ZONING BY-LAW AMENDMENT TWINS PEAK CONSTRUCTION LTD.

424 GILBERT AVENUE

(Ward 28 -York - Eglinton)

Director, Community Planning, West District

(June 3, 1999)

Purpose:

To consider a proposal to amend Zoning By-law 1-83 with respect to the property located on the west side of Gilbert Avenue south of Eglinton Avenue, municipally known as 424 Gilbert Avenue, from PE-Prestige Employment Zone to R2-Residential Zone to permit the development of three pairs of three storey semi-detached dwellings.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that:

1)the application by Twins Peak Construction Ltd. be approved and York Zoning By-law 1-83 be amended in accordance with the draft Zoning By-law attached as Schedule 1 to this report, subject to a Public Meeting to obtain the views of interested parties.

2)Prior to the introduction of the draft Zoning By-law attached as Schedule 1 to City Council for enactment, the applicant's noise consultant submit a revised Noise Impact Study and recommendations in order to address noise concerns from the Caranci Grape lands to the satisfaction of City staff.

Background:

On March 3, 1998, Twins Peak Construction Ltd. submitted a rezoning and site plan application to permit the development of three pairs of three storey semi-detached dwellings.

Site Description and Surrounding Uses:

The vacant 0.14 ha (0.34 ac) slightly irregular shaped site is located on the west side of GilbertAvenue south of Eglinton Avenue West (Exhibit No. 1). The site has been vacant for many years, and previously occupied by an industrial building. Topography at the site slopes down from the rear towards the southeast.

The subject lands are part of a small pocket of older industrial buildings on the west side of GilbertAvenue. This employment area has been undergoing transition to vacant lands or non-employment uses leaving fewer and fewer industrial uses in ageing buildings. This application represents a continuation of this trend.

The surrounding land uses are as follows:

North:Fronting onto Gilbert Avenue, lands are similarly zoned PE-Prestige Employment Zone. Directly abutting the subject site (450 Gilbert Avenue) the lands are vacant and the subject of a similar rezoning application (five pairs of three storey semi-detached dwellings) which is currently under review by Planning staff. This application will be the subject of a separate report (R98-008). Further north lands are zoned PE-Prestige Employment Zone and are occupied by existing industrial uses. Beyond these industrial uses, lands are zoned MCR (Main Street Commercial/Residential) and occupied by low rise residential apartments.

South:Fronting onto Gilbert Avenue, lands are similarly zoned PE-Prestige Employment Zone and Open Space, and are occupied by an institutional use (crisis care facility for youth), existing low density residential uses (primarily single and semi-detached dwellings) and a local park (Bert Robinson Park).

West:At the rear of the site, lands are zoned Transportation and Utilities District (T) in which the Canadian National Railway (Secondary Main Line) and a single storey industrial building, Caranci Grape which warehouses, wholesales and retails grape juice for wine making purposes is located. Further west, opposite the CNR line lands are zoned R2-Residential Zone (R2) and are occupied by single, detached dwellings and a mid-rise apartment building which front onto two local streets Blackthorn Avenue and Woodenhill Court.

East:Fronting onto Gilbert Avenue lands are zoned R2-Residential Zone (R2) and occupied by low density residential uses, primarily single and semi-detached dwellings.

Proposal:

The project would consist of three pairs of three storey, semi-detached dwellings fronting onto Gilbert Avenue. Each unit have a driveway leading to at-grade integral garage. Exhibit No. 1 is a key map showing the site in relation to zoning and existing development in the area. Exhibits Nos. 2, 3 and 4 are the site plan and elevations, respectively. A summary of site statistics is provided below.

Official Plan:Prestige Employment

Zoning:

ExistingPE-Prestige Employment Zone

ProposedR2-Residential Zone (R2)

Site Area:0.14 ha(0.34 ac)

Units:6

Density:44 uph18 upa

Gross Floor Area:1 535m²16, 524 ft²

Floor Space Index:0.91

Coverage550 m²5, 922 ft²(39%)

Landscaped Area752 m²8, 095 ft²(54%)

Paved Area 98 m²1, 055 ft²( 7%)

Height: 9.6 m(31 ft.)three storeys

Parking Required:6 spacesParking Provided:12 spaces*

*(consists of 6 parking spaces required to comply with minimum by-law standard [1 space per dwelling unit] and 6 additional driveway spaces at the front of each unit)

The proposal consists of grade-related, semi-detached dwellings oriented towards Gilbert Avenue. All of the dwellings would be freehold and three storeys in height. Lot widths would generally be 6.2 m (20.3 ft.) and lot depths would be 34.6 to 37.5 m (113.5 to 123.0 ft.) due to the irregular shape of the lot. Mutual easements are proposed between each pair of semi-detached dwellings for maintenance and pedestrian access purposes. The applicant has been advised that the easements must be established as part of a part lot control and/or consent process (Exhibit No. 2).

Each dwelling unit would be approximately 255.8 m² (2, 753 ft²) in size, 5.8 m (19 ft.) in width, with a dwelling depth of 16.7 m (55 ft.) and would contain three levels of living space. The applicant has provided for a standard elevation which will be finished brick and stone veneer with asphalt roof shingles. Plans for the Gilbert Avenue frontage have been designed with with peaked roof elements, and large picture windows (Exhibits Nos. 3 and 4).

Front yards would be approximately 6 m (20 ft.) in depth. The rear yard depth would be 12.3 to 14.7 m (40.3 to 48.2 ft.) due again to the irregular shape of the lot. Landscaping would be provided in individual rear and front yards and within the public boulevards along Gilbert Avenue. Parking will be provided in at-grade integral garages set back 6 m (20 ft.) from the Gilbert Avenue property line. A second parking space will be available on the driveway of each lot.

Comment:

Official Plan and Zoning By-law:

The site is designated Prestige Employment in the York Official Plan. This designation generally provides for a wide range of employment activities including, industries, offices, design centres, business service establishments, recreational establishments and restaurants. Residential and live/work uses may, without amendment to the Official Plan, be introduced subject to certain criteria (contained within Section 12.8 of the Plan) for considering the appropriateness of the residential proposal.

While the subject site is in proximity to existing industrial uses to the west and north, the Prestige Employment designation permits the redevelopment of this and surrounding industrial properties for residential purposes (subject to the above-noted criteria), thus allowing for land use compatibility with the existing residential uses to the east and south of the subject site, to be achieved over time.

Staff have evaluated the application based on the criteria contained in Section 12.8 of the Plan, and are of the opinion that the proposed use generally satisfies those criteria as further discussed in Exhibit No. 5. A review of the Metropolitan Official Plan has not identified any City-wide issues.

In the event of approval, appropriate development standards regarding floor space index, building height, parking, setbacks, coverage, landscaped areas and a maximum number of units should be included in a site specific by-law.

Land Use and Site Design Considerations:

The site is located in an area with access to Gilbert Avenue and to Eglinton Avenue West which has been identified as a Metropolitan Arterial Roadway. Public transit is available on Eglinton Avenue and Caledonia Road located to the east of the site. The Works Department has not identified any concerns with respect to the capacity of the local roadway system to support the development. Staff note that the site also has convenient access to local shopping and community facilities.

The proposed residential development would be compatible with the neighbourhood to the east and south and with existing and proposed development to the north (450 Gilbert Avenue and 460GilbertAvenue, the subject of a similar applications for five pairs of three storey semi-detached dwellings, and two pairs of semi-detached dwellings, respectively). These applications are currently under review by Planning staff and will be the subject of a separate reports. This application would, however, place residential development in close proximity to existing industrial uses at the rear (west) of the site at the rear of 424 Gilbert Avenue (Caranci Grape Juice) and the Canadian National Railway secondary line to the west.

Staff reviewed the application within the context of the Ministry of Environment and Energy's "Guidelines on Separation Distances Between Industrial and Sensitive Land Uses", and Canadian National Railway Secondary Main Line requirements. The remaining abutting industrial use (Caranci Grape Juice) is permitted under the existing PE Zoning. Any redevelopment of the site would be subject to the provisions of the existing zoning and applicable CN requirements.

The proposed dwellings are separated from the existing abutting (Caranci Grape Juice) property and the Canadian National Railway secondary line by adequate rear yard depths. To improve the relationship of the rear yards to the abutting employment uses, in addition to applicable noise mitigation measures (and any approved revisions thereto), the applicant proposes to implement appropriate landscape buffering measures in the rear yard.

The applicant has provided a noise and vibration impact study (R²tm Associates - Noise Impact Study, September 14, 1998) which concludes that, within the context of the CNR secondary main line, mitigation measures for the ground-borne vibration are not needed for this development.

With respect to noise impact, the only recommendations the consultant has made, include forced air heating systems (with ducting sized to accommodate the future installation of air conditioning), Ontario Building Code standard exterior wall construction and approved double glazing within each dwelling unit. The consultant has also recommended that warning clauses be inserted in all title agreements, or offers of purchase and sale.

Canadian National Railway upon review of the application have objected to the application as the proposed residential development does not comply with their Secondary Main Line Requirements. Planning staff met with CN in connection with general development considerations within the area. CN staff at that time suggested that noise and safety considerations had not been adequately addressed by the applicant and that a safety berm and noise attenuation or alternate means of protection for the residential use would be required as part of the development.

Staff note that noise attenuation screening in conjunction with a safety berm has been proposed for the rezoning application on the abutting property (450 Gilbert Avenue). In addition, the applicant's noise consultant for 450 Gilbert Avenue also identified a further noise concern, which was not identified in connection with the report for this property, emanating from a refrigeration unit mounted on-top of a transport trailer at the Caranci Grape Juice property, which this site directly abuts.

With respect to CN's concerns regarding the requirement of a safety berm, staff note that there is an intervening property between CN's lands and the subject site, whereas the adjoining site at 450Gilbert Avenue abuts directly the CN lands. The intervening property, owned by Caranci Grape Juice, is occupied by a concrete block industrial building. The building is approximately 24 m (80ft.) in length and parallel to the rear of the subject site. Staff also note that the rear of the proposed semi-detached dwelling units will be located beyond the 30 m setback guideline identified by CN. Staff acknowledge the fact that CN's requirements include provision for the 30 m separation in conjunction with a safety berm.

The property at 422 Gilbert Avenue, also abutting the CN line, was developed within the last six years for a crisis care facility and does not have safety berm incorporated within the development. In light of exisitng site conditions including the existence of an intervening property on which an exisitng industrial building is located and the similar circumstances of the abutting property to the south at 422 Gilbert Avenue. Staff are of the opinion that a safety berm is not warranted as part of this development application.

Staff, however, are concerned with the noise considerations affecting the subject site. The noise concerns identified by the abutting property's (450 Gilbert Avenue) noise consultant had not been identified nor addressed by the subject property's noise consultant. Staff request that the noise consultant for the subject lands revisit his report and recommendations in order to satisfactorily address those concerns prior to Council's consideration of the amending By-law.

A second measure of protection can be provided for these industries by requiring appropriate warning clauses registered on title to the lands through consent or Site Plan Agreements. The clauses would advise future owners and occupants of existing industrial uses in the area.

Agency/Department Circulation:

In response to the circulation of plans submitted in support of this application the Municipal Standards Division of Urban Planning and Development Services, Fire Department, Toronto Hydro and Health Department have expressed no concerns regarding the proposal.

Professional Services Division of the Works and Emergency Services Department, advise that the existing municipal watermain, storm and sanitary sewer on Gilbert Avenue can adequately accommodate the development. The applicant would be required to provide municipal curbs and sidewalks that are absent on Gilbert Avenue. A grading plan is also required to the satisfaction of Works and Emergency Services (Exhibit No. 6).

The Toronto District Catholic School Board has no objection to the application. They have however, expressed their concern regarding overcrowding and the lack of permanent facilities at Dante Alighieri Catholic Secondary School. Junior grade students can be accommodated at St.ThomasAquinas Catholic School (JK-8).

Canadian National Railway advise that appropriate mitigation measures must be incorporated within the proposed development in accordance with their Secondary Main Line Requirements (ExhibitNo.7). As noted previously, the applicant has provided Noise and Vibration Studies recommending mitigation measures and warning clauses.

Toronto Hydro staff advise that servicing requirements will be required to be confirmed to their satisfaction and that a servicing agreement may be required (Exhibit No. 8).

Parks and Recreation Services, and Toronto District School Board comments remain outstanding.

Environmental Matters:

The site was formerly used for industrial purposes and soil contamination may be an issue. The applicant has been advised that an investigation of the site should be undertaken by a qualified environmental consultant, and that a Record of Site Condition, which includes an affidavit of the consultant and Ministry of Environment and Energy acknowledgement of receipt of the record, must be received by the City prior to a building permit(s) being issued for the residential use of the site. This process is in accordance with the Interim Policy and Regulation Approach for Development Applications on Contaminated Sites, which was adopted by the former City of York Council on December11, 1996.

A provision will be included in the amending Zoning By-law to require that prior to the issuance of a Building Permit(s) for the semi-detached dwelling development, a Record of Site Condition (which has passed an applicable Ministry of Environment and Energy audit, if applicable) be submitted to the City, and that the suitable use of the land as set out in the Record is consistent with the use for which the building permit(s) has been requested.

Given the presence of current industrial uses in the immediate vicinity, the developer will also be required to include warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area to the satisfaction of the City Solicitor. Provision of these clauses would be secured by agreement as part of the site plan approval or consent process.

Community Meeting:

On February 25, 1999, a community meeting was held in connection with the rezoning applications for both 424 and 450 Gilbert Avenue. Residents at that time expressed concerns with the semi-detached form of the development, vehicle parking, and snow storage.

Staff note that the semi-detached form proposed by the applicant, is compatible with exisitng single and semi-detached dwellings in the community. Parking will be provided in at-grade integral garages with a second parking space available on the driveway of each lot. There exists sufficient areas at the front of the dwelling and on the newly created public boulevard for snow storage purposes.

Further Planning Approvals and Agreements:

The applicant is requesting freehold tenure with the sale of individual lots to be facilitated through the consent process and/or the lifting of part-lot control. No application to either the Committee of Adjustment or the lifting of part-lot control has yet been received.

Conclusions:

This Department has evaluated the application within the context of the policies of the Official Plan and is of the opinion that the proposed use is appropriate. The subject property is designated Prestige Employment and the proposed rezoning generally complies with the criteria set out in Section 12.8 of the Official Plan for the introduction of residential uses in Employment designations.

Notwithstanding the project's general compliance with the Official Plan criteria, the rezoning of these lands and of the lands at 450 Gilbert Avenue would leave a remaining industrial parcel (Caranci Grape Juice) within a predominantly residential area. If the separation and acceptable environmental mitigation measures are incorporated the potential land use conflicts between the existing industrial use and residential development will be minimized.

It is recommended that the application be approved, subject to fulfillment of the following conditions:

Conditions to Approval:

1.A Public Meeting to obtain the views of interested parties.

2.Prior to the introduction of the draft Zoning By-law attached as Schedule 1 to City Council for enactment, the applicant's noise consultant shall submit a revised Noise Impact Study and recommendations in order to address noise concerns from the Caranci Grape lands to the satisfaction of City staff.

3.A site-specific amending by-law satisfactory to the City Solicitor and in accordance with the draft Zoning By-law attached as Schedule 1, shall be recommended for approval. The draft Zoning By-law provides for the rezoning of the site from PE-Prestige Employment to R2-Residential Zone and will provide for the submission of a Record of Site Condition confirming that the suitable use of the land as set out in the Record is consistent with the use for which the building permit(s) has been requested. The By-law will further make provision for lot frontage, unit width, lot area, floor space index, building height, setbacks, coverage, parking, landscaping, fencing and maximum number of units.

4.Further detailed consideration of the proposal under Site Plan Control to include inter alia:

i)Signing of a Site Control Agreement, which may include the provision of warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area, and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of City staff and City Solicitor.

ii)Submission of site and landscaping plans detailing fencing, curbing, grading, retaining walls, street trees, planting, noise attenuation features, to the satisfaction of City staff, and posting of an appropriate financial guarantee to ensure compliance with the approved plans.

iii)Provision of on-site services including a stormwater management facility and the submission of a grading plan, the signing of agreements, and the posting of financial guarantees, if required by the Works and Emergency Services.

iv)The developer to pay the prevailing development charges in effect at the time of issuance of building permits and five percent cash in lieu of parkland dedication.

Contact Name:

Paulo Stellato, MCIP, RPP

Community Planning, West District

Tel: (416)394-6004Fax: (416)394-6063

Exhibit No. 5

Official Plan Criteria - Section 12.8

(i) location=s potential for employment activities;

It is noted that the site is of limited size [0.14 ha (0.34 ac)], has been vacant for years and is located on the southwestern periphery of the Prestige Employment Area immediately adjacent to a predominantly residential area which extends south from Eglinton Avenue and east of Gilbert Avenue beyond Caledonia Road. This employment area contains a limited number of dated industrial buildings designated for employment uses to the north, many of which are located adjacent to existing and proposed residential uses.

Staff have considered the alternative of retaining these lands for employment generating uses in anticipation of long term redevelopment. It is concluded that it is appropriate to permit alternative uses on the subject site adjacent to the existing residential area where employment uses are less likely to be attracted.

(ii)impact of residential, live-work development on existing employment and residential activities in the surrounding area;

While the proposed residential development would be compatible with the neighbourhood to the east and exisitng and proposed residential development to the south. It would, however, place residential development in close proximity to existing industrial at the rear of the property Caranci Grape Juice and the Canadian National Railway secondary line to the west.

A measure of protection can be provided for these existing industries by requiring appropriate warning clauses registered on title to the lands through consent or Site Plan Agreements. The clauses would advise future owners and occupants of existing industrial uses in the area.

If separation, buffering, and acceptable environmental mitigation measures are incorporated, the potential land use conflicts between the existing industrial use and residential development will be minimized.

(iii) environmental suitability for residential, development;

The site was formerly used for industrial purposes and soil contamination may be an issue. The applicant has been advised that an investigation of the site should be undertaken by a qualified environmental consultant, and that a Record of Site Condition, which includes an affidavit of the consultant and Ministry of Environment and Energy acknowledgement of receipt of the record, must be received by the City prior to a building permit(s) being issued for the residential use of the site. This process is in accordance with the Interim Policy and Regulation Approach for Development Applications on Contaminated Sites, which was adopted by the former City of York Council on December 11, 1996.

A provision will be included in the amending Zoning By-law to require that prior to the issuance of a Building Permit(s) for the semi-detached dwelling development, a Record of Site Condition (which has passed an applicable Ministry of Environment and Energy audit, if applicable) be submitted to the City, and that the suitable use of the land as set out in the Record is consistent with the use for which the building permit(s) has been requested.

Given the presence of current industrial uses in the immediate vicinity, the developer will also be required to include warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area to the satisfaction of the City Solicitor. Provision of these clauses would be secured by agreement as part of the site plan approval or consent process.

(iv) availability of social and community services and residential amenities.

The site is located within walking distance of the commercial strip along Eglinton Avenue West, an arterial roadway, where a variety of retail facilities are available. Public transit is available on Eglinton Avenue and Caledonia Road.

Due to the limited height and proposed separation of the proposed development from adjoining residential uses, shadowing of existing residential development is not expected. Existing dwellings adjacent to the site would benefit from the introduction of residential uses on lands now zoned for industrial purposes.

The site is approximately 150 metres distance from the nearest existing public park, Bert Robinson Park, located at the end of Gilbert Avenue.

The Toronto District Catholic School Board have no objection to the application. They have however, expressed their concern regarding overcrowding and the lack of permanent facilities at Dante Alighieri Catholic Secondary School. Junior grade students can be accommodated at St. Thomas Aquinas Catholic School (JK-8). The Toronto District School Board have not provided comments to-date.