February 15, 1999
To:East York Community Council - April 20, 1999
From:Ted Tyndorf
Director, Community Planning - East District
Subject:Proposed Draft Plan of Subdivision No. 55T98701
Toronto Baltimore Developments Limited
c/o The Goldman Group
1590 O'Connor Drive
Purpose:
This report concerns a 2.25 hectare (5.6 ac.) property located at 1590 O'Connor Drive. Its
purpose is to recommend approval of a 13 block draft plan of subdivision submitted by
Toronto Baltimore Developments Limited, and proposed to be developed with up to 55
townhouse dwellings, a minimum of 8 semi-detached dwellings, up to 31 main street
residential-commercial buildings, and a 1,125 m2 corner parkette.
Financial Implications:
Costs associated with this development will be borne by the developer.
Recommendations:
It is recommended that City Council:
1.approve the Draft Plan of Subdivision 55T98701 prepared by Schaeffer & Dzaldow
Limited, and dated November 23, 1998 on the lands described as Part of Block D, Registered
Plan 3683 City of Toronto (Formerly Borough of East York subject to the incorporation of the
red-line revisions shown in Appendix 'A' attached, and described in the following clauses a),
b), c) and d):
a) the adjustment of the limits of block 13 to increase its area from 1,110 m2 to 1,125 m2 to
reflect the standard set out in the implementing zoning by-law;
b) the adjustment of the statistical information on the face of the Draft Plan to factor in the
change made to the size of the park and to ensure By-law compliance;
c) deletion of Block 12 and inclusion of this land as part of the laneway right of way; and,
d) creation of a new Block 12 along the side of Block 1;
subject to the following conditions:
1)The owner shall agree that:
a) all streets and lanes included within the Draft Plan shall be dedicated as public highways to
the City of Toronto without monetary consideration and free of all charges, liens and
encumbrances and the dedications shall be shown as dedicated on the final plan prior to
registration; and,
b) with the exception of 'Street 2' no vehicular access shall be permitted directly onto
O'Connor Drive, or directly onto 'Street 2', at any time in the future to serve this development
without the approval of the Commissioner of Works and Emergency Services.
2)The owner will be responsible for:
a)ensuring that all streets and lanes included within the Draft Plan are named to the
satisfaction of the City. The subdivision agreement shall contain appropriate provisions to
ensure that street and lane names are specifically approved by the City, and that this is done
prior to the registration of the Plan of Subdivision; and
b)ensuring that all traffic and street name signage within the Lands is provided and installed
to the satisfaction of the City. A detailed traffic signage plan and pavement marking will be
required at the time of Engineering submissions.
3)The owner shall ensure that all public highways, lanes and curb radii are designed and
constructed in accordance with the City's specifications and with the Ontario Provincial
Standards for road and intersection design, turning circles, day-lighting triangles, and 0.3
metre (1.0 ft.) reserves;
4)The owner shall agree in the subdivision agreement that all portions of the public
highways, which are not paved, and all drainage swales on public or private property shall be
graded and sodded to the satisfaction of the City.
5)Prior to final approval of the draft plan of subdivision or any portion thereof, the owner
shall enter into one or more servicing, subdivision or development agreements with the City in
order to satisfy the financial, servicing and other requirements of the City, including the
construction and installation of municipal services on or off site (including inter alia, roads,
curbs, gutters, sidewalks, landscaping, watermains, sanitary sewers, storm sewers, street
lights, street name and regulatory traffic signs to accommodate the development), payment of
all costs incurred by the City in the approval of the plan of subdivision, preparation and
registration of the agreement on title and completion of all conveyancing in connection
therewith, and the incorporation of the conditions of draft plan approval.
6)The owner shall be required to pay all costs for the servicing of the Lands. The Lands
shall be serviced from both Northline Road and O'Connor Drive to the satisfaction of the
City.
7)The owner shall agree in the subdivision agreement to construct the underground and
above ground municipal services in accordance with the latest Ontario Provincial Standards
and/or City's standards, and shall be required to enter into a Servicing Agreement with the
City for the construction of all municipal services associated with the plan.
8)The owner shall provide the City with a comprehensive insurance coverage, and with a
financial guarantee by way of an irrevocable letter of credit, for the installation and
maintenance of all works required to be constructed by or on behalf of the owner, in the
amount and on such terms as are satisfactory to the City.
9)The plan of subdivision or any portion thereof shall not be given final approval for
registration until such time as storm and sanitary sewer outlets, water distribution systems,
and site access via local and collector road systems are available or other arrangements
satisfactory to the City have been made.
10)The owner shall obtain the City's and/or the Ministry of Environment (MOE) certificates
of approval for the installation of watermains, sanitary sewage works, and storm sewage
works.
11)The owner shall agree in the subdivision agreement:
a)to be responsible for the proper drainage within the lands encompassed within the plan of
subdivision and for the effect of such drainage on all lands abutting the draft plan;
b)that all lot and block grading plans shall be prepared by the engineer for the owner in
accordance with the City's design specifications and/or standards and shall be submitted to the
City for approval and that individual lot grading plans for each lot on the plan are to be
provided prior to the issuance of any required building permits;
c)to develop the lands within the plan of subdivision in accordance with the approved
grading plans and individual lot grading plans; and,
d)that the overall lot and/or block grading plans and the individual lot grading plans are to
reflect minimal grade changes in areas of any trees that may be required to be retained.
12)The owner shall agree in the subdivision agreement to provide, prior to final approval of
the plan of subdivision or any other portion thereof, a detailed engineering and drainage report
completed to the satisfaction of the City describing and/or showing the following:
a)the selection of the best Stormwater Management Practices, in particular source controls
to be implemented within and external to the plan;
b)the stormwater management techniques which will be required to address water quantity
and water quality;
c)plans illustrating how the drainage system will tie into the surrounding drainage system,
and the design capacity of the receiving system;
d)the location and description of all outlets and other facilities which may require permits
under Provincial regulations;
- the storm water management techniques which will be required to minimize the amount of
stormwater directed into the applicable watercourse or detention facility (on or off site);
and,
f)overall grading plans for the lands within the draft plan;
13)The owner shall agree in the subdivision agreement to provide the City with computer
generated (CAD) drawings of the plan of subdivision and of all reference plans. These plans
shall be tied to horizontal control at maximum of three locations at the extreme corner of the
plan. As built engineering drawings are to be provided in a digital exchange format (DXF)
compatible with the City's computer system.
14)The owner shall pay the cost of supplying and installing horizontal and vertical control
and certification for the Lands by an Ontario Land Surveyor as part of the City's survey
monumentation program.
15)Prior to final registration of the Draft Plan, the owner shall convey to the City, without
monetary consideration and free and clear of all liens, charges and encumbrances, Block 13 as
shown on the red lined Draft Plan for parkland purposes. In addition the owner shall be
required to make a cash in lieu of parkland payment, to the satisfaction of the City in
accordance with former Borough of East York By-law No. 85-93, as amended using 1
hectares per 300 units as the alternative dedication rate in the formula set out in Schedule 'A'
thereto. This money shall be used for the park improvement referred to in Condition 18 below.
Any excess proceeds shall be paid to the City.
16)The owner shall make such park improvements to Block 13 as may be required by the
City, at the owner's expense and to the satisfaction of the Commissioner of Economic
Development Culture and Tourism. The owner shall submit, prior to the final registration of
the Draft Plan, for the approval of the Commissioner of Economic Development, Culture and
Tourism a park improvement plan and shall carry out all improvements of the plan within a
period of one year from the date of registration of the Draft Plan. The park improvement plan
shall become a schedule to the subdivision agreement.
17)The owner shall ensure that the park shall be designed in a visually attractive manner
capable of serving as a focal point of the development and that at minimum it shall include the
following improvements:
a) a walkway connection to O'Connor Drive;
b) a seating area;
c) junior playground equipment; and,
d) and appropriate lighting fencing vegetative screening and landscaping;
all to the satisfaction of the Commissioner of Economic Development, Culture and Tourism.
18)The owner shall grant to the City or other appropriate authority, without monetary
consideration and in priority to all charges, liens and encumbrances, access, 0.3 metre (1.0 ft.)
reserves, drainage and other required servicing such easements or conveyances in fee simple
as may be required for any utility, purposes.
19)The owner shall agree in the subdivision agreement to:
a)make satisfactory arrangements financial and otherwise and to obtain the approvals of the
appropriate utility companies for the installation of electric, gas, cable, telephone and
telecommunication services.
b)install these services underground within the road allowances or within other appropriate
easements, which easements shall be granted by the owner to the utility company without
monetary consideration and in priority to all charges, liens and encumbrances; and
c)prior to the execution of the servicing agreement, provide the City with written
confirmation that the owner has satisfied all these utility companies' requirements.
20)The owner shall agree to satisfy all of the capital, servicing and other requirements,
financial or otherwise, of Toronto Hydro-Electric Commission (Toronto Hydro) related to the
proposed plan of subdivision, including but not limited to:
a)entering into a financially secured agreement with Toronto Hydro in a form satisfactory to
Toronto Hydro's solicitor, at the owner's expense;
b)constructing such services as may be required by Toronto Hydro to service the proposed
subdivision with hydro-electric service, at the sole cost and expense of the owner, as may be
required by Toronto Hydro, including the provision of underground electrical distribution
systems, street lighting and the cost of bringing the hydro plant and service to the limits of the
proposed draft plan;
c)constructing all hydro related works and services required pursuant to this condition or in
the agreement referred to above, in accordance with the Toronto Hydro's specifications and
policies and pursuant to the direction of Toronto Hydro's Customer Facilities Design and
Construction Department;
d)granting to Toronto Hydro or the City, as directed by Toronto Hydro,
any easements that may be required for Toronto Hydro's needs related to the proposed plan of
subdivision, free and clear of all liens, charges and encumbrances, at no cost to Toronto Hydro
and in a form satisfactory to Toronto Hydro's solicitor;
e)submitting plans in an electronic form, acceptable to Toronto Hydro, for all of the works
and services required by Toronto, and requesting Toronto Hydro's estimate of cost of all such
works and services;
f)ensuring that the style of the street lighting meets with the City's approval;
g)the location and number of duct banks, transformer pads, transformers, cabling and metres
to be provided at the owners' expense shall be determined by Toronto Hydro; and,
h)street lights shall be installed by the owner, at the owner's expense in locations as
specified by Toronto Hydro. The owner shall submit to the City and to Toronto Hydro for
their approval, a street lighting plan for the streets, and lanes which shall comply with City
and Toronto Hydro standards. Alternatively, the owner shall make arrangements with Toronto
Hydro to undertake this work and reimburse Toronto Hydro for cost of the construction of
such services (at the option of Toronto Hydro). The owner shall ensure that all of the works
set out in the approved street lighting plan is carried out to the satisfaction of the City.
21)The owner shall provide separate utility and service connections for the units fronting on
O'Connor Drive.
22) The owner shall make satisfactory arrangements with Canada Post and the City for the
provision of suitable sites for the installation of Canada Post mailboxes, or such other
arrangements as Canada Post may approve.
23)The owner shall agree in the subdivision agreement to employ energy and water saving
devices in all the homes to be built within the plan to the satisfaction of the City.
24)Prior to the issuance of any building permit for the proposed development, the Owner
shall provide a record of site condition as outlined in MOEE guidelines.
25)If required by the City, soil tests shall be conducted on the Lands by an approved
independent testing laboratory as may be directed by the Chief Building Official and such
laboratory shall investigate and report on the stability of the soil, and its ability to sustain
superimposed loads resulting from building and filling operations; all such tests and reports
shall be made without expense to the City and certified copies of the results thereof shall be
furnished to the Chief Building Official.
26)Prior to the registration of the plan and the construction of services and/or structures on
the Lands, the owner shall submit for the City's review and approval a soils and Geotechnical
report which shall confirm the sufficiency and adequacy of the soil to sustain the municipal
services to be constructed on the Lands.
27)The owner shall submit for the City's review and approval a noise impact assessment
and shall agree in the subdivision agreement that any recommended separation distances,
noise control features/measures (including noise attenuation fences if required) and warning
clauses established through that review to be appropriate, shall be implemented.
28)Prior to issuance of any building permits the owner shall deposit funds with the City for
the review of the building drawings and specifications by an independent qualified consultant,
to ensure the conformance with MOE Noise Guidelines and the City's requirements with
respect to noise.
29)The owner shall provide, at its own expense, such fencing, in such locations, as may be
required by the City. All fencing shall be shown on a landscape plan for the lands which plan
shall be implemented by the owner, at the owners expense within one year of the approval of
the plan by the City. Any fencing on the road allowance shall be located at least 0.3 m. from
the edge of the sidewalk and installed as per the requirements of the City's Fence By-law.
30)Prior to the final registration of the draft plan of subdivision, the owner shall agree:
a)to prepare a report, identifying any trees which are located on the lands and which are
worthy of preservation, and detailing the manner in which these trees will be protected during
and after construction;
b)to provide appropriate security satisfactory to the City, to guarantee preservation of trees;
and,
c)not to remove any trees without the specific consent of the City.
31)The owner covenants and agrees that upon the registration of the overall final plan all
diseased and dead trees upon the Lands covered by the proposed plan of subdivision will be
cut down and removed from the Land. The decision of the Commissioner of Economic
Development Culture and Tourism shall be final as to the designation of such trees as diseased
or dead and as to the manner of disposal of diseased trees.
32)The owner shall submit for the approval of the Commissioner of Economic Development
Culture and Tourism a landscaping plan for the landscaping of all of the Lands and a
streetscape plan for adjacent municipal lands and shall carry out all of the approved
recommendations of such plans at its own cost and expense.
33)The owner shall sod, to the satisfaction of the Commissioner of Economic Development,
Culture and Tourism all the lands within the plan of subdivision, with the exception of those
lands required for roads, sidewalks, walkways and driveways, or where the natural ground
has, in the opinion of the Commissioner of Economic Development Culture and Tourism
remained undisturbed by construction.
34)The owner shall agree to:
a) upgrade the sidewalks on O'Connor Drive;
b)remove existing curb cuts, strengthen sidewalks were they pass through entrances and
provide for replacement of sidewalk damaged by construction;
c)construct sidewalks along both sides of Streets '1', '2','3', and '4' and along one side of
Lane '2', and ensure that they are located and built in locations and in a manner specified and
approved by the City;
d) ensure that sidewalks leading to the proposed public lanes are continuous, and that ramps
are constructed for sidewalks at any roadway or laneway intersections with O'Connor Drive
and Northline Road, and for any internal intersections of public roads;
e)construct both on the Lands and at appropriate locations along the public sidewalk,
wheelchair ramps to ensure that the site is fully accessible to disabled persons; and,
f) construct any new sidewalks within the Draft Plan, to a minimum width of 2.0 metres.
The above works shall be completed to the satisfaction and approval of the Commissioner of
Works and Emergency Services.
35)The owner shall bear the cost of relocation by the City of any City facilities and/or street
furniture including, but not limited to, hydrants, catch basins, bus shelters and benches.
36)Fire hydrants shall be provided by the owner at the end of the dead-end sections of
watermain.
37)The owner shall agree to pay for the cost of the hiring of consultants, by the City, to
review the design of the subdivision servicing and for the provision of any required inspection
functions during the construction of the subdivision servicing.
38)All warning clauses contained in the subdivision agreement shall also be contained in
Agreements of Purchase and Sale and Leases for the applicable lots.
39)A warning clause shall be included in the subdivision agreement advising the
prospective purchasers that the lanes on the Draft Plan will receive the lowest priority for
snow ploughing and at times may not be cleared at all.
40)The subdivision agreement shall provide that all individual lots within the registered
Draft Plan shall be created by further application for exemption from the part lot and block
provisions of the Planning Act.
Background:
On October 1, 1998, Council approved Official Plan and Zoning By-law amendments
permitting the development of this site with a 94 unit project comprised of a mix of
townhouse and semi-detached dwellings, main street commercial-residential buildings located
along the site's O'Connor Drive frontage and a corner parkette. The "Red Lined Draft Plan of
Subdivision" conforms to Council approved Official Plan and Zoning By-law amendments.
These have since been referred to the Ontario Municipal Board for adjudication. As of the
writing of this report the Board has not scheduled a hearing.
Additional relevant information detailing the project statistics, planning framework, and
issues relevant to the applications' approval is contained in Staff's Report to the, October 1,
and 2, 1998, City Council Meeting.
Comments:
The completion of the project will require approval of applications for site plan approval and
for the lifting of part lot control. Staff have had preliminary discussions with the developer
regarding the former application and we have been told that it will be submitted in early
March 1999.
The exemption from part lot control is required because the proposed subdivision (see
Appendix 'A') consists of 13 blocks of land and does not delineate the individual lots to be
created. Thus the owner will have to further subdivide each block by applying to lift part lot
control under the Planning Act, sometime in the future. This is a common form of lot division
for the development of freehold townhousing. The application to lift part lot control is
generally made after the project has been constructed. This ensures that the lot lines of each
individual lot correspond with common party walls and eliminates the need for later boundary
adjustment via Committee of Adjustment variance applications. The lot sizes (frontage, depth)
are regulated in the previously enacted site specific zoning by-law No. 848-1998.
The proposed draft plan of subdivision includes a 1,125 m2 block offered by the owner for
dedication to the City as parkland. The municipality has an option to accept either land for
parks purposes or cash in lieu of the parkland dedication at the rate of 1 hectare per 300 units
instead of 5%. In this instance, at the request of the owner, the Economic Development
Culture and Tourism Department has indicate a willingness to support the dedication of Block
13 shown on Schedule 'A' for the creation of a parkette. They did this on condition that the
owner contributes to the parkette's improvement. This will be accomplished by applying the
formula in By-law 85-93 to calculate the cash in lieu payment representing the balance of the
dedication.
The application was circulated to the requisite commenting agencies and departments for
review. The comments received have been incorporated as conditions of approval on pages 1
to 10 inclusive.
As per the requirements of the Planning Act, this application has to be presented to the public
at a public meeting under the Planning Act. It has been set for April 20, 1999. Notice of the
public meeting was mailed out to all land holders within a 120 metre radius and to all
interested parties on file with the City Clerk.
Conclusion:
Staff recommend that Council approve the proposed revisions to the draft plan and conditions
of draft plan approval as outlined in the report.
Contact Name:
Jean Besz,
Senior Planner East York District Office
(416) 397-4647-tel no.
(416) 397-4582-fax
planning@borough.eastyork.on.ca
Ted Tyndorf
Director, Community Planning East District
JB/jb