TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on July 6, 7 and 8, 1999

YORK COMMUNITY COUNCIL

REPORT No. 7

1 Appointment of York Councillors to Special Purpose Bodies Ward 27, York Humber and Ward 28, York Eglinton

2 Installation of Litter Receptacles Ward 28, York Eglinton

3 Request for Exemption from Noise By-law No. 3453-79 St. Matthew's Church, 706 Old Weston Road
Ward 27, York Humber

4 Community Festival Event - St. Matthew's Church Annual Festival of Our Lady of Light (Ward 27 - York Humber

5 Appointment of Members to the Riverboat Landing Working Group Ward 27, York Humber

6 Erection of Fence at 213 Ava Road Adjacent to Cedarvale Park Ward 28, York Eglinton

7 Black Creek Business Area Association Business Excellence Award Program Ward 27, York Humber

8 Liquor Licence Application by San Nicola Café 1751-1753 Keele Street - Ward 27, York Humber

9 Condolences to the Family of Frank Faubert and Proposal to Rename an Arena in Scarborough

10 424 Gilbert Avenue, Zoning By-law Amendment Twins Peak Construction Ltd. Ward 28, York Eglinton

11 450 Gilbert Avenue - Zoning By-law Amendment 1289643 Ontario Limited Ward 28, York Eglinton

12 Lands on the West Side of Weston Road between Buttonwood Avenue and Dora Spencer Road
Applicant: R. Kowalczyk for B.G. Schickedanz Central Inc. Ward 27, York Humber

13 By-law to Stop-Up, Close and Convey Part of the Keelesdale Road and Photography Drive Road Allowances
Ward 27, York Humber

14 Lands at the South-West Corner of Eglinton Avenue West and Black Creek Drive - Official Plan and Zoning By-law Amendment Application; Applicant: Rutledge Development Corp. Ward 27, York Humber

15 Other Items Considered by the Community Council

City of Toronto

REPORT No. 7

OF THE YORK COMMUNITY COUNCIL

(from its meeting on June 22, 1999,

submitted by Councillor Rob Davis, Chair)

As Considered by

The Council of the City of Toronto

on July 6, 7 and 8, 1999

Appointment of York Councillors

to Special Purpose Bodies

Ward 27, York Humber and Ward 28, York Eglinton

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends:

(i) the appointment of Members of the York Community Council to those special purpose bodies noted below for a term of office expiring November 30, 2000, and until their successors are appointed, unless indicated otherwise; subject to the York Community Alliance for Neighbourhood Development Opportunities (CANDO) confirming that the number of elected officials on their Board of Directors can be increased from two (2) to three (3) Councillors;

(ii) that the Councillors previously appointed by City Council to the Business Improvement Areas note below remain in office until November 30, 2000, and until their successors are appointed, in accordance with the provisions of the Municipal Act;

(iii) that leave be granted for the introduction of any necessary Bills in Council to give effect thereto; and

(iv) that the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

--------

In accordance with the foregoing recommendations, Members of the York Community Council are hereby recommended for appointment, as follows:

EXTERNAL ORGANIZATIONS

(1) Arts York, Board of Directors:

(2 Members of Council to be appointed)

Davis, R.

Mihevc, J.

(2) York Community Alliance for Neighbourhood Development Opportunities (CANDO), Board of Directors:

(Formerly 2 Members of Council to be appointed; directorship

to be increased to 3, subject to confirmation by CANDO)

Davis, R.

Nunziata, F.

Saundercook,

(3) York Community Information Centre, Board of Directors:

(1 member to be appointed)

Saundercook, B.

BUSINESS IMPROVEMENT AREAS - BOARDS OF MANAGEMENT

(4) Keele-Eglinton Business Improvement Area (York Humber):

Nunziata, F.

Saundercook, B.

(5) Mount Dennis Improvement Area (York Humber):

Nunziata, F.

Saundercook, B.

(6) Upper Village Business Improvement Area (York Eglinton):

Mihevc, J.

(7) Weston Business Improvement Area (York Humber):

Nunziata, F.

Saundercook, B.

(8) York-Eglinton Business Improvement Area (York Eglinton):

Davis, R.

Mihevc, J.

Saundercook, B.

The York Community Council reports for the information of City Council, having requested the York Community Alliance for Neighbourhood Development Opportunities (CANDO) to advise City Council as to whether the number of local Councillors on their Board of Directors can be increased from previously two (2), to three (3) Councillors.

The York Community Council submits the following report (June 1, 1999) from the City Clerk:

Purpose:

To implement Council's process for appointing Members of Council to local special purpose bodies, and to regularize the terms of Councillors appointed to local business improvement areas as set out in the Municipal Act.

Funding Sources, Financial Implications and Impact Statement:

None.

Recommendations:

It is recommended that the York Community Council:

(1) give consideration to Members' preferences outlined in Schedule 1, and recommend to City Council the appointment of Members of Council to those special purpose bodies outlined in such Schedule for a term of office expiring November 30, 2000, and until their successors are appointed, unless indicated otherwise;

(2) recommend to City Council that the Councillors previously appointed by City Council to the business improvement areas outlined in Schedule 2 remain in office until November 30, 2000, and until their successors are appointed, in accordance with the provisions of the Municipal Act; and

(3) also recommend to City Council that leave be granted for the introduction of any necessary Bills in Council to give effect thereto.

Council Reference/Background/History:

Council has directed that the nomination process for appointing Members of Council to local special purpose bodies be conducted through the Community Councils rather than the Striking Committee (Clause No. 2 of Report No. 3 of the Special Committee to Review the Final Report of the Toronto Transition Team, adopted as amended by Council on April 13, 14 and 15, 1999).

Comments:

Community Councils have been delegated the authority to nominate Councillors for appointment to program operating boards (e.g. boards of management for business improvement areas, community/recreation centres, and arenas), external organizations of local significance supported by the City through discretionary grants, and external organizations of local significance to which Council makes appointments due to legislation or invitation.

Schedule 1 contains a list of Councillors' preferences for appointments to the special purpose bodies listed therein.

Schedule 2 contains a list of Councillors who were previously appointed by City Council to local business improvement areas for a term of office expiring May 31, 1999, and until their successors are appointed. Subsequent to these appointments, the City Clerk's office was advised that, in accordance with the Municipal Act, these appointments should have been for the term of Council, and until their successors are appointed.

Conclusion:

By recommending a slate of nominees, the Community Council will implement Council's process for appointing Councillors to local special purpose bodies. By recommending that the Councillors who were previously appointed to local business improvement areas remain in office until November 30, 2000, and until their successors are appointed, the Community Council will regularize these appointments in accordance with the provisions of the Municipal Act.

Contact Name:

Joanne Hamill,

Manager of Community Councils and Committees

(392-4339)

--------

(The York Community Council also had before it a copy of each of Schedules 1 and 2 referred to in the foregoing report dated June 1, 1999, from the City Clerk, and a copy thereof is on file in the office of the City Clerk.)

(City Council on July 6, 7 and 8, 1999, had before it, during consideration of the foregoing Clause, a communication (June 29, 1999) from Ms. Bonnie Taylor, General Manager, Community Alliance for Neighbourhood Development Opportunities (CAN DO), advising that the request to increase the composition of the Board of Directors of CAN DO has been taken under review and Council will be advised of its decision in the fall of 1999.)

Installation of Litter Receptacles

Ward 28, York Eglinton

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends the adoption of the following report (June 8, 199) from the Commissioner, Economic Development, Culture and Tourism:

Purpose:

At the May 5, 1999, meeting of York Community Council, the Manager of Parks & Recreation, West District, was requested to report on the resolution to the situation as stated in the communication submitted by Councillor Mihevc regarding litter receptacles in Ward 28.

Funding Sources, Financial Implications and Impact Status:

The cost of the locks and keys be funded from the 1999 Operating Budget.

Recommendations:

It is recommended that:

(1) Parks staff purchase liners for the litter receptacles that are missing, and provide additional replacement liners to Ken Boyd, Works & Emergency Services, Castlefield Yard;

(2) Parks staff provide locks on each of the litter receptacles and provide keys for staff in the Works Department who remove litter from these receptacles according to their schedule;

(3) Works and Emergency Services be responsible for the ongoing maintenance of these cans which includes the purchase of any additional liners required.

Comments and/or Discussion and/or Justification:

Councillor Mihevc has received numerous complaints from residents in Ward 28 regarding the infrequent collection from litter receptacles in Ward 28.

There were new litter receptacles purchased as part of the streetscape program and installed by the Parks Department that are designed to accommodate a removable liner to empty litter. As the lids of the receptacles are not locked, the liners were continuously disappearing and residents were dumping household waste in the containers filling them with refuse which was not removed for health and safety reasons by crews collecting garbage from the Works & Emergency Services Department.

Staff of the Parks Department were requested to look at a solution, lock the lids of the containers so that the liners would not be stolen and to reduce household waste being deposited.

Staff of the Parks Department have purchased new liners and installed in the waste receptacles in Ward 28 and provided replacement liners to the Ken Boyd of Works & Emergency Services. In addition, Parks staff have now installed locks on each of the cans and provided keys for those collecting waste that will eliminate the theft of the liners and the problem of collecting litter from the receptacles.

Conclusions:

The litter receptacles have new liners and locked lids that will eliminate future problems in Ward 28.

Contact Name(s):

Don Boyle, Director Kevin Bowser

Tel: 394-5723 Tel: 394-2486

Request for Exemption from Noise By-law No. 3453-79

St. Matthew's Church, 706 Old Weston Road

Ward 27, York Humber

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends the adoption of the following report (June 9, 1999) from the District Manager, West District, Municipal Licensing and Standards Division:

Purpose:

To report on a request for an exemption from former City of York Noise Control By-law No. 3453-79.

Financial Implications:

There are no financial implications for the City.

Recommendations:

It is recommended that:

(1) St. Matthew's Church be granted an exemption from the provisions of Noise Control By-law No. 3453-79 for the following dates and times:

Saturday, June 26, 1999 from 6:00 p.m. to 12:00 a.m. and

Friday, September 3, 1999 )

Saturday, September 4, 1999 ) from 8:00 p.m. to 12:00 a.m.

Sunday, September 5, 1999 )

Monday, September 6, 1999 )

(2) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

The former City of York Noise By-law No. 3453-79 prohibits the emission of amplified sound from electronic devices incorporating one or more loudspeakers if the noise is audible in residential areas on any day after 5:00 p.m. The by-law also provides that Council may grant exemptions from the provisions of the noise by-law.

Discussion:

The exemption being requested is for two concerts the participants in which will be a marching band and a pop music group. Attached is a fax dated March 2, 1999 (received June 7, 1999) from the executives of St. Matthew's Church requesting an exemption from the City's Noise By- law for the dates and times noted above. The two religious festivals attract a large number of parishioners and are held in the St. Matthew's schoolyard directly to the rear of the church. The exemption would only be in effect to 12 a.m. (midnight) on the dates indicated and, given that there have been no reported problems associated with festivals held in previous years, the event is unlikely to have any adverse impact on the surrounding community.

Conclusions:

For the past several years the applicant has held the festival without any reported incidents concerning excessive noise. Accordingly, it is recommended that this request for an exemption from the noise by-law also be approved without conditions.

Contact Name:

Douglas Jack,

Municipal Licensing and Standards Division

West District

Telephone: 394-2533 Fax: 394-2904

Community Festival Event - St. Matthew's Church

Annual Festival of Our Lady of Light

Ward 27, York Humber

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends that the St. Matthew's Church Annual Festival of Our Lady of Light being held at the St. Matthew's school playground from September 3 to 6, 1999, be declared a community festival event.

The York Community Council submits the following communication (April 12, 1999) from Rev. Santo Cigolini, C.S. Pastor:

St. Matthew's Church has applied for permission to use the school playground from September 3 to 6, 1999, for its Annual Festival of Our Lady of Light.

It is a requirement of the Alcohol and Gaming Commission that the local municipality in which the special occasion permit application has been made, declare the event to be a community festival of municipality significance.

We are asking the City Council to grant permission for the holding of the Annual Festival of Our Lady of Light.

Thanking your for your attention.

The York Community Council also had before it a memorandum (June 9,1999) from Councillor Saundercook, forwarding the above letter from the St. Matthew's Church.

Appointment of Members to the

Riverboat Landing Working Group

Ward 27, York Humber

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends that:

(1) the report dated June 10, 1999 from the Director, Community Planning, West District, be adopted; and

(2) the composition of the Riverboat Landing Working Group also include the appointment of :

(v) the 2 local Councillors; and

(vi) 3 residents from the development, whose names will be submitted at a later date.

The York Community Council submits the following report (June 10, 1999) from the Director, Community Planning, West District:

Purpose:

To report on applications received for representation on the Riverboat Landing Working Group to enable Community Council to appoint members.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendations:

It is recommended that the York Community appoint the following persons to the Riverboat Landing Working Group:

(i) Local Commercial/Industrial Representatives:

- Lorne S. Berg and

- Fred Caines

(ii) Mount Dennis Community Association:

- Marjorie Sutton

(iii) Weston Ratepayers and Residents Association:

- Robert Draper and designate

(iv) Local Resident Representatives:

- Ella Jackson

- A.D. Jackson

- Sandra Richardson

Background:

At its meeting on May 26, 1999, York Community Council recommended adoption of a Planning report, which recommended Terms of Reference for the Riverboat Landing Working Groups and that staff receive applications for representation on the Working Group and report on the selection of representatives to the next Community Council. City Council at its meeting on June 9, 10 and 11 adopted Community Council's recommendation.

Comment:

Completed applications for membership on the Riverboat Landing Working Group were received by June 10, 1999 as follows:

Position and Number Available Applicant

Commercial/Industrial Representative -two Lorne S. Berg, Black Creek Business

Area Association

Fred Caines, Plant Manager

Proctor and Gamble, 1551 Weston Road

Local Residents (three) Ella Jackson, 38 Denison Road West

A.D. Jackson, 38 Denison Road West

Sandra Richardson, 233 Church Street

Weston Ratepayers and Residents Robert Draper or designate

Association Representative (one) President Weston Ratepayers and

Residents Association

Mount Dennis Community Marjorie Sutton, President

Association Representative (one) Mount Dennis Community Association

York Humber Ward Councillors, Frances Nunziata and Bill Saundercook as well as a representative from B.G. Schickedanz Central Inc., the developer, are members of the Working Group.

Conclusion:

The individuals listed in this report should be appointed to the Working Committee in the positions for which they applied.

Contact:

Lou Moretto

Manager of Community Planning Tel: 394-2610

West District Fax: 394-2782

Erection of Fence at 213 Ava Road

Adjacent to Cedarvale Park

Ward 28, York Eglinton

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends that:

(1) the Commissioner of Economic Development, Culture and Tourism, be authorized to replace the existing 4ft. chain link fence at 213 Ava Road with a 6 ft. chain link fence;

(2) should the owner of 213 Ava Road prefer a 6 ft. privacy fence instead of a chain link fence, that the Commissioner of Development, Culture and Tourism, be authorized to install such privacy fence, subject to a requirement that the owner be responsible for paying the difference in cost; and

(3) the appropriate City officials be authorized and directed to take the appropriate action to give effect thereo.

The York Community Council reports, for the information of City Council, having requested the Director, Parks and Recreation, West District, to arrange for the removal of the stumps from the trees which have recently been cut down by the City.

The York Community Council submits the following communication (May 12, 1999) from Councillor J. Mihevc:

Ms. Elsa Willebronds, the owner of the property at 213 Ava Road, a property that borders on the entrance of Cedarvale Park, has requested the following:

(1) the erection of a 6 ft. fence to allow for privacy, since her residence is located at the entrance to the park; and

(2) that the stumps be removed from the trees recently cut down by the City.

Ms. Willebronds has indicated willingness to contribute to the cost of the fence.

I will be moving at the York Community Council meeting that staff attend to these matters as soon as possible.

Black Creek Business Area Association

Business Excellence Award Program

Ward 27, York Humber

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends the endorsement of the following Terms of Reference for the Black Creek Business Area Association's Business Excellence Award Program:

Business Excellence Award Program

Terms of Reference

Purpose:

- To increase participation of business and property owners by recognizing outstanding contributions towards the Black Creek Business Area (BCBA) and the surrounding community.

- To increase pride in the BDBA.

- To promote an overall improved general area appearance.

- To help market area and publicize the business within BCBAA.

- To bolster individual pride of area and work within the BDBAA.

- To recognize contributions by individuals in business in the area of building healthy community.

Areas of Recognition:

- Property appearance. Facade maintenance and appearance.

- Corporate contributions to area.

- Individual contributions to area.

- Innovative initiatives for area rejuvenation.

- Investment in technology.

- Business excellence.

- Corporate contributions to community living.

- Environmental considerations.

- Growth of business.

- Industrial recognition for innovation.

Nomination Process:

All businesses in the Black Creek Business Area and active members of the Black Creek Business Area Association would be eligible for nomination. Nomination can be made by any member of the community.

Nomination forms will be distributed throughout the community by means of media, central distribution points in banks and other business or political institutions, through BCBAA booths at local events, health centres, libraries, high schools and any other points of opportunity that may arise.

Nomination must be submitted on the standard Association nomination form or a mechanical reproduction. Nomination forms must be submitted to one collection point which will be the Association office.

Who Would Judge:

Selection committee:

A standing committee consisting of not less than five (5) members (membership to include award sponsor representatives) would screen all nominations for suitability. This committee would be responsible for accepting and posting all incoming nominations in the predetermined mediums. The Selection Committee would meet once a year to review accepted nominations for that year and assign the awards accordingly. This committee would be made up of at least one representative from each of the awards sponsors, the Association Chair and one external business representative.

Awards:

The Award shall be a plaque bearing both the Associations and the sponsors name and logo. Each sponsor shall outline what the award will be given for based on a business activity. Awards need not be given out each year if a suitable recipient is not identified. The awards shall be publicly announced and distributed at the Association Annual General Meeting each year.

The York Community Council had before it a communication (June 14, 1999) from Mr. Lorne Berg, Executive Director, Black Creek Business Area Association, requesting an opportunity to present the Terms of Reference for the Business Excellence Award Program and requesting endorsement of the program by Council.

--------

- Ms. Ella Jackson, appeared before the Community Council in connection with the foregoing matter.

Liquor Licence Application by San Nicola Cafe

1751-1753 Keele Street - Ward 27, York Humber

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends the adoption of the following motion (June 17, 1999) by Councillor F. Nunziata:

WHEREAS the San Nicola Cafe located at 1751-1753 Keele Street has made application for a liquor licence to the Alcohol and Gaming Commission of Ontario; and

WHEREAS the location of this establishment is in close proximity to three schools, Keelesdale Public School, Silverthorn Public School and Kane Public School; and

WHEREAS this cafe is frequented by a number of young people and is one of the reasons that the local Silverthorn Ratepayers Association is opposing this application; and

WHEREAS there is inadequate parking facilities to accommodate patrons to this establishment if a liquor licence is granted; and

WHEREAS subsection 6(2)(h) of the Liquor Licence Act ("the Act") provides that an applicant is entitled to be issued a licence to sell liquor, except if the licence is not in the public interest, having regard to the needs and wishes of the residents of the municipality in which the premises are located; and

WHEREAS section 7.1 of Regulation 719 under the Act states that, in the absence of receiving submissions to the contrary, the Board shall consider a resolution of the Council of the municipality, in which are located the premises for which a person makes an application to sell liquor or holds a licence to sell liquor, as proof of the needs and wishes of the residents of the municipality for the purposes of clause 6(2)(h) of the Act;

THEREFORE BE IT RESOLVED that City Council advise the Alcohol and Gaming Commission that it opposes the granting of a liquor licence to the San Nicola Cafe and that such application is not in the best interests of the community; and

BE IT FURTHER RESOLVED that the petition from the Silverthorn Ratepayers Association together with this resolution, be forwarded to the Alcohol and Gaming Commission of Ontario.

The York Community Council submits the following communication (May 25, 1999) from the Secretary, Silverthorn Ratepayers' Association to Councillor F. Nunziata:

Thank you for your letter informing us of an application for a liquor licence at the San Nicola Cafe at 1751-1753 Keele Street.

Our members have expressed concern about permitting a liquor licence at this address because it is situated opposite George Harvey Secondary School and very close to both Keelesdale, Silverthorn and Kane Middle Schools. Because of the close proximity of the San Nicola Cafe to all these schools, our members feel it is inappropriate for the Cafe to sell alcohol in an area that is frequented predominantly by local youth, pre-teens and young children. Given our community's efforts to date toward area safety, we feel that the sale of alcohol at this establishment could undermine our objectives. Thus, the sale of alcohol should be reserved for a designated business district. Ideally, the Silverthorn Ratepayers Association would like to see legislation that prohibits the sale of alcohol within a one or two block area of school properties, to discourage youth involvement in this activity. This would serve not only our community but those around the GTA. In addition, there are already too many establishments in the Keele Street and Rogers Road area with liquor licences. Thus, we ask that the application be refused.

In addition, we do not approve of this application because there is inadequate parking to accommodate the increase in patrons that this business might attract. The Silverthorn Ratepayers Association has too often seen the consequences of ignoring parking requirements for business establishments and other facilities, as evidenced by the recent Nova Era Bakery problem. It is also imperative that liquor licences not be granted to establishments of this small size. This prevents small corner stores and fast food outlets from selling alcohol, often to persons who are minors.

The Silverthorn Ratepayers Association is confident that our concerns will be seriously addressed. Again, we would like to thank you for bringing this matter to our attention because we foresee potential problems with a liquor licence at this address. Please keep us informed of any developments regarding this matter.

The York Community Council also had before it during consideration of this matter, a petition bearing approximately 25 signatures submitted by the Silverthorn Ratepayers Association, requesting that the application for a liquor licence by San Nicola Cafe be refused for the following reasons:

(i) the establishment is in close proximity to local schools;

(ii) there is limited available parking; and

(iii) it undermines community safety efforts.

The York Community Council also had before it a memorandum (June 17, 1999) from Councillor Nunziata forwarding the foregoing motion.

(A copy of the petition referred to above is on file in the Clerk's Division, York Civic Centre.)

Condolences to the Family of Frank Faubert and

Proposal to Rename an Arena in Scarborough

(City Council on July 6, 7 and 8, 1999, amended this Clause, by striking out and referring the second Operative Paragraph embodied in the Motion by Councillor Nunziata, to the Scarborough Community Council for consideration, viz.:

"BE IT FURTHER RESOLVED THAT City Council give consideration to renaming an arena, such as the Scarborough Village Recreation Centre, in honour of Frank Faubert, citizen of Toronto.")

The York Community Council recommends the adoption of the following motion (June 21, 1999) by Councillor F. Nunziata:

WHEREAS Councillor Frank Faubert who had also served as a member of the Ontario Legislature and as the last Mayor of the former City of Scarborough, passed away on Sunday, June 20, 1999; and

WHEREAS Councillor Faubert made an outstanding contribution to the residents of Scarborough and Toronto throughout his long career in public service;

THEREFORE BE IT RESOLVED that the members of the York Community Council express their condolences to Mrs. Marilyn Faubert and her family on her sad loss; and

BE IT FURTHER RESOLVED that City Council give consideration to renaming an arena such as the Scarborough Village Recreation Centre, in honour of Frank Faubert, citizen of Toronto.

The York Community Council also had before it a memorandum (June 21, 1999) from Councillor Nunziata advising of her friendship with the former Councillor Frank Faubert, and requesting that the above motion be considered by the Community Council.

424 Gilbert Avenue, Zoning By-law Amendment

Twins Peak Construction Ltd.

Ward 28, York Eglinton

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

+The York Community Council recommends that based on the findings of fact, conclusions and recommendations contained in the report dated June 3, 1999 from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of lands, that the Zoning By-law Amendment Application submitted by Twins Peak Construction Ltd. be approved, subject to the conditions outlined in the referenced report.

The York Community Council reports, for the information of Council, having:

(1) held a statutory public meeting on June 22, 1999, in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and regulations thereunder; and

(2) requested the Director, Community Planning, West District, to allow for the widening of the proposed green space at this project, by giving consideration to the possibility of narrowing the driveways, at the Site Plan approval stage.

The York Community Council submits the following report (June 3, 1999) from the Director, Community Planning, West District:

Purpose:

To consider a proposal to amend Zoning By-law No. 1-83 with respect to the property located on the west side of Gilbert Avenue south of Eglinton Avenue West, municipally known as 424 Gilbert Avenue, from PE-Prestige Employment Zone to R2-Residential Zone to permit the development of three pairs of three storey semi-detached dwellings.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that:

(1) the application by Twins Peak Construction Ltd. be approved and York Zoning By-law No. 1-83 be amended in accordance with the draft Zoning By-law attached as Schedule 1 to this report, subject to a Public Meeting to obtain the views of interested parties; and

(2) prior to the introduction of the draft Zoning By-law attached as Schedule 1 to City Council for enactment, the applicant's noise consultant submit a revised Noise Impact Study and recommendations in order to address noise concerns from the Caranci Grape lands to the satisfaction of City staff.

Background:

On March 3, 1998, Twins Peak Construction Ltd. submitted a rezoning and site plan application to permit the development of three pairs of three storey semi-detached dwellings.

Site Description and Surrounding Uses:

The vacant 0.14 ha (0.34 ac) slightly irregular shaped site is located on the west side of Gilbert Avenue south of Eglinton Avenue West (Exhibit No. 1). The site has been vacant for many years, and previously occupied by an industrial building. Topography at the site slopes down from the rear towards the southeast.

The subject lands are part of a small pocket of older industrial buildings on the west side of Gilbert Avenue. This employment area has been undergoing transition to vacant lands or non-employment uses leaving fewer and fewer industrial uses in ageing buildings. This application represents a continuation of this trend.

The surrounding land uses are as follows:

North: Fronting onto Gilbert Avenue, lands are similarly zoned PE-Prestige Employment Zone. Directly abutting the subject site (450 Gilbert Avenue) the lands are vacant and the subject of a similar rezoning application (five pairs of three storey semi-detached dwellings) which is currently under review by Planning staff. This application will be the subject of a separate report (R98-008). Further north lands are zoned PE-Prestige Employment Zone and are occupied by existing industrial uses. Beyond these industrial uses, lands are zoned MCR (Main Street Commercial/Residential) and occupied by low rise residential apartments.

South: Fronting onto Gilbert Avenue, lands are similarly zoned PE-Prestige Employment Zone and Open Space, and are occupied by an institutional use (crisis care facility for youth), existing low density residential uses (primarily single and semi-detached dwellings) and a local park (Bert Robinson Park).

West: At the rear of the site, lands are zoned Transportation and Utilities District (T) in which the Canadian National Railway (Secondary Main Line) and a single storey industrial building, Caranci Grape which warehouses, wholesales and retails grape juice for wine making purposes is located. Further west, opposite the CNR line lands are zoned R2-Residential Zone (R2) and are occupied by single, detached dwellings and a mid-rise apartment building which front onto two local streets Blackthorn Avenue and Woodenhill Court.

East: Fronting onto Gilbert Avenue lands are zoned R2-Residential Zone (R2) and occupied by low density residential uses, primarily single and semi-detached dwellings.

Proposal:

The project would consist of three pairs of three storey, semi-detached dwellings fronting onto Gilbert Avenue. Each unit have a driveway leading to at-grade integral garage. Exhibit No. 1 is a key map showing the site in relation to zoning and existing development in the area. Exhibits Nos. 2, 3 and 4 are the site plan and elevations, respectively. A summary of site statistics is provided below.

Official Plan: Prestige Employment

Zoning:

Existing PE-Prestige Employment Zone

Proposed R2-Residential Zone (R2)

Site Area: 0.14 ha (0.34 ac)

Units: 6

Density: 44 uph 18 upa

Gross Floor Area: 1 535 m² 16, 524 ft²

Floor Space Index: 0.91

Coverage 550 m² 5, 922 ft² (39%)

Landscaped Area 752 m² 8, 095 ft² (54%)

Paved Area 98 m² 1, 055 ft² ( 7%)

Height: 9.6 m (31 ft.) three storeys

Parking Required: 6 spaces Parking Provided: 12 spaces*

* (consists of 6 parking spaces required to comply with minimum by-law standard [1 space per dwelling unit] and 6 additional driveway spaces at the front of each unit)

The proposal consists of grade-related, semi-detached dwellings oriented towards Gilbert Avenue. All of the dwellings would be freehold and three storeys in height. Lot widths would generally be 6.2 m (20.3 ft.) and lot depths would be 34.6 to 37.5 m (113.5 to 123.0 ft.) due to the irregular shape of the lot. Mutual easements are proposed between each pair of semi-detached dwellings for maintenance and pedestrian access purposes. The applicant has been advised that the easements must be established as part of a part lot control and/or consent process (Exhibit No. 2).

Each dwelling unit would be approximately 255.8 m² (2, 753 ft²) in size, 5.8 m (19 ft.) in width, with a dwelling depth of 16.7 m (55 ft.) and would contain three levels of living space. The applicant has provided for a standard elevation which will be finished brick and stone veneer with asphalt roof shingles. Plans for the Gilbert Avenue frontage have been designed with peaked roof elements, and large picture windows (Exhibits Nos. 3 and 4).

Front yards would be approximately 6 m (20 ft.) in depth. The rear yard depth would be 12.3 to 14.7 m (40.3 to 48.2 ft.) due again to the irregular shape of the lot. Landscaping would be provided in individual rear and front yards and within the public boulevards along Gilbert Avenue. Parking will be provided in at-grade integral garages set back 6 m (20 ft.) from the Gilbert Avenue property line. A second parking space will be available on the driveway of each lot.

Comment:

Official Plan and Zoning By-law:

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

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

Staff have evaluated the application based on the criteria contained in Section 12.8 of the Plan, and are of the opinion that the proposed use generally satisfies those criteria as further discussed in Exhibit No. 5. A review of the Metropolitan Official Plan has not identified any City-wide issues.

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

Land Use and Site Design Considerations:

The site is located in an area with access to Gilbert Avenue and to Eglinton Avenue West which has been identified as a Metropolitan Arterial Roadway. Public transit is available on Eglinton Avenue and Caledonia Road located to the east of the site. The Works Department has not identified any concerns with respect to the capacity of the local roadway system to support the development. Staff note that the site also has convenient access to local shopping and community facilities.

The proposed residential development would be compatible with the neighbourhood to the east and south and with existing and proposed development to the north (450 Gilbert Avenue and 460 Gilbert Avenue, the subject of a similar applications for five pairs of three storey semi-detached dwellings, and two pairs of semi-detached dwellings, respectively). These applications are currently under review by Planning staff and will be the subject of a separate reports. This application would, however, place residential development in close proximity to existing industrial uses at the rear (west) of the site at the rear of 424 Gilbert Avenue (Caranci Grape Juice) and the Canadian National Railway secondary line to the west.

Staff reviewed the application within the context of the Ministry of Environment and Energy's "Guidelines on Separation Distances Between Industrial and Sensitive Land Uses", and Canadian National Railway Secondary Main Line requirements. The remaining abutting industrial use (Caranci Grape Juice) is permitted under the existing PE Zoning. Any redevelopment of the site would be subject to the provisions of the existing zoning and applicable CN requirements.

The applicant has provided a noise and vibration impact study (R²tm Associates - Noise Impact Study, September 14, 1998) which concludes that, within the context of the CNR secondary main line, mitigation measures for the ground-borne vibration are not needed for this development.

With respect to noise impact, the only recommendations the consultant has made, include forced air heating systems (with ducting sized to accommodate the future installation of air conditioning), Ontario Building Code standard exterior wall construction and approved double glazing within each dwelling unit. The consultant has also recommended that warning clauses be inserted in all title agreements, or offers of purchase and sale.

Canadian National Railway upon review of the application have objected to the application as the proposed residential development does not comply with their Secondary Main Line Requirements. Planning staff met with CN in connection with general development considerations within the area. CN staff at that time suggested that noise and safety considerations had not been adequately addressed by the applicant and that a safety berm and noise attenuation or alternate means of protection for the residential use would be required as part of the development.

Staff note that noise attenuation screening in conjunction with a safety berm has been proposed for the rezoning application on the abutting property (450 Gilbert Avenue). In addition, the applicant's noise consultant for 450 Gilbert Avenue also identified a further noise concern, which was not identified in connection with the report for this property, emanating from a refrigeration unit mounted on-top of a transport trailer at the Caranci Grape Juice property, which this site directly abuts.

With respect to CN's concerns regarding the requirement of a safety berm, staff note that there is an intervening property between CN's lands and the subject site, whereas the adjoining site at 450 Gilbert Avenue abuts directly the CN lands. The intervening property, owned by Caranci Grape Juice, is occupied by a concrete block industrial building. The building is approximately 24 m (80 ft.) in length and parallel to the rear of the subject site. Staff also note that the rear of the proposed semi-detached dwelling units will be located beyond the 30 m setback guideline identified by CN. Staff acknowledge the fact that CN's requirements include provision for the 30 m separation in conjunction with a safety berm.

The property at 422 Gilbert Avenue, also abutting the CN line, was developed within the last six years for a crisis care facility and does not have safety berm incorporated within the development. In light of exisitng site conditions including the existence of an intervening property on which an existing industrial building is located and the similar circumstances of the abutting property to the south at 422 Gilbert Avenue. Staff are of the opinion that a safety berm is not warranted as part of this development application.

Staff, however, are concerned with the noise considerations affecting the subject site. The noise concerns identified by the abutting property's (450 Gilbert Avenue) noise consultant had not been identified nor addressed by the subject property's noise consultant. Staff request that the noise consultant for the subject lands revisit his report and recommendations in order to satisfactorily address those concerns prior to Council's consideration of the amending By-law.

A second measure of protection can be provided for these industries by requiring appropriate warning clauses registered on title to the lands through consent or Site Plan Agreements. The clauses would advise future owners and occupants of existing industrial uses in the area.

Agency/Department Circulation:

In response to the circulation of plans submitted in support of this application the Municipal Standards Division of Urban Planning and Development Services, Fire Department, Toronto Hydro and Health Department have expressed no concerns regarding the proposal.

Professional Services Division of the Works and Emergency Services Department, advise that the existing municipal watermain, storm and sanitary sewer on Gilbert Avenue can adequately accommodate the development. The applicant would be required to provide municipal curbs and sidewalks that are absent on Gilbert Avenue. A grading plan is also required to the satisfaction of Works and Emergency Services (Exhibit No. 6).

The Toronto District Catholic School Board has no objection to the application. They have however, expressed their concern regarding overcrowding and the lack of permanent facilities at Dante Alighieri Catholic Secondary School. Junior grade students can be accommodated at St. Thomas Aquinas Catholic School (JK-8).

Canadian National Railway advise that appropriate mitigation measures must be incorporated within the proposed development in accordance with their Secondary Main Line Requirements (Exhibit No. 7). As noted previously, the applicant has provided Noise and Vibration Studies recommending mitigation measures and warning clauses.

Toronto Hydro staff advise that servicing requirements will be required to be confirmed to their satisfaction and that a servicing agreement may be required (Exhibit No. 8).

Parks and Recreation Services, and Toronto District School Board comments remain outstanding.

Environmental Matters:

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

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

Community Meeting:

On February 25, 1999, a community meeting was held in connection with the rezoning applications for both 424 and 450 Gilbert Avenue. Residents at that time expressed concerns with the semi-detached form of the development, vehicle parking, and snow storage.

Staff note that the semi-detached form proposed by the applicant, is compatible with exisitng single and semi-detached dwellings in the community. Parking will be provided in at-grade integral garages with a second parking space available on the driveway of each lot. There exists sufficient areas at the front of the dwelling and on the newly created public boulevard for snow storage purposes.

Further Planning Approvals and Agreements:

The applicant is requesting freehold tenure with the sale of individual lots to be facilitated through the consent process and/or the lifting of part-lot control. No application to either the Committee of Adjustment or the lifting of part-lot control has yet been received.

Conclusions:

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

Notwithstanding the project's general compliance with the Official Plan criteria, the rezoning of these lands and of the lands at 450 Gilbert Avenue would leave a remaining industrial parcel (Caranci Grape Juice) within a predominantly residential area. If the separation and acceptable environmental mitigation measures are incorporated the potential land use conflicts between the existing industrial use and residential development will be minimized.

It is recommended that the application be approved, subject to fulfillment of the following conditions:

Conditions to Approval:

1. A Public Meeting to obtain the views of interested parties.

2. Prior to the introduction of the draft Zoning By-law attached as Schedule 1 to City Council for enactment, the applicant's noise consultant shall submit a revised Noise Impact Study and recommendations in order to address noise concerns from the Caranci Grape lands to the satisfaction of City staff.

3. A site-specific amending by-law satisfactory to the City Solicitor and in accordance with the draft Zoning By-law attached as Schedule 1, shall be recommended for approval. The draft Zoning By-law provides for the rezoning of the site from PE-Prestige Employment to R2-Residential Zone and will provide for the submission of a Record of Site Condition confirming that the suitable use of the land as set out in the Record is consistent with the use for which the building permit(s) has been requested. The By-law will further make provision for lot frontage, unit width, lot area, floor space index, building height, setbacks, coverage, parking, landscaping, fencing and maximum number of units.

4. Further detailed consideration of the proposal under Site Plan Control to include inter alia:

(i) Signing of a Site Control Agreement, which may include the provision of warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area, and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of City staff and City Solicitor.

(ii) Submission of site and landscaping plans detailing fencing, curbing, grading, retaining walls, street trees, planting, noise attenuation features, to the satisfaction of City staff, and posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(iii) Provision of on-site services including a stormwater management facility and the submission of a grading plan, the signing of agreements, and the posting of financial guarantees, if required by the Works and Emergency Services.

(iv) The developer to pay the prevailing development charges in effect at the time of issuance of building permits and five percent cash in lieu of parkland dedication.

Contact Name:

Paulo Stellato, MCIP, RPP

Community Planning, West District

Tel: (416)394-6004 Fax: (416)394-6063

The York Community Council also had before it a communication (June 22, 1999) from the Planning Assistant, CN, advising that the Railway's previous comments dated March 30, 1998 are still valid.

--------

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

- Ms. Margaret Hoey - advised that due to the parking problems in the area especially when there are events in the park, that the residents are unable to access their driveways due to the number of vehicles on the street; and that there will be insufficient parking for visitors.

- Ms. Clara Creglia - stated that there is no greenery and no space for snow in the winter; visitor parking will be affected; there are vehicles to the Youth Centre for pickup, dropoff, deliveries and employees; there are large 10-12 wheel trucks parked in front of the homes blocking driveways and causing damage to properties; there will be too many residents in too small an area; enquired as to whether the boulevard will be aligned with the front grassed boulevard of the Youth Centre; and requested clarification regarding the fence along the side of this property.

Insert Table/Map No. 1

Exhibit 1 Location Map - 424 Gilbert Avenue

Insert Table/Map No. 2

Exhibit 2 - Site Plan - 424 Gilbert Avenue

Insert Table/Map No. 3

Exhibit 3 - Elevations - 424 Gilbert Avenue

Insert Table/Map No. 4

Exhibit 4 - Elevations - 424 Gilbert Avenue

Exhibit No. 5

Official Plan Criteria - Section 12.8

(i) Locations potential for employment activities

It is noted that the site is of limited size [0.14 ha (0.34 ac)], has been vacant for years and is located on the southwestern periphery of the Prestige Employment Area immediately adjacent to a predominantly residential area which extends south from Eglinton Avenue and east of Gilbert Avenue beyond Caledonia Road. This employment area contains a limited number of dated industrial buildings designated for employment uses to the north, many of which are located adjacent to existing and proposed residential uses.

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

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

While the proposed residential development would be compatible with the neighbourhood to the east and exisitng and proposed residential development to the south. It would, however, place residential development in close proximity to existing industrial at the rear of the property Caranci Grape Juice and the Canadian National Railway secondary line to the west.

A measure of protection can be provided for these existing industries by requiring appropriate warning clauses registered on title to the lands through consent or Site Plan Agreements. The clauses would advise future owners and occupants of existing industrial uses in the area.

If separation, buffering, and acceptable environmental mitigation measures are incorporated, the potential land use conflicts between the existing industrial use and residential development will be minimized.

(iii) Environmental suitability for residential, development

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

The site is located within walking distance of the commercial strip along Eglinton Avenue West, an arterial roadway, where a variety of retail facilities are available. Public transit is available on Eglinton Avenue and Caledonia Road.

Due to the limited height and proposed separation of the proposed development from adjoining residential uses, shadowing of existing residential development is not expected. Existing dwellings adjacent to the site would benefit from the introduction of residential uses on lands now zoned for industrial purposes.

The site is approximately 150 metres distance from the nearest existing public park, Bert Robinson Park, located at the end of Gilbert Avenue.

The Toronto District Catholic School Board have no objection to the application. They have however, expressed their concern regarding overcrowding and the lack of permanent facilities at Dante Alighieri Catholic Secondary School. Junior grade students can be accommodated at St. Thomas Aquinas Catholic School (JK-8). The Toronto District School Board have not provided comments to-date.

(Copies of Exhibit Nos. 6, 7 and 8, referred to in the foregoing report, were forwarded to all members of Council with the agenda of the York Community Council meeting of June 22, 1999 and copies thereof are on file in the Clerk's Division, York Civic Centre.)

Schedule 1 - DRAFT ZONING BY-LAW

CITY OF TORONTO

BY-LAW NO._________

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

(Re:424 Gilbert Avenue)

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

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

SECTION 6-AMENDED

1. That Section 6 of Zoning By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (60) as follows:

"(60) MAP 16

By changing the area shown on District Map 16, municipally known as 424 Gilbert Avenue and more particularly described in Schedule "A" hereto, from a PE District to an R2 District and by changing District Map 16 accordingly."

SECTION 16 AMENDED

2. That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (389) as follows:

"(389) LANDS - 424 GILBERT AVENUE

Notwithstanding the provisions of Subsections 3.1.4, 3.3.2, 3.3.3, and Section 8 of this By-law, the lands municipally known as 424 Gilbert Avenue which lands are more particularly described in Schedule "A" hereto and shown on the plan attached as Schedule "B" hereto, (hereinafter referred to as "the Lands") may be used for the purpose of erecting and using semi-detached houses, and accessory buildings, structures and uses subject to the following provisions:

(a) a maximum of 6 semi-detached houses shall be permitted;

(b) there shall not be more than one building, other than permitted accessory buildings on any lot, but for the purpose of this paragraph, one pair of semi-detached houses shall be considered to be one building;

(d) the maximum height of building shall be 11 metres, with not more than 3 storeys;

(e) the minimum front yard setback, rear yard depth and side yard width for all dwellings shall be measured from the main walls of the dwellings and shall be as shown on the plan attached as Schedule "B" hereto;

(f) the maximum floor space index for the Lands shall be 0.92;

(g) a minimum of 39 % of the area of the front yard of each semi-detached house shall be maintained as Green Landscaped Open Space;

(h) A building permit for the construction of the semi-detached houses, other than a foundation permit, shall not be issued in respect of the Lands, unless:

(i) the Chief Building Official for the City is in receipt of a completed "Record of Site Condition" pursuant to the Ministry of the Environment "Guideline for Use at Contaminated Sites in Ontario, February 1997", as amended or updated, marked as having been received by the Ministry of Environment along with a letter from the Ministry of Environment advising that the Record of Site Condition is not subject to an audit review; or, alternatively, a letter from the Ministry of Environment advising that the Record of Site Condition has passed a Ministry audit for compliance with the Guideline; and

(ii) The suitable use or uses for the Lands set out in Part 3 of the "Record of Site Conditions" is consistent with the use or uses for which the Building Permit application has been made; and

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

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

ENACTED and PASSED this day of , 1999.

Insert Table/Map No. 1

Schedule A

Insert Table/Map No. 2

Schedule B

450 Gilbert Avenue - Zoning By-law Amendment

1289643 Ontario Limited

Ward 28, York Eglinton

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends that based on the findings of fact, conclusions and recommendations contained in the report dated June 1, 1999 from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of lands, that the Zoning By-law Amendment Application submitted by 1289643 Ontario Limited be approved, subject to the conditions outlined in the referenced report.

The York Community Council reports, for the information of Council, having:

(2) requested the Director, Community Planning, West District, to consider at the Site Plan stage:

(a) allowances for the widening of the green space by the possible narrowing of driveways at this project;

(b) the comments of the residents regarding the density of the project, and in particular, the potential for accessory apartments;

(3) requested the Director, Parks and Recreation, West District, to:

(a) meet with the local residents to discuss enhancing the existing park space with funds the cash-in-lieu of parkland dedication; and

(b) replace the proposed minimum 60 mm caliper trees proposed by the applicant with similar trees of 200 mm caliper.

Purpose:

To consider a proposal to amend Zoning By-law No. 1-83 with respect to the property located on the west side of Gilbert Avenue south of Eglinton Avenue West, municipally known as 450 Gilbert Avenue, from PE-Prestige Employment Zone to R2-Residential Zone to permit the development of five pairs of three storey semi-detached dwellings.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that:

(1) the application by 1289643 Ontario Limited be approved and York Zoning By-law No. 1-83 be amended in accordance with the draft Zoning By-law attached as Schedule 1 to this report, subject to a Public Meeting to obtain the views of interested parties;

(2) prior to the introduction of the draft Zoning By-law attached as Schedule 1 to City Council for enactment:

(i) the applicant advise which noise mitigation measure will be utilized; and,

(ii) if the applicant chooses to make arrangements with the abutting owners of Caranci Grape to address noise impact, confirmation be provided that an agreement has been executed between the two parties involved, with disclosure of the works that are to take place on the Caranci lands, and confirmation be provided from the applicant's consultant that the noise impact has been satisfactorily mitigated in accordance with his report; and,

(iii) confirmation from Professional Services Division of the Works and Emergency Services Department that the proposal is satisfactory; and

(3) the appropriate City officials be authorized and directed to take the appropriate action to give effect thereto.

Background:

On October 5, 1998, 1289643 Ontario Ltd. submitted a rezoning and site plan application to permit the development of five pairs of three-storey semi-detached dwellings.

Site Description and Surrounding Uses:

The vacant 0.34 ha (0.85 ac) site is located on the west side of Gilbert Avenue south of Eglinton Avenue West (Exhibit No. 1). A two storey industrial building, previously used by Empire Furniture Manufacturing Co. Ltd. was once located on the site and has since been demolished. Prior to this use, the building had been occupied by other furniture manufacturing and woodworking companies. Topography at the site slopes down from the rear towards the southeast.

The rear 9 to 11 m (29 to 36 ft.) wide portion of the property is encumbered with an easement to provide an access/egress driveway for the abutting property that is located at the rear and to the southwest of the subject lands. A single storey industrial building Caranci Grape which warehouses, wholesales and retails grape juice for wine making purposes occupies this property.

The surrounding land uses are as follows:

North: Opposite an 6 m (20 ft.) wide Canadian National Railway service driveway, lands are zoned PE-Prestige Employment Zone and are occupied by existing industrial uses. Further north, lands are zoned MCR-Main Street Commercial/Residential and occupied by low rise residential apartment buildings.

South: Fronting onto Gilbert Avenue, lands are similarly zoned PE-Prestige Employment Zone. Directly abutting the subject site (424 Gilbert Avenue) the lands are the subject of a similar rezoning application to permit (three pairs of three storey semi-detached dwellings), which is currently under review by Planning staff. This application will be the subject of a separate report (R98-001). Further south, lands are zoned PE-Prestige Employment Zone and Open Space, and are occupied by an institutional use (crisis care facility for youth), existing low density residential uses and a local park (Bert Robinson Park).

West: Beyond the crest of the slope, lands are zoned Transportation and Utilities District (T) in which the Canadian National Railway (Secondary Main Line) is located. In addition to the railway are remnant industrial uses including Caranci Grape. Further west, opposite the CNR line, lands are zoned R2-Residential Zone (R2) and are occupied by single detached dwellings and a mid-rise apartment building which front onto two local streets Blackthorn Avenue and Woodenhill Court.

East: Fronting onto Gilbert Avenue lands are zoned R2-Residential Zone (R2) and occupied by low density residential uses, primarily single and semi-detached dwellings.

Proposal:

The project consists of five pairs of three storey, semi-detached dwellings fronting onto Gilbert Avenue. Each unit have a driveway leading to at-grade integral garage.

Exhibit No. 1 is the key map showing the site in relation to zoning and existing development in the area. Exhibits Nos. 2, 3 and 4 are the site plan and elevations, respectively. A summary of site statistics is provided below.

Official Plan: Prestige Employment

Zoning:

Existing PE-Prestige Employment Zone

Proposed R2-Residential Zone (R2)

Site Area: 0.34 ha (0.85 ac)

Units: 10

Density: 29 uph 12 upa

Gross Floor Area: 1721.6 m² 18, 531.7 ft²

Floor Space Index: 0.51

Coverage 860.8 m² 9, 265.9 ft² (25%)

Landscaped Area 2 282.8 m² 24, 572.6 ft² (66%)

Paved Area 290 m⁵ 3, 121.6 ft² ( 9%)

Height: 10.7 m (35 ft.) three storeys

Parking Required: 10 spaces

Parking Provided: 20 spaces *

* (consists of 10 parking spaces required to comply with minimum by-law standard [1 space per dwelling unit] and 10 additional driveway spaces at the front of each unit)

The proposal consists of grade-related, semi-detached dwellings oriented towards Gilbert Avenue. All of the dwellings would be freehold and three storeys in height. Lot widths would generally be 5.4 m (17.7 ft.) and lot depths would be 64.8 m (212 ft.). Mutual easements are proposed between each pair of semi-detached dwellings for maintenance and pedestrian access purposes. The applicant has been advised that the easements must be established as part of a part lot control and/or consent process (Exhibit No. 2).

Each dwelling unit would be approximately 172 m² (1, 851 ft²) in size 4.87 m (16 ft.) in width, with a dwelling depth of 19.5 m (64 ft.) and would contain three levels of living space. The applicant has provided for two different elevations which will be finished brick and stone veneer with asphalt roof shingles. Plans for the Gilbert Avenue frontage have been designed with with peaked roof elements, covered porches and large picture windows (Exhibits Nos. 3 and 4).

Front yards would be approximately 6 m (20 ft.) in depth. The rear yard depth would be 16.9 m (55 ft.) to the toe of the noise attenuation and safety berm slope which is proposed at the rear of the property. Landscaping would be provided in individual rear and front yards and within the public boulevards along Gilbert Avenue. In addition, the railway side of the berm will be landscaped with low maintenance plant material. The maintenance of the plant material and the paved portion of the easement will be the responsibility of each perspective land owner or by alternative arrangements to the satisfaction of the City.

Parking will be provided in at-grade integral garages set back 6 m (20 ft.) from the Gilbert Avenue property line. A second parking space will be available on the driveway of each lot.

Comment:

Official Plan and Zoning By-law:

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

Land Use and Site Design Considerations:

The site is located in an area with access to Gilbert Avenue and to Eglinton Avenue West which has been identified as a Metropolitan Arterial Roadway. Public transit is available on Eglinton Avenue. The Works Department has not identified any concerns with respect to the capacity of the local roadway system to support the development. Staff note that the site also has convenient access to local shopping and community facilities.

The proposed residential development would be compatible with the neighbourhood to the east and existing and proposed development to the south. It would, however, place residential properties in close proximity to existing industrial uses north of the site on Gilbert Avenue, southwest of the site to the rear of 424 Gilbert Avenue (Caranci Grape Juice) and the Canadian National Railway secondary line to the west. The balance of much of the lands on Gilbert Avenue north of the subject lands will remain designated for employment opportunities. However, a similar application has recently been submitted to also rezone the adjoining industrial property to the north at 460 Gilbert Avenue for 2 pairs of semi-detached dwellings.

The remaining abutting industrial use (Caranci Grape Juice) is permitted under the existing PE Zoning. Any redevelopment of the site would be subject to the provisions of the existing zoning and applicable CN requirements.

The proposed dwellings are separated from the existing abutting (Caranci Grape Juice) property and the Canadian National Railway secondary line by adequate rear yard depths. To improve the relationship of the rear yards to the abutting employment uses, the applicant, in addition to applicable noise mitigation measures, proposes to implement appropriate landscape buffering measures in the rear yard. Employment uses to the north are separated by a 6 m (20 ft.) wide Canadian National Railway service driveway. In addition to a 0.52 m (1.7 ft.) sideyard setback the applicant will implement appropriate landscape buffering measures including the installation of a wood screen fence along the north property line.

The applicant has provided the requisite studies (J. E. Coulter Associates Limited - Vibration Measurements and Noise Impact Study, April 21, 1999) which concludes that, within the context of the CNR secondary main line, mitigation measures for the ground-borne vibration is not needed for this development. However, with respect to noise impact, the consultant has made a number of recommendations including the construction of an acoustic fence (2.5 m/8 ft.) and installation of a berm (2.0 m/6.5 ft.) at the rear of the property closest to the CN Railway line. Other recommendations include forced air heating systems (with ducting sized to accommodate the future installation of air conditioning) within each dwelling unit and requisite Ministry of Environment and CN Railway warning clauses to be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or lease.

The study, however, identified a further noise concern emanating from a refrigeration unit mounted on-top of a transport trailer at the Caranci Grape Juice site. In order to address this the consultant has offered alternative solutions including the construction of a 6.25 m (20 ft.) high noise attenuation fence along the southern most property line or the repair and/or replacement of the truck type refrigeration unit located on the Caranci Grape lands.

The fence by-law for the former City of York permits the construction of acoustical fences in combination with grade alterations provided that the height of the fence does not exceed 5.1 m (16.7 ft.), where this mitigation measure is recommended by a Noise Impact Report. The recommended 6.25 m (20 ft.) high noise attenuation measure can be accommodated as a combination of an acoustical fence and rear yard grading/retaining wall feature. In the event that this alternative is pursued a revised site and grading plan will be required as part of the Site Plan Control approval.

As an alternative the applicant can repair and/or replace the truck type refrigeration unit located on the Caranci Grape lands.

The applicant is required to advise which alternative he wishes to pursue. If the applicant chooses to make the necessary arrangements with the owners of Caranci Grape to address the noise concern, prior to Council's consideration of the amending By-law, staff will require confirmation that an agreement has been executed between the two parties involved, with disclosure of the works that are to take place on the Caranci lands, and confirmation from the consultant that the noise has been satisfactorily mitigated in accordance with his report.

Agency/Department Circulation:

Parks and Recreations Services staff advise that the subject proposal is subject to a 5% cash-in-lieu of parkland dedication to be secured at the time of consent approval. The street trees species proposed by the applicant (Tilia flavescens - "Gleleven") is acceptable and should be provided at a minimum 60 mm calliper.

Canadian National Railway advise that appropriate mitigation measures must be incorporated within the proposed development in accordance with their Secondary Main Line Requirements (Exhibit No. 6). As noted previously the applicant has provided Noise and Vibration Studies recommending mitigation measures and warning clauses. These studies have been forwarded to CN for their review and comment.

Professional Services Division of the Works and Emergency Services Department, and Toronto District School Board comments remain outstanding.

Environmental Matters:

The site was formerly used for industrial purposes and soil contamination may be an issue. The applicant has submitted a Phase I Environmental Site Assessment Report, prepared by an environmental consultant, INTERA Consultants LTD. (October 3, 1997). The applicant has been advised that in addition to the investigation of the site, a Record of Site Condition, which includes an affidavit of the consultant and Ministry of Environment and Energy acknowledgement of receipt of the record, must be received by the City prior to a building permit(s) being issued for the residential use of the site. This process is in accordance with the Interim Policy and Regulation Approach for Development Applications on Contaminated Sites, which was adopted by the former City of York Council on December 11, 1996.

Community Meeting:

Staff note that the semi-detached form proposed by the applicant, is compatible with existing single and semi-detached dwellings in the community. Parking will be provided in at-grade integral garages with a second parking space available on the driveway of each lot. There exists sufficient areas at the front of the dwelling and on the newly created public boulevard for snow storage purposes.

Further Planning Approvals and Agreements:

A Site Plan Control Application has also been submitted and is being processed concurrently. The applicant is requesting freehold tenure with the sale of individual lots to be facilitated through the consent process and/or the lifting of part-lot control. No application to either the Committee of Adjustment or the lifting of part-lot control has yet been received.

Conclusions:

Notwithstanding the project's general compliance with the Official Plan criteria, the rezoning of these lands and of the lands at 424 Gilbert Avenue would leave a remaining industrial parcel (Caranci Grape Juice) within a predominantly residential area. If the separation and acceptable environmental mitigation measures are incorporated, the potential land use conflicts between the existing industrial use and residential development will be minimized.

It is recommended that the application be approved, subject to fulfilling the following conditions:

Conditions to Approval:

1. A Public Meeting to obtain the views of interested parties.

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

(i) The applicant advise which alternative mitigation measure will be utilized, and

(iii) Confirmation from Professional Services Division of the Works and Emergency Services Department that the proposal is satisfactory.

4. Further detailed consideration of the proposal under Site Plan Control to include inter alia:

(iii) Provision of on-site services including a stormwater management plan and the submission of a grading plan, the signing of agreements, and the posting of financial guarantees, if required by the Works and Emergency Services.

(iv) The developer to pay the prevailing development charges in effect at the time of issuance of building permits and five percent cash in lieu of parkland dedication.

Contact Name:

Paulo Stellato, MCIP, RPP

Community Planning, West District

Tel: (416)394-6004 Fax: (416)394-6063

The York Community Council also had before it the following communications:

(i) (June 3, 1999) from Mr. Russ Brown, 416 Gilbert Avenue, requesting to make a submission at the public meeting; and

(ii) (June 22, 1999) from Ms. Sandra Chan, Planning Assistant, CN, to the City Clerk, advising that the application has been reviewed and that the railway's previous comments of October 16, 1998, are still valid.

--------

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

- Ms. Margaret Hoey - expressed concerns regarding the noise associated with the refrigerated unit on the transport trailer at the grape juice facility adjacent to this project.

- Ms. Clara Creglia - stated that the proposal is too intense; that if the peak of this project is higher than that of the Youth Centre, then it is too high; suggested that the houses be lowered, widened and the number of families reduced to eight.

- Mr. Russ Brown - commented that the development is too dense for the size of the property; there is no greenery; insufficient backyard space; enquired as to whether the homeowners will be allowed to construct fences between properties; concerned regarding parking and noise from the grape juice facility.

- Mr. Karl Stankov, West Fairbank Ratepayers Association - enquired as to when the zoning for this area was changed; homes with two families can have approximately five cars and will have to park on a street where there are presently problems with vehicle parking; also enquired as to whether the homes will have facilities for potential accessory units; the houses should be set back with more space at the front; and concerned regarding emergency vehicle access.

- Ms. Sandra Adams - enquired as to who would be responsible for keeping the lane abutting the project accessible where there are presently a number of trucks parked; and whether the sidewalk will be aligned with 422 Gilbert; all day parking is a problem affecting the cleaning of the street; and that the current 1-hour parking regulation is not being enforced.

- Owner of 450 Gilbert Avenue - responded to concerns and enquiries of the residents.

Insert Table/Map No. 1

Exhibit 1 - Location Map - 450 Gilbert Avenue

Insert Table/Map No. 2

Exhibit 2 - Site Plan - 450 Gilbert Avenue

Insert Table/Map No. 3

Exhibit 3 - Elevations - 450 Gilbert Avenue

Insert Table/Map No. 4

Exhibit 4 - Elevations - 450 Gilbert Avenue

Exhibit No. 5

Official Plan Criteria - Section 12.8

(i) Location's potential for employment activities

It is noted that the site is of limited size [0.34 ha (0.85 ac)], has been vacant for years and is located on the southwestern periphery of the Prestige Employment Area immediately adjacent to a predominantly residential area which extends south from Eglinton Avenue and east of Gilbert Avenue beyond Caledonia Road. This employment area contains a limited number of dated industrial buildings designated for employment uses to the north, many of them are located adjacent to existing and proposed residential uses.

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

While the proposed residential development would be compatible with the neighbourhood to the east and existing and proposed residential development to the south. It would, however, place residential development in close proximity to existing industrial uses north of the site on Gilbert Avenue, southwest of the site to the rear of 424 Gilbert Avenue (Caranci Grape Juice) and the Canadian National Railway secondary line to the west. The balance of the lands on Gilbert Avenue north of the subject lands will remain designated for employment opportunities for the interim.

If separation, buffering, and environmental mitigation measures are incorporated, the potential land use conflicts between the existing industrial use and residential development will be minimized.

(iii) Environmental suitability for residential development

The site was formerly used for industrial purposes and soil contamination may be an issue. The applicant has submitted a Phase I Environmental Site Assessment Report, prepared by an environmental consultant, INTERA Consultants LTD. (October 3, 1997). ). The applicant has been advised that in addition to the investigation of the site, a Record of Site Condition, which includes an affidavit of the consultant and Ministry of Environment and Energy acknowledgement of receipt of the record, must be received by the City prior to a building permit(s) being issued for the residential use of the site. This process is in accordance with the Interim Policy and Regulation Approach for Development Applications on Contaminated Sites, which was adopted by the former City of York Council on December 11, 1996.

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

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

The site is approximately 150 metres distance from the nearest existing public park, Bert Robinson Park, located at the end of Gilbert Avenue.

Exhibit 6

(Letter dated October 16, 1998 from Sandra Chan, CN Engineering Services)

We have reviewed your letter dated September 30, 1998 regarding the above noted application.

Residential development adjacent to the railway righ-of-way is not appropriate without impact mitigation measures to reduce the incompatibility. The proposed residential use would be expected to comply withthe attached Secondary Main Line Requirements.

We specifically request that the City include the setback requirement in the Zoning By-law Amendment and that the owner register on title an Agreement with CN, stipulating how CN's concerns will be addressed, prior to the passing of the By-law.

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

We would appreciate the opportunity to comment on any proposed modification prior to its adoption and ultimately, we request notice of the Amendment being approved.

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

Schedule 1 - DRAFT ZONING BY-LAW

CITY OF TORONTO

By-law No._________

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

(Re: 450 Gilbert Avenue)

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

SECTION 6-AMENDED

1. That Section 6 of Zoning By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (59) as follows:

"(59) MAP 16

By changing the area shown on District Map 16, municipally known as 450 Gilbert Avenue and more particularly described in Schedule "A" hereto, from a PE District to an R2 District and by changing District Map 16 accordingly."

SECTION 16 AMENDED

2. That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (388) as follows:

"(388) LANDS - 450 GILBERT AVENUE

Notwithstanding the provisions of Subsections 3.1.4, 3.3.2, 3.3.3, and Section 8 of this By-law, the lands municipally known as 450 Gilbert Avenue which lands are more particularly described in Schedule "A" hereto and shown on the plan attached as Schedule "B" hereto, (hereinafter referred to as "the Lands") may be used for the purpose of erecting and using semi-detached houses, and accessory buildings, structures and uses subject to the following provisions:

(a) a maximum of 10 semi-detached houses shall be permitted;

(d) the maximum height of building shall be 11 metres, with not more than 3 storeys;

(f) the maximum floor space index for the Lands shall be 0.52;

(g) a minimum of 19 % of the area of the front yard of each semi-detached house shall be maintained as Green Landscaped Open Space;

(h) A building permit for the construction of the semi-detached houses, other than a foundation permit, shall not be issued in respect of the Lands, unless:

(ii) The suitable use or uses for the Lands set out in Part 3 of the "Record of Site Conditions" is consistent with the use or uses for which the Building Permit application has been made; and

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

ENACTED and PASSED this day of , 1999.

Insert Table/Map No. 1

Schedule A

Insert Table/Map No. 2

Schedule B

Lands on the West Side of Weston Road between

Buttonwood Avenue and Dora Spencer Road

Applicant: R. Kowalczyk for B.G. Schickedanz Central Inc.

Ward 27, York Humber

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends that based on the findings of fact, conclusions and recommendations contained in the report dated June 3, 1999 from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of lands, that the Zoning By-law Amendment Application submitted by R. Kowalczyk for B.G. Schickedanz Central Inc. be approved, subject to the conditions outlined in the referenced report.

The York Community Council reports, for the information of Council, having held a statutory public meeting on June 22, 1999, in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and regulations thereunder;

The York Community Council submits the following report (June 3, 1999) from the Director, Community Planning, West District:

Purpose:

To consider a proposal to amend Zoning By-law No. 1-83 to change the zoning from R3-Residential Zone to LCR-Local Commercial/Residential Zone to permit a one-storey, 1,169 m² commercial development consisting of two buildings.

Funding Sources, Financial Implications, and Impact Statement:

None.

Recommendations:

It is recommended that:

(1) the application by B.G. Shickedanz Central Inc. be approved and the Zoning By-law 1-83 for the former City of York be amended generally in accordance with the draft Zoning By-law attached as Schedule 1 to this report and worded to the satisfaction of the City Solicitor, subject to a Public Meeting to obtain the views of interested parties; and

(2) the appropriate City officials be authorized and directed to take the appropriate action to give effect thereto.

Background:

The vacant site is located on the west side of Weston Road between Buttonwood Avenue and Dora Spencer Road with a frontage of 83 metres (272 feet) along Weston Road and an area of 3,278 m² (35,285 ft²) (See Appendix 1 - Location Map). It is part of the Riverboat Landing development at 1400 Weston Road.

The surrounding land uses are:

North: A mixed use residential and commercial development site at 1400 Weston Road (Riverboat Landing), now under construction

East: Commercial and industrial uses on the east side of Weston Road

South: A three-storey apartment building and a commercial use south of Buttonwood Avenue

West: Detached two-storey houses

Proposal:

The applicant has applied for a rezoning to allow a commercial development on the site. It consists of two single storey buildings fronting on Weston Road with parking at the rear (See Appendix 2 - Site Plan and Appendix 3 - Elevations). The proposed larger building will consist of four retail units and the proposed smaller building will be a single retail unit. Vehicular access will be from Weston Road into the parking lot at the west (back) side of the site. Pedestrians will gain access to the shops from Weston Road and the parking lot.

A summary of the site statistics is as follows:

Lot Area 3,278 m² 35,285 ft²

Retail Area 1 800 m² 8,611 ft²

Retail Area 2 369 m² 3,972 ft²

Total Retail Area 1,169 m² 12,583 ft²

Parking Spaces 38

Density 0.36

Comment:

Official Plan and Zoning By-law:

The Official Plan places the site in a Medium Density Residential Area. The allowed uses are multiple unit forms of housing, rooming boarding and lodging houses, crisis care facilities, schools, places of worship, day-care centres, private clubs, limited office uses, and minor commercial uses, providing a convenience to the local population and limited accordingly in size and orientation. The size and density of the two proposed retail buildings are small and the uses are oriented to an arterial road. The proposed development meets the policies of the Official Plan.

The site is in an R3 zone that allows a number of residential uses including: single, semi-detached and duplex houses, townhouses, schools, places of worship, day nurseries, group homes, but does not permit retail uses. A rezoning is required in order to allow the proposed use.

Land Use and Site Considerations:

(a) Commercial Uses in a Residential Area

While the site is zoned R3, it is located on Weston Road, a major arterial, and is oriented to this main street. The proposed commercial use will not impact on the low density residential uses on Buttonwood or Laxis Avenues, as it will have a fence and the parking lot to buffer the two uses. The residents and local businesses support the use. The proposed use is appropriate in this instance.

(b) Local Commercial/Residential Zone

Planning staff are recommending that the zoning be changed to a Local Commercial/Residential Zone that allows townhouses, apartment houses, nursing homes, retail stores, offices, restaurants, recreational uses, theatres, public garages and institutional uses. This will allow the developer some flexibility in attracting tenants and in redeveloping the site. The current proposal meets the regulations and use requirements for this zone with respect to height, density, setbacks, and the proposed retail uses.

The Local Commercial/Residential Zone designation is the most appropriate in this instance. The draft Zoning By-law, attached, changes the site to an LCR zone and exempts it from the current by-law provision that the access must be from Buttonwood, a flanking street, which will no longer have direct access to Weston Road.

Some of the issues raised by the public, as discussed below, with respect to design, safety and access will be addressed at site plan approval stage. Landscaping, lighting and fencing will be reviewed to maximize safety and create appropriate buffers and green areas on the site. An application for Site Plan Approval has not been received as yet.

Agency/Department Circulation:

The Works and Emergency Services Department requests the following: all vehicular traffic be from Weston Road; a stormwater management report be submitted at Site Plan Approval stage; and, that the garbage area is to be enclosed. The Weston Road access is required to have a 7 metre width with a 5 metre northerly curb radius and 7.5 metre southerly curb radius and a throat length of 6 metres. Trees and decorative banding are also required along the Weston Road right of way. These matters will be resolved at site plan approval stage.

The Buildings Section indicated that the proposal would meet the LCR requirements except for access from a flanking street and sideyard setback. The latter has been re-examined and the side yard setbacks do comply, as the site is not adjacent to an R1 or R2 District.

The Fire Prevention Section has no comments to submit.

By-law enforcement has an active file on a fence matter.

Community Meeting:

A Community Information Meeting was held in order to inform local residents and businesses of the proposed change, and receive their opinions on the development of the two commercial buildings. The Weston Business Association supported the proposed development of the lands for commercial purposes. The Black Creek Business Area Association endorses the proposal but required clarification on whether this development was in lieu of the commercial development on the larger piece of property at 1400 Weston Road. Planning staff confirmed that this was a totally separate proposal.

One resident was concerned that the change of use would allow private clubs and places of worship. Planning staff clarified that although the existing zoning would permit places of worship but not private clubs, the proposed LCR zoning does not permit these uses. A larger development for the site was contemplated, as this is a main street area; however, the applicant considered the cost of underground parking and the size of the lot and determined that this type of development would be too expensive to build.

The Buttonwood Avenue access to Weston Road will be closed and reconstructed as a cul-de-sac in the near future, as this is currently an unsafe intersection. A bus route has recently been added to Buttonwood Avenue and there is concern that the closing will affect the bus route. Staff is researching the impact of the closing with respect to the continuation of the existing bus service, however the closing does not have any impact on the and is not an impediment to the construction of the commercial buildings on the lands.

Safety issues were discussed. The project was circulated to the Toronto Police Department who reviews development proposals for safety concerns. In addition Urban Design staff has reviewed the plans and no issues were raised. The lighting, signage, landscaping and other details will again be reviewed for safety at the Site Plan Approval stage.

Conclusion:

It is recommended that the application and Zoning By-law Amendment be approved, in accordance with the draft Zoning By-law attached as Schedule 1, subject to the holding of a Planning Act Public Meeting.

Contact Name:

Wendy Johncox, MCIP, RPP

Senior Planner

Tel: (416) 394-2868 Fax: (416) 394-2782

The York Community Council also submits the following communication (June 18, 1999) from Mr. Stanley B. Stein, Osler, Hoskin & Harcourt, Barristers and Solicitors, to the City Clerk:

We are writing on behalf of Procter & Gamble Inc. the owner and operator of the industrial facilities located at 1551 Weston Road.

It is our understanding that the above-noted application by Schickedanz Central Inc. is for a relatively small retail commercial development with no residential components. This project in itself causes no specific concerns to Procter & Gamble. However, Procter & Gamble remains concerned that Schickedanz may be preparing to seek approvals for high-rise residential buildings at 1400 Weston Road, immediately opposite the Procter & Gamble plant. Procter & Gamble wishes both the City and the developer to be aware of its intended opposition to any such residential development. Accordingly, the subject proposal for a small commercial development between Dora Spencer Drive and Buttonwood Avenue should not be used as a basis in the future to claim that there is some unused "potential" residential density at 1400 Weston Road.

Please keep us advised of the progress of the above-noted application including providing us with copies of any staff reports and notification of any further public meetings or acts of Council respecting this matter.

Thank you for your assistance.

The York Community Council also had before it the following communications:

(i) (June 22, 1999) from Ms. Susan Reynolds, Administrator, Our Lady of Victory Place, Seniors Residence, advising that there are children residing at Our Lady of Victory Place and with the new subdivision there will be more children in the area; and that consideration should be given to the installation of playground equipment.

(ii) (June 18, 1999) from John and Joanne Gaffey, 25 Laxis Avenue, stating the following enquiries:

(a) Will there be garbage bins behind the sotes, and if so, how will the rodent problem be contained? Their backyards adjoin with our backyards.

(b) Will lights be installed to control loitering and will they also shine in our backyards and invade our privacy.

(d) What kind and how high a fence will be installed. Bramalea installed a fence along the back of our properties and along Dora Spencer Road, but they have not been maintained and we are missing a large section that is now used as an entrance from Laxis Avenue to Dora Spencer Road.

(e) We already have a large drug and prostitution problem in Weston and do not need more areas for them to do trade.

--------

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

- Ms. Susan Reynolds, Administrator, Our Lady of Victory Seniors Residence - advising that there are no playground facilities and that this should be taken into consideration for this development.

- Mr. Fred Caines, Procter & Gamble - requested notification on the progress of this development.

- Mr. Lorne Berg, Executive Director, Black Creek Business Area Association - requested that staff forward a draft of the Site Plan document to the Police for review.

- Ms. Marjorie Sutton, Mt. Dennis Community Association - expressed pleasure with the proposal; the project is being carefully developed; that commercial facilities are needed in the area since there is a seniors building nearby; and would like to see a drugstore for the seniors.

- Ms. Ella Jackson - stated that the Weston Road/Jane Street/Buttonwood Avenue is a high traffic, dangerous intersection; enquired as to whether a traffic study been done; the former Metro had plans to widen Weston Road and stipulated that setback for new buildings; has this plan addressed this issue; enquired as to the status of the proposed widening of Weston Road; commented that the sidewalks are very narrow and enquired as to how wheelchair accessible they would be, in view of the proximity of Westpark Hospital and residents being integrated into the community.

- Mr. R. Kowalchyk, Applicant, was present to respond to questions and comments.

Schedule 1: Draft Zoning By-law

CITY OF TORONTO

BY-LAW NO._________

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

(Re: Lands-West side of Weston Road between Dora Spencer Road

and Buttonwood Avenue)

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

SECTION 6-AMENDED

1. That Section 6 of Zoning By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (61) as follows:

"(61) MAP 22

By changing the area shown on District Map 22, known as Lands- on the west side of Weston Road between Dora Spencer Road and Buttonwood Avenue and more particularly described in Schedule "A" hereto, from a R3-Residential Zone District to an LCR-Local Commercial/Residential Zone District and by changing District Map 22 accordingly."

2. That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (391) as follows:

"(391) LANDS - WEST SIDE OF WESTON ROAD FROM DORA SPENCER DRIVE TO BUTTONWOOD AVENUE"

Notwithstanding the provisions of Subsection 11.3.1(7) of this By-law, the lands described in Schedule "A", may be used for the purpose of erecting and using buildings for any use permitted in Section 11 of this By-law.

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

ENACTED and PASSED this day of , 1999.

Schedule "A" to By-law No.____________

Part of Lot 5 , Registered Plan 652, City of Toronto (formerly City of York, in the Municipality of Metropolitan Toronto) being composed of Parts 1 and 2 inclusive on Reference Plan of Survey No. 66R-16353 deposited in the Land Titles Division of Toronto (No.66).

Insert Table/Map No. 1

Exhibit 1 - Location Map - B.G. Schickendanz Inc.

Insert Table/Map No. 2

Exhibit 2 - Site Plan - Schickendanz Inc.

Insert Table/Map No. 3

Exhibit 3 - Elevations - Schickendanz Inc.

Insert Table/Map No. 4

Exhibit 3 (cont'd)

By-law to Stop-Up, Close and Convey Part of the

Keelesdale Road and Photography Drive Road Allowances

Ward 27, York Humber

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council reports, that pursuant to Clause 13, of Report No. 2 of the Corporate Services Committee, adopted by Council on March 2, 3 and 4, 1999, notice of the public hearing held by the York Community Council on June 22, 1999, with respect to the proposed by-law To Stop-Up and Close portions of Keelesdale Road and Photography Drive and to authorize the conveyance of such lands, was published in the York Guardian on May 28, June 4, June 11 and June 18, 1999, and that no one appeared at the public hearing to address the York Community Council.

The York Community Council recommends that as the requirements of the Municipal Act have been fulfilled and no evidence has been presented to the York Community Council to persuade it that the propose by-law should not be enacted, that the by-law to Stop-Up and Close the portions of Keelesdale Road and Photography Drive shown as Areas 1, 2 and 3 on the attached Plan SYE2917 and to authorize the conveyance thereof, in the form of the attached Draft By-law, subject to the appropriate legal description being inserted in section 1 thereof, following the deposit of the necessary reference plan in the appropriate Land Registry Office, be enacted by Council:

The York Community Council submits the following report (June 17, 1999) from the Acting Commissioner of Corporate Services:

Purpose:

To enact a by-law to stop-up, close, and convey part of the Keelesdale Road and Photography Drive road allowances.

Financial Implications:

None.

Recommendations:

It is recommended that:

(1) a by-law in the form of the attached draft (Appendix 1)to stop-up, close, and convey those parts of Keelesdale Road and Photography Drive shown as Areas 1, 2 and 3 on the attached Plan SYE2917 be enacted, subject to the appropriate legal description being inserted in section 1 of the attached draft following the deposit of the necessary reference plan in the appropriate Land Registry Office; and

(2) the appropriate City officials be authorized and directed to take the appropriate action to give effect thereto.

Background:

City Council, at its meeting held on March 2, 3, and 4, 1999, approved Clause 13 of Corporate Services Committee Report No. 2, authorizing staff to initiate the process to stop-up, close, and convey those portions of Keelesdale Road and Photography Drive intended to be included in the proposed land exchange, in the south-west quadrant of Eglinton Avenue West and Black Creek Drive.

Comments:

As directed by City Council, negotiations are proceeding with a view to finalizing the terms and conditions of a land exchange between the City and Rutledge Development Corporation (Rutledge). The City will achieve assembly of a site to satisfy its needs for a future transit facility in the south-west quadrant of Black Creek Drive and Eglinton Avenue West while Rutledge will complete an assembly of the former DRENA holdings, Ministry of Transportation of Ontario lands, together with the subject City road allowances for a 9,300 m² retail plaza development.

Accordingly, a by-law is required to stop-up, close, and convey these parcels of land in order to complete the land exchange with Rutledge.

The land exchange proposal provides for Rutledge to acquire Areas 1, 2, and 3 on the attached plan (Appendix 2) for assembly with the DRENA holdings and land Rutledge is acquiring from MTO. Rutledge will take title to the lands under the name of Black Creek Property Limited.

Part of the former DRENA holdings, identified as Area 4, will be transferred by Rutledge to the City, together with Areas 5 and 6 that Rutledge will first acquire from MTO.

Area 7 will be dedicated to the City for a corner rounding at the intersection of Eglinton Avenue West and Black Creek Drive.

Area 8 is already owned by the City. The combined Areas 4, 5, 6, and 8 will provide the land base for the City's future transit facility.

In summary, Rutledge will transfer 0.4371 ha (1.08 acres) to the City for the future transit facility, and the City will transfer 0.3319 ha (0.82 acre) to Rutledge, for a difference of 0.1052 ha (0.26 acre). Rutledge has also proposed to transfer to the City an additional parcel, which is surplus to MTO, comprising 0.1659 ha (0.41 acre), located at the south-west corner of the intersection of Black Creek Drive and Photography Drive. This additional parcel could serve as open space or a billboard sign location.

Discussions are ongoing with Rutledge regarding the terms and conditions of the land exchange.

A further report will be submitted in due course to the Administration Committee with regard to the land exchange agreement.

Conclusion:

It is recommended that a by-law to stop-up, close, and convey the surplus portions of road allowances be approved. Once the required survey plan is registered, the appropriate Parts can be included in the by-law for enactment by Council.

Contact Name:

Francois (Frank) G. Bedard

Manager, Realty Services

Etobicoke-York Districts

Telephone: 392-1256; Fax: 392-1880

Appendix 1

CITY OF TORONTO

DRAFT BY-LAW NO.__________

(To Stop-Up and Close portions of the public highways

Keelesdale Road and Photography Drive near the south-west intersection

of Eglinton Avenue West and Black Creek Drive and

to Authorize the Sale thereof)

WHEREAS it is recommended that portions of the public highways Keelesdale Road and Photography Drive near the south-west intersection of Eglinton Avenue West and Black Creek Drive be stopped-up and closed as public highways and be sold on terms and conditions to be determined by Council; and

WHEREAS notice of the proposed by-law to stop-up and close the said portions of public highways and to authorize the sale thereof was published in the York Guardian on May 28, June 4, June 11, and June 18, 1999;

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

1. The portions of the public highways Keelesdale Road and Photography Drive near the south-west intersection of Eglinton Avenue West and Black Creek Drive, are hereby stopped-up and closed as public highways.

2. The soil and freehold of the portions of public highways stopped-up and closed by Section 1 of this By-law shall be sold on terms and conditions to be determined by Council.

ENACTED and PASSED this day of , 1999.

Insert Table/Map No. 1

Map of Parts of Keelesdale Road and Photography Drive

Lands at the South-West Corner of Eglinton Avenue West

and Black Creek Drive - Official Plan and Zoning By-law Amendment

Application; Applicant: Rutledge Development Corp.

Ward 27, York Humber

(City Council on July 6, 7 and 8, 1999, adopted this Clause, without amendment.)

The York Community Council recommends that:

(1) based on the findings of fact, conclusions and recommendations contained in the Supplementary report dated June 18, 1999, and the report dated June 3, 1999, from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of lands, that the Official Plan and Zoning By-law Amendment Application submitted by Rutledge Development Corporation be approved, subject to the conditions outlined in the referenced report;

(2) notwithstanding Planning staff reports, that City Council maintain its current position of a GO Transit facility at Black Creek Drive and Eglinton Avenue West, on the prioritized list of proposed GO Stations in the City of Toronto; and

(3) the Toronto Transit Commission be requested to provide appropriate greening and maintenance of the lands at the north-west section of the site.

The York Community Council reports, for the information of Council, having:

(i) held a statutory public meeting on June 22, 1999, in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and regulations thereunder;

(ii) referred the request of the Rutledge Development Corporation that any surplus from the exchange of lands with City, be applied as a credit towards the 2% cash-in-lieu of parkland calculation and/or other municipal charges to ensure an equal value exchange, to the Administration Committee for consideration on July 13, 1999; and

(iii) requested the Director, Community Planning, West District, to consult with the Police at the Site Plan process stage, with a view to the Police undertaking a safety audit.

The York Community Council submits the following Supplementary Report (June 18, 1999) from the Director, Community Planning, West District:

Purpose:

To provide additional information for Council's consideration.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that:

(1) the Conditions to Approval attached to the Planning report of June 3, 1999, be replaced with the revised Conditions to Approval attached hereto;

(2) the draft by-law attached as Schedule 1 to the Planning report of June 3, 1999, be replaced with the draft by-law (Schedule 1) attached hereto; and

(3) the appropriate City officials be authorized and directed to take the appropriate action to give effect thereto.

Background:

Since the preparation of the Planning report dated June 3, 1999, comments have been received from the Works and Emergency Services Department and additional information has been provided from the City's Legal Division regarding the proposed draft by-law. These comments are discussed below.

Comment:

Works and Emergency Services Comment

A comment from Works and Emergency Services was received on June 18, 1999, (Exhibit No. 1). Works staff reviewed traffic and transportation matters, servicing (sanitary, watermain, storm) capacity, existing watermain easement requirements, storm drainage, environmental requirements, survey and mapping needs, and solid waste refuse collection requirements. Staff have not identified any objections to the approval of the Official Plan and Zoning By-law Amendment application. However, a number of requirements and conditions have been identified which must be fulfilled prior to the issuance of any building permit(s). These requirements have been incorporated within the Conditions of Approval attached to this report.

Draft Zoning By-law

Comments from the Legal Division, regarding the form and content of the draft by-law, have resulted in two minor changes. In Section 2, the first reference to Section 3.1.2 has been eliminated and in Section 2A(i) the words "floor space" have been replaced with gross floor area.

Comments from Works and Emergency Services (Exhibit No. 1) regarding parking have resulted in changes to the proposed parking requirement. Section 2A(iii) has been revised to read, "Parking for a supermarket shall be provided at a rate of 1 parking space per 20 m² of gross floor area.

Parking and loading for all other uses shall be provided in accordance with Section 3.2 of this By-law." In effect this would increase the parking requirement from the current 1 space per 28 m² of gross floor area which exists in the York Zoning By-law to 1 space per 20 m².

Planning staff have also revised Section 2 of the draft by-law to add restaurants (restaurant; licensed, restaurant; and, take-out eating establishments) as permitted uses in Block 'A'. This would permit a restaurant within the supermarket and within the proposed one-storey, future commercial building. Restaurant uses were requested by the applicant in the Zoning Amendment application and staff have no objection to the use, provided that parking is provided in accordance with the York Zoning By-law requirements.

Conclusion:

The recommendations contained in the Works and Emergency Services comment have been incorporated into the revised Conditions of Approval contained in this report. The proposed draft zoning by-law has been revised in accordance with comments received from Works and the City's Legal Division and is attached as Schedule 1.

Staff recommend that this report be received by Council for information and that the Conditions of Approval and the draft zoning by-law contained in the Planning report of June 3, 1999, be replaced with the revised Conditions of Approval and draft by-law attached to this report.

Conditions to Approval

1. The enactment of an Official Plan Amendment exempting the site from Site Specific Official Plan Policy Sections 21.8J(1b(i)) and 21.8M(2), in accordance with draft OPA No. 154 (Exhibit No. 13).

2. The enactment of an amending by-law to permit the retail development and transportation facility on City lands which generally shall be in accordance with the draft zoning by-law attached as a Schedule to this report and worded to the satisfaction of the City Solicitor.

3. Further detailed consideration of the proposal in conjunction with the Site Plan Control review and approval shall require the resolution of the following, among other matters:

(i) The payment of 2% cash-in-lieu of parkland, and any applicable development charges.

(ii) Signing of a Development Agreement and payment of the necessary fees associated with the preparation, execution and registration of same, if required.

(iii) Signing of a Site Control Agreement and dedication of any required road dedications.

(iv) The submission of a landscaping plan detailing curbing, walkways, grading, and plant materials to the satisfaction of the Urban Planning and Development Services Department and the posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(v) Provision of a lighting plan to the satisfaction of the Urban Planning and Development Services Department.

(vi) Submission of a site plan detailing location and operation of loading dock operations to the satisfaction of Works and Emergency Services, the TTC and Urban Planning and Development Services. Shared access arrangements for driveway shall also be provided to the satisfaction of Works and Emergency Services, the TTC and Urban Planning ad Development Services.

(vii) Confirmation that the soil conditions on the development site comply with the criteria established by the Ministry of Environment and Energy for the commercial development of a site.

(viii) Provision of a plan detailing the location, height and content of the Safety Berm to the satisfaction of Canadian National Railways.

(ix) Confirmation that the Site Plan meets barrier-free design standards.

(x) The following requirements shall be provided to the satisfaction of Works and Emergency Services:

(a) Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the issuance of a building permit for this project, functional designs of the proposed access driveways;

(b) Pay all costs associated with the construction of the access driveways and any related improvements on Eglinton Avenue West and Black Creek Drive;

(c) Pay all costs associated with the modifications to the traffic signals at the Eglinton Avenue West/Black Creek Drive intersection which are required to accommodate this development;

(d) Provide and maintain a minimum of 1 parking space for each 20 square metres GFA of retail space for this project;

(e) Provide a Municipal Servicing Report from a consulting engineering firm detailing the proposed servicing for this site including storm and sanitary drainage and water supply for the site and any external servicing requirements for the approval of the Commissioner of Works and Emergency Services;

(f) Provide Stormwater Management reports providing details of storm quantity and quality issues for the site requirements for the approval of the Commissioner of Works and Emergency Services;

(g) Provide drawings specifications and pay for the construction of the approved services;

(h) Submit for the approval of the Commissioner of Works and Emergency Services a Soils and Groundwater Remediation Report by a geotechnical consultant providing details for the condition of the site and any remediation measures required as per the current Ministry of the Environment guidelines for this proposed development. As well, the report shall comment on the presence or otherwise of methane gas and or sulphur dioxide.

(i) The owner is required to submit a Material Recovery and Waste Reduction Plan for each development site plan application.

(j) Apply for revised municipal numbering prior to obtaining building permits, the application for which must include a site plan showing the entrances to the proposed buildings and plans of survey for the development;

(k) Provide all necessary Reference Plans of survey in metric units and referenced to the Ontario Coordinate System for the various agreements and land exchanges or conveyances; and

(l) Provide final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed buildings to enable the preparation of building envelope plans.

Contact Name:

Paul Zuliani, Area Planner

Community Planning, West District

Tel: (416) 394-8230

Fa x: (416) 394-6063

Exhibit No. 1

(Communication dated June 15, 1999 from the Acting Manager,

Development Services, Districts 1 & 2, Works & Emergency Services

to the Manager, Community Planning West District)

I refer to the application by the Rutledge Development Corporation to, among other things, amend Section 16 (Subsection 336) of Zoning By-law No. 1-83 to permit a proposed supermarket on the lands bounded by Eglinton Avenue West, Black Creek Drive and the CNR/CPR rail corridor. The following is a consolidation of the comments received from the various sections of Works and Emergency Services.

A. SURVEY AND MAPPING REQUIREMENTS

The site is comprised of several properties some of which are owned by the Ontario Ministry of Transportation and the City of Toronto, Keelesdale Road (proposed to be closed) and may include portions of Photography Drive. These lands should be combined into one development site for the purposes of assessment and municipal numbering.

For the purposes of assessment Official Record municipal numbering, land exchanges or conveyances and the preparation of legal descriptions and building envelope plans, the applicant should be required to:

- apply for revised municipal numbering prior to obtaining building permits, the application for which must include a site plan showing the entrances to the proposed buildings and plans of survey for the development;

- provide all necessary Reference Plans of survey in metric units and referenced to the Ontario Coordinate System for the various agreements and land exchanges or conveyances; and

- Provide final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed buildings to enable the preparation of building envelope plans.

Please be advised that the Reference Plans of survey and final approved drawings should be submitted at least three weeks prior to the introduction of Bills in Council.

B. TRANSPORTATION SERVICES

A traffic impact review of the proposed development, dated April 22, 1999, has been prepared by Marshall Macklin Monaghan Limited on behalf of the applicant to address the issues outlined in my April 12, 1999 memorandum. The consultant has assessed two development scenarios: one with a 7,430 square metre supermarket plus 150 high-rise apartment units, and the second with a 7,430 square metre supermarket plus an additional 930 square metres of retail space to replace the apartment units. I note that the most recent preliminary site plan submitted for this project (dated April 15, 1999) shows only the all-retail scenario. My comments on this submission are as follows, although additional detailed comments will be provided upon the submission of a site plan application for this project.

1. SITE ACCESS

The provisions of the Zoning By-law prohibit direct vehicular access from Eglinton Avenue West or Black Creek Drive, other than access to a possible future Transit Gateway Facility, at any location other than at Street 'A' (the loop road identified in Schedule 'E' to Section 16 (Subsection 336) of the Zoning By-law). Site access for the proposed supermarket is proposed at the following 4 locations:

- at 2 locations with full turning movements on Photography Drive;

- on Eglinton Avenue West at a right-in/right-out driveway approximately 145 metres west of Black Creek Drive; and

- on Black Creek Drive at a right-in/right-out driveway approximately 180 metres south of Eglinton Avenue West.

1.1 Eglinton Avenue West Driveway

The proposed location of the right-in/right-out driveway on Eglinton Avenue West has been designed to accommodate the driveway for a future Transit Gateway Facility, which I understand, is acceptable to TTC staff. The consultant has also indicated that the location of the driveway satisfies the York City Centre Design Guidelines with respect to the protection of a future ring road to serve the development potential of this area.

The driveway, which may be signalized in the future in conjunction with the construction of the Transit Gateway Facility, would be located approximately 145 metres to the west of the Eglinton Avenue West/Black Creek Drive intersection, which is considerably less than 200-metre spacing typically required between traffic signals on arterial roads. Recognizing, however, that the location is generally consistent with the location of Street 'A' referred to in the Zoning By-law, and maintains adequate left turn storage length and taper for the eastbound left turns from Eglinton Avenue West to Black Creek Drive, it is acceptable in principle.

The proposed access driveway would be located on City lands that are proposed to be used, in the future, to accommodate the transit terminal. The applicant is advised that rights-of-way for the use of this private driveway must be secured from the City. The applicant is further advised that access to the parking and loading facilities provided for the supermarket may be temporarily disrupted during the construction of the transit terminal.

A functional plan of the proposed access driveway must be submitted in conjunction with the site plan application for this project in order to ensure that adequate sightlines are provided at this access location, particularly in light of the grades and elevations in this area. The functional plan must be submitted for review and be approved by this Department prior to the issuance of a building permit for this project.

1.2 Black Creek Drive Driveway

The proposed right-in/right-out driveway on Black Creek Drive would be located approximately 180 metres south of Eglinton Avenue East. Due to the prevailing operating speeds and conditions on Black Creek Drive, a right turn lane with a 45-metre taper and 25-metre parallel lane, is proposed to accommodate right turning inbound vehicles. This is acceptable in principle.

A functional plan of the proposed right turn lane must be prepared by the applicant's consultant and submitted for review and approval by this Department. Given that the construction of the right turn lane constitutes a highway alteration under the provisions of the Municipal Act, with the requisite statutory public notification and public hearing, the functional plan should be submitted as soon as possible in order to ensure that the By-law authorizing this highway alteration is enacted prior to the issuance of the building permit for this project. The applicant is advised that failure to submit the required functional plan in a timely manner, which was required in Recommendation No. 1(b) of my April 12, 1999 memorandum, could potentially delay the issuance of the building permit.

2. TRAFFIC ASSESSMENT

The consultant has estimated that the traffic generated by the proposed development, for the 2 scenarios, would be as follows:

LAND USE
P.M PEAK HOUR SATURDAY PEAK HOUR

	Inbound	Outbound	Inbound	Outbound
Supermarket + Apts.	506	476	534	506
Supermarket + Retail	533	511	563	540

The forecasted traffic volumes summarized above are greater than the traffic volumes which were estimated to be generated by the development previously approved for this site (375 inbound and 440 outbound vehicle trips during the p.m. peak hour). Consequently, the consultant was requested to assess the impact of the additional forecasted traffic volumes on the operations of the driveways and adjacent intersections in the area under future conditions. The consultant determined that the road network could accommodate the traffic generated by the proposed development, with the southbound right turn lane on Black Creek Drive described above, and with signal timing and phasing modifications at the Eglinton Avenue/Black Creek Drive intersection, comprising the introduction of a westbound left turn green arrow phase and signal optimization.

I have reviewed the traffic assessment and generally concur with the conclusions of the consultant. The owner is required to pay for all costs associated with the construction of the right turn lane and for the modifications to the traffic signal timing and phasing, including any signal hardware. These traffic signal modifications must be in place in conjunction with the opening of the supermarket.

3. CLOSING OF KEELESDALE ROAD AND PHOTOGRAPHY DRIVE

The Keelesdale Road allowance and portions of the Photography Drive road allowance must be stopped up and closed as public highway and conveyed to the applicant in order to facilitate this development. The assessment of the proposed closing and conveyancing of the subject portions of Keelesdale Road and Photography Drive is ongoing. A separate report will be submitted to York Community Council outlining the terms and conditions of the proposed closings. I note that the closings would be conditional on the approval of this rezoning application by City Council.

4. PARKING

I indicated in my previous memorandum that Zoning By-law No. 1-83 requires the provision of 1 parking space for each 47 square metres of Gross Floor Area for retail uses on this site, whereas the applicant is proposing to amend the Zoning By-law to require 1 parking space for each 17 square metres of Gross Floor Area for this project. The proposed parking supply is consistent with the parking demand exhibited by other supermarkets in Toronto and is acceptable.

I note that the application of this parking requirement to the proposed development would require in the order of 500 parking spaces. The preliminary site plan shows the provision of 509 parking spaces. However, changes to the site plan may be required (for instance, to provide more landscaping or to modify the loading spaces as discussed further below), which could result in a reduction of the proposed parking supply to a total less than the proposed minimum of 1 parking space for each 17 square metres GFA. In order to provide some flexibility in the design, layout and number of parking spaces provided for this project (and to avoid the need for a parking variance application to the Committee of Adjustment), I would be prepared to accept, as a minimum, the provision of 1 parking space for each 20 square metres GFA of retail space. By comparison, the York Zoning By-law requires a minimum of 1 parking space for each 28 square metres GFA for groceterias, supermarkets and other similar uses.

5. LOADING

The preliminary site plan submitted by the applicant shows proposed loading facilities located along the northwest edge of the supermarket, opposite the proposed transit facility. The truck manoeuvres associated with these loading spaces could interfere with future bus movements and operations. Furthermore, access to these loading facilities would be disrupted during the construction of the transit facility. For these reasons, the applicant is requested, in the preparation of the site plan application for this project, to relocate the proposed loading facilities to address these concerns.

C. MUNICIPAL SERVICING

1. Previous Servicing Concepts

The servicing concepts for the previous zoning plan were based upon a proposal for a multiple block, mixed use commercial, residential and transportation development featuring underground parking facilities and a serviced municipal right of way through the site to allow each block to develop independently.

Major servicing issues with this development had included the need to relocate the existing 1050mm trunk water main off of the site to facilitate the underground parking structures and the Gateway development with the construction of the subway. There were also holds placed upon the development due to lack of sanitary capacity in the City's trunk facilities. In addition there was a requirement to provide the site a looped secondary source of water supply with the construction of a water main along the west side of Black Creek Drive from Eglinton Avenue West to Weston Road.

2. Proposed Development

The latest site plan proposes two development blocks consisting of a Gateway Transit site in the north west section of the site and a large retail commercial site on the remainder of the site with a large retail facility and a future secondary ancillary retail building. It is understood that the residential component of the plan has been eliminated from consideration.

The construction of the major retail facility is anticipated in advance of the Gateway facility and the ancillary retail building. No master servicing plans or reports have been submitted for review with this application. The developer is to provide a Municipal Servicing Report for the approval of the Commissioner of Works and Emergency Services detailing his proposed municipal servicing. My servicing comments for the site are generally oriented towards the retail outlet; however the development of the commercial site must accommodate the existing Gateway Block in its servicing design and not preclude the ability to service this block.

3. Municipal Servicing for the Proposed Development

3.1 Sanitary Services

There is an existing 450mm sanitary sewer along the north side of Eglinton Avenue West. This sewer connects to the trunk sewer located on the east side of Black Creek Drive. Improvements have been facilitated to the City's sanitary trunk system such that the concern with respect to the allocation of sanitary trunk capacity for this site has been eliminated. It is also noted that the demands of the proposed development are of a reduced nature from what was previously anticipated. Therefore there is adequate sanitary servicing available for this development.

Each development block will provide its own connection to the sanitary sewer to be detailed on site servicing plans which are to be supplied for the site plan application.

3.2 Water Mains

There is an existing 400mm water main adjacent to the site located on the north side of Eglinton Avenue West which will provide the primary water supply for these development blocks. It is anticipated that the needs of the each development block will be satisfied with a connection to this main. If, for insurance purposes or additional fire protection requirements for the site, a looped system is required, a 300 mm water main is to be constructed along Black Creek Drive by the applicant to provide a second connection. The Fire Department is to address whether they anticipate the need for a water main on Photography Drive to provide protection for the west side of the building and parking lots.

3.3 Existing Trunk Water Main

With the elimination of underground parking, it is anticipated that there will not be a need for the relocation of the existing 1050 trunk water main for the development of the commercial site. This would be subject to the developers applying for an Encroachment Permit from the City to review:

- site grading over the water main;

- site features such as signs, entry details and retaining walls over the easement;

- the preservation and adjustment of the grade of the existing valve chamber on this main in the site;

- the elimination of trees over the water main;

There is a need to verify that the easement for the water main is continuous across the site. The proponent will provide an easement in favour of the City over the portion of the former Keelesdale Road which is to be closed and transferred in the proposed land exchanges with the City.

Should there be a need in the future development of the Gateway Facility to relocate the trunk water main due to the construction of the subway, it is anticipated that there may be some revisions required to be made to the easement through the commercial site. Since the needs of any relocation are unknown at this time, the proponent must cooperate with the City to accommodate this relocation.

3.4 Storm Drainage

There are existing storm sewers to service this site located on Eglinton Avenue West, Black Creek Drive and Photography Drive.

Storm drainage for the development must satisfy the current Departmental requirements for storm quantity and quality issues. In general terms, the Development must release storm drainage at levels no greater than predevelopment levels and must provide first flush capture of the first 15mm of storm flow on site. The developer is to provide a Storm Water Management report for the approval of the Commissioner of Works and Emergency Services demonstrating the measures to be undertaken with this site. The report is also to address the staged development of the site and accommodation to receive drainage from existing undeveloped areas.

It is anticipated that this development will be affected by the proposed Development Charges and the requirements for stormwater management contained therein.

D. ENVIRONMENTAL REQUIREMENTS

There is record that this property was used as an existing landfill. The developer is to submit for the approval of the Commissioner of Works and Emergency Services a Soils and Groundwater Remediation Report by a geotechnical consultant providing details for the condition of the site and any remediation measures required as per the current Ministry of the Environment guidelines for this proposed development.

As well, the report shall comment on the presence or otherwise of methane gas and or sulphur dioxide on the formerly excavated portion of the site and provide details on all appropriate corrective measures as may be necessary.

E. SOLID WASTE

The owner is advised that the development blocks within this plan are to provide and maintain private refuse collection.

The owner is required to submit a Material Recovery and Waste Reduction Plan for each development site plan application. The owner is advised that staff of the Operations and Sanitation Division (Telephone No. 392-1040) will assist in the format and content requirements in the preparation of the plan.

F. RECOMMENDATIONS

(1) The owner be required to:

(b) Pay all costs associated with the construction of the access driveways and any related improvements on Eglinton Avenue West and Black Creek Drive;

(c) Pay all costs associated with the modifications to the traffic signals at the Eglinton Avenue West/Black Creek Drive intersection which are required to accommodate this development;

(d) Provide and maintain a minimum of 1 parking space for each 20 square metres GFA of retail space for this project;

(f) Provide Stormwater Management reports providing details of storm quantity and quality issues for the site requirements for the approval of the Commissioner of Works and Emergency Services;

(g) Provide drawings specifications and pay for the construction of the approved services;

(i) The owner is required to submit a Material Recovery and Waste Reduction Plan for each development site plan application.

(2) For the purposes of assessment Official Record municipal numbering, land exchanges or conveyances and the preparation of legal descriptions and building envelope plans, the applicant should be required to:

(a) apply for revised municipal numbering prior to obtaining building permits, the application for which must include a site plan showing the entrances to the proposed buildings and plans of survey for the development;

(b) provide all necessary Reference Plans of survey in metric units and referenced to the Ontario Coordinate System for the various agreements and land exchanges or conveyances; and

(c) Provide final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed buildings to enable the preparation of building envelope plans.

Please be advised that the Reference Plans of survey and final approved drawings should be submitted at least three weeks prior to the introduction of Bills in Council.

(3) The owner be advised:

(a) That failure to submit the functional plans referred to in Recommendation No. 1(a) above in a timely manner, could delay the issuance of a building permit for this project;

(b) That the required modifications to the traffic signal timing and phasing referred to in Recommendation No. 1(b), must be in place in conjunction with the opening of the supermarket;

(c) Of the need to secure appropriate rights-of-way from the City for the use of the access driveway on Eglinton Avenue West, which is located on City property, and that this access driveway may be temporarily blocked during the construction of a future Transit Gateway Facility on this site;

(d) Of the need to modify the configuration of the loading spaces in conjunction with the site plan application for this project;

(e) Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the Eglinton Avenue West and Black Creek Drive road allowances and to obtain the necessary permits;

(f) Of the need for an easement for the existing trunk water main over the closed portion of Keelesdale Road;

(g) That the development blocks within this plan are to provide and maintain private refuse collection.

(4) That the widening of the Black Creek Drive pavement for the purposes of constructing a southbound right turn lane at the access driveway, with a 25-metre parallel lane and a 45-metre taper, be endorsed for implementation coincident with the completion of the project; and

(5) That the Commissioner of Works and Emergency Services report to the Works Committee at the appropriate time on the construction of the right turn lane on Black Creek Drive together with any other related intersection improvements, and on any adjustments required to the parking and traffic regulations in the area as a result of these improvements.

Schedule 1: Draft Zoning By-law

(Attachment to Supplementary Report dated June 18, 1999

from the Director, Community Planning, West District,

which replaces the Draft By-law (Schedule 1) attached

to the Planning report dated June 3, 1999)

CITY OF TORONTO

BY-LAW NO. __________

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

(Re: Lands - Southwest Corner of Black Creek Drive and Eglinton Avenue West)

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

SECTION 6-AMENDED

1. That Section 6 of Zoning By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (62) as follows:

"(62) MAP 17

By changing the area shown on District Map 17, municipally known as Lands - Southwest Corner of Black Creek Drive and Eglinton Avenue West and more particularly described in Schedule "A" hereto, from a G District and a CCM-H District to a CCM District as shown on Schedule "B" hereto and by changing District Map 17 accordingly, provided that the use of the lands within the said area complies with the provisions of Section 16 (390) of this by-law."

SECTION 16 AMENDED

2. That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (390) as follows:

"(390) LANDS - SOUTHWEST CORNER OF BLACK CREEK DRIVE AND EGLINTON AVENUE WEST

Notwithstanding the provisions of Subsection 336 of Section 16 and any other provisions, of this Zoning By-law 1-83, except for the provisions of Section 3.1.2, the lands on the southwest corner of Black Creek Drive and Eglinton Avenue West which lands are more particularly described in Schedule "A" hereto and shown on the plan attached as Schedule "B" hereto, (hereinafter referred to as "the Lands") may also only be used for one or more of the following purposes:

- a retail store or stores; restaurant; restaurant, licensed; take-out eating establishment; and accessory buildings, uses and structures including associated parking, outdoor display and sales and outdoor eating areas on Block 'A',

- a Gateway Facility and accessory buildings, uses or structures on Block 'B';

subject to the following provisions:

A. In regard to any use or development on Block 'A':

(i) Maximum gross floor area shall be 9300 m² (100,100 sq. ft.) consisting of at least one supermarket with a maximum gross floor area of 8 500 m² (91,500 sq. ft.);

(ii) The minimum lot area shall be 2.75 ha (6.8 ac);

(iii) Parking for a supermarket shall be provided at a rate of 1 space per 20 m² of gross floor area. Parking and loading for all other uses shall be provided in accordance with Section 3.2 of this By-law;

(iv) Minimum building setbacks shall be1.5 m (4.9 ft.) from the east limit of Photography Drive and any lot line which does not abut a street and 3.0 m (9.8 ft) from the south limit of Eglinton Avenue West and the west limit of Black Creek Drive.

(v) The building heights shall be restricted to one-storey exclusive of rooftop mounted structures, mechanical equipment and architectural elements. Mezzanines shall be permitted within permitted buildings.

(vi) Access to the lands shall be permitted from Eglinton Avenue West, Black Creek Drive and Photography Drive.

(vii) All parking spaces and driveways, except for access driveways leading to a public street, shall be located a minimum of 1.5 m from the Eglinton Avenue West and Black Creek Drive street lines.

(viii) All other provisions of this Zoning By-law 1-83 shall continue to apply except in the case where those provisions are in conflict with the provisions of this Subsection, in which case the provisions of this Subsection shall prevail.

B. In regard to any use or development on Block 'B':

(i) Minimum building setbacks shall be 1.5 m (4.9 ft.) from the east limit of Photography Drive and any lot line which does not abut a street and 3.0m (9.8 ft) from the south limit of Eglinton Avenue West;

(ii) For the purpose of this Subsection "Gateway Facility" means a transportation terminal which accommodates and facilitates passenger transfer between various modes of public and private transportation. It may include a GO Station and/or rapid transit station, with attendant facilities; commuter parking or pick-up/drop-off facilities; a bus terminal including facilities for bus turnaround and storage; and pedestrian connections between the various transportation facilities and between these facilities and adjacent development; and,

(iii) Access to the lands shall be permitted from Eglinton Avenue West and Photography Drive.

(iv) All other provisions of this Zoning By-law 1-83 shall continue to apply except in the case where those provisions are in conflict with the provisions of this Subsection, in which case the provisions of this Subsection shall prevail.

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

ENACTED and PASSED this day of , 1999.

SCHEDULE "A" to BY-LAW No.________

and to Section 6(62) and Section 16(390) of Zoning By-law No. 1-83

Lands in the southwest quadrant of the intersection of Eglinton Avenue West and Black Creek Drive bounded on the north by the south limit of Eglinton Avenue West, on the east by the west limit of Black Creek Drive, on the south by the south limit of Photography Drive, and on the west by the east limit of the Canadian Pacific Railway.

Insert Table/Map No. 1

Schedule B

The York Community Council submits the following report (June 3, 1999) from the Director, Community Planning, West District:

Purpose:

To consider a site specific proposal for an amendment to the City of York Official Plan and to Zoning By-law 1-83, with respect to lands located on the south west corner of Eglinton Avenue West and Black Creek Drive. Rutledge Development Corporation has requested the amendments to permit the development of a retail project consisting of a supermarket and a future one-storey commercial building generating a total gross floor area of 9 300 m² (100,000 sq. ft.). The application is premised on the applicant assembling additional lands owned by the Ministry of Transportation and exchanging lands with the City to create the proposed development parcel.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that:

(1) the application submitted by Rutledge Development Corporation to amend the City of York Official Plan (Sections 21.8J(1b(i)) and 21.8M(2)) and Zoning By-law No. 1-83 (Section 16(336)) to permit a retail development be approved, subject to the holding of a Public Meeting to obtain the views of interested parties and the conditions outlined in this report;

(2) prior to the enactment of an amending by-law, satisfactory comments from the Works and Emergency Services Department shall be received; and

(3) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background

The subject lands are located within the York City Centre Plan area and are designated City Centre Mixed Use (Exhibit No. 1). Council for the former City of York adopted the York City Centre Plan (OPA 98) in 1989. The Plan encourages the development of a civic/corporate centre with a multi-dimensional, mixed-use character and a variety of high density uses established around a transportation gateway facility comprising a rapid transit line, Go station and bus terminal.

The subject lands were zoned City Centre Mixed Use with a holding provision (CCM-H) in 1993, in accordance with an application made by the former owners of the site, Dumez Real Estate North America Inc. (DRENA). The DRENA application contemplated a high density, high rise development containing two office buildings, high rise residential apartment development and retail development at grade, all centered around a transportation node. The site specific By-law [Section 16(336)] which implemented the application as proposed allows for mixed use development containing a maximum of 7 500 m² of retail floor area, 850 residential units, 87 500 m² of office floor area and 11 613 m² of institutional floor area, all arranged in accordance with certain block configurations and specific development provisions. The type and amount of development permitted in the first phase is also specified. With the decline in the economy and the cancellation of the Eglinton Rapid Transit Line in the early 1990's, the DRENA application was never pursued and the site has remained vacant.

The current project is also premised on the applicant assembling additional lands owned by the Ministry of Transportation and exchanging lands with the City to create the development blocks shown in Exhibit No. 2. The proposed land exchange would provide the City with a 0.9 hectare (2.2 ac.) parcel of land for a potential future transportation facility possibly containing a GO station, and facilities ancillary to the future York City Centre Subway station, including a bus terminal. On March 2, 1999, Council adopted a report from the Commissioner of Corporate Services, authorizing staff to proceed with negotiations to formalize terms and conditions for the exchange of lands, subject to a future report back to Council, among other matters (Exhibit No. 3). Issues with regard to the land exchange, road closures and the creation and retention of an appropriate parcel of land for a future transportation facility will be addressed through the Corporate Services Committee, prior to Council.

Site Description and Surrounding Uses

The lands located at the southwest quadrant of Eglinton Avenue East and Black Creek Drive are vacant, relatively flat and slope down to the east towards Black Creek (Exhibit No. 1). The site is well treed around the perimeter, primarily on the public boulevard. In the past, the lands have been used as a quarry pit, a land fill site and construction storage yard.

Lands at the northeast and southeast quadrants of Eglinton Avenue and Black Creek are owned by the Province (Ministry of Transportation (MTO) and are primarily zoned Green Open Space (G) except for a small area zoned Prestige Employment Zone. These lands are currently being utilized as part of the valley land park system. The lands at the northwest corner of the intersection are primarily owned by Kodak, except for a small area owned by the City, and are zoned strategic industrial employment zone (SI) and Prestige Employment Zone (PE). Much of these lands are occupied by the Kodak manufacturing and office facility with the exception of a vacant area which runs along the west side of Black Creek Drive (Exhibit No. 1).

Proposal:

The applicant's first application which was received on January 28, 1999, consisted of a Zoning Amendment application for a mixed use project containing retail uses and residential uses (155 units). More recently the applicant has revised the application to remove the proposed residential component. In the revised application, the applicant is requesting amendments to the Official Plan and Zoning By-law to permit a 9 300 m² (100,000 sq. ft.) retail development. The retail project would contain a Loblaws supermarket with a gross floor area of approximately 8 500 m² (91,500 sq. ft.) (Exhibit No 4). Such a store typically consists of approximately 7 500 m² (81000 sq. ft.) of grade related food and commercial floor space, and 1 000 m² (11,000 sq. ft.) of mezzanine floor space which could contain staff rooms, office space, meeting rooms/community rooms and non-food retail area. A new Loblaws store often provides the following kinds of commercial services: a photo lab, bakery, wine sales, restaurant, bank and banking machine, travel agency, book and video sales, laundry and dry cleaning depot. The proposal also includes a request for a future one-storey commercial building with a maximum size of 800 m² (8,600 sq. ft.) which could be located at the south end of the site abutting Photography Drive.

Based on the most recently revised site plan, dated May 24, 1999, the supermarket is proposed to be located at the rear edge of the site, parallel to Photography Drive, with the store front well setback from the Eglinton/Black Creek intersection. Loading and servicing functions are proposed at the north side of the building. The parking area would be located primarily to the front of the building facing Eglinton Avenue West and Black Creek Drive and would contain 458 parking spaces. Access to the site would be provided from four driveways; one off Black Creek, two off Photography Drive, and one off Eglinton Avenue West. It should be noted that the northerly driveway which provides access from both Eglinton Avenue West and Photography Drive, would be contained on City owned land.

Landscaping is proposed around the perimeter of the property, along the main internal driveways and within the parking area.

Exhibit No. 1 is a map showing the location of the subject property. Exhibit No. 2 is a reduction of the proposed Block Plan. Exhibit No. 4 is a photo-reduction of the applicant's site plan. An elevation of the proposed front façade of the supermarket is attached as Exhibit No. 5.

The following table is a summary of additional information that is relevant to the subject application and obtained from the above-noted site plan.

Official Plan

Existing City Centre Mixed Use

Zoning

Existing: City Centre Mixed Use (CCM-H) and Green Open Space (G) (Section 16 (336)

Requested: City Centre Mixed Use (CCM); with site specific amendments to permit the proposed retail development

Site Area

Retail Block A 3.0 h 7.5 AC

Transportation

Facility Block B 0.9 ha 2.1 ac

*Other 1.0 ha 2.5 ac

Total 4.9 ha 12.1 ac

Gross Floor Area

Supermarket 7 500 m2 80,732 sq. ft.

Mezzanines 1 000 m2 10,764 sq. ft.

Commercial Bldg. 800 m2 8,611 sq. ft.

Total 9 300 m2 100,107 sq. ft.

Coverage 7 500 m² 80,732 sq. ft. 25.0 %

Paved Area 15 500 m² 166,846 sq. ft. 51.6 %

Landscaped Area 3 500 m² 37,675 sq. ft. 11.7 %

Commercial

Development Area 3 500 m² 37,675 sq. ft. 11.7%

Parking Required 1/23 m² 404 spaces

Parking Provided 458 spaces

Surplus 54 spaces

* Other: includes Block C and public roads

Comment:

Official Plan

As previously mentioned, the site is located within the York City Centre Plan. As a result of the amalgamation of the six former Metropolitan municipalities, the status of individual civic centre plans will eventually require review in the context of the new City of Toronto. A new Official Plan has recently been initiated for the City and once in place, will provide a context for a longer term review of the role and function of City Centre Plans throughout the municipality. Notwithstanding this longer term planning context, it is staff's opinion that consideration of the proposed development would not preclude or prejudice future planning options for the area, nor would it undermine the ability of the remainder of the plan area to develop as a centre/ intermediate node, once the necessary development applications are submitted.

The site is designated City Centre Mixed Use which would permit a range of uses including office, ancillary or local retail, service commercial, all types of multiple residential buildings, institutional, public parking, and hotel and entertainment. The plan envisioned this quadrant to develop as a mixed use area with a variety of high density uses established around a transportation gateway facility comprising a rapid transit line, Go station and bus terminal.

Although the proposed development does not currently achieve the mixed use, high density objectives of the Plan, it is initiating development in an important vacant quadrant of the plan in a form which retains a consolidated parcel of land for more intensive redevelopment in the future. In the short term, the proposal serves to consolidate the ownership of the lands located at the southwest quadrant of Eglinton Avenue West and Black Creek Drive into three logical redevelopment blocks (Blocks A, B, and C). Block B would be retained under City's ownership and would provide lands for the future transportation gateway facility envisioned by the Plan. Block A would be retained by the applicant for the proposed retail development and would be available in the longer term for possible future intensification or redevelopment when market demands are such that higher order office/residential uses would be feasible to construct. Block C, which is located south of Photography Drive is owned by MTO and the City, and is not actively a part of this application as the future ownership of the lands is still to be determined.

Retail uses are permitted by the York City Centre Plan provided the maximum floor area does not exceed 10 000 m² (107,743 sq. ft.). However, section 21.8J(1b(I)) of the plan requires all phases of development to contain a mix of residential and non-residential uses. As the applicant's plan does not contain a mix of uses an amendment to the Plan would be required to permit only non-residential development. In addition, the Plan requires development to proceed by way of a draft plan of subdivision or condominium in section 21.8M(2). As the proposed development would not be providing any public roads or significant infrastructure to the area, there is no need to proceed on the basis of a plan of subdivision. As such, an amendment to this section of the plan would also be required.

Proposed Transportation Gateway Facility

The transportation gateway concept proposed by the applicant marks a significant departure from the concept developed in conjunction with the previous DRENA development proposal. DRENA's proposal included property protection for a subway station on the proposed Eglinton West Rapid Transit Line, the proposed Black Creek GO station, ancillary station facilities including a bus terminal and a passenger pick-up/drop-off facility, and provided opportunities to integrate some commuter parking within the proposed development.

While the applicant's proposal does not impact the location of either the proposed subway or GO rail stations, the proposed location of the food store requires the redesign of the bus terminal. TTC staff have reviewed the bus terminal design concept proposed by the applicant and have found it to be acceptable, provided that the terminal's access driveway at Eglinton Avenue, which would also provide access to the applicant's retail development, can be signalized to facilitate full turning movements to and from Eglinton Avenue (Exhibit No. 6). This driveway will be restricted to right-in/right-out movements until the bus terminal is constructed. Works and Emergency Services staff (Transportation Services Division) have advised us that this driveway can be signalized. We are awaiting their formal comments regarding this matter.

Property for a passenger pick-up/drop-off facility cannot be set aside without reducing the amount of proposed retail parking. It is the applicant's position, however, that any reduction in the amount of parking would bring the feasibility of the food store into question. The possibility of providing some parking in a structure to free-up land for transportation gateway facilities was considered, but the cost of such a structure would be prohibitive in the context of the relatively low density retail uses proposed. Similarly, there are no opportunities to protect property for future commuter parking for the proposed Black Creek GO station within the applicant's proposed development concept.

Consequently, the TTC has agreed to drop their previous requirement of property protection for the passenger pick-up/drop-off facility, given the uncertainty surrounding the status of the Eglinton West Rapid Transit Line, and the impact this requirement would have on the applicant's development concept. Other opportunities for locating this facility will be investigated in the event that construction of the Eglinton West Rapid Transit Line resumes.

It is also important to recognize that both the official plan and existing zoning bylaw permit a mix of land uses at much higher densities across the subject lands. Therefore, the proposed food store, and other potential retail uses, can be considered to be interim uses. In the event of a future application for a more intensive form of development, new opportunities for protecting property for passenger pick-up/drop-off facilities and commuter parking will be investigated.

The timing of the construction of the proposed Black Creek GO station is uncertain. This proposed station is classified as a "destination station", meaning that its primary purpose is to provide access to a significant development node; in this case the former York City Centre. It would also provide a strategic connection with the proposed Eglinton West Rapid Transit Line. Previous planning for the Black Creek GO station concluded that the vast majority of anticipated GO riders using the station would either be destined to future employment destinations in the immediate vicinity of the Black Creek GO station, or would transfer between the Georgetown GO line and the proposed Eglinton West Rapid Transit Line. Relatively low ridership was anticipated from the existing residential community in the vicinity of the proposed GO station.

In the absence of any significant concentration of employment in the immediate vicinity of the proposed GO station; the construction of the Eglinton West Rapid Transit Line and its associated direct connection with the Georgetown GO service; and, any significant opportunity to provide commuter parking on site, the relative priority of constructing the Black Creek GO station will be low in the short to medium term. However, the applicant's current proposal would not preclude the construction of the GO station in the long term, should significant intensification occur in the vicinity of the proposed station and/or construction of the Eglinton West Rapid Transit Line resume (Exhibit No. 7).

Zoning By-law

The site is zoned City Centre Mixed Use by a site specific section of Zoning By-law 1-83 (Section 16(336), subject to a holding designation. This By-law was prepared to reflect the detailed development plans of the former DRENA application which was approved in 1992. The "H" symbol was to be removed from portions of development upon confirmation that certain conditions had been fulfilled. The By-law permits a wide variety of retail uses including a retail store which would include food stores. However, the by-law only permits a maximum retail floor area of 7 500 m² (80,732 sq. ft.). The applicant has requested a total retail floor area of 9 300 m² (100,000 sq. ft.).

Amendments to the existing by-law would also be required to permit the following: at grade parking; a retail development in the first phase which does not contain a residential component; development to proceed without a draft plan of subdivision; variations in the development Blocks contained in Schedules C, D and E; and, changes to the retail figures in Table One.

Staff recommend that the zoning of the site be amended through the introduction of second site specific by-law which would maintain the "as of right" zoning for the higher density, mixed uses envisioned by the York City Centre Plan, and allow for the interim development of Block A for retail uses and Block B for gateway transportation uses in accordance with proposed development. The by-law shall include specific development standards addressing permitted gross floor areas, building height, building and parking setbacks, landscaped areas, and parking requirements to reflect the proposal and the requirements contained in Zoning By-law 1-83.

Site Design Considerations

Traffic Circulation and Parking

The applicant submitted a transportation impact study on April 23, 1999. In recent discussions with Works and Emergency Services staff (Transportation Services Division) it is our understanding that there is sufficient road capacity available to accommodate the proposed retail development. The location of proposed driveways onto Black Creek Drive and Eglinton Avenue West are generally acceptable. Access to Black Creek Drive will be restricted to right-in/right-out turning movements only. The Eglinton Avenue access will also be restricted to right-in/right-out turning movements; however, in the event construction of the Eglinton West Rapid transit line resumes, including the proposed subway station and ancillary bus terminal on Block B, this driveway will provide access to both the proposed retail development and the subway station bus terminal, and will be signalised to permit full turning movements to/from Eglinton Avenue for buses entering/leaving the bus terminal. Details concerning the design of this potential future shared driveway must be to the satisfaction of Works and Emergency Services, Urban Planning and Development Services and the TTC.

Both parking supply and site circulation are generally acceptable. However, concerns have been expressed regarding possible future conflicts between the supermarket loading area on the north end of the site and bus access to the potential bus terminal on Block B. The final location of the supermarket loading facilities shall be to the satisfaction of Works and Emergency Services, Urban Planning and Development Services and the TTC.

In order to ensure that all details concerning transportation matters are to the satisfaction of the Transportation Services Division, staff recommend that formal comments be received from Works and Emergency Services prior to the adoption of any zoning by-law.

Urban Design

The applicant is proposing a retail plaza design with stores located at the rear of the property and large areas of parking to the front. This results in a vast area of parking being visible from the street and a poor pedestrian building relationship. Staff understand that the supermarket location is constrained by the location of an existing easement for a large watermain which runs along the Eglinton Avenue West frontage and possible driveway locations. However, improvements to the plan will need to be made through the introduction of additional built form and landscaping structures developed closer to the Eglinton/Black Creek street lines, and additional plantings within the parking area. As such, staff would recommend the site plan and landscape plan be revised to the satisfaction of the Urban Planning and Development Services Department prior to Site Plan Control Approval, should this application be approved.

Landscape/Parkland Dedication

Approximately 12% of the site, located predominantly along the street edges of the property and in front of the proposed supermarket would be provided as landscaped open space. However, adequate landscaped strips must be provided adjacent to the street lines to provide screening opportunities. Detailed consideration of the hard and soft landscaped strips will be required at the site plan approval stage prior to Site Plan Control approval.

Consideration should be given to breaking up the expanse of the parking lot through the introduction of pedestrian walkways and a well developed urban planting program.

Parks and Recreation Services have no concern with the application at this time, and have indicated that the parkland dedication requirement for this development is to be based on 2% and taken as cash-in-lieu of parkland dedication. Planning staff have also requested that consideration be given to a double row of street trees, planting on boulevard lands, convenient pedestrian connections, and landscaping within the parking areas.

Environmental Matters

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

As a condition of Site Plan Control approval and prior to the issuance of a Building Permit(s) for the proposed retail building(s), a Record of Site Condition (which has passed an applicable Ministry of Environment and Energy audit, if applicable) shall be submitted to the City indicating that the condition of the land, as set out in the Record, is consistent with, and suitable for, the use for which the building permit(s) has been requested.

Agency/Department Circulation

In response to the circulation of plans, the following agencies and departments had no objection or concerns with this application: Fire Department, Canada Post, Economic Development, Culture & Tourism (Parks, Policy and Development Section), and Toronto Hydro. Comments received from the following agencies and departments are attached as Exhibits.

Toronto Transit Commission (TTC) Exhibit No. 6

Go Transit Exhibit No. 7

Ministry of Transportation Exhibit No. 8

Canadian Pacific Railway Exhibit No. 9

Canadian National Railway Exhibit No. 10

Economic Development, Culture and Tourism Exhibit No. 11

Toronto and Region Conservation Authority Exhibit No. 12

A consolidated comment from the Technical Services Division of Works and Emergency Services has not been received to date. In order to ensure that all development engineering matters are acceptable, staff would recommend that satisfactory comments be received from Works and Emergency Services prior to the adoption of any zoning by-law.

The Ministry of Transportation of Ontario (MTO) has indicated that they are currently negotiating the sale of their lands with the applicant (Exhibit No. 8).

Canadian Pacific Railways has not identified any concerns with the proposal provided standard conditions regarding fencing, drainage and utilities are imposed (Exhibit No. 9). Canadian National Railways (CNR) has indicated that residential development would need to meet their Principle Main Line Requirements (Exhibit No. 10). Non-residential development would require a minimum 30 m (98 ft.) setback and a 2.5 m (8 ft.) berm. The applicant has met with CNR and has been advised that they would comply with the setback requirement and that a 2.0 m (6.5 ft.) berm would be acceptable.

The Economic Development Department has indicated that they have discussed the proposal with the following Business Improvement Associations (BIA's), Keele-Eglinton BIA, Mount Dennis BIA, and Weston BIA (Exhibit No. 11). The BIA's support the development proposal and its potential contribution to the economic vitality of the area, although there is some concern with respect to the impact on existing business operations within the community.

The Toronto and Region Conservation Authority have no objection to the proposal. However, they would request a copy of the storm water management report at the site plan stage (Exhibit No. 12).

Community/Information Meetings

A community meeting was held on March 31, 1999. Approximately 18 residents attended. Residents did not oppose the project but had questions regarding traffic, building heights, landscaping, driveway locations, use and maintenance of future City owned Block B. Some concern was expressed regarding the impact of "Big Box Retailers" on mainstreet retail uses.

In addition to the community meeting, meetings were held with the York City Centre Advisory Committee on March 23, 1999, and on May 6, 1999. At the first meeting, the applicant presented plans for the mixed use project and the application was discussed. At the second meeting, the applicant presented revised plans for the retail project. After some discussion the Committee adopted the following resolution, "The York City Centre Advisory Committee recommends approval in principle of the site plan date April 15, 1999, as revised on May 6, 1999".

Conclusion

Although the retail proposal submitted by Rutledge Development Corporation does not contain the mix of uses and is less intensive than the development envisioned by the York City Centre Plan, the project does achieve some short term objectives of the Plan and does not preclude future intensification and redevelopment of the lands in the future. The project is generally in accordance with the uses and permitted in the Plan and the existing Zoning By-law, and would result in the utilization of lands which have been vacant for a number of years notwithstanding their as of right zoning which provides for intensive mixed use development. It would consolidate and assemble the lands into three logical development blocks and would provide the City with an assembled block of land for a future transportation facility as encouraged and supported by the York City Centre Plan. The retention of Block A as one large consolidated parcel under one ownership with only one to two buildings makes future intensification or redevelopment of the site more feasible.

The proposed retail use of the property is acceptable as a short to medium term use of the lands. Retail uses are permitted by both the existing Official Plan and zoning of the lands. The required amendments needed to both the York City Centre Plan and the existing zoning are reasonable and appropriate.

A detailed review of this application with respect to architectural design and landscaping as well as access, traffic and parking, will be finalized prior to Site Plan Control approval, should this application be approved.

Staff recommend approval of the application in principle, subject to the receipt of satisfactory comments from Works and Emergency Services. Should comments from Works and Emergency Services be received prior to the scheduled Public Meeting, staff shall prepare a supplementary report for consideration at the meeting. In the event of approval, the conditions outlined below should apply.

Conditions to Approval

1. The enactment of an Official Plan Amendment exempting the site from Site Specific Official Plan Policy Sections 21.8J(1b(i)) and 21.8M(2), in accordance with draft OPA No. 154 (Exhibit No. 13).

2. Prior to the enactment of an amending by-law, satisfactory comments from the Works and Emergency Services Department shall be received.

3. The enactment of an amending by-law to permit the retail development and transportation facility on City lands which generally shall be in accordance with the draft zoning by-law attached as a Schedule to this report and worded to the satisfaction of the City Solicitor.

4. Further detailed consideration of the proposal in conjunction with the Site Plan Control review and approval shall require the resolution of the following, among other matters:

(i) The payment of 2% cash-in-lieu of parkland, and any applicable development charges.

(ii) Signing of a Development Agreement and payment of the necessary fees associated with the preparation, execution and registration of same, if required.

(iii) Signing of a Site Control Agreement and dedication of any required road dedications.

(v) Provision of a lighting plan to the satisfaction of the Urban Planning and Development Services Department.

(vi) All matters with respect to road, driveway and intersection improvements shall be to the satisfaction of Works and Emergency Services.

(vii) Submission of a site plan detailing location and operation of loading dock operations to the satisfaction of Works and Emergency Services, the TTC and Urban Planning ad Development Services. Shared access arrangements for driveway shall also be provided to the satisfaction of the Works and Emergency Services, the TTC and Urban Planning and Development Services.

(viii) Confirmation that the soil conditions on the development site comply with the criteria established by the Ministry of Environment and Energy for the commercial development of a site.

(ix) Provision of a plan detailing the location, height and content of the Safety Berm to the satisfaction of Canadian National Railways.

(x) The submission of a site servicing report, storm water management report and waste management report to the satisfaction of the Works and Emergency Services Department.

(xi) Confirmation that the Site Plan meets barrier-free design standards.

Contact Name:

Paul Zuliani, Area Planner

Community Planning, West District

Tel: (416) 394-8230 Fax: (416) 394-6063

Insert Table/Map No. 1

Exhibit 1 - Location Map Southwest Corner of Eglinton & Black Creek

Insert Table/Map No. 2

Exhibit 2 - Block Plan

Exhibit No. 3 - Clause No. 13 (in part), of Report No. 2

of the Corporate Services Committee, adopted by City Council on March 2, 1999

The Corporate Services Committee recommends the adoption of the report (February 4, 1999) from the Commissioner of Corporate Services, subject to:

(1) inserting the following additional Recommendation as Recommendation No. 3():

"(3) as part of the process, the Rutledge Development Corporation, together with appropriate staff and Ward Councillors, be requested to consult with the York City Centre Citizens Committee, the Mount Dennis Ratepayers, the Mount Dennis BIA, the Eglinton-Keele BIA, the Roseland Ratepayers and a representative of Brownville Avenue;"; and

(2) renumbering Recommendation No. (3) as Recommendation No. (4) accordingly, so that such recommendations now read as follows:

"It is recommended that:

(1) staff proceed, in consultation with Ward Councillors, with negotiations involving the Ministry of Transportation of Ontario and Rutledge Development Corporation with a view to formalizing terms and conditions for the exchange of lands in the York City Centre area, and report back in due course;

(2) notice of intent to declare surplus be issued and staff initiate the process to stop-up, close, and convey those portions of the public highways known as Keelesdale Road and Photography Drive, intended to be included in the proposed land exchange, in the south-west quadrant of Eglinton Avenue West and Black Creek Drive;

(3) as part of the process, the Rutledge Development Corporation together with appropriate staff and Ward Councillors, be requested to consult with the York City Centre Citizens Committee, the Mount Dennis Ratepayers, the Mount Dennis BIA, the Eglinton-Keele BIA, Roseland Ratepayers and a representative of Brownville Avenue;"; and

(4) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto."

Insert Table/Map No. 1

Exhibit 4

Insert Table/Map No. 2

Exhibit 5

(Copies of Exhibit Nos. 6 to 12 and Schedule 1, Draft Zoning By-law, referred to in the foregoing report from the Director, Community Planning, West District, dated June 3, 1999, were forwarded to all members of Council with the Agenda of the York Community Council meeting of June 22, 1999 and copies thereof are on file in the Clerk's Division, York Civic Centre.)

Exhibit No. 13

DRAFT OFFICIAL PLAN AMENDMENT

PART ONE - PREAMBLE

1.1 PURPOSE/LOCATION

Official Plan Amendment No. 154 applies to a 4.9 hectare (12 acre) parcel of land located on the south west corner of Eglinton Avenue West and Black Creek Drive.

The purpose of this amendment is to amend the Site Specific Development Policies of the Plan to also permit the construction of a retail development in the first phase with no residential component and to allow for such development to proceed without a draft plan of subdivision or condominium.

1.2. BASIS

On January 28, 1999, Rutledge Development Corporation submitted a Zoning Amendment application for a mixed use development consisting of retail and residential uses. The application was subsequently revised and the applicant submitted an Official Plan Amendment application on May 21, 1999, to permit a retail development in the first phase, with no residential component. In addition it was identified that the application would not need to proceed by way of a plan of subdivision or condominium.

The staff report of May 31, 1999 concluded that the required Official Plan and Zoning Amendments were supportable and that the resulting development retained the lands for higher order, mixed use development in the future.

Note:

As required under S.17(16) of the Planning Act (Bill 20), this constitutes a draft of the proposed amendment to be available prior to the Public Meeting being held. The completed amendment will be presented to Council for adoption following the approval of the application.

PART TWO - THE AMENDMENT

2.1 INTRODUCTION

All of this part of the Amendment, consisting of the following text No. 154 to the York Official Plan for the York planning area. The Plan is hereby amended as follows:

2.2 TEXT CHANGES

Development of the Lands affected by this Amendment will be consistent with applicable policies in the York City Centre Plan and with the following Site Specific Development Policy which is hereby added to Section 21.8 (O) of the York City Centre Plan.

21.8 (O) Notwithstanding Section 21.8J(1b(i)) and 21.8 M(2), the first phase of development on Sub-block CI shall not require a mix of residential and non-residential uses. Such development shall be permitted to proceed without the use of a draft plan of subdivision or condominium.

2.3 IMPLEMENTATION

The policy established by this Amendment will be implemented through a site-specific amendment to Zoning By-law 1-83, Council's conditions to approval, and the signing and registered of the appropriate agreements.

INTERPRETATION

The provisions of the Official Plan as they may be amended from time to time with respect to the interpretation of the Plan shall apply with respect to this Amendment.

The York Community Council also submits the following communication (June 17, 1999) from Mr. H. Scott Rutledge, President, Rutledge Development Corporation:

We have reviewed the Planning report of June 3 regarding the above and wish to provide the following comments for your consideration. We will also be present at the public meeting on June 22, 1999 to answer any questions you may have regarding our project.

1. Land Exchange

The land exchange that is to occur between the City and ourselves currently indicates the City will receive more land than it will return to us. We would respectfully request that any surplus in this regard be applied as a credit towards the 2% cash-in-lieu of parkland calculation and/or other municipal charges to ensure an equal value exchange.

2. Zoning By-law

We would respectfully request the following revisions to the Zoning By-law:

(a) that all types of restaurant uses be permitted (this is consistent with the existing zoning);

(b) that drive-thru facilities be permitted (for example, at financial institutions or restaurants); and

We trust these requests are reasonable and that the Official Plan and Zoning By-law Amendments can proceed to Council for approval on July 6.

Thank you for your assistance in bringing our project forward.

The York Community Council also submits the following communication (June 22, 1999) from Mr. Rick Pennycooke, President, Lakeshore Town Planning Consultants:

We are the land use planning consultants for Sobeys. Sobeys are the owners, operators, and/or suppliers or several stores within the Greater Toronto Area, including the IGA at the Westside Mall, the Price Chopper on Weston Road and Wilby Street, and the IGA at Dundas and Jane Street.

We have just recently been retained by Sobeys as they are concerned with the aforementioned Official Plan and Zoning By-law Amendments to develop the south-west quadrant of Eglinton Avenue West and Black Creek Drive with a large-scale supermarket.

Based on our initial review of planning staff's two reports dated June 3, 1999 and June 18, 1999, draft Official Plan Amendment No. 154, the draft Zoning By-law, and the municipal-wide planning documents, we would, respectfully, ask you to consider the following points:

1. The applicant's traffic study considered two development scenarios. One being a 7,430 m2 supermarket and 150 high-rise apartments. The second being a 7,430 m2 supermarket with another 930 m2 of retail. The Acting Manager of Development Service stated that the resulting traffic volumes were greater than the estimated volumes for a mixed-use proposal (which we understand consisted of retail, residential, office and institutional use) previously approved for the site. In light of the increased volumes already identified, the applicant should submit analysis that considers the 9, 300 m2 of retail space, which in fact the draft Zoning By-law before you would permit.

2. There are several sections within the Official Plan which highlight and stress the importance of this intersection as a focal point within the former Municipality of York (i.e. 4.43, 6.2, 21.8 J). As such, careful deliberation must be given for development that really amounts to changing the focus of the area from high order mixed-use to perdominately retail. Although staff have stated that the development represents a good interim use of the lands, once the

development is complete, the property is even further constrained for higher order mixed use development.

3. Although staff are corrent when they state that the York City Centre Plan permits retail uses to a maximum of 10,000 m2, the Plan is clear that the 10,000 m2 is to be distributed throughout the entire "Central Sector" with the highes proportion allocated to the subject lands. Further, the Plan specifically states that retail uses should be ancillary and subordinate to the other uses contemplated for the area s per section 21.8 J 1 (b) iii. The subject proposal is not ancillary to any other use and is a very large single retail use. As such, a more comprehensive planning exercise should be undertaken.

4. Section 21.8 M of the Plan concerns the Implementation of the Plan's policies. This section states that various site-specific studies such as geotechnical and market impact analyses may be required by Council to assess various developments. In light of the potential, the subject proposal has to change the intent of the York City Centre policies with an expanded retail focus and no other uses, market analyses should be completed to support such a change. We also note that the various BIAs in the area had also expressed a similar concern. Such represents another reason for the need for market impact analysis in this instance.

We hope to provide you with a more detailed summary of our client's concerns, however, for the meantime, please accept this correspondence for consideration of our client's initial concerns.

Should you have any questions, please feel free to call me at (416) 364-5926.

--------

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

- Mr. Scott Rutledge, Applicant - advising that he was pleased with the progress of discussions, the development, and the architectural quality of the building; is looking forward to opening for business in the Fall 2000; and that this is a major investment providing for 50 full-time and 250 part-time positions, in addition to the jobs for the construction industry.

- Mr. Karl Stankov, West Fairbank Ratepayers Association - indicated support for the proposal.

- Mr. Lorne Berg, Executive Director, Black Creek Business Area Association - stated that he was encouraged by the development and was looking forward to its completion; would like the TTC to improve their land; and suggested that 12 Divsion be requested to review and provide comments on the proposal.

- Mr. Clement Messer, The Lakeshore Group; and submitted a communication in regard thereto;

- Ms. Marjorie Sutton, Mt. Dennis Community Association and Chair of the Advisory Committee working with the developer; advised the Committee and the residents of Brownville Avenue would like to ensure that there are no future plans for residential development; interested in the proposed GO Station facility; and would like Council to approve this proposal.

Other Items Considered by the Community Council

(City Council on July 6, 7 and 8, 1999, received this Clause, for information.)

(a) Frequency of Grass Cutting, Maintenance and Landscaping of Flower Beds - Ward 27, York Humber and Ward 28, York Eglinton.

The York Community Council reports having:

(1) requested the Commissioner of Economic Development, Culture & Tourism to add Old Mill Drive to the Riverview Gardens Mowing Rotation for Ward 27, south of Eglinton Avenue West; and

(2) received the following report:

(June 4, 1999) from the Commissioner of Economic Development, Culture & Tourism, responding to a request from the York Community Council for more detailed information regarding (a) grass cutting, maintenance and scheduling and (b) for consideration to other locations other than the York Civic Centre with respect to improvements to the level of landscaping for flowerbeds located in the community; advising that with respect to:

(a) Grass Cutting, Maintenance and Scheduling, staff from the Parks Division are sent out in three crews to work north of Eglinton Avenue West and south of Eglinton Avenue West in Ward 27, and east of Caledonia Road in Ward 28; that staff are currently working a 10-day cutting cycle that allows them to work from park to park throughout their area using a consistent rotation that relates to the schedule of locations attached to this report; that in addition, there is a cutting crew that is responsible for boulevards within Wards 27 and 28 which allows for a two-week cutting cycle on high profile areas such as major street sad cornother areas; that the Parks Division is also responsible for cutting police stations on the same rotation as community parks; that the schedule is adjusted for unforeseen circumstances such as breakdowns of equipment, heavy rains or staff absenteeism; and

(b) Parks Garden Planting Area, the staff in the Horticultural/Maintenance sections of the Parks Divisions have begun to plant the flower beds at the York Civic Centre; annuals have been grown by City staff, however at the end of the season (Fall '99) staff will remove the annuals and plant certain gardens at the York Civic Centre with perennials; that the number of flower beds planted each year will be reduced; advising of new locations for planting this summer; and

recommending that the report be received.

(b) 564-566 Rogers Road - Application for Cash Payment-in-Lieu of Parking Ward 27, York Humber.

The York Community Council reports having:

(1) requested the Director, Community Planning, West District, to report further on a revised application for two (2) parking spaces instead, and to submit the revised plans together with the report; and

(2) received the deputation.

The York Community Council had before it a report (June 8, 1999) from the Director, Transportation Services, District 1, advising that Grewal General Contractors Ltd. have submitted an application for cash payment-in-lieu of providing four (4) of the eight (8) parking spaces required under the provisions of the Zoning By-law, for a proposed mixed-use commercial-residential development at 564-566 Rogers Road; that there are no boulevard parking spaces available to rent adjoining these premises, but that there is on-street metered parking on both the north and south sides of Rogers Road between Keele Street and Old Weston Road for a maximum duration of one hour; that it does not appear feasible to provide additional parking on the site; and recommending that the application by Grewal General Contractors for four (4) parking spaces be approved.

--------

- Mr. Grewal, owner of the property at 564-566 Rogers Road, appeared before the Community Council in connection with the foregoing matter.

(c) Cash Payment-in-Lieu of Parking Related to Development Applications Ward 27, York Humber and Ward 28, York Eglinton.

The York Community Council reports having received the following report:

(June 7, 1999) Director, Transportation Services, District 1, responding to a request from the York Community Council on the policies of other area municipalities compared with the policy of the former City of York regarding cash payment-in-lieu of parking, and on what action can be taken on an interim basis to provide relief for new business owners in Wards 27 and 28, with the exception of licensed establishments; forwarding a copy of Clause No. 4 of Report No. 12 of the Urban Environment and Development Committee, adopted as amended by Council on October 28, 19 and 30, 1999, containing a report (September 10, 1998) from the Commissioner of Works and Emergency Services and the Commissioner of Urban Planning and Development Services, which provided a summary of the current policies and procedures in the former municipalities; advising that compared with other areas, York's charges are in line with other former municipalities; that given the direction of City Council with respect to cash payment-in-lieu practices and the current efforts by staff to develop consolidated policies and practices for the new City, including the development of a uniform fee structure, it is not appropriate at this time to provide relief for new business owners in Wards 27 and 28 on an interim basis; and recommending that the report be received for information.

(d) New Development Applications Received - Ward 27, York Humber and Ward 28, York Eglinton.

The York Community Council reports having received the following report:

(June 4, 1999)from the Director, Community Planning, West District, providing information on the following new development applications; and recommending that the report be received:

1. OFFICIAL PLAN AMENDMENT (Ward 27, York Humber)

File No.:099-001 Date received: May 21, 1999 Planner: P. Zuliani

Applicant: Rutledge Development Corporation

Owner: Downtown York Developments Inc.

PropertyAddress: Southwest Corner of Eglinton Ave. W. and Black Creek Drive

Proposal: To amend Section 21.8 of the Official Plan relating to the York City Centre Area to permit a development consisting of retail uses without a residential component

Approval Process: Community Council

2. OFFICIAL PLAN AMENDMENT AND REZONING (Ward 27, York Humber)

File No.: OR99-001 Date Received: May 20, 1999 Planner: W. Johncox Applicant: Alex Talwood

Owner: B.G. Schickedanz.Central Inc.

Property Address: 1400 Weston Road

Proposal: To reallocate unit densities on the site, allow for a mix residential and commercial development on Block 2 and increase height by two-storeys on the permitted high rise residential development Block 4 so as to realize the permitted a development of up to 2150 residential units and up to 18,600 m²of commercial space.

Approval Process: Community Council

3. ZONING BY-LAW AMENDMENT (Ward 28, York Eglinton)

File No.: R99-003 Date Received: May 26,1999 Planner: P. Stellato

Applicant: Joseph Kang

Owner: Domi Construction Co. Ltd.

Property Address: 460 Gilbert Avenue

Proposal: Two pairs of three storey semi-detached dwellings

Approval Process: Community Council

4. APPLICATION: SITE PLAN APPROVAL (Ward 27, York Humber)

File No.: SPA99-005 Date Received: May 31, 1999 Planner: P. Stellato

Applicant: Ralph Griffo

Owner: 1341634 Ontario Limited

Property Address: 249 Scarlett Road

Proposal: Proposed eight, three-storey freehold townhouses

Approval Process: Delegated to Director of Community Planning

File No.: SPA99-006 Date Received: June 1, 1999 Planner: W. Johncox

Applicant: Northgrave Architect Inc.

Owner: Harold and Grace Baker Centre

Property Address: 1 Northwestern Avenue

Proposal: Addition of dining room to existing Nursing Home

Approval Process: Delegated to Director of Community Planning

(e) Request for Construction of a Bus Bay on Lavender Road for St. Matthew Catholic School - Ward 27, York Humber.

The York Community Council reports having:

(1) requested the Commissioner, Works and Emergency Services, to give consideration to including funds in the capital budget for next year, for the construction of a bus bay on Lavender Road at the St. Matthew Catholic School; and

(2) received the following communications:

(June 9, 1999) from Councillor B. Saundercook forwarding the following communications:

(i) (Undated) from the Director of Professional Services, York Civic Centre to the Chairperson, St. Matthew Catholic School Council, advising that the preliminary cost estimate for construction of a bus bay at 18 Lavender Road is $45,000.00; that the proposed bus bay is approximately 2.5 metres wide by 80 metres long; that the cost estimate includes reconstruction of the existing curb and walk and relocation of a fire hydrant; that a field survey indicates that a tree in front of the school may be affected by this work; that due to budget constraints they are unable to share any of the costs involved, but will assist in the design and supervision of the project.

(ii) (April 29, 1999) from the Co-Chair of St. Matthew School Council to Councillor Saundercook advising that the school is now ready to move forward with site development and that the bus bay is an essential component of this development.

(iii) (September 14, 1998) from the Chairperson, St. Matthew Catholic School Council, to Mr. Chi Ng, Director of Professional Services, York Civic Centre, advising that the school is serviced by three large school buses and three smaller buses which load and unloads children at the sidewalk; that this routine adds to traffic congestion and causes drivers to become impatient as they try to manoeuvre through the students, parents and other vehicles; and that the parent community firmly believes that this on-going traffic congestion on Lavender Road seriously affects the safety of the children at St. Matthew School.

(f) Capital Budget Planning in Parks and Recreation for Year 2000 and Beyond Ward 28, York Humber.

The York Community Council reports having requested Councillor Davis to coordinate a meeting of all the local Councillors, and senior staff at an appropriate time, to discuss the following communication from Councillor Mihevc:

(June 1, 1999) Councillor J. Mihevc advising that the draft report on Recreation Needs Assessment and Feasibility Study for the York Area is continuing; that there are concerns that the report will eventually deal with one or two larger facilities, omitting some smaller Parks and Recreation projects that also need attention; and requesting that staff examine the merits of the following projects, including a capital budget-financing plan for each, and report back to the York Community Council prior to submissions by staff to the Budget Committee:

(1) an outdoor artificial rink attached either to the Phil White Arena or Humewood Community School;

(2) outdoor water play areas in Cedarvale Park and Bert Robinson Park;

(3) covered tennis courts at Cedarvale Park;

(4) a gymnasium on the second floor of the new bocce courts at Fairbank Park;

(5) an indoor public swimming centre at Fairbank pool;

(6) a co-venture with the school boards regarding the improvement of playground equipment at St. John Bosco, St. Nicholas, St. Alphonsus and Rawlinson school;

(7) new playground equipment at Humewood Park; and

(8) opening up of Graham Parking by purchasing a few nearby homes.

(g) 180 Schell Avenue - Possible Damage to Basement Floor by Roots from a City-owned Tree - Ward 28, York Eglinton.

The York Community Council reports having:

(1) advised the owner of 180 Schell Avenue to submit a claim to the City to be forwarded to the insurance adjusters; and

(2) received the following communication:

(May 17, 1999) Councillor J. Mihevc advising that his office has been contacted by Mr. Ernesto Abate of 180 Schell regarding damage to his basement floor from roots belonging to a City tree; that staff have already visited the property; and requesting that the City undertake an independent study of this situation to determine responsibility for the damage and report back to the Community Council.

(h) Request for Traffic Count on Menin Road - Ward 28, York Eglinton.

The York Community Council reports having:

(1) requested the Director, Transportation Services, District 1, to undertake a traffic count of vehicles on Menin Road and report back to the Community Council; and

(2) received the following communication:

(May 14, 1999) Councillor J. Mihevc advising that residents have complained that the volume of traffic has increased on Menin Road since the installation of the parking meters have been reinstated on Eglinton Avenue West; and requesting that staff conduct a traffic count on Menin Road in order to address this problem.

(i) Request for Poll to Rescind Alternate Side Parking on Beechwood Avenue and to Re-Instate Exclusive Parking on the East Side of Beechwood Avenue - Ward 27, York Humber.

The York Community Council reports having:

(1) requested the City Clerk to undertake a poll of the residents on Beechwood Avenue to determine interest in rescinding the alternate side parking regulations on Beechwood Avenue; and reinstating exclusive parking on the east side of the street; and

(2) received the following communication:

(May 26, 1999) Councillor F. Nunziata requesting that a poll of the residents on Beechwood Avenue be undertaken, and forwarding copy of a report (May 10, 1999) from Transportation Services Division, in response to a request to review the feasibility of rescinding alternate side parking and reinstating exclusive on-street parking on the east side of Beechwood Avenue, advising that a review indicates that there would be no benefit in terms of available parking spaces with this proposal; that there is an equal complement of 16 curbside parking spaces available on the east and west sides of Beechwood Avenue between Lambton Avenue and Outlook Avenue respectively; that maintaining the existing alternate side parking regulations on Beechwood Avenue between Lambton and Outlook Avenues benefits all the residents from a City street maintenance perspective; but that the final decision to reverse and reinstate exclusive on-street parking on the east side of Beechwood Avenue would be subject to a poll revealing the majority of municipally addressed property owners support this traffic management change.

(j) Request for Pedestrian Crosswalk and Bus Shelter on Weston Road near Dora Spencer Road - Ward 27, York Humber.

The York Community Council reports having:

(1) requested the Director, Transportation Services, District 1, to investigate and report on the installation of a pedestrian crosswalk and bus shelter on Weston Road and Dora Spencer Road; and

(2) received the following communication:

(May 14, 1999) Councillor F. Nunziata forwarding a communication (May 7, 1999) from Our Lady of Victory Place Seniors Residence, advising that seniors are at risk in crossing Weston Road and requesting the installation of a pedestrian crossover; and also that many of the residents use the TTC service, there are new homes in the area, two towers and a school are being built, and requesting that a bus shelter be installed on the east and west sides of Weston Road near Dora Spencer Road.

(k) Lambton House - Ward 27, York Humber.

The York Community Council reports having requested the Manager, Healthy Environments, West Region, to meet with the Secretary-Treasurer, Heritage York, to correct the information in the following report, to find ways to increase the current limit of 40 persons; and to explore the possibility of an exemption for liquor licensing purposes:

(June 16, 1999) Manager, Healthy Environments, West Region, responding to a request from the York Community Council and providing information on:

(1) a Review of Health Division's Previous Comments - that a Building Permit was applied for on July 17, 1997 and was approved/issued on March 4, 1998; that it was approved as a recreational establishment with the multipurpose rooms to be used for mainly internal meetings; that the approved occupancy load for this type of facility was set at 92 persons for the first floor only; that as there was no mention of an operating kitchen or a requirement for a Liquor Licence, the Health Department was not asked for comments or to approve the plans; that on June 11, 1998 an application was received requesting approval for licencing the facility for 91 persons for the purposes of providing alcoholic beverages and that a Business and Liquor Licence was applied for; that under the Ontario Food Premises Regulation, the sanitary facility requirements are clearly set out; these requirements are applied to all restaurants, banquet halls and similar facilities throughout the City of Toronto and Ontario; that the requirements set out in the Food Premises Regulation are the same as set out in the Building Code where a liquor licence is required; that in order to obtain an increase in the licenced capacity for this facility under the Food Premises Regulation, additional sanitary facilities would have to be provided;

(2) a Comparison of Facilities - advising that a complete report is not available; that there are over 3,000 heritage buildings in the former City of Toronto alone; that a quick survey of heritage buildings with liquor licences throughout Toronto was done and all surveyed were in compliance with the Food Premises Regulation and no exemptions were reported; that the Healthy Environments Managers were canvassed and all agreed that the Food Premises Regulation should apply and exemptions should not be made;

and recommending that:

1. this report be received for information; and

2. a committee be struck with a minimum of members from Heritage York, Public Health, Fire and Urban Development to determine proposed usage of the facility and discuss the standards required.

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

- Ms. Margo Duncan, Secretary-Treasurer, Heritage York; and

- Mr. Michael Freeman, Heritage York.

(l) Request for Installation of a Flashing Light at the Stop Sign at King Road and George Street - Ward 27, York Eglinton.

The York Community Council reports having:

(1) requested the Director, Transportation Services, District 1, to install a flashing light at the stop sign at King Road and George Street, as a cautionary measure and to enhance the visibility of the stop sign; and

(2) received the following communication:

(June 15, 1999) Councillor F. Nunziata, advising that the Weston Community Concerns Committee would like to make a deputation on the installation of a flashing east/west light at the intersection of King Road and George Street in view of traffic hazards at this location.

--------

- Mr. Art Venables, Weston Community Concerns Committee, appeared before the Community Council in connection with the foregoing matter.

(m) Liquor Licence Issued to Robinson Crusoe Restaurant, 2007 Lawrence Avenue W., Unit 14 - Ward 27, York Humber.

The York Community Council reports having:

(1) requested the City Clerk to send a letter to the Alcohol and Gaming Commission of Ontario, reiterating that City Council on May 11 and 12, 1999, adopted Clause No. 8 of Report No. 5 of the York Community Council, wherein the Community Council deemed the issuance of a liquor licence to the above establishment to be contrary to the public interest; and requesting a response as to why the City's position was not taken into consideration; and

(2) received the following communications:

(i) (June 10, 1999) from Councillor Nunziata advising that the Alcohol and Gaming Commission claims to have no record of receiving the City's objection to the issuance of the liquor licence; and

(ii) (June 10, 1999) from Councillor Nunziata to the Alcohol and Gaming Commission requesting information as to why the City's position was not taken into consideration.

(n) Concerns Regarding Parking Permits and Parking in Residential Areas - Ward 27, York Humber.

The York Community Council reports having requested the Director, Transportation Services, District 1, to report on the following communication:

(June 11, 1999) from Councillor F. Nunziata forwarding a motion advising that several auto body garages along St. Clair Avenue West have received permits to accommodate additional parking required; that it appears that the number of vehicles being parked on neighbouring residential streets is in excess of the permits issued and is creating problems in the residential areas; and requesting that staff report on this matter and recommend measures to resolve these concerns.

(o) Request for Advance Green Light at Jane Street and Pritchard Avenue- Ward 27, York Eglinton.

The York Community Council reports having requested the Commissioner, Works and Emergency Services, to modify the traffic control signals at Jane Street and Pritchard Avenue to include an advance green signal for southbound vehicles on Jane Street turning eastbound onto Pritchard Avenue.

The York Community Council had before it the following motion:

(June 2, 1999)from Councillor F. Nunziata:

WHEREAS there is an exceptionally high volume of traffic southbound on Jane Street, turning eastbound on Pritchard Avenue in peak rush hour periods, making it difficult for motorists to clear the intersection; and

WHEREAS this volume of traffic creates delays for the southbound Scarlett Road bus and motorists turning east on Pritchard Avenue; and

WHEREAS the large number of children and parents walking to the area school and the number of parents dropping off children in vehicles also contributes to the slowing down of traffic;

THEREFORE BE IT RESOLVED that the Commissioner of Works and Emergency Services be requested to install an advance green signal at the Jane Street/Pritchard Avenue intersection, for southbound vehicles on Jane Street turning east on Pritchard Avenue, to facilitate improved traffic flow and to permit at least two or three vehicles to turn onto Pritchard Avenue at each signal rotation during rush hours.

(p) Request for Change in Direction of Traffic on the Portion of the Municipal Lane between Nickle Street and Mahoney Avenue - Ward 27, York Humber.

The York Community Council reports having requested the City Clerk to undertake a poll of the residents on Cobalt Street, Mahoney Avenue, Nickle Street and Sedan Avenue, to determine interest in changing the direction of traffic in the municipal lane from two-way to one-way southbound.

The York Community Council had before it a report (June 14, 1999) from the Director, Transportation Services, District 1, responding to a request from York Community Council for a report on the feasibility of changing the direction of traffic from two-way to one-way southbound on the municipal lane between Nickle Street and Mahoney Avenue; and advising that designating that portion of the municipal lane between Nickle Street and Mahoney Avenue in a one-way southbound direction would provide a consistent standard over the total length of the lane. Since this section of the lane currently provides access for two abutting local residential property owners and is accessible in a north/south direction for those residents on Cobalt Street, Mahoney Avenue, Nickle Street and Sedan Avenue it is recommended the residents be consulted to determine their support to change it into a one-way southbound operation; that approval would be subject to a poll revealing the majority of residents support the traffic regulation change; that funds associated with the implementation of changing the direction of traffic to one-way southbound on the municipal lane between Nickle Street and Mahoney Avenue are estimated at $200.00, are contained in the Transportation Services Division 1999 Current Budget; and recommending that subject to a poll revealing the majority of residents on Cobalt Street, Mahoney Avenue, Nickle Street and Sedan Avenue are in favour, that York Uniform Traffic By-law Nos. 196-84 and 2958-94 be amended to change the direction of traffic from two-way to one-way southbound on the portion of municipal lane between Nickle Street and Mahoney Avenue.

(q) Request for On-Street Permit Parking on Outlook Garden Blvd. Ward 27, York Humber.

The York Community Council reports having requested the City Clerk to undertake a poll of the residents on Outlook Garden Boulevard to determine interest in on-street permit parking.

The York Community Council had before it a report (June 14, 1999) from the Director, Transportation Services, District 1, responding to a request from York Community Council for a report on the feasibility of implementing on-street permit parking on Outlook Gardens Boulevard; advising that currently on-street parking is allowed at all times on both the east and west sides of Outlook Gardens Boulevard, for a maximum period of three (3) hours; that field surveys reveal there are 32 curb side parking spaces on the east side; that residential development on Outlook Gardens Boulevard is exclusively confined to the west side of the street with access to these private residences provided on the west side only; that the east side of the street directly abuts the rear yards of those residents of Grandville Avenue, separated by a continuous wooden fence; that it is feasible to implement on-street permit parking along the east side of Outlook Gardens Boulevard, subject to a poll revealing the majority of residents are in favour; that at the same time, parking should be prohibited at all times on the west side to provide two-way traffic flow, the restriction of parking to the east side only will not affect the amount of parking available as, in reality, parking is only possible on one side due to the narrowness of the street and the number of driveways on the west side; that funds associated with the implementation of permit parking, estimated at $400.00, are contained in the Transportation Services Division 1999 Current Budget; and recommending that:

(1) subject to a poll revealing the majority of residents are in favour, the implementation of on-street permit parking on Outlook Gardens Boulevard be approved; and

(2) subject to a positive result to the poll identified in Recommendation No. 1 above, that York Uniform Traffic By-law Nos. 196-84 and 2958-94 be amended to prohibit parking any time on the west side of Outlook Gardens Boulevard between Outlook Avenue and Lambton Avenue.

(r) Proclamation of Lesbian and Gay Pride Week June 21-27, 1999.

The York Community Council reports having endorsed the Proclamation, by Mayor Lastman, on behalf of the people of the City of Toronto, proclaiming June 21-27, 1999 as Lesbian and Gay Pride Week.

Respectfully submitted,

ROB DAVIS

Chair

Toronto, June 22, 1999

(Report No. 7 of the York Community Council including an addition thereto, was adopted, as amended, by City Council on July 6, 7 and 8, 1999.)