Draft Zoning By-law -

1 Silver Avenue (formerly - 3 Silver Avenue)

(High Park)

The Toronto Community Council recommends that:

(1)the Draft By-law attached to the report (September 28, 1998) of the City Solicitor be amended to show the building height limits set out in the Final Report (August 26, 1998) from the Commissioner of Urban Planning and Development Services, and that the Draft By-law, as so amended, be approved and that authority be granted to introduce the necessary bill in Council to give effect thereto;

(2)there be no further notice of public meeting; and

(3)the report (August26,1998) of 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 Mr. William Halkiw, applicant, addressed the Toronto Community Council.

The Toronto Community Council submits the following report (September 28, 1998) from the City Solicitor:

Purpose:

This report provides the necessary Draft By-law to implement a Zoning By-law amendment to permit the erection of a detached house within an industrially zoned district.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-law 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-law 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-law, it could recommend that:

(2)the Draft By-law attached to the report (September 28, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary bill in Council to give effect thereto;

(3)the recommendations of the report (August26,1998) of the Commissioner of Urban Planning and Development Services be adopted.

Council Reference/Background/History:

Toronto Community Council will have before it the final report of the Commissioner of Urban Planning and Development Services (August26,1998) at its meeting to be held on October14and15,1998 concerning the above noted subject. This report recommends, inter alia, that a Draft By-law be prepared by the City Solicitor to amend the General Zoning By-law of the former City of Toronto to permit the erection of a detached house within an industrially zoned district.

Comments and/or Discussion and/or Justification:

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

Contact Name:

William Hawryliw, Solicitor

Telephone:392-7237

Fax:392-0024

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

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DRAFT BY-LAW

Authority:Toronto Community Council Report No. ( )

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend Zoning By-law No. 438-86 of the former City of Toronto

respecting lands known as No. 1 Silver Avenue.

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

1.None of the provisions of Section 9(1)(a) 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 of a detached house on the lot provided:

(1)the lot consists of at least the lands shown within the heavy lines on Plan1 attached;

(2)the detached house, above grade, is located within the heavy lines shown on Plan2 attached;

(3)the residential gross floor area of the detached house does not exceed 297 square metres;

(4)vehicular parking is provided and maintained in a basement garage within the building and consists of not less than 1 and not more than 5 parking spaces; and

(5)the slope of the vehicular ramp does not exceed 7.5 percent within 6.0 metres of the public lane, as widened, and 15 percent along the remaining portions.

2.For the purpose 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, as amended.

The Toronto Community Council also submits the following report (August 26, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

This report recommends approval of a large, two-storey house at 1 Silver Avenue, subject to conditions to ensure that the built form is compatible with the rest of this residential street near Dundas and Bloor Streets. It addresses issues raised in my Preliminary Report, including the height and siting of the project and the maintenance of existing trees.

Source of Funds:

Not applicable.

Recommendations:

1.That the Zoning By-law, By-law No. 438-86, as amended, be amended so as to:

(a)exempt the site from Section 9(1)(a)(permitted use);

(b)permit the erection and use of a building containing not more than one dwelling unit, with a maximum of 297 square metres of residential gross floor area, provided that:

(i)no part of the building above grade extends beyond a building envelope generally as shown on the maps attached to this report;

(ii)a minimum of one parking space and a maximum of five parking spaces are provided and maintained on the site in a basement level garage;

(iii)the slope of the ramp does not exceed 7.5 percent within 6m of the public lane, as widened, and 15 percent along the remaining portions.

2.That, prior to the introduction of Bills in Council, the owner be required to:

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

(b)convey to the City, at nominal cost, a 1.5m wide strip of land to the full extent of the site abutting the north limit of the public lane, 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 the said lands have been laid out and dedicated for public highway purposes;

(c)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 to be conveyed to the City, the remainder of the site and appurtenant rights-of-way;

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

and such drawings should be submitted at least three weeks prior to the introduction of Bills in Council;

(d)submit an application for improvements to the public sidewalk/boulevard generally as shown on Plan No. L1 date stamped as received July 30, 1998, on file with the Commissioner of Urban Planning and Development Services, to the Commissioner of Works and Emergency Services and carry out the improvements within a reasonable period of time, or at the request of the Commissioner of Works and Emergency Services make a cash contribution to the City equal to the value of the improvements for the Commissioner to undertake the work as part of a comprehensive program.

3.That, prior to the issuance of a building permit for this project, the owner be requested to submit a grading and drainage plan, for the review and approval by the Commissioner of Works and Emergency Services.

4.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 the 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; and

(b)of the need to protect the two City-owned trees which are situated on the City road allowance adjacent to the development site at all times in accordance with the Specifications for Construction Near Trees contained in the Tree Details Section of the City of Toronto Streetscape Manual.

Background:

1.Site and Surrounding Area

1 Silver Avenue (formerly referred to as 3 Silver Avenue) is located on the west side of Silver Avenue between Golden and Morrow Avenues. It is a vacant site with access to parking from a rear lane. This report recommends that the lane be widened to meet City standards.

The site is on the northern edge of a small industrial area, bounded by Morrow Avenue, Dundas Street West and the rail corridor. 10 Morrow Avenue, a two storey industrial building immediately adjacent to the south side of the site of the house proposed, is also owned by the applicant. He advises that 10 Morrow Avenue is currently used for >artists and photographers= studios. To the north is a traditional residential street of two to two and a half storey detached and semi-detached houses.

2.Proposal

The applicant proposes to develop the site with a large, detached, two-storey house fronting on Silver Avenue, with a large basement garage accessed from the rear lane running between Morrow and Golden Avenues. The applicant is to occupy the house and use the garage for his automobile collection.

3.Official Plan and Zoning Designations

The site is designated in the Official Plan as a Mixed Industrial/Residential Area, which allows residential uses through the rezoning process up to a maximum of two times the area of the lot. Section 9.41 of the Plan sets out the policy for use changes and it requires, among other things, that regard should be had for the retention of industrial jobs and neighbourhood compatibility.

The current I2 D2 zoning permits industrial, but not residential uses. There is a 14 m height limit.

Comments:

1.Planning Considerations

The following matters were considered in the processing of this application:

1.1Protection of Jobs

In this case, because the site is vacant, no jobs are in jeopardy.

1.2Environmental Remediation

The Medical Officer of Health has indicated that no environmental remediation is required. The Medical Officer of Health has approved the dust control measures proposed by the applicant.

1.3Design Matters

The design review of this proposal focussed on its role as a transitional site between larger scale industrial development to the east and smaller houses on the rest of Silver Avenue. Although the density of this building is only 0.68 times lot area, it appears to be much larger because of high ceilings, the need for the main floor to be elevated 1 m above grade to allow for the proposed ramps into the garage, roof top and second floor decks and the 10.4 m overall width of the building.

During the course of discussions with the applicant, the following modifications were made to the design of the building in order to reduce its impact on the adjacent property:

(a)Height

The Zoning By-law permits buildings up to 14 m in height, reflecting the industrial uses permitted on this site. However the development of the site for residential purposes presents the opportunity to provide a transition between higher buildings in the industrial area and the 7.5 m height of existing residential development west of the site. To achieve this objective, the overall height has been reduced by 0.3 metres from the original proposal and the building is stepped to include a lower (8.35 m) portion adjacent to the 7.5 m house immediately to the west.

(b)Depth

The depth of the original design, including the enclosed ramp to the garage, would have created shadows and privacy effects on the property adjacent to the house to the west. Consequently, the length of the enclosed portion of the ramp was reduced by 2.6m to lessen its impact on the backyard of the adjacent house. As well, the rear deck was cut back to reduce the potential for overlook on the adjacent backyard.

(c)Construction Materials

The bulk of the building will be mitigated by the deck railing that provides the necessary safety but is visually open from the street.

(d)Skylight

Design features of the house include a skylight on the front exterior to provide light into the garage below. In the original design, the skylight was approximately 1.5m in height, extending out from the front of the house. At that height, the skylight was out of scale with the porch next door at 5 Silver Avenue. During discussions with the applicant, the height of the skylight was reduced to 0.9 m and substantial landscaping is now proposed to minimize this impact.

1.4Protection of Trees

There are two City owned trees which are situated on the City road allowance adjacent to this site. These trees should be protected in accordance with the Specifications for Construction Near Trees contained in the Tree Details Section of the City of Toronto Streetscape Manual. This report advises the applicant of this requirement.

In addition, the applicant requested that the City consider the removal of two other trees on the site. As required under Section 331-13.B. of Municipal Code Chapter 331, Trees, Article III, a >Notice= of application sign was posted on the property for the minimum fourteen day posting period. No letters were received in response to the notice of application to remove the two trees. The Commissioner of Community Services has indicated that a permit for the removal of these trees will be issued as soon as the amending Zoning By-law has been passed.

2.Implementation

The City=s Site Plan Control by-law exempts single family houses from development review, and it is therefore not possible to secure design improvements worked out with the applicant by referring to drawings included in a Statement of Approval or to secure the lane widening or submission of plans and studies and all the requirements called for by civic officials. Therefore, this report recommends that a more detailed than normal building envelope be included in the by-law to secure the important height and built form improvements described above. The applicant is advised of certain other requirements of the civic officials. As well, the introduction of bills should not occur until conditions like the lane widening, normally contained in a Statement of Approval have been fulfilled.

Contact Name:

Helen Coombs

Telephone: 392-7613

Fax: 392-1330

E-Mail Address: coombs@city.toronto.on.ca

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Application Data Sheet

Confirmed Municipal Address:1 Silver Ave.

Planning Controls (For verification refer to Chief Building Official)

Project Information

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Appendix A - Comments of Civic Officials

1.City Works and Emergency Services (April 27, 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 1 parking space on the site;

(c)Construct the ramp slope to the underground garage with a slope not exceeding 7.5% within

6 m of the public lane, as widened, and not exceeding 15% along the remaining portions;

(d)Provide and maintain garbage storage facilities of sufficient size on site, to accommodate the amount of separated recyclable and non-recyclable material generated between collections;

(e)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;

(f)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;

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

(h)Convey to the City, at nominal cost, prior to the issuance of a building permit, a 1.5 m wide strip of land to the full extent of the site abutting the north limit of the public lane, 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 the said lands have been laid out and dedicated for public highway purposes;

(i)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, to be conveyed to the City, the remainder of the site and any appurtenant rights-of-way;

(ii)Final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed house to enable the preparation of building envelope plans and such drawings should be submitted at least 3 weeks prior to the introduction of bills in Council;

(iii)A grading and drainage plan, for the review and approval, prior to the issuance of a building permit for this project, of the Commissioner of Works and Emergency Services;

2.That the owner be advised:

(a)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;

(b)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; and

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

Comments:

Location

South side of Silver Avenue, west of Morrow Avenue.

Proposal

Construction of a two-storey residential single family building. Premises Nos. 6 and 10 Morrow Avenue do not form part of this application.

The proposal was dealt with in a Departmental report dated February 27, 1997. The above recommendations supersede the recommendations contained in the previous report including the recommendation requiring the submission of revised plans, which has been satisfied.

Parking and Access

The applicant proposes to provide parking for 2 cars within a below-grade parking garage, which satisfies the estimated parking demand generated by this project for 1 parking space and the Zoning By-law requirement for a like number.

Access to the parking spaces is provided via a 3.96 m wide ramp directly off of the public lane at the rear of the site. The access location is acceptable. However, the slope of the ramp is shown as being 7.5 % within the first 6 metres of the lane as widened, which exceeds the Zoning By-law maximum of 5%. The remaining portions of the ramp are shown as being 8.3% and 4.5 % over the next 6.7 metres and 4.5 metres, respectively, which is less than the Zoning By-law maximum of 15%. Given the site constraints, the reduction in the number of parking spaces to two spaces and that vehicles could enter and exit the site in a forward motion, the ramp slopes are acceptable.

Lane Widening

The site abuts a substandard commercial/residential-industrial lane, which in accordance with City Council=s standards should be widened ultimately to a minimum of 6 m. In order to provide for the widening, land should be conveyed to the City in accordance with Recommendation 1(h), above.

Refuse Collection

The City will provide this project with regular curbside refuse collection in accordance with the provisions of the Municipal Code, Chapter 309, Solid Waste. This will require the provision of a rodent proof storage area on private property to separately store garbage and recyclable materials generated between collections.

Storm Water Management

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

It is the policy of City Council to require the infiltration of storm water run-off 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) of this Department.

The applicant must submit a grading plan of the site to this Department showing proposed grades and details of the proposed drainage facilities for review and approval.

Work within the Road Allowance

Approval for any work to be carried out within the street allowance must be received from this Department. Accordingly, it will be necessary for the owner to submit a separate application to this Department in respect of the proposed landscaping and paving to be installed within the Silver Avenue road allowance.

2.(December 12, 1997)

I have reviewed the Noise Impact Statement dated December 8, 1997 prepared for the above location and find it satisfactory.

As you are aware, the Noise Impact Statement is one of a number of reports required to process your application. At the time of preparation, final construction designs may not be completed. Therefore, on approval of the zoning change and when construction plans are finalized, I require a letter from you which certifies that the building plans accompanying your building permit application are in conformity with the Noise Impact Statement, with particular reference to the impact of any H.V.A.C. equipment on neighbouring properties.

Please direct any inquiries to Mr. J. Prashad of the Noise Section.

3.Economic Development, Culture & Tourism (August 11, 1998)

This will acknowledge the revised plans pertaining to the above noted development application which were circulated to Forestry Services on July 31, 1998. I have reviewed the circulated plans and advise that:

-There are two (2) City owned trees involved with this project which are situated on the City road allowance adjacent to the development site. These trees must be protected at all times in accordance with the Specifications for Construction Near Trees contained in the Tree Details Section of the City of Toronto Streetscape Manual.

-I received a request from Mr. Myron Boyko of The Design Concern Architect, on behalf of the property owner of the above noted development site, that the City consider the removal of two trees situated on private property.

As required under Section 331-13.B. of Municipal Code Chapter 331, Trees, Article III, a >Notice= of application sign was posted on the property for the minimum 14 day posting period. No letters were received in response to the notice of application to remove the trees in question.

-Under the provisions of Section 331-14.A.(3), the Commissioner of Community Services is authorized to issue a permit for the removal of the subject trees situated on private property once Site Plan Approval (Development Approval) has been obtained. Please advise Mr. Gary Le Blanc of my staff at 392-0494 once Site Plan Approval (Development Approval) has been issued.

-I advise that the Landscape Plan prepared by The Design Concern Architect, date stamped as received by Urban Planning & Development Services on July 30, 1998 and on file with the Commissioner of Urban Planning & Development Services is acceptable provided that the conditions noted above are fulfilled.

4.Medical Officer of Health (May 8, 1998)

Thank you for your request of April 8, 1998, to 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 Division=s letter dated, April 29, 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.

5.(October 24, 1997)

The architect for the proponent submitted a letter, dated October 24, 1997, containing dust control measures to be implemented during excavation. In addition, Environmental Health Services (EHS) had earlier received the report, Environmental Assessment, 3 Silver Avenue, Toronto, Ontario, Number 11BH96-01 prepared by M. Nasiruddin & Associates Ltd. dated January 23, 1996 for the above referenced site. Staff at EHS have reviewed the above and offer the following comments.

Comments:

Historical Review

The land was originally used for residential purposes until it was zoned industrial in 1949. After this, it remained vacant. Records do not reveal any development of the land since 1950. However there were indications this land might have been used as a loading area by the adjoining industrial unit to the east.

Adjacent property to the west has been residential since the early 1900's. Adjacent property to the east was used for industrial and commercial purposes.

Site Audit

The subject property is presently vacant. Assorted miscellaneous construction and residential debris were strewn about the property from dumping. No sign of any damaged vegetation, stained soil or oily sheen on snow melt water was noted. Their was no evidence of underground storage tanks or any evidence of previous industrial activities on site. No hazardous waste was noted on the property.

Soil and Groundwater Management Plan

A Phase II Environmental Investigation was conducted at the site. Three boreholes were advanced into the site to a depth of 20 feet. Soil samples for each borehole were taken every two and a half feet and combined into composite samples. The results of laboratory analysis of the composite soil samples were compared to the current MOEE Guideline for Use at Contaminated Sites in Ontario. None of the levels detected exceeded the Table B criteria for residential/parkland land use. In addition, test results for total petroleum hydrocarbons (TPH) revealed no trace of hydrocarbons.

Groundwater was detected at a depth of around 12 feet.

Excavation Dust Control Plan

The dust control measures to be implemented outlined in the letter dated October 24, 1997 are approved by the Medical Officer of Health.

Based on the available information on hand and the dust control measures submitted today, the proponent has provided the additional information requested in the April 29, 1997 letter to you. In reviewing this information, EHS staff are of the opinion that the site does not appear to be contaminated and dust control plan proposed is satisfactory. Therefore, EHS staff have no objection to the approval for Official Plan Amendment and/or Rezoning for this site. In addition, EHS staff have no objection to the issuance of a building permit regarding this construction proposal provided that the owner implements the measures contained in the Excavation Dust Control Plan approved by the Medical Officer of Health.

By copy of this letter, I will inform the owner and applicant with respect to this matter.

Should there be any questions, please contact me at 392-7685.

6.(February 7, 1996)

Thank you for your recent request to review and comment on the report, Environmental Assessment, 3 Silver Avenue, Toronto, Ontario, Number 11BH96-01 prepared by M. Nasiruddin & Associates Ltd. dated January 23, 1996 for the above referenced site. Staff at Environmental Health Services (EHS) have reviewed this document and offer the following comments.

Comments:

Historical Review

The land was originally used for residential purposes until it was zoned industrial in 1949. After this, it remained vacant. Records do not reveal any development of the land since 1950. However there were indications this land might have been used as a loading area by the adjoining industrial unit to the east.

Adjacent property to the west has been residential since the early 1900s. Adjacent property to the east was used for industrial and commercial purposes.

Site Audit

The subject property is presently vacant. Assorted miscellaneous construction and residential debris was strewn about the property from dumping. No sign of any damaged vegetation, stained soil or oily sheen on snow melt water was noted. There was no evidence of underground storage tanks or any evidence of previous industrial activities on site. No hazardous waste was noted on the property.

Phase II Study

The results of soil samples from three boreholes at the site were compared to the 1989 MOEE Guidelines for the Decommissioning and Cleanup of Sites in Ontario. None of the levels detected exceeded the criteria for agriculture/residential/parkland use. In addition, test results for total petroleum hydrocarbons (TPH) revealed no trace of hydrocarbons.

Based on the available information on hand, EHS staff are therefore of the opinion that the site does not appear to be contaminated and would have no objection to the approval for Official Plan Amendment and/or Rezoning for this site, should the owner decide to apply for same. However, EHS staff recommend that should the owner decide to apply, he should be required to prepare an Excavation Dust Control Plan and submit this plan to the Commissioner of Planning and Development, for approval by the Medical Officer of Health, prior to the issuance of any building permit; and that the owner implement the measures in the Excavation Dust Control Plan approved by the Medical Officer of Health.

A copy of the recommended elements for dust control is attached for your information.

Please inform the owner or his agent in respect to this matter and provide them with a copy of my comments and the recommended dust control measures.

If you have any questions, please do not hesitate to contact me at 392-7685.

7.Urban Planning and Development Services (May 7, 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.

Other Applicable Legislation and Required Approvals

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Appendix B

Minutes

3 Silver Avenue Public Meeting

March 18, 1997

In Attendance

Myron Boyko, architect

Bill and Erin Halkiw, owners

Helen Coombs, Area Planner and four residents.

Helen Coombs introduced the project and Myron Boyko described it using a model. There were no concerns raised by the residents.

Insert Table/Map No. 1

1 Silver Avenue

Insert Table/Map No. 2

1 Silver Avenue

Insert Table/Map No. 3

1 Silver Avenue

Insert Table/Map No. 4

1 Silver Avenue