7. Zoning By-law Amendment FOR 723 and 725 Jane Street and 120 Corbett
"Recommendation:
(November 20, 1997) From the Commissioner of Development Services
(1)That the City Clerk be authorized to provide notification for a Planning Act Public Meeting at the earliest possible date.
(2)That the application and the draft Zoning By-law (Schedule 1), worded to the satisfaction of the City Solicitor, be considered for approval, subject to holding a Planning Act Public Meeting and submission of a supplementary report addressing any issues arising from the Public Meeting and written submissions.
(3)That the Owner enter into a Development Agreement with the City prior to the enactment of the Zoning By-law.
Discussion:
1.0 BACKGROUND
1.1 Application:
The applicant wishes to change the Zoning By-law designation to allow the existing legal non-conforming pharmacy and medical offices at 725 and 729 Jane Street to become as-of-right uses, along with the addition of an accessory parking lot at 120 Corbett Avenue.
1.2 Location:
The site is located on the north-east corner of Jane Street and Corbett Avenue and has an area of 940 m2. The frontage on Jane Street is 33.5 m and the frontage on Corbett Avenue is 28 m. (See Map 1 - Location Map). An existing 2 storey building, with a floor area of 715 m2, has White's Pharmacy on the ground floor and medical offices above. A one storey detached bungalow is on the east portion of the site at 120 Corbett Avenue. Parking is currently provided on the boulevard.
Land uses abutting the site are as follows:
North: Hydro corridor and retail plaza
East: low density houses
West: low density houses
South: low density houses
1.3 Existing Official Plan and Zoning By-law
The existing Official Plan places the site in a Low Density Residential Area. This designation allows for low density residential uses (single, semi-detached and townhouses), and ancillary uses including minor commercial facilities oriented to the local population. The pharmacy and medical offices are considered minor commercial facilities oriented to the local population. The use is in conformity with the Low Density Area designation of the Official Plan.
The Zoning By-law places the site in an R2 area. Commercial uses are not allowed in this zone which primarily permits single, semi-detached and duplex houses, along with some institutional and recreational uses. The existing use is legal non-conforming; it and the proposed parking lot expansion are not permitted uses in an R2 zone.
2.0 DEVELOPMENT PROPOSAL
The applicant wishes to change the Zoning By-law so that the existing uses are permitted, as-of-right, along with an accessory parking lot with 12 spaces to service the pharmacy and medical offices. The bungalow at 120 Corbett Avenue is to be demolished to accommodate the parking lot.
3.0 ISSUES
The following issues arise as a result of the review of the application by the Development Services Department and other City of York departments:
- allowing the existing uses to become conforming
- desirability of the expansion
- required improvements
- Proposed zoning and exceptions
4. EVALUATION
4.1 Allowing the Existing Uses to become Conforming
The commercial building is adjacent to other zoned commercial uses to the north and conforms to the uses permitted by the Official Plan policies for Low Density Residential areas. The Zoning By-law does not allow the use, however it has been in existence as a legal non-conforming use for many years and provides a valuable service to the local community.
The Official Plan states that non-conforming uses should cease to exist over time and the land should revert to a conforming use. The owner intends to continue the use and has applied to expand it by creating an accessory off-street parking area for his customers.
The use is located on an arterial road with a mixture of commercial and residential uses in the local area. However the zoning is R2 except for the site specific by-laws relating to the various plazas which have been developed on Jane Street. The request is not to allow a new commercial use on the street but rather to allow an existing long-standing use which conforms to the Official Plan to be permitted by the Zoning By-law. The site is suitable for the uses and the accessory parking use, subject to controls to limit the amount of development and the location of the uses on site.
4.2 Desirability of the Expansion
The expansion of the use consists of the provision of an accessory parking lot with 12 spaces for the existing commercial use. A house which currently exists on the site of the proposed parking lot will be removed. The lot will alleviate customer parking which is now on the street, thus improving the parking conditions for residents in the area.
While the parking lot extends the commercial uses into a residential area, the extension is marginal and remains at the periphery of the stable residential area. The parking lot is an appropriate size, will not generate more traffic and will provide adequate spaces for the size of the commercial use. The number of parking spaces required by the Zoning By-law for an existing pharmacy and medical office is 12. These are proposed to be provided.
The nuisance factors of noise, fumes, vibrations, etc. will not be increased by the addition of the parking lot, nor will it generate more traffic. The homes to the east are proposed to be protected by a 1.8 metre high solid board fence and a landscape strip. Existing municipal services are adequate.
4.3 Required Improvements
As a result of negotiations with Development Services Department staff, the parking spaces on the public boulevard have been eliminated and replaced with a landscaped area. A 1.8 metre high solid board fence and 3 metre wide landscape strip will separate the parking area from abutting dwellings to the east. The lane to the north is separated from the parking area by a 0.6 metre high concrete barrier.
The provision of landscaping and other buffers between the commercial and residential uses will be insured by the owner entering into a Development Agreement for the property.
4.4 Proposed Zoning and Exceptions
Local Commercial- Residential (LCR) zoning is proposed for the property. It will allow a range of commercial uses, including the existing uses, and compatible residential uses. The LCR designation also allows restaurants and public garages which are not considered appropriate to this site due to its proximity to low density residential uses. A site specific exemption is proposed to prohibit these uses from locating on the site.
Alternatives and Rationale:
N/A
Financial Implications/Source of Funding:
N/A
Conclusions:
The pharmacy and medical office are minor commercial uses which conform to the Official Plan but not the Zoning By-law. The expansion of the commercial use to include an accessory parking lot with landscape buffering will not adversely affect the residential neighbourhood, but actually increase the available street parking for residential uses.
The LCR zoning will allow a full range of commercial and residential uses, except for restaurants and public garages. This will permit the current use and future commercial uses.
It is recommended that the site be rezoned in accordance with the attached Schedule 1 - Draft Zoning By-law. "
(The following attachments are on file in the Clerk’s Office:
APPENDIX 1 LOCATION MAP
APPENDIX 2 SITE PLAN
SCHEDULE 1 DRAFT ZONING BY-LAW)
