September 8, 1999

To:Toronto Community Council

From:Acting Commissioner of Urban Planning and Development Services

Subject:Final Report on Rezoning Application No. 298009 to permit the construction of two pairs of semi-detached buildings at 266 MacDonell Avenue (Ward 19-High Park)

Purpose:

This report recommends approval of an application to construct two pairs of semi-detached buildings at 266 MacDonell Avenue.

Source of funds:

Not applicable.

Recommendations:

It is recommended that:

1.The Zoning By-law 438-86 be amended as it applies to 266 MacDonell Avenue, so as to:

a)exempt the site from Section 9 (1)(f) (use);

b)permit the use of the site for residential purposes, provided that:

i) the site contains no more than 4 dwelling units, each on its own lot;

ii)no part of the building above grade extends beyond the area shown on Elevations 2 and 3 attached to this report;

iii)the maximum building height does not exceed 10 metres;

iv)one parking garage is provided at the rear of each lot;

v)a minimum setback of 0.3 metres is provided to the proposed garages from the east limit of the right-of-way;

vi)each lot is maintained on a minimum frontage of 5.48 metres;

vii)a 3.04 m rear yard wood/lattice fence is erected at 262 MacDonell Avenue on top of the north one storey block/brick privacy wall at the expense of the owner of 266 MacDonell Avenue; and

viii)a 1.8 m front yard wood/lattice fence is erected at the south property line of the 266 MacDonell Avenue site.

2.Prior to the introduction of Bills in Council, the owner shall:

a)submit dimensioned plans of the development for the purpose of preparing site specific exemption by-laws;

and such plans should be submitted at least 3 weeks prior to the introduction of Bills in Council; and

3.The owner be required to:

a)Submit to the Commissioner of Works and Emergency Services:

i)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;

b)secure the approval of CN/CP railways with respect to the proposed building setback from the railway right-of-way prior to the issuance of a building permit;

c)provide space within the development for the construction of transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development;

d)apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to the filing a formal building permit;

e)submit revised drawings showing the requested setback of the rear garages, for the review and approval of the Commissioner of Works and Emergency Services;

f)conduct a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil and groundwater conditions and proposes remediation options, to be submitted to the Commissioner of Urban Planning and Development Services, for review and approval by the Medical Officer of Health, prior to the introduction of Bills in Council;

g)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;

h)prepare an Excavation Dust Control Plan and submit this plan to the Commissioner of Urban Planning and Development Services for approval by the Medical Officer of Health, prior to the issuance of any permit; and

i)implement the measures in the Excavation Dust Control Plan approved by the Medical Officer of Health.

4.The owner be advised:

a)That the storm water runoff originating from the site should be disposed of through infiltration into the ground and that the storm water 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;

b)of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out in the street allowance;

c)of the comments of the Commissioner of Urban Planning and Development Services with respect to the applicability of the Ontario Building Code to these buildings; and

d)of the need to include a warning clause in all Agreements of Purchase and Sale and Lease advising of possible noise and vibration from the nearby CN/CP railway tracks.

Background:

1.0Proposal

To permit the construction of two pairs of semi-detached buildings with parking garages located off the rear laneway.

2.0Site and Surrounding Area

This 901 square metre vacant site was the location of a former industrial building, which has been demolished. It is located on the west side of MacDonell Avenue, two properties south of Wabash Avenue. To the north are two lots approved for one pair of semi-detached buildings. Further north is a 5.6 acre public park. To the west a new subdivision is under construction consisting of 10 detached and 5 pairs of semi-detached houses on a new street. To the south is a small scrap metal handling building. Further south is a mix of semi-detached and detached homes. To the east are detached houses, with the CN/CP railway line located behind the rear yards.

3.0Consultation Process

On June 16, 1999, a public meeting was held in the neighbourhood. Eight residents attended in addition to one Ward Councillor, the community planner and the applicant/owner. Concerns raised by the residents at the meeting included increased traffic on MacDonell Avenue, the need for adequate lighting in the rear right-of-way, and the impact of the existing scrap metal yard on the proposed homes. A proposed privacy fence along the new public laneway at the south edge of the adjacent subdivision was also discussed.

Comments:

1.Current Planning Controls

The site is designated under the Official Plan as being within a Mixed Industrial Residential Area. The proposal is within the 2x density limits of the Official Plan Part I. Residential uses are permitted subject to a rezoning.

The site is zoned I1D2 which permits light industrial uses. The proposed residential use is not permitted as-of-right and a rezoning is required.

2.Planning Considerations

2.1Proximity of Scrap Metal Yard

The abutting property to the south of the site is occupied by a small scrap metal yard which has co-existed with the neighbourhood for several decades. The scrap metal yard has a 9.14 m crane that operates in the rear of the facility. To increase privacy for future residents I am recommending erection of a 3.04 m wood/lattice fence on top of the one storey block/brick wall which separates the scrap metal yard from the proposed residential units. I am also recommending that a 1.82 m wood/lattice property line fence be erected by the applicant in the front yard to provide screening from the adjacent scrap metal material drop off area. My staff have spoken to the owner of 262 MacDonell Avenue and he agrees that these measures will help avoid possible complaints about his operation.

The applicant provided a noise impact statement which states that the scrap metal handling operation does not contain any noise sources. A small shear and compactor are contained within the building. Given the small scale of this operation, the fact that the compactor is contained within the building, the recommended fencing, and the lack of complaints from the surrounding neighbourhood, I believe this is an acceptable relationship.

2.2Soil

A Phase 1 and 2 Environmental Site Assessment was undertaken by Rubicon Environmental Inc.

This assessment, which included a historical review, site building audit, and soil sample testing for petroleum products, was found to be satisfactory by staff of the City's Environmental Health Services. However, further sub-surface soil testing has been requested to check for concentrations of copper, lead and zinc, now that the former industrial building has been demolished. The soil test results must be submitted to the Environmental Health Services prior to the submission of the Bills in Council for the Site Specific By-law.

2.3Proximity to Rail Corridor

The noise impact statement for the site also reviewed the significance of noise sources from the CN/CP railway track located at the rear of the houses on the east side of MacDonell Avenue. The noise impact statement concluded that the proposed buildings are well shielded from railway noise by the existing row of houses on MacDonell Avenue. The noise level from the CN/CP railway tracks was found to be within acceptable noise level guidelines. The noise impact statement advises of the need to include a standard warning on all Agreements of Purchase and Sale and Lease, advising of potential noise and vibration from the nearby CN/CP railway tracks.

The CN/CP railway property line is approximately 20 metres east of the proposed semi-detached buildings. CN policy normally requires a distance separation of 30 metres (or equivalent crash barrier protection). As noted above, an existing row of houses is located between this site and the railway right-of-way, and there is no opportunity to construct a crash barrier or equivalent protection. The property to the north has been rezoned to permit new homes approximately 16 m from the railway right-of-way. However, since comments have not been received to date from the railways, I am recommending that the applicant secure approval for the proposed setback from CN/CP, prior to the issuance of a building permit.

2.4Lot Severances

The applicant intends to market his project as freehold units and this requires the creation of individual lots. I have no objection to the creation of the four proposed lots through Committee of Adjustment severances. The property to the north was previously rezoned to permit one pair of semi-detached buildings and the current application will permit construction of the southern portion of the development. Upon approval of the current rezoning application, the applicant will apply for Committee of Adjustment approval to sever the parcels and create freehold lots for each semi-detached dwelling.

2.5Public Lane Access/Privacy Fences to Wright Avenue Properties

During the public consultation meeting several home owners on Wright Avenue raised issues regarding the developer's abutting project at 7-29 Wabash Avenue. The developer indicated that he was committed to providing a brick or wood privacy fence for the owners abutting the laneway along the south edge of the property. Subsequent review by Works and Emergency Services indicated that a wood fence could be attached to the existing concrete retaining wall. The applicant has indicated a willingness to provide access to the rear of the Wright Avenue properties from the laneway after approval of the project. However, the design and construction of the retaining wall does not provide curb cuts to permit this access. As a result Works and Emergency Services are reviewing the wall construction and slope of the laneway to see if curb cuts for all of the affected properties are possible.

Contact Name:Barry Brooks

Telephone: (416) 392-0758

Fax: (416) 392-1330

E-Mail: bbrooks@toronto.ca

Beate Bowron

Director, Community Planning, South District

(p:\1999\ug\uds\pln\to991978.pln) - smc

APPLICATION DATA SHEET

Site Plan Approval:	N		Application Number:	298009
Rezoning:	Y		Application Date:	December 23, 1998
O. P. A.:	N		Date of Revision:	August 31, 1999

Confirmed Municipal Address:266 MacDonell Avenue

Nearest Intersection:	South west corner of MacDonell Ave. and Wabash Ave.
Project Description:	To build 4 semi-detached houses.

Applicant: G. Bettencourt Designs Ltd. 1112 Dundas Street West 532-2845

Agent: G. Bettencourt Designed Ltd. 1112 Dundas Street West 532-2845

Architect:

PLANNING CONTROLS (For verification refer to Chief Building Official)

Official Plan Designation:	Mixed I.R.	Site Specific Provision:	No
Zoning District:	I1 D2	Historical Status:	No
Height Limit (m):	14.0	Site Plan Control:	No

PROJECT INFORMATION

Site Area:	901 m2		Height:	Storeys:		2
Frontage:				Metres:		8.53
Depth:
				Indoor		Outdoor
Ground Floor:	302.48 m2		Parking Spaces:	4
Residential GFA:	604.96 m2		Loading Docks:
Non-Residential GFA:			(number, type)
Total GFA:

DWELLING UNITS					FLOOR AREA BREAKDOWN
Tenure:	Freehold				Land Use	Above Grade	Below Grade
Total Units:	4				Residential

PROPOSED DENSITY
Residential Density: .67	Non-Residential Density:	Total Density: .67

Data valid:

August 31, 1999

Section:

CP South District

Phone:

392-7333

APPENDIX A

Comments of Civic Officals

1.Medical Officer of Health (March 4, 1999)

Thank you for your request of January 8, 1999 to review and comment on the above referenced site. Staff at Environmental Health Services (EHS) have reviewed this application and offer the following comments.

Comments:

Our Department has previously commented on this site on April 3, 1996 when an application (#196008) to convert the existing 2-storey industrial building into residential dwellings was filed. At that time we requested the owner/applicant to provide a Historical Review, Site and Building Audit, Soil and Groundwater Management Plan, and a Dust Control Plan. Additional comments by us on June 5, 1998 found that no historical review, no dust control plan, and limited soil and groundwater testing was provided, which did indicate elevated levels of copper, lead and zinc. The consultant at that time recommended further sampling. Our most recent comments related to a Demolition Permit application (#416121) which included a Phase 1 and 2 Environmental Site Assessment by Rubicon Environmental Inc. Our comments noted that the historical review and site/building audit were satisfactory. The soil analysis indicated that it would be classified as registerable non-hazardous, however, the sampling related only to petroleum contamination. The consultant at that time also recommended additional subsurface sampling once the demolition is complete. The site is currently vacant and the applicant is requesting permission to sever the land into 3 parts and build one pair of 2-storey semi-detached houses and half of another pair.

Recommendations:

1.(i)That the owner shall conduct a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil and groundwater conditions and proposes remediation options, to be submitted to the Commissioner of Urban Planning and Development Services, for review and approval by the Medical Officer of Health, prior to the introduction of a Bill in Council.

(ii)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.

2.(i)That the owner prepare an Excavation Dust Control Plan and submit this plan to the Commissioner of Urban Planning and Development Services for approval by the Medical Officer of Health, prior to the issuance of any permit.

(ii)That the owner implement the measures in the Excavation Dust Control Plan approved by the Medical Officer of Health.

By copy of this letter I have advised the owner/applicant accordingly. If you have any questions, please do not hesitate to contact me at 392-7685.

2.Urban Planning and Development Services (December 14, 1998)

Preliminary Zoning Notice

9Draft Notice:Final Notice

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. For the proposal to proceed, the plans may be revised to comply, an application for variance(s) be granted by the Committee of Adjustment, or City Council adopts a site specific By-law. Revised plans should be sent to the Examiner, Robert Johnston. For information on Committee of Adjustment approvals and application forms, please visit the Committee of Adjustment Office, Main Floor West, Toronto City Hall or telephone (416) 392-7565. For an application for a site specific By-law, telephone (416) 392-7132.

1.	The proposed use, (semi-detached houses and their proposed garages at rear of the lot), are not permitted. (Section 9(1)(f))

Other Applicable Legislation and Required Approvals

1.	The proposal DOES NOT require Site Plan approval under Section 41 of the Planning Act.
2.	The proposal DOES NOT require 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 the approval of Heritage Toronto under the Ontario Heritage Act.
4.	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.

Additional Comments

Changes to the proposal

Revised plans must clearly identify all changes. Extensive changes to the proposal will require a new application to be submitted along with a separate application fee.

City of Toronto Requirements

Environmental measures

In addition to the energy and water conservation measures in the Ontario Building Code (ASHRAE 90.1 Section 9.25, Part 7 etc.), it is City Council's policy that projects be designed with regard for energy and water conservation, material recovery and waste reduction and, where applicable, noise impact, transportation demand management and avoidance of exposure to electric and magnetic fields.

Protection of trees

The City requires the protection of existing trees on City and private property and encourages new tree planting. A permit is required to injure or destroy any public tree and those private trees having a diameter of 30 centimetres or more measured at 1.4 metres above ground level. (City of Toronto Municipal Code, Chapter 331, Trees)

Protection against termites

New construction with wood structural members must be made resistant to termites. Homeowners are also encouraged to construct in a manner that will discourage termite infestation, including re-treating previously treated soil which has been disturbed. (Ontario Building Code and City of Toronto Municipal Code Chapter 326)

Smoke alarms

City of Toronto Municipal Code Chapter 300, and Building and Fire Codes require smoke alarms be installed and maintained on each storey of every dwelling unit, including the basement.

Carbon Monoxide Detectors

In addition to the Ontario Building Code requirement for a carbon monoxide detector in each room in which a solid fuel-burning appliance is installed, the Carbon Monoxide Detector By-law requires that at least one (1) carbon monoxide detector be installed in each dwelling unit containing a fuel-burning appliance, in each dwelling unit located on the same floor level as a fuel-burning appliance, and in each dwelling unit located on the two floors immediately above a floor level containing a fuel-burning appliance. (City of Toronto By-law No. 60-1998)

Preliminary Zoning Notice sent to:

Owner	Applicant
590266 Ontario Ltd. 1112 Dundas St. West. Toronto, Ont. M6J 1X2	Greg Bettencourt 1112 Dundas St. W. Toronto, Ont.

Distribution:District Inspections Office Information and Permit Services

3.Works and Emergency Services (April 6, 1999)

Recommendations:

1.That the owner be required to:

(a)Provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development;

(b)Set back the garages a minimum of 0.3 m from the west property line;

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

(d)Submit to the Commissioner of Works and Emergency Services:

(i)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;

(ii)Dimensioned plans of the development for the purpose of preparing site specific exemption by-laws;

and such plans should be submitted at least 3 weeks prior to the introduction of Bills in Council;

(e)Submit revised drawings with respect to Recommendation No 1(b), above, for the review and approval of the Commissioner of Works and Emergency Services;

2.That the owner be advised:

(a)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; and

(b)Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance.

Comments:

Location

West side of MacDonell Avenue, south of Wabash Avenue.

Previous Applications

This site was the subject of Site Plan Review Application No. 390191 and Rezoning Application No. 196008.

Proposal

Construction of one and one-half semi-detached dwelling buildings (3 dwelling units). The other half of the northerly semi-detached dwelling building is the subject of Rezoning Application No. 195022 on which comments were provided in my March 31, 1999 report to you.

Parking and Access

The proposed provision of one parking space to serve each dwelling unit, contained in a detached garage at the rear of each lot, satisfies the estimated parking demand generated by the project and, as far as can be ascertained, the Zoning By-law requirement for a like number.

Ingress to/egress from the parking garages is provided via a 4.27 m wide right-of way at the rear of the site, extending between Wabash Avenue to the north and a 5.0 m wide east-west public lane to the south. Given the narrow width of this right-of-way, vehicular manoeuvres into and out of the parking garages would be difficult. In this regard, I note that the existing garages on the west side of the right-of-way are set back 0.3 m from the limit of the right-of-way. Therefore, in order to provide some additional manoeuvring room, it is recommended that the proposed garages also be set back at least 0.3 m from the east limit of the right-of-way.

Refuse Collection

The City will provide this project with curbside refuse collection on MacDonell Avenue in accordance with the provisions of the Municipal Code, Chapter 309 (Solid Waste).

Municipal Services and Storm Water Management

The existing water distribution system and sanitary sewer system are adequate to serve this project.

It is the policy of City Council to require the infiltration of storm water run-off into the ground for all new buildings, whenever possible. Therefore, storm connections to the City sewer system will only be permitted if it can be demonstrated that infiltrating storm water into the ground is not feasible. Further information regarding storm drainage can be obtained by contacting the Engineering Branch (telephone no. 392-6787).