November 19, 1998

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Final Report: Rezoning Application No. 197006 to permit the conversion of an industrial building at 320 Carlaw Avenue to 41 live/work units, artists' and photographers' studios and warehouse space. (Ward 25, Don River)

Purpose:

This report recommends a draft by-law amending the Zoning By-law to permit the introduction of live/work units into the building at 320 Carlaw Avenue in line with the recommendations set out below.

Source of Funds:

Not applicable

Recommendations:

1.That City Solicitor be requested to submit a draft by-law in consultation with the Commissioner of Urban Planning and Development Services to amend the City's Zoning By-law 438-86 as it affects the site at 320 Carlaw Avenue, shown on the Key Map, so as to:

(a)rezone the site I1 D3;

(b)exempt the site from Sections 2(definition of parking space), 4(4)(c)(ii), 4(6)(c), 4(12) and 9(1)(f) (uses permitted in an I1 district);

(c)permit the use of the existing building containing 41 live/work units in addition to light industrial uses;

provided that:

(1)residential amenity space is provided to the extent of at least 82 square metres of indoor space and at least 74 square metres of adjoining outdoor space;

(2)not less than 70 parking spaces are provided and maintained on the site, including not less than 29 parking spaces for the exclusive use of residents;

(3)the combined above-grade residential gross floor area and non-residential gross floor area does not exceed 12,582 square metres.

2.That the owner enter into an Undertaking under Section 41 of the Planning Act prior to the introduction of a Bill in Council.

Summary

The applicant is proposing to convert the two storey and basement industrial building at 320 Carlaw Avenue into a building containing 41 live/work units in combination with artists' and photographers' studios, software design establishments and warehousing space. Seventy parking spaces will be provided on the site with 46 contained in a basement parking garage and the remaining 24 outdoor spaces located adjacent to the north building face. Indoor and outdoor residential amenity space is provided in the south/west corner of the site for the exclusive use of residents of the building.

I am recommending a site-specific by-law amending the City's Zoning By-law rezoning the site from I2 D3 to I1 D3 while permitting 41 live/work units in combination with light industrial uses. An Undertaking under Section 41 of the Planning Act will be entered prior to the introduction of a Bill in Council.

1.The proposal

The applicant is proposing to convert the existing two storey and basement building into 41 live/work units in addition to continuing to house light industrial uses such as artists' or photographers' studios, software design establishments and warehousing space.

2.Site and surrounding area

The site is located at the south/west corner of Carlaw Avenue and Dundas Street East. To the south and to the east across Carlaw Avenue are more industrial buildings. To the west is a low-rise residential area.

The Carlaw area is an area in transition from industrial-only uses into a mix of residential and industrial uses. The building at 245 Carlaw Avenue across the street from 320 Carlaw Avenue is in the process of conversion into 76 live/work units and commercial office units while retaining some light industrial uses. In addition to this proposal, another rezoning application to introduce residential uses on the east side of Carlaw at 233 Carlaw Avenue is currently under review, an application for a new three-storey live/work building has been received for 1142 Dundas Street East and discussions are underway respecting the proposed introduction of residential uses into other neighbouring properties. An application has been made for residential subdivision of the former Colgate-Palmolive site fronting on Logan, Colgate and Carlaw Avenues.

3.Current Official Plan and Zoning By-law Designations

Amendment No. 122 to the Official Plan for the former City of Toronto, approved by the Ministry of Municipal Affairs and Housing on July 21, 1998, redesignated the former Restricted Industrial Area along Carlaw Avenue as a Mixed Industrial-Residential Area , thus permitting the introduction of residential uses through rezoning. The new designation permits industrial uses up to three times coverage, residential uses up to two times the lot area and a mix of industrial and residential uses up to three times, provided the residential component does not exceed the two times density limit.

The Zoning By-law designates the site as I2 D3 with a height limit of 18 metres. This permits a range of light industrial uses up to a maximum density of three times the lot area.

4.Planning Considerations

4.1Public response

A public meeting held to discuss this application as well as Rezoning Application No. 197005 respecting 233 Carlaw Avenue raised issues of industrial/residential conflicts, primarily in the Boston Avenue area in the block between Queen Street East and Dundas Street East. Complaints about truck movements, noise, parking and garbage issues were voiced. Residents generally welcomed the concept of live/work units, looking forward to a possible future reduction of the current industrial/residential conflicts.

4.2Residential amenity space

The applicant is proposing to provide an area of 82 square metres of indoor residential amenity space on the ground floor at the south/west corner of the building for the exclusive use of residents of the building. This amenity space will contain a kitchen and washroom and would be suitable for meetings and parties. Immediately adjoining the indoor space will be a landscaped outdoor amenity space with an area of 74 square metres.

4.3Landscaping plan

A landscaping plan for the site was approved as part of an earlier site plan application. The proposed landscaping plan provides additional landscaping of the outdoor amenity space.

4.4Official Plan policies respecting change in use

Section 9.41 of the former City of Toronto Official Plan outlines the following matters for which the City shall have regard prior to passing by-laws to permit a change in use in Mixed Industrial-Residential Areas:

"(a)the advisability of retaining existing industrial buildings or uses in terms of the retention of industrial jobs and the retention of industrial buildings in good structural condition or which may have architectural or historical merit;

(b)the advisability of retaining existing residential buildings or uses in terms of the policies contained in Section 6 of this Plan and the standard of structural repair and architectural or historical merit of such buildings;

(c)the extent to which a change in use would adversely affect the continued compatibility of neighbouring uses, particularly in those areas where identifiable pockets of a consistent use, industrial or residential, exist;

(d)the provisions of the appropriate Provincial legislation either governing the issuance of Certificates of Approval for industrial uses, or in any other manner regulating the standard of industrial performance; and

(e)those matters as set out in Part II of this Plan."

With respect to (a) above, regarding the retention of quality industrial buildings and industrial jobs, the property at 320 Carlaw Avenue will be retained in its entirety. Light industrial uses will continue to occupy part of the building as well, thus retaining some industrial jobs in the area. Also the owner has indicated an intent to continue to encourage a broad range of small businesses in the building, thereby retaining a mix of economic activity in the area.

The impact on the continued compatibility of neighbouring uses referred to in (c) above would appear to be minimal. Several properties along Carlaw Avenue have contained live/work units on an informal basis for some time with little evidence of conflict between residential and industrial uses. In addition, I am recommending that the Zoning By-law designation be changed from I2 D3 to I1 D3 in order to ensure that only the lightest of industrial uses would be permitted in association with the residential uses.

With respect to (d), the Ontario Building Code regulates the standards of industrial performance as well as the types of industrial uses that would be permitted in association with live/work units.

With Cityplan's introduction of more detailed policies into the Part 1 Official Plan, the former South Riverdale Part II Plan which applied to this area (see (e) above), has been deleted along with several other Part II Plans. For this Mixed Industrial-Residential Area, the Part 1 Official Plan provisions for such areas are now the only applicable policies.

4.5Site plan control

The owner has also made application for site plan approval under Section 41 of the Planning Act. An undertaking will be entered into prior to the introduction of a Bill in Council.

Conclusion:

I am recommending approval of this application.

Contact Name:

Tim Burkholder, Area Planner

Community Planning Division, East Section

Tel:416-392-0412

Fax:416-392-1330

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

Beate Bowron

Director, Community Planning, South District

[p:\1998\ug\uds\to981774.pln-tm]

APPLICATION DATA SHEET

Confirmed Municipal Address:320 Carlaw Avenue

PLANNING CONTROLS (For verification refer to Chief Building Official)

PROJECT INFORMATION

Appendix B

Comments from Civic Officials

1.Urban Planning and Development Services, September 10, 1998

"Our comments concerning this proposal are as follows:

Description:Interior alterations and convert portions of the building to 41 live-work units.

Zoning Designation:I2 D5Map:52H 312

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

Plans prepared by:Papadopoulos & Pradhan Architects Inc.Plans dated: July 21, 1998

Zoning Review

The list below indicates where the proposal does not comply with the City's Zoning By-law 438-86, as amended, unless otherwise referenced.

1.The proposed parking spaces will have dimensions of less than the required 2.6 metres by 5.9 metres. (Section 2, definition of "parking space".)

2.The by-law requires a minimum of 41 full size parking spaces for the live-work units. It is not clear whether there are 41 parking spaces with dimensions of at least 2.6 metres by 5.9 metres. (Section 4(4)(b).)

3.It is not clear whether the two-way driveways have widths of at least 5.5 metres. (Section 4(4)(c)(ii).)

4.One loading space - type G (4 metres by 11 metres with a vertical clearance of at least 4 metres and 6 metres in certain instances) will not be provided, as required for the dwelling units. (Section 4(6)(c))

5.The by-law requires 82 square metres of indoor residential amenity space adjoining 82 square metres of outdoor residential amenity space. The proposal will be provided with 74 square metres of outdoor amenity space. (Section 4(12).)

6.The proposed live-work units are not permitted in an I2 district. (Section 9(1)(f))

Other Applicable Legislation and Required Approvals

1.The proposal requires Site Plan approval under Section 41 of the Planning Act.

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

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."

2.Works and Emergency Services, November 20, 1998

"Recommendations:

1.That the owner be required to:

(a)Provide space within the development for the construction of transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development;

(b)Provide and maintain a minimum of 70 parking spaces to serve the project, including at least 29 spaces for the exclusive use of the residents of the project;

(c)Provide and maintain a physical separation between the residential and non-residential portions of the parking garage to secure the availability of the residential parking, with the exception of 1 residential parking space, which may be located in the commercial parking area provided that it is designated by means of a clearly visible sign for residential parking only;

(d)Provide and maintain the two access ramps leading to the underground garage with maximum slopes of 11.32% and 20%, respectively;

(e)Provide and maintain a minimum width of 3.05 m and 3.3 m for the two entrance ways to the parking garage;

(f)Submit to and have approved by, the Commissioner of Works and Emergency Services, prior to the issuance of a building permit, detailed specifications outlining the operations of the proposed one-way directional warning/signal systems to be installed on the ramps from Carlaw Avenue;

(g)Provide and maintain an alternating one-way access system for the two ramps from Carlaw Avenue, serving the below-grade parking facilities;

(h)Provide and maintain a garbage room at least 25 square metres in size in the residential component of the project and install and maintain a stationary compactor unit in the garbage room;

(i)Provide and maintain a room at least 15 square metres in size in the residential component of the project to drop-off and store recyclable material, separate from the garbage room;

(j)Provide and maintain a level service connection between the garbage room/recycling room and the Type G loading space for the transporting of container bins;

(k)Provide and maintain a concrete base pad with a slope not exceeding 2% adjacent to the front of the Type G loading space for the storage of at least 5 compactor containers on collection day;

(l)Provide and maintain 1 Type G loading space on the site, with a generally level surface and access designed so that trucks can enter and exit the site in a forward motion;

(m)Construct all driveways and passageways providing access to and egress from the Type G loading space with a minimum width of 3.5 m (4 m where enclosed), a minimum vertical clearance of 4.3 m and minimum inside and outside turning radii of 9 m and 16 m;

(n)In the event that the Type G loading space or any of the storage and handling facilities identified in Recommendation Nos. 1(g) to 1(l) above, is not provided:

(i)Provide and maintain private refuse collection services for this project;

(ii)Agree to advise all tenants of the units that refuse and recyclables generated by this building must be collected by a private refuse collection firm which is licensed to carry and dispose of hazardous waste;

(iii)Provide and maintain a minimum 3.7m x 13. 7m loading area and a minimum 11.90 m x 8.8 m loading area on the site;

(iv)Provide and maintain convex mirrors and appropriate signage to aid and improve visibility for drivers using the loading spaces;

(o)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of a bill in Council:

(i)a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction within the development;

(ii)a Noise Impact Statement in accordance with City Council's requirements;

(p)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;

(q)Provide, maintain and operate the material recovery and waste reduction and noise impact measures, facilities and strategies stipulated in the respective plans approved by the Commissioner of Works and Emergency Services;

(r)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 under application and any rights-of-way appurtenant thereto, and such plan should be submitted at least 3 weeks prior to the introduction of bills in Council;

(s)File an application for an Encroachment Agreement, prior to the issuance of a building permit, for the existing encroachments on Carlaw Avenue; and

2.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.

Comments:

Location

South-west corner of Dundas Street East and Carlaw Avenue.

Proposal

Interior alterations to an existing manufacturing building resulting in 5,637 m² of Artists'/Photographers' studio space, 61 m² of restaurant space and 41 live/work units.

The statistical information on the site plans have been revised to reflect the proposed project.

The proposal was dealt with in Departmental reports dated May 23, 1997 and November 2, 1998. The above consolidated recommendations supersede the recommendations contained in the previous reports, including the recommendation requiring the submission of revised drawings which has been satisfied.

Parking and Access

The provision of 70 parking spaces to serve the project, including 46 spaces in two separate sections of a one-level underground garage and 24 surface spaces satisfies the estimated parking demand generated by the project for 59 parking spaces, including 29 spaces for the exclusive use of the residents and 30 spaces for the shared use of the non-residential components of the project and, as far as can be ascertained, the Zoning By-law requirement for 41 spaces for the exclusive use of the residents. The Zoning By-law does not specify a parking requirement for the non-residential component of this project. The total proposed parking supply is acceptable.

The two portions of the existing underground parking garage contain 18 and 28 spaces for the commercial and the residential components of the project, respectively. However, as 29 spaces are required for the exclusive use of the residents, 1 of the residential spaces will be provided in the commercial portion of the garage and designated by means of a clearly visible sign for residential parking only. This is acceptable.

With respect to the proposed ramp widths and slopes which were previously addressed in the August 29, 1997 Departmental report dealing with Site Plan Review Application No. 397087, given the constraints imposed by the existing building to be retained and that a traffic signal system will be installed, the proposed widths and slopes are acceptable provided that details of the operation of the proposed directional warning/signal system for the two access ramps are submitted for the review and approval of the Commissioner of Works and Emergency Services prior to the issuance of a building permit.

Access is proposed to the 24 at-grade parking spaces directly from Dundas Street East, along the north perimeter of the site and is acceptable.

Loading

Previous requirements with respect to the loading facilities were addressed and secured in the August 29, 1997 Departmental report dealing with Site Plan Review Application No. 397087, resulting in Statement of Approval/Undertaking No. U397087. Given the decrease in the total amount of non-residential space from 13,247 m² to 5,637 m² and that the proposed loading facilities reflect those previously set out in the above-noted Undertaking, the proposed loading facilities are acceptable. The plans indicate that mirrors will be installed to improve visibility for drivers using the loading spaces in the vicinity of the sidewalk and signage will be erected to minimize any hazards. This is acceptable.

Refuse Collection

This project is eligible for City bulk lift refuse and recyclable materials collection in accordance with the Municipal Code, Chapter 309 (Solid Waste), subject to the provision of the storage and handling facilities identified in Recommendation Nos. 1(h) to 1(m) above.

The plans do not show the provision of these required refuse collection facilities and the applicant has advised this Department of his company's intent to maintain the private garbage collection system currently in place at this address. This is acceptable. However, the tenants of the units must be advised that refuse and recyclables generated by this building will be collected by a private refuse collection firm and that City refuse collection could be provided only if all of the above-noted facilities are incorporated into the development project.

As garbage generated by a portion of this development will likely include manufacturers' trade and hazardous wastes, this must be collected by a private refuse collection firm which is licensed to carry and dispose of hazardous waste.

Material Recovery and Waste Reduction

The owner is required to submit a Material Recovery and Waste Reduction Plan which will include:

(a)A description of the waste composition which shall be generated by the development and the expected quantity of each category of waste material;

(b)A description of the policies, programmes, processes and equipment which will be put in place to carry out material recovery and waste reduction;

(c)The provision of space required to store and/or process recovered materials;

(d)Separate accommodation for the recovery, safe storage and disposal of hazardous waste, if any.

The owner is advised that staff of the Operations and Sanitation Division (telephone no. 392-1040) will assist in the format and content requirements in the preparation of the plan.

Municipal Services

The existing water distribution system and sanitary system are adequate to serve potential development on the site. However, as a portion of this development may involve photo processing, the quality of the sewage from the development must comply with the City of Toronto Municipal Code, Chapter 292-sewers.

Encroachments

The plans submitted with the application show a metal frame and four doors which would encroach onto the Carlaw Avenue road allowance. As a result, these encroachments will require the submission and approval of a separate application to this Department.

Work Within the Road Allowance

Approval of any work to be carried out within the street allowance must be received from this Department."

3.Public Health, August 5, 1998

"Thank you for your request of March 27, 1998, to review and comment on the above referenced application. Staff at Environmental Health Services (EHS) have reviewed this application and offer the following comments.

The revisions to the site plan have been noted and do not alter the previous recommendations made for this site. Please refer to this Department's letter dated January 20, 1998, for this information.

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."

4.Public Health, January 20, 1998

"Thank you for your request of June 27, 1997, to review and comment on the above referenced application. Staff at Environmental Health Services (EHS) have reviewed this application and offer the following comments.

The applicant proposes to alter the existing building to convert it to an artists work studio.

Environmental Health Services have previously commented on this site during an Official Plan Amendment application (No.197006). At that time, EHS commented on a phase 1 and a Phase 2 environmental site assessment for this property. Please see our letter of December 4, 1997 for this information.

It is my understanding, based on information provided by the consultant, that all of the hazardous materials identified in the Phase I report, have been removed for proper disposal and there are no hazardous materials left on site. Furthermore, the UST's identified in the Phase II report have been removed, except for the tank located inside the building. According to the consultant, an application has been made to the Fuel Safety Branch, to obtain a variance from the code, allowing the applicant to leave this tank in place and fill it with concrete.

The proponent has provided information that satisfies the requirements of the Undertaking (No.U397087), with the exception of a dust control plan. In a telephone conversation with George Padanyi of Inspection Division, Urban Development Services, he has indicated that, in his opinion, current ongoing alterations do not require dust control. Therefore, dust control will not be a requirement for this project at this time.

Therefore, based on the specific information provided, the Medical Officer of Health has no objection to the issuance of a permit for this application.

I will inform the applicant with respect to this matter and provide them with a copy of my letter. If you have any questions, please contact me at 392-7685."