April 14, 1999

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Draft Approval of Plan of Subdivision: Application No. 498031 for 40 and 64 Colgate Avenue, 309 and 355 Logan Avenue to permit residential development of 78 semi-detached dwellings and 28 townhouses, a public park and a live/work building, (Ward 25- Don River).

Origin:Commissioner of Urban Planning and Development Services, upon application by The Aragon (Logan) Development (Ontario) Corporation.

Purpose:

To recommend approval of the draft conditions for a proposed plan of subdivision to permit the construction of 106 semi-detached houses and townhouses at 40 Colgate Avenue, 309 and 355 Logan Avenue a 1,272 m2 public park and a proposed live/work building located at 64 Colgate Avenue.

Summary:

This report recommends approval of the draft plan of subdivision for a 24,522 m2 (2.5 hectare) site located on the north side of Colgate Avenue between Logan and Carlaw Avenues.

The applicant is proposing to construct 78 semi-detached houses and 28 townhouse units with a new street and laneway system that will allow rear yard parking for all of the proposed homes. Parking for the proposed live/work building will be located below grade in an underground garage with access for the parking from Carlaw Avenue.

The semi-detached houses situated on the east side of Logan Avenue and the mid-rise live/work building on the west side of Carlaw Avenue will be separated by a public park approximately 1300 square metres in size dedicated by the applicant and fronting on the north side of Colgate Avenue. Soil remediation measures have been achieved on the whole property.

My recommendation for approval of the draft conditions for this development is on the basis that the reuse of this land, formally used for a manufacturing plant, provides an opportunity to extend the existing residential neighbourhood with building lots and housing types that are compatible and consistent with those found in the surrounding residential community.

Issues including, neighbourhood compatibility, traffic circulation, parkland and urban design have been addressed in Section 5 of this report. Site servicing and other municipal requirements will be secured in a subdivision agreement and a section 37 agreement between the City and the developer. I will be reporting further on the rezoning and Official Plan Amendment required for this project.

Source of Funds:

N/A

Recommendations:

It is recommended that:

1.City Council consents to the approval of the proposed draft plan of subdivision, such consent being subject to entering into a Subdivision Agreement in form and content satisfactory to the City Solicitor for the conditions listed below:

(a)That the owner receive approval for the variances identified in the UPDS Buildings comments dated April 7, 1999, prior to the plan of subdivision being registered.

(b)That the owner receive Site Plan approval under Section 41 of the Planning Act prior to a building permit being issued.

(c)That the owner be required to:

(1)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;

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

(3)Provide minimum road allowance width as follows:

(i)Street A: 15 m; and

(ii)Public lanes: 5 m;

(4)In connection with the new public streets/lanes and the municipal services and facilities:

(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;

(5)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;

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

(7)Submit to and have approved by the Commissioner of Works and Emergency Services information verifying that soil conditions within the proposed road allowances are acceptable for use for public highway purposes;

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

(9)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, such plan to provide for the strata conveyance of the southerly portion of "Lane C" to a minimum depth of 0.8 m below existing grade;

(10)In the event that after construction of the southerly portion of "Lane C" the depth of the land to be assumed as "Lane C" in conjunction with the Plan of Subdivision is less than 0.8 m below the finished grade of the lane, convey to the City, at nominal cost, for public lane purposes, the residual land located between the lands already defined as part of the subdivision as "Lane C" and a plane lying 0.8 m below the finished surface of the lane, such lands to be conveyed to the City free and clear of all encumbrances;

(11)In the event that additional lands are to be conveyed, pursuant to (10) above, provide a strata Reference Plan of Survey, indicating as a separate PART, the additional lands to be conveyed for public lane purposes;

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

(13)Apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a formal application for a building permit;

(14)The following warning clause shall be included in the Subdivision Agreement and inserted in all Agreements and Purchase and Sale or Lease for each dwelling unit. Provisions must be included in the Subdivision Agreement to ensure that the warning clause survives the release of the owner's obligations under the Subdivision Agreement and remain on title.

"Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansions affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way."

(15)That the owner engage a consultant to undertake an analysis of noise and vibration and to recommend abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment and Canadian National Railway to the satisfaction of the Municipality, Canadian National Railway and the Ministry of the Environment.

2.That the following broad terms and conditions respecting parks matters be secured as provisions of the Subdivision Agreement:

(a)the Preliminary Design Plan will be as shown on the Colgate landscape plan denoted as P-1 prepared by Insite Landscape Architects, date stamped March 17, 1999, and on file with the Commissioner of Planning and Urban Development Services;

(b)the final area of the Parkland will be a minimum of 1272 square metres;

(c)the conveyance of the Parkland will occur prior to issuance of the first above-grade building permit for any portion of the project subject to the Subdivision Agreement, the site will be available to the applicant for use as a construction staging area, the Park Improvements must be installed to the satisfaction of the Commissioner of Economic Development, Culture & Tourism, the owner will post a Letter of Credit equal to 120% of the value of the Park Improvements as agreed to by the Owner and the Commissioner of Economic Development, Culture & Tourism as security for the installation of the Park Improvements; and

(d)the owner has agreed to submit funds in the amount of $20,000 for the City to install playground apparatus in the park.

3.That subject to execution of the Subdivision Agreement, and in view of the conveyance of parkland, contributions to improvements and other payments, that City Council will authorize an amendment to exempt the Owner's Lands from Toronto Municipal Code, Chapter 165, Article 1, Conveyance of Lands for Parks Purposes enacted pursuant to Section 42 of the Planning Act to exempt therefrom such development as is permitted and only to the extent permitted by the Zoning By-law Amendment. Should the owner apply for and receive permission to develop residential or commercial densities in excess of those presently permitted in the Zoning By-law Amendment, then the Owner may, respecting those increased densities and as a condition of receiving such increased densities, be required to transfer further lands for parks purposes or pay monies in lieu thereof in accordance with the City's aforementioned Municipal Code provisions enacted pursuant to Section 42 of the Planning Act which are then applicable.

4.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.

5.That the owner be advised that the storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm runoff.

6.That the Commissioner of Urban Planning and Development Services be requested to ensure that Parks staff maintain the continuation of the "Street A@ sidewalk through the park, including winter maintenance.

7.That the owner be advised of the need to convey the new street and lanes to the City, free and clear of all encumbrances, including rights-of-way, to the satisfaction of the City Solicitor.

8.That in connection with the proposed strata conveyance of the southerly portion of "Lane C" the owner be required to convey to the City an easement of support rights in the lands located below the proposed lane.

9.That the owner be advised that, in the event that the owner elects to construct the subject parking garage beneath a portion of "Lane C", on lands to be retained by the owner for this purpose, it will be necessary for the owner to:

(i)execute an indemnity agreement with the City, terms for which will be set out as conditions of approval of the apartment building to be constructed on the east side of the lane; and

(ii)design and construct the structure to the requirements of the Ontario Highway Bridge Design Code, (latest edition).

10.That the owner be advised of the need to convey the new street and lanes to the City, free and clear of all encumbrances, including rights-of-way, to the satisfaction of the City Solicitor.

11.That the owner , prior to the issuance of an above-grade building permit for any portion of the semi-detached or townhouse portion of the development, convey to the City, at nominal cost, the lands shown on Map 1 (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.

12.That prior to the conveyance of the Parkland Dedication Lands, the owner provide to the satisfaction of the City Solicitor, in consultation with the Commissioner of Economic Development, Culture & Tourism all legal descriptions and applicable reference plans of survey for the Parkland Dedication Lands.

13.That not more than 30 days before the conveyance of the Parkland dedication Lands, the owner provide to the City Solicitor a title opinion, 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.

Comments:

Background:

1.0THE PROPOSAL

The creation of a new subdivision comprised of a new public street and two new public lanes, parkland and 107 building lots. There are proposed to be 78 semi-detached units, 28 townhouse units, 1 live/work apartment building and a public park.

2.0SITE AND SURROUNDING AREA

The site is located on the north side of Colgate Avenue between Logan Avenue and Carlaw Avenue. The site is presently vacant and was formally used as the Colgate Palmolive factory. To the north and west of the proposed development on Logan Avenue is a low rise residential community. To the east are industrial buildings stretching from Dundas Street to just north of Queen Street. To the south is a mix of more industrial buildings and low rise residential.

3.0COMMUNITY INVOLVEMENT

A public meeting was held in the neighbourhood to discuss the live/work apartment building and the proposed plan of subdivision. A further public meeting will be held in the community when I report on the rezoning applications to keep local residents informed and involved in the evolution of the further details of the plans for the development of this site particularly pertaining to the live/work building.

4.0EXISTING PLANNING CONTROLS

4.1Official Plan

Official Plan Amendment No. 122 approved on July 21, 1998, designates the eastern half of the site as a Mixed Industrial Residential Area. This designation permits industrial uses up to three times the area of the lot and residential uses, through a rezoning process, up to two times the area of the lot. In addition, Council will consider proposals to convert existing buildings in this area which already exceed the Official Plan densities in the plan from the maximum density provisions. On the western portion of the site which is on the east side of Logan Avenue, north of Colgate Avenue, the Official Plan designation is Low Density Residence Area. This permits residential redevelopment up to 1 times the area of the lot. The proposal requires an Official Plan Amendment and rezoning on which I will be reporting further.

4.2Zoning By-law

The Zoning By-law designates the western portion of the site R3 Z1.0 with a height limit of 12 metres. This permits residential uses up to 1.0 times the area of the lot. The eastern portion of the site is I2 D3 with a height limit of 18 metres. This zoning designation permits a range of light industrial uses to a maximum density of three times the lot area. The proposal requires a rezoning and I will be reporting further.

5.0PLANNING CONSIDERATIONS

5.1Compatibility with the Existing Low Density Residential Neighbourhood

Residential development within an existing low density residential neighbourhood is an appropriate approach to consider at this location. It completes the pattern and stabilizes the neighbourhood. The low rise development and public park will ensure compatibility with the existing low density residential neighbourhood. The live/work apartment building is adjacent to an existing industrial building to the north and relates to the industrial buildings located directly across the street on Carlaw Avenue. Many of these existing buildings are being converted to residential and live/work situations.

5.2Street, Lane and Block Pattern

Two 5 metre wide public lanes and a 15 metre public street are proposed to serve this subdivision. These roads will divide the land into the traditional street, lane and block plan pattern found in the surrounding area. On Logan Avenue low rise residential houses are proposed directly across from low rise residential houses. The lane system will permit rear yard access for l car parking space for each unit. Access to the underground garage for the live/work building will be via Carlaw Avenue while a small portion of the visitor parking will be accessible from the new lane system.

5.3Built Form

The built form of the proposed neighbourhood will be integrated with that of the existing community south of Dundas Street East by:

-facing semi-detached houses with rear lane access in a compatible character with the existing neighbourhood;

-locating the townhouses adjacent to the live/work industrial buildings on Carlaw Avenue and tucked in behind the two rows of semi-detached houses;

- the additional proposed density will be in a compatible built form with the surrounding neighbourhood

-making the integral garages accessible from the lane system while facing the houses onto Street AA@

-ensuring that the heights of the houses, although greater than the existing neighbourhood, will not negatively impact the existing houses.

5.4Parkland

The Planning Act authorizes the City to require up to 5% of the site to be dedicated for park or other public purposes. This application proposes a dedication of approximately 1300 square metres of land for public parkland. This area is shown on Map 1 and is marked as Public Park. The proposed park is located on the north side of Colgate Avenue separating the proposed low rise portion of the development from the proposed 6 storey live/work building. The park will be a new City facility providing local neighbourhood park amenities to the existing and future residents in the area.

The parkland dedication has considered the following principles:

(1)New parkland sites should be accessible by both the existing and proposed residential community;

(2)New parkland should have frontage on at least two public roads to ensure that parks are perceived as a safe, public space;

(3)New parkland sites should be highly visible to increase public surveillance opportunities;

(4) The parkland will be a minimum of 1272 square metres;

(5)The conveyance of the Parkland will occur prior to the issuance of the first above-grade building permit for any portion of the project subject to the Subdivision Agreement and will be available to the applicant for use as a construction staging area;

(6)The Park Improvements must be installed to the satisfaction of the Commissioner of Economic Development, Culture & Tourism, and a Letter of Credit equal to 120% of the value of the Park Improvements for the installation of the Park Improvements; and

(7)The owner has agreed to submit funds in the amount of $20,000 for the City to install a playground apparatus in the park.

In addition, Parks staff have reported on the package of improvements to be carried out by the owner of the site. This will include backfill, site servicing, rough and fine grading and sodding (all to be provided to standards and specifications to be provided by the Commissioner of Economic Development, Culture and Tourism) and a Children's Play area and equipment will be provided and carried out under the direction of City staff of the Parks Division.

A Preliminary Design has been agreed on and this plan will serve as the plan upon which the Final Design Plan and construction drawings are to be based. The necessary drawings for the park and the construction will be undertaken by the applicant. The City will secure rights of approval over the final drawings and supervision of construction through the Subdivision Agreement to be executed as between the City and the applicant.

5.5Parking and Traffic

The parking for the semi-detached and townhouse units 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. Parking requirements for the apartment building will be established in connection with the rezoning application submitted for the site. In addition, the Commissioner of Works and Emergency Services has been asked to look into angle parking for the north side of Colgate Avenue in response to a request from residents at the public meeting.

5.6Schools

Although the Schools Boards have not reported on this matter to date, the subject will be addressed in my next report on the rezoning and Official Plan Amendment. Both school boards have been circulated the plans and details of this application.

5.7Environmental Issues

The Medical Officer of Health has indicated that the site has been remediated to residential standards. City policy dictates that contaminated lands will not be accepted for public highway purposes. The owner will be required to submit documentation to the satisfaction of the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism for the lanes, public street and parkland. Due to the former industrial use of the land, the applicant is required to submit an Excavation and Dust Control Plan and implement the measures required prior to the issuance of a building permit.

5.8Subdivision of Land

A plan of subdivision is required in order to create residential blocks and streets and to secure the owner's responsibility respecting the construction of all roads and lanes and other municipal requirements. The draft plan of subdivision was submitted to the City for approval and the City's conditions for the subdivision agreement are set out in the Recommendations section of this report.

5.9Part Lot Control

The owner may request that, after the plan has been registered, the site is exempted from Part Lot Control. The purpose of this exemption is that it allows the builders to realign the boundary lines of the lots which contain semi-detached houses and townhouses to respond to the location of the built party walls. It should be noted that the builder is still required to comply with all the provisions of the Zoning By-law.

Exemption from Part Lot Control can only apply to lots or blocks on a registered plan of subdivision. The appropriate lots or blocks are identified on the plan of subdivision and an exemption is given. The builder obtains a building permit, constructs the foundation and buildings and then surveys the lots and submits an 'R' plan. Upon receipt of the 'R' plan the Part Lot exemption is repealed.

Lifting of Part Lot Control would be subject to a separate application and Council approval.

5.10Low-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 housing implementation plan. This plan should be submitted to the Commissioner of Urban Planning and Development Services for review and approval. The applicant has provided some units with garages and some with parking pads in order to keep the price of some units down.

The plan is to show how the owner proposes to provide the required low-end-of-market units. Prior to the approval of the development the Commissioner of Urban Planning and Development Services should be satisfied that there are sufficient lots to meet the requirement. This matter will be addressed in my next report.

For the purpose of the requirement, the term Alow-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 60th percentile of income distributions for all households in the Toronto Census Metropolitan Area.

6.0COMMENTS FROM CIVIC OFFICIALS

Copies of the comments from various civic departments and agencies that have been received to date are attached as Appendix A.

Conclusions:

The extension of the neighbourhood with new residential development on the former Colgate plant site is a positive step in revitalizing the area and contributing to the neighbourhood amenity in the community. The plan of subdivision process will ensure that the planning issues are addressed and that the municipal services required to serve this development are secured as well as providing additional public parkland for the area.

Contact Name:Denise Graham

Telephone: (416) 392-0871

Fax: (416) 392-1330

E-Mail: dgraham1@toronto.ca

Beate Bowron

Director, Community Planning - South District

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APPLICATION DATA SHEET

Confirmed Municipal Address:40 and 64 Colgate Avenue; 309 and 355 Logan Avenue.