Draft Official Plan and Zoning By-law Amendment -

1117 Dundas Street West (Trinity-Niagara)

The Toronto Community Council recommends that:

(1)subject to receipt of a signed Undertaking under Section 41 of the Planning Act, that the Draft By-laws attached to the report (September 15, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto; and

(2)the report (September 15, 1998) from the Commissioner of Urban Planning and Development Services, be amended by deleting the words Aprior to introduction of a Bill in Council@ and replacing them with the words, Aprior to the issuance of a building permit@ in Recommendation No. 5; and

(3) that the report (September 15, 1998) from the Commissioner of Urban Planning and Development, as amended by Recommendation No. (2) and by the supplementary report (October 6, 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 October 14, 1998, and the following addressed the Toronto Community Council:

-Mr. Harry Kondratas, representing owner of 1113 Dundas Street West;

-Mr. Armindo C. Silva, Dundas and Ossington Merchants Association; and

-Mr. Pedro Pimentel, Pedro Pimentel Architect.

The Toronto Community Council further reports, for the information of Council, that it has requested the Commissioner of Urban Planning and Development Services to comment directly to Council on the issues raised in the communication (October 13, 1998) from Stanley M. Makuch, Cassels, Brock and Blackwell, Solicitor for the owner of 1113 Dundas Street West.

The Toronto Community Council submits the following report (September 15, 1998) from the City Solicitor:

Purpose:

This report provides the necessary Official Plan and Zoning By-law amendments to permit the mixed-use project proposed for 1117 Dundas Street West. The project contains a total of 36 dwelling units in a four storey building with ground floor retail.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-laws has no financial implications for the City. It requires no funding.

Recommendations:

It is recommended that:

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

Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-laws, it could recommend:

(2)subject to receipt of a signed Undertaking under Section 41 of the Planning Act, that the Draft By-laws attached to the report (September 15, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto.

Council Reference/Background/History:

Toronto Community Council will have before it the final report of the Commissioner of Urban Planning and Development Services (September28,1998) at its meeting to be held on October14and15,1998 concerning the above noted subject. This report recommends, inter alia, that Draft By-laws be prepared by the City Solicitor to authorize the proposed mixed-use project at 1117 Dundas Street West. The owner of the site is required to enter into an Undertaking under Section 41 of the Planning Act prior to the by-laws being passed by Council.

Comments and/or Discussion and/or Justification:

This report contains the necessary Draft By-laws, which, if enacted, will give effect to the planning report.

Contact Name:

Robert Balfour, Solicitor

Telephone:392-7225

Fax:392-0024

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

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DRAFT BY-LAW (1)

Authority:Toronto Community Council Report No. ( )

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To adopt an amendment to the Official Plan for the former City of Toronto

respecting lands known as No. 1117 Dundas Street West.

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

1.The text and map annexed hereto as Schedule"A" are hereby adopted as an amendment to the Official Plan for the City of Toronto.

2.This is Official Plan Amendment No. 129.

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SCHEDULE "A"

1.Section 18 of the Official Plan for the City of Toronto is amended by adding a new Section 18.479 as follows:

"18.479Lands known as No. 1117 Dundas Street West

Despite any of the provisions of this Plan, Council may pass By-laws applicable to the lands shown on Map18.479 to permit the erection and use of a mixed-use building containing not more than 36dwelling units having a maximum residential gross floor area of 2966square metres, a maximum non-residential gross floor area of 673 square metres and a maximum total gross floor area of 3639square metres.

For the purposes of this amendment, the terms "dwelling unit", "mixed-use building", "non-residential gross floor area" and "residential gross floor area", shall have the same meaning as those terms have for the purposes of 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.@

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DRAFT BY-LAW (2)

Authority:Toronto Community Council Report No. ( )

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend the General Zoning By-law No.438-86

with respect to lands known as No. 1117 Dundas Street West.

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

1.None of the provisions of Sections4(2)(a), 4(5)(i)(ii), 4(6)(b), 6(1)(a), 6(3)PARTI1, 6(3)PARTII 2(ii),6(3) PART II 3G., 6(3)PARTII4, 6(3)PARTII5, 6(3)PARTIII1(b) of By-law No.438-86, being AA 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 erection and use on the lot of a mixed-use building containing not more than 36dwelling units, provided:

(1)the lot consists of at least the lands shown outlined by the heavy lines on the attached Map1;

(2)the residential gross floor area of the mixed-use building does not exceed 2966square metres;

(3)the non-residential gross floor area of the mixed-use building does not exceed 673 square metres;

(4)the combined residential gross floor area and non-residential gross floor area of the mixed-use building does not exceed 3639square metres;

(5)no portion of the mixed-use building above grade is located otherwise than wholly within the area delineated by heavy lines as shown on the attached Map2;

(6)the height of the mixed-use building does not exceed 13.0metres;

(7)not less than 19 dwelling units having two or more bedrooms are provided within the mixed-use building;

(8)not less than 49 parking spaces are provided and maintained by the owner on the lot of which not less than 29 parking spaces are reserved for the exclusive use of residents of the lot and of which not less than 10 parking spaces are reserved for visitors to all uses on the lot; and

(9)ingress and egress to and from the required parking facilities shall be provided by an unobstructed driveway having a minimum width of 4.0 metres for two-way operation.

2.For the purposes of this By-law, each word or expression which is italicized herein shall have the same meaning as such word or expression as defined in the aforesaid By-law No.438-86.

The Toronto Community Council also submits the following report (September 28, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

This report recommends approval of a revised application to construct a four-storey, mixed-use building at 1117 Dundas Street West near Ossington Avenue.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that:

1.The Zoning By-law 438-86 be amended pursuant to Section 42 of the Planning Act, so as to:

(a)exempt the site from sections 4(2) height, 4(5)(i)(ii) driveway width, 4(6)(b) loading spaces, 6(1)(a) use, 6(3) PART I 1 gross floor area, 6(3) PART II 2(ii) front lot line, 6(3) PART II 3 G side lot line, 6(3) PART II 4 rear yard setback, 6(3) PART II 5(i) depth and 6(3) PART III 1(b) landscaped open space of By-law No. 438-86, as amended.

(b)permit the construction of a mixed-use building, provided that:

(i)the residential gross floor area does not exceed 2966 square metres;

(ii)a minimum of 19 two or three bedroom units are included in the building;

(iii)the non-residential gross floor area does not exceed 673 square metres;

(iv)the combined residential and non-residential gross floor area for the site does not exceed 3639 square metres;

(v)the building height does not exceed 13.0 metres;

(vi)a driveway width of minimum 4.0 metres is provided to serve the site;

(vii)not less than 49 parking spaces are provided, including at least 29 parking spaces for the exclusive use of the residents and at least 10 spaces for the shared use of the residential visitors and the non-residential component of the site;

(viii)one Type G loading space is provided on the site;

(ix)no portion of the mixed-use building above grade is located outside of the area delineated by heavy lines as shown on the map attached to the By-law.

2.The owner submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of Bills in Council, a Noise Impact Statement in accordance with City Council=s requirements.

3.The owner submit to the Commissioner of Works and Emergency Services:

(a)A Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands required for the widening of the lanes and the remainder of the site;

(b)Final approval drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed building to enable preparation of the building envelope plans;

and such plans should be submitted at least 3 week prior to the introduction of Bills in Council.

4.The owner convey to the City, at nominal cost, prior to the issuance of a building permit:

(i)a 0.98 m wide strip of land to the full extent of the site abutting the east limit of the north-south lane;

(ii)a 0.22 m wide strip of land to the full extent of the site abutting the north limit of the east-west lane; and

(iii)a 1.5 m by 1.5 m triangular splay at the north-east corner of the intersection of the north-south and east-west public lanes, measured in accordance with the limits of the public lanes as widened;

such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a right-of-way for access purposes in favour of the Grantor until such time as said lands have been laid out and dedicated for public highway purpose;

5.The owner enter into an Undertaking under Section 41 of the Planning Act prior to the introduction of the Bills in Council.

6.The owner be advised of the requirement to:

(a)comply with all relevant provisions of the Ontario Building Code prior to issuance of the building permit;

(b)obtain building location and streetscape permits from City Works and Emergency Services prior to the construction of the project;

(c)convey land for parks purposes, or payments in lieu thereof pursuant to Section 42 of the Planning Act.

1.Site:

The 1494.3 sq.m. site is located on the south side of Dundas Street West just east of Ossington Avenue. Formerly a retail store, it is now used as a parking lot. Public lanes abut the west and south sides of the site.

Commercial uses exist west and north of this site along Dundas. There is a mixture of residential and commercial uses east of the site, on the south side of Dundas. South of the site, across the lane, are residential properties.

2.Current Planning Controls:

While the Dundas/Ossington intersection is recognized as a mixed commercial/residential AMain Streets@ area in the Official Plan and Zoning By-law, these designations do not extend to the application site, which is zoned R4 Z1.0 and designated Low Density Residence Area in the Official Plan. Notwithstanding the presence of a retail store at the time, the latest City-wide planning review left the residential zoning so that redevelopment would be subject to public review, especially for its impact on nearby residential areas.

3.Project Revisions:

The January, 1998 Preliminary Report on this application listed a number of specific issues that needed to be resolved in the processing of the application. The report discusses these issues, plus others raised at public meetings held on April 22, 1998 and July 29, 1998. The minutes of these meetings are attached as Appendix B and C to this report. The revised proposal submitted in July of this year still consists of a four-storey mixed-use building with underground and surface parking at the rear of the site, but it has been revised as described below.

-The number of units has been reduced from 40 to 36, including 19 two-bedroom units suitable for families, 53 percent of the total.

-The retail component has been reduced from 1045 sq. m. to 672 sq. m.

-The garbage area has been redesigned to improve truck access around the corner of the lanes.

-The surface parking has been internalized.

-The larger family units are located on the lower residential floors, oriented around a central courtyard, and an indoor amenity area has been added.

-The density and height of the revised project are 2.43 times the area of the site and 13 m, respectively.

4.Planning Issues:

4.1Height and Built Form

The site is a logical extension of the AMain Streets@ mixed use zoning that exists to the west. Main Streets zoning encourages mid-rise buildings with apartments above stores on the City=s main arterial roads and transit routes, like Dundas Street West. The four storey height of the proposal, with its grade related retail use and 3 storeys of apartments above, meets the objectives for this kind of development. An increase in permitted height from 10 m to 13 m can be justified for these reasons. The four storey building has been built to incorporate the fourth storey into the roof and is compatible with building heights in the area.

4.2Density

While the 2.43 times density proposal exceeds the current limits in the Zoning By-law and Official Plan of 1.0 times, it falls within the maximum permitted in the AMain Streets@ district to the west of 2.5 times. The 1.98 times density of this residential component also falls under the 2.0 times permitted for residential uses in the adjacent AMain Streets@ district. The density is appropriate for a Main Street like Dundas Street West.

4.3Housing

The project provides an appropriate location for housing on Dundas where shopping, community facilities and transportation are all in good supply. The mix of family and smaller units will offer a variety of housing, and the increase in the proportion of large, family units in the revised proposal addresses concerns expressed at the public meeting.

4.4Parking, Traffic and Vehicular Access

The project provides sufficient parking to serve the needs of the retail and residential uses. The servicing arrangements for garbage pick-up and loading have been revised to the satisfaction of the Commissioner of Works and Emergency Services. Parking areas which were seen to be safety problems in the first scheme have been revised. Bicycle parking will be provided in accordance with existing by-law requirements.

4.5Existing Parking

The parking currently on the site was established on a temporary basis pending approval of the redevelopment. The increased levels of noise and other problems the residents to the south have experienced from the parking operations will be eliminated when the building is constructed.

4.6Setbacks

The proposed setbacks for this project are consistent with and appropriate for a mixed use, Main Street building.

5.Other Issues:

Other matters raised in the Preliminary Report such as landscaping, streetscape and design have been resolved and will be secured in the Statement of Approval for this application.

Contact Name:

Susanne Pringle

Telephone: 416-392-0413

Fax: 416-392-1330

E-Mail: springle@city.toronto.on.ca

CCCC

Application Data Sheet

Confirmed Municipal Address:1117 Dundas Street West

Planning Controls (For verification refer to Chief Building Official)

Project Information

Appendix A - Comments of Civic Officials

1.Medical Officer of Health (February 6, 1998)

Further to my request of September 8, 1997, the applicant has provided a report titled APhase 1 Environmental Site Assessment and Preliminary Subsurface Sampling 1121 Dundas Street West Toronto Ontario@, (June 20, 1996). Environmental Health Staff have previously reviewed this document for demolition permit application No.406513. I am enclosing a copy of our comments for your information.

I would note that the consultant=s Phase 1 report identifies potential areas of concern for impacted soils that may be present on site.

(September 8, 1997)

Thank you for your request of July 15, 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 demolish an existing building and demolish an existing building and develop a four storey mixed use building with parking for 51 vehicles. A review of the files available to us indicates that we have no information on this property.

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 Historical Review, Site and Building Audit, 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 immediately conduct a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects to the subject site. This report should be submitted for review by the Medical Officer of Health, prior to the introduction of a Bill in Council.

2.That the owner shall conduct a site audit for the identification of all hazardous materials on site. The removal of these materials should be conducted in accordance with Ministry of Labour and Ministry of the Environment and Energy Guidelines. A report on the site audit should be submitted to the Medical Officer of Health for review, prior to the introduction of a Bill in Council.

3.That the owner shall conduct a soil and groundwater testing programme 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.

4.That the owner shall implement, under the supervision of a 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.

5.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.

6.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.

2.Metro Planning (December 18, 1997)

We have reviewed the above revised application for a mixed use development consisting of 1,045 m2 ground floor retail with 40 residential units according to Metropolitan planning policies and the provision of Metropolitan services and advise that our previous comments of November 3, 1997 regarding the possible encroachment have been appropriately addressed by recessing the doorways.

The applicant is required to obtain building location and streetscape permits from the Metro Transportation Department prior to the construction of this project. Other permits associated with the construction activities (such as hoarding, piling/shoring, etc.) may also be required. The applicant is responsible for obtaining the applicable permits and should be advised to contact the Road Allowance Control Section (RACS) at 392-4960 regarding the site-specific permit/license requirements.

3.Toronto Catholic School Board (April 24, 1998)

Further to your request for comments, please be advised that students emanating from the above-noted proposed development could be accommodated in permanent facilities at St. Veronica Catholic School (JK-8) and Bishop Marrocco Catholic Secondary School.

Should you require additional information regarding this matter, please contact Joe Ruscitti at 222-8282, extension 2281.

4.Urban Planning and Development Services (August 24, 1998)

Our comments concerning this proposal are as follows:

Description:Build 4 Storey Mixed-use Building containing Retail Store and 36 Dwelling Units with underground parking

Zoning Designation:R4 Z1.0Map:49H - 312

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

Plans prepared by:PEDRO PIMENTEL ARCHITECTPlans dated: June 16, 1998

Residential GFA:2965.30 m²

Non-Residential GFA:672.1 m²

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 parking facility to be accessible by a driveway having a minimum width of 5.5 metres, where of two-way operation. The width of the proposed driveway is 4.0 metres. (Section 4(5)(i)(ii))

2.The by-law requires one loading space - type B (3.5 metres by 11 metres with a vertical clearance of at least 4 metres). no loading space - type B is proposed. (Section 4(6)(b))

3.The by-law requires at least 22 bicycle parking spaces for the occupants of the building and 5 bicycle parking spaces for the visitors of the building. No bicycle parking spaces are proposed. (Section 4(13)(a) and (c))

4.The proposed Mixed-use Building is not permitted in a district zoned R4Z1.0. (Section 6(1)(a))

5.The by-law limits the residential gross floor area in an area zoned R4Z1.0 to 1.0 times the area of the lot: 1494.30 square metres. The proposed total residential and non- residential gross floor area of the building is 2.43 times the area of the lot: 3637.40 square metres. (Section 6(3) PART I 1)

6.The by-law requires that a building on an inside lot have a minimum front lot line set back equal to the average of the shortest distances by which the front walls of the adjacent buildings are set back from their front lot lines: 2.5 metres. The proposed front lot line set back is 0.15 metres. (Section 6(3) PART II 2(ii))

7.The by-law requires the building to have a minimum side lot line set back of 7.5 metres. The proposed east and west side lot line set back is 0.10 metres. (Section 6(3) PART II G)

8.The by-law requires a building or structure to have a minimum rear yard set back of 7.5 metres. The proposed rear yard set back is 0.37 metres. (Section 6(3) PART II 4)

9.The by-law limits a building in a 1.0 zone to a maximum depth of 14.0 metres. The proposed depth is 43.31 metres. (Section 6(3) PART II 5(i))

10.The by-law requires an apartment building to provide a minimum landscaped open space of 50% of the area of the lot: 747.25 square metres. The proposed landscaped open space is 0.0%: 0.0 square metres. (Section 6(3) PART III 1(b))

11.The by-law requires the building to have a height above grade of 10.0 metres. The proposed building has a height of 12.70 metres. (Section 4 (2))

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 City Council=s approval pursuant to the provisions of the Rental Housing Protection Act, 1989.

4.The proposal DOES NOT require the approval of Heritage Toronto under the Ontario Heritage Act.

5.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.

5.Works and Emergency Services (August 28, 1998)

Recommendations:

1.That the owner be required to:

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

(b)Provide and maintain a minimum of 49 parking spaces on the site to serve the project, including at least 29 parking spaces for the exclusive use of the residents and at least 10 parking spaces for the shared use of the residential visitors and non-residential component of the project;

(c)Provide and maintain a physical separation between the residents= and the residential visitors/commercial portions of the parking area to secure the availability of the residents= parking;

(d)Construct the access to the underground garage with a slope not exceeding 5% within 6 m of the public lane, as widened, and not exceeding 15% along the remaining portions;

(e)Provide and maintain a driveway width of 4.0 m to serve the 4 parking spaces at the south-west corner of the underground parking garage;

(f)Provide and maintain convex mirrors at the top of the access ramp and the driveway leading to the surface parking spaces at both ends in order to improve visibility for drivers;

(g)Provide and maintain minimum setbacks of 2 m in the building walls adjacent to the access ramp and the driveway leading to the surface parking beginning at the lane limit, as widened, with a vertical clearance of 3 m measured from grade level;

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

(i)Provide and maintain a 10 m² recycling room accessible to all residents of the project as well as to the retail component of the project;

(j)Provide and maintain access to the residential garbage and recycling rooms for the non-residential component of the project;

(k)Install and maintain double or overhead doors of sufficient size to accommodate the transport of container bins between each garbage and recyclable storage room and the Type G loading space;

(l)Provide and maintain 1 Type G loading space on the site, with a generally level surface;

(m) 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 2 bulk-lift containers on collection day;

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

(o)Construct all driveways and passageways providing access to the 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;

(p)Construct the Type G loading space and all driveways and passageways providing access thereto to the requirements of the Ontario Building Code, including allowance for City of Toronto bulk-lift and rear bin vehicle loading with impact factors where they are to be built as supported structures;

(q)Convey to the City, at nominal cost, prior to the issuance of a building permit:

(i)a 0.98 m wide strip of land to the full extent of the site abutting the east limit of the north-south lane;

(ii)a 0.22 m wide strip of land to the full extent of the site abutting the north limit of the east-west lane; and

(iii)a 1.5 m by 1.5 m triangular splay at the north-east corner of the intersection of the north-south and east-west public lanes, measured in accordance with the limits of the public lanes as widened;

such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a right-of-way for access purposes in favour of the Grantor until such time as said lands have been laid out and dedicated for public highway purposes;

(r)Submit to the Commissioner of Works and Emergency Services:

(i)A Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands required for the widening of the lanes and the remainder of the site;

(ii)Final approval drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed building to enable the preparation of the building envelope plans;

and such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;

(s)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of a bill in Council, a Noise Impact Statement in accordance with City Council=s requirements;

(t) Have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that the development has been deigned and constructed in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services;

(u)Provide, maintain and operate the noise impact measures, facilities and strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services;

(v) Submit, prior to the issuance of a building permit, a grading and drainage plan for the review and approval of the Commissioner of Works and Emergency Services;

2.That the owner be advised:

(a)That the storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm runoff;

(b)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;

(c)Of the City=s requirement for payment of a service charge associated with the provision of City containerized garbage collection;

(d)Of the need to obtain building location and streetscape permits from this Department prior to construction of this project; and

3.That the lands conveyed to the City under Recommendation No. 1(q) above, be laid out and thereafter dedicated by the City, for public highway purposes.

Comments:

Location

South side of Dundas Street West, east of Ossington Avenue.

Proposal

Construction of a 4-storey mixed-use building containing 672 square metres of retail space and 36 condominium dwelling units.

The proposal was dealt with in a Departmental report dated September 24, 1997. The above consolidated recommendations supersede the recommendations contained in the previous report, including the recommendation requiring the submission of revised plans.

Parking and Access

The provision of 49 parking spaces, consisting of 41 spaces within a one-level underground garage and 8 surface spaces, satisfies, as far as can be ascertained, the Zoning By-law requirements for 25 spaces, based on the parcel of land being rezoned to MCR, including 23 spaces for residents and 2 spaces for the residential visitors and the estimated demand for 39 spaces consisting of 29 residential spaces and 10 spaces for the shared-use of the residential visitors and the non-residential component of the project. The proposed parking supply, general layout and dimensions of the parking spaces are acceptable. It is noted that parking spaces numbered 38 to 41 are served by a 4.0 m wide driveway, which will require vehicles to back-up a short distance in order to turn around and exit the underground garage in a forward motion. Given the small number of vehicles required to make this manoeuvre, the fact that the distance is fairly short and that there is ample room to turn around within the underground parking garage adjacent to parking spaces numbered 35, 36 and 37, this configuration is acceptable. A physical separation between the residential parking spaces and the spaces for the shared use of the residential visitors/retail component has been provided which will ensure the residents= spaces are available for their use at all times, and is satisfactory.

Access to the underground garage is proposed via a ramp from the north-south public lane. The slope of the ramp, which does not exceed 5% within 6 m of its intersection with the public lane, as widened, and 15% along the remaining portions, is acceptable. With respect to vehicles exiting the site from the parking garage and the surface parking area, the provision of setbacks at both sides of the proposed access ramp and surface driveway, as well as, convex mirrors have been proposed to improve the visibility for drivers at the top of the ramp and surfaced driveway at its intersection with the public lane, as widened.

Loading

The provision of 1 Type G loading space satisfies the estimated loading demand generated by this project for 1 Type G loading space whereas, as far as can be ascertained, it is less than the Zoning By-law requirement for 1 Type G and 1 Type B loading spaces. The provision of a Type G loading space for the shared use of the residential and retail components is satisfactory.

Refuse Collection

The City will provide the residential and retail component of this project with the bulk lift method of garbage collection in accordance with the provisions of the Municipal Code, Chapter 309, Solid Waste, provided that all recyclable materials generated by this project are set out for collection on the days and the times scheduled by the City for collection of recyclables. This will require the provision of the storage and handling facilities identified in Recommendation Nos. 1(h) to 1(p), above. The plans indicate the sizes of the garbage and recycling rooms, which are acceptable.

The Type G loading space and storage pad are located at the south-west corner of the site adjacent to the public lanes. The loading space is designed such that garbage trucks would access the loading space by driving south on the north-south public lane then turn onto the east-west public lane at the rear of the site and then manoeuvre onto the proposed Type G loading space. Although this is not ideal given the fact that the garbage truck will be required to make several manoeuvres, the Type G loading space configuration is acceptable.

It is the policy of City Council to levy a service charge on all new developments, payment of which is a condition for receiving City containerized garbage and recycling collection. The levy is currently $34.50 per month, including taxes, multiplied by the number of garbage containers on site. The levy includes the provision and maintenance of City garbage and recycling containers. Should the owner choose to provide private garbage containers, the levy will still be charged and the containers must meeting City specifications and be maintained privately at the expense of the building owner. Further information regarding the above can be obtained by contacting the Operation and Sanitation Division at 392-1517.

Lane Widening

The west limit of the site abuts a substandard lane of varying width and the south limit of the site abuts a 4.57 m wide lane, which in accordance with City Council standards, should be widened ultimately to a minimum of 6 m. In order to provide for the widenings, lands should be conveyed to the City in accordance with Recommendation No. 1(q), above. The proposed lane widenings shown on the plans are acceptable, including, the triangular splay at the intersection of the two public lanes, as widened.

Municipal Services and Storm Water Management

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

It is the policy of City Council to require the infiltration of storm water runoff into the ground for all new buildings, whenever possible. Therefore, storm connections to the City sewer system will only be permitted if it can be demonstrated that infiltrating storm water into the ground is not feasible. Further information regarding storm drainage can be obtained by contacting the Engineering Section (telephone no. 392-6787).

The applicant should submit a plan showing proposed grades and details of the proposed drainage facilities for review and approval.

Permits

The applicant is required to obtain building location and streetscape permits from this Department prior to construction of this project. Other permits associated with construction activities (such as hoarding, piling/shoring, etc.) may also be required. The applicant is responsible for obtaining the applicable permits and should be revised to contact the Road Allowance Control Section (RACS) at 392-2984 regarding the site-specific permit/licence requirements.

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Appendix B

Application to Amend the Official Plan and Zoning By-law

For 1117 Dundas Street West

Minutes of meeting

April 22, 1998

7:00 P.M.

St. Christopher House Community Hall

248 Ossington Avenue

Attendance:

30 area residents

Councillor Mario Silva

Councillor Joe Pantalone

Susanne Pringle, City of Toronto, Area Planner

Denise Gendron, City of Toronto, Urban Designer

Opening Comments:

Susanne Pringle made the opening comments, and explained the purpose of the public meeting.

She also explained the process that the application was going through and further opportunities for public comments on the project.

The architect for the project proceeded to describe the proposal in detail, with questions and comments following the presentation.

Comment:

General concern that the public meeting notice was not received by all the community.

Answer:

There were 4,000 notices sent out to notify tenants and owners within 300 metres of the site and to the Ward Councillors.

Comment:

Request of the architect to present a streetscape picture of that portion of Dundas Street West, to show how the proposed building fits in and demonstrate the real impact on the street.

Comment:

Concern about the impact of a 4-storey building when a 2-storey building presently exists next door to the proposal.

Comment:

As a resident of the area, would like to see a AMain Street@ building on this portion of Dundas Street West.

Comment:

A resident to the south of the project is concerned about the impact of this building on his property on Halton Street, in terms of traffic, usage of lanes etc.

Comment:

Are the lanes going to be widened?

Answer:

The lanes will be widened to City standards which is 6 metres wide.

Comment:

How is the access to the building being dealt with?

Answer:

The building design allows for loading and truck access off the lane and access to the parking garage is also off the lane.

Comment:

This type of building is not appropriate for this area. The intersection at Ossington Avenue and Dundas Street West is already too busy and chaotic to be able to handle another building with 40 residential units. The type of building, mixed commercial- residential, is also not appropriate for this area.

Comment:

The area has problems with regard to parking, the nature of some uses on Ossington Avenue (the Portuguese smoke house), traffic congestion etc. The parking lot as a temporary measure is a good idea, however the community does not want the site to remain a parking facility forever. What would be more appropriate would be a smaller project, with less units, which in turn would be a better fit into the existing neighbourhood.

Comment:

Creating a housing project on the site is a good idea, but it has to be quality housing, housing that will provide people with homes for a longer period than a few months. Would like to see more family-type units in the project facing into the proposed courtyard.

Comment:

Density and height is also a problem. Would like the project reduced in height and density and in the number of units. Concern with the project as it is.

Comment:

What would the community like to see on the site? The general feeling of the group was that they would like to see a housing project on the site with reduced commercial units at grade and all parking enclosed in the building. They would also like the density reduced and the mix of units changed to provide for more family-type units.

Meeting was adjourned at 9:30 p.m.

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Appendix C

Application to Amend the Official Plan and Zoning By-law

For 1117 Dundas Street West

Minutes of meeting

June 29, 1998

7:00 P.M.

St. Christopher House Community Hall

248 Ossington Avenue

Attendance:

25 area residents

Councillor Mario Silva

Councillor Joe Pantalone

Susanne Pringle, City of Toronto, Area Planner

Opening Comments:

Susanne Pringle made the opening comments and explained the purpose of the public meeting. She explained that a public meeting had been held on April 22, 1998 and this was the second public meeting on a revised project. She explained the process that the application was going through and further opportunities for public comments on the project.

Comment:

Councillor Joe Pantalone explained that the purpose of the second meeting was to present a revised residential project with changes to the size of the commercial space, changes to the unit mix by providing more family type units, and changes to location of the above grade parking. He also stated that this project would provide rental units for the neighbourhood.

Comment:

Concern that the revised proposal is still the same as the one presented at the last meeting. The size of the project, the number of units and the 4 storey height is still a concern. It is designed cheaply, has no elevator is not going to create good quality space and quality housing for the neighbourhood.

Answer:

The architect for the project stated that the owners have tried to reduce and change the proposal to fit with buildings on Dundas Street West, changed the unit size, reduced the commercial space, moved the family oriented units to the second floor, and internalized all the parking inside the building to address safety concerns of the neighbourhood. An elevator is not required for a four storey building. The density of the project has also been reduced from 2.7 to 2.4 times the lot area.

Comment:

Where and how will the loading space operate?

Answer:

All loading will be off the lane and Works and Emergency Services does not have concerns with the loading area. The design of the loading facilities is satisfactory to Works and Emergency Services.

Comment:

Minutes of the last meeting did not reflect the feelings of the people who attended. The revised building is still too big, density is too high, and it will have great impacts on traffic congestion on Dundas Street West and Ossington Avenue.

Question:

What is the present zoning, official plan designation and height limit?

Answer:

The present zoning for the site is R4Z1, the Official Plan designation is Low Density Residence Area and the height limit is 10 metres.

Comment:

A 3 storey building would be acceptable on this site. A 4 storey building it too much for the area. We have to ask everyone if they want this type of building, with this density. The design, the change of location of the family units and the idea of the courtyard are acceptable and an improvement from the last proposal to the neighbourhood.

Comment:

The old building acted as a buffer from the noise of Dundas Street West. Presently a temporary parking lot exists on the site. The residential area to the south, as a result of a parking lot, is experiencing more noise, rowdiness, and it opens up the backyards for vandalism etc. The revised project has met most to the issues that were raised at the last meeting and therefore there is support for the project.

Comment:

The new building will add value to the City, Dundas Street West is an important street, and more investment on this portion of Dundas Street will benefit the existing businesses and the local community. New investment will attract other investors, it will attract people, businesses and tourists. It is about time someone took the initiative to improve this portion of the City.

Comment:

The building next door will inherit a big wall on the east side of the new building. Concerned about losing the enjoyment of the backyard and challenges during the construction period.

Comment:

Concern raised regarding the traffic impacts of the project on the laneway system in the area and at the intersection of Dundas Street West and Ossington Avenue. Parking is already a serious problem in the area. Also questions if indeed this project is going to be good quality housing. Why is the owner not willing to put in an elevator. The proposed courtyard is not wide enough to provide quality open space for those units. Therefore, feels that the project does not achieve quality housing, and once this happens property values go down and building continues to deteriorate.

Answer:

Councillor Silva stated that the revised project is a good housing project, and that he is satisfied that the concerns have been addressed. The Councillors and staff have worked hard to negotiate with the owners and have come up with a reasonable building, which will provide much needed rental, family housing in the City of Toronto.

Comment:

At the back of the previous building there were problems with illegal activities such as prostitution, drugs and a general hang-out for people. How are the owners going to stop this from occurring once the building is built?

Answer:

All the parking is now enclosed, which will limit any Ahang-out@ space and there will be low level lighting attached to the building.

Comment:

The building as proposed will be appropriate to the area.

Meeting was adjourned at 9:30 p.m.

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1117 Dundas Street West

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1117 Dundas Street West

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The Toronto Community Council also submits the following report (October 6, 1998) from the Commissioner of Urban Planning and Development Services:

Subject: Supplementary Report to Final Report on Official Plan Amendment and Rezoning Application No. 197018 to permit a four-storey mixed-use building containing ground floor retail space and 36 residential units at 1117 Dundas Street West (Ward 20 - Trinity - Niagara)

Purpose:

This report recommends that Recommendation No. 1 of the report dated September 28, 1998 be amended by adding the following and the numbering in the report be changed accordingly:

1.Section 18 of the Official Plan for the City of Toronto is amended by adding a new Section 18.479 as follows:

A18.479Lands known as No. 1117 Dundas Street West

Despite any of the provisions of this Plan, Council may pass By-laws applicable to the lands shown on Map 18.479 to permit the erection and use of a mixed-use building containing not more than 36 dwelling units having a maximum non-residential gross floor area of 2966 square metres, a maximum non-residential gross floor area of 673 square metres and a maximum total gross floor area of 3639 square metres.@

Contact Name:

Susanne Pringle

Telephone: (416) 392-0413

Fax: (416) 392-1330

E-Mail: springle@city.toronto.on.ca

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, and a copy thereof has been submitted to Council under separate cover:

-(October 7, 1998) from Edward and Erika Kondratas;

-Forwarding Petition with 41 signatures in Opposition (October 12, 1998) from Mr. Ted Pejlak; and

-(October 13, 1998) from Mr. Stanley M. Makuch, Cassels Brock and Blackwell.