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Draft Zoning By-law and Plan of Subdivision -

2078 and 2300 St. Clair Avenue West and

66 Symes Road (Davenport)

The Toronto Community Council recommends that:

(1)the Draft By-law attached to the report (November10,1998) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto subject to:

(a)provision of a satisfactory Noise Impact Statement to the Commissioner of Works and Emergency Services;

(b)submission of and approval by the Commissioner of Works and Emergency Services, of a Traffic Impact Assessment for the project, prepared by a qualified Transportation Engineer;

(c)submission of revisions to the draft Plan of Subdivision which include the following:

-1.5 metre triangular splays at the intersections of the public lanes;

-a 3.0 metre strip along St. Clair Avenue West for road widening purposes;

-an additional 3.0 metre strip along St. Clair Avenue West, such strip to be free of any permanent structures or encumbrances, for possible acquisition by the City at a nominal cost;

-elimination of the 0.3 metre reserve strip (Block 179); and

-the conveyance of Block 176 for public park purposes;

(d)submission for the review and approval of the Commissioner of Works and Emergency Services, of a suitable phasing plan as outlined in the final planning report;

(e)the owner conducting a detailed historical review of the site to identify existing and past land uses which could result in negative environmental effects to the site and submit said report to the Commissioner of Urban Planning and Development Services for review by the Medical Officer of Health;

(f)the owner conducting a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil conditions and proposed remediation options to be submitted to the Commissioner of Urban Planning and Development Services for approval by the Medical Officer of Health;

(g)receipt by the City Solicitor, of a satisfactory election pursuant to Section 37 of the Planning Act from the owner requesting that City Council increase height and residential density otherwise permitted on the site in return for the provision of the facilities matters or things outlined in the report (November 5, 1998) of the Commissioner of Urban Planning and Development Services; and

(h)receipt by the City Solicitor, of an executed Section 37 Agreement, title opinion and any necessary postponements to enable the agreement to have priority on the site; and

(2)recommendation Nos. (1)-(12) of the Final Report (November 5, 1998) of the Commissioner of Urban Planning and Development Services be adopted.

The Toronto Community Council reports, for the information of Council, having requested the City Solicitor, in consultation with the Commissioner of Urban Planning and Development Services and the Commissioner of Works and Emergency Services, to report directly to Council respecting any outstanding issues which may arise during negotiation of the Section 37 Agreement, including provisions respecting noise attenuation and timing of conveyances and provision of security.

The Toronto Community Council further reports, for the information of Council, having requested the Commissioner of Works and Emergency Services, in consultation with the T.T.C. and the Commissioner of Urban Planning and Development Services, to report to the Toronto Community Council on:

(1)the alterations of the right-of-way on St. Clair Avenue West at Gunns Road, so as to separate the T.T.C. tracks from left turn movements;

(2)a critical path to achieve, in a timely fashion, the improvement set out in Recommendation No. (1) above, respecting alterations of the right-of-way; and

(3)what opportunities exist and should be protected on St. Clair Avenue West, west of Symes Road, for a possible relocation of the Gunns Road T.T.C. loop.

The Toronto Community Council further 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:

-Ms. Joan Miles, on behalf of West Toronto Junction Historical Society;

-Mr. Ian Wheal, on behalf of the Ontario Society for Industrial Archaeology;

-Ms. Catherine Lyons, Goodman, Phillips & Vineberg; and

-Ms. Rosemarie Humphries, Weston Consulting Group Inc.

The Toronto Community Council submits the following report (November 10, 1998) from the City Solicitor:

Purpose:

The Toronto Community Council will be holding a public meeting to consider the report (November5, 1998) of the Commissioner of Urban Planning and Development Services in this matter. This report provides the necessary Draft By-law Amendment to permit Subdivision Application No. 55T-95002 to proceed as recommended by the Commissioner of Urban Planning and Development Services.

Funding Sources, Financial Implications and Impact Statement:

No funding implications.

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:

(2)The Draft By-law attached to the report (November10,1998) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto subject to

(a)Provision of a satisfactory Noise Impact Statement to the Commissioner of Works and Emergency Services;

(b)Submission of and approval by the Commissioner of Works and Emergency Services, of a Traffic Impact Assessment for the project, prepared by a qualified Transportation Engineer;

(c)Submission of revisions to the draft Plan of Subdivision which include the following:

-1.5 metre triangular splays at the intersections of the public lanes;

-a 3.0 metre strip along St. Clair Avenue West for road widening purposes;

-an additional 3.0 metre strip along St. Clair Avenue West, such strip to be free of any permanent structures or encumbrances, for possible acquisition by the City at a nominal cost;

-elimination of the 0.3 metre reserve strip (Block 179); and

-the conveyance of Block 176 for public park purposes.

(d)Submission for the review and approval of the Commissioner of Works and Emergency Services, of a suitable phasing plan as outlined in the final planning report;

(e)That the owner conduct a detailed historical review of the site to identify existing and past land uses which could result in negative environmental effects to the site and submit said report to the Commissioner of Urban Planning and Development Services for review by the Medical Officer of Health;

(f)That the owner conduct a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil conditions and proposed remediation options to be submitted to the Commissioner of Urban Planning and Development Services for approval by the Medical Officer of Health.;

(h)receipt by the City Solicitor, of an executed Section 37 Agreement, title opinion and any necessary postponements to enable the agreement to have priority on the site;

(3)That Recommendations 1-12 of the Final Report (November 5, 1998) of the Commissioner of Urban Planning and Development Services be adopted.

(4)That the City Solicitor in consultation with the Commissioner of Urban Planning and Development Services and the Commissioner of Works and Emergency Services report directly to Council respecting any outstanding issues which may arise during negotiation of the Section 37 Agreement, including provisions respecting noise attenuation and timing of conveyances and provision of security.

Comments and/or Discussion and/or Justification:

The attached By-law implements recommendation 1 of the report (November 5, 1998) of the Commissioner of Urban Planning and Development Services.

Contact Name:

Gordon Townend

Telephone:(416) 392-6905

Fax:(416) 392-0024

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

--------

DRAFT BY-LAW

Authority:Toronto Community Council Report No. , Clause No.

as adopted by Council on

CITY OF TORONTO

Bill No.

BY-LAW No. - 1998

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

with respect to 2078 and 2300 St. Clair Avenue West and 66 Symes Road.

WHEREAS pursuant to Section 37 of the Planning Act, the Council of the municipality may in a By-law passed under Section 34 of the Planning Act, authorize increases in the height or density of development beyond that otherwise permitted by the By-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the By-law; and

WHEREAS subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, a municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities services and matters; and

WHEREAS the owner of the lot has elected to provide the facilities, services or matters as are set out in this by-law; and

WHEREAS the increase in height and residential density of development permitted under this By-law beyond that otherwise permitted on the aforesaid lot by By-law No. 438-86, as amended, is to be permitted in return for the provision of the facilities services and matters set out in this By-law and to be secured by one or more agreements between the owner of the lot and the City of Toronto; and

AND WHEREAS the Council of the City of Toronto has required the owner of the lot to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in permitted height and density in connection with the lot;

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

1.That maps 47K-312 and 47K-313 contained in Appendix 'A' 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, be further amended by redesignating the lands shown outlined on Plan 1 attached from the designation of I2 D2 and I3 D2 to R2 Z1.0.

2.That maps 47K-312 and 47K-313 contained in Appendix 'B' of the aforesaid By-law No. 438-86, as amended, be further amended by redesignating the lands shown outlined on Plan 1 attached from height limit designation of 14.0 metres and 11.0 metres.

3.None of the provisions of sections 6(3)PART II(2), 6(3)PART II(3)(A)(II), 6(3)PART II 7(ii)A, and 6(3)PART VII(1) of the aforesaid By-law No. 438-86, as amended, shall apply to prevent the use of lands or the erection or use on the lands shown on Plan 1 attached to this by-law of buildings and structures otherwise in compliance with all other provisions of the aforesaid By-law No. 438-86, provided:

(1)the lands and the buildings and structures are used for any use permitted in sections 6(1)(f)(a) and 6(1)(f)(b) of the aforesaid By-law No. 438-86 except for apartment building, dwelling units-two or more, keeping of roomers or boarders, rowplex, triplex, rooming house and parking area;

(2)no building fronting on St. Clair Avenue West is located closer to the front lot line than 3.0 metres;

(3)no building fronting on Streets 'A', 'C' or 'D' as shown on Plan 2 attached, is located closer to the front lot line than 1.0 metre;

(4)no building situated on a corner lot is located closer to the flanking street than 1.0 metre;

(5)no accessory building, including a private garage, is located closer to a residential building than 2.0 metres;

(6)the lot on which each building is located has a lot frontage of not less than 5.5 metres;

(7)not less than 1 parking space is provided for each dwelling unit in a private garage;

(8)the owner of the lot, at their expense and in accordance with and subject to the agreement referred to in section 3(8) herein provides the following facilities, matters or things:

(i)that, prior to the registration of the Plan of Subdivision, the owner convey to the City, at nominal cost, the lands shown as Blocks 175 and 176 (hereinafter referred to as the Parkland Dedication Lands) and that the owner pay for the costs of such conveyance, including any Land Transfer Tax and the preparation and registration of all relevant documents;

(ii)that, prior to the conveyance of the Parkland Dedication Lands, the owner provide to the satisfaction of City Solicitor, all legal descriptions and applicable reference plans of survey for the Parkland Dedication Lands;

(iii)that, not more than 30 days before the conveyance of the Parkland Dedication Lands, the owner provide to the City Solicitor a title opinion, satisfactory to the City Solicitor, that the City would, upon registration of the conveyance of the Parkland Dedication Lands, acquire fee simple title to the land forming the Parkland Dedication Lands, free of encumbrances and that such opinion shall, if requested by the City Solicitor, be accompanied by all material relied upon in reaching such opinion, including copies of all applicable abstracts of title and copies of all registered documents relevant to the title and the proposed conveyance;

(iv)that, prior to the conveyance of the Parkland Dedication Lands, the owner provide to the Commissioner of Economic Development, Culture & Tourism and Medical Officer of Health, an opinion, satisfactory to the Commissioner of Economic Development, Culture & Tourism and Medical Officer of Health, as to whether the Parkland Dedication Lands are or will, at the time of conveyance, meet all applicable laws, regulations and guidelines respecting sites to be used for public park purposes including City Council's policies respecting soil remediation of sites to be acquired by the City, such opinion to be prepared by a qualified environmental consultant acceptable to the Medical Officer of Health;

(v)that the owner agree in writing to be responsible for any and all claims, demands, suits actions, causes of action, liabilities, costs and expenses (including legal costs) arising from or in any way connected with any contaminant left on or below the Parkland Dedication Lands at the time of conveyance or created as a result of the development of the site with the exception of any liability arising from the negligence of the City or the introduction of contaminants to the site by the City's use thereof as a park;

(vi)that, prior to the conveyance of any streets, lanes, and the widenings of St. Clair Avenue West the Parkland Dedication Lands, the owner provide a Record of Site Condition in the most current form provided by the Ministry of the Environment and Energy, completed by the qualified environmental consultant, with the Acknowledgement of Receipt completed by the said Minister or Provincial Officer therefore, as the case may be, and an acknowledgement by the said Minister or delegate that an audit will not be done or has been carried out with results and remediation satisfactory to the said Minister;

(vii)that, prior to the issuance of a building permit for any phase of the development, the owner obtain an occupancy permit for the Parkland Dedication Lands from the Commissioner of Economic Development, Culture & Tourism and indemnify the City against any claim during any interim use of or work carried out, by the owner, on the Parkland Dedication Lands;

(viii)that, prior to the issuance of a building permit for any phase of the development, the owner take out and keep in force until completion of the Interim Landscaping referred to in subsection (xii), comprehensive general liability insurance, in an insurance policy in the amount of $5,000,000 and in a form satisfactory to the City Treasurer, for the joint benefit of the developer and the City, against any liability for claims respecting personal injury, death or property damage resulting from any accident or occurrence on the Parkland Dedication Lands and that such insurance policy shall name the City as an insured party and shall contain a clause protecting the City against claims by the developer as if the City were separately insured and a clause providing that the insurer will not cancel nor refuse to renew the said insurance without first having given the City 30 days prior written notice thereof;

(ix)that, prior to the issuance of a building permit for any phase of the development, the owner deliver to the City Treasurer a Certificate of Insurance, satisfactory to the City Treasurer, in respect of the insurance policy referred to in subsection (viii) above;

(x)that, prior to the earlier of the issuance of a building permit for any phase of the development or following the satisfactory remediation of the Parkland Dedication Lands, the owner install 1.8 metre high hoarding or chain link fencing along the boundaries of the Parkland Dedication Lands, such fence to remain in place until such time as the Interim Landscaping referred to in subsection (xii) below is completed to the satisfaction of the Commissioner of Economic Development, Culture & Tourism;

(xi)that, prior to the issuance of a building permit for any phase of the development, the owner provide the City with an irrevocable Letter of Credit in an amount and form satisfactory to the Commissioner of Economic Development, Culture and Tourism for the Interim Landscaping referred to in subsection (xii) below;

(xii)that, not later than two years following the issuance of the first building permit for the development, the owner install Interim Landscaping on the Parkland Dedication Lands, such Interim Landscaping to include "Backfill", "Topsoil", "Sod", "Water Service", and "Noise Attenuation Wall (if required by the Commissioner of Works and Emergency Services):

For the purposes of this section,

"Noise Attenuation Wall" shall mean a 2.4 metre high acoustical fence satisfactory to the Commissioner of Works and Emergency Services, to be constructed along the north property line of Block 175.

(xiii)that, prior to the installation of the Interim Landscaping, the owner shall grade the surface of the Parkland Dedication Lands in a satisfactory manner;

(xiv)that the Interim Landscaping shall be completed not later than two years following the issuance of the first building permit for the development, after which time the City may draw upon the Letter of Credit referred to in subsection (xi) to complete the Interim Landscaping; and

(xv)that, prior to conveyance of the Parkland Dedication Lands, the owner provide the City with an irrevocable Letter of Credit in the amount of $90,000 and in a form satisfactory to the Commissioner of Economic Development, Culture and Tourism, to be used toward the final landscaping of the Parkland Dedication Lands and which may be drawn upon following completion of the Interim Landscaping referred to in subsection (xii) above.

(xvi)that, prior to the final approval of the Plan of Subdivision, the owner provide a financial contribution in an amount satisfactory to the Toronto Transit Commission, toward the cost of the track relocation work at St. Clair and Gunns Road, said amount not to exceed $100,000.

(xvii)implements the facilities, services and matters set forth in sections 1(8)(I) to (xvi) herein within the time frames provided each such facility, service or matter in the agreement referred to in section 3(8) herein; and

(9)the owners of the lot enter into an agreement with the City pursuant to Section 37 of the Planning Act, to secure the facilities, services and matters referred to in section 3(8) herein, and consent to such agreement being registered on title to the lot as a first charge against the lot.

4.For the purposes of this by-law, each other word or expression which is italicized in this by-law shall have the same meaning as each word or expression as defined in By-law No. 438-86, as amended.

5.Notwithstanding the provisions of the aforesaid By-law No. 438-86, as amended, the erection and use on the lands shown on Plan 1 of a temporary sales showroom with a floor area of not exceeding 175 square metres or a model home is permitted provided that the model home complies with the requirements set out in this by-law and the temporary sales showroom is removed prior to the assumption of any road allowances by the City.

The Toronto Community Council also submits the following report (November 5, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To recommend approval of zoning by-law amendments and a draft plan of subdivision to create a new low density residential neighbourhood made up of approximately 352 houses and a 0.86 hectare public park on the site of the former Maple Leaf Foods meat processing plant on the north side of St. Clair Avenue West between Gunns Road and Symes Road.

Source of Funds:

N/A.

Recommendations:

It is recommended that:

1.The City Solicitor be requested to submit a draft by-law, in consultation with the Commissioner of Urban Planning and Development Services, to amend Zoning By-law 438-86 substantially as set out below:

(a)amend Maps 47K-312 and 47K-313 contained in Appendix 'A' of By-law 438-86 by redesignating the lands highlighted on Map 1 from I2 D2 to R2 Z1.0;

(b)amend Maps 47K-312 and 47K-313 contained in Appendix 'B' of By-law 438-86 by establishing a 11.0 metre height limit on the lands highlighted on Map 1;

(c)prepare a site-specific by-law to:

(i)exempt the site from the following sections of Zoning By-law 438-86:

-6(3) Part II(2) - front yard setback;

-6(3) Part II(3)(A)(II) - side yard setback for corner lots;

-6(3) Part II 7(ii)A - setback of accessory building from adjacent dwelling; and

-6(3) Part VII(1) - minimum lot frontage.

(ii)permit the use of a lot and erection of a detached house, semi-detached house, rowhouse, converted house duplex, semi-detached duplex, residential care facility, bed and breakfast establishment, home/work or private home daycare and uses accessory thereto provided:

-no building fronting on St. Clair Avenue West is located closer to the front lot line than 3.0 metres;

-no building fronting on Streets 'A', 'C' or 'D' is located closer to the front lot line than 1.0 metre;

-no building situated on a corner lot is located closer to the flanking street than 1.0 metre;

-no accessory building, including a private garage, is located closer to a residential building than 2.0 metres;

-the lot on which each building is located has a lot frontage of not less than 5.5 metres;

-not less than 1 parking space is provided for each dwelling unit in a private garage.

(iii)permit the use of a lot and erection of a temporary sales showroom for the purposes of selling the residential dwellings provided the floor area does not exceed 175 square metres or a model home provided that the model home complies with the zoning requirements set out in the by-law.

(iv)require a Section 37 Agreement as set out in Recommendation 7 below.

2.That, prior to the introduction of a bill in Council, the owner submit to and have approved by the Commissioner of Works and Emergency Services, a Noise Impact Statement which, amongst other things, sets out the following: any proposed phasing of noise attenuation; alternative, on-site noise attenuation measures in the event that agreements for at-source noise attenuation are not entered into; and the owner's financial obligations toward a long term maintenance programme for all noise attenuation measures, such measures to be secured in the Subdivision Agreement.

3.That, prior to the introduction of a bill in Council, the owner submit to and have approved by the Commissioner of Works and Emergency Services, a Traffic Impact Assessment for the project, prepared by a qualified Transportation Engineer.

4.That, prior to the introduction of a bill in Council, the owner be required to submit revisions to the draft Plan of Subdivision which include the following:

-1.5 metre triangular splays at the intersections of the public lanes;

-a 3.0 metre strip along St. Clair Avenue West for road widening purposes;

-an additional 3.0 metre strip along St. Clair Avenue West, such strip to be free of any permanent structures or encumbrances, for possible acquisition by the City at a nominal cost;

-elimination of the 0.3 metre reserve strip (Block 179); and

-the conveyance of Block 176 for public park purposes.

5.That, prior to the introduction of a bill in Council, the owner submit for the review and approval of the Commissioner of Works and Emergency Services, a phasing plan for the construction of roads and municipal services, such plan to ensure that no dead end roads or lanes are created at any point in the phased construction.

6.That, prior to the introduction of a bill in Council, the owner conduct a detailed historical review of the site to identify existing and past land uses which could result in negative environmental effects to the site and submit said report to the Commissioner of Urban Planning and Development Services for review by the Medical Officer of Health.

7.That, prior to the introduction of a bill in Council, the owner conduct a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil conditions and proposed remediation options to be submitted to the Commissioner of Urban Planning and Development Services for approval by the Medical Officer of Health.

8.That, prior to the introduction of a bill in Council, the owner be required to enter into an Agreement with the City pursuant to Section 37 of the Planning Act, in a form satisfactory to the City Solicitor, requiring the following:

Parkland Dedication Lands

(vi)that, prior to the conveyance of the Parkland Dedication Lands, the owner provide a Record of Site Condition in the most current form provided by the Ministry of the Environment and Energy, completed by the qualified environmental consultant, with the Acknowledgement of Receipt completed by the said Minister or Provincial Officer therefore, as the case may be, and, where reasonably required by the Commissioner of Economic Development, Culture and Tourism, an acknowledgement by the said Minister or delegate that an audit will not be done or has been carried out with results satisfactory to the said Commissioner;

(viii)that, prior to the issuance of a building permit for any phase of the development, the owner take out and keep in force until completion of the Interim Landscaping referred to in Subsection xii, comprehensive general liability insurance, in an insurance policy in the amount of $5,000,000 and in a form satisfactory to the City Treasurer, for the joint benefit of the developer and the City, against any liability for claims respecting personal injury, death or property damage resulting from any accident or occurrence on the Parkland Dedication Lands and that such insurance policy shall name the City as an insured party and shall contain a clause protecting the City against claims by the developer as if the City were separately insured and a clause providing that the insurer will not cancel nor refuse to renew the said insurance without first having given the City 30 days prior written notice thereof;

(x)that, prior to the issuance of a building permit for any phase of the development, the owner install 1.8 metre high hoarding or chain link fencing along the boundaries of the Parkland Dedication Lands, such fence to remain in place until such time as the Interim Landscaping referred to in Subsection xii below is completed to the satisfaction of the Commissioner of Economic Development, Culture & Tourism;

For the purposes of this section

"Backfill" shall mean all material used to restore the grade and elevation of the said lands; such material shall meet the unrestricted land use criteria set forth in the Ontario Ministry of the Environment's interim soil management policy, including without limitation, that such material shall be selected from excavation or other sources for the use intended, unfrozen and free of rocks larger than 75 millimetres, cinders, ashes, sods, refuse or other deleterious materials; all backfill material shall be approved by the Commissioner of Economic Development, Culture & Tourism prior to its installation; all backfill material is to be compacted to eighty (80) percent standard proctor density and should include, as a top layer, a minimum of 4 inches of topsoil that has been fine graded to remove all debris and stones.

"Topsoil" shall mean fertile, friable, natural loam, containing not less than 4 percent organic matter for clay loams and not less than 2 percent organic matter for sandy loams, to a maximum of 15 percent, and capable of sustaining vigorous plant growth, free of sub-soil contamination, roots and stones over 50 millimetres in diameter, soil sterilants and growth inhibitors, reasonably free of weeds, and having a pH range from 6.0 to 7.5.

"Sod" shall mean Certified No. 1 cultivated turf grade sod, grown in accordance with Metric Guide Specifications for Nursery Stock prepared by the Canadian Nursery Trades Association and to be Number 1 Kentucky Bluegrass grown from minimum 60% Kentucky Bluegrass and 40% Creeping Fescue, in healthy, vigorous growing condition at the time of installation.

"Water Service" shall mean the installation to the satisfaction of the Commissioner of Economic Development, Culture & Tourism and Commissioner of Works and Emergency Services a separately metered 50 millimetre diameter water line to the Parkland Dedication Lands.

"Noise Attenuation Wall" shall mean a 2.4 metre high acoustical fence satisfactory to the Commissioner of Works and Emergency Services, to be constructed along the north property line of Block 175.

(xiii)that, prior to the installation of the Interim Landscaping, the owner shall grade the surface of the Parkland Dedication Lands in a manner that permits the site to drain freely and such that the perimeter elevations of the Parkland Dedication Lands shall be consistent with the grades of abutting public streets and abutting properties and that, prior to the installation of the sod, the owner shall request a representative of the Commissioner of Economic Development, Culture & Tourism to inspect the site to ensure that the final grading meets with the said Commissioner's approval;

(xiv)that the Interim Landscaping shall be completed not later than two years following the issuance of the first building permit for the development, after which time the City may draw upon the Letter of Credit referred to in Subsection xi to complete the Interim Landscaping; and

TTC Track Relocation

(xvi)that, prior to the issuance of a building permit, the owner provide a financial contribution in an amount satisfactory to the Toronto Transit Commission, toward the cost of the track relocation work at St. Clair and Gunns Road, said amount not to exceed $100,000.

9.That City Council approve the proposed Draft Plan of Subdivision (with the revisions set out in Recommendation 4) prepared by Weston Consulting Group date stamped as received October 27, 1998 and on file with the Commissioner of Urban Planning and Development Services subject to the owner entering into a Subdivision Agreement in form and content satisfactory to the City Solicitor and Commissioner of Urban Planning and Development Services requiring the following:

Roads, Lanes and Municipal Services

(i)the owner submit a functional road plan incorporating the pavement widths, triangular splays and traffic calming principles for the review and approval of the Commissioner of Works and Emergency Services;

(ii)the owner provide the new public streets and lanes shown on the draft plan with a minimum road allowance width of 20 metres for Street 'B', 11.5 metres for Street 'D', 15 metres for Streets 'A' and 'C' and 5 metres for all public lanes;

(iii)the owner provide and maintain 1.5 metre by 1.5 metre triangular splays at the intersection of all lanes and at 90 degree corners;

(iv)the owner engage the services of a qualified Municipal Consulting Engineer satisfactory to the Commissioner of Works and Emergency Services for the design and field supervision of all underground and surface public works services and facilities;

(v)the owner prepare and submit for the approval of the Commissioner of Works and Emergency Services detailed design drawings in accordance with the City's design policies and specifications for all underground and surface public works services and facilities including a site grading plan, and construct all such services and facilities in accordance with the approved drawings and specifications;

(vi)the owner provide, upon completion of the work, "as constructed" drawings of all underground and surface public works services and facilities, certified by the Municipal Consulting Engineer that such services and facilities have been constructed in accordance with the approved drawings and specifications;

(vii)the owner provide Letters of Credit in the amount of 120% of the estimated cost for all municipal infrastructure for the development (sewers, waterworks, streets including intersections with existing streets and lanes, sidewalks, lanes, street lighting, street furniture, Interim Landscaping for the Parkland Dedication Lands, etc.) or such lesser amount as the Commissioner of Works and Emergency Services may approve, as determined by the Municipal Consulting Engineer and approved by the Commissioner of Works and Emergency Services, prior to the earlier of the issuance of a building permit or commencement of construction of the infrastructure for the development, until completion of the work;

(viii)the owner, prior to the earlier of the issuance of a building permit or commencement of construction of the infrastructure for the development, provide letters of credit in an amount equal to 25% of the value of completed municipal infrastructure as a maintenance guarantee for a period of two years from the date of completion of the work as certified by the Municipal Consulting Engineer and acceptance by the Commissioner of Works and Emergency Services;

(ix)the owner construct all utilities underground;

(x)the owner submit suggestions for a suitable name for the new streets in accordance with the guidelines set out in Clause 4 in Executive Committee Report No. 22 adopted by the former City of Toronto Council at its meeting of July 11, 1988;

(xi)the owner remonument the street limits and proposed lot/block corners after completion of construction, if necessary;

(xii)the owner submit to and have approved by the Commissioner of Works and Emergency Services a soil study addressing soil contamination/remediation within the proposed road allowances;

(xiii)the owner agree to defer the installation of the final coat of asphalt on each street/lane until the substantial completion of construction of buildings on that street/lane, or at earlier timing as may be required by the Commissioner of Works and Emergency Services, acting reasonably;

(xiv)the owner design and construct the new public streets and lanes in accordance with the principles contained in the report from the Commissioner of Works and Emergency Services;

(xv)the owner convey to the City at nominal cost a 3.0 metre strip of land along the entire frontage of St. Clair Avenue West for road widening purposes, free and clear of any encumbrances except for municipal services and utilities;

(xvi)the owner register on title an additional 3.0 metre easement in favour of the City of Toronto on those properties fronting onto St. Clair Avenue West for possible, future road widening and municipal services and utilities;

(xvii)the owner provide to the city, prior to the issuance of a building permit, a one-time cash contribution of $2,500 toward the supply and installation of measures required to mitigate potential impacts of traffic generated by this project on local area streets and intersections;

(xviii)the owner have a qualified Transportation Engineer certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Traffic Impact Assessment approved by the Commissioner of Works and Emergency Services and any other traffic measures have been implemented;

(xix)the owner construct sidewalks on both sides of Symes Road, between St. Clair Avenue West and the north limit of the subdivision, to City specifications, or alternatively pay for the cost of constructing these sidewalks, prior to the issuance of a building permit for any phase abutting Symes Road;

(xx)the owner provide, maintain and operate the noise impact, soil remediation and traffic management measures, facilities, strategies stipulated in the respective plans approved by the Commissioner of Works and Emergency Services;

(xxi)the owner provide space within the development for the construction of transformer vaults and Hydro, Bell and sewer maintenance holes;

(xxii)the owner confirm that satisfactory arrangements, financial and otherwise, have been made with Bell Canada for any Bell Canada facilities serving this development;

(xxiii)the owner provide a 6 metre by 8 metre easement on the site, in favour of Bell Canada, to house a walk-in cabinet accommodating digital electronic switching equipment;

(xxiv)the owner provide and maintain 0.3 metre vertical and 0.6 metre horizontal clearance from all Consumer Gas lines;

Phasing

(xxv)the owner apply for building permits on a phased basis according to the Phasing Schedule set out below:

-Phase 1-lots 16 - 37

-Phase 2-lots 38 - 59

-Phase 3-lots 1 - 15

-Phase 4-lots 60 - 74

-Phase 5-lots 90 - 103

-Phase 6-lots 75 - 89

-Phase 7-lots 104 - 132

-Phase 8-lots 133 - 163

-Phase 9-lots 164 - 174

Environmental

(xxvi)the owner provide and maintain the at-source and on-site noise attenuation measures set out in the Noise Impact Statement to be approved by the Commissioner of Works and Emergency Services, such measures to include, but not be limited to, the following:

-the owner, prior to the issuance of a building permit, submit Agreements between said owner and the companies (or future businesses operating on these sites) set out below to the Commissioner of Urban Planning and Development Services outlining the owner's responsibilities toward the at-source noise attenuation measures which will be set out in the Noise Impact Statement to be approved by the Commissioner of Works and Emergency Services prior to the introduction of a bill in Council.

Canamera Foods-prior to the issuance of a building permit for Phases 1, 2, 5, 7 or 8

Best Western Beef-prior to the issuance of a building permit for Phases 1, 2, 5, 7 or 8

Toronto Transit Commission-prior to the issuance of a building permit for Phases 1, 2, 5 or 7

Intergen-prior to the issuance of a building permit for Phases 5, 6, 7 or 8

Universal Drum-prior to the issuance of a building permit for Phases 5, 6, 7 or 8

New York Pork-prior to the issuance of a building permit for Phases 3, 4, 6, 7, 8 or 9

-the owner, prior to occupancy of any building, have a qualified Architect/Acoustical Consultant certify in writing that the at-source noise attenuation measures for the respective phase have been completed and that sound levels are satisfactory to the Commissioner of Works and Emergency Services;

-the owner, in the event that Agreements can not be reached with the companies set out above, prior to the issuance of a building permit, submit for the review and approval of the Commissioner of Works and Emergency Services alternative on-site noise attenuation strategies;

-the owner include warning clauses with wording satisfactory to the Commissioner of Urban Planning and Development Services in all Agreements of Purchase and Sale and Deeds warning potential purchasers of potential noise and odour impacts;

(xxvii)the owner, prior to occupancy have a qualified Architect/Acoustical Consultant certify, in writing to the Commissioner of Works and Emergency Services, that each phase of the development has been designed and constructed and all noise and vibration attenuation measures required for each respective phase of the development have been implemented in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services;

(xxviii)the owner implement, under the supervision of an on-site qualified consultant, the Soil and Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health and upon completion, prior to the issuance of a building permit for any phase of the development, 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;

(xxix)the owner conduct a Preliminary Ambient Air Quality Assessment to identify potential air quality impacts including those from all proximal sources of air pollutants and construction activities which exist at or near the site;

(xxx)the owner, prior to the issuance of a building permit prepare a Dust Control Plan to the Commissioner of Urban Planning for approval by the Medical Officer of Health;

(xxxi)Prior to the initiation of grading, and prior to the registration of the draft Plan of Subdivision or any phase thereof, the owner submit to the Toronto and Region Conservation Authority and the City for review and approval the following:

-plans illustrating how this drainage system will tie into the surrounding drainage systems and indicating whether it is part of an overall drainage scheme, how external flows will be accommodated and the design capacity of the receiving system;

-the location and description of all outlets and other facilities which may require permits under Provincial regulations;

-stormwater management techniques which may be required to control minor or major flows;

-proposed methods of controlling or minimizing erosion and siltation on site and in downstream areas during and after construction; and

-an overall grading plan for the lands within this plan.

(xxxii)the owner shall agree, in wording satisfactory to the Toronto and Region Conservation Authority and the City:

-to carry out, or cause to be carried out, to the satisfaction of the Conservation Authority the recommendations set out in any and all reports referred to above;

-to obtain all necessary permits referred to above;

(xxxiii)the owner forward a copy of the fully executed Subdivision Agreement to the Toronto and Region Conservation Authority;

CP Spur Line

(xxxiv)the owner insert a clause in all offers to purchase, agreements of sale and purchase or lease and in the title deed or lease of each dwelling within 300 metres of the railway right-of-way, warning prospective purchasers or tenants of the existence of the railway's operating right-of-way, the possibility of alterations including the possibility that the railway may expand its operations, which may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuation measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations;

(xxxv)the owner provide a 1.83 metre high chain link fence to be constructed and maintained along the common property line of the Railway and the developer provide appropriate funds to the City for maintaining the fence in a satisfactory condition;

(xxxvi)that no dwelling be located less than 15.0 metres from the railway right-of-way;

(xxxvii)that the owner submit for the review and approval of CP Rail a drainage report for any alterations to the existing drainage pattern which may affect railway property;

(xxxviii)the owner enter into appropriate agreements with CP rail for any utilities proposed under or over railway property;

Low-End-of-Market Housing

(xxxix)the owner, prior to the issuance of a building permit, submit for the review and approval of the Commissioner of Urban Planning and Development an implementation plan to provide 30% of the units as low-end-of-market housing or affordable housing.

Other

(xi)the owner deposit the plan of subdivision in the appropriate Land Registry Office such plan to be in metric units with all lot and block corners integrated with the Ontario Land Co-ordinate System;

(xii)the owner provide a digital copy of the final plan of subdivision to the Commissioner of Works and Emergency Services.

10.That the owner be advised of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the abutting road allowances.

11.That the owner be advised to design the St. Clair Avenue West boulevard in accordance with the guidelines of the Commissioner of Works and Emergency Services.

12.That the owner be advised of the need to obtain building location and streetscape permits from the Commissioner of Works and Emergency Services prior to the construction of this project.

Comments:

Project Description:

The applicant is proposing 352 houses arranged in a traditional grid pattern of streets and blocks. The development consists of 340 semi-detached houses and 12 rowhouses. Parking for each dwelling will be provided in rear garages which are accessed from a new system of public lanes. A 0.86 hectare public park is proposed at the east end of the site and a smaller 0.06 hectare park is proposed along the west side of Symes Road. This proposal amends a previously submitted application by Maple Leaf Foods for 740 dwelling units and some neighbourhood commercial uses on a larger site.

Site and Area Description:

This 9.26 hectare site is situated on the north side of St. Clair Avenue West between Gunns Road and the CP spur line just west of Symes Road. It was previously occupied by the Maple Leaf Foods meat processing plant which ceased operation in 1995 and has since been demolished.

A variety of land uses surround the site including a rail spur, vacant industrial land, food processing plants and commercial uses including some recently constructed big-box retail uses. Map 1 shows the surrounding land use pattern.

Current Official Plan and Zoning:

The site is designated as a Mixed Industrial-Residential Area under the recently approved Part II Plan for the Old Stockyards District. The Official Plan allows Council to pass by-laws to permit a residential development provided that issues related to environmental suitability and compatibility between industrial and residential uses are satisfactorily addressed and that appropriate regard is had for the established City pattern in terms of built form and street and block layout. These issues are discussed below.

The site is zoned I2 D2 (industrial).

Planning Issues:

1.0Subdivision Pattern and Proposed Zoning:

The proposed Plan of Subdivision has been laid out in a manner typical of the City's existing residential neighbourhoods with a new system of local roads which radiate from major arterials. The proposed road pattern will ensure minimal infiltration of industrial traffic into the residential neighbourhood. A new system of public lanes will provide access to rear yard parking for all new houses and will provide a buffer between the new houses and abutting industrially zoned lands along the west and north edges of the site.

The proposed lots and blocks are similar to the dimensions of lots and blocks of existing residential neighbourhoods. The lot patterns will ensure consistent frontage on the public street and provide a suitable amount of front and rear yard open space.

It is recommended that the site be rezoned to R2 Z1.0 consistent with the zoning in other Low Density Residence Areas. The proposed new zoning will permit a variety of residential uses up to a maximum density of 1.0 times the area of the lot. The proposed subdivision is generally in keeping with the general zoning regulations for an R2 district; however, some minor relief from the lot frontage and setback requirements is necessary.

2.0Neighbourhood Parks:

This applicant now proposes relocation of the 0.86 hectare park from the middle of the site to the east end of the site abutting the previous alignment of Maybank Avenue, which is now closed. The reason for this relocation is to address potential noise concerns at the east end of the site. The location of the park at the east end of the site creates an opportunity to provide a larger park by making use of the closed Maybank Avenue road allowance.

In addition to this new neighbourhood park, a 0.06 hectare landscaped parcel is proposed on the west side of Symes Road. The purpose of this parcel is to provide a landscape buffer between those dwellings on the west side of Symes Road and industrial traffic along Symes Road.

The land for the parks will be conveyed to the City prior to the registration of the Plan of Subdivision. The owner is responsible for grading, sodding and providing water service to the parks no later than two years following the issuance of the first building permit. The owner is also required to contribute $90,000 toward the final landscaping of the parks (i.e., furniture, playground equipment, etc.). The exact design and programming for the parks will need to be discussed through a community consultation process.

Section 51.1 of the Planning Act authorizes the City to require dedication of a maximum of 5% of the land for public park purposes as a condition of approving a plan of subdivision. Since the amount of parkland proposed represents approximately 10% of the total lot area, the parkland dedication is being secured pursuant to Section 37 of the Planning in exchange for an increase in residential density.

3.0Compatibility with Existing Industry:

A number of meat processing and other industrial uses are located around the site. It is therefore important that measures be taken to ensure suitable residential living conditions and to ensure that existing industrial operations are not adversely affected by the introduction of residential uses into the area. Section 9.7 of the Official Plan requires issues such as noise, odour and separation of industrial and residential traffic be addressed prior to the passing of a Zoning By-law to permit residential uses.

3.1Noise:

A Noise Impact Assessment has been submitted to the City and must be approved prior to the introduction of a bill in Council. The Noise Impact Assessment recommends a number of at-source and on-site noise attenuation measures in order to bring noise levels to an acceptable level for future residents. The Subdivision Agreement will require that agreements between the owner and specified industrial operators be entered into prior to the issuance of building permits in order to secure the owner's responsibilities for at-source noise attenuation. The primary method of noise attenuation will be to install silencers on steam and cooling vents.

These at-source noise attenuation measures have been discussed with industrial operators in the area and there is general agreement to have these measures installed. However, additional information is required by these operators in order to ensure that the proposed measures will not disrupt their current operations. If agreements between the owner and industrial operators cannot be arrived at, the owner will be required to provide and maintain alternative on-site noise attenuation measures. The Commissioner of Works and Emergency Services has advised the applicant to revise the Noise Impact Assessment to provide more detail about alternative on-site noise attenuation. The owner's financial obligations toward construction, installation and long term maintenance of all noise attenuation measures will also be secured. The Noise Impact Statement is required to be approved prior to the introduction of a bill in Council.

In addition to these at-source noise attenuation measures, a number of on-site measures are also proposed. These include acoustical barriers around the perimeter of the site and along side lot lines which are close to potential noise sources. Upgraded windows are proposed for houses along St. Clair Avenue West to mitigate noise from Corsetti Meat Packers and St. Clair Avenue traffic. It is also recommended that Agreements of Purchase and Sale and deeds to each house contain clauses warning potential purchasers of noise and odour impacts.

The Plan of Subdivision has also been designed to provide additional noise attenuation. Development blocks abutting the spur line have a lane and garage between the spur line and the dwelling, providing a 15 metre setback from the spur line in accordance with the railway requirements. The dwellings on the northeast corner of the site, where there were significant noise concerns have been eliminated and replaced by the parkland dedication block.

3.2Air Quality:

An Air Quality Assessment prepared for the site has been reviewed by the Medical Officer of Health. Staff at Environmental Health Services are of the opinion that the location of the subject site is such that odour impacts from nearby industries will be unavoidable. Although odours, at times, may be offensive to some future residents, the levels of contaminants discharged by industries in the area are not likely to cause an adverse effect on the site. The applicant will be required to provide adequate notification to prospective buyers advising that the area has a high potential to be impacted by offensive nuisance odours from nearby industries.

4.0Transportation:

The proposal includes the creation of new streets and lanes arranged in a traditional grid pattern. The proposed road network appears to provide for good distribution of residential traffic by providing access and egress opportunities via Gunns Road at the east edge of the site and Symes Road at the West edge of the site. These roads are proposed to be built by the developer in accordance with City standards and conveyed to the City upon completion to the satisfaction of the Commissioner of Works and Emergency Services.

Given the substantial effort and expense to retrofit streets in many areas of the City for traffic calming, Street 'A' should be designed and constructed incorporating traffic calming principles. Speed bumps are recommended in all lanes and sidewalks are required on Symes Road.

A 3.0 metre road widening along St. Clair Avenue West and an additional 3.0 metre reserve for possible road widening are recommended in order to provide for the future widening of St. Clair Avenue West and the possible westward extension of the streetcar route.

In response to increased traffic from new development in the area which affects streetcar operations, the Toronto Transit Commission (TTC) has secured funds in connection with new development applications toward the separation of the streetcar tracks from the westbound left turn lane at St. Clair Avenue West and Gunns Road. As this development will add to traffic congestion on St. Clair Avenue West, the TTC is requesting that the applicant make a $100,000 cash contribution towards this work. The developer has agreed to make a financial contribution toward this work which will be secured in the Section 37 Agreement.

A revised Traffic Impact Analysis has been reviewed by the Commissioner of Works and Emergency Services. In addition to the road design and improvements discussed above, the applicant may be required to provide certain off-site transportation improvements, as was the case with other developments in the area.

5.0Schools:

When the possibility of a new residential neighbourhood on this site first arose in 1994, preliminary discussions were undertaken with the Toronto and York Boards of Education and Metro Separate School Board. At that time, School Board officials indicated that existing facilities could accommodate some, if not all of the additional demand generated by, what was at that time, a much larger residential development (740 units).

Using previously submitted student generation estimates, it is estimated that the revised proposal could generate up to 200 new students (combined public and separate). Given the potential for additional students, the School Boards should be requested to review the announced potential school closures in the area.

6.0Municipal Services:

The Commissioner of Works and Emergency Services advises that water supply to the site will be adequate and that there is existing capacity in the sanitary trunk sewer to accommodate the flow generated by this development. Arrangements have been secured to ensure telephone, gas and hydro service to the development.

7.0Low-End-of-Market Housing:

The applicant is required by the Official Plan to provide approximately 30% of all units as low-end-of-market housing. To implement this policy, the owner shall submit a low-end-of-market or affordable housing implementation plan. This plan should be submitted to the Commissioner of Urban Planning and Development Services for review and approval prior to the issuance of a building permit for any phase.

For the purpose of this requirement the term low-end-of-market housing means small private market housing units suitable for households of various sizes and compositions, the price of which would not be monitored or controlled but which by virtue of their modest size relative to other market housing units would be expected to be priced for households up to the 6th percentile of income distribution for all households in the Toronto Census Metropolitan Area.

8.0Public Consultation:

In addition to several public meetings concerning the potential for a new residential development on this site when the new Official Plan for the Old Stockyards was being considered, a public meeting was held on May 27, 1998 to discuss the specifics of the current proposal. Area residents were generally supportive of the proposal. There were, however, some concerns about traffic operations in the area as a result of this and other recent developments in the area. In addition to the Traffic Impact Assessments required of new development proposals in this area, and off-site transportation improvements secured in connection with new retail development, the Commissioner of Works and Emergency Services has hired the consulting firm of Totten, Sims and Hubicki to review traffic operations in the broader area and recommend improvements to the area traffic network. A report is expected in the Spring of 1999.

In addition to this general public meeting, two separate meetings were held with existing industrial operators in the area. The Noise Impact and Air Quality Assessments were given to each industrial operator for review. Their major area of concern was that the introduction of new residential uses would lead to additional noise and odour complaints against their companies. The industrial operators indicated their interest in having at-source noise attenuation installed but required additional information to ensure there operations would not be adversely affected by these measures.

Since these meeting, the Solicitors for Banks Bros. & Son have expressed continued concern about the compatibility of a residential development with their operations and I will continue to meet with them to address their concerns. However, staff are satisfied that the proposed noise attenuation measures prescribed in the Subdivision Agreement are satisfactory and that other issues set out in the Official Plan with respect to compatibility of use have been satisfactorily addressed.

Conclusion:

The introduction of a new residential neighbourhood on the Maple Leaf Foods site is encouraged in the Official Plan policies for the Old Stockyards District. This proposal is an important step in the revitalization of the area which will contribute in a positive way to its overall image and amenity. The rezoning and plan of subdivision process will ensure that the aforementioned planning issues are addressed and that the municipal services required to serve the development are secured and provided in a timely manner.

Contact Name:

Michael Major

Telephone: (416) 392-0760

Fax: (416) 392-1330

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

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Application Data Sheet

Site Plan Approval:	N	Application Number:	195015
Rezoning:	Y	Application Date:	March 24, 1995
O. P. A.:	N	Date of Revision:	October 28, 1998

Confirmed Municipal Address:2078 and 2300 St. Clair Ave. West., and 66 Symes Road.

Nearest Intersection:	On the north side of St. Clair Av. W., west of Weston Rd.

Project Description:	To amend the Zoning By-law to permit a residential development with 352 units, comprising 340 semi-detached and 12 row houses.

Applicant:

Graywood Developments

Box 130, Suite 500, 370 King St. W.

599-1930

Agent:

Weston Consulting Group Inc.

Royal Centre, 3300 Hwy 7, Ste. 320

738-8080

Architect:

Planning Controls (For verification refer to Chief Building Official)

Official Plan Designation:		Site Specific Provision:	No
Zoning District:	I2 D2	Historical Status:	No
Height Limit (m):	14.0	Site Plan Control:	Yes

Project Information

Site Area:	92600.0 m²	Height:	Storeys:	3
Frontage:			Metres:	11.00
Depth:
			Indoor	Outdoor
Ground Floor:		Parking Spaces:
Residential GFA:		Loading Docks:
Non-Residential GFA:		(number, type)
Total GFA:

Dwelling Units
Tenure:	Private
3 Bedroom:	352
Total Units:	352

Proposed Density
Residential Density: 1.00	Non-Residential Density:	Total Density: 1.00

Comments

In conjunction with Plan of Subdivision 55T - 95002.

Status:

Preliminary Report dated April 16, 1998.

Data valid:

October 28, 1998

Section:

CP West

Phone:

392-7333

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Appendix A

Comments of Civic Officials

1.Bell Canada (July 14, 1998)

Thank you for your correspondence dated May 12, 1998 regarding the above noted Draft Plan of Subdivision.

Would you please ensure that the following paragraphs are/have been included as conditions of Draft Plan Approval:

1.Bell Canada shall confirm that satisfactory arrangements, financial and otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipality to be installed underground; a copy of such confirmation shall be forwarded to the Municipality.

2.The owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services.

If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for re-arrangements or relocation.

If you have any questions please feel free to contact our office.

2.Canadian Pacific Railway (September 14, 1998)

Canadian Pacific Railway is not in favour of residential developments adjacent to our right-of-way, as this land use is not compatible with railway operations. The health, safety and welfare of potential residents could be adversely affected by railway activities.

However, to ensure the safety and comfort of adjacent residents and to mitigate as much as possible the inherent adverse environmental factors, we request that the attached requirements be included as Conditions of Subdivision Approval. The attached measures are requirements for our industrial lead at this location which is considered an Industrial Spur Line.

Should Council decide not to incorporate the attached requirements, we have no alternative but to request that this application be referred to the Ontario Municipal Board.

I would appreciate being circulated with all future correspondence related to this application. Please quote our file number in all future correspondence.

Attachment: Industrial Spur Line Requirements

1.Setback of dwellings from the railway right-of-way to be a minimum of 15 metres. While no dwelling should be closer to the right-of-way than the specified setback, an unoccupied building, such as a garage, may be built closer.

2.A clause should be inserted in all offers to purchase, agreements of sale and purchase or lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way, warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations.

3.Any proposed alterations to the existing drainage pattern affecting railway property must receive prior concurrence from the Railway, and be substantiated by a drainage report to be reviewed by the Railway.

4.A 1.83 metre high chain link fence be constructed and maintained along the common property line of the Railway and the development by the developer at his expense, and the developer is made aware of the necessity of including a covenant running with the lands, in all deeds, obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense.

5.Any proposed utilities under or over railway property to serve the development must be approved prior to their installation and be covered by the Railway's standard agreement.

3.Consumers Gas (April 22, 1998)

We have indicated on the attached print our existing and/or proposed underground plant.

We have no objection to the above proposal, provided our standard clearances of 0.3 m minimum vertically and 0.6 m minimum horizontally are maintained.

We trust this information is satisfactory for your records.

4.Fire Department (April 14, 1995)

Please be advised that when the pertinent requirements of the Ontario Building Code have been applied relative to this project, our Department may be deemed as satisfied.

5.Medical Officer of Health (October 1, 1998)

Thank you for your request to review the following air study reports with respect to the above referenced application.

1.Letter dated September 25, 1998 regarding Air Quality Assessment Westclaire Village, P1658 prepared by Church & Trought Inc.

2.Air Quality Assessment, Westclaire Village, Graywood Developments Ltd., CTI Project P1658 prepared by Church and Trought Inc. dated July 1998; and

3.Ambient Air Quality Assessment, Westclaire Village, Report P1605 prepared by Church & Trought Inc. dated April 28, 1998;

Staff at Environmental Health Services (EHS) have reviewed the above documents and offer the following comments.

Comments:

The September 25, 1998 letter from Church & Trought Inc. (CTI) referred to findings of a "phase one" air assessment for the subject site, on behalf of Maple Leaf Foods Inc. and concluded that the focus of the air quality assessment should be on odours. The levels of contaminants discharged by industries in the area are not likely to cause an adverse effect at the subject property. This conclusion was based on a review of the type of processes involved and discussions held with Ministry of the Environment (MOE) staff familiar with the companies in the area.

The July 1998 CTI report stated that the area has a history of odour related issues related to the type of industries in the area. Residences have been in close proximity to the existing industries for decades. There has been a significant reduction in odours over the past few years as companies have closed and/or relocated and processes have been changed. The complaint history from the Ministry of the Environment indicated that the last specific complaint about odour was in October 1996. The MOE has acknowledged that there have been some general complaints about odours but note that the odour levels are significantly lower than they were. The odour assessment by CTI made the assumption that odour complaints would not be anticipated at less than two times the dilution to threshold (2 D/T) and that at levels greater than seven times the dilution to threshold (7 D/T), complaints would be anticipated. Odours detected would be dependent upon wind direction and ground level wind speed of less than 10 mph. It was found that for the study period, 8% of the readings were greater than 7 D/T. Most of the odours were described as unpleasant and of animal origin. Based on weather conditions and the test times each day, one could expect higher readings under different but relatively common atmospheric conditions such as early in the mornings during stable weather conditions.

The consultant concluded that mitigation may be required to reduce the air quality impact from industries in the area. Mitigation at the subject property may include buffers (such as berms, walls, fences, vegetation, and/or location of buildings and activity areas) and/or building specifications such as air conditioners for the residential units. In an interview with John Trought of CTI, he stated that the area has been subject to odours for some time from nearby industries. He advised that those industries which require Ministry approval have MOE Certificates of Approval (C. of A.) for air discharges. Indoor controls at residences at the subject site to improve air quality, of course, would have little effect in view of the fact that all indoor air is drawn from outside air. Indeed, the odour impact during outside activities such as outdoor barbequing, gardening, lounging or exercise would be unavoidable. The developer might consider approaching the offending industries to look at input into control of emissions to lessen the impact on the subject site. Mr. Trought cautioned that odour mitigation, whether at the subject site or additional odour controls at the sources may not necessarily provide the additional improvement to the air quality anticipated.

Staff at EHS, in reviewing the submitted documents and interviewing the environmental consultant are of the opinion that the location of the subject site is such that odour impacts from nearby industries will be unavoidable. Intervention on the part of the developer with mitigation at the subject site or greater controls at the industry sources may improve the situation somewhat. Readings taken at the subject showed a maximum of 15 D/T near St. Clair Avenue West and Symes Road. The consultant acknowledged that this reading was for that specific period of the day during the study period and that higher odour levels may have been present at other times of the day, and similarly during other times of the year there may be different levels of odour present. The western portion of the subject property was noted, in the study, to experience persistent odours exceeding 2 D/T and that a majority of the eastern side experienced faint odours. Wind speed and direction, of course, will always be factors to determine how much or how little odour an area will receive. However, given the magnitude of some of the D/T readings, even significant reductions in odour emissions from some of the industries might still result in an odour impact on the subject site that some would find offensive. The developer should ensure that adequate notification be provided to prospective occupants of this proposed subdivision to advise that there is the potential for odour impacts from nearby industries should significant odour mitigation be unsuccessful. Therefore staff at EHS recommend the following to address the odour impact from nearby industries.

Recommendations:

1.The developer should explore and implement mitigation options either at the subject site or at the sources to reduce the odour impact to the subject site. Odours at the sources should be approached in consultation with the Ministry of the Environment.

2.The developer should provide adequate notification to prospective buyers advising that the area has a high potential to be impacted by offensive nuisance odours from nearby industries.

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

6.(April 18, 1995)

Thank you for your request of April 6, 1995 to review and comment on the above referenced application. Staff at Environmental Health Services (EHS) have reviewed these plans and offer the following comments.

Comments:

The applicant proposes a major development of a new residential neighbourhood with commercial components and Site Plan Approval for specific development components which would involve redesignation from Heavy Industrial to Restricted Industrial. A review of the files available to us indicate the lands were zoned industrial in 1949. Additionally, 2211 St. Clair Avenue West was a research laboratory and also used in other services incidental to agriculture (SICCODE 239) in 1964 and 2255 St. Clair Avenue West was used for leather and allied products - hides (SICCODE 17) in 1964.

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, Demolition and Excavation Dust Control Plan and a Preliminary Ambient Air Quality Assessment. This information will help to identify any environmental concerns with respect tot eh 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 to the Commissioner of Planning and Development for review by the Medical Officer of Health, prior to the introduction of a Bill in Council.

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

3.i)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 to the Commissioner of Planning and Development for approval by the Medical Officer of Health, prior to the introduction of a Bill in Council; and

ii)the owner shall implement, under the supervision of an on-site qualified 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 Plan.

4.i)The owner shall prepare a Demolition and Dust Control 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

ii)the owner shall implement the measures in the Demolition and Excavation Dust Control Plan approved by the Medical Officer of Health.

5.The owner shall immediately conduct a Preliminary Ambient Air Quality Assessment to identify potential air quality impacts including those from all proximal sources of air pollutants and construction activities which exist at or near the subject site, to be submitted to the Commissioner of Planning and Development for approval by the Medical Officer of Health, prior to the introduction of a Bill in Council.

Please inform the owner/applicant in respect to this matter and provide them with a copy of my comments and recommendations along with the List of Department of Public Health Environmental Requirements. If you have any questions, please contact Gordon Chan at 392-7685.

7.Metro Planning (September 23, 1998)

We have reviewed the above revised plan of subdivision as requested, and submit the following comments.

The revised application was circulated to all the relevant agencies in May, 1998 and to date there have been responses from (3) of them, and copies of their letters are attached.

The agencies which have not responded are: Metro Parks and Culture, Metro Separate School Board, Metro Toronto School Board, Metro Transportation Department, Toronto Board of Education and the TTC. You may wish to contact them separately.

From Metropolitan Planning standpoint, there are no concerns with the reviewed proposal and our previous comments remain as stated.

We now await your approval of the draft plan.

8.(August 1, 1995)

Our preliminary review of this application has revealed a number of comments and issues pertaining to the proposed development.

Environmental Issues

1.Metropolitan Official Plan Policies

Due to the previous industrial uses of this site and the location of the site in an industrial area, there are several environmental matters to be addressed as indicated by the Metropolitan Official Plan. Policies 171 and 172 of the Official Plan address soil remediation. We note that past uses of the site included an edible oil refining operation, abattoirs and meat processing facilities. Preliminary investigation of the proposal suggests a possibility that soil contamination may have taken place due to these past uses.

Since this site is located proximate to actively used railway lands, policies 183 and 184 of the Official Plan apply. There is a requirement for appropriate noise abatement measures as a condition to be secured prior to final approval of plans of subdivision. Further comments and requirements with respect to soils and noise abatement are expected from the Ministry of the Environment and Energy.

Metro's Official Plan also addresses storm water management practices in policies 177, 178 and 179. In conjunction with the Area Municipalities and other governments, Metro is seeking to improve the quality of stormwater discharges. Appropriate designs, practices and technologies are encouraged to be incorporated in all new developments to reduce the volume and rate of stormwater runoff. Metro also supports and participates in the development of appropriate stormwater management strategies in co-operation with the Metro Toronto and Region Conservation Authority (MTRCA) and the Area Municipalities.

2.Ministry of Natural Resources

The Ministry of Natural Resources has requested the inclusion of a number of provisions to the official plan amendment related to concerns pertaining to stormwater management, soil erosion and the protection of fish habitats in nearby Humber River and Black Creek. Specifically, Ministry officials have requested that the amendment give recognition to the value of fishery water courses and the need to minimize negative effects from development; that appropriate storm water management practices be employed and that storm water quality control should meet Level 2 Protection criteria as outlined in Provincial guidelines ("Stormwater Quality Best Management Practices, MOEE/MNR April 1991" and "Stormwater Management and Design Manual, MOEE June 1994"); and appropriate erosion and sediment controls be implemented in order to meet the requirements of the Federal Fisheries Act, prior to stripping or grading. Any increase in concentrations of suspended solids or sediment loading may be in violation of this Act. With respect to this latter point, officials of the MNR will monitor the effectiveness of controls and take appropriate action if required.

With respect to the proposed plan of subdivision, the Ministry advises that appropriate stormwater management techniques must be implemented on the site and that it may be necessary to alter the configuration of this plan through redline revisions to provide adequate land for the requirements of the stormwater management facilities and erosion and sedimentation control measures. These latter comments are advisory only.

3.MTRCA

The MTRCA have no objections to the Official Plan Amendment and the Zoning By-law Amendment. There are also no objections to the approval of the draft plan of subdivision subject to a number of conditions, including:

1)Prior to the initiation of grading, and prior to the registration of this draft plan of subdivision or any phase thereof, the owner shall submit to the Metropolitan Toronto and Region Conservation Authority (MTRCA) and the area municipality for review and approval the following:

a)a detailed engineering report that describes how the storm drainage system for the proposed development will be dealt with including:

i)plans illustrating how this drainage system will tie into surrounding drainage systems, and indicating whether it is part of an overall drainage scheme, how external flows will be accommodated, and the design capacity of the receiving system;

ii)the location and description of all outlets and other facilities which may require permits under Provincial regulations;

iii)the location and description of all outlets and other facilities which may require permits under Provincial regulations;

iv)proposed methods for controlling or minimizing erosion and siltation on-site and in downstream areas during and after construction.

b)overall grading plans for the plans within this plan.

2)The plan be red-line revised to accommodate any stormwater management facilities required to manage either stormwater quantity or quality as determined through the report prepared to satisfy Condition 1.

3)The owner shall agree in the subdivision agreement, in wording satisfactory to the MTRCA and the area municipality:

a)to carry out, or cause to be carried out, to the satisfaction of the Conservation Authority, the recommendations set out in any and all reports referred to in Condition 1;

b)to obtain all necessary permits for works referred to in Condition 1; and

4)A copy of the fully executed subdivision agreement shall be forwarded to the MTRCA.

Housing Policies

Policies 122 and 122 b) of the Metropolitan Official Plan apply to this proposal. The achievement of a housing supply to meet the Plan's housing target of an additional 200,000 to 245,000 by 2011 is encouraged. The achievement of these targets is encouraged through the redevelopment of obsolete industrial lands such as those in this proposal.

Policy 128 suggests that Area Municipalities shall require that opportunities be created so that at least 25% of new residential units are affordable housing. In addition, these opportunities are to be considered in all developments that contain 8 or more units as specified by Policy 129. Information from the applicants indicates that the estimated cost of housing units to be constructed are in an affordable price range of $99,000 to $169,000.

Services

1.Metro Works

Metro Works has indicated that water supply for this area will be adequate. The development will be served by the Metropolitan Toronto St. Clair Sanitary Trunk Sewer for treatment at the Humber Treatment Plant. The existing capacity of these facilities is adequate.

With respect to the servicing design of the development, the applicant should be requested to reduce the volume of stormwater runoff by detaining flows for gradual release into the ground and to improve the quality of stormwater discharges as per policies 177, 178 and 179 of the Metro Official Plan.

2.Metro Community Services

Metro Community Services suggest the need for a more comprehensive plan for the provision of key community services before development commences. Suggested services include recreation for youth, open park space, settlement services for immigrants, support for single parents, community space and programs for children and youth.

The City of Toronto has addressed the issue of a Community Services Plan for this area in the DRAFT OPA report, A New Plan for the Stockyards Area, Part II Official Plan Proposals. A Community Services and Facilities Strategic Plan will be prepared in conjunction with the Final Report on Official Plan and Zoning By-law amendments for this area. The Final Report will deal with the identification of existing deficiencies in the area; the likely impact of new development on existing services; and, the report will put forth the means by which deficiencies, if any, may be addressed.

With respect to open spaces in the area, the City of Toronto has indicated the importance of linkages with Lavender Creek, the Humber Valley System and High Park; visibility of open spaces from the street; the use of abandoned rail lines; and, the need for parkland dedication in large re-development sites.

3.Toronto Board of Education

Existing Metropolitan Attendance Area arrangements suggest that most students will attend City of York schools. Another report by the Toronto Board of Education will be provided following additional review with the York Board of Education.

Other Comments

1.CN Rail

Officials from CN have requested that a warning clause be included in all Subdivision Agreements and in all Agreements of Purchase and Sale or Lease relating to potential negative impacts on the living environment of the residents due to alterations, or expansions on the existing right-of-way. The clause applies notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and the individual dwellings. This clause is to be included in the Draft Conditions.

CN has also indicated that the owner is to undertake a noise and vibration study and to recommend abatement measures necessary to achieve maximum level limits set by MOEE. This study is to be undertaken in consultation with CN and the MOEE.

CN would like to review the Draft Conditions prior to approval and to receive a copy of the Approved Draft Conditions.

2.Bell Canada

Bell Canada has requirements for both floor space and a small parcel of land granted through leasing arrangements and easements to accommodate equipment. If conflicts with existing Bell facilities should arise, the Owner/Developer is responsible for rearrangement or relocation.

3.Consumers Gas

There is no objection from Consumers Gas provided the standard clearances of 0.3 metres minimum vertically and 0.6 metres horizontally are maintained because all pipelines are located beneath public roadways.

There are a number of transportation issues with respect to the proposed road network which need to be addressed. Metro Transportation Department will be better prepared to deal with the transportation issues following the receipt of a Traffic Impact Study from the applicant. The TTC have also indicated that a response is forthcoming.

We are still awaiting comments on this proposal from the Metropolitan Toronto School Board, the Metropolitan Toronto Separate School Board, CP Rail and the Commissioner of Planning for the City of York. The Ministry of the Environment and Energy have indicated that a response will be forwarded by mid-August. We hope that these agencies can expedite their responses so that we may continue with our evaluation and analysis of this proposal.

Since an Official Plan Amendment is required to permit the proposed development, our delegated authority precludes Metro Toronto from making a decision on the subdivision plan until the Official Plan Amendment for this area is approved.

Should you have questions about this plan of subdivision, please contact Mary McElroy at 392-6578.

9.Metropolitan Separate School Board (May 31, 1995)

Further to your request for comments regarding the above-noted matter, please be advised that the following schools service the proposed amendment area and have space available for new students.

James Culnan (Elementary)

Archbishop Romero Secondary School

Saint-Noel-Chabanel (French Elementary)

Mgr-de-Charbonnel (French Secondary)

If further information is required regarding this amendment, please contact the Planning Department at 222-8282, extension 2278.

10.Toronto Transit Commission (September 8, 1998)

We have reviewed the revised site plan application and the associated Traffic Impact and Access Study and offer the following comments.

The traffic impact study does not accurately reflect the impacts of this development and other in the area on the surrounding road system. According to our review, the improvements necessary at the Keele Street/St. Clair Avenue West intersection are understated in the study and the conclusion that other signalized intersections in the area will operate at a good level of service in the 2003 horizon year is not consistent with our review or with the conclusions drawn in traffic impact studies which were done in association with other recent developments in the area.

According to the subject study, the St. Clair Avenue West/Gunns Road intersection would operate with a level-of-service (LOS) "A" in the 2003 horizon year. The Provigo traffic study, however, indicates that the following intersection improvements would be required:

-a longer eastbound left turn lane

-a longer westbound left turn lane located between relocated streetcar tracks

-a revised lane configuration on Gunns Road and,

-a northbound flashing advanced green with a longer cycle length.

Regardless of claims made in the applicant's study, the traffic generated by the subject development will contribute to the breakdown of traffic operations in the road area network. Given the large number of developments in this area, and the fact that this area is vulnerable to the cumulative effects of development, the City of Toronto should ensure that an appropriate share of the costs of all of the required transportation network improvements, including the streetcar track relocation on St. Clair east of Gunns Road, is secured from this applicant and all others in this area.

Specifically with regard to the streetcar track relocation, $262,000 has been secured from Canadian Tire and Provigo as their contribution towards the track modifications. However, as a road widening is required, I believe it would be appropriate for TTC and City staff to meet to discuss and confirm the total road and track project costs, the obligations placed on other developers in the area as far as road improvements are concerned, and the appropriate amount which the Westclaire developer should contribute. My staff will be contacting city Planning and Transportation staff to set up this meeting.

In order to accommodate a possible future extension of the streetcar tracks, separated from left turn lanes, on St. Clair Avenue west of Gunns Road, it will be necessary to widen St. Clair Avenue on both the north and south sides. A 5 m strip of property is required on both sides of St. Clair for this purpose. The Westclaire development, therefore, will be required to be set back a minimum of 5 m along its entire St. Clair Avenue frontage, with a provision for the City to acquire, at a nominal cost, this 5 m strip of land for the possible future streetcar extension/road widening. This arrangement is similar to the setback requirement which was included in the development approval of the nearby Canadian Tire on the south side of St. Clair.

11.Works and Emergency Services (November 5, 1998)

The proposal for the above-noted site, located on the north side of St. Clair Avenue West extending between Gunns Road, to the west of Symes Road, and south of the east-west rail spur, was the subject of the Departmental report of August 28, 1998. The proposed subdivision has now been revised to, among other things:

-Revise the street and lane layout to eliminate dead ends, and to refine the lane network so that they function only as access to the residential parking garages for each lot, rather than as integral components of the street circulation system.

-In conjunction with the revised street and lane layout, provide minimum road allowance widths of 15m for Street A and Street C, 20m for Street B and 11.5m for Street D, and minimum widths of 5m for each of the residential public lanes.

-In conjunction with the redesign of Street D, provide a 0.06 hectare parkette on the inside of the crescent.

-Submit a Noise Impact Study outlining proposals for noise attenuation measures required in conjunction with this development.

-Provide for possible phasing of the project as follows:

-Phase Ilots 16-37 (fronting on St. Clair)

-Phase IIlots 38-59 (fronting on St. "A")

-Phase IIIlots 1-15 (fronting on St. Clair)

-Phase IVlots 60-74 (fronting on St. "A")

-Phase Vlots 90-103 (fronting on St. "A")

-Phase VIlots 104-117 (fronting on St. "C")

-Phase VIIlots 75-89 (fronting on St. "A")

-Phase VIIIlots 118-132 (fronting on St. "C")

-Phase IXlots 133-174 (fronting on St. "C")

-Phase Xlots 164-174 (fronting on St. "D")

The owner has recently submitted a number of studies required which are currently under review by this Department. The acceptability of these studies has not been established, nor have any of the measures recommended in these studies been approved. In this regard, your Department proposes that these matters be addressed prior to the introduction of Bills in Council. Accordingly, there may be a number of requirements under the jurisdiction of this Department relating to such matters as noise, soil conditions within the road allowances, and traffic which are recommended as conditions of approval of these studies. These matters should be secured in the Subdivision and Section 37 Agreements, as appropriate. Comments on the revisions are set out below:

Revised Street and Lane Plan

The revised street and lane plan is generally acceptable. Of course, it will be necessary for the owner to submit detailed design drawings in accordance with Departmental specifications. It is noted that acceptance of Street "D" with a 11.5m road allowance width is premised on the proposal that the abutting Block 176 on the east side of the street will be dedicated as a City parkette, and that no sidewalk will be required in the parkette. If there is any change to the status of the parkette, the minimum road allowance width of Street "D" would have to be reconsidered.

Phasing

The revised proposal introduces phasing for the project. Although the construction of the project in phases is acceptable in principle, the proposed phasing will impact the municipal servicing (including roads) for the project. As a result, the servicing concept plan submitted for the project must be revised to reflect phasing for this project. In general, each phase should be constructed so that each phase will function adequately, without the necessity of further phases being constructed. The current phasing proposal would create some interim dead-end streets, which is unacceptable. In this regard, it is suggested that the phasing be revised, with the minimum infrastructure required to accommodate each phase of development, as follows:

PhaseLotsRequire Infrastructure

Phase Ilots 16-37 (fronting on St. Clair)Abutting lane and south half of Street "B"

Phase IIlots 38-59 (fronting on St. "A")Abutting portion of Street "A" and remainder of Street "B"

Phase IIIlots 1-15 (fronting on St. Clair)Abutting lane

Phase IVlots 60-74 (fronting on St. "A")Remainder of Street "A"

Phase Vlots 90-103 (fronting on St. "A")Abutting lanes and abutting part of Street "C"

Phase VIlots 75-89 (fronting on St. "A")Abutting lane

Phase VIIlots 104-132 (fronting on St. "C")Remainder of Street "C" to Symes Road and connecting lane

Phase VIIIlots 133-163 (fronting on St. "C")Abutting lanes

Phase IXlots 164-174 (fronting on St. "D")Street "D" and abutting lane

Having regard for the above, the owner should be required to submit and have approved by this Department, a phasing plan showing all roads and municipal services, prior to the introduction of the Bills in Council.

Noise Impact Statement

The owner has submitted a Noise Impact Statement for the project prepared under date of October 28, 1998 by J.E. Coulter Associates.

It is clear that noise and vibration attenuation measures will be required with the introduction of the residential subdivision into this area, however, the above-noted Noise Impact Statement is not acceptable in its current form. The acoustical consultant will be required to address additional concerns. Possible measures being contemplated at this time include the installation of at-source mitigation measures for all identified industries in the vicinity of this development, at the cost of the developer of this subdivision, to be maintained in accordance with agreements between the developer and the owners of each individual industrial use. No such agreements have been entered into to date. Another alternative would to be construct an acoustical sound barrier around the perimeter of the site.

A revised Noise Impact Statement for the project must be submitted and approved by this Department, prior to the introduction of Bills in Council, such statement to outline a proposed noise mitigation strategy, and to indicate the owner's financial obligations toward construction, installation and long term maintenance of all noise attenuation measures. The owner will be required to contribute funds to provide for the future maintenance of the approved measures, whether these measures are located at the noise source or in the form of an acoustical barrier. The measures stipulated in the approved Noise Impact Statement would be secured in the Subdivision Agreement. The issuance of building permits for each phase of the project would be deferred pending execution of agreements with the specified industries in the vicinity of each respective phase, or, alternatively, implementation of other noise attenuation measures, such as construction of an acoustical barrier around each phase, in accordance with the approved Noise Impact Statement.

The proposed Noise Impact strategy will allow the City to secure noise attenuation measures prior to the construction of the houses. However, the economic and physical feasibility of implementing the proposed noise implementation measures have not been established to date. Abutting industries may not agree to the noise mitigation measures, or the cost of the installation and maintenance of the required on-site mitigation measures (e.g. acoustical barrier) may prove too costly for the proponent. This could result in noise levels experienced by residents which would exceed the limits considered appropriate for residential developments, which is unacceptable. Furthermore, industrial users may change over time, requiring alternate or enhanced mitigation strategies.

Traffic Impact Assessment

A Traffic Study and Supplementary report have been submitted under dates of March 7, 1998 and October 26, 1998. The methodologies and approach applied in the capacity analysis contained in the traffic studies are generally acceptable.

Based on information provided in the study, the site is estimated to generate 172 and 218 total two-way vehicle trips in the morning and evening peak hours, respectively. The proposed street system is based on a linear grid system, with a through street (Street "A") traversing the subdivision in an east-west direction, connecting to Symes Road and Gunns Road. Given the substantial benefits to be derived and the City's substantial efforts to retrofit streets in many areas, this street should be designed and constructed incorporating traffic calming principles. Street "A" should incorporate a 7.5 m pavement width, which would accommodate two-way traffic and parking on one side and boulevard and sidewalk on both sides. Given the length of the blocks and the susceptibility of the neighbourhood, by virtue of its location, to experience some through traffic routings, narrowings to about 5.5 m or chicanes should be installed at about 80 m intervals.

Similarly, speed bumps should be incorporated into the design of the public lanes, in accordance with City specifications, and implemented with the construction of the lanes.

As noted in the consultant's report, traffic data and observation indicate that a number of built or approved developments could put further pressure on the operations of the arterial road network in this area. In the case of Keele Street, traffic conditions can be monitored and measures developed to discourage site traffic from seeking alternate routes on the local street system including Ryding Avenue.

It is also noted that additional street-related safety measures will be required to address the mix of truck, vehicular and pedestrian activity which will occur on Symes Road between St. Clair Avenue West and the north limit of the subdivision as a result of this development. In this regard, the applicant is required to construct sidewalks on both sides of this section of Symes Road, or pay for the construction, prior to the issuance of a building permit for any phase abutting Symes Road.

The applicant is also proposing to convey a 3-metre wide strip of land to the City along the entire St. Clair Avenue West frontage for road widening purposes, plus maintain an additional 3-metre wide setback area, in order to accommodate the possible future westerly extension of the Toronto Transit Commission's streetcar service. The 3-metre setback will also be conveyed to the City at the time of the streetcar extension. The conveyance/setback have not been identified on the current Draft Plan of Subdivision.

Consolidated Recommendations:

Having regard for the above, Recommendation Nos. 1(c), (d), (e) and (s) of the August 28, 1998 report should be amended, Recommendation No. (r) should be deleted (as the reserve strip will be eliminated), and new Recommendation Nos. 1(r), (s), (t) and (u) should be added. For the sake of clarity, the consolidated Departmental comments are set out below.

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)Comply with the parking requirements of the Zoning By-law;

(+c)Provide minimum road allowance widths as follows:

(i)Street B: 20 m;

(ii)Streets A and C: 15 m;

(iii)Street D: 11.5m :

(iv)Public lanes: 5 m minimum;

(d)Provide and maintain 1.5 m x 1.5 m triangular splays at the intersections of all lanes and at 90 degree corners;

(e)Submit a functional road plan incorporating the pavement widths, triangular splays and traffic calming principles described in this report for the review and approval of the Commissioner of Works and Emergency Services;

(f)In connection with the new public streets/lanes and the municipal services and facilities referred to in Recommendation Nos. 1(c) and 1(d), above:

(i)Engage the services of a qualified Municipal Consulting Engineer satisfactory to the Commissioner of Works and Emergency Services for the design and field supervision of all underground and surface public works services and facilities;

(ii)Prepare and submit for the approval of the Commissioner of Works and Emergency Services detailed design drawings in accordance with the City's design policies and specifications for all underground and surface public works services and facilities including a site grading plan, and construct all such services and facilities in accordance with the approved drawings and specifications;

(iii)Provide, upon completion of the work, "as constructed" drawings of all underground and surface public works services and facilities, certified by the Municipal Consulting Engineer that such services and facilities have been constructed in accordance with the approved drawings and specifications;

(iv)Provide letters of credit in the amount of 120% of the estimated cost for all municipal infrastructure for the development (sewers, waterworks, streets including intersections with existing City streets/lanes, sidewalks, lanes, street lighting, street furniture, etc.) or such lesser amount as the Commissioner of Works and Emergency Services may approve, as determined by the Municipal Consulting Engineer and approved by the Commissioner of Works and Emergency Services, prior to the earlier of issuance of a building permit or commencement of construction of the infrastructure for the development until completion of the work;

(v)Provide letters of credit in an amount equal to 25% of the value of completed municipal infrastructure as a maintenance guarantee for a period of two years from the date of completion of the work as certified by the Municipal Consulting Engineer and acceptance by the Commissioner of Works and Emergency Services;

(vi)Construct all utilities underground;

(g)Submit suggestions for a suitable name for the new streets in accordance with the guidelines set out in Clause 4 in Executive Committee Report No. 22, adopted by the former City of Toronto Council at its meeting of July 11, 1988;

(h)Remonument the street limits and proposed lot/block corners after completion of construction, if necessary;

(i)Submit to and have approved by the Commissioner of Works and Emergency Services a soil study addressing soil contamination/remediation within the proposed road allowances;

(j)Agree to defer the installation of the final coat of asphalt on each street/lane until the substantial completion of construction of buildings on that street/lane, or at such earlier timing as may be required by the Commissioner of Works and Emergency Services, acting reasonably;

(k)Submit to, and have approved by, the Commissioner of Works and Emergency Services, a Noise Impact Statement in accordance with City Council's requirements, including the identification of any proposed phasing of noise attenuation measures, prior to the introduction of a bill in Council;

(l)Have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of Works and Emergency Services that each phase of the development has been designed and constructed, and all noise and vibration attenuation measures required for each respective phase have been implemented, in accordance with the Noise Impact Statement approved by the Commissioner of Works and Emergency Services;

(m)Have a qualified Transportation Engineer certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Traffic Impact Assessment and any other traffic measures and facilities approved by the Commissioner of Works and Emergency Services;

(n)Provide, maintain and operate the noise impact, soil remediation and traffic measures, facilities and strategies stipulated in the respective plans and studies approved by the Commissioner of Works and Emergency Services;

(o)Deposit the final plan of subdivision, in the appropriate Land Registry Office, such plan to be in metric units with all lot/block corners integrated with the Ontario Co-ordinate System;

(p)Provide a digital copy of the final plan of subdivision to the City;

(q)Submit revised drawings/additional information with respect to Recommendation Nos. 1(d) and 1(e) above, for the review and approval of the Commissioner of Works and Emergency Services prior to the introduction of a Bill in Council;

(r)Provide to the City, a one-time cash contribution of $2,500 towards the supply and installation of measures required to mitigate potential impacts of traffic generated by this project on local area streets and intersections;

(s)Construct sidewalks on both sides of Symes Road, between St. Clair Avenue West and north limit of the Subdivision, to City specifications, or alternatively, pay for the cost of constructing these sidewalks, prior to the issuance of a building permit for the first phase of development abutting Symes Road;

(t)Design and construct the new public streets and lanes in accordance with the principles contained under the heading "Traffic Impact Assessment" in this report.

(u)Submit, for the review and approval of the Commissioner of Works and Emergency Services, prior to the introduction of Bills in Council, a phasing plan for the construction of roads and municipal services, such plan to ensure that no dead end roads/lanes are created at any point in the phased construction.

2. That the owner be advised of the need to:

(a)Receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the abutting road allowances;

(b)Design the St. Clair Avenue West boulevard in accordance with the guidelines of this Department; and

(c)Obtain building location and streetscape permits from this Department prior to the construction of this project.

12.(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)Comply with the parking requirements of the Zoning By-law;

(c)Provide minimum road allowance widths as follows:

(i)Street A: 20 m;

(ii)Streets B, C, D, E, F and G: 15 m;

(iii)Street H: 15 m with a 27 m diameter cul-de-sac, or a connection to Symes Road, to the satisfaction of the Commissioner of Works and Emergency Services;

(iv)Public lanes linking Streets B and C, Streets D and E and Streets F and G: 8 m (6 m pavement, 0.2 m curb, 1.5 m sidewalk, 0.3 m setback for street lighting and, if required, hydrants);

(v)All other public lanes: 5 m;

(d)Provide and maintain 1.5 m x 1.5 m triangular splays at the intersections of all lanes;

(e)Submit a functional road plan incorporating the pavement widths and turning radii described in this report for the review and approval of the Commissioner of Works and Emergency Services;

(f)In connection with the new public streets/lanes and the municipal services and facilities referred to in Recommendation Nos. 1(c) and 1(d), above:

(vi)Construct all utilities underground;

(h)Remonument the street limits and proposed lot/block corners after completion of construction, if necessary;

(i)Submit to and have approved by the Commissioner of Works and Emergency Services a soil study addressing soil contamination/remediation within the proposed road allowances;

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

(l)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;

(m)Submit to and have approved by, the Commissioner of Works and Emergency Services a Traffic Impact Assessment for the project, prepared by a qualified Transportation Engineer;

(n)Have a qualified Transportation Engineer certify, in writing, to the Commissioner of Works and Emergency Services that the development has been designed and constructed in accordance with the Traffic Impact Assessment approved by the Commissioner of Works and Emergency Services;

(o)Provide, maintain and operate the noise impact, soil remediation and traffic management measures, facilities and strategies stipulated in the respective plans approved by the Commissioner of Works and Emergency Services;

(p)Deposit the final plan of subdivision, in the appropriate Land Registry Office, such plan to be in metric units with all lot/block corners integrated with the Ontario Co-ordinate System;

(q)Provide a digital copy of the final plan of subdivision to the City;

(r)Agree to transfer title to the City of the Block of land located between the southern terminus of Street H and the property to the south of the site;

(s)Submit revised drawings/additional information with respect to Recommendation Nos. 1(c), 1(d) and 1(e) above, for the review and approval of the Commissioner of Works and Emergency Services;

2. That the owner be advised of the need to:

(a)Receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the abutting road allowances;

(b)Design the St. Clair Avenue West boulevard in accordance with the guidelines of this Department; and

(c)Obtain building location and streetscape permits from this Department prior to the construction of this project.

Comments:

Location

Rectangular-shaped parcel on the north side of St. Clair Avenue West extending between Gunns Road, to the west of Symes Road, and south of the east-west rail spur.

Proposal

Creation of a new subdivision comprised of new public streets and lanes and 316 building lots for 298 semi-detached units and 18 triples units.

Street System

The subdivision is comprised of Street A, a collector street extending between Gunns Road and Symes Road, a series of 6 north-south local streets identified as Streets B through G, and a cul-de-sac identified as Street H extending west of Symes Road then turning southerly.

The typical minimum right-of-way width for local and collector streets in the City is 20 m. The 15 m right-of-way width of Street A, which would function as a collector street serving this subdivision, must be increased accordingly. However, in the case of Streets B to H, inclusive, the provision of a 15 m right-of-way width is sufficient to accommodate a 7.5 pavement width, sidewalks, municipal services and utilities, and desired streetscaping features. On this basis, the proposed 15 m rights-of-way are acceptable.

A series of public lanes is proposed to serve this subdivision. Although 5 m is the standard width for residential public lanes in the City, the east-west lanes linking Streets B and C, Streets D and E, and Streets F and G will effectively function as part of the street system. These facilities will provide links between the local north-south streets for vehicular circulation (e.g. garbage trucks and snowploughs which could not otherwise turn around on the streets), delivery vehicles (which would likely utilize the connecting lanes to access the next street rather than backtrack down to Street A) and municipal servicing (i.e. watermains which would be installed as part of a continuous looping water distribution system). For these reasons, the connecting lanes should be designed with a minimum right-of-way width of 8 m. This width will provide for a 6 m wide pavement which is the standard width for public commercial lanes in the City, which is sufficient for trucks, such as a garbage truck, to pass oncoming or stopped vehicles. The additional 2 m width will accommodate the installation of a sidewalk (1.5 m), curb (0.2 m) and street lighting (0.3 m). In addition, the detailed design drawings must incorporate 1.5 m x 1.5 m triangular splays at the intersections of the streets and lanes.

Street H is proposed as a dead end street with a hammerhead at the south end. This is undesirable from functional and municipal servicing points of view. Garbage trucks, snowploughs and other large vehicles would have to undertake multiple-point turns within the hammerhead, or alternatively, back out to Symes Road, both undesirable options. Furthermore, the cul-de-sac would require a dead-end watermain network which, from a fire safety and efficiency perspective, is less desirable than a continuous looping water main system. Accordingly, the owner should consider redesigning the street with an 8 m wide connecting lane to Symes Road, or, alternatively, redesign the road to provide for minimum inside and outside turning radii of 8.6 m and 13.4 m for the turning facility. This could be accomplished by the provision of a 23 m diameter cul-de-sac bulb at the south end of the street within a 27 m diameter right-of-way.

The proposed 5 m wide residential lanes (excluding the connecting lanes referred to above) are acceptable, subject to the provision of 1.5 m x 1.5 m triangular splays at the intersections of these lanes with other streets/lanes.

Phasing of Road Construction

In order to prevent the proposed new City streets and lanes from being damaged during construction, the Subdivision Agreement should require that the installation of the final coat of asphalt and subsequent assumption of each street for public highway purposes be deferred until the houses on each of these streets have been substantially completed, or such alternate timing as may be deemed appropriate by the Commissioner of Works and Emergency Services.

Reserve Strip

The plans appear to indicate that there is residual land at the southerly terminus of Street H identified as Block 158. In order that the City can control access to the proposed public highway, the title of this block should be transferred to the City.

Harris Road

The owner proposes to incorporate the private road known as Harris Road into the site. Harris Road includes a residual portion of a public lane which must be closed and conveyed to the owner. In this regard, the owner has filed an application for the closing and conveyancing of this residual portion which is being processed separately. Of course, it will be necessary for this process to be completed prior to the registration of the Plan of Subdivision for the site.

The elimination of Harris Road will require adjustments to the St. Clair Avenue West boulevard, such as the elimination of the curb cut, at the expense of the owner. It will be necessary for the owner to submit a separate application to this Department for work within the road allowance.

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 advised to contact the Road Allowance Control Section (RACS) at 392-4960 regarding the site-specific permit/licence requirements.

Traffic Impact Study

The owner has submitted a Traffic Impact Study which is currently under review by this Department and will be reported on under separate cover. Any road improvements or mitigating measures required to accommodate this development, as identified in the approved Traffic Impact Study, would secured in the Subdivision Agreement for the site.

Parking

The project should comply with the parking requirements of the Zoning By-law, which requires the provision of a minimum of 1 parking space per residential unit.

Refuse Handling, Storage and Disposal

The City will provide the project with regular curbside refuse and recyclable collection service in accordance with the provisions of the Municipal Code, Chapter 309, Solid Waste.

Noise Impact Statement

The owner is required to submit a satisfactory Noise Impact Statement for the project.

Municipal Services and Storm Water Management

The existing water distribution and sewer systems located within the existing public road allowances are adequate to accommodate the development.

Preliminary municipal servicing plans are currently under review of this Department. The recommendations above require that the services be constructed in accordance with an approved plan, consistent with Departmental policies.

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. In this regard the owner has demonstrated that infiltration is not appropriate as the site does not meet the MOE's Lakefill Quality Control Guidelines and therefore, connections to the storm sewer system are acceptable, in principle, subject to the following:

a)All foundations should be drained by pump to the storm sewer, with a check valve installed on each drain connection to prevent any back flow to the basements in the case of a sewer surcharge; and

b)No inlet control devices are installed in any of the proposed catch basins.

Soil Contamination

Although your staff have indicated that the entire site is being remediated to residential standards, no soil studies have been received by this Department to date. As indicated above, the site does not meet the MOE's Lakefill Quality Control Guidelines. Accordingly, further information is required to be submitted for the review and approval of this Department in order to ascertain whether the soil conditions in the proposed road allowances are acceptable for public highway purposes.

Plan of Subdivision

The final plan of subdivision, which must be deposited in the appropriate Land Registry Office, should be in metric units with all lot/block corners integrated with the Ontario Co-ordinate System. The owner should be required to provide a digital copy of the final plan of subdivision to the City.

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

-(October 27, 1998) from Catherine A. Lyons, Goodman Phillips and Vineberg; and

-(November 11, 1998) from Ian Wheal, Ontario Society for Industrial Archeology.

Insert Table/Map No. 1

2078, 2300 St. Clair Avenue

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2078, 2300 St. Clair Avenue

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2078, 2300 St. Clair Avenue

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2078, 2300 St. Clair Avenue

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