450 Gilbert Avenue - Zoning By-law Amendment

1289643 Ontario Limited

Ward 28, York Eglinton

The York Community Council recommends that based on the findings of fact, conclusions and recommendations contained in the report dated June 1, 1999 from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of lands, that the Zoning By-law Amendment Application submitted by 1289643 Ontario Limited be approved, subject to the conditions outlined in the referenced report.

The York Community Council reports, for the information of Council, having:

(1)held a statutory public meeting on June 22, 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 regulations thereunder;

(2)requested the Director, Community Planning, West District, to consider at the Site Plan stage:

(a)allowances for the widening of the green space by the possible narrowing of driveways at this project;

(b)the comments of the residents regarding the density of the project, and in particular, the potential for accessory apartments;

(3)requested the Director, Parks and Recreation, West District, to:

(a)meet with the local residents to discuss enhancing the existing park space with funds the cash-in-lieu of parkland dedication; and

(b)replace the proposed minimum 60 mm caliper trees proposed by the applicant with similar trees of 200 mm caliper.

Purpose:

To consider a proposal to amend Zoning By-law No. 1-83 with respect to the property located on the west side of Gilbert Avenue south of Eglinton Avenue West, municipally known as 450GilbertAvenue, 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 No. 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 CaranciGrape 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; and

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

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. 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 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 Area2 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

The York Community Council also had before it the following communications:

(i)(June 3, 1999) from Mr. Russ Brown, 416 Gilbert Avenue, requesting to make a submission at the public meeting; and

(ii)(June 22, 1999) from Ms. Sandra Chan, Planning Assistant, CN, to the City Clerk, advising that the application has been reviewed and that the railway's previous comments of October16, 1998, are still valid.

The following persons appeared before the Community Council in connection with the foregoing matter:

-Ms. Margaret Hoey - expressed concerns regarding the noise associated with the refrigerated unit on the transport trailer at the grape juice facility adjacent to this project.

-Ms. Clara Creglia - stated that the proposal is too intense; that if the peak of this project is higher than that of the Youth Centre, then it is too high; suggested that the houses be lowered, widened and the number of families reduced to eight.

-Mr. Russ Brown - commented that the development is too dense for the size of the property; there is no greenery; insufficient backyard space; enquired as to whether the homeowners will be allowed to construct fences between properties; concerned regarding parking and noise from the grape juice facility.

-Mr. Karl Stankov, West Fairbank Ratepayers Association - enquired as to when the zoning for this area was changed; homes with two families can have approximately five cars and will have to park on a street where there are presently problems with vehicle parking; also enquired as to whether the homes will have facilities for potential accessory units; the houses should be set back with more space at the front; and concerned regarding emergency vehicle access.

-Ms. Sandra Adams - enquired as to who would be responsible for keeping the lane abutting the project accessible where there are presently a number of trucks parked; and whether the sidewalk will be aligned with 422 Gilbert; all day parking is a problem affecting the cleaning of the street; and that the current 1-hour parking regulation is not being enforced.

-Owner of 450 Gilbert Avenue - responded to concerns and enquiries of the residents.

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 GilbertAvenue 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.

Exhibit 6

(Letter dated October 16, 1998 from Sandra Chan, CN Engineering Services)

We have reviewed your letter dated September 30, 1998 regarding the above noted application.

Residential development adjacent to the railway righ-of-way is not appropriate without impact mitigation measures to reduce the incompatibility. The proposed residential use would be expected to comply withthe attached Secondary Main Line Requirements.

We specifically request that the City include the setback requirement in the Zoning By-law Amendment and that the owner register on title an Agreement with CN, stipulating how CN's concerns will be addressed, prior to the passing of the By-law.

Should Council decide to approve the Amendment without incorporating the above requirements, we have no alternative but to request that this Amendment be referred to the Ontario Municipal Board pursuant to the provisions of the Planning Act, R.S.O. 1990, C.P. 13.

We would appreciate the opportunity to comment on any proposed modification prior to its adoption and ultimately, we request notice of the Amendment being approved.

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

Schedule 1 - DRAFT ZONING BY-LAW

CITY OF TORONTO

By-law No.

To Amend former City of York By-law No. 1-83

(Re: 450 Gilbert 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 (59) as follows:

"(59)MAP 16

By changing the area shown on District Map 16, municipally known as 450 GilbertAvenue and more particularly described in Schedule "A" hereto, from a PE District to an R2 District and by changing District Map 16 accordingly."

SECTION 16 AMENDED

2.That Section 16 of Zoning By-law Number 1-83, as amended, of the former CityofYork, be and the same is hereby further amended by adding a new Subsection (388) as follows:

"(388) LANDS - 450 GILBERT AVENUE

Notwithstanding the provisions of Subsections 3.1.4, 3.3.2, 3.3.3, and Section8 of this By-law, the lands municipally known as 450 Gilbert 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 10 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 5.3metres;

(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 0.52;

(g)a minimum of 19 % of the area of the front yard of each semi-detached house shall be maintained as Green Landscaped Open Space;

(h)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

(i)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.