220 Bowie Avenue

Zoning By-law Amendment Application

Ward 28, York Eglinton

The York Community Council, based on the findings of fact, conclusions and recommendations contained in the reports dated December 9, 1998 and January 20, 1999, from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of the lands, recommends the adoption of recommendations (2), (3), (4) and (5) contained in the foregoing report dated December 9, 1998; and the adoption of the recommendation contained in the foregoing report dated January 20, 1999.

The York Community Council reports, for the information of Council, having held a statutory public meeting on January 21, 1999, in accordance with Section 34 of The Planning Act, and that appropriate notice of this meeting was given in accordance with The Planning Act and the regulations thereunder.

The York Community Council submits the following report (December 9, 1998) from the Director, Community Planning, West District:

Purpose:

To consider a proposal to amend Zoning By-law No. 1-83 with respect to the property located on the northeast 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.

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 Bowie Caledonia Developments Ltd. be referred to a Public Meeting to be scheduled in January 1999, to obtain the view 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 the Community Council's consideration of the application and draft Zoning Bu-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; and

(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

In April 1998, an application was submitted by Bowie Caledonia Developments Ltd. For the development of seven pairs of two and three storey semi-detached dwellings.

Site Description and Surrounding Uses:

The 0.3 hectare (0.74 acres) rectangular site is locate don the northwest corner of Bowie Avenue and Caledonia Road, north of Eglinton Avenue West (Exhibit No.1). A vacant two-storey industrial building, previously used by Corbrook Sheltered Workshop for the purposes of providing light industrial activities for physically and mentally challenged individuals, remains on the site. Prior to this use, the building was occupied by a manufacturer and distributor of electric bushings and plastic screws and washers.

Surrounding lands to the east and south are zoned R2-Residential Zone (R2) and are occupied by single detached dwellings. Lands to the north and west opposite Caledonia Road and Schell Avenue are zoned PE-Prestige Employment Zone and contains an existing industrial use. The abutting property to the north is the remaining industry property in the block and is occupied by a one-storey industrial warehouse building. The north half of the building is occupied by a wholesale/retail used vehicle sales establishment. The south half is currently vacant.

Proposal:

The project would consist of four pairs of two-storey sem-detached dwellings oriented towards Caledonia Road, and three pairs of 3-storey semi-detached dwellings, which will front onto Bowie Avenue. A proposed 7.5 metres (25 feet) public lane (proposed to be dedicated to the City) from Bowie Avenue would be provided at the rear of dwellings fronting on Caledonia Road to give vehicle access to four pairs of rear yard garages associated with those dwellings. Dwelling units which front onto Bowie Avenue will have driveways leading to at-grade built-in garages and will gain access directly from Bowie Avenue.

Exhibits Nos. 1 and 2 are key maps showing the site in relation to zoning and existing development in the area. Exhibits Nos. 3 and 4 are the site plan and elevations, respectively. A summary of site statistics is provided below:

Official Plan:Prestige Employment

Zoning:Existing - PE-Prestige Employment Zone

Proposed - R2-Residential Zone (R2)

Site Area:0.3 ha(0.75 ac.)

Units14

Density:46 uph18upa

G.F.A.2493 m226,840 sq. Ft.

F.S.I.0.83

Coverage:1 087.3 m211,704 sq. ft.(42%)*

Landscaped Area:1 098.1 m211,820 sq. ft.(42%)

Paved area:92.9 m21,000 sq. ft.(16%)**

Parking Required:14 spaces

Parking provided:20 spaces***

*(excludes garages (167 m2) and decks)

**(excludes the area (555.m2) devoted to the proposed public lane)

***(consists of 14 parking spaces required to comply with minimum by-law standard (1 space per dwelling unit) and 6 additional driveway spaces at the front of those units fronting onto Bowie Avenue.)

The proposal consists of grade-related semi-detached dwellings oriented towards Caledonia Road, and Bowie Avenue. All of the dwellings would be freehold ranging from two to three-storeys (8 metres and 9.4 metres (26.6 feet and 31 feet) in height only slightly greater than the existing adjacent single detached dwellings, the east unit widths would generally be 4.8 metres to 5 metres (16 feet to 16.6 feet) and lot depths would be 28 metres to 33 metres (92 feet to 108 feet). Mutual easements are proposed between each pair of semi-detached dwellings for maintenance and access purposes. The applicant has been advised that the easements as well as the rear public lane must be conveyed as part of a part lot control and/or consent process.

Each of the Caledonia Road dwelling units would be approximately 153 m2 (1,649 square feet) in size and approximately 8 metres (26.6 feet) in height and would contain two levels of living space plus a basement level. The Bowie Avenue units would be approximately 211 m2 (2,271 square feet) in size and 9 metres (31 feet) in height and contain three levels of living space (Exhibits Nos. 3 and 4).

Residential front years would be approximately 2.4 metres (8 feet) in depth for those units fronting onto Caledonia Road and 4.5 metres (15 feet) for those units on Bowie Avenue. The minimum residential rear yard depth would be 14 metres (46 feet) including the area of the detached garage, except for those units on Bowie Avenue, where it would be 6.4 metres (21 feet). Landscaping would be provided in individual rear and front yards and within the public boulevards along Caledonia Road and Bowie Avenue.

Residential parking for those units fronting onto Caledonia Road would be provided in detached single car garages set back 0.3 metres (1.0 foot) from the proposed public lane at the rear of the dwellings and for those units on Bowie Avenue parking would be provided in attached built-in garages set back 5.4 metres and 6 metres (18 feet and 19 feet) due to the angular alignment of Bowie Avenue and Caledonia Road. A second (regular or slightly undersized in terms of length) parking space may 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, 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 use proposal.

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.

While the subject side abuts an existing industrial use 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 east and south of the subject site to be achieved over time.

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 Caledonia Road and to Eglinton Avenue West which has been identified as a Metropolitan Arterial Roadway. Public transit is available on both Caledonia Road and Eglinton Avenue West. The Works Department has not identified any concerns with respect to the capacity of the local roadway system to support the development.

While the proposed residential development would be compatible with the neighbourhood to the east and south, as proposed, it would place residential development in close proximity to existing industrial uses on Caledonia Road. The balance of the lands opposite Caledonia Road will remain designated for employment opportunities.

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 requested the applicant to provide an adequate buffer and /or separation distance between the northerly boundary of this proposed development, and the continuing industrial use of the lands which it abuts. In response to staff's request, the applicant has proposed a buffer which includes a 2.0 to 3.0 meters (7 to 10 feet) sideyard setback; intensified landscaping within said sideyard; and, a 1.8 to 3.6 meters (6 to 12 feet) high noise attenuation screen fence. The adequacy of the proposed buffer/separation including the incorporation of mitigation measures (i.e. air-conditioning, fences, intensified landscaping, berms etc.), shall be confirmed by a qualified acoustical engineer prior to Community 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.

If the separation and/or buffer between the two uses and mitigation measures proposed by the applicant are confirmed to be adequate by a qualified acoustical engineer and appropriate warning clauses are used, potential land use conflicts between the existing industrial use and residential development should not arise.

Agency/Department Circulation:

In response to the circulation of plans submitted in support of this application the Community Services - Municipal Standards Division and Fire Department have expressed no concerns regarding the proposal.

Comments from the Toronto Public School Board has advised that the students anticipated from the proposed development can be accommodated at Fairbanks Memorial School, Fairbanks Middle School, and York Memorial. The Toronto Separate School Board advises that anticipated students could be accommodated at St. Thomas Aquinas Catholic School and Marshall McLuhan Catholic Secondary School. Parks Department comments remain outstanding.

The Professional Services Division of the Works Department has advised that the existing watermain on Caledonia Road can accommodate the development. The applicant would be required to provide municipal sewer, curbs and sidewalks that are absent on Bowie Avenue. A storm water management report which includes a grading report and underground storm water retention facilities will also be required. Works staff have also noted that the proposed 6 meters (20 feet) public lane is deficient in width and suggest that the lane be designated as a private road or right-of-way. In order for the City to accept the lane as public, Works staff suggest that the lane be increased to a minimum width of approximately 7.5 meters (25 feet). To accommodate a 6 meters (20 feet) wide paved portion, and 1.2 meters (4 feet) wide boulevard portion and a 0.3 meters (1 feet) reserve along the north and east side of the public lane (Exhibit No.6).

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 consultants, and that a Record of Site Condition, which includes an affidavit of the consultants and Ministry of Environment and Energy acknowledgment 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. The Record of Site Condition as it pertains to the public lane portion of the site to be conveyed to the City, shall be subject to a peer review to confirm that the public lane lands meet the current Ministry of Environment and Energy's "Guidelines for Use at Contaminated Sites in Ontario". 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.

The 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 immediately to the north and west, 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.

Further Planning Approvals and Agreements:

As the lands are subject to Site Plan Control, the applicant would also be required to submit detailed site plans for review and approval. All of the foregoing would require confirmation that the lands can be developed as proposed, and additional agreements entered into (i.e. Site Plan Control, etc.).

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. Either process can be utilized to secure the public lane which would be dedicated, following conveyance to the City. In order to allow for the dedication, staff should be authorized to bring forward the necessary lane dedication by-law, at the appropriate time. The construction of the public lane including approved works and services, could be secured through an agreement as part o the Site Plan approval or Consent processes, and authorization should be given to staff to enter into any necessary consent agreement(s).

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 would leave one remaining industrial parcel within a predominantly residential area. If, however, the separation and buffer between the two uses, and mitigation measures (i.e. air-conditioning, fences, intensified landscaping, berms etc.) proposed by the applicant are confirmed to be adequate by a qualified acoustical engineer, potential land use conflicts between the existing industrial use and residential development should be avoided.

It is therefore recommended that a Public Meeting be held to obtain the views of the surrounding property owners and community. In the event of approval, the following conditions should apply:

Conditions to Approval:

1.Prior to Community Council's consideration of the approval of the application and draft Zoning By-law, the applicant shall provide confirmation by a qualified acoustical engineer of the adequacy of the proposed buffer and/or separation including the incorporation of adequate mitigation measures, if required.

2.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 Rw-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.

3.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 provisions 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 a landscaping plan 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 Department.

(iv)The conveyance and/or provision for the conveyance of the public lane to the satisfaction of City staff and the City Solicitor.

(v)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:

Paul Stellato, MCIP,RPPTel: (416) 394-6004

Community Planning, West DistrictFax: (416) 394-6063

(Copies of Exhibit No. 1- Location Map; Exhibit No. 2 - Site Plan; Exhibits Nos. 3 and 4 - Elevations; Exhibit No. 5 - Official Plan Criteria, Section 12.8; Exhibit No. 6 - Professional Services Comment; and Schedule 1 - Draft Zoning By-law, were forwarded to members of Council with the agenda for the York Community Council meeting on January 20, 1999, and copies are on file in the Clerk's Division, York Civic Centre.)

The York Community Council also submits the following Supplementary Report (January20,1999) from the Director of Community Planning, West District:

Purpose:

To provide York Community Council with an amended draft Zoning By-law regarding a proposal to amend Zoning By-law 1-83 by Bowie Caledonia Developments Ltd. which will be before Community Council at a Public Meeting scheduled for January 21, 1999.

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 in the amended draft Zoning By-law Amendment attached as Schedule 1 to this report worded to the satisfaction of the City Solicitor replace the draft Zoning By-law amendment attached to the main report.

Comment:

A Public Meeting has been scheduled on January 21, 1999, for Community Council's consideration of an application by Bowie Caledonia Developments Ltd. to amend Zoning By-law 1-83 with respect to the property located on the northeast 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.

As part of the preparation of the staff report, staff also prepared a draft Zoning By-law amendment for Community Council's consideration at this meeting. Staff have since corrected technical typographical and mapping errors and have revised the draft by-law accordingly. The revised draft By-law is provided as a replacement to the draft by-law contained in the main report.

Contact Name:

Paulo Stellato, MCIP, RPPTel: (416)394-6004

Community Planning, West DistrictFax: (416)394-6063

Schedule 1: Draft Zoning By-law

CITY OF TORONTO

BY-LAW NO.

TO AMEND former City of York

By-law Number 1-83

(Re:220 Bowie Avenue)

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990 c.P.13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

SECTION 6 - AMENDED

1.That Section 6 of Zoning By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (57) as follows:

"(57)MAP 24

By changing the area shown on District Map 24, municipally known as 220 Bowie Avenue and more particularly described in Schedule "A" hereto, from a PE District to an R2 District and by changing District Map 24 accordingly."

SECTION 16 AMENDED

2.That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (381) as follows:

"(381) LANDS -220 BOWIE AVENUE

Notwithstanding the provisions of Subsections 3.1.4, 3.3.2, 3.3.3, and Section 8 of this By-law, the lands municipally known as 220 Bowie Avenue which lands are more particularly described in Schedule "A" hereto and shown on the plan attached as Schedule "B" hereto, (hereinafter referred to as "the Lands") may be used for the purpose of erecting and using semi-detached houses, and accessory buildings, structures and uses subject to the following provisions:

(a)a maximum of 14 semi-detached houses shall be permitted;

(b)there shall not be more than one building, other than permitted accessory buildings on any lot, but for the purpose of this paragraph, one pair of semi-detached houses shall be considered to be one building;

(c)the minimum lot frontage for each semi-detached house shall be 5.2 metres, save and except for the minimum lot frontage of the northerly most semi-detached house which shall be 7.0 metres;

(d)the maximum height of building shall be 11 metres, with not more than 3 storeys;

(e)the minimum front yard setback, rear yard depth and side yard width for all dwellings shall be measured from the main walls of the dwellings and shall be as shown on the plan attached as Schedule "B" hereto;

(f)the maximum floor space index for the Lands shall be 0.84;

(g)a minimum of 29 % of the area of the front yard of each semi-detached house on a lot fronting on Caledonia Avenue shall be maintained as Green Landscaped Open Space and a minimum of 18 % of the area of the front yard of each semi-detached house on a lot fronting on Bowie Avenue shall be maintained as Green Open Space;

(h)the portion of the Lands indicated as public lane and reserves shall be conveyed to the City and the portion indicated as public lane shall be dedicated by City By-law as public lane;

(i)access to the parking facilities for the semi-detached houses on lots fronting onto Caledonia Road shall be from the public lane at the rear of the lots;

(j)A building permit for the construction of the semi-detached houses, other than a foundation permit, shall not be issued in respect of the Lands, unless:

(i)the Chief Building Official for the City is in receipt of a completed "Record of Site Condition" pursuant to the Ministry of the Environment "Guideline for Use at Contaminated Sites in Ontario, February 1997", as amended or updated, marked as having been received by the Ministry of Environment along with a letter from the Ministry of Environment advising that the Record of Site Condition is not subject to an audit review; or, alternatively, a letter from the Ministry of Environment advising that the Record of Site Condition has passed a Ministry audit for compliance with the Guideline; and

(ii)the suitable use or uses for the Lands set out in Part 3 of the "Record of Site Conditions" is consistent with the use or uses for which the Building Permit application has been made; and

(k)All other provisions of this By-law shall continue to apply except in the case where those provisions are in conflict with the provisions of this Subsection, in which case the provisions of this Subsection shall prevail."

3.Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P.13 this By-law shall come into force and effect on the date of its passing.

ENACTED and PASSED this day of , 1999.

The York Community Council also submits the following communication (December22,1998) from the Real Estate Management, Canadian National Railway:

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.

________

There were no written or verbal submissions regarding the foregoing matter.

THE FOLLOWING 4 PAGES RELATE TO THE PRECEDING REPORT AND ARE FOR:

EXHIBIT NO. 1

EXHIBIT NO. 2

EXHIBIT NO. 3

EXHIBIT NO. 4