ZONING BY-LAW AMENDMENT 1289643 ONTARIO LTD. 450 GILBERT AVENUE

(Ward 28 -York - Eglinton)

Director, Community Planning, West District

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 450 Gilbert Avenue, from PE-Prestige Employment Zone to R2-Residential Zone to permit the development of five 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 1289643 Ontario Limited 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:

i)The applicant advise which noise mitigation measure will be utilized; and,

ii)if the applicant chooses to make arrangements with the abutting owners of Caranci Grape to address noise impact, confirmation be provided that an agreement has been executed between the two parties involved, with disclosure of the works that are to take place on the Caranci lands, and confirmation be provided from the applicant's consultant that the noise impact has been satisfactorily mitigated in accordance with his report; and,

iii)Confirmation from Professional Services Division of the Works and Emergency Services Department that the proposal is satisfactory.

Background:

On October 5, 1998, 1289643 Ontario Ltd. submitted a rezoning and site plan application to permit the development of five pairs of three storey semi-detached dwellings.

Site Description and Surrounding Uses:

The vacant 0.34 ha (0.85 ac) site is located on the west side of Gilbert Avenue south of EglintonAvenue West (Exhibit No. 1). A two storey industrial building, previously used by EmpireFurniture Manufacturing Co. Ltd. was once located on the site and has since been demolished. Prior to this use, the building had been occupied by other furniture manufacturing and woodworking companies. opography 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 rear 9 to 11 m (29 to 36 ft.) wide portion of the property is encumbered with an easement to provide an access/egress driveway for the abutting property that is located at the rear and to the southwest of the subject lands. A single storey industrial building Caranci Grape which warehouses, wholesales and retails grape juice for wine making purposes occupies this property.

The surrounding land uses are as follows:

North:Opposite an 6 m (20 ft.) wide Canadian National Railway service driveway, lands are zoned PE-Prestige Employment Zone and are occupied by existing industrial uses. Further north, lands are zoned MCR-Main Street Commercial/Residential and occupied by low rise residential apartment buildings.

South:Fronting onto Gilbert Avenue, lands are similarly zoned PE-Prestige Employment Zone. Directly abutting the subject site (424 Gilbert Avenue) the lands are the subject of a similar rezoning application to permit (three 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 (R98-001). Further south, lands are 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 and a local park (Bert Robinson Park).

West:Beyond the crest of the slope, lands are zoned Transportation and Utilities District (T) in which the Canadian National Railway (Secondary Main Line) is located. In addition to the railway are remnant industrial uses including Caranci Grape. 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 BlackthornAvenue 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 consists of five pairs of three storey, semi-detached dwellings fronting onto GilbertAvenue. Each unit have a driveway leading to at-grade integral garage.

Exhibit No. 1 is the 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:0.34 ha (0.85 ac)

Units: 10

Density: 29 uph 12 upa

Gross Floor Area:1721.6 m²18, 531.7 ft²

Floor Space Index:0.51

Coverage 860.8 m² 9, 265.9 ft²(25%)

Landscaped Area 2 282.8 m²24, 572.6 ft²(66%)

Paved Area 290 m⁵ 3, 121.6 ft²( 9%)

Height: 10.7 m(35 ft.)three storeys

Parking Required: 10 spaces

Parking Provided:20 spaces*

*(consists of 10 parking spaces required to comply with minimum by-law standard [1 space per dwelling unit] and 10 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 5.4 m (17.7 ft.) and lot depths would be 64.8 m (212 ft.). 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 172 m² (1, 851 ft²) in size 4.87 m (16 ft.) in width, with a dwelling depth of 19.5 m (64 ft.) and would contain three levels of living space. The applicant has provided for two different elevations 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, covered porches 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 16.9 m (55ft.) to the toe of the noise attenuation and safety berm slope which is proposed at the rear of the property. Landscaping would be provided in individual rear and front yards and within the public boulevards along Gilbert Avenue. In addition, the railway side of the berm will be landscaped with low maintenance plant material. The maintenance of the plant material and the paved portion of the easement will be the responsibility of each perspective land owner or by alternative arrangements to the satisfaction of the City.

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 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. 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 existing and proposed development to the south. It would, however, place residential properties in close proximity to existing industrial uses north of the site on Gilbert Avenue, southwest of the site to the rear of 424 Gilbert Avenue (Caranci Grape Juice) and the Canadian National Railway secondary line to the west. The balance of much of the lands on Gilbert Avenue north of the subject lands will remain designated for employment opportunities. However, a similar application has recently been submitted to also rezone the adjoining industrial property to the north at 460GilbertAvenue for 2 pairs of semi-detached dwellings.

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 PEZoning. 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, the applicant, in addition to applicable noise mitigation measures, proposes to implement appropriate landscape buffering measures in the rear yard. Employment uses to the north are separated by a 6 m (20 ft.) wide Canadian National Railway service driveway. In addition to a 0.52 m (1.7 ft.) sideyard setback the applicant will implement appropriate landscape buffering measures including the installation of a wood screen fence along the north property line.

The applicant has provided the requisite studies (J. E. Coulter Associates Limited - Vibration Measurements and Noise Impact Study, April 21, 1999) which concludes that, within the context of the CNR secondary main line, mitigation measures for the ground-borne vibration is not needed for this development. However, with respect to noise impact, the consultant has made a number of recommendations including the construction of an acoustic fence (2.5 m/8 ft.) and installation of a berm (2.0 m/6.5 ft.) at the rear of the property closest to the CN Railway line. Other recommendations include forced air heating systems (with ducting sized to accommodate the future installation of air conditioning) within each dwelling unit and requisite Ministry of Environment and CN Railway warning clauses to be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or lease.

The study, however, identified a further noise concern emanating from a refrigeration unit mounted on-top of a transport trailer at the Caranci Grape Juice site. In order to address this the consultant has offered alternative solutions including the construction of a 6.25 m (20 ft.) high noise attenuation fence along the southern most property line or the repair and/or replacement of the truck type refrigeration unit located on the Caranci Grape lands.

The fence by-law for the former City of York permits the construction of acoustical fences in combination with grade alterations provided that the height of the fence does not exceed 5.1 m (16.7ft.), where this mitigation measure is recommended by a Noise Impact Report. The recommended 6.25 m (20 ft.) high noise attenuation measure can be accommodated as a combination of an acoustical fence and rear yard grading/retaining wall feature. In the event that this alternative is pursued a revised site and grading plan will be required as part of the Site Plan Control approval.

As an alternative the applicant can repair and/or replace the truck type refrigeration unit located on the Caranci Grape lands.

The applicant is required to advise which alternative he wishes to pursue. If the applicant chooses to make the necessary arrangements with the owners of Caranci Grape to address the noise concern, prior to Council's consideration of the amending By-law, staff will require confirmation that an agreement has been executed between the two parties involved, with disclosure of the works that are to take place on the Caranci lands, and confirmation from the consultant that the noise has been satisfactorily mitigated in accordance with his report.

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.

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).

Parks and Recreations Services staff advise that the subject proposal is subject to a 5% cash-in-lieu of parkland dedication to be secured at the time of consent approval. The street trees species proposed by the applicant (Tilia flavescens - "Gleleven") is acceptable and should be provided at a minimum 60 mm calliper.

Canadian National Railway advise that appropriate mitigation measures must be incorporated within the proposed development in accordance with their Secondary Main Line Requirements (ExhibitNo.6). As noted previously the applicant has provided Noise and Vibration Studies recommending mitigation measures and warning clauses. These studies have been forwarded to CN for their review and comment.

Professional Services Division of the Works and Emergency Services Department, 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 submitted a Phase I Environmental Site Assessment Report, prepared by an environmental consultant, INTERA Consultants LTD. (October 3, 1997). The applicant has been advised that in addition to the investigation of the site, 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.

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-detachedform of the development, vehicle parking, and snow storage.

Staff note that the semi-detached form proposed by the applicant, is compatible with existing 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:

A Site Plan Control Application has also been submitted and is being processed concurrently. 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 424 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 fulfilling the following conditions:

Conditions to Approval:

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

2.Fulfilment of the following conditions by the applicant prior to the enactment of an amending by-law attached as Schedule 1:

i)The applicant advise which alternative mitigation measure will be utilized, and

ii)if the applicant chooses to make arrangements with the abutting owners of Caranci Grape to address noise impact, confirmation be provided that an agreement has been executed between the two parties involved, with disclosure of the works that are to take place on the Caranci lands, and confirmation be provided from the applicant's consultant that the noise impact has been satisfactorily mitigated in accordance with his report.

iii)Confirmation from Professional Services Division of the Works and Emergency Services Department that the proposal is satisfactory.

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 plan 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 [0.34 ha (0.85 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 GilbertAvenue beyond Caledonia Road. This employment area contains a limited number of dated industrial buildings designated for employment uses to the north, many of them 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 existing and proposed residential development to the south. It would, however, place residential development in close proximity to existing industrial uses north of the site on GilbertAvenue, southwest of the site to the rear of 424 Gilbert Avenue (Caranci Grape Juice) and the Canadian National Railway secondary line to the west. The balance of the lands on Gilbert Avenue north of the subject lands will remain designated for employment opportunities for the interim.

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

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.

(iii) environmental suitability for residential, development;

The site was formerly used for industrial purposes and soil contamination may be an issue. The applicant has submitted a Phase I Environmental Site Assessment Report, prepared by an environmental consultant, INTERA Consultants LTD. (October 3, 1997). ). The applicant has been advised that in addition to the investigation of the site, 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, 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 EglintonAvenueWest, 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, BertRobinsonPark, 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.