maintenance of the private
driveway, including winter maintenance;
(d )Apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a
formal application for a building permit;
(e)Provide and maintain a rodent-proof garbage storage facility for each dwelling unit on site, of sufficient size to
accommodate the amount of garbage and recyclable materials generated by each unit between collections;
(f)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of a
bill in Council, a Noise Impact Statement in accordance with City Council's requirements;
(g)Have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency
Services that the development has been
designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Works and
Emergency Services;
(h) Provide, maintain and operate the noise impact measures, facilities and strategies stipulated in the plan approved by
the Commissioner of Works and Emergency Services;
(i)A Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by
separate PARTS the lands under application and any rights-of-way appurtenant thereto;
(ii)Final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of
the proposed houses to enable the preparation of building envelope plans;
and such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;
2. That the owner be advised:
(a)Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried
out within the street allowance; and
(b)That the storm water runoff originating from the site should be disposed of through infiltration into the ground and that
storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of
Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is
contaminated or that processes associated with the development on the site may contaminate the storm runoff.
North-east corner of Prescott Avenue and Kipping Avenue.
Construction of 3 detached dwellings fronting Prescott Avenue and 2 detached dwellings fronting Kipping Avenue. The
site area shown on the application should be amended to read 1220.2 square metres.
One parking space is proposed to serve each of the dwelling units, located in garages at the rear of each unit. This satisfies
the estimated parking demand generated by each dwelling unit for 1 parking space and the Zoning By-law requirement for
a like number.
Access to the garages of the 2 units fronting Kipping Avenue is proposed via a mutual driveway off of Kipping Avenue.
Access to the garages of the 2 northerly units fronting Prescott Avenue is proposed via a mutual driveway off of Prescott
Avenue, whereas, access to the garage of the southerly unit is from a separate driveway off of Kipping Avenue. The
proposed access configuration is acceptable.
The City will provide this project with curbside refuse collection in front of each unit on Prescott Avenue and on Kipping
Avenue in accordance with the provisions of the Municipal Code, Chapter 309 (Solid Waste). A garbage storage area,
located on private property , of sufficient size to accommodate the amount of refuse generated in one week will be
required for each dwelling unit. The storage of materials in each garage between collections is acceptable.
The existing water distribution system and sanitary sewer system are adequate to serve this development.
It is the policy of City Council to require the infiltration of storm water run-off into the ground for all new buildings,
whenever possible. Therefore, storm connections to the City sewer system will only be permitted if it can be demonstrated
that infiltrating storm water into the ground is not feasible. Further information regarding storm drainage can be obtained
by contacting the Engineering Division of this Department (telephone no. 392-6797).
Approval for any work to be carried out within the street allowances must be received by this Department.
Thank you for your request of August 20, 1998 to review and comment on the above referenced application. Staff at
Environmental Health Services (EHS) have reviewed this application and off the following comments.
EHS has previously commented on this site during a demolition permit application (No.410370). At that time EHS had no
objection to the issuance of a demolition permit, based on the information provided in the Environmental Site Assessment
Report. I would note that EHS indicated we may require that a comprehensive soil and groundwater testing program be
conducted when redevelopment of this site is considered, that would deal with any subsurface contamination identified on
the site.
The consultant has conducted soil investigations in areas of the site that, based on historical information and a site audit,
may have been impacted by underground storage tanks (UST=s) or migration from railway corridors located along the east
property line.
An electro-magnetic detector was used, by the consultant, to try and locate any UST=s on the property. The
electro-magnetic scan did not identify any underground storage tanks on the site.
However, the presence of vent pipes and two cut feed lines prompted the consultant to conduct soil analysis tests in the
proximity of the east building wall. The consultant also conducted soil analysis tests on samples obtained from boreholes
constructed along the railway corridor. Results of all the tests, conducted on these soil samples, that were obtained from
varying depths, in a total of 22 boreholes on the site, indicate no exceedances of Ministry of Environment criteria for
hydrocarbons. Furthermore, according to the consultant, on-site plants appeared healthy in colour, without evidence of
any significant subsurface contamination. The consultant concludes by stating that, Ano further environmental
investigations are recommended or warranted at this time regarding the subject site@.
Based on the specific information provided, I have no objection to a building permit being issued for this site.
Please inform the owner/applicant in respect to this matter and provide them with a copy of my comments. If you have
any questions, please contact me at the above number.
