November 25, 1998

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Final Report: Rezoning Application No. 197005 to permit the conversion of an industrial building at 233 Carlaw Avenue to 42 live/work units in combination with light industrial uses. (Ward 25, Don River)

Purpose:

This report recommends a draft by-law to amend the City's Zoning By-law to permit the introduction of live/work units into the building at 233 Carlaw Avenue in line with the recommendations set out below.

Source of Funds:

Not applicable.

Recommendations:

1.That the 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 233 Carlaw Avenue, shown on the key map, so as to:

(a)redesignate the site I1 D3;

(b)exempt the site from Sections 4(4)(b), 4(4)(l)(ii), 4(6)(c), 4(10)(a), 4(12), 9(1)(f) and 9(1)3(iii) of By-law 438-86, as amended;

(c)permit the use of the existing building containing not more than 42 live/work units and light industrial uses, provided that:

(i)residential amenity space is provided to the extent of at least 118 square metres of indoor space and at least 84 square metres of outdoor space;

(ii)not less than 47 parking spaces are provided to serve the project, including 7 spaces on site, 12 boulevard spaces and 28 spaces located at 1215 Dundas Street East. Not less than 29 of those spaces shall be for the exclusive use of residents of the building;

(iii)the combined above-grade residential gross floor and non-residential gross floor area does not exceed 9,944.00 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 existing four storey and basement industrial building at 233 Carlaw Avenue into a building with 42 live/work units and 3,354.00 square metres of light industrial uses including artists' and photographers' studios and 3,028.00 square metres of warehouse space. Twenty eight parking spaces will be provided in a surface parking lot owned by the applicant to the north of the building. In addition, the owner has indicated an intent to continue to lease 12 boulevard parking spaces contained within the Boston Avenue right-of-way to the east of the building and 7 outdoor parking spaces will be provided on site. Indoor and outdoor residential amenity space will be provided for the exclusive use of residents for social or recreational purposes.

A site-specific by-law amending the City's Zoning By-law by redesignating the site from I2 D3 to I1 D3 while permitting the introduction of 42 live/work units is recommended. An Undertaking under Section 41 of the Planning Act will be entered into prior to the introduction of a Bill in Council.

1.The proposal

The applicant is proposing to convert the existing four storey and basement industrial building into 42 live/work units in addition to continuing to house artists' and photographers' studios, warehousing space as well as other light industrial uses.

2.Site and surrounding area

The site is located on the east side of Carlaw Avenue in a row of industrial buildings stretching from the rear of the Queen Street East properties to the CNR tracks north of Dundas Street East. To the north and to the west are more industrial buildings. To the east is a low rise residential area.

The area is in a state of transition from industrial only use into a mix of residential and industrial uses. The building at 245 Carlaw Avenue to the north of 233 Carlaw Avenue has been approved and is in the process of conversion into 76 live/work units and some office commercial uses while retaining some industrial uses. In addition to the subject application, another rezoning application to introduce residential uses on the west side of the street at 320 Carlaw Avenue is currently under review.

A new three storey live/work building is proposed for 1142 Dundas Street East and discussions are underway respecting the proposed introduction of residential uses into other neighbouring properties. An application for residential subdivision has been submitted for the large 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 I2D3 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 on August 12, 1997 to discuss this application as well as Rezoning Application No. 197006 respecting 320 Carlaw Avenue raised issues concerning industrial/residential conflicts, primarily along Boston Avenue in the block between Queen Street East and Dundas Street East where the servicing of most of the industrial buildings fronting on the east side of Carlaw Avenue takes place. Complaints about truck movements, noise, parking and garbage issues dominated the meeting. Residents generally welcomed the concept of live/work units, looking forward to a possible future reduction of the current industrial/residential conflicts.

Boston Avenue residents have also voiced concerns respecting the amount of traffic on Boston Avenue south of Dundas Street East as well as about the need for appropriate fencing and landscaping along the Boston Avenue frontage to screen the grade-level activities of industrial buildings from residents living across the street in low rise housing.

4.2Residential amenity space

The applicant is proposing to provide an area of 118 square metres of indoor residential amenity space at the basement level on the west side of the building for the exclusive use of residents of the building for social and recreational purposes. This amenity space will contain a kitchen and washroom and would be suitable for meetings, parties, etc. An area of 84 square metres of outdoor amenity space will be provided on the roof of the building.

4.3Landscaping

A landscaping plan for the site includes screening and landscaping of the roof amenity space with shrubs, benches and planters. In addition, the Boston Avenue frontage of the parking area which will be serving the building will see new tree planting and fencing as well.

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 233 Carlaw will be retained in its entirety, having already undergone significant renovation over the past year with more upgrading expected as the proposed use changes to a live/work emphasis. Light industrial uses will continue to occupy part of the building as well, thus retaining some industrial jobs in the area. Also, the owner's indicated intent to continue to encourage a broad range of small businesses in what he terms "work/live units" would retain 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 have contained live/work units on an informal basis for some time with little evidence of conflict between the residential and industrial uses. In addition, I am recommending that the Zoning By-law designation be changed from I2 D3 to I1D3 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 I 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 I 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

Email: tburhold@city.toronto.on.ca

Beate Bowron

Director

Community Planning, South District

[p:\1998\ug\uds\pln\to981773.pln-tm]

APPLICATION DATA SHEET

Confirmed Municipal Address:233 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, November 23, 1998

"Our comments concerning this proposal are as follows:

Description:Interior alterations, convert the basement studios to warehouses class A and convert other portions of the building to 41 live-work units.

Zoning Designation:I2 D3Map:52H 312

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

Plans prepared by:Papadopoulos & Pradhan Architects Inc.Plans dated: November 19, 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 by-law requires a minimum of 42 parking spaces for the live-work units to be provided on the same lot and 8 parking spaces for the warehouse class A units to be provided on the same lot or on a lot within 300 metres. The proposed 47 off-site parking spaces will not comply with sections 4(4)(b) and 4(4)(l)(ii) in that less than 50 parking spaces are being provided, off-site parking is not permitted for residential uses and some of the off-site parking will not be provided on a lot, but rather on portions of the City boulevard.

2.One loading space - type G (3.5 metres by 11 metres with a vertical clearance of at least 4 metres) will not be provided, as required for the dwelling units. (Section 4(6)(c)).

3.The entrance to the commercial parking lot at 1215 Dundas St. E./ 66 Boston Av. will not be constructed perpendicular to Dundas St. E., as required by section 4(10)(a).

4.The by-law requires 84 square metres of indoor residential amenity space and 84 square metres of outdoor residential amenity space. Only 84 square metres of outdoor amenity space on the roof of the building will be provided. (Section 4(12).)

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

6.The commercial parking lot is required to be provided with a non-flexible guard rail or fence, or a wall along the boundary of the property abutting a street, excluding the portions used for access. (Section 9(1)3(iii).

7.The commercial parking lot at 1215 Dundas St. E./ 66 Boston Av. will require site plan approval if it was established after 1979. There are no recent building records indicating this property to being used as a commercial parking lot.

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 6, 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 47 parking spaces to serve the project, including at least 29 spaces for the exclusive use of the residents of the project;

(c)Designate individually, by means of clearly visible signs, the parking spaces provided for the exclusive use of the residents of the project;

(d)Provide and maintain the 3 existing loading spaces, each measuring 3.7 m x 9.2 m;

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

(f)Agree to advise all owners and tenants of the units that refuse and recyclables generated by this building must be collected by a private refuse collection firm;

(g)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; and

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

(h)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;

(i)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;

(j)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 appurtenant rights-of-way and such plan should be submitted at least 3 weeks prior to the introduction of bills in Council; 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

East side of Carlaw Avenue, north of Queen Street East.

Proposal

Conversion of an existing manufacturing building to 3,292 m² of Photographer'/Artists' studios and 42 live/work units. The proposal was dealt with in Departmental reports dated March 12 and September 9, 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.

Previous Application

This site was previously the subject of Development Review Application No. 396030, resulting in Statement of Approval/Undertaking No. U396030.

Parking and Access

The plans indicate the provision of 47 parking spaces to serve the project, including 7 spaces on site, 12 boulevard parking spaces and 28 spaces located at a nearby lot at Premises No. 1215 Dundas Street East, under the same ownership. According to the Zoning by-law Examiner's June 24, 1998 report, the Zoning By-law requires the provision of 54 parking spaces, including 47 spaces for the residents and 7 spaces for the non-residential component.

Mr. Gyan Jain of Gykan Enterprises has submitted, on behalf of Navhar Properties Inc., an August 6, 1997 letter with respect to the parking demand generated by this project and how it will be accommodated, in accordance with Recommendation No. 1(b) of the March 12, 1997 report. The letter outlines the parking demand generated by a development located at Premises No. 250 Carlaw Avenue which contains a similar mix of studio, warehousing, storage and manufacturing uses totaling 14,800 square metres of rentable area.

The applicant indicates that 120 spaces are available for that project at a nearby lot at Premises No. 1215 Dundas Street East, however, not more than 50% of these spaces are used by tenants and visitors of the project. On this basis, the parking demand is approximately 1 space for each 250 square metres of rentable area. These figures were also provided to you in the Departmental report dated August 29, 1997 with respect to premises No. 320 Carlaw Avenue, which is under the same ownership.

Recognizing the decrease in the amount of non-residential space, the increase in the amount of live/work units and using the ratio derived above, this proposal would generate a parking demand for 47 spaces. Therefore, the provision of 47 parking spaces would adequately accommodate the parking demand generated by this project.

Furthermore, given the retention of the existing building, I have no objection to the provision of 28 parking spaces located at Premises No. 1215 Dundas Street East as they will be located within 300 m of this site and provided these spaces are designated by means of clearly visible signs, for the exclusive use of the tenants of premises No. 233 Carlaw Avenue. The general layout and dimensions of the proposed parking spaces are acceptable.

Access to and egress from the 7 at-grade parking spaces at the rear of the site is proposed via an existing 12 m wide one-way entrance and a 12 m wide one-way exit on Boston Avenue which are acceptable.

Loading

The plans indicate the retention of 3 existing loading spaces each 3.7 m x 9.2 m, which is less than the estimated loading demand generated by this project for 1 Type G and 2 Type B loading spaces. As far as can be ascertained the Zoning By-law requires the provision of 1 Type G loading space. Given the constraints imposed by the retention of the existing building, the applicant submitted documentation dated August 6, 1997, identifying how the loading demands generated by this development will be accommodated and advised that none of the 55 existing establishments require heavy trucks for receiving or delivering their goods and services except one garment manufacturer who uses a 9 m long trailer. The majority of the tenants use small vans to load and unload. Based on this information, the 3 existing loading spaces would appear to be adequate to accommodate the loading demands generated by this development and, under these circumstances, are acceptable.

Refuse Collection

This project would be 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 following facilities:

• a garbage room with a minimum size of 20 m², equipped with a stationary compactor;

• a recyclable materials storage room with a minimum size of 10 m²;

• the garbage room and the recyclable materials storage room designed with overhead or double doors of sufficient size to accommodate the movement of container bins;

• a Type G loading space located on site and designed such that garbage trucks using the loading space are able to enter and exit the abutting street in a forward motion;

• a concrete pad adjacent to the front of the Type G loading space for the storage of 3 container bins on collection day.

The plans do not show the provision of these required refuse collection facilities. The applicant has indicated to this Department of it's intent to maintain the private garbage collection system currently in place at this address. This is acceptable. However, the owners and tenants of the residential units must be advised that refuse and recyclables generated by this building will be collected by a private refuse collection firm.

As refuse generated by the non-residential component of this project will also consist of manufacturers' and trade waste, this must be collected by a private refuse collection firm 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 the Sanitation Section (telephone no. 392-1040) will assist in the format and content requirements in the preparation of the plan.

Municipal Services

The existing water distribution and sanitary sewer systems are adequate to serve this development.

Work within the Road Allowance

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

3.Public Health, April 20, 1998

"Thank you for your request of March 27, 1998, to a 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 May 13, 1997, 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, May 13, 1997

"Thank you for your request of February 5, 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.

Comments:

The applicant proposes to convert an industrial building to develop live/work studios. A review of the files available to us indicates that we have previously commented on this site during a Site Plan Application No. 396030.

Additional information is required by EHS staff in order to adequately conduct a review of the environmental conditions at the subject site. This should include a Soil and Groundwater Management Plan and a Dust Control Plan, details of which are included in the enclosed attachment.

This information will help to identify any environmental concerns with respect to the subject property.

Recommendations:

1.That the owner shall conduct a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil conditions and proposes remediation options to be submitted for approval by the Medical Officer of Health, prior to the introduction of a Bill in Council.

2.That the owner shall implement, under the supervision of an on-site qualified environmental consultant, the Soil and Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health, and upon completion submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the remediation has been completed in accordance with the Soil and Groundwater Management Plan.

3.That the owner shall prepare a Dust Control Plan and submit this plan for approval by the Medical Officer of Health prior to the issuance of any building permit.

4.That the owner shall implement the measures in the Dust Control Plan approved by the Medical Officer of Health.

By copy of this letter I will inform the applicant with respect to this matter. If you have any questions contact me at 392-7685."