Item - 2018.NY27.1
Tracking Status
- City Council adopted this item on January 31, 2018 with amendments.
- This item was considered by North York Community Council on January 16, 2018. It is being forwarded to City Council without recommendations. It will be considered by City Council on January 31, 2018.
- See also By-laws 164-2018, 165-2018
NY27.1 - Final Report and Class 4 Noise Area Classification (NPC-300) - Zoning By-law Amendments and Draft Plan of Subdivision Approval Applications - 36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright Avenue
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 15 - Eglinton-Lawrence
City Council Decision
City Council on January 31 and February 1, 2018, adopted the following:
1. City Council amend the former Zoning By-law 7625 for the lands at 36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (December 15, 2017) from the Director, Community Planning, North York District.
2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (December 15, 2017) from the Director, Community Planning, North York District.
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.
4. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the draft plan of subdivision as generally illustrated on Attachment 2 to the report (December 15, 2017) from the Director, Community Planning, North York District, subject to:
a. the conditions as generally listed in Attachment 11 to the report (December 15, 2017) from the Director, Community Planning, North York District, which except as otherwise noted must be fulfilled prior final approval and the release of the plan of subdivision for registration; and
b. any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development.
5. Before introducing the necessary Bills to City Council for enactment, City Council direct that the owner shall submit a Stormwater Management Report and a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
6. City Council classify the lands municipally known as 36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright Avenue, being subject to draft plan of subdivision approval in Plan of Subdivision Application 14 119126 ESC 41 SB, as a Class 4 Noise Area pursuant to Publication NPC-300 (Ministry of Environment and Climate Change Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning) on the draft plan of subdivision as shown on Attachment 2 to the report (December 15, 2017) from the Director, Community Planning, North York District.
7. City Council amend Attachment 8, headed "Draft Plan of Subdivision Conditions" to the report (December 15, 2017) from the Director, Community Planning, North York District by:
a. amending Condition 6 to read as follows:
The owner shall provide a three metre high acoustic fence along the entire north property line and the north portion of the east property line of the site as well as a two metre high acoustic fence on top of the proposed retaining wall along the west property line of the site to provide attenuation of both the Highway 401 noise and that from adjacent commercial/industrial operations. The existing fence at the south (rear) of 95 Bridgeland Avenue shall remain and not be disturbed by the proposed acoustical fence.
b. amending Condition 11 to read as follows:
The owner shall provide all proposed units with a proximity warning clause in the Subdivision Agreement advising owners and future owners of the proposed units that the activities and/or equipment associated with adjacent commercial/industrial facilities may at times be audible or cause vibration and exhaust from vehicles servicing the commercial/industrial facilities in the loading and unloading areas. Adjacent commercial/ industrial operations may operate on a 24 hour basis, 7 days a week.
c. adding a new Condition 36 to read as follows and re-numbering subsequent Conditions:
The owner shall replace boundary tree #892 with three native tree species in a similar location at the rear of proposed Lot #5, wholly on subject site and south of the proposed acoustic fence.
7. City Council direct the Chief Planner and Executive Director, City Planning or designate to provide a copy of City Council's decision on the Item to the Ministry of Environment and Climate Change.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-109994.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-112367.pdf
Communications (Community Council)
Motions (City Council)
That City Council adopt the following recommendations contained in the supplementary report (January 30, 2018) from the Acting Chief Planner and Executive Director, City Planning Division [NY27.1a]:
1. City Council adopt the recommendations contained within the Planning Staff report entitled "36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright Avenue – Zoning By-law Amendments and Draft Plan of Subdivision Approval Applications – Final Report and Class 4 Noise Area Classification (NPC-300)", dated December 15, 2017, subject to:
a. Amending condition #6 in Attachment #8, Draft Plan of Subdivision Conditions of the December 15, 2017 staff report to read as follows:
"The owner shall provide a 3 metre high acoustic fence along the entire north property line and the north portion of the east property line of the site as well as a 2 metre high acoustic fence on top of the proposed retaining wall along the west property line of the site to provide attenuation of both the Highway 401 noise and that from adjacent commercial/industrial operations. The existing fence at the south (rear) of 95 Bridgeland Avenue shall remain and not be disturbed by the proposed acoustical fence.
b. Amending condition #11 in Attachment #8, Draft Plan of Subdivision Conditions of the December 15, 2017 staff report to read as follows:
"The owner shall provide all proposed units with a proximity warning clause in the Subdivision Agreement advising owners and future owners of the proposed units that the activities and/or equipment associated with adjacent commercial/industrial facilities may at times be audible or cause vibration and exhaust from vehicles servicing the commercial/industrial facilities in the loading and unloading areas. Adjacent commercial/ industrial operations may operate on a 24 hour basis, 7 days a week."
c. Amending Attachment #8, Draft Plan of Subdivision Conditions, of the December 15, 2017, staff report to add a new Condition #36 to read as per below and re-number subsequent conditions:
"The owner shall replace boundary tree #892 with three native tree species in a similar location at the rear of proposed Lot #5, wholly on subject site and south of the proposed acoustic fence."
Vote (Adopt Item as Amended) Feb-01-2018 5:09 PM
| Result: Carried | Majority Required - NY27.1 - Colle - motion 1 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 38 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Neethan Shan, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are David Shiner |
| Total members that were Absent: 6 | Members that were absent are Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Giorgio Mammoliti, James Pasternak, Jaye Robinson |
NY27.1 - Final Report and Class 4 Noise Area Classification (NPC-300) - Zoning By-law Amendments and Draft Plan of Subdivision Approval Applications - 36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright Avenue
- Decision Type:
- ACTION
- Status:
- Without Recs
- Ward:
- 15 - Eglinton-Lawrence
Public Notice Given
Statutory - Planning Act, RSO 1990
Community Council Recommendations
North York Community Council submits this item to City Council without recommendation.
Decision Advice and Other Information
North York Community Council held a statutory public meeting on January 16, 2018 and notice was given in accordance with the Planning Act.
North York Community Council:
1. Directed City Planning staff to conduct a lot study on the residential streets bounded by Highway 401, Dufferin Street, Caledonia Road, and Orfus Road to identify and discourage lot severances and assembly in the area.
2. Directed City Planning staff to review further noise and vibration attenuation measures and report to City Council at its next meeting on January 31, 2018.
Origin
Summary
These applications for Zoning By-law Amendments and Draft Plan of Subdivision propose to amend the former North York Zoning By-law and City of Toronto Zoning By-law and subdivide the lands at 36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright Avenue to permit 8 detached dwellings on 8 residential lots on a public street terminating in a cul-de-sac.
This report reviews and recommends approval of the application to amend the Zoning By-laws.
This report also recommends that City Council designate the proposed lots as a Class 4 Area under relevant provincial noise guidelines administered by the Ministry of Environment and Climate Change (MOECC).
A Class 4 noise area classification allows for higher daytime and night-time sound level limits than would otherwise be permitted in relation to a noise sensitive land use such as residential dwellings and associated outdoor living areas. The impact of such higher levels is mitigated by specified noise control measures.
Environmental noise impact assessments prepared in support of this development confirm that the proposed lots within the draft plan of subdivision can be appropriately considered for a Class 4 noise area classification provided specific noise control measures are incorporated within the design of the development. Required measures will be secured in the draft plan of subdivision conditions.
Background Information
https://www.toronto.ca/legdocs/mmis/2018/ny/bgrd/backgroundfile-109994.pdf
Communications
Speakers
Robert Dragicevic, WND Associates
Motions
That North York Community Council:
1. Direct City Planning staff to conduct a lot study on the residential streets bounded by Highway 401, Dufferin Street, Caledonia Road, and Orfus Road to identify and discourage lot severances and assembly in the area.
2. Direct City Planning staff to review further noise and vibration attenuation measures and report to City Council at its next meeting on January 31, 2018.
That North York Community Council submit this item to City Council without recommendation.