Request to Lift Holding (H) Designation

Zanini Developments Inc., 112 Evans Avenue and

801 Oxford Street - File No. Z-2268 (Lakeshore-Queensway)

The Etobicoke Community Council recommends the adoption of the report (September 14, 1999) from the Director of Community Planning, West District, subject to adding at the end of the recommendation, the words "and the required notice of intent to pass a by-law to lift the Holding (H) designation be given."

The Etobicoke Community Council reports, for the information of Council, having referred Conditions Nos. (4) and (5), contained in the aforementioned report, to the City Solicitor with a request that he submit a report thereon directly to City Council for its meeting scheduled to be held on September 28, 29 and 30, 1999.

The Etobicoke Community Council submits the following report (September 14, 1999) from the Director of Community Planning, West District:

Purpose:

To consider a proposal to lift the Holding (H) designation for a portion of the property at 112 Evans Avenue and 801 Oxford Street.

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 Council support the request by Zanini Developments Inc. to lift the Holding (H) designation for Blocks K, L, M and N, subject to the conditions outlined in this report and staff be instructed to bring forward the appropriate by-law.

Background:

On April 15,1999, Toronto City Council adopted By-law No. 227-1999, which served to rezone certain lands located on the north side of Evans Avenue from Second Density Residential (R2) and Class 1 Industrial (I.C1) to Group Area Fourth Density Residential (R4G) to permit the development of a 127-unit condominium townhouse project. The by-law included certain holding provisions which would have to be addressed, prior to any development occurring. These conditions included the submission of a storm water management report, detailed drainage plans and the receipt of any necessary approvals from the Ministry of the Environment, including the signing of any agreements required to implement their requirements.

Subsequent to the adoption of the by-law, the applicant has been working with staff to finalize a grading and drainage plan, and has been pursuing the approvals required from the Ministry of the Environment. The applicant advises that they have had to redo some of the testing for the site and that as a result it is taking much longer for the Ministry to respond to their application than anticipated.

The applicant has now requested that staff give consideration to releasing a portion of their lands from the holding provisions of the by-law in order to allow development to occur on the four blocks (K, L, M and N) located adjacent to Evans Avenue (Exhibit No. 1).

Comments:

The applicants have submitted a detailed grading and drainage plan, and Works and Emergency Services staff advise that the proposed plan is acceptable from a technical and engineering perspective. The proposed plan however, provides for an increase in grade along the common, easterly property line, which is shared with single, detached dwellings fronting onto Alan Avenue. Changes are also proposed along the westerly property line, adjacent to the existing industrial building. Staff, in discussions with the applicant, have expressed concerns with respect to considering any grading plans which would result in a change of grade along the common property lines, particularly abutting homes.

The applicant's response was that the grades were designed as proposed in order to accommodate the 3 1/2 storey height of the project, while meeting Building Code requirements. Staff note that there is an existing retaining wall along portions of the common property lines and that the applicant is proposing to build on top of the existing structure. This would result in an increase to the structure along the easterly property line of up to 0.6 m and the introduction of a retaining wall in excess of 1.0 m in height along portions of the westerly edge of the site. Given the existing vegetation and the location of detached structures in the rear yards of some of the properties fronting onto Alan Avenue, staff do not anticipate that the proposed additional height would create a significant intrusion to the amenity of the rear of those properties fronting onto Alan Avenue. An industrial building is located along the westerly edge of the site where the new retaining wall is proposed.

A component of the grading plan includes the introduction of planter boxes/retaining walls in the front yards of the four blocks of townhouse units located adjacent to Evans Avenue. The applicant advises that these retaining walls are necessary in order to meet Building Code requirements for exit purposes from the upper floors of the units. The proposed plan would result in the entire 3.0 m required front yard setback along Evans Avenue being occupied by these planter boxes/retaining walls. A 3.0 m wide landscaped strip would continue to be provided as part of the widened public boulevard at this location. The height of the proposed planter boxes/retaining walls would vary between approximately 1.0 m and 1.6 m at its easterly terminus.

Staff is concerned from a design and streetscape perspective that the planting boxes/retaining walls are not representative of the lower density residential character which was envisioned for this portion of the development. In response to this issue, the applicant has verbally advised that they will introduce additional steps within the buildings at this location in order to reduce the number of exterior, front yard steps to no more than five. This matter will be addressed at site plan approval.

With respect to the Ministry of the Environment, the applicants have undertaken additional soil testing, the results of which have recently been submitted to the Ministry. The applicant's consultant advises that the Site Specific Risk Assessment report shows that the redevelopment plan for the property is acceptable from the perspective of human health. They further advise that the area of contamination identified by the most recent testing occurs in the central portion of the property under portions of Blocks H and I. Based on the sampling which has been undertaken, the consultant's letter concludes that the contaminant has not impacted conditions at Blocks K, L, M and N (Exhibit No. 2).

The Ministry also advises that they are prepared to accept a Record of Site Condition and grant an acknowledgement for that portion of the site which can be properly identified by a legal description. The required survey would have to identify the portion of the site to be excluded from the Record of Site Condition. Staff would also require the survey to properly reference lands to be dedicated for road widening and parkland dedication purposes, as well as a description of the lands to be released from the Holding (H) designation.

The applicants have requested their noise consultant to review the permit drawings for the four Blocks adjacent to Evans Avenue for conformity with the recommendations contained in the noise study submitted in support of the application for zoning amendments. The noise consultant has confirmed that, subject to the compliance with the recommended location of the required air conditioning units and the installation of fencing between the individual balconies of the units, the plans meet or exceed the sound insulation criteria set out in their study.

The Development Agreement for this project cannot be finalized until such a time as the requirements of the Ministry of the Environment have been identified and incorporated into the appropriate schedule. This agreement would then have to be registered on title. The requirement for this agreement was originally identified as a condition to approval to be fulfilled prior to the enactment of an amending by-law. Given the uncertain timing associated with obtaining comments from the MOE, Council agreed to defer the signing of the agreement until such a time as the Holding (H) designation was proposed to be lifted.

With respect to the lifting of the Holding (H) designation, a separate Development Agreement could be signed and registered covering only the lands associated with Blocks K, L, M and N, for which the Ministry has indicated that it would acknowledge the Record of Site Condition. This acknowledgement would be required prior to the lifting of the Holding (H) designation. The lifting of the Holding (H) designation for the balance of the site, including the contaminated portion, would still be subject to a second agreement being signed incorporating the Ministry's requirements.

An application for Site Plan Control approval has been submitted and is currently being reviewed by staff, as are Building Permit applications. Given the assertion by the applicant's Environmental Consultant that Blocks K, L, M and N are not affected by the contaminant, and that the applicant's plans would otherwise comply with the noise requirements which would normally be addressed in the Development Agreement, the applicant is seeking the lifting of the Holding (H) designation over portions of the site.

While the applicant has requested that additional lands be released for development, staff are concerned that resolution of the environmental conditions north of Blocks K and L may impact the overall site plan. Staff are, therefore, only prepared to consider the four Blocks K, L, M and N for release of the Holding (H) designation.

Conclusion:

This matter has been reviewed by Works and Emergency Services staff in conjunction with the Legal Division who advise that consideration for releasing a portion of the Holding (H) designation could only be considered for Blocks K, L, M and N, provided the following matters are satisfactorily addressed:

(1)submission of a legal description of the lands subject to the lifting of the Holding (H) designation; the contaminated portion, and the lands identified for road widening and parkland dedication purposes;

(2)Council endorses the proposed grading plan as discussed in this report;

(3)completion of a peer review of the environmental investigation related to the lands to be dedicated for road widening and parkland purposes, to the satisfaction of Works and Emergency Services;

(4)written confirmation from the Ministry of the Environment that the contamination identified in the Site Specific Risk Assessment dated August, 1999, will not adversely affect other contiguous lands where services or dwellings may be located;

(5)Written confirmation from the Ministry of the Environment that it does not have any requirements which would necessitate additional agreements pursuant to Clause 2(iii) of By-law No. 227-1999, or if the Ministry has such requirements, receipt of confirmation that the necessary agreements have been entered into; and

(6)Written confirmation from the Ministry of the Environment that they acknowledge the Record of Site Condition for Blocks K, L, M and N.

Contact Name:

Richard Kendall, Principal Planner

Community Planning, West District

Tel.: (416) 394-8227; Fax: (416) 394-6063

(A copy of Exhibit No. 2, referred to in the foregoing report, was forwarded to all Members of Council with the agenda for the Etobicoke Community Council meeting of September 14 and 15, 1999, and a copy is on file in the office of the City Clerk.)

Exhibit No. 1