January 4, 2000

To: Toronto Community Council

From: Acting Commissioner of Urban Development Services

Subject: Final Report on Official Plan Amendment and Rezoning Application No. 298006 and Draft Plan of Subdivision Application No. 449039 to Permit the Construction of 4 Detached Dwellings and 60 Semi-Detached Dwellings at 275 Wallace Avenue

(Davenport)

Purpose:

To recommend approval of by-laws and a Draft Plan of Subdivision to permit construction of 64 residential dwellings on recently-vacated industrial lands.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended:

(1) That the Official Plan for the former City of Toronto Part I, be amended by adding a new Section 18 provision substantially as set out below:

"18._ Notwithstanding any provisions of this Plan, Council may pass by-laws respecting the lot shown on Map 18.___, and known in the year 1999 as 275 Wallace Avenue, to permit the construction of 4 detached dwellings and 60 semi-detached dwelling buildings".

(2) That the Official Plan for the former City of Toronto Part I, Map 1, Generalized Land Use, be amended by deleting the Restricted Industrial Area designation from the 275 Wallace Avenue property and replacing it with a Low Density Residence Area designation.

(3) That the Official Plan for the former City of Toronto Part I, Map 1C, Industrial Density, be amended by deleting the Restricted Industrial Area reference from the 275 Wallace Avenue property.

(4) That the Zoning By-law 438-86, Map 48J-312 contained in Appendix A of the by-law, be amended by redesignating the lands highlighted on Map 1 of this report from I2 D2 to R2 Z1.0.

(5) That the Zoning By-law 438-86, Map 48J-312 contained in Appendix B of the by-law, be amended by establishing a 10.0 metre height limit on the lands highlighted on Map 1 of this report.

(6) That the Zoning By-law 438-86, as amended, be amended as it applies to 275 Wallace Avenue so as to:

(a) exempt the site from Section 9 (1) (f) (use);

(b) permit the use of the site for residential purposes, subject to the following conditions:

(i) the site shall contain no more than 4 detached dwelling buildings and 60 semi-detached dwelling buildings, each on its own lot;

(ii) the residential gross floor area of each detached and semi-detached dwelling buildings shall be limited to 164.0 and 160.0 square metres respectively;

(iii) the maximum building height shall be limited to 10 metres;

(iv) building elevations shall be constructed in accordance with Elevations 2 and 3 attached to this report; and

(v) one parking garage shall be constructed with a minimum length of 5.68 m at the rear of each lot;

(c) permit the following variances from Zoning By-law 438-86, as amended for the aforesaid properties:

(i) Front yard setbacks of all buildings

Buildings 1-64 all have a front yard setback of 1.524 metres

(ii) Side yard setbacks

Building 1 0.358 metres south side yard setback

Building 36 0.379 metres north side yard setback

Building 37 0.329 metres south side yard setback

Building 37 0.76 metres north side yard setback

Building 64 0.379 metres north side yard setback

Buildings 2-35 0.610 north side yard setback

Buildings 38-63 0.457 south side yard setback

(iii) Setbacks from Flanking Street

Building 1 0.662 metres north side yard setback from Wallace Avenue

Building 36 0.662 metres south side yard setback from Paton Road

Building 64 0.662 metres south side yard setback from Paton Road

(iv) Frontages

Building 1 5.997 metres frontage

Building 2 5.030 metres frontage

Building 3-34 4.877 metres frontage

Building 35 5.030 metres frontage

Building 36 6.0128 metres frontage

Building 37 5.669 metres frontage

Building 38 5.181 metres frontage

Building 39-62 4.877 metres frontage

Building 63 5.030 metres frontage

Building 64 6.018 metres frontage

(7) That, prior to the issuance of a building permit, the owner submit to and have approved by the Acting Commissioner of Urban Development Services, a Noise Impact Statement which, amongst other things, sets out the following: the owner's financial obligations towards a long term maintenance programme for all noise attenuation measures, such measures to be secured in the subdivision agreement and in conformity with CN requirements.

(8) That, prior to the issuance of a building permit, the owner will be subject to a 5% cash-in-lieu of parkland dedication payment under Chapter 165 of the former City of Toronto Municipal Code to implement Section 42 of the Planning Act, RSO 1990, c.P.13.

(9) That the owner submit to the Commissioner of Works and Emergency Services:

(a) a digital copy of the final plan of subdivision;

(b) final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed houses to enable the preparation of the building envelope plans; and

(c) a digital copy of the final site plan in DGN, DWG or DXF formats; and such plans should be submitted at least 3 weeks prior to the introduction of Bills in Council.

(10) That City Council approve the proposed Draft Plan of Subdivision prepared by Rabideau & Czerwinski, Ontario Land Surveyors, date stamped as received December 22, 1999 and on file with the Acting Commissioner of Urban Development Services subject to the owner entering into a Subdivision Agreement in a form and content satisfactory to the Acting Commissioner of Urban Development Services requiring the following:

Roads, Lanes and Municipal Services

(i) that the owner submit a functional road plan for the proposed 15.0 metre public street and the 5.0 metre public lanes for the review and approval of the Commissioner of Works and Emergency Services;

(ii) that the owner submit, for the review and approval of the Commissioner of Works and Emergency Services, an overall detailed municipal servicing plan incorporating the design of all surface and underground facilities, including the berm/fence barrier adjacent to the rail corridor;

(iii) that the owner submit a Storm Water Management Plan and a Utilities Co-ordinating Plan for the review and approval of the Commissioner of Works and Emergency Services;

(iv) that the owner convey to the City, at nominal cost, upon completion of the new public street, a minimum 15.0 m wide strip of land extending between Wallace Avenue and Paton Road, such lands to be free and clear of all encumbrances, save and except for the surface and subsurface public works services and facilities, and utilities, and subject to a right-of-way for access purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public highway purposes;

(v) that the owner convey to the City, at nominal cost and upon completion of the new public lanes:

(i) a 5.0 m wide strip of land at the rear of the properties on the east side of the proposed new street, extending between Wallace Avenue and Paton Road;

(ii) a 5.0 m wide strip of land at the rear of the properties on the west side of the public street, extending northerly from Paton Road, then easterly to the new public street;

(iii) a 1.5 m x 1.5 m triangular splay at the south-east corner of the intersection of the north-south and east-west portions of the public lane;

such lands to be free and clear of all encumbrances, save and except for the surface and subsurface public works services and facilities, and utilities, and subject to a right-of way for access purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public highway purposes;

(vi) that the owner engage the services of a qualified Municipal Consulting Engineer satisfactory to the Commissioner of Works and Emergency Services for the design and field supervision of all underground and surface public works services and facilities;

(vii) that the owner provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development;

(viii) that the owner provide and maintain 0.3 metre vertical and 0.6 metre horizontal clearance from all Consumer Gas lines;

(ix) that the owner provide and maintain rodent proof garbage storage facilities of sufficient size on site, to accommodate the amount of separated recyclable and non-recyclable material generated between collections;

(x) that the owner prepare and submit for the approval of the Commissioner of Works and Emergency Services detailed design drawings in accordance with the City's design policies and specifications for all underground and surface public work services and facilities including a site grading plan, including protection of the existing Paton Road underpass, and construct all such services and facilities in accordance with the approved drawings and specifications;

(xi) that the owner provide, upon completion of the work, "as constructed" drawings of all underground and surface public works services and facilities, certified by the Municipal Consulting Engineer that such services and facilities have been constructed in accordance with the approved drawings and specifications;

(xii) that the owner provide letters of credit in the amount of 120% of the estimated cost for all municipal infrastructure or such lesser amount as the Commissioner of Works and Emergency Services may approve, for the development (sewers, waterworks, streets, sidewalks, lanes, street lighting, street furniture, etc.), as determined by the Municipal Consulting Engineer and approved by the Commissioner of Works and Emergency Services, prior to the earlier of issuance of a building permit or commencement of construction of the infrastructure for the development until completion of the work;

(xiii) that the owner provide letters of credit in an amount equal to 25% of the value of completed municipal infrastructure as a maintenance guarantee for a period of two years from the date of completion of the work as certified by the Municipal Consulting Engineer and acceptance by the Commissioner of Works and Emergency Services;

(xiv) that the owner provide engineering fees for the review of and construction of the development, in the amount of 3% of the estimated cost of construction; 1.5% of which is due upon first submission of the engineering drawings and the remainder of which is due prior to release for construction of services. In the event the owner revises the concurred engineering drawings, the owner agrees to pay an additional engineering fee of 1% of the estimated cost of components of the services being revised;

(xv) that the owner construct all utilities underground;

(xvi) that the owner remonument the proposed street and lane limits and the proposed lot/block corners after completion of construction;

(xvii) that the owner agree that no building or unit in this project shall be occupied until the new public street and lanes have been substantially completed (not including top course of asphalt) to the satisfaction of the Commissioner of Works and Emergency Services;

(xviii) submit a functional road plan incorporating the pavement widths described in this report for the review and approval of the Commissioner of Works and Emergency Services;

(xix) submit to and have approved by the Commissioner of Works and Emergency Services, information verifying that soil conditions within the proposed road allowances are acceptable for use for public highway purposes;

(xx) agree to defer the installation of the final coat of asphalt on the new street until the substantial completion of construction of buildings on the street or at such earlier timing as may be required by the Commissioner of Works and Emergency Services, acting reasonably;

Landscaping

(xxi) that the owner implement the landscaping of the proposed and existing City boulevard adjacent to this project as shown on Plan L1, prepared by Bettencourt Designs and date stamped as received October 26, 1999, and red lined on December 22, 1999 to the satisfaction of the Commissioner of Economic Development, Culture & Tourism;

(xxii) that the owner implement the landscaping of the proposed berm located on the west side of the crash wall on shown on Plan L2, prepared by Bettencourt Designs and date stamped as received October 26, 1999, to the satisfaction of the Acting Commissioner of Urban Development Services;

Crash Wall

(xxiii) that prior to the issuance of a building permit the owner provide information on the ownership and provisions for the future maintenance of the retaining wall/berm/noise fence extending along the east property line to the satisfaction of the Commissioner of Works and Emergency Services;

(xxiv) that the owner certify to the satisfaction of C.N. that the crash wall as designed meets the 30 m and berm requirement for setback from its rail corridor;

C.N. Main Line Requirements

(xxv) that the owner shall install and maintain a chain link fence of minimum 1.83 metre height along the mutual property line;

(xxvi) that the owner shall ensure that the following clause is inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-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 rights-of-way";

(xxvii) that any proposed alterations to the existing drainage pattern affecting railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway;

(xxviii) that the owner shall through restrictive covenants to be registered on title and all agreements of Purchase and Sale or Lease provide notice to the public that the safety berm, fencing and vibration isolation measures implemented are not to be tampered with or altered and further that the owner shall have sole responsibility for and shall maintain these measures to the satisfaction of CN;

(xxix) that the owner enter into an Agreement with CN stipulating how their concerns will be resolved;

Environment

(xxx) that the owner conduct a detailed historical review of all existing and past land uses which could result in negative environmental effects to the subject site for the review and approval by the Medical Officer of Health, prior to the issuance of a building permit;

(xxxi) that the owner conduct a site audit for the identification of all hazardous materials on the site, with the removal of these materials being conducted in accordance with the Ministry of Labour and Ministry of Environment and Energy Guidelines. A report on the site audit should be submitted to the Medical Officer of Health for review, prior to issuance of a building permit;

(xxxii) that the owner conduct a soil and groundwater testing program and produce a Soil and Groundwater Management Plan which characterizes soil conditions and proposes remediation options to be submitted to the Medical Officer of Health, for approval, prior to issuance of a building permit;

(xxxiii) that the owner implement, under the supervision of an on-site qualified environmental consultant, the Soil and Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health, and upon completion submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the remediation has been completed in accordance with the Soil and Groundwater Management Plan;

(xxxiv) that the owner prepare a Dust Control Plan and submit this plan to the Medical Officer of Health for approval, prior to the issuance of any building permit;

(xxxv) that the owner implement the measures in the Dust Control Plan approved by the Medical Officer of Health;

Other

(xxxvi) that the owner deposit the final Plan of Subdivision, in the appropriate Land Registry Office, such plan to be in metric units with all lot/block corners integrated with the Ontario Co-ordinate System;

(xxxvii) that the owner register the lands under the Land Titles Act;

(xxxviii) that the owner apply for revised municipal numbering to the Commissioner of Works and Emergency Services, prior to filing a formal application for a building permit;

Advisory Comments

(11) That the owner be advised:

(a) that the storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on site may contaminate the storm runoff;

(b) of the need to receive the approval of the Commissioner of Works and Emergency Services and obtain a construction permit for any work to be carried out within the public right-of-way;

(c) of the comments of the Acting Commissioner of Urban Development Services with respect to the applicability of the Ontario Building Code to these buildings; and

(d) of the need to include a warning clause in all Agreements of Purchase and Sale or Lease advising of the 24 hour operation of Wallace Avenue Studios, located at the north end of site, and Cangel, located on the east side of the CN tracks.

Background:

Proposal

To permit the construction of 4 detached and 60 semi-detached dwelling buildings fronting on an extension of Rankin Crescent which will connect Paton Road to Wallace Avenue.

Site

This 13,443 square metre vacant site is the location of a former industrial building (Anchor Cap and Closure), which has been demolished. It is located on the west side of the CN railway tracks, west of Lansdowne Avenue and north of Bloor Street West. To the north is Wallace Avenue and artist studios are on the north side of that street. To the west is the rear of homes on Campbell Avenue and a proposed public laneway. To the south is Paton Road and the intersection of Rankin Crescent. Further south is a 4,362 square metre public park, on the east side of Rankin Crescent. The street proposed to be constructed through the centre of the project is a northern extension of Rankin Crescent.

Consultation Process

On December 15, 1998, a public meeting was held in the neighbourhood. While there was general support for this development, it was suggested that the proposed homes be shifted to the east to accommodate the construction of a public laneway to the rear of the existing Campbell Avenue homes. This would also permit elimination of the proposed integral garages on the west side of the Rankin Crescent extension. There was also concern expressed that the configuration of the proposed crash wall adjacent to the rail corridor would create opportunities for vandalism and other criminal activity. The need for a crash barrier was also discussed, as a 30 metre setback is required from the rail corridor.

Comments:

Current Planning Controls

The site is designated under the Official Plan for the former City of Toronto as a Restricted Industrial Area in both the Part I and II Official Plans. The Official Plan provisions do not permit residential development, therefore an Official Plan Amendment is required.

The site is zoned I2D2 which permits a range of industrial uses at a built density of 2 times the lot area. The proposed residential use is not permitted as-of-right and a rezoning is required.

Planning Considerations

Retention of Industrial Lands for Industrial Purposes

Sections 9.16, 9.17 and 9.18 of the Part I Official Plan for the former City of Toronto set out Council's policy for seeking to ensure that sufficient land is available in the City of Toronto to accommodate existing, new and relocating industrial firms, whose operations are suited to a City location. Section 9.18 states that Council will not consider redesignation of industrially designated land so as to permit any non-industrial use in Restricted Industrial areas without first having considered a study of the area undertaken for the purpose of recommending Part II Plan policies. This study would have to have regard for matters such as:

(a) the number and types of industrial firms and employees in the areas that would be adversely affected;

(b) the impact on any surrounding industrial lands that would not be redesignated; and,

(c) the environmental condition of the lands and the need for soil decommissioning.

Planning staff did extensive work in 1998 in the Junction Triangle Neighbourhood in preparation for proposals to revise the Part II Official Plan. However, those results were not finalized into a Part II Plan update at the request of the community. The potential redesignation was considered at that time. It was concluded that redesignation was generally supportable provided that site specific issues related to built form and potential environmental impacts could be satisfactorily addressed. The analysis in my background study indicates that utilizing this vacant former industrial site for a residential infill project was acceptable from a planning perspective.

The issues of impact on the surrounding neighbourhood and the site environmental remediation approach are discussed further in this report.

Compatibility with Existing Residential Development in the Area

Section 2 of the Junction Triangle Part II Plan states that it is the policy of Council to ensure that future residential development in the Junction Triangle should provide housing primarily for low-to-moderate income households, in a form that physically complements the low-rise street-related nature of existing residential buildings. The current proposal would continue the existing street pattern and create lots and low-rise dwellings similar in scale to those existing on adjacent residential streets.

Compatibility with and Impact on Adjacent Industrial Uses

The owner of the building at 258 Wallace Avenue, which contains Wallace Avenue Studios and other small film-related firms, submitted a letter to the City of Toronto raising objections to any type of residential development of the lands at 275 Wallace Avenue. The owners fear that residents of the new housing development would eventually object to the studio's 24-hour operation and would create additional local parking problems. In order to provide additional protection for the studio, I am recommending that a warning clause be included in Agreements of Purchase and Sale or Lease advising of the hours of operation of the Wallace Avenue Studios.

The Cangel plant, a 24-hour operation manufacturing gelatin, is located east of the proposed development lands, across the rail corridor. There is a history of odour complaints associated with this plant. However, the recent installation of new scrubbers seems to have greatly alleviated the problem, except when there is a periodic mechanical breakdown. The operators of Cangel are concerned that future homeowners be cognizant of adjacent industries, and that occasional odour emissions not be the source of future complaints about the operation. I am requiring that a warning clause be included in Agreements of Purchase and Sale or Lease advising of the location of the Cangel operation.

Soil and Water Remediation

A Phase 2 Environmental Site Assessment was undertaken by Fisher Associates Environmental Engineers Limited. A Phase 1 Environmental Assessment has been requested and will be undertaken shortly. A site audit has been undertaken as well as a soil and groundwater testing program. Soil and/or water samples were collected at eight locations on the site. The soil test results were found to meet the Ministry of the Environment Guidelines for Residential Redevelopment. I have been advised by the applicant that the site remediation work is well underway. I am recommending that the required environmental statements and plans all be approved by the Medical Officer of Health and be implemented prior to the issuance of a building permit.

Rail Safety Setback and Noise Issues

The CN Newmarket Subdivision Rail Corridor property line is approximately 20 metres east of the rear of the proposed residential dwellings, separated by rear yards, concrete garages, the laneway, a sloped landscaped berm and a concrete crash wall. CN policy normally requires a distance separation of 30 metres (or equivalent crash barrier protection) and a 2.0 metre berm. This rail line carries a limited amount of freight and two GO trains per day (one northbound and one southbound, between Union Station and Bradford). Since the rail corridor will continue to exist for the foreseeable future and GO operations may be expanded, there is need for setback and protection for any new residential buildings.

The applicant has advised that his engineer and CN engineers have been working co-operatively for a number of months, on the design of a new crash barrier/noise attenuation wall to be constructed abutting the CN property line. Conditions attached to the approval of the application, to be secured through a Subdivision Agreement, will ensure that these outstanding issues are addressed in a timely manner.

The noise impact statement for the site reviewed the significance and frequency of noise sources from the CN railway track. The Noise Impact Statement concluded that the noise levels calculated for the outdoor living areas are within the Ministry of the Environment guidelines. However, the calculated night-time noise levels outside the bedroom windows of proposed units 1 through 31 exceed the Ministry of Environment criteria. An alternative means of ventilation has been recommended, with ducting sized to accommodate the future installation of air conditioning. All units that require an alternative means of ventilation are specified in the Noise Impact Statement. I am requiring that a warning clause related to noise impacts be included in any Agreement of Purchase and Sale or Lease.

Availability of Parks, Community Services and Facilities and School Capacity

Erwin Krickhahn park is located a block south of the proposed development. It provides open landscaped space and a toddlers playground. However, portions of the neighbourhood to the west are lacking in substantial park space. The City of Toronto and the Dovercourt Boys and Girls club are operating a "satellite" community recreation centre on the ground floor of 21 Randolph Avenue. However, the centre is lacking in core funding which severely limits the programming of the site. The development will be subject to a 5% cash-in-lieu of parkland dedication. The applicant will not be filing an "Arborist Report for Development Applications" as requested by the Forestry Services Division as he has filed a declaration indicating there are no trees on site, which has been confirmed by my staff.

The availability of school capacity in the community to serve the new development is a critical element. The closest separate school is St. Luigi's Separate School. The Separate School Board has indicated that it has concerns about overcrowding and its lack of permanent facilities. It has stated that future students from the proposed development project could be accommodated in permanent facilities at Bishop Marrocco Catholic Separate Secondary School.

The closest public school is Perth Avenue Junior Public School. While I have not yet received written comments from the Toronto District School Board, staff have verbally advised that adequate space is available to accommodate pupils coming from this development.

Draft Plan of Subdivision

A Draft Plan of Subdivision was submitted for review and approval on October 26, 1999, and a revised plan was submitted on December 22, 1999. All public works and rail safety related issues will be addressed prior to the issuance of a building permit for the project and secured through a Draft Plan of Subdivision Agreement.

Conclusions:

The introduction of this residential infill project is an important step in revitalizing this former industrial and gas station site. It is also one of a number of residential infill projects currently being developed in the area and is in keeping with the character and affordability of the adjacent neighbourhood. The proposal will extend the grid of local streets and lanes, and will provide a rear laneway to the abutting residents of Campbell Avenue.

Contact:

Barry Brooks, West Section

Telephone: 392-0758

Fax: 392-1330

E-Mail: bbrooks@toronto.ca

Beate Bowron

Director, Community Planning, South District

(p:\199\ug\uds\\pln\to992071.pln) - pg

298006

List of Attachments:

Application Data Sheet

Maps (1-8)

APPLICATION DATA SHEET

Confirmed Municipal Address: 275 Wallace Ave.

PLANNING CONTROLS (For verification refer to Chief Building Official)

Official Plan Designation:	Restricted Industrial Area	Site Specific Provision:	No
Zoning District:	I2 D2	Historical Status:	No
Height Limit (m):	14.0	Site Plan Control:	No

PROJECT INFORMATION

Site Area:	13443.0 m2		Height:	Storeys:		2-1/2
Frontage:	53.4 m			Metres:		9.75
Depth:	Irregular m
				Indoor		Outdoor
Ground Floor:	3691.0 m2		Parking Spaces:	64
Residential GFA:	9426.0 m2		Loading Docks:
Non-Residential GFA:			(number, type)
Total GFA:	9426.0 m2

APPENDIX A

Comments of Civic Officials

1. Canadian National (November 5, 1998)

We have reviewed your letter dated 19 October 1998 regarding the above noted application.

The residential development as proposed does not comply with the attached Secondary Main Line Requirements. Residential use adjacent to the railway right-of-way is not appropriate without impact mitigation measures to reduce the incompatibility. The Railway therefore objects to this application.

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.

If approved, we request receiving a copy of the Notice of Passing. 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.P. 1990, C.P. 13.

Should you have any further questions, please do not hesitate to contact the undersigned at (416) 217-6466.

Attachment - Secondary Main Line Requirements

A. Safety setback of dwellings from the railway rights-of-way to be a minimum of 30 metres in conjunction with a safety berm. The safety berm shall be adjoining and parallel to the railway rights-of-way with returns at the ends, 2.0 metres above grade at the property line, with side slopes not steeper than 2.5 to 1.

B. Noise attenuation barrier shall be adjoining and parallel to the railway rights-of-way, having returns at the ends, and a minimum total height of 4.5 metres above top-of-rail. Acoustic fence to be constructed without openings and of a durable material weighing not less than 20 kg. per square metre of surface area. Subject to the review of the noise report, the Railway may consider other measures recommended by an approved Noise Consultant.

C. Ground-borne vibration transmission to be evaluated in a report through site testing to determine if dwellings within 75 metres of the railway rights-of-way will be impacted by vibration conditions in excess of 0.14 mm/sec RMS between 4 Hz and 20 Hz. The monitoring system should be capable of measuring frequencies between 4 Hz and 200 Hz, ±3 dB with an RMS averaging time constant of 1 second. If in excess, isolation measures will be required to ensure living areas do not exceed 0.14 mm/sec RMS on and above the first floor of the dwelling.

D. The Owner shall install and maintain a chain link fence of minimum 1.83 metre height along the mutual property line.

E. The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-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 rights-of-way,"

F. Any proposed alterations to the existing drainage pattern affecting railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway.

G. The Owner shall through restrictive covenants to be registered on title and all agreements of purchase and sale or lease provide notice to the public that the safety berm, fencing and vibration isolation measures implemented are not to be tampered with or altered and further that the Owner shall have sole responsibility for and shall maintain these measures to the satisfaction of CN.

H. The Owner enter into an Agreement stipulating how CN's concerns will be resolved and will pay CN's reasonable costs in preparing and negotiating the agreement.

2. Community & Neighbourhood Services-Medical Officer of Health (January 22, 1999)

Thank you for your request of October 19, 1998, to review and comment on the above referenced application. Staff at Environmental Health Services (EHS) have reviewed this application and offer the following comments.

The applicant proposes to demolish the existing industrial building and construct 55 Single family dwellings on this site. EHS has no information in our files for this property.

Additional information is required by EHS staff in order to adequately conduct a review of the environmental conditions at the subject site. This should include an Historical Review, Site Audit, Soil and Groundwater Management Plan, and a Dust Control Plan, details of which are included in the enclosed attachment. This information will help to identify any environmental concerns with respect to the subject property.

Recommendations:

1. That the owner shall immediately conduct a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects to the subject site. This report should be submitted to the Medical Officer of Health, for review prior, to the introduction of a Bill in Council.

2. That the owner shall conduct a site audit for the identification of all hazardous materials on site. The removal of these materials should be conducted in accordance with Ministry of Labour and Ministry of the Environment and Energy Guidelines. A report on the site audit should be submitted to the Medical Officer of Health for review, prior to the introduction of a Bill in Council.

3. That the owner shall conduct a soil and groundwater testing programme and produce a Soil and Groundwater Management Plan which characterizes soil conditions and proposes remediation options to be submitted to the Medical Officer of Health, for approval, prior to the introduction of a Bill in Council.

4. That the owner shall implement, under the supervision of an on-site qualified environmental consultant, the Soil and Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health, and upon completion submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the remediation has been completed in accordance with the Soil and Groundwater Management Plan.

5. That the owner shall prepare a Dust Control Plan and submit this plan to the Medical Officer of Health for approval, prior to the issuance of any building permit.

6. That the owner shall implement the measures in the Dust Control Plan approved by the Medical Officer of Health.

By copy of this letter I will inform the applicant in respect to this matter. If you have any questions contact me at 392-7685.

3. Economic Development, Culture & Tourism (November 30, 1999)

The owner of the above-noted lands has made application to amend the Zoning By-law to permit the development of the property with four detached residential dwelling units and 60 semi-detached residential dwelling units.

The amalgamation of the new City of Toronto will bring a new parkland dedication by-law. Although these comments are premised on former City of Toronto by-laws and Official Plan policies, if the application is approved subsequent to adoption of a new parkland dedication by-law for the new City of Toronto, the latter shall prevail.

The development proposes the removal of existing trees. Further to the memo of August 26, 1999 to your Department from the Forestry Services Division of this Department, an "Arborist Report for Development Applications" form has still not been filed with this development application. Consequently, comments from the Forestry Services Division of this Department remain outstanding.

If the development is approved it will be subject to a 5% cash-in-lieu of parkland dedication payment under Chapter 165 of the former City of Toronto Municipal Code (which remains in full force and effect to implement Section 42 of the Planning Act, RSO 1990, c.P.13. The cash-in-lieu-payment will be payable prior to building permit issuance.

Please be advised that the owner will receive no credit against the cash-in-lieu of parkland dedication payment at time of building permit application or the landscaped berm proposed on the east side of the development site. Additionally, the Economic Development Culture and Tourism Department has no interest or desire in assuming the ownership and maintenance of the proposed berm.

4. Toronto Catholic District School Board (June 28, 1999)

Further to your request for comments, please be advised that the Board is concerned regarding the overcrowding and lack of permanent facilities at St. Luigi Catholic Secondary School (JK-8).

In addition, please not that secondary students residing in the above-noted development project could be accommodated in permanent facilities at Bishop Marrocco Catholic Secondary School (9-OAC).

Should you have any questions regarding this matter, please contact Joe Ruscitti at 222-8282, extention 2281.

5. Urban Development Services (June 17, 1999)

Zoning Review

The list below indicates where the proposal does not comply with the City's Zoning By-law 438-86, as amended, unless otherwise referenced.

1.	The use of the premises as detached and semi-detached houses constitutes a non-conforming use to the area; the enlargement or extension of a non-conforming use is not permitted.

Other Applicable Legislation and Required Approvals

1.	The proposal DOES NOT require Site Plan approval under Section 41 of the Planning Act.
2.	The proposal requires conveyance of land for parks purposes or payment in lieu thereof, in accordance with the provisions of By-law 717-89.
3.	The proposal DOES NOT require the approval of Heritage Toronto under the Ontario Heritage Act.

6. Works and Emergency Services (December 9, 1999)

This is in reference to the application by Mr. G. Bettencourt Designs Limited on behalf of 1285758 Ontario Limited for the project on the above-noted site located on a parcel of land between Wallace Avenue and Paton Road, west of the Canadian National Railways spur line. I note that while Rezoning Application No. 298006 is based on a proposal for the construction of 64 residential dwellings, comprising 4 detached dwellings and 30 pairs of semi-detached dwellings fronting onto a proposed new north-south street which forms the northerly extension on Rankin Crescent from Paton Road to Wallace Avenue, the Draft Plan of Subdivision Application No. 499039 form indicates the creation of a new subdivision comprising the construction of 55 residential dwellings and the provision of 86 parking spaces. The project will also be served by 2 new public lanes at the rear of the proposed lots. My comments are based on the construction of 64 residential dwellings.

Comments

Proposed New Street and Lane

Rankin Crescent which extends easterly from Symington Avenue and then northerly to Paton Road, has a right-of-way width of 20 m, including a pavement width of about 8.5 m. It is proposed to extend Rankin Crescent northerly from Paton Road to Wallace Avenue with a right-of-way width of 15 m and a pavement width of 7.316 m. Although the typical minimum right-of-way width for local and collector streets in the City is 20 m, the proposed 15 m right-of-way width is acceptable in principle, subject to the provision of a 7.5 m pavement width and the submission of a detailed road design for the review and approval of the Commissioner of Works and Emergency Services, identifying the location of sidewalks, municipal services and utilities, and desired streetscaping features. All costs associated with the extension of Rankin Crescent, including sidewalks, municipal services and public utilities, will be at the expense of the owner.

A 5.0 m wide public lane is proposed between Wallace Avenue and Paton Road at the rear of the properties on the east side of the new street. A 5.0 m wide public lane is also proposed at the rear of the properties on the west side of the new street extending northerly from Paton Road then easterly to connect with the Rankin Crescent extension, including a 1.5 m by 1.5 m triangular splay at the intersection of the north-south and east-west portions of the public lane. These lanes will provide access to the parking facilities for this project. The proposed width and configuration of the lane systems are acceptable. A detailed lane design plan must be submitted to, and approved by, the Commissioner of Works and Emergency Services. All costs associated with the construction of the lane, including the extension of municipal services required to serve the houses, will be at the expense of the owner. Furthermore, the street and lanes must be constructed after the completion of the development on the abutting sites, in order that the new surface facilities are not disrupted or damaged during construction of the project.

Parking

One parking space is proposed to serve each of the dwelling units, located in garages at the rear of each unit accessed off of the proposed public lanes. This satisfies the estimate of the parking demand generated by each dwelling unit for 1 parking space and the Zoning By-law requirement for a like number.

All of the garages have substandard lengths of 5.68 m, which is less than the 5.9 m required by the Zoning By-law. Given that only the largest automobiles cannot be accommodated within these garages, the proposed dimensions are acceptable.

Refuse Collection

The City will provide this project with regular curbside refuse and recyclable collection service in accordance with the provisions of the Municipal Code, Chapter 309, Solid Waste. This will require the provision of a rodent proof storage area, for each unit on private property to separately store garbage and recyclable materials generated between collections.

Municipal Services, Site Servicing and Storm Water Management

With regard to sanitary sewage, the existing water distribution and sewer systems located within the existing public road allowances are adequate to accommodate the development. The storm sewer located on the proposed street will have to be connected to the existing sewer on Rankin Crescent. Each of the proposed units should have its own drain and water service.

A detailed site servicing plan, a utilities co-ordinating plan and a stormwater management plan must be submitted for the review and approval of the Commissioner of Works and Emergency Services. The approved services must be constructed in accordance with City standards. The site grading plan must show how the proposed landscaping features tie-in to the existing features.

It is the policy of City Council to require the infiltration of storm water run-off into the ground for all new buildings, whenever possible. Therefore, storm connections to the City sewer system will only be permitted if it can be demonstrated that infiltrating storm water into the ground is not feasible. Further information regarding storm drainage can be obtained by contacting the Engineering Branch (telephone no. 392-6787).

Berm/Fence

Given that this site is located adjacent to a CNR rail corridor, a noise and crash berm fence will be required along the east boundary of the site, abutting the CNR corridor. The plans indicate the provision of a landscaped berm between the laneway and the rail corridor. Information as to the proposed detailed grades, the ownership and maintenance responsibilities of the berm extending along the east property line of the site and the retaining wall/fence, which must be designed and constructed to the satisfaction of CNR, must be submitted for the review and approval of the Commissioner of Works and Emergency Services. A 0.6 m setback from the west face of the retaining wall and the face of the curb along the east limit of the lane must be provided. Once issues of ownership and maintenance of the landscaped berm and wall are determined, further requirements with respect to its construction will be provided.

Work Within the Public Right-of-Way

The existing entrance to the Paton Road pedestrian underpass on the north side of Paton Road, east of Rankin Crescent was closed and capped by the City in 1991, subject to future Council direction. There are no plans for the removal of this structure and therefore the landscaping drawings should be revised to reflect this in the submissions of detailed servicing and landscape drawings for the proposed subdivision.

The owner should be advised however, that access to the easterly lane will be taken over a portion of the Paton Road Underpass and therefore, provisions for the protection of the existing structure must be included in the design submissions for this project. Due to the limited cover over the underpass, no underground services for the lane will be allowed across it.

Approval for any work to be carried out within the public right-of-way must be received from this Department. If any work is proposed or required within the Wallace Avenue or Paton Road right-of-ways, it must meet City standards. If clarification is required on how these standards will apply to this site, the applicant can contact the Right-of-Way Management Division, District 1, Construction Activities, at 392-7877.

Recommendations:

As a result of the foregoing, it is recommended that:

1. That the owner be required to:

(a) Provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development;

(b) Comply with the parking requirements of the Zoning By-law, with the exception of the length of the parking spaces, which may be a minimum of 5.68 m;

(c) Provide and maintain rodent proof garbage storage facilities of sufficient size on site, to accommodate the amount of separated recyclable and non-recyclable material generated between collections;

(d) Submit, for the review and approval of the Commissioner of Works and Emergency Services, an overall detailed municipal servicing plan incorporating the design of all surface and underground facilities, including the berm/fence barrier adjacent to the rail corridor;

(e) Submit a Storm Water Management Plan and a Utilities Co-ordinating Plan for the review and approval of the Commissioner of Works and Emergency Services;

(f) Submit a functional road plan incorporating the pavement widths described in this report for the review and approval of the Commissioner of Works and Emergency Services;

(g) Submit to and have approved by the Commissioner of Works and Emergency Services, information verifying that soil conditions within the proposed road allowances are acceptable for use for public highway purposes;

(h) Agree to defer the installation of the final coat of asphalt on the new street until the substantial completion of construction of buildings on the street or at such earlier timing as may be required by the Commissioner of Works and Emergency Services, acting reasonably;

(i) In connection with the new public street/lanes and the municipal services and facilities referred to in Recommendation Nos. 1(f), 1(g) and 1(h), above:

(i) Convey to the City, at nominal cost, upon completion of the new public street, a minimum 15.0 m wide strip of land extending between Wallace Avenue and Paton Road, such lands to be free and clear of all encumbrances, save and except for the surface and subsurface public works services and facilities, and utilities, and subject to a right-of-way for access purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public highway purposes;

(ii) Convey to the City, at nominal cost and upon completion of the two new public lanes:

(a) a 5.0 m wide strip of land at the rear of the properties on the east side of the proposed new street, extending between Wallace Avenue and Paton Road;

(b) a 5.0 m wide strip of land at the rear of the properties on the west side of the public street, extending northerly from Paton Road, then easterly to the new public street; and

(c) a 1.5 m x 1.5 m triangular splay at the south-east corner of the intersection of the north-south and east-west portions of the public lane;

such lands to be free and clear of all encumbrances, save and except for the surface and subsurface public works services and facilities, and utilities, and subject to a right-of-way for access purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public highway purposes;

(iii) Engage the services of a qualified Municipal Consulting Engineer satisfactory to the Commissioner of Works and Emergency Services for the design and field supervision of all underground and surface public works services and facilities;

(iv) Prepare and submit for the approval of the Commissioner of Works and Emergency Services detailed design drawings in accordance with the City's design policies and specifications for all underground and surface public works services and facilities including a site grading plan, the details for the berm/fence barrier adjacent to the rail corridor, details of the protection of the existing Paton Road pedestrian underpass, and construct all such services and facilities in accordance with the approved drawings and specifications;

(v) Provide, upon completion of the work, "as constructed" drawings of all underground and surface public works services and facilities, certified by the Municipal Consulting Engineer that such services and facilities have been constructed in accordance with the approved drawings and specifications;

(vi) Provide letters of credit in the amount of 120% of the estimated cost for all municipal infrastructure or such lesser amount as the Commissioner of Works and Emergency Services may approve, for the development (sewers, waterworks, streets, sidewalks, lanes, street lighting, street furniture, etc.), as determined by the Municipal Consulting Engineer and approved by the Commissioner of Works and Emergency Services, prior to the earlier of issuance of a building permit or commencement of construction of the infrastructure for the development until completion of the work;

(vii) Provide letters of credit in an amount equal to 25% of the value of completed municipal infrastructure as a maintenance guarantee for a period of two years from the date of completion of the work as certified by the Municipal Consulting Engineer and acceptance by the Commissioner of Works and Emergency Services;

(viii) Provide engineering fees for the review of and construction of the development, in the amount of 3% of the estimated cost of construction; 1.5% of which is due upon first submission of the engineering drawings and the remainder of which is due prior to release for construction of services;

(ix) Construct all utilities underground;

(j) Remonument the proposed street and lane limits and the proposed lot/block corners after completion of construction;

(k) Submit to the Commissioner of Works and Emergency Services:

(i) A digital copy of the final plan of subdivision;

(ii) Final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed houses to enable the preparation of building envelope plans;

(iii) A digital copy of the final site plan in DGN, DWG or DXF formats;

and such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;

(l) Deposit the final plan of subdivision, in the appropriate Land Registry Office, such plan to be in metric units with all lot/block corners integrated with the Ontario Co-ordinate System;

(m) Register the lands under the Land Titles Act;

(n) Apply for revised municipal numbering to the Commissioner of Works and Emergency Services, prior to filing a formal application for a building permit;

(o) Provide information on the ownership and provisions for the future maintenance of the retaining wall/berm/noise fence extending along the east property line;

2. That the owner be advised:

(a) That the storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm runoff;

(b) Of the need to receive the approval of the Commissioner of Works and Emergency Services and obtain a construction permit for any work to be carried out within the public right-of-way;

3. That the owner agree that no building or unit in this project shall be occupied until the new public street and lanes have been substantially completed (not including top course of asphalt) to the satisfaction of the Commissioner of Works and Emergency Services;

4. That the lands conveyed to the City under Recommendation No. 1(i) (i) above, be laid out and thereafter dedicated by the City for public highway purposes and named Rankin Crescent; and

5. That the lands conveyed to the City under Recommendation No. 1(i) (ii) above, be laid out and thereafter dedicated by the City for public lane purposes;