Draft Approval of Plan of Subdivision:

40 and 64 Colgate Avenue, 309 and 355 Logan Avenue

(Don River)

The Toronto Community Council recommends the adoption of the following report (April14,1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To recommend approval of the draft conditions for a proposed plan of subdivision to permit the construction of 106 semi-detached houses and townhouses at 40 Colgate Avenue, 309 and 355 Logan Avenue a 1,272 m2 public park and a proposed live/work building located at 64 Colgate Avenue.

Summary:

This report recommends approval of the draft plan of subdivision for a 24,522 m2 (2.5 hectare) site located on the north side of Colgate Avenue between Logan and Carlaw Avenues.

The applicant is proposing to construct 78 semi-detached houses and 28 townhouse units with a new street and laneway system that will allow rear yard parking for all of the proposed homes. Parking for the proposed live/work building will be located below grade in an underground garage with access for the parking from Carlaw Avenue.

The semi-detached houses situated on the east side of Logan Avenue and the mid-rise live/work building on the west side of Carlaw Avenue will be separated by a public park approximately 1300 square metres in size dedicated by the applicant and fronting on the north side of Colgate Avenue. Soil remediation measures have been achieved on the whole property.

My recommendation for approval of the draft conditions for this development is on the basis that the reuse of this land, formally used for a manufacturing plant, provides an opportunity to extend the existing residential neighbourhood with building lots and housing types that are compatible and consistent with those found in the surrounding residential community.

Issues including, neighbourhood compatibility, traffic circulation, parkland and urban design have been addressed in Section 5 of this report. Site servicing and other municipal requirements will be secured in a subdivision agreement and a section 37 agreement between the City and the developer. I will be reporting further on the rezoning and Official Plan Amendment required for this project.

Source of Funds:

N/A

Recommendations:

It is recommended that:

(1)City Council consents to the approval of the proposed draft plan of subdivision, such consent being subject to entering into a Subdivision Agreement in form and content satisfactory to the City Solicitor for the conditions listed below:

(a)That the owner receive approval for the variances identified in the UPDS Buildings comments dated April 7, 1999, prior to the plan of subdivision being registered.

(b)That the owner receive Site Plan approval under Section 41 of the Planning Act prior to a building permit being issued.

(c)That the owner be required to:

(1)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;

(2)Comply with the parking requirements of the Zoning By-law;

(3)Provide minimum road allowance width as follows:

(i)Street A: 15 m; and

(ii)Public lanes: 5 m;

(4)In connection with the new public streets/lanes and the municipal services and facilities:

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

(ii)Prepare and submit for the approval of the Commissioner of Works and Emergency Services detailed design drawings in accordance with the City's design policies and specifications for all underground and surface public works services and facilities including a site grading plan, and construct all such services and facilities in accordance with the approved drawings and specifications;

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

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

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

(vi)Construct all utilities underground;

(5)Submit suggestions for a suitable name for the new streets in accordance with the guidelines set out in Clause 4 in Executive Committee Report No. 22, adopted by the former City of Toronto Council at its meeting of July 11, 1988;

(6)Remonument the street limits and proposed lot/block corners after completion of construction if necessary;

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

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

(9)Deposit the final plan of subdivision, in the appropriate Land Registry Office, such plan to be in metric units with all lot/block corners integrated with the Ontario Co-ordinate System, such plan to provide for the strata conveyance of the southerly portion of "Lane C" to a minimum depth of 0.8 m below existing grade;

(10)In the event that after construction of the southerly portion of "Lane C" the depth of the land to be assumed as "Lane C" in conjunction with the Plan of Subdivision is less than 0.8 m below the finished grade of the lane, convey to the City, at nominal cost, for public lane purposes, the residual land located between the lands already defined as part of the subdivision as "Lane C" and a plane lying 0.8 m below the finished surface of the lane, such lands to be conveyed to the City free and clear of all encumbrances;

(11)In the event that additional lands are to be conveyed, pursuant to (10) above, provide a strata Reference Plan of Survey, indicating as a separate PART, the additional lands to be conveyed for public lane purposes;

(12)Provide a digital copy of the final plan of subdivision to the City;

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

(14)The following warning clause shall be included in the Subdivision Agreement and inserted in all Agreements and Purchase and Sale or Lease for each dwelling unit. Provisions must be included in the Subdivision Agreement to ensure that the warning clause survives the release of the owner's obligations under the Subdivision Agreement and remain on title.

"Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansions affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way."

(15)That the owner engage a consultant to undertake an analysis of noise and vibration and to recommend abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment and Canadian National Railway to the satisfaction of the Municipality, Canadian National Railway and the Ministry of the Environment.

(2)That the following broad terms and conditions respecting parks matters be secured as provisions of the Subdivision Agreement:

(a)the Preliminary Design Plan will be as shown on the Colgate landscape plan denoted as P-1 prepared by Insite Landscape Architects, date stamped March 17, 1999, and on file with the Commissioner of Planning and Urban Development Services;

(b)the final area of the Parkland will be a minimum of 1272 square metres;

(c)the conveyance of the Parkland will occur prior to issuance of the first above-grade building permit for any portion of the project subject to the Subdivision Agreement, the site will be available to the applicant for use as a construction staging area, the Park Improvements must be installed to the satisfaction of the Commissioner of Economic Development, Culture & Tourism, the owner will post a Letter of Credit equal to 120% of the value of the Park Improvements as agreed to by the Owner and the Commissioner of Economic Development, Culture & Tourism as security for the installation of the Park Improvements; and

(d)the owner has agreed to submit funds in the amount of $20,000 for the City to install playground apparatus in the park.

(3)That subject to execution of the Subdivision Agreement, and in view of the conveyance of parkland, contributions to improvements and other payments, that City Council will authorize an amendment to exempt the Owner's Lands from Toronto Municipal Code, Chapter 165, Article 1, Conveyance of Lands for Parks Purposes enacted pursuant to Section 42 of the Planning Act to exempt therefrom such development as is permitted and only to the extent permitted by the Zoning By-law Amendment. Should the owner apply for and receive permission to develop residential or commercial densities in excess of those presently permitted in the Zoning By-law Amendment, then the Owner may, respecting those increased densities and as a condition of receiving such increased densities, be required to transfer further lands for parks purposes or pay monies in lieu thereof in accordance with the City's aforementioned Municipal Code provisions enacted pursuant to Section 42 of the Planning Act which are then applicable.

(4)That the owner be advised of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the abutting road allowances.

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

(6)That the Commissioner of Urban Planning and Development Services be requested to ensure that Parks staff maintain the continuation of the "Street A@ sidewalk through the park, including winter maintenance.

(7)That the owner be advised of the need to convey the new street and lanes to the City, free and clear of all encumbrances, including rights-of-way, to the satisfaction of the City Solicitor.

(8)That in connection with the proposed strata conveyance of the southerly portion of "Lane C" the owner be required to convey to the City an easement of support rights in the lands located below the proposed lane.

(9)That the owner be advised that, in the event that the owner elects to construct the subject parking garage beneath a portion of "Lane C", on lands to be retained by the owner for this purpose, it will be necessary for the owner to:

(i)execute an indemnity agreement with the City, terms for which will be set out as conditions of approval of the apartment building to be constructed on the east side of the lane; and

(ii)design and construct the structure to the requirements of the Ontario Highway Bridge Design Code, (latest edition).

(10)That the owner be advised of the need to convey the new street and lanes to the City, free and clear of all encumbrances, including rights-of-way, to the satisfaction of the City Solicitor.

(11)That the owner, prior to the issuance of an above-grade building permit for any portion of the semi-detached or townhouse portion of the development, convey to the City, at nominal cost, the lands shown on Map 1 (hereinafter referred to as the Parkland Dedication Lands) and that the owner pay for the costs of such conveyance, including any Land Transfer Tax and the preparation and registration of all relevant documents.

(12)That prior to the conveyance of the Parkland Dedication Lands, the owner provide to the satisfaction of the City Solicitor, in consultation with the Commissioner of Economic Development, Culture & Tourism all legal descriptions and applicable reference plans of survey for the Parkland Dedication Lands.

(13)That not more than 30 days before the conveyance of the Parkland dedication Lands, the owner provide to the City Solicitor a title opinion, that the City would, upon registration of the conveyance of the Parkland Dedication Lands, acquire fee simple title to the land forming the Parkland Dedication Lands, free of encumbrances and that such opinion shall, if requested by the City Solicitor, be accompanied by all material relied upon in reaching such opinion, including copies of all applicable abstracts of title and copies of all registered documents relevant to the title and the proposed conveyance.

Comments:

Background:

1.0The Proposal

The creation of a new subdivision comprised of a new public street and two new public lanes, parkland and 107 building lots. There are proposed to be 78 semi-detached units, 28 townhouse units, 1 live/work apartment building and a public park.

2.0Site And Surrounding Area

The site is located on the north side of Colgate Avenue between Logan Avenue and Carlaw Avenue. The site is presently vacant and was formally used as the Colgate Palmolive factory. To the north and west of the proposed development on Logan Avenue is a low rise residential community. To the east are industrial buildings stretching from Dundas Street to just north of Queen Street. To the south is a mix of more industrial buildings and low rise residential.

3.0Community Involvement

A public meeting was held in the neighbourhood to discuss the live/work apartment building and the proposed plan of subdivision. A further public meeting will be held in the community when I report on the rezoning applications to keep local residents informed and involved in the evolution of the further details of the plans for the development of this site particularly pertaining to the live/work building.

4.0Existing Planning Controls

4.1Official Plan

Official Plan Amendment No. 122 approved on July 21, 1998, designates the eastern half of the site as a Mixed Industrial Residential Area. This designation permits industrial uses up to three times the area of the lot and residential uses, through a rezoning process, up to two times the area of the lot. In addition, Council will consider proposals to convert existing buildings in this area which already exceed the Official Plan densities in the plan from the maximum density provisions. On the western portion of the site which is on the east side of Logan Avenue, north of Colgate Avenue, the Official Plan designation is Low Density Residence Area. This permits residential redevelopment up to 1 times the area of the lot. The proposal requires an Official Plan Amendment and rezoning on which I will be reporting further.

4.2Zoning By-law

The Zoning By-law designates the western portion of the site R3 Z1.0 with a height limit of 12 metres. This permits residential uses up to 1.0 times the area of the lot. The eastern portion of the site is I2 D3 with a height limit of 18 metres. This zoning designation permits a range of light industrial uses to a maximum density of three times the lot area. The proposal requires a rezoning and I will be reporting further.

5.0Planning Considerations

5.1Compatibility with the Existing Low Density Residential Neighbourhood

Residential development within an existing low density residential neighbourhood is an appropriate approach to consider at this location. It completes the pattern and stabilizes the neighbourhood. The low rise development and public park will ensure compatibility with the existing low density residential neighbourhood. The live/work apartment building is adjacent to an existing industrial building to the north and relates to the industrial buildings located directly across the street on Carlaw Avenue. Many of these existing buildings are being converted to residential and live/work situations.

5.2Street, Lane and Block Pattern

Two 5 metre wide public lanes and a 15 metre public street are proposed to serve this subdivision. These roads will divide the land into the traditional street, lane and block plan pattern found in the surrounding area. On Logan Avenue low rise residential houses are proposed directly across from low rise residential houses. The lane system will permit rear yard access for l car parking space for each unit. Access to the underground garage for the live/work building will be via Carlaw Avenue while a small portion of the visitor parking will be accessible from the new lane system.

5.3Built Form

The built form of the proposed neighbourhood will be integrated with that of the existing community south of Dundas Street East by:

(i)facing semi-detached houses with rear lane access in a compatible character with the existing neighbourhood;

(ii)locating the townhouses adjacent to the live/work industrial buildings on Carlaw Avenue and tucked in behind the two rows of semi-detached houses;

(iii)the additional proposed density will be in a compatible built form with the surrounding neighbourhood

(iv)making the integral garages accessible from the lane system while facing the houses onto Street AA@

(v)ensuring that the heights of the houses, although greater than the existing neighbourhood, will not negatively impact the existing houses.

5.4Parkland

The Planning Act authorizes the City to require up to 5% of the site to be dedicated for park or other public purposes. This application proposes a dedication of approximately 1300 square metres of land for public parkland. This area is shown on Map 1 and is marked as Public Park. The proposed park is located on the north side of Colgate Avenue separating the proposed low rise portion of the development from the proposed 6 storey live/work building. The park will be a new City facility providing local neighbourhood park amenities to the existing and future residents in the area.

The parkland dedication has considered the following principles:

(1)New parkland sites should be accessible by both the existing and proposed residential community;

(2)New parkland should have frontage on at least two public roads to ensure that parks are perceived as a safe, public space;

(3)New parkland sites should be highly visible to increase public surveillance opportunities;

(4) The parkland will be a minimum of 1272 square metres;

(5)The conveyance of the Parkland will occur prior to the issuance of the first above-grade building permit for any portion of the project subject to the Subdivision Agreement and will be available to the applicant for use as a construction staging area;

(6)The Park Improvements must be installed to the satisfaction of the Commissioner of Economic Development, Culture & Tourism, and a Letter of Credit equal to 120% of the value of the Park Improvements for the installation of the Park Improvements; and

(7)The owner has agreed to submit funds in the amount of $20,000 for the City to install a playground apparatus in the park.

In addition, Parks staff have reported on the package of improvements to be carried out by the owner of the site. This will include backfill, site servicing, rough and fine grading and sodding (all to be provided to standards and specifications to be provided by the Commissioner of Economic Development, Culture and Tourism) and a Children's Play area and equipment will be provided and carried out under the direction of City staff of the Parks Division.

A Preliminary Design has been agreed on and this plan will serve as the plan upon which the Final Design Plan and construction drawings are to be based. The necessary drawings for the park and the construction will be undertaken by the applicant. The City will secure rights of approval over the final drawings and supervision of construction through the Subdivision Agreement to be executed as between the City and the applicant.

5.5Parking and Traffi

The parking for the semi-detached and townhouse units should comply with the parking requirements of the Zoning By-law, which requires the provision of a minimum of 1 parking space per residential unit. Parking requirements for the apartment building will be established in connection with the rezoning application submitted for the site. In addition, the Commissioner of Works and Emergency Services has been asked to look into angle parking for the north side of Colgate Avenue in response to a request from residents at the public meeting.

5.6Schools

Although the Schools Boards have not reported on this matter to date, the subject will be addressed in my next report on the rezoning and Official Plan Amendment. Both school boards have been circulated the plans and details of this application.

5.7Environmental Issues

The Medical Officer of Health has indicated that the site has been remediated to residential standards. City policy dictates that contaminated lands will not be accepted for public highway purposes. The owner will be required to submit documentation to the satisfaction of the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism for the lanes, public street and parkland. Due to the former industrial use of the land, the applicant is required to submit an Excavation and Dust Control Plan and implement the measures required prior to the issuance of a building permit.

5.8Subdivision of Land

A plan of subdivision is required in order to create residential blocks and streets and to secure the owner's responsibility respecting the construction of all roads and lanes and other municipal requirements. The draft plan of subdivision was submitted to the City for approval and the City's conditions for the subdivision agreement are set out in the Recommendations section of this report.

5.9Part Lot Control

The owner may request that, after the plan has been registered, the site is exempted from Part Lot Control. The purpose of this exemption is that it allows the builders to realign the boundary lines of the lots which contain semi-detached houses and townhouses to respond to the location of the built party walls. It should be noted that the builder is still required to comply with all the provisions of the Zoning By-law.

Exemption from Part Lot Control can only apply to lots or blocks on a registered plan of subdivision. The appropriate lots or blocks are identified on the plan of subdivision and an exemption is given. The builder obtains a building permit, constructs the foundation and buildings and then surveys the lots and submits an 'R' plan. Upon receipt of the 'R' plan the Part Lot exemption is repealed.

Lifting of Part Lot Control would be subject to a separate application and Council approval.

5.10Low-End-of-Market Housing

The applicant is required by the Official Plan to provide approximately 30% of all units as low-end-of market housing. To implement this policy, the owner shall submit a low-end of market housing implementation plan. This plan should be submitted to the Commissioner of Urban Planning and Development Services for review and approval. The applicant has provided some units with garages and some with parking pads in order to keep the price of some units down.

The plan is to show how the owner proposes to provide the required low-end-of-market units. Prior to the approval of the development the Commissioner of Urban Planning and Development Services should be satisfied that there are sufficient lots to meet the requirement. This matter will be addressed in my next report.

For the purpose of the requirement, the term Alow-end-of-market housing@ means small private market housing units suitable for households of various sizes and compositions, the price of which would not be monitored or controlled but which by virtue of their modest size relative to other market housing units would be expected to be priced for households up to the 60th percentile of income distributions for all households in the Toronto Census Metropolitan Area.

6.0Comments From Civic Officials

Copies of the comments from various civic departments and agencies that have been received to date are attached as Appendix A.

Conclusion:

The extension of the neighbourhood with new residential development on the former Colgate plant site is a positive step in revitalizing the area and contributing to the neighbourhood amenity in the community. The plan of subdivision process will ensure that the planning issues are addressed and that the municipal services required to serve this development are secured as well as providing additional public parkland for the area.

Contact Name:

Denise Graham

Telephone: (416) 392-0871

Fax: (416) 392-1330

E-Mail: dgraham1@toronto.ca

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Application Data Sheet

Confirmed Municipal Address:40 and 64 Colgate Avenue; 309 and 355 Logan Avenue.

Planning Controls (For verification refer to Chief Building Official)

Project Information

Live/wk17103.28m2

Proposed Density
Residential Density:	Non-Residential Density:	Total Density: 1.3

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Appendix B

Comments from Civic Officials

1.Urban Planning and Development Services (March 23, 1999)

I have reviewed the Noise Impact Statement dated March 16, 1999 prepared by J. E. Coulter Associates Ltd., for the above noted Rezoning Application, and find it satisfactory.

As you are aware, the Noise Impact Statement is one of a number of reports required to process your application. At the time of preparation, final construction designs may not be completed. Therefore, on approval of the application and when construction plans are finalized, I require a letter from your architect or acoustical consultant which certifies that the building plans accompanying your building permit application are in conformity with the Noise Impact Statement, with particular reference to the impact of any H.V.A.C. equipment on neighbouring properties.

Please direct any inquiries to Mr. J. Prashad of the Noise Section.

(April 7, 1999)

Our comments concerning this proposal are as follows:

Description:Construct 78 Semi-Detached Houses and 28 Row Houses

Zoning Designation:R3 Z1.0Map:52H 312

Applicable By-law(s): 438-86, as amended by 239-1998, as amended

Plans prepared by:Fliess Gates McGowan Easton Architects

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.

Lots 33 & 64 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the lot area (125.96 sq metres) is being exceeded. Proposed is 201.5 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 2.0 metres. (Section 6(3) Part II 2)

3.The minimum required setback of 6.0 metres from the flanking lot line has not been provided. Proposed is 0.7 metres. (Section 6(3) Part II 3A)

4.The minimum required rear lot line setback of 7.5 metres has not been provided. Proposed is 1.2 metres. (Section 6(3) Part II 4)

5.The maximum permitted building depth of 17.0 metres is being exceeded. Proposed is 17.45 metres. (Section 6(3) Part II 5)

6.The minimum required landscaped open space of 30% of the area of the lot (37.77 sq metres) has not been provided. Proposed is 25.4% (32.0 sq metres). (Section 6(3) Part III 1(a))

7.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.9 metres. (Section 6(3) PART VII 1(ii))

Lots 1 and 32 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the lot area (136.76 sq metres) is being exceeded. Proposed is 201.5 sq metres. (S. 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 4.0 metres. (Section 6(3) Part II 2)

3.The minimum required setback of 6.0 metres from the flanking lot line has not been provided. Proposed is 0.7 metres. (Section 6(3) Part II 3A)

4.The minimum required setback of 7.5 metres from the rear lot line has not been provided. Proposed is 1.2 metres. (Section 6(3) Part II 4)

5.The maximum permitted building depth of 17.0 metres is being exceeded. Proposed is 17.45 metres. (Section 6(3) Part II 5)

6.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.9 metres. (Section 6(3) PART VII 1(ii))

Lot 106 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the lot area (130.39 sq metres) is being exceeded. Proposed is 201.5 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 2.75 metres. (Section 6(3) Part II 2)

3.The minimum required 6.0 metre setback from the flanking lot line has not been provided. Proposed is 0.7 metres. (Section 6(3) Part II 3 A)

4.The minimum required setback of 7.5 metres from the rear lot line has not been provided. Proposed is 1.2 metres. (Section 6(3) Part II 4)

5.The maximum permitted depth of 17.0 metres is being exceeded. Proposed is 17.45 metres. (Section 6(3) Part II 5)

6.The minimum required landscaped open space of 30% of the area of the lot (39.11 sq metres) has not been provided. Proposed is 27.6% (36.0 sq metres). (Section 6(3) Part III 1(a))

7.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.9 metres. (Section 6(3) PART VII 1(ii))

Lots 2,7,8,13,14,19,20,25,26,31 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (121.4 sq metres) is being exceeded. Proposed is 210.0 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 4.0 metres. (Section 6(3) Part II 2)

3.The minimum required 7.5 metre rear lot line setback has not been provided. Proposed is 1.2 metres. (Section 6(3) Part II 4)

4.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.2 metres. (Section 6(3) PART VII 1(ii))

Lots 34,39,40,45,46,51,52,57,58,63 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (111.0 sq metres) is being exceeded. Proposed is 210.0 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 2.0 metres. (Section 6(3) Part II 2)

3.The minimum required 7.5 metre rear lot line setback has not been provided. Proposed is 1.2 metres. (Section 6(3) Part II 4)

4.The minimum required landscaped open space of 30% of the area of the lot (33.3 sq metres) has not been provided. Proposed is 24.8% (27.6 sq metres). (Section 6(3) Part III 1(a))

5.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.2 metres. (Section 6(3) PART VII 1(ii))

6.The minimum required length of 5.9 metres for a parking space has not been provided. Proposed is 5.79 metres. (Section 2 - "parking space")

Lots 97,98,105 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (114.9 sq metres) is being exceeded. Proposed is 210.0 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 2.7 metres. (Section 6(3) Part II 2)

3.The minimum required 7.5 metre rear lot line setback has not been provided. Proposed is 1.2 metres. (Section 6(3) Part II 4)

4.The minimum required landscaped open space of 30% of the area of the lot (34.47 sq metres) has not been provided. Proposed is 26.9% (31.0 sq metres). (Section 6(3) Part III 1(a))

5.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.2 metres. (Section 6(3) PART VII 1(ii))

Lots 3,6,9,10,11,12,15,18,21,22,23,24,27,30 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (121.4 sq metres) is being exceeded. Proposed is 145.5 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 3.0 metres. (Section 6(3) Part II 2)

3.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.2 metres. (Section 6(3) PART VII 1(ii))

Lots 35,36,37,38,41,42,43,44,47,48,49,50,53,54,55,56,59,60,61,62 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (111.0 sq metres) is being exceeded. Proposed is 145.5 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 1.2 metres. (Section 6(3) Part II 2)

3.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.2 metres. (Section 6(3) PART VII 1(ii))

Lots 96,99,100,103,104 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (114.9 sq metres) is being exceeded. Proposed is 145.5 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 2)

3.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.2 metres. (Section 6(3) PART VII 1(ii))

Lots 101,102 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (114.9 sq metres) is being exceeded. Proposed is 145.5 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 2)

3.The proposed garage will not be a minimum of 4.5 metres to another residential building, as required. Proposed is 3.9 metres. (Section 6(3) Part II 7(ii)A)

4.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.2 metres. (Section 6(3) PART VII 1(ii))

Lots 4,5,6,16,17,28,29 (Semi-Detached)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (121.4 sq metres) is being exceeded. Proposed is 145.5 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 1.6 metres. (Section 6(3) Part II 2)

3.The distance from the proposed garage to the next residential building has not been clearly shown, as required. (Section 6(3) Part II 7(ii))

4.The distance from the proposed garage to the main building has not been clearly shown, as required. (Section 6(3) Part II 7(iii))

5.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.2 metres. (Section 6(3) PART VII 1(ii))

6.Elevation drawings are required clearly showing the height of the proposed garage from grade. (Section 4(2)(d))

Lot 93 (Semi-Detached)

1.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 3.8 metres. (Section 6(3) Part II 2)

2.The minimum required setback of 7.5 metres from the rear lot line has not been provided. Proposed is 4.5 metres. (Section 6(3) Part II 4)

3.The proposed garage will not be a minimum of 4.5 metres to another residential building, as required. Proposed is 3.0 metres. (Section 6(3) Part II 7(ii)A)

4.The minimum required distance of 1.2 metres from the detached garage to the main building has not been provided. Proposed is 0 metres. (Section 6(3) Part II 7(iii))

5.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 3.5 metres. (Section 6(3) PART VII 1(ii))

Lot 94 (Semi-Detached)

1.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 3.2 metres. (Section 6(3) Part II 2)

2.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 3.5 metres. (Section 6(3) PART VII 1(ii))

Lot 95 (Semi-Detached)

1.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 2)

2.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 4.4 metres. (Section 6(3) PART VII 1(ii))

Lot 65 (Row House)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (120.0 sq metres) is being exceeded. Proposed is 162.0 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 2)

3.The minimum required setback of 7.5 metres from the rear lot line has not been provided. Proposed is 2.7 metres. (Section 6(3) Part II 4)

4.The maximum permitted depth of 14.0 metres is being exceeded. Proposed is 17.0 metres. (Section 6(3) Part II 5)

5.The minimum required landscaped open space of 30% of the area of the lot (36.0 sq metres) is being exceeded. Proposed is 26.6% (32.0 sq metres). (Section 6(3) Part III 1(a))

6.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 5.2 metres. (Section 6(3) PART VII 1(ii))

Lots 66,69,72,73,74,77,80,81,82,83,86,87,88,89,90 (Row House)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (81.17 sq metres) is being exceeded. Proposed is 162.0 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 2)

3.The minimum required setback of 7.5 metres from the rear lot line has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 4)

4.The maximum permitted depth of 14.0 metres is being exceeded. Proposed is 17.0 metres. (Section 6(3) Part II 5)

5.The minimum required landscaped open space of 30% of the area of the lot (24.35 sq metres) is being exceeded. Proposed is 8.6% (7.0 sq metres). (Section 6(3) Part III 1(a))

6.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 4.195 metres. (Section 6(3) PART VII 1(ii))

Lots 70,71,78,79,84,85 (Row House)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (91.9 sq metres) is being exceeded. Proposed is 159.0 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 2)

3.The minimum required setback of 7.5 metres from the rear lot line has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 4)

4.The maximum permitted depth of 14.0 metres is being exceeded. Proposed is 17.0 metres. (Section 6(3) Part II 5)

5.The minimum required landscaped open space of 30% of the area of the lot (27.57 sq metres) is being exceeded. Proposed is 16.6% (15.3 sq metres). (Section 6(3) Part III 1(a))

6.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 4.75 metres. (Section 6(3) PART VII 1(ii))

Lots 67,68,75,76,91 (Row House)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (81.17 sq metres) is being exceeded. Proposed is 126.5 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 3.0 metres. (Section 6(3) Part II 2)

3.The minimum required setback of 7.5 metres from the rear lot line has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 4)

4.The maximum permitted depth of 14.0 metres is being exceeded. Proposed is 17.0 metres. (Section 6(3) Part II 5)

5.The minimum required landscaped open space of 30% of the area of the lot (24.51sq metres) is being exceeded. Proposed is 17.8% (14.5 sq metres). (Section 6(3) Part III 1(a))

6.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 4.195 metres. (Section 6(3) PART VII 1(ii))

Lot 92 (Row House)

1.The maximum permitted residential gross floor area of 1.0 times the area of the lot (91.9 sq metres) is being exceeded. Proposed is 130.0 sq metres. (Section 6(3) Part I 1)

2.The minimum required front lot line setback of 6.0 metres has not been provided. Proposed is 3.0 metres. (Section 6(3) Part II 2)

3.The minimum required 0.9 metres side lot line setback has not been provided. Proposed is 0.45 metres. (Section 6(3) Part II 3 C)

4.The minimum required setback of 7.5 metres from the rear lot line has not been provided. Proposed is 1.0 metres. (Section 6(3) Part II 4)

5.The maximum permitted depth of 14.0 metres is being exceeded. Proposed is 17.0 metres. (Section 6(3) Part II 5)

6.The minimum required landscaped open space of 30% of the area of the lot (27.57sq metres) is being exceeded. Proposed is 25.8% (23.8 sq metres). (Section 6(3) Part III 1(a))

7.The by-law requires the lot to have a minimum lot frontage of 6 metres. The proposed lot frontage is 4.75 metres. (Section 6(3) PART VII 1(ii))

Requirements/Comments Applying to all Lots

1.The by-law requires the proposed lots to be capable of being conveyed in accordance with the provisions of the Planning Act. The proposed lots require severance consent from the Committee of Adjustment prior to the issuance of a building permit. (Section 6(3) PART IX 1(a))

2.All eaves, chimney breasts and safety railings shall comply with Section 6(3) Part II 8

3.The height of all dwelling buildings shall be measured between the "average elevation of the natural or finished level of the ground, whichever is lower, along the side lot lines or flank opposite the building".

Other Applicable Legislation and Required Approvals

1.The proposal requires Site Plan approval under Section 41 of the Planning Act.

2.The proposal requires conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

3.The proposal DOES NOT require the approval of Heritage Toronto under the Ontario Heritage Act.

4.The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with all relevant provisions of the Ontario Building Code.

2.Works and Emergency Services (March 26, 1999)

Recommendations:

(1) That the owner be required to:

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

(b)Comply with the parking requirements of the Zoning By-law;

(c)Provide minimum road allowance widths as follows:

(i)Street A: 15 m; and

(ii)Public lanes: 5 m;

(d)In connection with the new public streets/lanes and the municipal services and facilities:

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

(ii)Prepare and submit for the approval of the Commissioner of Works and Emergency Services detailed design drawings in accordance with the City's design policies and specifications for all underground and surface public works services and facilities including a site grading plan, and construct all such services and facilities in accordance with the approved drawings and specifications;

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

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

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

(vi)Construct all utilities underground;

(e)Submit suggestions for a suitable name for the new streets in accordance with the guidelines set out in Clause 4 in Executive Committee Report No. 22, adopted by the former City of Toronto Council at its meeting of July 11, 1988;

(f)Remonument the street limits and proposed lot/block corners after completion of construction, if necessary;

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

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

(i)Deposit the final plan of subdivision, in the appropriate Land Registry Office, such plan to be in metric units with all lot/block corners integrated with the Ontario Co-ordinate System, such plan to provide for the strata conveyance of the southerly portion of "Lane C" to a minimum depth of 0.8 m below existing grade;

(j)In the event that after construction of the southerly portion of "Lane C" the depth of the land to be assumed as "Lane C" in conjunction with the Plan of Subdivision is less than 0.8 m below the finished grade of the lane, convey to the City, at nominal cost, for public lane purposes, the residual land located between the lands already defined as part of the subdivision as "Lane C" and a plane lying 0.8 m below the finished surface of the lane, such lands to be conveyed to the City free and clear of all encumbrances;

(k)In the event that additional lands are to be conveyed, pursuant to Recommendation No. 1(k) above, provide a strata Reference Plan of Survey, indicating as a separate PART, the additional lands to be conveyed for public lane purposes;

(l)Provide a digital copy of the final plan of subdivision to the City;

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

(2)That the owner be advised of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the abutting road allowances;

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

(4)That the Commissioner of Urban Planning and Development Services be requested to ensure that Parks staff maintain the continuation of the "Street A" sidewalk through the park, including winter maintenance;

(5)That in connection with the proposed strata conveyance of the southerly portion of "Lane C", the owner be required to convey to the City an easement of support rights in the lands located below the proposed lane;

(6)That the owner be advised that, in the event that the owner elects to construct the subject parking garage beneath a portion of "Lane C", on lands to be retained by the owner for this purpose, it will be necessary for the owner to:

(i)execute an indemnity agreement with the City, terms for which will be set out as conditions of approval of the apartment building to be constructed on the east side of the lane; and

(ii)design and construct the structure to the requirements of the Ontario Highway Bridge Design Code, (latest edition);

(7)That the owner be advised of the need to convey the new street and lanes to the City, free and clear of all encumbrances, including rights-of-way, to the satisfaction of the City Solicitor.

Comments:

Proposal

Creation of a new subdivision comprised of a new public street and two new public lanes and 107 building lots for 78 semi-detached units 28 townhouse units and 1 apartment building with 230 live-work units. Comments on Rezoning Application No. 199003 for the park, semi-detached and townhouse units are embodied in this report. The apartment building is the subject of Rezoning Application No. 298008, which will be the subject of a separate report by this Department.

Street System

The proposed road allowances are acceptable. It will be necessary for the detailed design to provide for 4 m curb radii at intersections, while maintaining continuous sidewalks within the road allowances. This is feasible within the proposed road allowances.

The owner has requested that the Street A sidewalk meander through the park on the east side of the park. A "No Kill Strip" is proposed along the east street line to protect adjacent sodded area within the park. This is acceptable in principle, subject to the "sidewalk" through the park being maintained by Parks staff, including winter maintenance.

The exact width of the "No Kill Strip" will be determined as part of the review of the detailed design drawings for Street A.

Two 5 m wide public lanes are proposed to serve this subdivision. This is acceptable for residential use. Given the proposal to use the southern segment of the public lane on the east side of the park for access for City garbage trucks serving the proposed apartment building on the east side of the lane, it will be necessary to maintain a paved area/setbacks on the east side of this segment of the lane in order to enable trucks, to pass oncoming or stopped vehicles. This will be secured in connection with the Rezoning Application submitted for the proposed apartment building.

Proposed Encroachment of Parking Garage Beneath Public Lane

Under the current proposal, the garage for the apartment building will encroach under a portion of one of the proposed public lanes. This will require the construction of the lane drain through the public park. The applicant has already undertaken discussions with engineering staff to establish the feasibility of this approach. Specific engineering requirements will be worked out as part of the review of the detailed design drawings.

It will be necessary for the top of the roof of the underground garage to be located at least 0.5 m below the underside of the concrete lane pavement, and be designed to Ontario Highway Bridge Code (latest edition).

Recommendation No. 1(j) above provides for the strata conveyance of this public lane, so that the owner can retain ownership of the garage, if constructed as currently proposed. In order to provide for sufficient depth of the proposed garage structure, this recommendation requires that the depth of the conveyance to be at least 0.8 m beneath existing grade. Given that detailed lane designs have not been completed to date, it is not possible to determine the finished grade of the lane at this time. Accordingly, Recommendation Nos. 1(k) and 1(l) provide a mechanism whereby the owner will be required to convey additional lands to the City, for public highway (lane) purposes in the event that after construction the depth of the conveyance for public lane purposes is less than 0.8 m from finished grade.

Recommendation No. 5 above requires the owner to provide the City with an easement of support rights through the lands located beneath the proposed lane. The owner will also be required to enter into an indemnity agreement with respect to the garage. The requirements for the indemnity agreement will be set out as conditions of approval of the Rezoning application for the apartment building.

Given that the current phasing proposal is to obtain draft approval for the entire subdivision and the Rezoning Application for the semi-detached houses and townhouses component of the subdivision, and then proceed with the Rezoning Application for the apartment building, it is possible that the lane will be constructed prior to the apartment building garage. If the owner does proceed with the construction of the garage after the conveyance of the public lane to the City (by registration of the plan of subdivision), it will be necessary for the owner to obtain appropriate approvals from this Department for the construction of the garage beneath the public highway. In this regard, the owner may want to consider design options, such as the pre-building of the roof slab of the garage beneath the lane in order to avoid the necessity of temporarily closing the public lane during garage construction.

Parking

The parking for the semi detached and townhouse units should comply with the parking requirements of the Zoning By-law, which requires the provision of a minimum of 1 parking space per residential unit. Parking requirements for the apartment building will be established in connection with the Rezoning application submitted for that site.

Area residents have requested that consideration be given to the replacement of the existing parallel parking spaces on the north side of Colgate Avenue with angled parking spaces. This matter is under investigation by the Traffic Operations, East Area Section of this Department, and will be the subject of a separate letter to your Department.

Refuse Handling, Storage and Disposal

The City will provide the project with the semi detached and townhouse units with regular curbside refuse and recyclable collection service in accordance with the provisions of the Municipal Code, Chapter 309, Solid Waste.

Refuse collection requirements for the apartment building will be established in connection with the Rezoning application submitted for that site.

Municipal Services and Storm Water Management

The existing water distribution and sewer systems located within the existing public road allowances are adequate to accommodate the 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. In this regard the owner will be required to design the buildings without down spout connections, as no storm drain connections will be permitted for the buildings. Further information regarding storm drainage can be obtained by contacting the Engineering Branch (telephone no. 392-6787).

Soil Conditions

On the basis of correspondence on file from the Medical Officer of Health, it would appear that the site has been remediated to residential standards. Accordingly, one could assume that the soil conditions in the proposed road allowances would be acceptable for public highway purposes. However, given City policy that it not accept contaminated lands for public highway purposes, the owner should be required to submit documentation to the satisfaction of the Commissioner of Works and Emergency Services verifying that the soil has been remediated to City standards for public highway purposes, as set out in Recommendation No. 1(g) above.

Plan of Subdivision

The final plan of subdivision, which must be deposited in the appropriate Land Registry Office, should be in metric units with all lot/block corners integrated with the Ontario Co-ordinate System. The owner should be required to provide a digital copy of the final plan of subdivision to the City.

Rights of Way

The surveys submitted with the application suggest that there are still rights-of-way over portions of proposed A Lane C.@ It will be necessary for the new streets and lanes to be conveyed to the City to be free and clear of all encumbrance, therefore, it will necessary to the owner to arrange to have these rights of way removed from title, to the satisfaction of the City Solicitor.

(October 27, 1998)

Please be advised that when the pertinent requirements of the Ontario Building Code have been applied relative to this project, our Department may be deemed as satisfied.

3.Public Health (March 30, 1999)

Thank you for your request of March 2, 1999, to review and comment on the above referenced application. Staff at Healthy Environments (HE) have reviewed this application and offer the following comments.

The applicant proposes to construct 78 semi-detached homes and 28 townhouses on this site. Environmental Health Services has previously commented on this site for a demolition application (Permit No.366900). Furthermore, Environmental Health Services responded to a request from Mr. Gary Wilson of McClymont & Rak Engineers Inc. to comment on the Site Remediation Program prepared by Agra Earth & Environmental Limited (March 1996) and the subsurface investigation prepared by dames & Moore Canada (1992). A copy of our comments on the site remediation program, dated July 13, 1998, has been previously provided to you, along with our comments for this site, with respect to the OPA application No.298008.

Recommendations:

1.(i)That the owner prepare an Excavation Dust Control Plan and submit this plan for the approval of the Medical Officer of Health, prior to the issuance of any permit;

(ii)That the owner implement the measures in the Dust control Plan approved by the Medical Officer of Health.

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

(November 2, 1998)

Thank you for your request of October 22, 1998, to review and comment on the above referenced application. Staff at Environmental Health Services (EHS) have reviewed this application and offer the following comments.

The applicant proposes to construct 1 apartment building and 106 semis and townhouses on this site. EHS has previously commented on this site for a demolition application (Permit No.366900). Furthermore, EHS responded to a request from Mr. Gary Wilson of McClymont & Rak Engineers Inc. to comment on the Site Remediation Program prepared by Agra Earth & Environmental Limited (March 1996) and the subsurface investigation prepared by dames & Moore Canada (1992). For your information, I am enclosing copies of these comments.

Recommendations:

1.(i)That the owner prepare an Excavation Dust Control Plan and submit this plan for the approval of the Medical Officer of Health, prior to the issuance of any permit;

(ii)That the owner implement the measures in the Dust control Plan approved by the Medical Officer of Health.

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

4.Parks and Recreation (March 26, 1999)

The following comments are provided with respect to the proposed residential development at the above-noted location. The applicant is requesting approval for a Plan of Subdivision which will include construction of a six story live/work building containing 230 units and a mix of 106 freehold semi-detached and townhouses dwellings. The addition of these new residents will generate an increased demand on the existing parks in the area such as Jimmie Simpson Park and Community Centre and Hideaway Park.

In order to address this additional demand the applicant has agreed to provide the land for and construct a Public Park of approximately 1300 square metres (0.3 acres). The parkland will abut the north edge of Colgate Avenue and will be bordered by the new street serving the residential development on the west side and a public lane on the east, giving the park three frontages on public thoroughfares. A Preliminary Design has been agreed on through discussions with this Department, this plan will serve as the plan upon which the Final Design Plan and construction drawings are to be based. The necessary drawings for the park and the construction will be undertaken by the applicant. The City will secure rights of approval over the final drawings and supervision of construction through the Subdivision Agreement to be executed as between the City and the applicant.

Economic Development, Culture & Tourism has discussed the matters relating to the timing, conveyance, park elements, use of the site for construction staging and project supervision with the applicant and have reached general agreement on these matters. It is intended that the final terms and conditions be set out in the Subdivision Agreement. The following principles have been agreed to as an approach to ensuring the establishment of the parkland on this site and as such should be endorsed at this time, the final details to be set out in the Subdivision Agreement:

(a)the Preliminary Design Plan will be as shown on Colgate Park Landscape Plan denoted as P-1, prepared by Insite Landscape Architects, dated January 12, 1999 and date-stamped received March 17, 1999 by the Commissioner of Planning and Urban Development Services and such final area of the Parklands will be a minimum of 1272 square metres;

(b)the conveyance of the Parkland will occur prior to issuance of the first above-grade building permit for any portion the project subject to the Subdivision Agreement, the site will be available to the applicant for use as a construction staging area, the Park Improvements must be installed to the satisfaction of the Commissioner of Economic Development, Culture & Tourism, the owner will post a Letter of Credit equal to 120% of the value of the Park Improvements as agreed to by the Owner and the Commissioner of Economic Development, Culture & Tourism as security for the installation of the Park Improvements;

(c)the Owner has agreed to submit funds in the amount of $20,000 for the City to install a playground apparatus in the park;

(d)in view of the conveyance of parkland, contributions to improvements and other payments, that City Council will authorize an amendment to exempt the Owner's Lands from Toronto Municipal Code, Chapter 165, Article 1, Conveyance of Lands for Parks Purposes enacted pursuant to Section 42 of the Planning Act to exempt therefrom such development as is permitted and only to the extent permitted by the Zoning By-law Amendment. Should the owner apply for and receive permission to develop residential or commercial densities in excess of those presently permitted in the Zoning By-law Amendment, then the Owner may, respecting those increased densities and as a condition of receiving such increased densities, be required to transfer further lands for parks purposes or pay monies in lieu thereof in accordance with the City's aforementioned Municipal Code provisions enacted pursuant to Section 42 of the Planning Act which are then applicable.

Attached are draft provisions dealing with Parkland matters. These provisions are largely taken from existing precedent park arrangements.

Please feel free to contact Rob Watson of my staff (2-0582) should you have any questions or require any further clarification.

(March 24, 1999)

This will acknowledge the 'Arborist Report for Development Applications' form pertaining to the above noted development applications which was submitted directly to Forestry Services by the applicant under cover of a letter dated December 21, 1998. I have reviewed the report and the previously circulated plan and advise that:

(i)There are twenty-five (25) City owned trees involved with this project which are situated on the City road allowance adjacent to the development site. These trees must be protected at all times in accordance with the 'Specifications for Construction Near Trees' contained in the Tree Details Section of the City of Toronto Streetscape Manual.

(ii)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.

(i)I advise that the plan prepared by Fliess Gates McGowan Easton Architects, date stamped as received by Urban Planning & Development Services on November 5, 1998 and on file with the Commissioner of Urban Planning & Development Services is acceptable provided that the above noted conditions are fulfilled.

5.CN (November 9, 1998)

We have reviewed your letter dated 22^nd October 1998 regarding the above noted application and request that the following comment be included in the Draft Conditions, to be cleared by CN:

1.The following warning clause shall be included in the Subdivision Agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit. Provisions must be included in the Subdivision Agreement to ensure that the warning clause survives the release of the Owner's obligations under the subdivision Agreement and remain on title.

"Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way."

2.The owner is required to engage a consultant to undertake an analysis of noise and vibration and to recommend abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment and Canadian National Railway to the satisfaction of the Municipality, Canadian National Railway and the Ministry of Environment.

We would appreciate the opportunity to review the draft conditions prior to approval, and ultimately, we request receiving a copy of the Approved Draft Conditions.

Should the application be approved without incorporating the above requirements, we have no alternative but to request that this application be referred to the Ontario Municipal Board pursuant to the provisions of the Planning Act, R.S.O. 1990, C.P.13.

Should you have any further questions, please do not hesitate to contact the undersigned at (416)217-6961.

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the communication (April 27, 1999) from Mr. Jeff McCullough, in opposition to the application, and a copy thereof is on file in the office of the City Clerk.

Insert Table/Map No. 1

40 and 64 Colgate Avenue

Insert Table/Map No. 2

40 and 64 Colgate Avenue