The Toronto Community Council recommends that:

(2) the report (January 23, 1998) from the Commissioner, Urban Development Services be adopted.

The Toronto Community Council 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 February 19, 1998 and Mr. Adam Brown, Toronto, Ontario, addressed the Toronto Community Council.

This Report provides the necessary draft by-law amendments to permit the conversion of a three storey industrial building to 37 units and the construction of 4 townhouses, all for live-work purposes at 1101 Dupont Street.

The enactment of the Draft By-laws has no financial implications or impact for the Corporation. It requires no funding.

(1) That the Toronto Community Council hold a public meeting in respect of the Draft By-laws in accordance with the provisions of the Planning Act.

Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-laws, it could recommend:

(2) That the Draft By-laws attached to the Report (February 4, 1998) of the Solicitor be approved and that authority be granted to introduce the necessary Bills in Council to give effect thereto.

Background:

The Toronto Community Council will have before it the Report of Urban Development Services (January 23, 1998) concerning the above-noted subject. This Report recommends the amendment of the Official Plan for the former City of Toronto, together with an accompanying Zoning By-law Amendment which will permit the conversion of the existing industrial building to live-work units and the construction of 4 new townhouses on the subject site.

This Report contains the necessary Draft By-laws, which, if enacted, will give effect to the Planning Report.

Contact Name:

Robert Balfour, Solicitor

Telephone: (416) 392-7225

Fax: (416) 392-0024

DRAFT BY-LAW (1)

No. A BY-LAW

(Passed , 1998.)

WHEREAS Council, at its meeting held on the day of , 1998, adopted Clause of Toronto Community Council Report No. ;

THEREFORE the Council of the City of Toronto enacts as follows:

1. The text and map annexed hereto as Schedule "A" are hereby adopted as an amendment to the Official Plan for the City of Toronto.

2. This is Official Plan Amendment No. 119.

SCHEDULE "A"

Section 18 of the Official Plan for the City of Toronto is amended by adding a new Section 18.426 as follows:

DRAFT BY-LAW (2)

No. A BY-LAW

(Passed , 1998.)

WHEREAS Council, at its meeting held on the day of , 1998, adopted Clause of Toronto Community Council Report No. ;

THEREFORE the Council of the City of Toronto enacts as follows:

1. None of the provisions of Section 2(1) with respect to the definition of "lot" and Sections 4(12) and 9(1)(f) of By-law No. 438-86, 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, shall apply to prevent the use of the existing building located on the lot and municipally known in the year 1997 as 1101 Dupont Street for not more than 37 live-work units and the erection and use of 4 row houses on the lot for the purpose of live-work units provided:

(1) the lot consists of at least the lands shown within the heavy lines on the attached Map 1;

(2) the residential gross floor area of all buildings and structures located on the lot does not exceed 6 300 square metres;

(3) any lighting to illuminate the lot is designed to divert light away from adjacent premises;

(4) not less than 25 bicycle parking spaces - occupant and not less than 6 bicycle parking spaces - visitor are provided and maintained on the lot;

(5) a fence of opaque construction having a height above grade of between 1.68 and 2 metres is erected and maintained along the westerly limit of the lot;

2. For the purposes of this By-law:

Purpose:

This report recommends amendments to the Part II Official Plan and Zoning By-law, to permit the residential conversion of a 3-storey industrial building and the construction of four townhouses, all for live-work purposes, at this site near Dupont and Dufferin Streets

Funding Sources; Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that:

(1) The Official Plan for the area known as the City of Toronto prior to January 1, 1998 be amended by adding to Section 18 a clause permitting the use of the lands at 1101 Dupont Street, shown on Map 1, for the purpose of 37 units in the existing building and the construction of four new townhouses, all for live-work purposes, despite the provisions of Section 19.20(5.2)(i).

(2) Zoning By-law 438-86, as amended, be further amended as it affects the lands at 1101 Dupont Street, shown on Map 1, to permit, despite the provisions of Sections 4(12) and 9(1)(f), the use of the existing building for not more than 37 live-work units and the erection and maintenance of four townhouses for the purpose of live-work units provided that:

(3) The owner enter into an Undertaking under Section 41 of the Planning Act prior to the issuance of building permits.

(4) The owner be required to:

(5) The owner be advised:

Council Reference/Background/History:

(1) Site and Surrounding Area

This .34 ha. (.85 acre) site is located at the south-west corner of Dupont Street and Bartlett Avenue in the Dovercourt Park neighbourhood. It contains an attractive 3-storey brick building that houses several small woodworking companies, with a one-storey annex building adjacent to Bartlett Street. The lands to the east and west of the site, on Bartlett and Gladstone Avenues, are occupied by low-rise semi-detached dwellings. Immediately to the south of the site is the teacher=s parking lot for Dovercourt Public school. On the north side of Dupont Street opposite the site are motor vehicle repair shops, a U-haul depot and a former union complex that is being converted to a Portuguese community centre.

(2) Proposal

The applicants are proposing to convert the existing 3-storey industrial building to 37 live-work condominium units, and to replace the dilapidated one-storey addition adjacent to Bartlett Avenue with four 3-storey townhouse units. There are 38 surface parking spaces, accessible only from Dupont Street, to serve the live-work units in the converted building, and one parking space for each of the four townhouses, two of which are accessed from Dupont Street and two of which have driveways leading to Bartlett Avenue. The development proposal includes 100 square metres of common indoor amenity space, in a large basement common room, 137 square metres of common outdoor amenity space, predominantly in the form of a garden court, and most units have private outdoor recreation space in the form of a roof deck or a small garden court. The main pedestrian entry to the converted main building, as well as to the new townhouses, is from Bartlett Avenue.

(3) Background

Issues identified in the Preliminary Report, including environmental remediation, retention of the building in industrial use, and compatibility with adjacent residential areas, have been addressed.

On September 4, 1997 a public meeting was held at the Wallace-Emerson Community Centre to discuss the proposal. Approximately 30 persons were in attendance, who were generally supportive of the development proposal. Among specific concerns raised by community members were: screening the rear yards of the Gladstone Avenue residences from the proposed parking lot; the adequacy of the 42 parking spaces proposed; and, the arrangements for garbage pick-up. Several residents from the east side of Bartlett Street opposite the proposal wanted to see the existing building demolished and replaced by detached and semi-detached dwellings.

Comments/Discussion/Justification:

(1) Current Planning Regulations

(a) Official Plan

The site is designated as a Mixed Industrial-Residential Area in both the Part I Official Plan and Section 19.20 of the Dovercourt Park Part II Plan. Section 9.40 of the Part I Official Plan permits residential buildings in these areas to have a gross floor area of up to 2 times, which would permit the proposed development. However, the Part II Plan reduces the permitted density for residential buildings to 1 times. The proposed total density of 1.8 times requires an amendment to the Part II Plan.

Section 19.20.5 states that any new residential buildings and uses should front only onto streets extending south from Dupont Street and that Council will ensure mutual compatibility between uses in the Mixed Industrial-Residential Area and the adjacent Low Density Residence Area. Section 9.41 of the Part I Plan and 19.20.5.3 of the Part II Plan require Council, when considering a change in use from industrial to residential, to have regard for the advisability of retaining existing industrial buildings or uses in terms of retention of industrial jobs and the retention of industrial buildings in good structural condition or which may have architectural or historical merit. The consistency of the current residential proposal with these Official Plan policies will be reviewed in the discussion of planning considerations in a further section of this report.

(b) Zoning By-law

The subject property is zoned I1D2 with a maximum height limit of 18 metres. A building containing live-work uses is not permitted in this light industrial zone district and a zoning by-law amendment is, therefore, required. The proposed development would have a density of 1.8 times which is below the density limit of 2 times in the Zoning By-law. The converted 3-storey building would have a height of 14.3 metres to the top of the roof, and the townhouses would have a height of 8 metres to the top of the roof, both of which are considerably below the maximum by-law height limit of 18 metres.

The by-law also requires that at least 40 square metres of outdoor residential amenity space be provided adjacent to, or directly accessible from, the indoor residential amenity space. The proposal includes 136 square metres of outdoor amenity space, predominantly in the form of a grade-level garden courtyard. The 100 square metre indoor recreation room at the lower lobby level is not directly adjacent to the outdoor courtyard, but is nearby and indirectly accessible by a set of stairs or an elevator.

(2) Environmental Remediation

This building has been used for furniture manufacturing for 100 years. A Phase II environmental remediation report has been submitted by the applicant outlining all of the necessary aspects of building clean-up and soil clean-up and disposal necessary to meet provincial standards for residential use. The Medical Officer of Health has reviewed and concurred with the applicant=s environmental reports, and has added several further conditions in a letter dated January 8^th, 1998. The Medical Officer of Health has requested that a minimum of 2 soil samples be taken from within the building footprint and submitted for analysis and that a verification sampling program be instituted once soils containing elevated contaminant levels have been removed. The Medical Officer of Health has asked that an above grade construction permit be granted only upon his receipt of soil sample results verifying that the site has been remediated and complies with provincial residential land use criteria.

(3) The Need to Retain Existing Industrial Buildings and Industrial Jobs

Several small-scale woodworking companies with a total of 24 employees currently, occupy the building, and will be relocating elsewhere in the G.T.A.. As there are 4 live-work units proposed in the new development, it is possible that the number of persons working in the building may actually increase as a result of the conversion.

There is currently a stock of vacant industrially-zoned properties and/or buildings for sale or lease in the Wallace-Emerson, Dovercourt Park and Junction Triangle neighbourhoods of west-end Toronto. To date, market interest in these properties has been for conversion to residential or institutional, not industrial, use. The conversion of this industrial building to live-work units would not create a shortage of available industrial space in the west end of Toronto.

The existing building is in good structural condition and is a handsome building with considerable architectural merit. The retention of this building for another more marketable use provides a sense of physical and architectural continuity in this community.

(4) Compatibility with Adjacent Low Density Residence Areas

The main entrance to the 3-storey building will front onto Bartlett Avenue south of Dupont, in accordance with the Part II Plan policies.

I consider the proposal to be compatible with the adjacent Low Density Residence Areas to the south, east and west in terms of use, height, massing, servicing and parking arrangements, and public safety concerns. The proposed residential use is consistent with residential areas to the east, west and south and the public schools to the immediate south. The new residential uses will provide eyes on the street that could create a greater sense of public safety on Bartlett Avenue, Dupont Street, and the school parking lot to the south. The area is well-served in terms of community services, and the addition of 41 live-work units would not overburden the existing facilities. There is a major park and two public schools to the south on Bartlett Avenue, the Galleria Shopping Centre two blocks to the east, and the Wallace Emerson Community Centre within 3 blocks. There is excess capacity in local Separate Schools according to the Metropolitan Separate School Board.

The existing 3-storey building is less than 15 metres in height, a good scale for a wider arterial road such as Dupont Street, and well below the 18 metre height limit. The four 3-storey townhouses to be constructed on the west side of Bartlett Street are sympathetic in scale to the low scale residences on the east side of Bartlett Avenue.

The entrance and exit for all servicing and parking is from Dupont Street, with the exception of two of the townhouses having parking garage access from Bartlett Avenue. The limiting of vehicular access to Dupont Street should ensure that the development will have little traffic impact on the residential streets south of Dupont Street. An opaque fence will be provided along the westerly property line to ensure that the headlights of parking vehicles do not shine into the rear yards of residences on the east side of Gladstone Avenue, and lighting in the parking area will be designed to divert illumination away from adjacent properties.

At the public meeting, several area residents questioned whether the provision of 42 parking spaces was sufficient for a 41-unit development. The 42 parking spaces meet the zoning by-law requirements, and should be sufficient given that many households in the City of Toronto do not own a car. The Commissioner of City Works Services has estimated that the parking demand generated by this project would be 32 spaces, 28 spaces for residents and 4 visitor parking spaces. The applicant has also undertaken to provide 25 enclosed bicycle parking spaces for residents and 6 secure bicycle parking spaces for residents. The site is well-served by frequent bus service along both Dupont and Dufferin Streets.

At the public meeting, some area residents were concerned about potential garbage pickup for this development taking place on Bartlett Avenue. In response, the applicant and civic staff have agreed that the owners must provide and maintain private refuse collection for the 37 units in the main building. The Commissioner of City Works Services noted that garbage must not be stored within the Bartlett Avenue road allowance. Garbage must be stored within an enclosed garbage room, with the private hauler having access to the room to remove garbage and recyclable material. The City will provide regular curbside pickup for the four townhouses fronting onto Bartlett Avenue.

(5) Defining Live-Work Uses

In the City Zoning By-law the term >live-work unit@ is defined as a dwelling unit that is also used for work purposes, provided only the resident or residents of such accommodation work in the dwelling unit. Under this definition, residents of the live-work units would be able to have industrial or other uses in their unit that might create noise, odours or other impacts on adjacent units, or create a visitor parking demand that could not be accommodated. The vast majority of home occupation uses entail home offices, custom workshops, arts studios or grooming establishments, or dressmakers/tailors which do not generally have an impact on adjacent live-work units. I am recommending that the live-work units permitted in the proposed development be limited to these uses. Retail uses are not generally viable in a limited access building with no public entrance from the street. However, there are 3 proposed units that would have a direct entrance at-grade from Dupont Street, and retail use permissions are proposed to be permitted in these units.

(6) Location of the Common Amenity Spaces

The proposed site-specific zoning by-law for this site gives an exception to the requirement that at least 40 square metres of outdoor residential amenity space be adjacent or directly accessible from the indoor residential amenity space. The applicant is proposing to provide a 100 square metre common indoor recreation space for the 37 units in the existing 3-storey building, which is considerably more than the 74 square metre space required in the Zoning By-law. While the indoor recreation space is in the basement level, there is a vaulted open ceiling to the ground floor level on the westerly part of the room that will give a sense of spaciousness and a window onto Bartlett Avenue that will provide natural light.

The applicant is proposing to provide 136 square metres of outdoor common amenity space, primarily in the form of a garden courtyard at grade level. This considerably exceeds the by-law requirement to provide 74 square metres of common outdoor recreation space for the residents of the 37 units in the existing building. In addition, the applicant is proposing to create another 663 square metres of >private= personal recreation space in the form of garden courts and roof decks for the residents of a majority of the units. The provision of outdoor amenity space, both common and private, is unusually generous for a conversion development. Although the garden courtyard is not directly adjacent to the indoor residential amenity space, it is nearby and easily accessible by elevator or a staircase. The quantity and location of the outdoor common space is supportable and the necessary by-law exception is proposed in the recommendations of this report.

Conclusions:

I am recommending approval of this application for the conversion of an industrial building to 37 live-work units and the construction of 4 new townhouses at 1101 Dupont Street. The proposal is entirely compatible with the low density residence areas to the east, west and south from the standpoint of use, scale, traffic and parking, public safety, and availability of community services. There are many vacant industrially zoned sites in Ward 21 and the use of the existing building for residential uses will not significantly affect the availability of land and buildings for industrial purposes, but will provide a new use capable of supporting the conservation of an attractive building.

Contact Name:

Paul Bain

Phone: 392-7622

Fax: 392-1330

E-Mail: pbain@city.toronto.on.ca

APPLICATION DATA SHEET

PLANNING CONTROLS (For verification refer to Chief Building Official)

PROJECT INFORMATION

APPENDIX A - Comments of Civic Officials

(1) City Works Services (November 26, 1997)

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) Submit to, and have approved by, the Commissioner of City Works Services, prior to the introduction of a bill in Council, a Noise Impact Statement in accordance with City Council=s requirements;

(c) Have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of City Works Services that the development has been designed and constructed in accordance with the Noise Impact Statement approved by the Commissioner of City Works Services;

(d) Provide, maintain and operate the noise impact measures, facilities and strategies stipulated in the plan approved by the Commissioner of City Works Services;

(e) Provide and maintain a minimum of 32 parking spaces on the site to serve the project;

(f) Provide and maintain private refuse collection services for this project;

(g) Submit to the Commissioner of City Works Services dimensioned plans of the development for the purpose of preparing site specific exemption by-laws and such plans should be submitted at least 3 weeks prior to the introduction of a bill in Council;

2. That in the event the 4 townhouses fronting onto Bartlett Avenue are severed from the balance of Premises No. 1101 Dupont Street, the owner be required to obtain the necessary rights-of-way in favour of the future owners of each of the two inner townhouses over the portions of the private driveway required to access the respective parking spaces;

3. That the owner be advised:

(a) That the storm water run-off 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 City Works 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 run-off;

(b) Of the need to receive the approval of the Commissioner of City Works Services for any work to be carried out within the street allowance; and

4. That the owner be requested to file an application for an Encroachment Agreement, prior to the issuance of a building permit, for the existing encroachments on Bartlett Avenue.

South-west corner of Dupont Street and Bartlett Avenue.

Demolition of a portion of the existing industrial building and renovation and conversion of the remaining portion of the building into a residential condominium building containing 37 live/work units and construction of 4 townhouses fronting onto Bartlett Avenue.

The proposal was dealt with in a Departmental report dated August 19, 1997. The above recommendations supersede the recommendations contained in the previous report including the recommendation requiring the submission of revised plans, which has been satisfied.

The provision of 42 parking spaces including 38 surface spaces located on the west and south portions of the site and 4 spaces to serve each townhouse in integral garages satisfies the estimated parking demand generated by this project, consisting of 28 residential spaces and 4 visitor spaces and, as far as can be ascertained, the Zoning By-law requirement for 41 spaces to serve the residential units. The general parking layout and dimensions of the parking spaces, with dimensions of 2.75 m by 6.0 m are satisfactory.

Access to the parking spaces, with the exception of the northerly and southerly integral garages, is provided via a 6.0 m driveway from Dupont Street. This is acceptable. The above-noted integral garages are accessed directly from Bartlett Avenue. While this access is acceptable, you may wish to comment on the appropriateness of integral garages for this project in light of the recent study completed by your staff in this respect.

In the event that the townhouses fronting onto Bartlett Avenue are severed from the balance of the site or are freehold units, rights-of-way in favour of the owners of the 2 interior townhouses must be granted over the portions of the driveway required to access the respective parking spaces.

Residential developments of this size are typically serviced by the bulk lift method of refuse handling and disposal, which requires, among other things, the provision of a Type G loading space and sufficient manoeuvring area for trucks to safely enter and exit the site. A Type G loading space is proposed at the southwest corner of the building, however, a front end bulk lift garbage truck would be unable to access the loading space due to insufficient turning radii. Furthermore, the owner indicated in an October 14, 1997 meeting with our staffs, that he is unwilling to provide adequate facilities for garbage and recyclable material collection and, under these circumstances, the City is unable to provide any collection service to this building. As a result, there appears to be no other alternative but to have the garbage generated by the building collected by a private hauler. The owner indicated that he is willing to provide this project with private garbage collection. I note that garbage must not be stored within the Bartlett Avenue road allowance. Garbage must be stored within the garbage room with the private hauler having access to the room in order to remove garbage and recyclable material.

In the event that the owner wishes to receive City refuse collection service for the project, the owner would be required to provide a Type G loading space with adequate ingress/egress, a 20m5 garbage room with a stationary compactor, a 5m5 recycling room, a concrete pad adjacent to the front of the loading space and the construction of the loading space to the requirements of the Ontario Building Code.

With respect to the 4 townhouses fronting onto Bartlett Avenue, the City will provide regular curbside collection along Bartlett Avenue 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.

The existing water distribution and sanitary sewer systems are adequate to serve this development. 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).

Five existing light wells and a concrete stairwell encroach onto the Bartlett Avenue road allowance. These encroachments, if retained, will require the submission of a separate application to this Department.

(2) Medical Officer of Health (January 8, 1998)

Further to our letter dated August 25, 1997 our Department has received additional information in support of the above referenced application. A Phase I Environmental Site Assessment (September 22, 1997) and a Phase II Environmental Site Assessment (September 25, 1997) have been .reviewed by Environmental Health Services (EHS) staff who offer the following comments.

The subject site has been used for furniture manufacturing for the last 100 years and is currently surrounded by both residential and commercial properties. The L-shaped building occupies two thirds of the site and has a basement below the three-storey portion of the building. General groundwater flow in the area is expected to be from north to south, hence land uses to the north are critical in terms of assessing risk from contaminant migration. The 1907 fire insurance plan indicates that the main three-storey and one-storey additions to the south already existed. The plan also shows a large underground storage tank (UST) located near the southern boundary. The 1914 plan indicates more extensive occupancy of the property with lumber storage areas near the western boundary. The areas to the west were utilized for similar operations to those taking place on the site. The 1943 fire insurance plan indicated similar building configuration as seen on the 1914 plan. By 1965, two small structures near the southern boundary described as a Adust room and lacquer storage room@ are indicated on this plan, as well as 2 above ground storage tanks that existed outside the western wall of the main building. This plan also shows two auto service stations located on the north side of Dupont Street. One of the tanks was directly up gradient from the main building on the site. Occupants of the building have included Gold Medal Furniture Company in 1907, however, by the 1950's the site was used by McMurtry C.A. Furniture Ltd, Premier Upholstery Co. And Motorola TV Service Department.

Vent and fill pipes were observed outside the west wall of the one-storey building, and a small heating above ground oil tank is situated near the same wall inside the building. This Department recommends that all above and/or below grade storage tanks, their contents, associated piping and any contaminated soil resulting rom tank leakage be removed in accordance with the policies and procedures described in the Gasoline Handling Act and Fuel Oil Code, under the jurisdiction of the Ministry of Consumer and Commercial Relations. Light fixtures were present on all floors, however, inspection of the ballasts did not confirm or deny the presence of PCB=s. Given the age of the building, it is highly likely that ballasts will contain PCB=s. Since the building will be undergoing renovations, a full PCB survey must be conducted prior to and demolition/renovation activities, and that all positively identified ballasts be handled, removed, stored and/or disposed of in accordance with Ministry of Labour (MOL) and Ministry of Environment (MOEE) Guidelines.

In addition, 2 samples of plaster like material and felt-like paper were collected from the outside wall of the washroom and 2 samples of vinyl floor tile from the second floor were also collected. All results were negative for asbestos content. However, based on the age of the building, it is expected that refractory brick walls inside the steel oven=s may contain friable asbestos. Non-friable asbestos is expected to be in the oven=s gaskets. A full asbestos survey must also be conducted with appropriate destructive sampling to positively identify asbestos containing materials. They will also require removal prior to the start of any demolition/renovation activities, and handled, stored and/or disposed of in accordance with MOL and MOEE Guidelines. Other potential designated substances that were surveyed included the following:

acrylonitrile: potential not observed; arsenic: potential not observed; benzene: potential not observed; coke oven emissions: potential not observed; ethylene oxide: potential not observed; isocyanates: probability low; lead: in soldering joints, low levels observed in paint samples; mercury: potential not observed; silica: any cementitious building materials; vinyl chloride: potential not observed

In conclusion, the consultant states that historical land use on the subject site and surrounding lands warrants further investigation, and that a Phase II ESA will be required.

A total of 5 boreholes (BH1-BH5) were advanced onto the site, with 4 samples being submitted for MOEE residential land use compliance; 1 sample for MOEE Regulation 347 analysis; 1 sample for BTEX/TPH analysis; and 1 sample for PAH/heavy oils analysis. Boreholes 1 and 2 were drilled along the eastern boundary with BH1 being down gradient from the service stations. Borehole 5 was near the northwestern boundary, while BH3 and BH4 were drilled with in the backyard area, with BH3 being located in the area of the former storage tank. Borehole 3 was also equipped with a groundwater monitoring well. Natural groundwater levels occur deeper than 8.1m and the well was placed in the area where visual/olfactory inspection of the fill material suggested the presence of hydrocarbons. In general, the soils consist of a 0.2m-1.2m layer of granular fill underlain by silt, clayey silt and silty clay of lacustrine origin. The fill generally is composed of silt, sand, gravel, red brick pieces, wood and asphalt fragments. The fill in BH3 consisted of a soft, organic matter, oily black and saturated with hydrocarbon-like odours. A review of the certificates of analysis has indicated the following exceedances of the MOEE Table B residential land use criteria:

BH3-SS3: lead (281ppm); BH1-GS1: beryllium (1.8ppm); BH4-SS1: arsenic (39ppm), copper (1195ppm), lead (344ppm)

The report goes on to state that fill material of approximately 1.2m thickness at BH4 may be completely impacted, however the horizontal limits were not identified and that additional testing is required to accurately delineate the area. Preliminary estimates suggest a total volume of 930 cubic metres. The soil containing the beryllium exceedance suggests a localized condition and that additional sampling is required as well. The consultant did not discuss the lead exceedance observed in BH3, which may also represent a localized condition. It as well should be further investigated. The native material underlying the fill appeared to be visually clean, however, additional testing is required to confirm this assumption. The fill sample for PAH analysis indicated trace levels, however, there were no exceedances of the Table B criteria of 1000ppm. The consultant states that most of the organic fill material in the vicinity of BH3 is impacted with heavy oils and will require removal. Estimates on the volume of soil to be removed from the former UST location are approximately 546 cubic metres. Ontario Regulation 347 results have indicated that the soil would be classified as non-hazardous non-registerable. The report concludes by stating that since the site is scheduled for residential development, the majority of the surficial soils will require removal in order to accommodate basement construction. The fill which is impacted with heavy oils will require disposal at a sanitary landfill site and those soils which contain heavy metals can be disposed of at a commercial/industrial fill site.

Based on the information provided to this Department, I would draw your attention to the following issues that need to be addressed. First, the consultant did not retrieve any soil samples from within the building footprint to verify that these soils are in compliance with the Table B residential land use criteria. Therefore, I request that a minimum of 2 samples be taken from within the building footprint and submitted for analysis. Second, since some soils have been identified as containing elevated contaminant levels, and will require removal off site, that a verification sampling program be instituted once these soil have been removed.

Finally, the report did not provide details on measures that would be implemented during site activities to control the generation of dust. This Department will require strict adherence to the following measures that will also be incorporated as a condition or permit issuance:

Therefore, I would indicate to you that I have no objection to the issuance of a below grade permit in order to carry out the necessary remedial work. The applicant has provided written confirmation that they will adopt the recommendations stipulated in the Shaheen & Peaker Limited Phase I and II Environmental Sites Assessments dated September 22 and 25, 1997, as well as the requirements described in this letter. Approval for an above grade construction permit will be granted upon this Department receiving the soil sample results verifying that the site has been remediated and complies with the MOEE residential land use criteria. By copy of this letter I have advised the owner/applicant accordingly. If you have any questions, please do not hesitate to contact me at 392-7685.

(3) Metropolitan Separate School Board (November 19, 1997)

Further to your request for comments, please be advised that the following schools could accommodate students in the permanent facilities:

In addition, we wish to advise you that although both St. Mary and Loretto College Catholic Secondary Schools are over subscribed at this time, it is not anticipated that this proposed development will generate students at the secondary level.

If further information is required regarding this proposal, please contact the Planning and Facilities Department at 222-8282, extension 2278.

(4) Urban Development Services (December 1, 1997)

Our comments concerning this proposal are as follows:

Description: Make alterations to existing furniture factory building for 41 live-work units

Zoning Designation: I1 D2.0Map:49J 311

Applicable By-law(s): 438-86, as amended

Plans prepared by: ZONE ArchitectPlans dated:June 19, 1997 and October 20, 1997

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.

Other Applicable Legislation and Required Approvals

1101 Dupont Street

Insert Table/Map No. 2

1101 Dupont Street

Insert Table/Map No. 3

1101 Dupont Street

Insert Table/Map No. 4

1101 Dupont Street

Insert Table/Map No. 5

1101 Dupont Street