Zoning By-law Amendment Application for Lands on the
West Side of Gilbert Avenue (South of Eglinton Avenue West
forming part of the CNR Right-of-Way)
The York Community Council, after considering the deputations and based on the findings
of fact, conclusions and recommendations contained in the report dated February 6, 1998 from
the York Commissioner of Development Services, and for the reason that the proposal is an
appropriate use of the lands, recommends as follows:
(1) that the draft Zoning By-law amendment attached to the report of the
York Commissioner of Development Services (February 6, 1998), with respect to an
application submitted by the Canadian National Railway Company, regarding a zoning
by-law amendment for lands situated on the west side of Gilbert Avenue, south of
Eglinton Avenue West, and forming part of the CNR Right-of-Way, be approved;
(2) that the report of the York Commissioner of Development Services (February 6, 1998)
be adopted; and
(3) that the appropriate City officials be authorized and directed to take the necessary
action to give effect thereto.
The York Community Council reports, for the information of Council, having held a statutory public
meeting on April 1, 1998, in accordance with Section 34 of The Planning Act, and that appropriate
notice of this meeting was given pursuant to The Planning Act and the regulations thereunder.
The York Community Council submits the following report (February 6, 1998) from the York
Commissioner of Development Services:
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 "A" and "B" on Schedule "A" to the draft Zoning By-law attached as
Appendix "B". 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
"Employment" 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 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 "frontage" 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
York Civic Centre.
Phone: 394-2612 Fax: 394-2782
Appendix B - Draft Zoning By-law
By-law No.
TO AMEND former City of York By-law No. 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 (1998) 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 "A" 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
(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 "A" and "B" on
Schedule "A" shall be permitted." For the purpose of this Subsection, frontage, in
relation to parcels "A" and "B", shall mean the length of the line which abuts a right-of-way that is required to give access to the parcel".
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 , 1998.
The following persons appeared before the York Community Council:
- Ms. Mary Flynn-Guglietti, Solicitor, Goodman and Carr on behalf of the applicant, and
advised that the property had been cleaned-up, that there was an unanticipated delay in the
application process due to the amalgamation of municipalities, that the Committee of
Adjustment had granted a provisional consent which will expire one year from May 13, 1997
and stressed the urgency in advertising the passing of the by-law immediately after Council's
adoption.
- Mr. Russ Brown, Toronto, and enquired as to the southerly limits of the property.
- Mr. Karl Stankov, West Gilbert Avenue Association, and enquired as to the proposed use of
the lots and access, and commented on the condition of the road, north of Castlefield Avenue
on Caledonia Road.
- Ms. Marjorie Sutton, member of the Committee of Adjustment, and advised that the
Committee had approved the application with a one-year restriction and requested the
Community Council to approve the application.
(Copies of Appendix A and Schedule A, referred to in the foregoing report, were forwarded to all
members of Council with the agenda of the York Community Council meeting of April 1, 1998, and
copies thereof are on file in the Clerk's Department, York Civic Centre.)
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