Draft Zoning By-law - 535 Queen Street East (Don River)

The Toronto Community Council recommends that:

(1)the Draft By-law attached to the report (September 14, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto; and

(2)the report (May 11, 1998) from the Commissioner of Urban Planning and Development Services be adopted.

The Toronto Community Council reports, for the information of Council, that notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on September 16, 1998, and no one addressed the Toronto Community Council.

The Toronto Community Council submits the following report (September 14, 1998) from the City Solicitor:

Purpose:

This report submits a site specific zoning by-law as recommended by the Commissioner of Urban Planning and Development Services in her report dated May 11, 1998, (with certain modifications) to permit the conversion of a former industrial building at 535 Queen Street East to contain a combined maximum of eleven dwelling units and live-work units.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable

Recommendations:

"It is recommended that:

(1)the Toronto Community Council hold a public meeting in respect of the Draft By-law in accordance with the provisions of the Planning Act.

(following the public meeting and in the event Toronto Community Council wishes to approve the Draft By-law)

(2)the Draft By-law attached to the Report (September 14, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto."

Council Reference/Background/History:

Toronto Community Council will have before it the report (dated May 11, 1998) of the Commissioner of Urban Planning and Development Services recommending that Zoning By-law No. 438-86 of the former City of Toronto be amended to permit the conversion of a former industrial building at 535 Queen Street East to contain 11 dwelling units.

Comments and/or Discussion and/or Justification:

The attached Draft By-law would give effect to the recommendation of the Commissioner of Urban Planning and Development Services subject to certain modifications. Further to discussions with the Commissioner's staff the following modifications will be made to the form of by-law recommended by the Commissioner's report:

1.As the owner will still be required to provide the 8 bicycle parking spaces required by section 4(13)(a), the site will not be exempted from that section; instead, it will be exempted from sections 4(13)(c) and (d) which deal with the manner in which the bicycle parking spaces are to be provided;

2.In addition to permitting dwelling units, the by-law will also permit live-work units to a combined maximum of eleven;

3.visitor's parking space will be defined to mean "a parking space reserved at all times for visitors to the building, individually designated by means of a clearly visible sign as being for the exclusive use of visitors to the building and having the way thereto designated by means of clearly visible signs on all driveways or passageways leading thereto from the street".

Conclusions:

Following the public meeting, should Toronto Community Council wish to permit the conversion of the former industrial building at 535 Queen Street East to contain a combined maximum of eleven dwelling units and live-work units, it would be appropriate to recommend that the Draft By-law attached to the report (September 14, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto.

Contact Name:

Stephen Bradley

392-7790

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DRAFT BY-LAW

NO. A BY-LAW

To amend the former City of Toronto Zoning By-law No. 438-86 with respect to the lands known as 535 Queen Street East.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.None of the provisions of Sections 4(13)(c) and (d) and Section 9(1)((a) of Zoning By-law No.438-86 being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, shall apply to prevent the use on the site of the building which existed on the site in 1997, for dwelling units and/or live-work units, together with accessory parking spaces, provided:

(a)the lot on which the building is located comprises at least the site;

(b)no part of the building, above grade, is located otherwise than wholly within the area delineated by the heavy lines on Map 2 attached hereto,

(c)the total combined number of dwelling units and live-work units contained within the building does not exceed eleven,

(d)the residential gross floor area of the building does not exceed 1 800square metres and the building is used only for the purpose of dwelling units and/or live-work units; and

(e)a minimum of 8 parking spaces, including one visitor's parking space, accessory to the dwelling units and live-work units are provided on the site.

2.For the purpose of this by-law:

(a)"site" means those lands delineated by heavy lines on Map 1 attached to and forming part of this by-law;

(b)visitor's parking space means a parking space reserved at all times for visitors to the building, individually designated by means of a clearly visible sign as being for the exclusive use of visitors to the building and having the way thereto designated by means of clearly visible signs on all driveways or passageways leading thereto from the street, and

(c)each other word or expression which is italicized in this by-law shall have the same meaning as each such word or expression as defined in By-law No. 438-86, as amended.

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

MEL LASTMAN,NOVINA WONG,

MayorCity Clerk

(Corporate Seal)

(Note: Maps 1 and 2 will be completed prior to the passage of the By-law)

The Toronto Community Council also submits the following report (May 11, 1998) from the Commissioner of Urban Planning and Development:

Purpose:

This report recommends that a site specific By-law be adopted by City Council to permit the conversion of a former industrial building to 11 dwelling units.

Source of Funds:

Not applicable

Recommendations:

1.That the Zoning By-law, By-law 438-86, as amended, be amended so as to:

(a)exempt the site from Sections 4(13)(a) and 9(1)(a) of Bylaw 438-86, as amended:

(b)permit the alteration and use of a building that existed on the lot in 1997 for no more than 11 dwelling units provided:

i) the residential gross floor area of the building does not exceed 1,800 square metres;

ii)at least 8 parking spaces are provided and maintained on the lot of which one parking space is designated for the exclusive use of visitors to the building; and

iii)storage is provided and maintained on the lot for at least 8 bicycles.

Background:

The building which is the subject of this application, was illegally occupied for residential purposes after a construction permit was granted by the City for interior alterations to the building for light industrial activities. The owner then submitted a condominium application to the City, which was set aside on the advice of the City Solicitor. This rezoning application, if approved, would be the first step to legalize the building for residential use. The owner will then be required to receive the appropriate building permits to ensure that the work already completed meets all applicable laws including the Ontario Building Code and the Ontario Fire Code. Once an appropriate building permit is granted by the City the owner will be able to complete the condominium approval for the legalized building.

Planning Discussion:

The site is located within the Corktown Mixed Industrial-Residential District of the King-Parliament Part II Official Plan area. One of the planning objectives for this part of King-Parliament is to gradually permit the reallocation of small industrial properties from industrial to residential or live/work usage. For this reason the Part II Official Plan permits through rezoning approval, the conversion of light industrial buildings to residential or live/work uses. The proposal does not alter the built form of the existing building and therefore the proposal is in keeping with the existing physical character of the neighbourhood. The proposal is in keeping with the objectives of the Part II Official Plan for Corktown.

The Commissioner of Works and Emergency Services has reviewed the proposal and has recommended that 8 parking spaces be provided for the project.

The Medical Officer of Health has reviewed the proposal in respect to environmental issues and is now satisfied that the building is suited to residential occupancy.

Conclusions:

This project meets the intent of Part II Official Plan policies for the Corktown neighbourhood of King-Parliament. I am recommending that this small proposal be approved.

Contact Name:

Lance Alexander

Planner

East Section

City Planning

phone: (416) 392-7573

Fax:(416)3921330

e-mail:lalexand@city.toronto.on.ca

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Application Data Sheet

Confirmed Municipal Address:535 Queen Street East and 540 King Street East.

Planning Controls (For verification refer to Chief Building Official)

Project Information