963 and 1001 Roselawn Avenue

Ward 28, York Eglinton

The York Community Council recommends that based on the findings of fact, conclusions and recommendations contained in the Supplementary Report dated January 25, 2000 from the Director, Community Planning, West District and the Final Report dated December 22, 1999 from the Executive Director and Chief Planner, and for the reason that the proposal is an appropriate use of lands, that the application by Westside Developments Ltd. for a Zoning By-law Amendment for the conversion of a manufacturing/warehouse building to a condominium apartment building containing 171 units and construction of 67 freehold residential townhouses, totalling 238 units, be approved.

The York Community Council reports, for the information of Council, having held a statutory public meeting on February 1, 2000, in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and regulations thereunder.

The York Community Council submits the following Supplementary Report (January 25, 2000) from the Director, Community Planning, West District:

Purpose:

To provide revised and additional information for Council's consideration.

Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that:

(1) Condition (3) ii) to permit introduction of the By-law to Council for enactment as contained in the the Planning report of December 22, 1999, be replaced with the following condition:

"(3)ii) receipt of comments from the Works and Emergency Services Department"; and

(2) the draft Zoning By-law attached as Attachment 10 to the Planning report of December 22, 1999 be replaced with the revised draft Zoning By-law attached as Attachment 3.

Background:

Since completion of the Planning Staff report dated December 22, 1999 additional information and revisions to the proposal has been provided by the applicant. This has necessitated minor changes to the draft Zoning By-law that are included as Attachment No.10 to the final planning report dated December 22, 1999. The new information and amendments are discussed below.

Comments:

Revisions to Proposal:

The applicant continues to propose the conversion of the existing 4-storey manufacturing/warehouse building and the construction of two additional floors, which will contain 2-storey apartment units, for a "loft style" condominium apartment building. The number of units proposed is 180 rather than 171 which results from an increase in the number of one bedroom units to 126 from 111 units and a reduction in the number of two bedroom units to 54 from 60 units.

Construction of 67 freehold townhouse units serviced by two new public roadways on both sides of the building also continues to be proposed. However, while the previous proposal provided for two to four storey townhouse units, the proposal has been revised to include only three and four storey units. The units will range from approximately 132.6 to 162.4 square metres (1, 428 to 1,748 square feet) in size. Consequently, the proposed total gross floor area of the townhouses has increased from 7 727 square metres to 10 420 square metres and a change to the draft Zoning By-law is required. A revised site plan and revised townhouse elevations is attached as Attachments 1 and 2 respectively. Revised project information is listed in Table No. 1.

TABLE NO. 1

Works and Emergency Services staff have advised that they expect to complete comments on the entire proposal including revisions in the near future. Notwithstanding discussions with Planning staff to revise road right-of-way requirements to accommodate the arrangement of services, they have verbally requested that complete Works and Emergency Services Department comments be received prior to enactment of the Zoning By-law Amendment. The conditions to permit introduction of the Zoning by-law for enactment by Council as stated in the December 22, 1999 Planning report will be revised to comply with this request.

Parking Requirements:

The increase in the number of proposed condominium units would necessitate 11 additional parking spaces to be provided to comply with the minimum parking standards (visitor and occupant) of the Zoning By-law for the former City of York. The deficiency is attributed to the increase of 9 one-bedroom units which have resulted from a division of larger one-bedroom units into smaller one-bedroom units to address anticipated market demand. Although the applicant is proposing 10 tandem small car parking spaces these tandem spaces logistically can not be applied to two different condominium units and therefore cannot be applied to reduce the deficiency. Transportation staff have verbally advised that the 11 space parking deficiency is acceptable given the smaller size of several of the one-bedroom units and the likelihood that these units will be acquired by owners without cars. A revision to the draft Zoning By-law to alter the parking standards for one-bedroom units within the apartment house is required.

Minimum Garage Parking Space Width:

The applicant has clarified that a narrower internal width of 2.75-m (9 ft) as compared to the minimum zoning by-law standard width of 3 m (9.84 ft) is requested for the garages accessory to the townhouse lots. The narrower width will provided for a slightly wider pedestrian walkway along side the garages leading to the townhouse yards. The Works and Emergency Services Department has verbally advised Planning staff that they have no objection to the slightly narrower internal width.

Building Heights:

The applicant has reviewed and clarified building height provisions contained in the draft Zoning By-law attached to the final Planning report. The applicant also now is requesting provisions to allow two storey tower features attached to the townhouse garages for decorative purposes or for children's recreational space.

As a result amendments to the proposed by-law regulations are required to provide for the following maximum building heights measured from grade adjoining the front entrance to the buildings:

(i) for all townhouses save and except or the townhouses with integral garages, three storeys and 11.3 metres (37 feet):

(ii) for the townhouses with integral garages, 3 storeys and 12 metres (39.4 feet);

(iii) for the condominium apartment building, 6 storeys and 27 metres (88.6 feet) exclusive of roof top mechanical penthouses and equipment, parapet walls and antennae;

(vi) maximum height for the apartment house garage and other buildings or structures accessory to the apartment house, one storey and 3 metres(9.84 feet);

(v) maximum height for buildings or structures accessory to townhouses, one storey and 4.5 metres (14.7 feet) or where such accessory building or structure have decorative or recreational portions do not exceed 5 square metres in ground floor area and have a roof, two storeys and 7 metres (22.9 feet)

Proposed Townhouse Setbacks:

The applicant and Planning staff have reviewed proposed setback provisions to the townhouse development blocks and minor reductions to the setback requirements were necessary to accommodate some tolerances for townhouse construction.

Holding Provisions:

In light of the outstanding review of the air quality and noise impact studies and the setback requirements, 'H' Holding provisions have been included in the draft zoning By-law, to apply only to the townhouse blocks comprising the eastern 114 metres (372 feet) of the site. These provisions are used to ensure that before the holding designation is lifted to permit development to proceed, technical studies are submitted and/or mitigation measures are in place where development may be negatively impacted by environmental concerns.

Arising from discussions with the applicant, Planning staff reviewed the proposed extent of the lands to which the holding designation applies and have determined that the limit of the designation can be reduced to apply to the townhouse blocks within approximately 37 metres (120 feet) of the eastern property line.

Other Technical Amendments:

Following a review of the draft Zoning By-law with Building Division staff, other technical amendments to the draft zoning by-law have been incorporated to avoid conflict with other general provisions of the main zoning by-law and to clarify draft zoning provisions to permit the development proposal. The amendments, among other minor changes, include provisions to:

(i) limit the total floor area of accessory building and structures to 35 square metres for each townhouse;

(ii) identify the degree to which ordinary projection of building components (e.g. cornices. sills, awnings chimneys, steps ) may project into the required yards.

(iii) permit the garage wall to be constructed in the front of the main wall of the townhouse where the garage is built into the townhouse;

(iv) require a minimum of 15% of a townhouse lot to be green landscaped open space, save and except for the eastern most block of townhouses lots where such landscaped space cannot be provided; and,

(v) refer to maximum gross floor area to regulate the amount of development, in place of the use of floor space index.

Conclusions:

Revisions to the draft Zoning By-law to permit the proposed development are required to reflect the revisions to the proposal as discussed in this report. Planning staff recommend that the draft Zoning By-law attached as Attachment 10 to the Planning report of December 22, 1999, be replaced with the revised draft Zoning By-law attached as Attachment 3. Planning staff also recommend that the conditions to permit introduction of the By-law to Council for enactment as contained in the Planning report of December 22, 1999, be revised to require receipt of comments from the Works and Emergency Services Department;

Contact:

Lou Moretto Tel: (416) 394-2610

Manager, Community Planning, West District Fax: (416) 394-2782

West District e-mail: lmore@toronto.ca

Paulo Stellato, MCIP, RPP, Planner,

Community Planning, West District

Fax: 394-6063; Tel: 394-6004 Email: apstellato@toronto.ca

ATTACHMENT 3

REVISED DRAFT ZONING BY-LAW

(THIS DRAFT BY-LAW REPLACES THE DRAFT BY-LAW ATTACHED AS ATTACHMENT 10 TO THE FINAL REPORT DATED DECEMBER 22, 1999

FROM THE EXECUTIVE DIRECTOR AND CHIEF PLANNER)

Authority: York 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.

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

963 and 1001 Roselawn Avenue

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

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

SECTION 6 - AMENDED

1. That Section 6 of Zoning By-law Number 1-83, as amended, of the former City of York, is hereby further amended by adding a new Subsection (66) as follows:

"(66) MAP 25

By changing the area shown on District Map 25, municipally known as 963 and 1001 Roselawn Avenue and more particularly referenced in Schedule "A" hereto, from PE - Prestige Employment to RM2 - Residential Multiple Zone and to RM2-16 (397)-H Zone as shown on Schedule 'A' hereto and by changing District Map 25 accordingly."

SECTION 16 - AMENDED

2. That Section16 of Zoning By-law Number 1-83, as amended, of the former City of York, is amended by adding a new Subsection (397) as follows:

"(397) LANDS - 963 and 1001 Roselawn Avenue

Notwithstanding any provisions of this by-law the lands municipally known as 963 and 1001 Roselawn Avenue which lands are more particularly referenced on Schedule "A" hereto and shown on Schedule "B" hereto (hereinafter referred to as "the lands"), shall not be used for any purpose other than for erecting and using an apartment house, townhouses, accessory uses, buildings and structures, subject to the following provisions:

(a) The number of dwelling units within the apartment house shall not exceed 180.

(b) The total number townhouses shall not exceed 67.

(c) Permitted uses shall be located within development blocks shown on Schedule "B" hereto as follows:

(i) townhouses, and accessory uses, buildings and structures shall be within Blocks 1, 2, 4, 5 and 6, and

(ii) an apartment house and accessory uses, buildings and structures shall be within Block 3.

Notwithstanding the arrangement and minimum dimensions of the development blocks as shown on Schedule "B", the development blocks may be reduced in area and width by the future conveyance of lands within the block to the City for municipal purposes.

(d) Within Blocks 1, 2, 4, 5 and 6:

(i) townhouses shall be located within the areas marked "building areas within development block" shown on Schedule "B" hereto so as to provide the minimum setbacks to the limit of the development block shown thereon, inclusive of any land which is or has been conveyed to the City for municipal purposes, and

(ii) detached garages shall be located abutting the proposed roadway and shall be separated from the townhouse to which it is accessory to by a minimum distance of 4.5 m.

(e) Within Blocks 2, 5 and 6 detached garages and other accessory buildings or structures shall be permitted in the front yard at the rear of the garage.

(f) Buildings located within Blocks 1, 3 and 4 shall be deemed to have frontage and front yards abutting Roselawn Avenue.

(g) Accessory buildings and structures for each townhouse to which they are accessory within Blocks 1, 2, 4, 5 and 6 shall not exceed 35 square metres in total ground floor area.

(h) Within Block 6 the portion of the townhouse containing the garage may be constructed closer to the front lot line than the portion of the townhouse that does not contain the garage.

(i) Townhouse development blocks shall contain the following minimum number and width of building separations up to a maximum of eight attached townhouses:

(i) For Blocks 1, 2, and 5 - one separation of 2.4 metre minimum width and

(ii) For Block 4 - two separations of 2.4 metre minimum width.

(j) Within Block 3, an apartment house and any accessory parking garage or structure shall be located within the area marked "building area within development block" shown on Schedule "B" hereto so as to maintain the minimum setbacks shown thereon.

(k) For the purpose of determining setbacks and separation all measurement shall be to the main wall of the building or structure to which the setback or separation relates except that:

(i) ordinary projecting parts of a building or structure such as cornices, sills, roof, chimneys, steps to the ground may extend into the required yards a maximum of 0.6 metres;

(ii) awnings or roof overhangs in the rear yards of townhouses on Blocks 5 and 6 may extend into the required yard a maximum of 1.2 metres; and,

(iii) any projecting part of a building or structure shall not encroach on an abutting roadway or municipally owned land.

(l) No portion of any building erected above ground shall exceed the maximum heights in storeys and metres as follows:

(i) Maximum height for townhouses on Blocks 1, 2, 4 and 5 shall be 3 storeys and 11.3 metres and for townhouses on Block 6 shall be 4 storeys and 12 m;

(ii) Maximum height for apartment house on Block 3 shall be 6 storeys and 27 m;

(iii) Maximum height for the parking garage or other accessory building or structure related to the apartment house shall be 1 storey and 3.1m; and,

(iv) Maximum height for buildings or structures accessory to townhouses shall be 1 storey and 4.5 metres except that any portion of the accessory garage having a ground floor area not exceeding 5 square metres , a roof, and used for decorative or recreational purposes shall not exceed a height of 2 storeys and 7 metres.

For the purpose of this subsection "height" shall mean the number of full storeys and the measured vertical height from the finished grade adjoining the front entrance of the residential building or the vehicle access door in the case of a garage, to the highest point of the roof joists in the case of a flat roof, or the average height half way up in the case of a pitched roof, except that mechanical penthouses and equipment, parapet walls and antennae shall be excluded in the determination of height. Where there is a garage under the front of the building the measurements shall be taken from the grade at the steps leading to the front entrance.

(m) Subsection 3© of Section 10.1 of this By-law shall not apply. Within Blocks 1, 2, 4, and 5 a minimum of fifteen percent (15%) of the area of the lot, excluding the area covered by any porch, verandah, deck or balcony shall be green landscaped open space. No portion of the required green landscaped open space may be used for the parking of motor vehicles.

(n) The maximum floor space index provisions of Section 10.1 shall not apply. The maximum gross floor area shall be 19,500 square metres in total for the apartment house and 10,420 square metres in total for the townhouses.

(o) The minimum width of each townhouse lot shall be 4.45 metres.

(p) Parking shall be provided in accordance with Section 3.2.1 except that:

(i) the minimum width of a parking space within a garage accessory to a townhouse shall be 2.75 metres and

(ii) parking, excluding visitor parking, within the apartment house shall be provided and maintained at a minimum rate of 0.9 parking space for a bachelor or one bedroom dwelling unit.

(q) The Chief Building Official for the City or his designate, prior to the issuance of any building permit for the development shall be provided with a completed "Record of Site Condition" pursuant to the Ministry of the Environment "Guideline for Use at Contaminated Sites in Ontario, February 1997", as amended or updated, marked as having been received by the Ministry of Environment along with a letter from the Ministry of Environment advising that the Record of Site Condition is not subject to an audit review; or, alternatively, a letter from the Ministry of Environment advising that the Record of Site Condition has passed a Ministry audit for compliance with the Guideline; and the suitable use or uses for the lands set out in Part 3 of the "Record of Site Condition" is consistent with the residential use or uses for the lands permitted by this Subsection.

(r) Until the removal of the holding symbol 'H' any portion of the lands designated RM2-16 (397)-H shall be used only for the purposes existing on the day of the passing of the by-law.

(s) The holding symbol 'H' on the lands designated as RM2-16 (397)-H shall only be removed when the following conditions have been met:

(i) An air quality study and a noise impact study have been prepared and submitted to the satisfaction of the Director of Community Planning West District, that demonstrates that air quality and noise impact from adjoining uses can be mitigated to acceptable Ministry of the Environment standards following the recommendations of the studies, and

(ii) written confirmation is received from the air quality consultant and the noise consultant that the recommendations of the respective studies as they relate to off-site mitigation measures have been fulfilled or other arrangements satisfactory to the Director of Community Planning, West District, have been made to provide for the completion of the off-site mitigation measures.

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

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

ENACTED AND PASSED this day of , A.D. 2000.

Mayor City Clerk

The York Community Council also submits the following Final Report (December 22, 1999) from the Executive Director and Chief Planner:

Purpose:

To consider a proposal to amend Zoning By-law 1-83 with respect to properties municipally known as 963 and 1001 Roselawn Avenue from PE-Prestige Employment Zone to Residential Multiple Zone 2 (RM2) and on a site specific basis, to permit the conversion of a manufacturing/warehouse building to a condominium apartment building containing 171 units and construction of 67 freehold residential townhouses, totalling 238 units.

Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that:

(1) the application by Westside Developments Ltd. be approved subject to a Public Meeting to obtain the views of interested parties and the conditions outlined in this report;

(2) Zoning By-law No. 1-83 be amended generally in accordance with the draft Zoning By-law attached as Attachment No. 10 to this report and worded to the satisfaction of the City Solicitor;

(3) prior to introduction of the By-law for enactment by Council the following conditions be fulfilled:

(i) submission of final site plan drawings and statistics to finalize preparation of the amending By-law;

(ii) receipt of comments from Parks and Recreation Services Division of the Parks, Culture and Economic Development Department; and,

(iii) receipt of comments from the Transportation Division of the Works and Emergency Services Department; and,

(4) the City Solicitor and Planning staff take the necessary action to finalize the draft By-law.

Background:

The original application, submitted on September 2, 1999, contemplated the retention of an additional building, the "Dye House which was to have been converted to allow for vehicle parking in connection with the apartment building, and the introduction of 61 identical townhouse condominium units within long uniform block configurations flanking both sides of the building. This original proposal was to have been serviced by private driveways from Roselawn Avenue. Adequate visitor parking and pedestrian and visual connections through the development to existing public open space areas were not provided for in the initial submission.

Following the October 1, 1999, community meeting and discussions with Planning staff, the applicant acquired additional similarly zoned lands to the east, municipally known as 963 Roselawn Avenue.

The application was revised to include the demolition of the "Dye House", introduction of additional underground parking which also addressed visitor parking requirements for the apartment building and additional townhouse units on the lands at 963 Roselawn Avenue. With respect to the townhouses, a public roadway system with on-street parking opportunities has also been added to the project to service all townhouse blocks. The townhouses themselves have been revised to allow for a variation in design, most units having rear yard amenity space and detached garages. These revisions will be discussed in greater detail later in this report.

Site Description and Surrounding Land Uses:

The property consists of two parcels of land with a combined site area of 1.73 ha (4.3 ac.). The principal parcel, 1001 Roselawn Avenue, was formerly used by Coates and Clark mill, for the manufacturing/warehousing of yarns and wools, until the business closed earlier this year. These lands are currently occupied by three individual buildings, including the manufacturing/warehouse building to be converted to a condominium apartment house. The remaining buildings on the property (Dye and Boiler Houses) will be demolished. A second, smaller parcel formerly occupied by a tow truck operation, but now vacant, at 963 Roselawn Avenue has been acquired and included within the proposal.

The lands are designated Employment by the York Official Plan and are zoned PE-Prestige Employment. Industrial uses are located to the east and are zoned PE-Prestige Employment. The former Canadian National Railway Belt Line right-of-way abuts the property to the south. The City is to acquire the railway right-of-way early in the new year and to develop it over time for parks purposes. Abutting the railway right-of-way, further south is Walter Saunders Park and residential single family dwellings. Single family dwellings are located to the east, and opposite Roselawn Avenue to the north, in an R2-Residential Zone (R2).

Proposal:

The applicant has proposed the conversion of the existing "L" shaped, 4-storey manufacturing/warehouse building and the construction of two additional floors which will contain 2-storey apartment units, for a "loft style" 171 unit condominium apartment building. The construction of 67 freehold townhouse units serviced by two new public roadways on both sides of the building is also proposed. (Attachment No. 2 - Site Plan) The requested amendments would rezone the property from PE-Prestige Employment Zone to Residential Multiple Zone (RM2) and provide for site specific zoning development standards.

As identified in the most recent plans, the proposed industrial building conversion to condominium apartments would create a strong residential street presence along Roselawn Avenue. The oversized windows and main entrance from Roselawn Avenue to the existing industrial building will be retained and incorporated within the design. In addition, the two new storeys will be set back from the building edge to provide for a well defined building cap. (Attachment Nos. 3 & 4)

The condominium units would consist of 111 one bedroom and 60 two bedroom units for a total of 171 units. The proposed units would range in size from 78 to 112 m² (840 to 1, 206 sq. ft.). The building will contain 34 units per typical floor.

The underground resident parking entrance would be located on the east side of the building, and would be accessed at street level by the proposed public roads in the eastern part of the site. An at-grade visitor parking area, containing 43 designated visitor parking spaces will be accessed from the public roadway system on the western part of the site together with a 34 surface resident parking space. An outdoor amenity/courtyard area has also been proposed on the south side of the building with direct access from an abutting indoor amenity area.

As discussed, the balance of lands will be developed in the form of townhouse blocks containing a total of 67 units which will flank either side of the condominium building. These units will front onto Roselawn Avenue and the future Belt Line Park with parking and detached garages accessed typically from a rear 13 to 14.5 m (43 to 47.5 ft.) wide public road. The units will be a maximum of 2 to 4-storeys in height (excluding basements), 4.5 to 5.2 m (15 to 17 ft.) wide and ranging from approximately 121 to 147.5 m² (1, 305 to 1, 586 sq. ft.) in size. Parking for most of these units would be accommodated within detached garages, located the rear yard of the lot, with the exception of 6 townhouse units which will have integral garages with an amenity area over the garage. On-street parking spaces are proposed within the development site. Small landscaped areas are proposed at the front entrances and in the rear yards of each unit.

Attachment No. 1 is a key map of the area. Attachment Nos. 2, 3, 4 and 5 are reductions of the proposed site plan and elevations. A summary of information as provided by the applicant is listed in Table No. 1.

TABLE NO. 1

Community Consultation:

On October 5, 1999, a community meeting was attended by approximately 75 area residents. Concerns that were expressed related to the: development's integration within the neighbourhood, increased traffic and the need for additional visitor parking; setbacks and buffering from abutting uses; as well as, retention of industrial uses.

Comments have been submitted by existing industrial businesses in the vicinity, namely Ryding Auto Body (961 Roselawn Avenue), and Dom Sports and Games (957 Roselawn Avenue). Concerns expressed by these establishments are related to possible limitations and/or encumbrances that may be imposed on their operations (incl. noise and odour mitigation measures, lighting and business hours traffic restrictions and associated with) as a result of the introduction of new residential uses in close proximity to their lands. In this instance, the applicant has submitted requisite noise, air quality and transportation studies to address the noted concerns and these are discussed in greater detail later in this report.

Comments:

Official Plan and Zoning By-law:

The site is designated Prestige Employment in the York Official Plan. This designation generally provides for a wide range of employment activities including, industries, offices, design centres, business service establishments, recreational establishments and restaurants. Residential and live/work uses may, without amendment to the Official Plan, be introduced subject to certain criteria (contained within Section 12.8 of the Plan) for considering the appropriateness of the residential proposal.

While the subject site is in proximity to existing industrial uses to the east, the Prestige Employment designation permits the redevelopment of this and surrounding industrial properties for residential purposes (subject to the above-noted criteria), thus allowing for land use compatibility with the existing residential uses to the west, north and south of the subject site, to be achieved over time.

Staff have evaluated the application based on the criteria contained in Section 12.8 of the Plan, and are of the opinion that the proposed residential use generally satisfies those criteria as further discussed in Attachment No. 7. A review of the Metropolitan Official Plan has not identified any City-wide issues.

In the event of approval, appropriate development standards regarding maximum gross floor area, building height, parking, setbacks, coverage, and a maximum number of units should be included in a site specific by-law.

The applicant has applied for Site Plan Control approval for the proposed development. The applicant intends to later seek plan of subdivision approval to create the proposed public roadway and the townhouse blocks and lots, as well as Plan of condominium approval for the apartment house.

Public Streets and Neighbourhood Integration:

Community Planning staff expressed concern to the applicant respecting the original proposal's isolation and lack of integration with the surrounding neighbouhood. In order to address this concern the applicant has revised the plans and redesigned the originally proposed private driveways to acceptable public road standards for the townhouse portion of the development.

In addition to an existing public walkway located on the east side of the industrial building that provides the existing community with a pedestrian connection to the residential community to the south, the applicant has also proposed a number of additional north/south pedestrian connections from Roselawn Avenue to the future Belt Line Park. Community Planning staff recognize that these connections will achieve a number of planning objectives, including improving the overall integration of the site with it's surrounding neighbourhood, as well as, improving visual separations through the site and options for residents of the site. The final design and provision of public access will be secured as a condition of Site Plan Control Approval including any necessary agreements permitting public use of sidewalks on the condominium apartment lands.

Visitor Parking:

As noted previously, the original application did not propose an adequate number of visitor parking spaces. Concerns had been expressed by area residents regarding the need for additional visitor parking as part of the development. In order to address the issue of visitor parking, and as part of the redesign of the public road servicing the townhouse blocks, the applicant has designed the road to City standards to allow for on-street parking opportunities, including the introduction of 8 designated visitor parking spaces located within the east portion of the site, 2 of which can be accommodated on the condominium apartment building lands and be available for use by visitors to the townhouses. With respect to the western townhouse block, the applicant is now providing approximately 14 visitor parking spaces, (4 on-street spaces and 10 on the condominium property for condominium visitors but also available for use by townhouse visitors. The use of these visitor spaces will be secured through the condominium approval process). Staff note that the provision of visitor parking for the townhouse units exceed current Zoning By-law parking requirements.

With respect to the condominium building, the applicant as part of the redesign of the project has expanded the underground parking structure to allow for additional required parking. As a result the applicant will be able to meet the minimum number of parking spaces required by the Zoning By-law with the inclusion of 20 undersized parking spaces which are proposed as 10 paired tandem spaces. As well, the applicant is able to accommodate a significant portion of the condominium buildings' parking requirement (70%) within an underground structure. The balance of the required parking will be provided at-grade.

Proposed Building Heights and Setbacks:

The current proposal contemplates the conversion of the existing warehouse/manufacturing building fronting onto Roselawn Avenue, which is 4 storeys tall. As part of the redevelopment, a two-storey addition is proposed on the roof of the building. This addition will be set back from the edges of the building, so that it will not add to the overshadowing of surrounding properties. The proposed 2 to 4-storey street townhouses will be compatible with the height of the surrounding dwellings and generally complies with the maximum building height established by the Zoning By-law.

As identified in the most recent plans, the applicant has now provided building separations (minimum of 2.39 m) between townhouse blocks, and a maximum of 8 units within each townhouse block, which would allow for visual breaks between blocks and avoid long continuous street walls. With respect to setbacks and buffering to rear yards of the adjacent single, detached dwellings to the west, and the industrial uses to the east, the applicant has proposed a 5.16 m (17 ft.) sideyard setback at the westerly end of the site and a 3.5 to 7.5 m (11 to 25 ft.) sideyard setback along the easterly property boundary line. The degree of setback to the east is still an issue to be resolved as it relates to noise mitigation. At minimum a 4m (13 ft.) setback has been shown in the noise impact study. However, the acceptability of the setback along with the study is under review. Finalization of landscape buffering will be required as part of Site Plan Control approval, including any necessary agreements. (Attachment Nos. 5 and 6)

Agency Comments/Department Circulation:

In response to the circulation of plans submitted in support of this application, no objections have been expressed by Municipal Standards Division of the Urban Development Services Department.

A Traffic Impact Assessment (BA Consulting Group, September 1999) and Functional Servicing Report (G. M. Sernas & Associates, September 1999), have been submitted by the applicant in support of their proposal and circulated to the Works and Emergency Services Department for review and comment.

Written comments have not been received from staff of the Works and Emergency Services Department, however, Planning staff have initiated discussions with them regarding operational and servicing requirements for the proposal, including traffic and transportation issues, public right-of-way widths, streetscape design and on-street parking requirements, waste management, and municipal servicing and utilities.

Staff have resolved these issues and have been able to established minimum public right-of-way requirements to satisfy operational, servicing, streetscape, on-street parking and the future conveyance of the internal roadway system as public streets. As transportation comments have not been received, staff recommend that such comments be submitted prior to approval of a Zoning By-law amendment.

The Fire Department has requested that proposed Fire Routes be, if deemed necessary, appropriately designated and constructed in accordance with Ontario Building Code standards and that the rear parking lot be at-grade and at a single level. Staff have further requested that the main building be fully sprinklered and hydrant coverage in accordance with Ontario Building Code requirements be provided for the townhouse blocks (Attachment No. 8).

The Economic Development Office of Economic Development, Culture & Tourism Department, have advised that although they do not object to the development, they recommend that the concerns of local businesses as outlined in the comments submitted by existing industrial businesses in the vicinity, namely Ryding Auto Body (961 Roselawn Avenue), and Dom Sports and Games (957 Roselawn Avenue) be addressed. Concerns expressed by these establishments are related to possible limitations and/or encumbrances that may be imposed on their operations (incl. noise and air quality mitigation, lighting and business hours traffic restrictions and associated costs) as a result of the introduction of new residential uses in close proximity to their lands. In this instance, the applicant has submitted requisite noise, air quality and transportation studies to address the noted concerns.

Public Health has advised that a PCB storage site exists on the property and that the applicant dispose of the PCB waste in accordance with Ministry of Environment criteria (Attachment No. 9).

Toronto District and Toronto Catholic District School Boards have not commented.

As Parks and Recreation Services comments have not been received, staff recommend that such comments be submitted prior to the approval of a Zoning by-law amendment for such lands.

Soil and Groundwater Environmental Matters:

The site was formerly used for industrial purposes and soil contamination may be an issue. The applicant has been advised that an investigation of the site should be undertaken by a qualified environmental consultant, and that a Record of Site Condition, which includes an affidavit of the consultant and Ministry of Environment acknowledgement of receipt of the record, must be received by the City prior to a building permit(s) being issued for the residential use of the site. The Record of Site Condition as it pertains to the public lane portion of the site to be conveyed to the City, shall be subject to a peer review to confirm that the public lane lands meet the current Ministry of Environment "Guidelines for Use at Contaminated Sites in Ontario". This process is in accordance with the Interim Policy and Regulation Approach for Development Applications on Contaminated Sites, which was adopted by the former City of York Council on December 11, 1996.

A provision will be included in the amending Zoning By-law to require that prior to the issuance of a Building Permit(s) for the semi-detached dwelling development, a Record of Site Condition (which has passed an applicable Ministry of Environment audit, if applicable) be submitted to the City, and that the suitable use of the land as set out in the Record is consistent with the residential use of the lands as represented by this application.

Given the presence of current industrial uses in the immediate vicinity, the developer will also be required to include warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area to the satisfaction of the City Solicitor. Provision of these clauses would be secured by agreement as part of the Subdivision and/or Site Plan approval process.

Noise and Air Quality:

A Noise Impact Feasibility Study (J.E. Coulter and Associates Limited - dated December 15, 1999) and Air Quality Assessment (Church and Trought Inc - dated December 10, 1999), have been submitted in order to address noise, air quality and dust due to the proximity of the site to existing industrial uses (Ryding Auto Body Ltd., Caesar's Garage and Elite Automotive) and verify that the proposal will meet the Ministry of the Environment's criteria.

Because these reports have only recently, been submitted by the applicant (December 10 and 16, 1999), staff have not had an opportunity to review them in the context of applicable guidelines and policy requirements. As a result, Holding 'H' provisions for the proposed eastern townhouse block is recommended.

Holding Provisions:

The former York Official Plan (Section 24.9) allows for the use of 'H' Holding provision when conditions for the appropriate use cannot be ensured on a pre-zoning basis. These provisions may be used to ensure, before development proceeds, that among other matters, technical studies are submitted and/or mitigation measures are in place where development may be negatively impacted by environmental concerns, as conditions to be satisfied prior to removal of the holding zoning to allow the development to proceed. The Official Plan requires that the 'H' Holding provisions of a by-law specify the conditions which must be met prior to Council removing the Holding designation.

To facilitate the presentation of an amending by-law for the project, the introduction of 'H' Holding provisions within the amending by-law in accordance with Section 36 of The Planning Act is proposed by staff.

The 'H' Holding provisions are applicable only to the townhouse blocks for the eastern portion of the site in light of the outstanding review of the air quality and noise impact studies and the setback requirements. Provision also is included in the draft By-law to permit lifting of the holding provision when air quality and noise impact studies satisfactory to City staff have been submitted and when confirmation is received from the respective study consultants that off site mitigation measures have been completed in keeping with study recommendations or other arrangements that provide for their completion have been made to the satisfaction of City staff.

Conclusions:

This Department has evaluated the application within the context of the policies of the Official Plan and is of the opinion that the proposed use is appropriate. The subject property is designated Prestige Employment and the proposed rezoning generally complies with the criteria set out in Section 12.8 of the Official Plan for the introduction of residential uses in Employment designations.

Revisions to the original proposal provide for positive design modifications and includes the demolition of the "Dye House", introduction of additional underground parking which also addressed visitor parking requirements for the apartment building along with additional townhouse units on the lands at 963 Roselawn Avenue. With respect to the townhouses, a public roadway system with on-street parking opportunities has also been added to the project to service all townhouse blocks. The townhouses themselves have been revised to allow for a variation in design, most units having rear yard amenity space and detached garages. The site is in close proximity to retail facilities, schools, public transit, arterial roads; and provides acceptable on-site parking.

Staff recommend that the application be approved and that a by-law generally in accordance with the draft by-law attached as Attachment No. 10 be introduced for enactment.

In the event of approval, the following conditions should apply:

Conditions to Approval:

1. Fulfilment of the following conditions by the applicant prior to the enactment of an amending by-law attached as Schedule 1:

(i) The applicant submit final site plan drawings and statistics to satisfactory to Planning staff finalize the preparation of the amending by-law.

(ii) Receipt of comments from Parks and Recreation Services Division of the Parks Culture and Economic Development Department.

(iii) Receipt of comments from the Transportation Division of the Works and Emergency Services Department.

2. A site-specific amending by-law satisfactory to the City Solicitor and in accordance with the draft Zoning By-law shall be recommended for approval. The draft Zoning By-law provides for the rezoning of the site from PE-Prestige Employment to Residential Multiple Zone 2 (RM2) and will provide for the submission of a Record of Site Condition confirming that the suitable use of the land as set out in the Record is consistent with the proposed residential use. The By-law will further make provision for development standards including a holding zoning for the eastern townhouse blocks and unit width, maximum gross floor area, building height, setbacks, parking, and maximum number of units.

Further consideration of the proposal under Site Plan Control to include:

(i) Signing of a Site Control Agreement which may include, among other matters, the securing of financial guarantees and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of the City Solicitor.

(ii) Submission of site and landscape plan detailing planting, lighting, curbing, fencing, grading and street trees, and the posting of a financial guarantee to ensure compliance with the approved plans, to the satisfaction of the City Planning Division of Urban Planning & Development Services.

(iii) Submission of a stormwater management report, grading plan and construction management plan and the posting of a financial guarantee to ensure compliance with the approved plans, to the satisfaction of City Planning Division of Urban Planning & Development Services and Works & Emergency Services.

(iv) Provision of on-site services, including storage of waste and recyclable materials, the posting of adequate bonding to ensure completion of the grading and services, and compliance with the construction management plan, to the satisfaction of the City Planning Division of Urban Planning & Development Services and Works & Emergency Services.

(v) Confirmation that the plans for the access driveway and ramp to the below grade parking structure including details with respect to garage access, lighting and security to the satisfaction of Toronto Police Services and the Works and Emergency Services

(vi) Retention of the existing public easement and assurances that no permanent structures be permitted within the easements boundaries including the signing of agreements, and the posting of financial guarantees, if required, to the satisfaction of City Planning Division of Urban Planning & Development Services, Works & Emergency Services and City Solicitor.

(vii) Payment of cash-in-lieu of parkland and appropriate contribution towards the upgrade of local park(s) in lieu of adequate on-site amenities to the satisfaction of the Policy & Development Division of Economic Development, Culture & Tourism.

(viii) Payment of applicable development charges in effect at the time of the issuance of building permits.

Contact:

Paulo Stellato, MCIP, RPP, Planner

Community Planning, West District

Tel: 394-6004

Fax: 394-6063

Email: apstellato@toronto.ca

ATTACHMENT NO. 7

Official Plan Criteria - Section 12.8

(i) Location's potential for employment activities:

A Planning Analysis Report (Urban Strategies Inc., dated September 1999), was submitted by the applicant in support of the subject proposal. An economic analysis including a review of the potential for new employment uses on this site was discussed in this report, which concluded that the site and surrounding employment area are in a state of transition.

The report described the site being located in the middle of what is essentially a residential neighbourhood, and the prospects for future employment uses on the subject property are limited. The constraints imposed by surrounding residential uses, difficult access to regional highway network, poor visibility from arterial roads, the small size of the employment area and its isolated location seriously limit the site's suitability and marketability for future employment uses.

Community Planning staff have considered the alternative of retaining these lands for employment generating uses in anticipation of long term redevelopment. It is concluded that it is appropriate to permit alternative uses on the subject site adjacent to the existing residential area where employment uses are less likely to be attracted.

(ii) Impact of residential, live-work development on existing employment and residential activities in the surrounding area;

While the proposed residential development would be compatible with the neighbourhood to the west and south. It would, however, place a portion of the residential development in close proximity to existing industrial uses north and east of the site on Roselawn Avenue (Ryding Auto Body Ltd., Caesar's Garage and Elite Automotive). The balance of the lands on Roselawn Avenue north and east of the subject lands will remain designated for employment opportunities for the interim.

A Noise Impact Feasibility Study (J.E. Coulter and Associates Limited - dated December 15, 1999) and Air Quality Assessment (Church and Trought Inc - dated December 10, 1999), have been submitted in order to address noise, air quality and dust due to the proximity of the site to existing industrial uses (Ryding Auto Body Ltd., Caesar's Garage and Elite Automotive) and verify that the proposal will meet the Ministry of the Environment's criteria.

Because these reports have only recently, been submitted by the applicant (December 10 and 16, 1999), staff have not had an opportunity to review them in the context of applicable guidelines and policy requirements. As a result, Holding 'H' provisions for the proposed eastern townhouse block as recommended. The 'H' provisions would not be lifted until it has been concluded that the noted studies are acceptable and that the potential environmental impacts identified have been mitigated in accordance with the study recommendations or through other arrangements satisfactory to City staff.

With the incorporation of appropriate environmental mitigation measures, the potential land use conflicts between the existing industrial use and residential development will be minimized. An added measure of protection will be provided for these existing industries by requiring appropriate warning clauses registered on title to the lands through consent or Site Plan Agreements. The clauses would advise future owners and occupants of existing industrial uses in the area.

(iii) Environmental suitability for residential, development:

The site was formerly used for industrial purposes and soil contamination may be an issue. The applicant has been advised that an investigation of the site should be undertaken by a qualified environmental consultant, and that a Record of Site Condition, which includes an affidavit of the consultant and Ministry of Environment acknowledgement of receipt of the record, must be received by the City prior to a building permit(s) being issued for the residential use of the site. The Record of Site Condition as it pertains to the public lane portion of the site to be conveyed to the City, shall be subject to a peer review to confirm that the public lane lands meet the current Ministry of Environment's "Guidelines for Use at Contaminated Sites in Ontario". This process is in accordance with the Interim Policy and Regulation Approach for Development Applications on Contaminated Sites, which was adopted by the former City of York Council on December 11, 1996.

A provision will be included in the amending Zoning By-law to require that prior to the issuance of a Building Permit(s) for the semi-detached dwelling development, a Record of Site Condition (which has passed an applicable Ministry of Environment audit, if applicable) be submitted to the City, and that the suitable use of the land as set out in the Record is consistent with the residential use of the lands as represented by this application.

As discussed earlier, given the presence of current industrial uses in the immediate vicinity, the developer will also have to address noise, odours and dust due to the proximity of the site to existing industrial uses (Ryding Auto Body Ltd., Caesar's Garage and Elite Automotive) and verify that the proposal will meet the Ministry of the Environment's criteria. Warning clauses will be required in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area to the satisfaction of the City Solicitor. Provision of these clauses would be secured by agreement as part of the Site Plan Control approval process.

(iv) Availability of social and community services and residential amenities:

The site is well served by a variety of neighbourhood, community and regional shopping facilities. At the neighbourhood scale, both Dufferin Street south of the future Belt Line Park and Eglinton Avenue and Marlee Avenue are within walking distance and have active commercial strips, offering a wide variety of stores and services. Two community-scaled shopping centres are located within a short transit ride - Lawrence Square (Lawrence Avenue and Allen Road), and Westside Mall (Eglinton Avenue and Caledonia Avenue). Finally, Yorkdale Mall is located approximately 3.5 km north of the site, and is easily assessable by car or transit.

Formal comments have not been received from Parks and Recreation Services staff. Planning staff note however, that the future Belt Line Park (to be acquired by the City in 2000 and developed for parks purposes) is currently used informally by the Public as a walking trail is located along the southern boundary of the property. Immediately to the south the Walter Saunders Memorial Park provides neighbourhood park and recreation space. A variety of other neighbourhood parks and schools grounds are located within a short walk of the property.

A wide variety of public recreation facilities are located a few blocks south of the site near Eglinton Avenue and Vaughan Road. These include the Fairbank Memorial Community and Seniors Centre and associated outdoor pool, at Dufferin Street south of Eglinton Avenue; the Phil White Arena and tennis courts, at Cedarvale Park; the Vaughan Pool, at Vaughan Road.

The Toronto District and Toronto Catholic District School Boards have not provided comments to-date. Staff note that the district is served by three Public Schools. The Briar Hill Junior Public School (Dufferin Street and Briar Hill); Fairbank Middle School (Dufferin Street and Vaughan Road); and the Vaughan Road Collegiate Institute. A number of District Catholic Schools are also located in the surrounding area including the St. Thomas Aquinas Catholic Elementary School (south of Eglinton Avenue); Sts. Cosmas and Damian Elementary School (several blocks north of the site); and the Dante Alighieri Catholic High School (Dufferin Street and Lawrence Avenue).

ATTACHMENT 8

Letter dated November 19, 1999 from Glenn Misuirski, District Chief, Fire Prevention, West Command to Paul Stellato, Planner, West District, advising that the drawings have been reviewed and based on the following assumptions, have no concerns:

- the Fire Route will be designated under by-law and will be constructed to Ontario Building Code standards;

- the rear, south parking lot will be on grade and single level;

- the main building will be fully sprinklered; and

- hydrant protection will be provided for the townhouses.

ATTACHMENT 9

Memo dated September 10, 1999 from George Wu, Public Health Inspector, West Region, to Lou Moretto, Manager, Community Planning, West District, advising that they are aware of a PCB storage site at the subject location and that particulars of the site as recorded on file are as follows:

Address Business Operation Potential Source of Contamination

1001 Roselawn Ave Patons & Baldwins PCB Storage (Capacitors and Ballasts)

MOEE #301-86A-024

And that there is no objection to the application provided the applicant can assure the proper disposal of the PCB waste in accordance with the criteria of the Ministry of Environment and Energy.

ATTACHMENT 10

Draft Zoning By-law

(THIS DRAFT BY-LAW IS REPLACED BY THE DRAFT BY-LAW

ATTACHED AS ATTACHMENT 3 TO THE SUPPLEMENTARY

REPORT DATED JANUARY 25, 1999) FROM

THE DIRECTOR, COMMUNITY PLANNING, WEST DISTRICT)

Authority: York 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.

TO AMEND former City of York By-law No. 1-83

963 and 1001 Roselawn Avenue

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

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

SECTION 6 - AMENDED

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

"( ) MAP 25

By changing the area shown on District Map 25, municipally known as 963 and 1001 Roselawn Avenue and more particularly referenced in Schedule "A" hereto, from PE - Prestige Employment to RM2 - Residential Multiple Zone and to RM2(H) 16( )-H Zone as shown on Schedule 'A' hereto and by changing District Map 25 accordingly."

SECTION 16 - AMENDED

2. That Section16 of Zoning By-law Number 1-83, as amended, of the former City of York, is amended by adding a new Subsection ( ) as follows:

"( ) LANDS - 963 and 1001 Roselawn Avenue

Notwithstanding any provisions of this by-law the lands municipally known as 963 and 1001 Roselawn Avenue which lands are more particularly referenced on Schedule "A" hereto and shown on Schedules "B" and "C" hereto (hereinafter referred to as "the lands"), shall not be used for any purpose other than for erecting and using an apartment house, townhouses, accessory uses, buildings and structures, subject to the following provisions:

(a) The number of dwelling units within the apartment house shall not exceed 171.

(b) The total number townhouses shall not exceed 67.

(c) Permitted uses shall be located within development blocks shown on Schedule "B" hereto as follows:

(i) townhouses, and accessory uses, buildings and structures shall be within Blocks 1, 2, 4, 5 and 6, and

(ii) an apartment house and accessory uses, buildings and structures shall be within Block 3.

Notwithstanding the arrangement and minimum dimensions of the development blocks as shown on Schedule "B", the development blocks may be reduced in area and width by the future conveyance of lands with the block to the City for municipal purposes.

(d) Within Blocks 1, 2, 4, 5 and 6:

(i) townhouses shall be located within the areas marked "building areas" shown on Schedule "C" hereto so as to provide the minimum setbacks to the limit of the development block inclusive of any land which is or has been conveyed to the City for municipal purposes, and shown thereon, and

(ii) Detached garages shall be located abutting the proposed roadway and shall be separated from the townhouse to which it is accessory to by a minimum distance of 4.5 m.

(e) Within Blocks 2, 5 and 6 detached garages and other accessory building or structures shall be permitted in the front yard at the rear of the garage.

(f) Buildings located within Blocks 1, 3 and 4 shall be deemed to have frontage and front yards abutting Roselawn Avenue.

(g) Townhouse development blocks shall contain the following minimum number and width of building separations up to a maximum of eight attached townhouses:

(i) For Blocks 1, 2, and 5 - one separation of 2.4 metre minimum width.

(ii) For Block 4 - two separations of 2.4 metre minimum width.

(h) Within Block 3 an apartment house and any accessory parking garage or structure shall be located within the area marked "building area" shown on Schedule "B" hereto so as to maintain the minimum setbacks shown thereon.

(i) For the purpose of determining setbacks and separation all measurement shall be to the main wall of the building or structure to which the setback relates except that no ordinary projecting parts of a building or structure shall encroach on an abutting lot or roadway.

(j) No portion of any building erected above ground shall exceed the maximum heights in storeys and metres as noted below. For the purpose of this subsection "height" shall mean the number of full storeys above the ground level adjoining that portion of the building and the measured height expressed as the Canadian Geodetic Datum to the highest point of the roof joists in the case of a flat roof or to the average height half way up in the case of a pitched roof, except that mechanical penthouses and equipment, parapet walls and antennae shall be excluded in the determination of height:

(i) Maximum height for townhouses on Blocks 1, 2, 4 and 5 shall be 3 storeys and 183 metres and for townhouses on Block 6 shall be 4 storeys and 184 m.

(ii) Maximum height for apartment house on Block 3 shall be 6 storeys and 199m.

(iii) Maximum height for accessory buildings a structure shall be 1 storey and 177.7m.

(k) A minimum of ten percent (10%) of the area of the front yard, excluding the area covered by any porch, verandah, deck or balcony shall be green landscaped open space. No portion of the required green landscaped open space may be used for the parking of motor vehicles.

(l) The maximum gross floor area shall be 19,500m² in total for the apartment house and 7,730m² in total for the townhouses.

(m) The minimum width of each townhouse dwelling shall be 4.45 metres.

(n) Parking shall be provided in accordance with Section 3.2.1 except that a maximum of 10 pairs of parking spaces shall be provided as tandem parking spaces and each tandem space shall have a minimum depth of 4.45 m and used for small car parking.

(o) The Chief Building Official for the City or his designate, prior to the issuance of any building permit for the development shall be provided with a completed "Record of Site Condition" pursuant to the Ministry of the Environment "Guideline for Use at Contaminated Sites in Ontario, February 1997", as amended or updated, marked as having been received by the Ministry of Environment along with a letter from the Ministry of Environment advising that the Record of Site Condition is not subject to an audit review; or, alternatively, a letter from the Ministry of Environment advising that the Record of Site Condition has passed a Ministry audit for compliance with the Guideline; and the suitable use or uses for the lands set out in Part 3 of the "Record of Site Condition" is consistent with the residential use or uses for the lands permitted by this subsection.

(p) Until the removal of the holding symbol 'H' any portion of the lands designated RM2-16(386)-H shall be used only for the purposes existing on the day of the passing of the by-law.

(q) The holding symbol 'H' on the lands designated as RM2-16( )-H shall only be removed when the following conditions have been met:

(i) An air quality study and a noise impact study have been prepared and submitted to the satisfaction of the Director of Community Planning West District, that demonstrates that air quality and noise impact from adjoining uses can be mitigated to acceptable Ministry of the Environment standards following the recommendations of the studies, and

(ii) written confirmation is received from the air quality consultant and the noise consultant that the recommendations of the respective studies as they relate to off-site mitigation measures have been fulfilled or other arrangement satisfactory to the Director of Community Planning, West District, have been made to provide for the completion of the off-site mitigation measures.

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

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

ENACTED AND PASSED this day of January, A.D. 2000.

Mayor City Clerk

SCHEDULE A

To By-law No. and to Section 6,

Subsection ( ) of Zoning By-law No. 1-83

TO FOLLOW

SCHEDULE B

To By-law No. and to Section 16,

Subsection ( ) of Zoning By-law No. 1-83

TO FOLLOW

SCHEDULE C

To By-law No. and to Section 16,

Subsection ( ) of Zoning By-law No. 1-83

TO FOLLOW

The York Community Council also submits the following communication (January 24, 2000) from Mr. Kent I. Taylor, Planning and Development Review Coordinator, CN Rail:

We have reviewed your letter dated December 24, 1999 regarding the above noted application and have the following comments:

1. The applicant/owner shall install and maintain at his own expense, a chain link fence of munimum 1.83 metre height along the mutual property line.

2. 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.

We request receiving notice of the Amendment being approved.

Should you have any further questions, please do not hesitate to contact me directly at (416) 217-6721 or through email at taylor16@cn.ca.

The York Community Council also submits the following communication (January 31, 2000) from Mr. Mark Delorenzo, Ryding Auto Body Ltd., 961 Roselawn Avenue:

I have reviewed only the portions of the consultant reports of J.E. Coulter Associates Limited and Church & Trought Inc. that were supplied to me. Please find the enclosed estimates for the installation of two prep stations with air make-up systems by Spraybake and Auto Equipment Source, which would alleviate some of the consultant's concerns. Neither of these quotations include an extension of the current exhaust stack.

As you can see just the new prep stations will be a significant investment, (two prep stations will cost either stations $133,455.75 or $150,805.00, please see the estimates) which Ryding Auto Body Ltd. Cannot reasonably bear. Any modifications required to the workplace, which are necessary due to the proposed development, should be at the cost of the developer.

I have began discussions with an independent consultant and preliminary analysis reveals that the existing reports do not deal with specifics of actual Ryding Auto Body workplace emissions and the various limits published by the Ministry of the Environment. Further study is needed of the different chemicals used in the paints and emitted from our auto body repair work and how they affect nearby air quality as there are many alternatives which can be implemented in order to allow the residential development to peacefully co-exist. It also appears that at a minimum, the setback of any residential development should be 5m to 7.5m, but preferably at least 10m, and not the 4m suggested by the Coulter report.

A suitable bond should also be required by the developer in order to satisfy any future complaints due to the close proximity of the proposed development to the existing workplace, even though when taking title to the property any complainant would have acknowledged and specifically accepted Ryding Auto Body Ltd. as a neighbour (as I believe the City has proposed each purchaser will sign such an acknowledgement.)

My current discussions with an environmental engineer indicate that a preliminary report would be available within a week, but a complete report would likely take at least two weeks to finalize. Please let me know whether the City is planning on having an independent environmental consultant/engineer prepare a report, or if one has already been completed, as I would prefer to avoid the cost of having an extra report prepared, if it is not required.

(The abovementioned cost estimates are on file in the Clerk's Division, York Civic Centre.)

The York Community Council also had before it during consideration of this matter a communication (February 1, 2000) from Mr. Angelo Aretusi, 139 Locksley Avenue:

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

- Mr. Murray Goldman, President, Westside Developments Ltd. - expressed support for the proposal.

- Mr. Angelo Aretusi, 139 Locksley Avenue - in opposition to the proposal and submitted a communication in regard thereto.

- Mr. Allen DiMenna, 129 Locksley Avenue - expressed concern regarding the possibility of massage parlours and home occupations in the proposed development.

Respectfully submitted,

COUNCILLOR R. DAVIS

Chair

Toronto, February 1, 2000

Glenda Jagai

(416) 394-2516