36. Official Plan and Zoning By-law Amendment for 870 Jane St.

 Commissioner of Development Services, York Civic Service Centre

(March 11, 1998)

 Purpose:

 This report is for the approval of an Official Plan Amendment and rezoning

application for the lands at 870 Jane Street.

 Funding Sources, Financial Implications and Impact Statement:

 Not Applicable

 Recommendation:

 It is recommended that:

 (1)the application be approved; and,

 (2)the Official Plan, and Zoning By-law 1-83 be amended in accordance with the draft Official Plan Amendment (Appendix 3), and the draft Zoning By-law (Appendix 4), subject to the owner submitting a plan addressing site stormwater management and landscape buffering abutting Smythe Park, satisfactory to the Commissioner of Development Services, prior to the introduction of the associated Bills to Council.

 Background

 (1)Application

 The applicant wishes to change the Official Plan and Zoning By-law designations to allow the legal non-conforming public garage at 870 Jane Street to remain as a conforming use, while also allowing a full range of commercial uses.

 (2)Location

 The site is located on the west side of Jane Street at Alliance Avenue, and has an area of 1,630 m2 (17,550 ft2). The frontage on Jane Street is 45.7 m (150 ft). (See Appendix 1 - Location Map). An existing one storey building, used as a public garage, is set back 13.7m (45 ft) from the front lot line and has a gross floor area of 125 m2 (1,350 ft2).

 Land uses abutting the site are as follows:

 North: 14 storey apartment building

East:a commercial plaza on the northeast side of Jane Street and Alliance Avenue

West:Smythe Park

South:Black Creek and entrance to Smythe Park

 (3)Existing Official Plan and Zoning By-law

 The existing York Official Plan places the site in a Low Density Residential Area. An Official Plan amendment is required to allow the current use.

 The York Zoning By-law places the site in a G - Green Open Space zone which allows parks, playfields, playgrounds, golf courses, cemeteries, agricultural uses. The existing use and other commercial uses are not permitted in this zone, therefore a rezoning is required.

 Comment:

 (1)Proposal

 The applicant wishes to change the Official Plan and Zoning By-law designations to allow the existing use along with a full range of commercial uses. The new designations would be Mixed Use for the Official Plan and LCR - Local Commercial Residential for the Zoning By-law. These two designations allow a wide range of commercial and residential uses, apart from the existing public garage.

 (2)Issues

 The following issues arise as a result of the review of the application by the Development Services and other former City of York departments:

 a) appropriateness of a Aconforming@ status

b) use for parks purposes

c)required improvements

d)proposed new Official Plan and Zoning designation

 (3)Evaluation

 A.Appropriateness of a AConforming@ Status

 Section 27 of the Official Plan contains the policies for non-conforming uses. The general principal is that non-conforming uses should cease to exist over time.

 Non-conforming uses are not allowed to expand or change to another non-conforming use without approval of the Committee of Adjustment. Conforming uses need only apply for a building permit. Selling the property is also more difficult because the use can only be the same as the existing legal non-conforming use or must revert to a conforming use. In the case of this property, the building on the site is a public garage. It can only be sold as a public garage or for parks purposes, the latter of which discounts the value substantially.

 This public garage is in an area of commercial and high density residential uses. It is therefore not out of character with the area. The use has been at this location on Jane Street for many years. Rezoning the land to allow the existing use, and other commercial uses to serve the local population, would not cause any neighbourhood problems.

 B.Use for Low Density Residential or Parks Purposes

 The existing Low Density Residential Official Plan designation does not appear to be appropriate since it is located immediately adjacent to a 25 storey apartment building. The surrounding uses are high density residential or commercial, except for the park, and this site does not appear to be the most appropriate location for a low density residential development.

 Another alternative use to the public garage could be an expansion of the entrance to Smythe Park, which would be in conformity with the existing zoning. This would require the City to purchase the property for that purpose. However, funds for the acquisition of the site have not been identified in the capital budget for 1997, nor has the acquisition been deemed a priority by the Community Services Department for the York Civic Service Centre.

 C.Proposed Official Plan and Zoning Designation

 The proposed Official Plan designation is Mixed Use which allows a range of commercial, proposed residential and recreational uses.

 The Local Commercial/Residential (LCR) zone allows for a public garage and is the most appropriate designation to be applied to the site. In addition to the existing use, the zone allows townhouses, apartment buildings, retail stores, offices, restaurants, recreational uses (including Green Open Space), institutions, and commercial schools.

 The allowed uses in the LCR Zone do not conflict with the existingsurrounding uses. Should the site be redeveloped at a future date for another use allowed in this zone, a Site Plan Approval application would be required. The processing of the latter application would ensure that there was proper buffering, setbacks, etc. of the new building to ensure the protection of the park.

 D.Required Improvements

 Some buffering is required now to protect the Jane Street entrance to Smythe Park from the view and stormwater runoff from the public garage use. As a precondition to the passing of the By-laws to adopt the Official Plan Amendment and to rezone the site, a detailed plan for addressing site stormwater management and landscape buffering abutting Smythe Park is required to be submitted to the satisfaction of the Commissioner of Development Services.

 Conclusions:

 Hardship will not be created for the existing surrounding uses by turning the public garage into a conforming use. Some buffering and stormwater management measures are required to protect the park entrance. It is recommended that the application and the amendments to the Official Plan and Zoning By-law, attached as Appendices 3 and 4, be approved subject to the owner submitting a plan addressing site stormwater management and landscape buffering abutting Smythe Park, satisfactory to the Commissioner of Development Services, prior to the introduction of associated Bills to Council.

 Contact Name:

 K.W. Johncox, Senior Planner

Phone: 394-2869Fax: 394-2782

 (All attachments are on file in the Clerk=s Office, York Civic Service Centre)