STAFF REPORT

November 17, 1999

To: Toronto Community Council

From: Acting Commissioner of Urban Planning and Development Services

Subject: Status Report on Zoning By-law Amendment - 40 Colgate Avenue, 309 and 355 Logan Avenue, Application No. 199003

(Don River)

Purpose:

To clarify some outstanding issues for the project at 309 and 355 Logan Avenue and 40 Colgate following requested discussions with the applicant and adjacent landowner as requested by Council on September 28 and 29, 1999.

Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that this report be received for information.

Background:

At its meeting held on September 28 and 29, 1999, the Council of the City of Toronto approved the Draft By-law and granted authority to introduce the Bill in Council with respect to the proposal for 78 semi-detached houses and 28 townhouses on 40 Colgate Avenue and 309 and 355 Logan Avenue. In addition, Council requested that I undertake further discussions with the Aragon (Logan) Development (Ontario) Corporation to clarify the proposed fence and the integration of the proposed public lane between this project and 250-302 Carlaw Avenue. Council also directed that the approval of the Zoning By-law not constitute an approval of the fence or the laneway arrangements on the eastern perimeter of the development property.

Comments:

Discussions were undertaken with the applicant and the adjacent landowner to clarify the issues regarding the proposed fence and the proposed public lane on the eastern perimeter of the site. There are two main issues. First, a fence was proposed in order to ensure some additional privacy for the future residents of the townhouses that are proposed to line the new public lane. Secondly, a grade difference presently exists between the two sites.

The proposed 5 metre public lane is required to service the rear garages of the proposed townhouses and is satisfactory to staff of Works and Emergency Services and Planning. It will be properly drained with catchment basins prior to the City acquiring the lane for public use. The owner of 250-302 Carlaw Avenue, as the adjacent property owner, will have access to this lane when it comes to the public domain. However, the existing grade change between the two sites will make it difficult to use this lane.

The site known as 250-302 Carlaw Avenue is also subject of a rezoning application for a new 4 storey live/work building with retail at grade. As part of this application the lane may be required to be widened to 6 metres if the project requires access to the lane for commercial purposes. There is a direct benefit for the property owner at 250 Carlaw Avenue if the development to the west proceeds first. Construction costs for the first 5 metres of the public lane will be paid for by Aragon.

The applicant for 309 and 355 Logan Avenue has agreed to eliminate the fence and red line the site plan approval plans to indicate this change. Planning and Works staff are not objecting to the deletion of the fence and the lane widening issue will be dealt with as part of Application No. 299009 for 250-302 Carlaw Avenue.

To date, the adjacent owners have not been able to reach an agreement on the lane. The owner of 250-302 Carlaw Avenue has appealed the Zoning By-law for 309-355 Logan Avenue to the Ontario Municipal Board. This situation is a good candidate for mediation as the parties may be able to resolve the level of the lane. If the parties are unable to resolve the issues, the matter will be dealt with at the Ontario Municipal Board.

Conclusion:

Council asked planning staff to clarify the proposd fence and the integration of the proposed public lane between the Aragon project and the property at 250-302 Carlaw Avenue. This matter will proceed to the Ontario Municipal Board as the owners have been unable to reach an agreement to date. However, discussions are still underway with the parties and at this point it is reasonable to delete the fence and proceed with the proposed 5 metre public lane. In view of the appeal legal and planning staff will be involved in the hearing. Legal staff concur with this report.

Contact: Denise Graham

Senior Planner

Community Planning, East Section

Telephone: 392-0871

Fax: 392-1330

E-Mail: dgraham1@toronto.ca

Beate Bowron

Director, Community Planning, South District

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