17.220 BOWIE AVENUE - ZONING BY-LAW AMENDMENT APPLICATION, Ward 28, York Eglinton.

Sandra Chan, Real Estate Management, Canadian National Railway, to City Clerk

(December 22, 1998)

We have reviewed your letter dated 21 December 1998, regarding the above-noted application and have the following comments:

1.The Owner is required to insert the following warning clause in all development agreements, offers to purchase, agreements of Purchase and Sale or Lease and include in a Noise Impact Statement:

"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 expansion may 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."

2.The Owner is required to engage a consultant to undertake an analysis of noise and vibration and provide abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment and Canadian National.

We request receiving notice of the Amendment being approved.

Should you have any further questions, please do not hesitate to contact the undersigned at (416) 217-6961.

Clause Number 7(d) embodied in Report No. 15 of the York Community Council at its meeting held on December 9, 1998

(d)220 Bowie Avenue - Zoning By-law Amendment Application,

Ward 28, York Eglinton.

The York Community Council reports having approved Recommendation (1) in the following report:

(December 9, 1998) from the Director, Community Planning, West District, advising of a proposal to amend York Zoning By-law No.1-83 regarding a property located on the north-east corner of Caledonia Road and Bowie Avenue, from PE-Prestige Employment Zone to R2-Residential Zone to permit the development of seven pairs of two and three storey semi-detached dwellings; and recommending that:

(1)the application by Bowie Caledonia Developments Ltd. be referred to a Public Meeting to be scheduled in January, 1999, to obtain the views of interested parties;

(2)the application be approved and York Zoning By-law No. 1-83 be amended in accordance with the draft Zoning By-law Amendment attached as Schedule 1 to this report;

(3)prior to Community Council's consideration of the application and draft Zoning By-law, confirmation be provided to staff by a qualified acoustical engineer of the adequacy of the proposed buffer and/or separation including the incorporation of adequate mitigation measures, if required; and

(4)in the event of approval, authority be given to appropriate staff to prepare any necessary by-laws and/or enter into any necessary agreements to facilitate the conveyance, construction and dedication of the public lane to applicable City standards.