37.Zoning By-law Amendment Application

Lands - West Side Of Gilbert Avenue

(South Of Eglinton Avenue forming part of the CNR Right-of-Way)

 From the Commissioner, Development Services, York Civic Service Centre

(February 6, 1998 )

 Purpose:

 This report is for the approval of a Zoning By-law Amendment to change the zoning of the lands on the west side of Gilbert Avenue, adjacent to the CNR rail line, from T- Transportation and Utilities District to PE - Prestige Employment.

 Source of Funds:

 Not applicable.

 Recommendations:

 It is recommended that:

 (1)the application be approved; and

 (2)a Zoning by-law to amend Zoning By-law 1-83 be passed in accordance with the draft Zoning By-law , attached as Appendix B to this report.

 Background:

 (1)Proposal:

 The applicant has proposed that Zoning By-law 1-83 be amended to change the zoning of the lands from T - Transportation & Utilities to PE - Prestige Employment. This zoning amendment is requested in recognition of the fact that a portion of the CNR lands at the rear of the industrial properties on the west side of Gilbert Avenue (See Appendix A: Site Location Map) are occupied by light industrial and warehouse uses, or accessory parking facilities, and have been used as such for many years. The uses are legal non-conforming as a result of a Borough of York rezoning of railway and utility corridors from M - Manufacturing District to T - Transportation and Utilities District in 1974.

 (2)Committee of Adjustment:

 These lands are also the subject of various consent applications primarily for the purpose of disposing of surplus railway lands. Provisional consent was granted on May 6, 1997, by the Committee of Adjustment, subject to conditions, including the rezoning of the lands from T - Transportation & Utilities to PE - Prestige Employment. This zoning amendment is to be final and binding within one year from the notification of the decision on May 13, 1997, otherwise the provisional consent will expire.

 Provisional consent created a number of parcels to be sold and added to adjacent industrial properties fronting on the west side of Gilbert Avenue. In addition, the consent created two other parcels which are not being added to abutting properties and which have no frontage on Gilbert Avenue. These parcels are shown as parcels AA@ and AB@ on Schedule AA@ to the draft Zoning By-law attached as Appendix AB@. Each of the parcels contain a building. They will be serviced and accessed by new rights-of-way (also created by consent) over a CNR access driveway (between 450 and 460 Gilbert Avenue) leading to Gilbert Avenue and over the parcel to be added to the rear of 450 Gilbert Avenue.

 Zoning By-law 1-83, however, does not permit any building to be used on a lot which does not abut on a road. A site specific zoning provision is required to allow the use of any building on these lots for Employment uses.

 (3)Official Plan:

 The site, as part of the railway right-of-way, currently is not designated. The Official Plan recognizes the existing railway corridor. Official Plan policies will permit the lands to be zoned AEmployment@ once the consent is in effect.

 Discussion:

 There are no specific planning issues or issues arising from other departmental comments associated with this proposal. These lands have been leased for many years by the CNR for separate employment uses or to the adjacent employment uses for parking or building encroachment.

 This request to change the T zoning of the subject lands to PE zoning recognizes that that the subject lands have not been used nor are intended to be used for transportation or utility uses. The zoning change is also appropriate to provide a zoning which is consistent with the zoning of the abutting properties fronting on Gilbert Avenue.

 A site specific zoning provision also is recommended to allow buildings on the two separate parcels (each with an existing building) that are not to be sold to abutting land uses, to be used for any use permitted in a PE zone and to define Afrontage@ for these parcels. This will serve to permit the functional use of the two properties which will have no frontage on Gilbert Avenue, but will be serviced and accessed by rights-of-way extending from Gilbert Avenue.

 City Wide Issues:

 None

 Conclusions:

 This application for amendment to Zoning By-law 1-83, follows from an application to Committee of Adjustment requesting consent to sever these surplus lands from the adjacent CNR right-of-way. This rezoning fulfils one of the Committee of Adjustment=s conditions of approval, which was recommended by the Development Services Department.

 Contact Name:

 John Crawford, Senior Planner

Phone: 394-2612Fax: 394-2782

 (The following attachments are on file in the Clerk=s Office

ASite Location Map

BDraft Zoning By-law)

Authority:

Intended for first presentation to Council:

Adopted by Council

 CITY OF TORONTO

Bill No.

BY-LAW NO.

 TO AMEND Former City of York

By-law Number 1-83

  (Re: Lands on the West Side of Gilbert Avenue,

South of Eglinton Avenue, Abutting the CNR Right-of-Way)

  THE COUNCIL OF THE CITY OF TORONTO ENACTS AS FOLLOWS:

 1.THAT Section 6 of City of York By-law Number 1-83, as amended, be further amended by adding a new Subsection (54) as follows:

 SECTION 6 - AMENDED

 MAP 16

 (54)By changing the area shown on District Map 16, comprising the lands shown on Schedule AA@ hereto, from a T District to a PE District, and by changing District Map 16 accordingly.

 2.THAT Section 16 of City of York By-law Number 1-83, as amended, be further amended by adding a new Subsection (377) as follows:

 SECTION 16 - AMENDED

 A(377)LANDS - WEST SIDE OF GILBERT AVENUE, SOUTH OF EGLINTON AVENUE WEST

 Notwithstanding the provisions of Subsection 3 of Section 3, the erection and use of any building(s) on the properties described and shown as parcels AA@ and AB@ on Schedule AA@ shall be permitted.@ For the purpose of this Subsection, frontage, in relation to parcels AA@ and AB@, shall mean the length of the line which abuts a right-of-way that is required to give access to the parcel@.

City of Toronto By-law No.

   3.SUBJECT to the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P.13 this By-law shall come into force and effect on the date of its passing.

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

     MAYORCLERK