February 8, 1999
To:Toronto Community Council
From:Commissioner of Urban Planning and Development Services
Subject:Final Report on Official Plan Amendment and Rezoning Application No. 197013
for 34 Noble Street to permit the use of an existing non-residential building for 17 live/work
units (High Park - Ward 19)
Purpose:
To recommend the approval of by-laws to permit 17 live/work units in an existing three storey
non-residential building located at 34 Noble Street near Queen Street West and Dufferin
Street. Issues of use and parking have now been resolved.
Source of Funds:
Not applicable.
Recommendations:
It is recommended that:
1.The Official Plan be amended to add a new Section 18 provision substantially as set out
below:
"18.__ Notwithstanding any other provision of this Plan, Council may pass by-laws respecting
the lands known in the year 1998 as 34 Noble Street as shown on Map 1, to permit the use of
the existing building for not more than seventeen live/work units."
2.The Zoning By-law, By-law 438-86, as amended be amended so as to:
a)exempt the site from Sections 4(4)(b) (number of required parking spaces) and 9(1)(f)
(use);
b)permit the use of the existing non-residential building for not more than 17 live/work units
provided that:
(i)for purposes of this by-law, a live/work unit is defined as "a dwelling unit that is also used
for work purposes provided only the resident or residents of such accommodation work in the
dwelling unit and provided that the work component is restricted to the uses or classifications
of office, custom workshops, studios";
(ii)a minimum of two leased parking spaces are provided and maintained within 300 metres
of the site for use of residents of the project;
(iii)a rodent proof garbage storage area at least 9 metres square in total area for the storage
of refuse generated by this project between collections is provided.
3.That the owner enter into an undertaking under Section 41 of the Planning Act prior to the
introduction of a Bill in Council.
4.That the owner be required to:
a)Submit to the Commissioner of Works and Emergency Services:
i)If any agreements are required to be entered into, a Reference Plan of Survey, in metric
units and integrated with the Ontario Co-ordinate System, delineating thereon by separate
PARTS the lands under the application and rights-of -way appurtenant thereto; and
ii)a separate application in respect of any proposed encroachment within the Noble Street
road allowance;
b)submit to and have approved by the Commissioner of Works and Emergency Services, a
Noise Impact Statement in accordance with Council's requirements prior to the introduction
of a Bill in Council;
c)have a qualified Architect/Acoustical Consultant verify, 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;
d)provide, maintain and operate the noise impact measures, facilities and strategies
stipulated in the Noise Impact Statement approved by the Commissioner of Works and
Emergency Services;
e)provide space within the development for the construction of transformer vaults, Hydro
and Bell maintenance holes and sewer maintenance holes required in conjunction with the
development; and
f)submit a report from the on-site environmental consultant, to the Medical Officer of
Health, certifying that the soils remaining on-site meet the Ministry of Environment criteria
for residential use, prior to the issuance of any permits.
5.That the owner be advised of :
(a)The need to receive the approval of the Commissioner of Works and Emergency Services
for any landscaping to be carried out within the street allowance;
(b)the comments of the Commissioner of Urban Planning and Development Services with
respect to the applicability of the Ontario Building Code to this building; and
(c)the need to convey land for parks purposes, or payment in lieu thereof pursuant to Section
42 of the Planning Act.
Background:
1.0Proposal
To permit an existing three storey building, originally constructed as an industrial building, to
be used for 17 live/work units with no on-site parking spaces.
2.0Site and Surrounding Area
This 542.49 square metre site, containing a three storey non-residential building, is located on
the north side of Noble Street, near the corner of Strickland Avenue. It is located in an area
that includes light industrial uses, houses and other industrial buildings converted to live/work
units. To the east are two buildings at 24 and 26 Noble Street that have been recently
approved and renovated for 79 and 12 live/work units, respectively. To the west are similar
projects at 27 Brock Avenue, which was recently approved for 22 live/work units, and 46
Noble Street, a proposed conversion to live/work units. Immediately to the south are light
industrial buildings, houses and some retail uses and to the north is a low density residence
area.
3.0Consultation Process
On September 15, 1997, a Planning Advisory Committee meeting was held in the
neighbourhood. No residents were in attendance. Since then, the applicant has been
attempting to resolve issues related to off-site parking.
Comments:
1.Current Planning Controls
The Official Plan designation of this site is Mixed Industrial-Residential Area which permits
residential uses at up to two times density, through the rezoning process. At 3.36 times the
area of the lot, this project exceeds that residential density permission. An Official Plan
Amendment is, therefore, required.
The site is zoned I1D2 which permits light industrial uses. The live/work use is not permitted
as-of-right and a rezoning is required. In addition, the Zoning By-law must be amended to
reduce the number of required parking spaces from seventeen to the two proposed and to
allow these spaces to be provided and maintained within 300 metres of the site, rather than on
the site itself.
2.0Planning Considerations
2.1Density
The density of the project exceeds the limit of the Official Plan and the Zoning By-law.
However, it occupies an existing building which is compatible with the form and scale of
other buildings in the area. No new floor area is being created as a result of the conversion.
2.2Uses
Section 9.41 of the Official Plan states that:
"Prior to the passing of by-laws to permit a change in use, residential to industrial or industrial
to residential in Mixed Industrial-Residential Areas, Council shall have regard for:
(a)the advisability of retaining existing industrial buildings or uses in terms of retention of
industrial buildings in good structural condition or which may have architectural or historical
merit;
(b)the extent to which the change in use would adversely affect the continued compatibility
of neighbouring uses, particularly in those areas where identifiable pockets of a consistent use,
industrial or residential, exist."
In the case of 34 Noble Street, the original industrial building is sound and has been retained
and renovated and will continue to be used for work purposes in conjunction with residential
uses. The use is compatible with the surrounding neighbourhood which contains a mix of both
industrial and residential uses, many of which are also live/work units.
2.3Soil Condition
In the Preliminary Report, I indicated that this proposal was sent to the Medical Officer of
Health for comments. The applicant has since been requested to submit a report prior to the
introduction of Bills in Council certifying that the soils remaining on-site meet the Ministry of
Environment criteria for residential uses.
2.4Provision of Landscaped Open Space
Because the building is generally built lot-line-to-lot-line, there is little provision for
landscaped open space. The Commissioner of Urban Planning and Development Services
advises that a parks levy is required. Because there is no opportunity for providing park space
on-site, cash payment-in-lieu will be required.
2.5Parking
Since the building generally covers the whole lot, no on-site parking is possible. At present,
one boulevard parking space has been approved for the Noble Street frontage and that space
should continue to be used for parking.
The Zoning By-law would normally require one parking space per unit, for a total of 17
spaces. The applicant indicates that he has secured two off-site leased parking spaces. In light
of the site constraints, the Commissioner of Works and Emergency Services has accepted the
provision of these two parking spaces.
Contact Name:Helen Coombs
Telephone: (416) 392-7613
Fax: (416) 392-1330
E-Mail: hcoombs@toronto.ca
Beate Bowron
Director, Community Planning, South District
[p:\1998\ug\uds\pln\to991833.pln] - smc
APPLICATION DATA SHEET
Site Plan Approval: |
Y |
|
Application Number: |
197013 |
Rezoning: |
Y |
|
Application Date: |
April 23, 1997 |
O. P. A.: |
Y |
|
Date of Revision: |
|
Confirmed Municipal Address:34 Noble Street
Nearest Intersection: |
North side of Noble Street, east of Brock Street. |
|
|
Project Description: |
To construct 17 live/work residential units. |
Applicant:
Climan, Green & Liang
160 Pear Av #212
925-8100 |
Agent:
Climan, Green & Liang
160 Pear Av #212
925-8100 |
Architect:
Climan, Green & Liang
160 Pear Av #212
925-8100 |
PLANNING CONTROLS (For verification refer to Chief Building Official)
Official Plan
Designation: |
MIR A |
Site Specific
Provision: |
No |
Zoning District: |
I1 D2 |
Historical Status: |
No |
Height Limit (m): |
14.0 |
Site Plan Control: |
Yes |
PROJECT INFORMATION
Site Area: |
542.5 m2 |
|
Height: |
Storeys: |
3 |
Frontage: |
|
|
|
Metres: |
13.40 |
Depth: |
|
|
|
|
|
|
|
|
|
Indoor |
Outdoor |
|
|
Ground Floor: |
471.5 m2 |
|
Parking
Spaces: |
|
|
|
|
Residential
GFA: |
1821.4
m2 |
|
Loading
Docks: |
|
|
|
|
|
|
Non-Residential GFA: |
|
|
(number,
type) |
|
|
|
|
|
|
Total GFA: |
1821.4
m2 |
|
|
|
|
|
|
|
|
DWELLING UNITS |
|
FLOOR AREA BREAKDOWN |
Tenure: |
Private |
|
|
|
Land Use |
Above
Grade |
Below
Grade |
Total Units: |
17 |
|
|
|
Live-work |
1821.4
m2 |
|
PROPOSED DENSITY |
|
|
Residential Density: 3.36 |
Non-Residential Density: |
Total Density: 3.36 |
Status: |
Final Report submitted to Legal Department for draft by-laws. |
Data
valid: |
February 2, 1999 |
Section: |
CP West |
Phone: |
392-7333 |
APPENDIX A - Comments of Civic Officials
1.Economic Development, Culture and Tourism (October 9, 1998)
This will acknowledge the revised plans pertaining to the above noted development
application which were circulated to Forestry Services on September 15, 1998. I have
reviewed the circulated plans and advise that:
If sufficient space exists, the applicant should provide large growing shade trees to be planted
within the City road allowance as part of this application. A detailed landscape plan must be
provided which indicates the exact location of all existing City owned trees and any proposed
trees to be planted within the City road allowance including details with respect to proposed
tree species, caliper and quantity. A planting plan should provide the best possible, natural,
planting environment for trees. It is preferred that trees be planted in turf when possible. If no
room exists for turf boulevards with trees, raised planting beds or continuous tree pits should
be considered. Trees indicated for planting on the City road allowance must be planted in
accordance with the Tree Details Section of the City of Toronto Streetscape Manual as per the
details noted below. Please note that the applicant must conduct an investigation of
underground utilities prior to proposing tree planting within the City road allowance. If
planting is not possible due to a utility conflict, a utility locate information sheet from the
respective utility company should be provided to the City.
Street Trees in Turf:In accordance with Planting Detail No. 101 for Balled and
Burlapped Trees in Turf Areas, dated March, 1997.
Street Trees in Raised Planters:In accordance with Planting Detail No. 102 for Raised Tree
Planter - Concept, dated March, 1997.
Street Trees in Tree Pits:In accordance with Planting Detail No.'s 103, 103-1, 103-2, &
103-3 for 1.2 m x 2.4 m Tree Pit, dated March, 1997. Tree pits must be constructed in
accordance with the Continuous Tree Pit details outlined in the Construction Details Section
of the City of Toronto Streetscape Manual as Drawing No.'s RE-1833M-1, -2, -3, -4, -5, and
-6, 1 of 2 & 2 of 2.
According to the plans filed, it appears that the tree(s) on private property which qualify for
protection under City of Toronto Municipal Code, Chapter 331, Trees, Article III, will not be
affected by the development. The applicant must undertake tree protection measures in order
to ensure that the health of the subject tree(s) is not compromised as a result of construction
activities associated with this development. The applicant must retain a Certified/Registered
Consulting Arborist or Registered Professional Forester if they are unsure of appropriate tree
protection measures.
I advise that the Basement Plan prepared by Climans Green Liang Architects Inc., date
stamped as received on August 25, 1998 by Urban Planning & Development Services and on
file with the Commissioner of Urban Planning & Development Services is acceptable
provided that the condition(s) noted above is fulfilled.
2.Medical Officer of Health (February 4, 1999)
Further to my letter of June 12, 1998, the applicant has provided for review a "Detailed Site
History for 34 Noble Street Toronto, Ontario", prepared by Hatch Associates Limited (Project
22039.001, November 24, 1998). I have reviewed this information and provide the following
comments.
The consultant has provided additional information filling in the gaps identified in the
previous historical information, that was provided in the phase 1 environmental report of
November 1997. The consultant referred to Fire Insurance Maps and City Directories for this
information. Past occupants of the site include:
-Kraft-Phenix Cheese Co. Ltd. (1935-1938)
-Truck & Tractor Equipment Co. Ltd. (1939-1947)
-Imperial Spring & Mattress Mfg. Co. (1947-1954)
-Davis L. Textiles (1955-1960)
-Perfect Chrome Furniture Co. Ltd. (1960-1988)
-Rental Apartments (1988-present)
The furniture company assembled kitchen sets by applying upholstery and laminating table
tops with glue. No chrome plating activities took place on the subject site. The consultant
advises that no truck or tractor repair, or maintenance was conducted on the site. According to
the consultant, the mattress manufacturing company and the textile company are considered to
be environmentally low risk activities. I would note that no specific information has been
provided with respect to the activities conducted by the textile company. During a telephone
conversation on January 21, 1999, the consultant advised that they have been unable to
determine the nature of the on-site activities associated with the former textile plant. The
consultant has indicated that there is no record of the use, or storage of hazardous materials on
the site and no evidence of site activities which would cause concern.
It is my understanding, based on a December 9, 1998, telephone conversation with Pav Penna
(the consultant), that all building renovations have been completed and no excavation
activities will be conducted on this site. Based on the specific information available to
Environmental Health Services, the conclusions presented by the consultant are reasonable,
therefore, the previous request for a soil and groundwater management plan and a dust control
plan are rescinded. However, since this is a conversion from industrial to residential use, the
Medical Officer of Health requests that a verification report be provided that confirms the
soils within the building footprint are suitable for residential use.
Recommendations;
1.That the owner shall submit a report from the on-site environmental consultant, to the
Medical Officer of Health, certifying that the soils remaining on-site meet the Ministry of
Environment criteria for residential use, prior to the issuance of any permits.
Please inform the applicant with respect to this matter. If you have any questions please call
me at 392-7685.
3.(June 12, 1998)
Further to my letter of July 15, 1997, the applicant has provided for review a "Phase I
Environmental Site Assessment of 34 Noble Street", prepared by Hatch Associates Limited
(Project 21959.001, November, 1997). I have reviewed this information and provide the
following comments.
Site History:
The consultant has provided limited information on this site from 1944 to 1989. Following
1989 the site has been used for residential purposes. The site history provided, consists of a
listing of previous owners, based on title search records and discussions with the owner's
representative. It would seem that no other sources were researched for background
information. The title search provided the names of owner/occupants, but no information is
provided with respect to the site activities for the years 1944-1947 and 1954-1989.
Furthermore, no mention is made of the Truck & Tractor Equipment Co., (Siccode 32) that
our records indicate was located on this site in 1939.
I would note that there are several sources available for researching past land uses,
specifically, as a minimum, Goads Fire Insurance Plans, the Map Office of the Metropolitan
Toronto Reference Library, the Cartographic Section of Archives of Ontario, Canadian Trade
Indexes, Ministry of Natural Resources Aerial Photographs and Might's Directories.
Information is also available from various government agencies. It seems that none of the
above were contacted in preparing the historical information for this site.
The consultant has indicated that there is no record nor evidence of the use, or storage of
hazardous materials on the site and no evidence of site activities which would cause concern.
To support this statement, references are made to the mattress manufacturing that took place
from 1947 to 1954.
No references are made to the textiles company that occupied this site from 1954 to 1960.
Textile plants have been identified with the use of solvents, xylene, ketones, mercury, benzene
etc. in their operations.
It is my opinion that the information provided is incomplete. Therefore the conclusions
presented are premature and further research is required. Based on the information available to
Environmental Health Services, a Phase II study should be conducted taking into
consideration the past activities that have been identified on this site.
Recommendations;
1.That the owner shall immediately conduct a detailed historical review of the site to
identify all existing and past land uses which could result in negative environmental effects to
the subject site. This report should be submitted for review by the Medical Officer of Health,
prior to the introduction of a Bill in Council.
2.That the owner shall conduct a soil and groundwater testing program and produce a soil
and Groundwater Management Plan which characterizes soil conditions and proposes
remediation options to be submitted for approval by the Medical Officer of Health, prior to the
introduction of a Bill in Council.
3.That the owner shall implement, under the supervision of an on-site qualified
environmental consultant, the Soil and Groundwater Management Plan as stipulated in the
report approved by the Medical Officer of Health, and upon completion submit a report from
the on-site environmental consultant, to the Medical Officer of Health, certifying that the
remediation has been completed in accordance with the Soil and Groundwater Management
Plan.
4.That the owner shall prepare a Dust Control Plan and submit this plan for approval by the
Medical Officer of Health prior to the issuance of a building permit.
5.That the owner shall implement the measures in the Dust Control Plan approved by the
Medical Officer of Health.
Please inform the applicant with respect to this matter. If you have any questions please call
me at 392-7685.
4.Works and Emergency Services (October 7, 1998)
Recommendations:
1.That the owner be required to:
a)Provide and maintain a minimum of 2 leased parking spaces within 300 m of the site for
use of residents of the project;
b)Provide and maintain a rodent proof garbage storage area at least 9 mē in total area for the
storage of refuse generated by this project between collections;
c)If any agreements are required to be entered into, submit a Reference Plan of Survey, in
metric units and integrated with the Ontario Co-ordinate System, delineating thereon by
separate PARTS the lands under application and any rights-of-way appurtenant thereto;
d)Submit a separate application to the Commissioner of Works and Emergency Services in
respect of any proposed encroachments within the Noble Street road allowance;
e)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; and
f)Provide, maintain and operate the noise impact facilities and strategies stipulated in the
report approved by the Commissioner of Works and Emergency Services.
Comments:
Location
North side of Noble Street, west of Strickland Avenue.
Proposal
To legalize the use of the existing 17 unit non-residential building for use as 17 live-work
units.
The proposal was dealt with in the Departmental report dated December 4, 1997. The above
consolidated recommendations supercede the recommendations contained in the previous
report, including the recommendation requiring the submission of revised plans, which has
been satisfied.
Parking
Given that the existing building occupies virtually all of the site, there is no on-site parking
proposed to serve this project. Departmental records show that 2 boulevard parking spaces are
available by permit to occupants of the building, but only 1 of these spaces has been leased
recently. No on-street parking permits have been issued to residents of the building. The
typical estimated parking demand for a project of this nature would be for 5 spaces for
occupants, whereas the Zoning By-law requirement, as far as can be ascertained, is for 17
spaces. In this regard, the owners agent has submitted a letter indicating that according to their
records, 4 of the current residents own cars. The owner's agent further advises that one of the
tenants parks in one of the boulevard spaces in front of the project, one leases a parking space
at the north west corner of Queen Street West and Noble Street and 2 park at other unknown
locations. The owner has recently leased 2 spaces at the north west corner of Queen Street
West and Noble Street for use of residents. Given site constraints, the availability of
commercial boulevard spaces adjacent to the site, combined with the relative difficulty in
obtaining leased parking in the vicinity of the site, the proposed provision of 2 leased parking
spaces to serve this project is acceptable in this instance.
Refuse Handling, Storage and Disposal
The City will continue to provide the project with regular curbside refuse collection service in
accordance with the provisions of the Municipal Code, Chapter 309, Solid Waste.
It will be necessary for the owner to provide a storage room or other rodent proof space on
private property at least 9mē in total size for the storage of garbage and recyclable materials
generated by the building occupants between collections. The refuse storage facilities
illustrated on the plans is acceptable for this purpose.
Any manufacturer's or trade waste and hazardous waste must be stored separately and safely
and be collected by a private refuse collection firm licensed to handle these materials.
Noise Impact Statement
The Noise Impact Statement for the renovated building was approved by this Department on
June 3, 1998. The recommendations above ensure that the project will be constructed and
maintained in accordance with the approved Noise Impact Statement.
Proposed Canopy Encroachment
The plans show a proposed canopy within the Noble Street road allowance. It will be
necessary for the owner to submit a separate application to this Department in respect of this
canopy.
5.Urban Planning and Development Services (February 3, 1999)
Our comments concerning this proposal are as follows: |
Description: |
Make interior alterations at all floor levels for 17 live-work units |
Zoning
Designation: |
I1 D2 |
Map: |
48H
313 |
Applicable
By-law(s): |
438-86, as amended |
Plans
prepared
by: |
Climans Green Liang Architects |
Plans
dated: |
April
23,
1997 |
Residential
GFA: |
1821.38 m2 |
|
Zoning Review
The list below indicates where the proposal does not comply with the City's Zoning By-law
438-86, as amended, unless otherwise referenced.
1. |
The by-law requires a minimum of 17 parking spaces be provided on the subject lot.
The number of proposed parking spaces is 0. (Section 4(4)(b)) |
2. |
The proposed use, live-work units, is not permitted. (Section 9(1)(f)) |
Other Applicable Legislation and Required Approvals
1. |
The proposal requires Site Plan approval under Section 41 of the Planning Act. |
2. |
The proposal requires conveyance of land for parks purposes, or payment in lieu thereof
pursuant to Section 42 of the Planning Act. |
3. |
The proposal DOES NOT require City Council's approval pursuant to the provisions of
the Rental Housing Protection Act, 1989. |
4. |
The proposal DOES NOT require the approval of Heritage Toronto under the Ontario
Heritage Act. |
5. |
The issuance of any permit by the Chief Building Official will be conditional upon the
proposal's full compliance with all relevant provisions of the Ontario Building Code. |
|