Draft By-laws - Official Plan Amendment and Rezoning -
275 Wallace Avenue (Don River)
The Toronto Community Council recommends that:
(1) the Draft By-law attached to the report (January 10, 2000) of the
City Solicitor be approved and that authority be granted to
introduce the necessary Bills in Council, substantially in the form
of the Draft By-laws, to give effect thereto, in respect of the
proposal to develop 60 semi-detached houses and 4 detached
houses at 275 Wallace Avenue; and
(2) the report (January 4, 2000) from the Acting Commissioner of
Urban Development Services be adopted.
The Toronto Community Council reports, for the information of Council, having
requested the Acting Commissioner of Urban Development Services, in
consultation with appropriate officials, to report directly to Council on the
following amendments proposed by Michael B. Vaughan Q.C. in his
communication dated January 18, 2000:
(a) Amending Recommendation No. 10(xxiv) of the report (January 4, 2000
from the Acting Commissioner of Urban Development Services to read:
"10(xxiv) that the owner certify to the satisfaction of the
Commissioner of Works and Emergency Services that the
crash wall and berm as designed meet CN's requirements
or comparable safety requirements."
(b)Amending Recommendation No. 10(xxix) of the report (January 4, 2000) from
the Acting Commissioner of Urban Development Services to read:
"10(xxix) that the owner advise CN in writing of the particulars as to
how CN's safety requirements will be resolved."
The Toronto Community Council further reports, for the information of Council,
that notice of the public meeting was given in accordance with the Planning
Act. The public meeting was held on January 18, 2000, and Mr. Michael B.
Vaughan, Lawyer, addressed the Toronto Community Council.
The Toronto Community Council submits the following report (January
10, 2000) from the City Solicitor:
Purpose:
This report provide the necessary draft by-law amendments to rezone 275
Wallace Avenue from I2 D2 to R2 Z1.0 and to redesignate the site as Low
Density Residence Area to permit 60 semi-detached houses and 4
detached dwellings on the site.
Financial Implications and Impact Statement:
The enactment of the Draft By-law has no financial implications or impact for
the City. It requires no funding.
Recommendations:
It is recommended that:
(1) the Toronto Community Council hold a public meeting in respect of the
Draft By-law in accordance with the provisions of the Planning Act; and
Following the public meeting and in the event the Toronto Community Council
wishes to approve the Draft By-law, it could recommend:
(2) the Draft By-law attached to the report (January 10, 2000) of the City
Solicitor be approved and that authority be granted to introduce the
necessary Bills in Council, substantially in the form of the Draft By-laws,
to give effect thereto, in respect of the proposal to develop 60 semi-detached houses and 4 detached houses at 275 Wallace Avenue.
Background:
Toronto Community Council at its meeting of January 18, 2000 will have before
it the recommendations contained in the Final Report of the Acting
Commissioner of Urban Development Services (January 4, 2000) concerning the
above-noted development proposal. This report recommends an Official Plan
Amendment and a Zoning By-law Amendment to rezone 275 Wallace Avenue
from I2 D2 to R2 Z1.0 and to redesignate the site as Low Density Residence Area
in order to permit the construction of 60 semi-detached houses and 4 detached
houses at 275 Wallace Avenue.
Comments:
This report contains the necessary Draft By-laws, which, if enacted, will give
effect to the Planning Report.
Conclusions:
N/A
Contact:
Marc Kemerer, Solicitor
Telephone: (416) 392-1228
Fax: (416) 397-4420
E-mail: mkemerer@toronto.ca
_________
Attachment No. 1
DRAFT BY-LAW (1)
Authority: Toronto Community Council Report No. , Clause No. ,
As adopted by City of Toronto Council on
Enacted by Council:
CITY OF TORONTO
Bill No.
BY-LAW No. - 2000
To adopt an amendment to the Official Plan in respect of
No. 275 Wallace Avenue.
WHEREAS the Council of the City of Toronto has had referred to it a proposed
Official Plan Amendment and a proposed Zoning By-law respecting 275 Wallace
Avenue.
AND WHEREAS the Council of the City of Toronto conducted a public
meeting under Sections 17 and 34 of the Planning Act, R.S.O. c.P13
regarding the proposed Official Plan Amendment and proposed Zoning By-law;
AND WHEREAS the Council of the City of Toronto, at its meeting held
on February __, 2000, determined to amend the Official Plan for the former
City of Toronto;
The Council of the City of Toronto HEREBY ENACTS as follows:
1. The text and maps annexed hereto as Schedule "A" are hereby
adopted as an amendment to the Official Plan for the former City
of Toronto.
2. This is Official Plan Amendment No. ___.
ENACTED AND PASSED this day of , A.D. 2000.
_________
SCHEDULE "A"
1. Section 18 of the Official Plan for the former City of Toronto is amended
by adding Section 18.___ as follows:
"18.___ Lands known as 275 Wallace Avenue
Council may pass by-laws respecting the lands shown on Map
18.____ to permit the construction of up to 4 detached dwellings
and 60 semi-detached dwellings.
4. Map 1, Generalized Land Use, is amended by deleting the
"Restricted Industrial Area" designation as it applies to the lands
municipally known in 1999 as 275 Wallace Avenue and replacing that
designation with a "Low Density Residence Area" designation.
(Map to be inserted)
_________
Attachment No. 2
DRAFT BY-LAW (2)
Authority: Toronto Community Council Report No. , Clause No. ,
As adopted by City of Toronto Council on
Enacted by Council:
CITY OF TORONTO
Bill No.
BY-LAW No. - 2000
To amend the General Zoning By-law No. 438-86 of the former City of
Toronto with respect to the lands known as 275 Wallace Avenue.
The Council of the City of Toronto HEREBY ENACTS as follows:
1. District Map No. 48J-312 contained in Appendix "A" of By-law No.
438-86, as amended, being "A By-law To regulate the use of land and the erection,
use bulk, height, spacing of and other matters relating to buildings and structures and
to prohibit certain uses of lands and the erection and use of certain buildings and
structures in various areas of the City of Toronto", as amended, is further amended
by redesignating to R2 Z1.0 the lands shown as R2 Z1.0 and outlined by heavy lines
on Map 1, attached to and forming part of this by-law.
2. Nowithstanding provisions contained in Section 4(2) of By-law No.
438-86, as amended, no person shall, within the lands delineated on Map 1,
erect or use any building or structure having a height greater than 10 metres.
3. Nowithstanding the provisions contained in Section 6 (3) Part I 1
of By-law No. 438-86, as amended, no person shall, within the lands
delineated on Map 1:
(a) erect or use a semi-detached house having a residential gross
floor area in excess of 160.0 square metres; or
(b) erect or use a detached house having a residential gross floor
area in excess of 164.0 square metres.
4. Nowithstanding the defintion of "parking space" contained in
Section 2 of By-law No. 438-86, as amended, no person shall, within
the lands delineated on Map 1, erect or use any building or structure
without erecting and maintaining a garage of not less than 5.68 metres
on each lot.
5. None of the provisions contained in Sections 6(3) Part II 2 of By-law No.
438-86, as amended, pertaining to front yard setbacks setbacks shall apply within the
lands delineated by Map 1, but no person shall in said lands erect or use a building
or structure located closer to the front lot line than 1.524 metres.
6. None of the provisions contained in Sections 6(3) Part II 3 of By-law No.
438-86, as amended, pertaining to front yard setbacks shall apply within the lands
delineated by Map 1, but no person shall in said lands erect or use a building or
structure that does not comply with the following mimimum side yard setbacks:
(a) No person shall, on a lot within the lands outlined on Map 2, attached
to and forming a part of this by-law, erect or use a building or structure
having any part thereof located closer to the south side lot line than
0.358 metres;
(b) No person shall, on a lot within the lands outlined on Map 4, attached
to and forming a part of this by-law, erect or use a building or structure
having any part thereof located closer to the north side lot line than
0.610 metres;
(c) No person shall, on a lot within the lands outlined on Map 6, attached
to and forming a part of this by-law, erect or use a building or structure
having any part thereof located closer to the north side lot line than
0.379 metres;
(d) No person shall, on a lot within the lands outlined on Map 7,
attached to and forming a part of this by-law, erect or use a
building or structure having any part thereof located closer to the
north side lot line than 0.76 metres;
(e) No person shall, on a lot within the lands outlined on Map 8, attached
to and forming a part of this by-law, erect or use a building or structure
having any part thereof located closer to the south side lot line than
0.457 metres;
(f) No person shall, on a lot within the lands outlined on Map 9, attached
to and forming a part of this by-law, erect or use a building or structure
having any part thereof located closer to the south side lot line than
0.457 metres; and
(g) No person shall, on a lot within the lands outlined on Map 10,
attached to and forming a part of this by-law, erect or use a
building or structure having any part thereof located closer to the
south side lot line than 0.457 metres.
7. None of the provisions contained in Sections 6(3) Part II 3 of By-law No.
438-86, as amended, pertaining to setbacks from a flanking street shall apply within
the lands delineated by Map 1, but no person shall in said lands erect or use a
building or structure that does not comply with the following mimimum lot frontages:
(a) No person shall, on a lot within the lands outlined on Map 2, erect or use
a building or structure having any part thereof located within 0.662
metres of Wallace Avenue;
(b) No person shall, on a lot within the lands outlined on Map 6, erect or use
a building or structure having any part thereof located within 0.662
metres of Paton Road; and
(c) No person shall, on a lot within the lands outlined on Map 11,
attached to and forming a part of this by-law, erect or use a
building or structure having any part thereof located within 0.662
metres of Paton Road.
8. None of the provisions contained in Sections 6(3) Part VII 1 of By-law
No. 438-86, as amended, pertaining to minimum lot frontages shall apply within the
lands delineated by Map 1, but no person shall in said lands erect or use a building
or structure that does not comply with the following mimimum lot frontages:
(a) No person shall erect or use a building or structure on a lot on the lands
outlined by heavy lines on Map 2 having a lesser lot frontage than 5.997
metres;
(b) No person shall erect or use a building or structure on the lot on the
lands outlined on Map 3, attached to and forming a part of this by-law,
having a lesser lot frontage than 5.030 metres;
(c) No person shall erect or use a building or structure on a lot on the lands
outlined by heavy lines on Map 4 having a lesser lot frontage than 4.877
metres;
(d) No person shall erect or use a building or structure on the lot on the
lands outlined on Map 5, attached to and forming a part of this by-law,
having a lesser lot frontage than 5.030 metres;
(e) No person shall erect or use a building or structure on a lot on the lands
outlined by heavy lines on Map 6 having a lesser lot frontage than
6.0128 metres;
(f) No person shall erect or use a building or structure on the lot on the
lands outlined on Map 7 having a lesser lot frontage than 5.669 metres;
(g) No person shall erect or use a building or structure on the lot on the
lands outlined on Map 8 having a lesser lot frontage than 5.181 metres;
(h) No person shall erect or use a building or structure on a lot on the lands
outlined by heavy lines on Map 9 having a lesser lot frontage than 4.877
metres;
(i) No person shall erect or use a building or structure on the lot on the
lands outlined on Map 10 having a lesser lot frontage than 5.030 metres;
and,
(j) No person shall erect or use a building or structure on the lot on the
lands outlined on Map 11 having a lesser lot frontage than 6.018 metres.
ENACTED AND PASSED this day of , A.D. 2000.
(Maps to be inserted)
The Toronto Community Council also submits the following report
(January 4, 2000) from the Acting Commissioner of Urban Development
Services:
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
_________
Application Data Sheet
Site Plan
Approval: |
N |
|
Application
Number: |
298006 |
Rezoning: |
Y |
|
Application Date: |
October 5, 1998 |
O. P. A.: |
Y |
|
Date of Revision: |
October 28,
1999 |
Confirmed Municipal Address: 275 Wallace Ave.
Nearest
Intersection: |
West of Lansdowne Ave., north of Bloor St. W. |
|
|
Project
Description: |
Build 64 detached and semi-detached houses. |
Applicant:
G. Bettencourt Design
Ltd.
1112 Dundas St. W.
532-2845 |
Agent:
G. Bettencourt Design
Ltd.
1112 Dundas St. W.
532-2845 |
Architect:
|
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 |
|
|
|
|
|
|
|
|
Dwelling Units |
|
Floor Area Breakdown |
Tenure: |
Freehold |
|
|
|
Land Use |
Above
Grade |
Below
Grade |
Total
Units: |
64 |
|
|
|
Residential |
9426.0 m2 |
|
Proposed Density |
|
|
Residential Density:
0.70 |
Non-Residential Density: |
Total Density: 0.70 |
Status: |
Preliminary Report October 22, 1998 adopted by Toronto
Community Council on November 12, 1998. Application revised
July 29, 1999. Draft Plan of Subdivision submitted October 26,
1999. Revised December 23, 1999. |
Data
valid: |
July 29, 1999 |
Section: |
CP South District |
Phone: |
392-7333 |
_________
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)
Our comments concerning this proposal are as follows: |
Description: |
Sever the lot into 64 lots - build 4 detached houses and 30 pairs of semi-detached houses, with rows of attached garages at rear |
Zoning Designation: |
I2 D2 |
Map: |
48J-312 |
Applicable By-law(s): |
438-86, as amended |
|
|
|
|
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;
_________
The Toronto Community Council reports, for the information of Council, having also had before
it during consideration of the foregoing matter, a communication (January 18, 2000) from Mr.
Michael B. Vaughan, which has been submitted to Members of Council under separate cover.
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