May 12, 1999

To:North York Community Council

From:Rob Dolan

Acting Director, Community Planning, North District

Subject:FINAL REPORT

DRAFT PLAN OF SUBDIVISION

Bearpoint Group Inc.

50 and 60 Oak Street

Part of Lots 28 & 29, Plan M-458, being Part of Lot 9, Conc. 5 W.Y.S.

Ward 6 - North York Humber

UDSB 1239

Purpose:

The purpose of this report is to recommend draft plan of subdivision approval at 50 and 60 Oak Street. The proposal is to permit the development of this 8.47 hectare (20.96 acres) site with 83 single detached dwellings, 59 freehold townhouse units, and low-impact industrial uses located along the Oak Street frontage. The red-lined draft plan of subdivision is shown on Schedule "C". Notice for a public meeting on the draft plan of subdivision has been given for the May 26, 1999 Community Council Meeting.

Recommendations:

It is recommended that the subdivision application be draft plan approved, subject to the conditions directed by Council at its meeting of December 16 and 17, 1998, which will be secured through the subdivision agreement with the owner, and subject to the following conditions:

(1)That this approval applies to the draft plan of subdivision prepared by Schaeffer and Dzaldov Limited, dated May 10, 1999 (Drawing number 98096-2F), all as shown revised on Schedule "C" to this report to show 83 one family detached lots, 3 multiple family residential townhouse blocks, 2 park blocks, and 1 industrial block.

(2)That Streets 'A', 'B' and 'C' shall be dedicated as public highway on the final plan.

(3)That Blocks 88 and 89 shall be conveyed to the City as public parkland free and clear of all encumbrances.

(4)That Block 90 shall be dedicated as public walkway, free of all encumbrances, on the final plan.

(5)That Block 91 be dedicated and shown on the final plan as a municipal 0.3m reserve.

(6)That prior to final approval and registration of this plan, the owner shall agree in the subdivision agreement, in wording satisfactory to the Medical Officer of Health and to the City Solicitor, to carry out or cause to be carried out the Recommendations of the Report prepared by Gartner Lee Limited titled Evaluation of the MacMillan Bloedel Property at 50 Oak Street in Weston, Ontario for Residential / Parkland Land Use dated June 1998, and the Recommendations of the Report prepared by Angus Environmental Limited titled Peer Review Comments for 50 and 60 Oak Street dated October 1998, and any addendums to these reports as may be required by the City for the remediation of soils at this site. Further, the owner shall agree in the subdivision agreement with the City to submit a Record of Site Condition, acknowledged by the Ministry of Environment, prior to issuance of any building permits on the site.

(7)That prior to final approval and registration of this plan, the owner shall agree in the subdivision agreement, in wording satisfactory to the Director, Community Planning, North District to carry out or cause to be carried out the landscape plans prepared by John D. Bell Associates Limited, dated May 4, 1999, (drawing number 50-600AKST-TTL.dwg) or any addendums to these plans as may be required by the City, all of which shall be prepared to the satisfaction of the Director, Community Planning, North District, and the Commissioner of Economic Development, Culture and Tourism.

(8)That the owner grant all easements as may be required for the provision of services and utilities to the authority having jurisdiction.

(9)That the owner grant an emergency access easement of a minimum 6.0 metres to the satisfaction of the Director of Transportation Services - District 3, Works and Emergency Services.

(10)That prior to final approval and registration of this plan, the owner shall agree in the subdivision agreement, in wording satisfactory to the Medical Officer of Health and to the City Solicitor, to carry out or cause to be carried out the Recommendations of the Report prepared by Jade Acoustics Incorporated titled Environmental Noise and Vibration Feasibility Assessment, dated May 4, 1999, and any addendums to these reports as may be required by the City for the abatement of noise and vibration control. Further, the owner shall agree in the subdivision agreement with the City to provide warning Notices in all Offers of Purchase and Sale Agreements in wording satisfactory to the City.

(11)The Standard Conditions of Approval of Council (Schedule E).

(12)The conditions of Economic Development, Culture and Tourism (Schedules F1, F2 and F3).

(13)The conditions of the Technical Services Division, Works and Emergency Services (Schedules G1, G2 and G3).

(14)The conditions of the Transportation Services Division, Works and Emergency Services (Schedules H1, H2 and H3).

(15)That prior to final approval and registration of this plan, the owner shall agree to carry out or cause to be carried out the Canadian Pacific Railway's Principle Main Line Requirements to the satisfaction of the Director, Community Planning, North District, and the Canadian Pacific Railway (Schedule I).

(16)That prior to final approval and registration of this plan, the owner shall agree to carry out or cause to be carried out the construction of a landscaped berm and an acoustical wall along the lands that abut the railway, including a safety wall adjacent to Block 89, and prepare suitable plans and drawings for such berm and walls all to the satisfaction of the Director of Community Planning, North District, and the Canadian Pacific Railway.

(17)That prior to final approval and registration of this plan, the owner shall prepare a composite utility plan demonstrating that all utilities are able to be accommodated within the boulevard space shown on the final plan, all to the satisfaction of the Director, Community Planning, North District, and the affected utility corporations.

Notes to Draft Approval

(A)Toronto Hydro is to confirm that the Owner has made satisfactory arrangements to enter into an underground supply agreement with Toronto Hydro.

(B)Bell Canada is to confirm that the Owner has made satisfactory arrangements, financial and otherwise, with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the City to be installed underground; and if there are any conflicts with existing Bell Canada facilities or easements, the Owner shall be responsible for rearrangements or relocation.

(C)The Enbridge Consumers Gas standard clearances of 0.3 metre minimum vertically and 0.6 horizontally are to be maintained.

Background:

Proposal:

The subject property was previously occupied by the MacMillan Bloedel lumber yard . The proposal is to permit a plan of subdivision consisting of single detached dwellings and freehold townhouse units, to be developed north of an M1 zone along the Oak Street frontage, which permits a range of business, light manufacturing, and institutional uses.

The official plan and zoning amendment applications were approved by Council at its meeting of December 16 and 17, 1998. Official Plan Amendment No. 471 was adopted by Council at its meeting on April 13, 14 and 15, 1999, and the Notice of Decision appeal period ends May 18, 1999. One of the conditions of approval by Council in December 1998 was that the applicant shall obtain draft plan approval of a plan of subdivision prior to the enactment of the zoning bylaw.

The pertinent statistics in the proposed draft plan are cited in the following table.

Note: minor adjustments in area for single detached dwellings, industrial uses, and streets are expected due to redlining.

Location and Existing Site:

The site is located south of Highway 401, on the north side of Oak Street, east of Weston Road between the Canadian Pacific Railway line and Galewood Drive. The site is located in the Pellatt Avenue Business Park and was occupied by a manufacturing operation, MacMillan Bloedel. Residential uses such as semi-detached dwellings and single family dwellings are located to the east and southeast of the site. Pellatt Park is located to the north of the site.

There are existing industrial uses to the south and west. In particular, the Visioneering Corporation, which is a stable and viable manufacturing operation, is located directly south across Oak Street.

Official Plan and Zoning:

OPA 471 redesignates most of the lands as RD2 and LOS, while the Oak Street frontage remains designated as Industrial (IND). The current zoning for the entire site is M2(56) (Industrial Zone Two, Exception 56), permitting primarily industrial employment uses. The Official Plan designations and the current zoning of this site and surrounding lands are shown on Schedules "A" and "B".

The zoning amendment application requests a change in zoning from M2(56) to an R7 exception zone for the single family detached dwellings (Lots 1 to 83 inclusive), an RM1 exception zone for the townhouses, O1 for the proposed parks, and M1 for the industrial uses. The proposed zoning amendment, including an exception for the M1 zone to prohibit public self-storage, place of worship, club and automotive repair shop, as directed by Council, will be enacted once the plan of subdivision has received draft approval.

Comments:

Other Department and Agency Comments:

The Economic Development, Culture and Tourism Department, Policy and Development Division advises that the applicant meets the required 5% parkland dedication requirement. The applicant will be required to provide a landscaping plan, subject to the Commissioner of Economic Development, Culture and Tourism, which addresses landscaping treatment along the crash wall and acoustical fence abutting the park. The Department's comments are contained in three memoranda attached as Schedule "F".

The Technical Services Division of the Works and Emergency Services Department has provided several conditions, and has indicated that a reduced right-of-way width, from 20 metres to 18.5 metres is acceptable for Street 'C' and for the cul-de-sac portion of Street 'A', north of its northernmost intersection with Street 'B'. This Division also advises that remediation of the hydrocarbon impacted soils must be conducted prior to any municipal servicing commencing to facilitate the proposed land use. The Division's comments are contained in three memoranda attached as Schedule "G".

The Transportation Services Division of the Works and Emergency Services Department cites requirements for the paying for the installation of signage, the provision of public sidewalks, and emergency access across the industrial block between Street 'B' and Oak Street. The Division's comments are contained in three memoranda attached as Schedule "H".

Canadian Pacific Railway advises that the applicant is required to meet CPR's standard requirements for residential developments adjacent to existing CPR lines. These requirements include a non-development zone of 30 metres adjacent to their railway right-of-way, which is included in the zoning that has been approved in principle. CPR's standard conditions are included in this report's recommended conditions of draft plan approval (refer to Schedule "I").

Comments from Toronto Hydro, Bell Canada, and Enbridge Consumers Gas, are attached as Schedules "J", "K" and "L", respectively.

The Toronto District School Board anticipates the students from the proposed development currently can be accommodated at local schools and does not indicate any objection to the proposal (refer to Schedule "M").

The Toronto Catholic District School Board objects to the proposed plan of subdivision due to lack of permanent facilities and overcrowding at local schools (refer to Schedule "N").

Community Consultation:

A community meeting was held on June 25, 1998 with the local councillors and a number of land owners from the area in attendance. The main issue discussed was with regard to the road design. The local ratepayer association, Pelmo Community Park Community Association, has stated in a letter to the applicant that they prefer a site design which does not extend any new street through to Pellatt Avenue. The proposed road design does not extend Pellatt Avenue (refer to Schedule "C").

At the statutory Public Meeting for the official plan and zoning amendment application on December 9, 1998, Community Council recommended that prior to final approval of the plan of subdivision the applicant shall fund the construction of two bocce courts in Pelmo Park and half the cost of installing the traffic calming measures approved for Wendell Avenue, Gary Drive and Yelland Street. City Council adopted these conditions at its meeting of December 16 and 17, 1998. These requirements of Council continue to apply.

Discussion:

A list of principles of development for draft plan approval was included in the final report for the official plan and zoning amendment application, dated November 26, 1998, and is attached as Schedule "D" to this report. A description as to how each of these principles has been satisfied is outlined below.

Draft Plan of Subdivision

The draft plan of subdivision originally referenced in the November 26, 1998 report has been revised and further red-lined as shown on Schedule "C". The draft plan approval will now apply to the draft plan of subdivision prepared and certified by Schaeffer and Dzaldov Limited, Ontario Land Surveyors, dated May 10, 1999 (drawing number 98096-2F), red-lined by widening the right-of-way proposed for Street 'B' to 20 metres.

Environmental Conditions

The applicant is required to demonstrate to the satisfaction of the City and MOE that environmental concerns related to the introduction of residential uses on this industrial site have been addressed.

The environmental site assessment reports that have been submitted in support of the application have been evaluated by a peer review consultant retained by the City. The peer review report concurs that the site is suitable for the proposed mix of uses. The associated comments of the Works and Emergency Services Department is are contained in Schedule "G3". The suitability of the soil conditions to accommodate the proposed residential and park land uses should be verified by a record of site condition at the appropriate time, and acknowledged by the Ministry of Environment prior to the issuance of any building permit.

A noise and vibration feasibility study has been submitted by the applicant to address potential noise and vibration impacts. The consultants conclude that vibration mitigation is not needed, but that due to road, rail, aircraft and industrial noise, acoustical abatement and alternate means of ventilation, as well as warning clauses in Offer of Purchase and Sale agreements, are recommended. The Public Health Department has reviewed the consultants' report and concurs that the proposed development is feasible with such actions, and recommends that a detailed noise and vibration report be provided once final grading plans are completed (refer to Schedule "O").

Copies of the environmental reports are available for review in the offices of the Community Planning Division, North District, during normal office hours.

At the public meeting for the official plan and zoning amendment application on December 9, 1998, the owner of Visioneering, a manufacturer of lighting equipment at 35 Oak Street, stated that he was concerned the proposed development may place limitations on the company's operations as a result of more stringent vibration and noise controls. The applicant has recently indicated they are now in negotiations to sell the subject site's industrial portion fronting on Oak Street to Visioneering (refer to letter dated April 13, 1999, attached as Schedule "P").

Easements

The applicant, through the execution of the subdivision agreement, will be required to grant any necessary easements for all required utilities and services to the authority having jurisdiction.

Standard Conditions of Approval

The applicant, through the execution of the subdivision agreement, will be required to satisfy of the standard conditions of approval as set out in Schedule "E".

Location of Park

The preferred location of the proposed park has been settled between the applicant and the City. The preferred location is Block 89 shown on the draft plan of subdivision dated May 10, 1999. As a condition in the subdivision agreement, the applicant will be required to convey Block 89 to the City, as well as lands for a parkette (Block 88), to satisfy the parkland dedication requirements.

Road Allowance

The applicant and the Works and Emergency Services Department have agreed on a reduction to the road allowance from 20 metres to 18.5 metres for the northern portion of Street 'A' and all of Street 'C'. The draft plan also proposed 18.5 metre road allowances for the east-west legs of Street 'B', but this would not comply with Council policy, so the draft plan has been red-lined as shown on Schedule "C" to this report to stipulate that all of Street 'B' shall have a 20 metre right-of-way.

Secondary Emergency Access

A secondary emergency access is necessary from Oak Street into the subdivision to ensure that emergency vehicles have an alternate route into the subdivision in case Street "A" is blocked. The applicant will be required to grant an easement across the industrial lands fronting onto Oak Street to the City. The width of the easement must be no less than 6 metres.

Landscape Plan

The applicant has submitted a landscape plan for the entire site prepared by John D. Bell Associates Limited. The landscape plan includes the tree preservation plan. The landscape plan shall be approved to the satisfaction of the Director, Community Planning Division, North District, and the Commissioner of Economic Development, Culture and Tourism, prior to the plan of subdivision being granted final approval. Copies of the landscape plan are available for review in the offices of the Community Planning Division, North District, during normal office hours.

Further to the direction of Council at its meeting of December 16 and 17, 1998, a review of the location and design of the proposed townhouses and industrial buildings will be completed through the site plan approval process.

Technical Grading Analysis

As part of the applicant's Engineering submission, a technical grading analysis has to be submitted and coordinated with staff in the Planning Department to finalize building heights and established grade.

Canadian Pacific Railway

The applicant, as a condition of draft approval, will be required to consult with Canadian Pacific Railway on the construction of a landscaped berm along the lands that abut the railway and an impact wall adjacent to Block 89.

Utilities

Conditions relating to the utilities such as Bell Canada, Consumers Gas and Toronto Hydro will be set out as draft conditions and incorporated as conditions in the subdivision agreement.

Conclusions:

Draft plan approval for this subdivision, with the conditions cited in this report, will enable the applicant to proceed to satisfy the requirements of the City and relevant agencies, and to implement the official plan amendment adopted by Council last month. The zoning which has been approved will be enacted once the plan of subdivision has received draft plan approval.

Contact Name:

Alan Theobald, Senior PlannerTelephone: (416) 395-7166

______________________________

Rob Dolan

Acting Director, Community Planning, North District

Schedules:

A -Official Plan Designations, as amended by OPA No. 471.

B -Current Zoning.

C -Proposed Draft Plan of Subdivision, showing red-lined revisions.

D -Principles of Development for Draft Plan Approval, originally attached as Appendix "A" to the Planning Report dated November 26, 1998, and approved by Council at its meeting of December 16 and 17, 1998.

E -Standard Conditions of Draft Plan Approval.

F1,2,3Three memoranda from Economic Development, Culture and Tourism.

G1,2,3Three memoranda from Technical Services Division, Works and Emergency Services.

H1,2,3Three memoranda from Transportation Services Division, Works and Emergency Services.

I -Letter from Canadian Pacific Railway.

J -Letter from Toronto Hydro.

K -Letter from Bell Canada.

L -Letter from Enbridge Consumers Gas.

M -Letter from Toronto District School Board.

N -Letter from Toronto Catholic District School Board.

O -Memorandum from Public Health Department.

P -Letter from applicant regarding negotiations with Visioneering Corporation.

SCHEDULE "D"

APPENDIX "A" to report dated November 26, 1998

PRINCIPLES OF DEVELOPMENT FOR DRAFT PLAN APPROVAL

The principles of draft plan approvalare as follows:

(1)Draft plan approval will apply to the draft plan of subdivision prepared and certified by Schaeffer and Dzaldov Limited, Ontario Land Surveyors, dated October 1, 1998 (drawing no. 98096-2C).

(2)It must be demonstrated to the satisfaction of the City and MOE that environmental concerns related to the introduction of residential uses on this industrial site have been addressed. This will include the submission of a noise and vibration study to address any noise and vibration concerns arising from the adjacent railway line and adjacent industrial sites. If necessary, the applicant may be required to agree in the subdivision agreement to carry out a strategy for remedial action to resolve any concerns to the satisfaction of the City and MOE. If necessary, implementation of noise and vibration control measures may be supplemented by warnings in all Offers of Purchase and Sale agreements.

(3)All necessary easements will be granted for all required utilities and services to the authority having jurisdiction.

(4)All plans of subdivision are subject to the City's Standard Conditions of Approval for Subdivisions which are attached to this appendix.

(5) The preferred location for the parkland conveyance in the north section of the development is in the area of lots 30 to 35. Parkland conveyances along the CPR right-of-way are not desirable. Discussions with the Parks and Recreation Division, North District will be required to finalize the location and size of the park. A parkette at the entrance to the development can provide an attractive gateway entrance feature.

(6)Any reduction to the City's minimum road allowance width of 20m will require approval by Council prior to draft plan approval being granted. A full lot analysis of the density and built form zoning considerations will accompany any report to the Work's staff on the feasibility of a reduced right of way.

(7)A secondary emergency access from Oak Street into the subdivision is necessary to ensure that emergency vehicles have an alternate route into the subdivision in case Street "A" is blocked. The secondary access should be located across the proposed industrial lands fronting on Oak Streets to Street "B". To prevent local traffic from using the secondary access, preventative measures will need to be implemented, such as the use of bollards at the point of access to Street "B". The minimum width of the secondary access should be 6m.

(8)To ensure the proposed new residents are appropriately buffered from existing and proposed industrial uses a landscape plan should be submitted to the satisfaction of the Director of Community Planning for the entire site. The landscape plan should include but not be limited to site plan information, grading (including cross section drawings), plant materials, walkways/driveway, walls/fences, and the design of site amenities. The landscape plan should include an appropriate buffer treatment along the east and west peripheries of the site as well as the appropriate treatment of the existing and proposed street frontages.

(9)The subdivision draft plan is to be the subject of a technical grading analysis with respect to built form considerations of building heights and established grade.

(10)The Canadian Pacific Railway will require all new residential developments to adhere to standard conditions which are set out in Schedule "I" to this report.

(11)Bell Canada will be asked to confirm with the City that satisfactory arrangements, financial and otherwise have been made with Bell Canada for any Bell Canada facility serving this draft plan of subdivision which are required by the City to be installed underground.

(12)If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for rearrangements or relocation.

(13)That Consumers Gas standard clearances of 0.3 metre minimum vertically and 0.6 metre minimum horizontally are maintained.

SCHEDULE "E"

STANDARD CONDITIONS OF APPROVAL FOR SUBDIVISIONS

39.SERVICES TO BE INSTALLED BY APPLICANT

The Applicant agrees to install all necessary municipal services, which will be determined prior to final approval and registration of the plan. All public roads are to be constructed in accordance with the former City of North York Public Roads Policy No. N-62 dated June 28, 1993.

40.SERVICES AND CHARGES TO BE PAID IN CASH

In addition to those standard services and charges which will be determined prior to final approval and registration of the plan, a cash deposit shall be made prior to registration to cover the following:

a)Development Charges

i)soft services:$2,673.00 per detached dwelling unit,

$2,292.00 per multiple attached dwelling unit.

ii)sewer & water:$1,266.00 per detached dwelling unit,

$1,084.00 per multiple attached dwelling unit.

iii)hydro:$ 148.00 per detached dwelling unit,

.$ 128.00 per multiple attached dwelling unit.

$ 4.83 per square metre for commercial\industrial subdivisions

iv)Yonge Centre:$3,360.00 per detached dwelling unit,

$2,880.00 per multiple attached dwelling unit.

v)SheppardSubway:$2,718.00 per detached dwelling unit,

$2,330.00 per multiple attached dwelling unit.

The total amount for the Development Charges will be calculated prior to final approval and registration of the plan.

These Development Charges are subject to change as they are indexed annually on the first day of September in accordance with the annual percentage change in the Engineering News Record Cost Index (Toronto).

41.ENVIRONMENTAL ASSESSMENTS AND REMEDIATION

(If identified as having a potential for soil contamination)

a)The Applicant shall prior to the issuance of building permits submit a completed Record of Site Condition as set out in the most recent revision of the Ministry of the Environment and Energy's June "1996" Guideline for Use at Contaminated Sites in Ontario indicating that either no soil or groundwater contaminates were found which exceeded the Ministry's standards and guidelines or if found have now been remediated to meet the said standards and guidelines for the intended use.

b)The Applicant shall indemnify and save harmless the City and its respective officers, employees and agents from and against any and all actions, causes of action, claims, reasonable costs, demands, charges and expenses whatsoever and however incurred in any way resulting from or arising out of or in relation to the potential soil contamination or remediation of the lands described in the draft M-Plan, save and except to extent contributed to by the negligence, recklessness, acts or omissions of the City, its representatives, agents or employees.

c)In the event that any action, cause of action, claim or other legal document or process or other alleged claim concerning the matters governed by the indemnity clause is commenced against or imposed upon the City, the City shall within a reasonable time give notice to the Applicant of such document, process or claim. Upon the receipt of such notice from the City, the Applicant at its own expense shall appeal, contest, defend or settle such legal document, process or claim on its own behalf and on behalf of the City, so long as the City is reasonably notified on a periodic basis of the progress of the matter. In the event that the Applicant does not take all steps reasonably necessary on behalf of the City in connection with an appeal, a contestation, a defence or settlement negotiations, the City reserves the right to elect at any time to conduct its own appeal, contestation, defence or settlement negotiations at the Applicant's expense after giving notice of same to the Applicant.

42.MISCELLANEOUS CONDITIONS

a)The final grading of the lands shall be such that the surface water originating on or tributary to the said lands, including roof water from buildings and surface water from paved areas, will be discharged in a manner satisfactory to the Commissioner.

b)The Applicant must commute any local improvement charges on the subject lands if required by the Finance Department.

c)The Applicant shall pay any outstanding costs for the disconnection of services abandoned by the City.

d)All new or revised development proposals must be forwarded to the Department of Works and Emergency Services for its review and a new report will be submitted by that Department.

May 12, 1999

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