Draft By-laws - Official Plan Amendment and Rezoning

- 34 Noble Street (High Park)

The Toronto Community Council recommends that:

(1)subject to receipt of a signed Undertaking under Section 41 of the Planning Act, that the Draft By-laws attached to the report (March 29, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto; and

(2)the report (February 8, 1999) from the Commissioner of Urban Planning and 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 April 28, 1999, and Ms. M. Wild addressed the Toronto Community Council.

The Toronto Community Council submits the following report (March 29, 1999) from the City Solicitor:

Purpose:

This report provides the necessary Official Plan and Zoning By-law amendments to permit the use of an existing 3-storey non-residential building located at 34 Noble Street for 17 live/work units.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-laws has no direct financial implications for the City. It requires no funding.

Recommendations:

It is recommended that:

(1)the Toronto Community Council hold a public meeting in respect of the Draft By-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)subject to receipt of a signed Undertaking under Section 41 of the Planning Act, that the Draft By-laws attached to the report (March 29, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto.

Council Reference/Background/History:

Toronto Community Council will have before it the final report of the Commissioner of Urban Planning and Development Services (February 8, 1999) at its meeting to be held on April 28, 1999 concerning the above noted subject. The Commissioner's report recommended, inter alia, that Draft By-laws be prepared by the City Solicitor to authorize the proposed conversion of the non-residential building located at 34 Noble Street to live/work units. The owner of the site is required to enter into an Undertaking under Section 41 of the Planning Act prior to the by-laws being passed by Council.

Comments and/or Discussion and/or Justification:

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

Contact Name:

Robert Balfour, Solicitor

Telephone:392-7225

Fax:392-0024

E-mail:rbalfour@toronto.ca

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DRAFT BY-LAW (1)

Authority:Toronto Community Council Report No. , Clause No. ,

as adopted by City of Toronto Council on

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1999

To adopt an amendment to the Official Plan for the former City of Toronto

respecting lands known as No. 34 Noble Street.

The Council of the City of Toronto HEREBY 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 former City of Toronto.

2.This is Official Plan Amendment No. 144.

ENACTED AND PASSED this _____ day of ______________, A.D. 1999.

MayorCity Clerk

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SCHEDULE "A"

1.Section 18 of the Official Plan for the former City of Toronto is amended by adding a new Section 18.492 and Map 18.492 as follows:

"18.492Lands known as No. 34 Noble Street

Despite any of the provisions of this Plan, Council may pass By-laws applicable to the lands shown on Map18.492 to permit the use of the building existing in the year 1998 for not more than 17 live-work units.

For the purposes of this amendment:

(i)the term "live-work unit" shall mean a dwelling unit that is also used for work purposes provided only the resident or residents of such accommodation work in the dwelling unit and provided that the work component is restricted to the uses or classifications of office, custom workshop or studio; and

(ii)the terms shown in italics shall have the same meaning as those terms have for the purposes 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."

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DRAFT BY-LAW (2)

Authority:Toronto Community Council Report No. , Clause No. ,

as adopted by City of Toronto Council on

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1999

To amend the General Zoning By-law No.438-86 for the former City of Toronto

with respect to lands known as No. 34 Noble Street.

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

1.None of the provisions of Sections4(4)(b) 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 building existing on the lot in the year 1998 for not more than 17 live-work units provided:

(1)the lot consists of at least the lands shown outlined by the heavy lines on the attached Plan 1;

(2)not fewer than 2 leased parking spaces are provided and maintained within 300 metres of the lot for the use of residents of the building; and

(3)a garbage storage area at least 9 square metres in area is provided for the storage of refuse generated by the residents of the building.

2.For the purposes of this By-law:

(i)"live-work unit" shall mean a dwelling unit that is also used for work purposes provided only the resident or residents of such accommodation work in the dwelling unit and provided that the work component is restricted to the uses or classifications of office, custom workshop or studio; and

(ii)each other word or expression which is italicized herein shall have the same meaning as such word or expression as defined in the aforesaid By-law No.438-86.

ENACTED AND PASSED this ___ day of _______________, A.D. 1999.

MayorCity Clerk

The Toronto Community Council also submits the following report (February 8, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To recommend the approval of by-laws to permit 17 live/work units in an existing three storey non-residential building located at 34 Noble Street near Queen Street West and Dufferin Street. Issues of use and parking have now been resolved.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

(1)The Official Plan be amended to add a new Section 18 provision substantially as set out below:

"18.__ Notwithstanding any other provision of this Plan, Council may pass by-laws respecting the lands known in the year 1998 as 34 Noble Street as shown on Map 1, to permit the use of the existing building for not more than seventeen live/work units."

(2)The Zoning By-law, By-law 438-86, as amended be amended so as to:

(a)exempt the site from Sections 4(4)(b) (number of required parking spaces) and 9(1)(f) (use);

(b)permit the use of the existing non-residential building for not more than 17 live/work units provided that:

(i)for purposes of this by-law, a 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 and provided that the work component is restricted to the uses or classifications of office, custom workshops, studios";

(ii)a minimum of two leased parking spaces are provided and maintained within 300 metres of the site for use of residents of the project;

(iii)a rodent proof garbage storage area at least 9 metres square in total area for the storage of refuse generated by this project between collections is provided.

(3)That the owner enter into an undertaking under Section 41 of the Planning Act prior to the introduction of a Bill in Council.

(4)That the owner be required to:

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

(i)If any agreements are required to be entered into, a Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands under the application and rights-of -way appurtenant thereto; and

(ii)a separate application in respect of any proposed encroachment within the Noble Street road allowance;

(b)submit to and have approved by the Commissioner of Works and Emergency Services, a Noise Impact Statement in accordance with Council's requirements prior to the introduction of a Bill in Council;

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

(d)provide, maintain and operate the noise impact measures, facilities and strategies stipulated in the Noise Impact Statement approved by the Commissioner of Works and Emergency Services;

(e)provide space within the development for the construction of transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in conjunction with the development; and

(f)submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the soils remaining on-site meet the Ministry of Environment criteria for residential use, prior to the issuance of any permits.

(5)That the owner be advised of :

(a)The need to receive the approval of the Commissioner of Works and Emergency Services for any landscaping to be carried out within the street allowance;

(b)the comments of the Commissioner of Urban Planning and Development Services with respect to the applicability of the Ontario Building Code to this building; and

(c)the need to convey land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

Background:

1.0Proposal

To permit an existing three storey building, originally constructed as an industrial building, to be used for 17 live/work units with no on-site parking spaces.

2.0Site and Surrounding Area

This 542.49 square metre site, containing a three storey non-residential building, is located on the north side of Noble Street, near the corner of Strickland Avenue. It is located in an area that includes light industrial uses, houses and other industrial buildings converted to live/work units. To the east are two buildings at 24 and 26 Noble Street that have been recently approved and renovated for 79 and 12 live/work units, respectively. To the west are similar projects at 27 Brock Avenue, which was recently approved for 22 live/work units, and 46 Noble Street, a proposed conversion to live/work units. Immediately to the south are light industrial buildings, houses and some retail uses and to the north is a low density residence area.

3.0Consultation Process

On September 15, 1997, a Planning Advisory Committee meeting was held in the neighbourhood. No residents were in attendance. Since then, the applicant has been attempting to resolve issues related to off-site parking.

Comments:

1.Current Planning Controls

The Official Plan designation of this site is Mixed Industrial-Residential Area which permits residential uses at up to two times density, through the rezoning process. At 3.36 times the area of the lot, this project exceeds that residential density permission. An Official Plan Amendment is, therefore, required.

The site is zoned I1D2 which permits light industrial uses. The live/work use is not permitted as-of-right and a rezoning is required. In addition, the Zoning By-law must be amended to reduce the number of required parking spaces from seventeen to the two proposed and to allow these spaces to be provided and maintained within 300 metres of the site, rather than on the site itself.

2.0Planning Considerations

2.1Density

The density of the project exceeds the limit of the Official Plan and the Zoning By-law. However, it occupies an existing building which is compatible with the form and scale of other buildings in the area. No new floor area is being created as a result of the conversion.

2.2Uses

Section 9.41 of the Official Plan states that:

"Prior to the passing of by-laws to permit a change in use, residential to industrial or industrial to residential in Mixed Industrial-Residential Areas, Council shall have regard for:

(a)the advisability of retaining existing industrial buildings or uses in terms of retention of industrial buildings in good structural condition or which may have architectural or historical merit;

(b)the extent to which the change in use would adversely affect the continued compatibility of neighbouring uses, particularly in those areas where identifiable pockets of a consistent use, industrial or residential, exist."

In the case of 34 Noble Street, the original industrial building is sound and has been retained and renovated and will continue to be used for work purposes in conjunction with residential uses. The use is compatible with the surrounding neighbourhood which contains a mix of both industrial and residential uses, many of which are also live/work units.

2.3Soil Condition

In the Preliminary Report, I indicated that this proposal was sent to the Medical Officer of Health for comments. The applicant has since been requested to submit a report prior to the introduction of Bills in Council certifying that the soils remaining on-site meet the Ministry of Environment criteria for residential uses.

2.4Provision of Landscaped Open Space

Because the building is generally built lot-line-to-lot-line, there is little provision for landscaped open space. The Commissioner of Urban Planning and Development Services advises that a parks levy is required. Because there is no opportunity for providing park space on-site, cash payment-in-lieu will be required.

2.5Parking

Since the building generally covers the whole lot, no on-site parking is possible. At present, one boulevard parking space has been approved for the Noble Street frontage and that space should continue to be used for parking.

The Zoning By-law would normally require one parking space per unit, for a total of 17 spaces. The applicant indicates that he has secured two off-site leased parking spaces. In light of the site constraints, the Commissioner of Works and Emergency Services has accepted the provision of these two parking spaces.

Contact Name:

Helen Coombs

Telephone: (416) 392-7613

Fax: (416) 392-1330

E-Mail: hcoombs@toronto.ca

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Application Data Sheet

Confirmed Municipal Address:34 Noble Street

Planning Controls (For verification refer to Chief Building Official)

Official Plan Designation:	MIR A	Site Specific Provision:	No
Zoning District:	I1 D2	Historical Status:	No
Height Limit (m):	14.0	Site Plan Control:	Yes

Project Information

Site Area:	542.5 m2		Height:	Storeys:		3
Frontage:				Metres:		13.40
Depth:
				Indoor		Outdoor
Ground Floor:	471.5 m2		Parking Spaces:
Residential GFA:	1821.4 m2		Loading Docks:
Non-Residential GFA:			(number, type)
Total GFA:	1821.4 m2

Dwelling Units					Floor Area Breakdown
Tenure:	Private				Land Use	Above Grade	Below Grade
Total Units:	17				Live-work	1821.4 m2

Proposed Density
Residential Density: 3.36	Non-Residential Density:	Total Density: 3.36

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Appendix A - Comments of Civic Officials

1.Economic Development, Culture and Tourism (October 9, 1998)

This will acknowledge the revised plans pertaining to the above noted development application which were circulated to Forestry Services on September 15, 1998. I have reviewed the circulated plans and advise that:

If sufficient space exists, the applicant should provide large growing shade trees to be planted within the City road allowance as part of this application. A detailed landscape plan must be provided which indicates the exact location of all existing City owned trees and any proposed trees to be planted within the City road allowance including details with respect to proposed tree species, caliper and quantity. A planting plan should provide the best possible, natural, planting environment for trees. It is preferred that trees be planted in turf when possible. If no room exists for turf boulevards with trees, raised planting beds or continuous tree pits should be considered. Trees indicated for planting on the City road allowance must be planted in accordance with the Tree Details Section of the City of Toronto Streetscape Manual as per the details noted below. Please note that the applicant must conduct an investigation of underground utilities prior to proposing tree planting within the City road allowance. If planting is not possible due to a utility conflict, a utility locate information sheet from the respective utility company should be provided to the City.

Street Trees in Turf:In accordance with Planting Detail No. 101 for Balled and Burlapped Trees in Turf Areas, dated March, 1997.

Street Trees in Raised Planters:In accordance with Planting Detail No. 102 for Raised Tree Planter - Concept, dated March, 1997.

Street Trees in Tree Pits:In accordance with Planting Detail No.'s 103, 103-1, 103-2, & 103-3 for 1.2 m x 2.4 m Tree Pit, dated March, 1997. Tree pits must be constructed in accordance with the Continuous Tree Pit details outlined in the Construction Details Section of the City of Toronto Streetscape Manual as Drawing No.'s RE-1833M-1, -2, -3, -4, -5, and -6, 1 of 2 & 2 of 2.

According to the plans filed, it appears that the tree(s) on private property which qualify for protection under City of Toronto Municipal Code, Chapter 331, Trees, Article III, will not be affected by the development. The applicant must undertake tree protection measures in order to ensure that the health of the subject tree(s) is not compromised as a result of construction activities associated with this development. The applicant must retain a Certified/Registered Consulting Arborist or Registered Professional Forester if they are unsure of appropriate tree protection measures.

I advise that the Basement Plan prepared by Climans Green Liang Architects Inc., date stamped as received on August 25, 1998 by Urban Planning & Development Services and on file with the Commissioner of Urban Planning & Development Services is acceptable provided that the condition(s) noted above is fulfilled.

2.Medical Officer of Health (February 4, 1999)

Further to my letter of June 12, 1998, the applicant has provided for review a "Detailed Site History for 34 Noble Street Toronto, Ontario", prepared by Hatch Associates Limited (Project 22039.001, November 24, 1998). I have reviewed this information and provide the following comments.

The consultant has provided additional information filling in the gaps identified in the previous historical information, that was provided in the phase 1 environmental report of November 1997. The consultant referred to Fire Insurance Maps and City Directories for this information. Past occupants of the site include:

-Kraft-Phenix Cheese Co. Ltd. (1935-1938)

-Truck & Tractor Equipment Co. Ltd. (1939-1947)

-Imperial Spring & Mattress Mfg. Co. (1947-1954)

-Davis L. Textiles (1955-1960)

-Perfect Chrome Furniture Co. Ltd. (1960-1988)

-Rental Apartments (1988-present)

The furniture company assembled kitchen sets by applying upholstery and laminating table tops with glue. No chrome plating activities took place on the subject site. The consultant advises that no truck or tractor repair, or maintenance was conducted on the site. According to the consultant, the mattress manufacturing company and the textile company are considered to be environmentally low risk activities. I would note that no specific information has been provided with respect to the activities conducted by the textile company. During a telephone conversation on January 21, 1999, the consultant advised that they have been unable to determine the nature of the on-site activities associated with the former textile plant. The consultant has indicated that there is no record of the use, or storage of hazardous materials on the site and no evidence of site activities which would cause concern.

It is my understanding, based on a December 9, 1998, telephone conversation with Pav Penna (the consultant), that all building renovations have been completed and no excavation activities will be conducted on this site. Based on the specific information available to Environmental Health Services, the conclusions presented by the consultant are reasonable, therefore, the previous request for a soil and groundwater management plan and a dust control plan are rescinded. However, since this is a conversion from industrial to residential use, the Medical Officer of Health requests that a verification report be provided that confirms the soils within the building footprint are suitable for residential use.

Recommendations:

1.That the owner shall submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the soils remaining on-site meet the Ministry of Environment criteria for residential use, prior to the issuance of any permits.

Please inform the applicant with respect to this matter. If you have any questions please call me at 392-7685.

3.(June 12, 1998)

Further to my letter of July 15, 1997, the applicant has provided for review a "Phase I Environmental Site Assessment of 34 Noble Street", prepared by Hatch Associates Limited (Project 21959.001, November, 1997). I have reviewed this information and provide the following comments.

Site History:

The consultant has provided limited information on this site from 1944 to 1989. Following 1989 the site has been used for residential purposes. The site history provided, consists of a listing of previous owners, based on title search records and discussions with the owner's representative. It would seem that no other sources were researched for background information. The title search provided the names of owner/occupants, but no information is provided with respect to the site activities for the years 1944-1947 and 1954-1989. Furthermore, no mention is made of the Truck & Tractor Equipment Co., (Siccode 32) that our records indicate was located on this site in 1939.

I would note that there are several sources available for researching past land uses, specifically, as a minimum, Goads Fire Insurance Plans, the Map Office of the Metropolitan Toronto Reference Library, the Cartographic Section of Archives of Ontario, Canadian Trade Indexes, Ministry of Natural Resources Aerial Photographs and Might's Directories. Information is also available from various government agencies. It seems that none of the above were contacted in preparing the historical information for this site.

The consultant has indicated that there is no record nor evidence of the use, or storage of hazardous materials on the site and no evidence of site activities which would cause concern. To support this statement, references are made to the mattress manufacturing that took place from 1947 to 1954.

No references are made to the textiles company that occupied this site from 1954 to 1960. Textile plants have been identified with the use of solvents, xylene, ketones, mercury, benzene etc. in their operations.

It is my opinion that the information provided is incomplete. Therefore the conclusions presented are premature and further research is required. Based on the information available to Environmental Health Services, a Phase II study should be conducted taking into consideration the past activities that have been identified on this site.

Recommendations:

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

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

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

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

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

Please inform the applicant with respect to this matter. If you have any questions please call me at 392-7685.

4.Works and Emergency Services (October 7, 1998)

Recommendations:

1.That the owner be required to:

(a)Provide and maintain a minimum of 2 leased parking spaces within 300 m of the site for use of residents of the project;

(b)Provide and maintain a rodent proof garbage storage area at least 9 mē in total area for the storage of refuse generated by this project between collections;

(c)If any agreements are required to be entered into, submit a Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands under application and any rights-of-way appurtenant thereto;

(d)Submit a separate application to the Commissioner of Works and Emergency Services in respect of any proposed encroachments within the Noble Street road allowance;

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

(f)Provide, maintain and operate the noise impact facilities and strategies stipulated in the report approved by the Commissioner of Works and Emergency Services.

Comments:

Location

North side of Noble Street, west of Strickland Avenue.

Proposal

To legalize the use of the existing 17 unit non-residential building for use as 17 live-work units.

The proposal was dealt with in the Departmental report dated December 4, 1997. The above consolidated recommendations supercede the recommendations contained in the previous report, including the recommendation requiring the submission of revised plans, which has been satisfied.

Parking

Given that the existing building occupies virtually all of the site, there is no on-site parking proposed to serve this project. Departmental records show that 2 boulevard parking spaces are available by permit to occupants of the building, but only 1 of these spaces has been leased recently. No on-street parking permits have been issued to residents of the building. The typical estimated parking demand for a project of this nature would be for 5 spaces for occupants, whereas the Zoning By-law requirement, as far as can be ascertained, is for 17 spaces. In this regard, the owners agent has submitted a letter indicating that according to their records, 4 of the current residents own cars. The owner's agent further advises that one of the tenants parks in one of the boulevard spaces in front of the project, one leases a parking space at the north west corner of Queen Street West and Noble Street and 2 park at other unknown locations. The owner has recently leased 2 spaces at the north west corner of Queen Street West and Noble Street for use of residents. Given site constraints, the availability of commercial boulevard spaces adjacent to the site, combined with the relative difficulty in obtaining leased parking in the vicinity of the site, the proposed provision of 2 leased parking spaces to serve this project is acceptable in this instance.

Refuse Handling, Storage and Disposal

The City will continue to provide the project with regular curbside refuse collection service in accordance with the provisions of the Municipal Code, Chapter 309, Solid Waste.

It will be necessary for the owner to provide a storage room or other rodent proof space on private property at least 9mē in total size for the storage of garbage and recyclable materials generated by the building occupants between collections. The refuse storage facilities illustrated on the plans is acceptable for this purpose.

Any manufacturer's or trade waste and hazardous waste must be stored separately and safely and be collected by a private refuse collection firm licensed to handle these materials.

Noise Impact Statement

The Noise Impact Statement for the renovated building was approved by this Department on June 3, 1998. The recommendations above ensure that the project will be constructed and maintained in accordance with the approved Noise Impact Statement.

Proposed Canopy Encroachment

The plans show a proposed canopy within the Noble Street road allowance. It will be necessary for the owner to submit a separate application to this Department in respect of this canopy.

5.Urban Planning and Development Services (February 3, 1999)

Zoning Review

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

1.	The by-law requires a minimum of 17 parking spaces be provided on the subject lot. The number of proposed parking spaces is 0. (Section 4(4)(b))
2.	The proposed use, live-work units, is not permitted. (Section 9(1)(f))

Other Applicable Legislation and Required Approvals

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The Toronto Community Council reports, for the information of Council, having also had before it the following communications, in opposition to the application, and a copy thereof is on file in the office of the City Clerk:

-(April 19, 1999) Mireno Wild; Acvest Investment Ltd., and Arthur Wild;

-(April 19, 1999) Petition signed by 6 area residents; and

-(April 19, 1999) Petition with 17 additional signatures in opposition.

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