The York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report of the York Commissioner of Development Services (March 11, 1998) and for the reason that the proposal is an appropriate use of the lands, recommends as follows:

(1) that the draft Official Plan and Zoning By-law amendments attached to the report of the York Commissioner of Development Services (March 11, 1998), with respect to applications submitted by Mr. Erwin Kurtz, regarding official plan and zoning by-law amendments for 870 Jane Street, be approved;

(2) that the report of the York Commissioner of Development Services (March 11, 1998) be adopted; and

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

The York Community Council reports, for the information of Council, having held a statutory public meeting on April 1, 1998, in accordance with Section 34 of The Planning Act, and that appropriate notice of this meeting was given pursuant to The Planning Act and the regulations thereunder.

The York Community Council submits the following report (March 11, 1998) from the York Commissioner of Development Services:

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 "conforming" status;

(b) use for parks purposes;

© required improvements; and

(d) proposed new Official Plan and Zoning designation

(3) Evaluation:

A. Appropriateness of a "Conforming" 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 existing surrounding 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

York Civic Centre.

Phone: 394-2869 Fax: 394-2782

The Community Council also submits the following communication (March 31, 1998) from Ms. Madeline McDowell, Chair, Humber Heritage Committee:

The members of Humber Heritage Committee discussed this matter at our meeting on March 24, 1998.

Black Creek is an important tributary of the Humber River and under the leadership of the Black Creek Conservation Project, among others, some headway is being made in the natural restoration and clean up of the Creek.

This site, 870 Jane Street, is adjacent to Smythe Park and is virtually on the stream corridor of Black Creek. The Greenbelt Zoning is a recognition of this fact.

The non-conforming use is approximately three decades old and its continuance is acceptable, but any change in use should result in a reversion to parkland.

One acceptable alternative to this is to make that site (870 Jane Street) the primary vehicular entrance to Smythe Park rather than the entrance from Scarlett Road. The springs and wetlands could then be properly developed or regenerated in the westerly end of the park. At the same time, the high cost of maintaining the road through that area could be reduced.

Any zoning change for the site at 870 Jane Street away from Greenbelt or parkland would be unacceptable not only from an ecological and aesthetic standpoint but also from that of public safety due to the proximity of Black Creek with its propensity for flooding. There have been several drownings within a few hundred metres of where the Black Creek passes under Jane Street and close to this property.

Humber Heritage Committee is most concerned about any zoning change on this site and strongly recommends that the present G zoning be maintained.

Thank you for your attention.

WHEREAS by By-law No. 1520 passed on the 23rd day of October 1972, the Council of the Corporation of the Borough of York adopted the Official Plan of the Borough of York Planning Area; and

WHEREAS it is deemed advisable to adopt an Amendment as Amendment Number One Hundred and Fifty-One to the Official Plan of the Borough of York Planning Area now the City of York Planning Area; and

WHEREAS Council has provided adequate information to the public and has held a public meeting in accordance with The Planning act, R.S.O. 1990;

NOW THEREFORE THE COUNCIL OF THE CITY OF TORONTO ENACTS AS FOLLOWS:

THAT Amendment No. 151 to the Official Plan of the Borough of York Planning area (now the City of York Planning Area), annexed hereto, be adopted, and

THAT the City Clerk be authorized to make application to the Minister of Municipal Affairs and Housing for approval of the said Amendment.

ENACTED and PASSED this day of , 1998.

PART 5 - THE AMENDMENT

All of this part of the document entitled Part B - The Amendment, consisting of the following District map change, constitutes Amendment No. 151 to the Official Plan for the City of York.

DETAILS OF THE AMENDMENT

The Official Plan for the City of York is amended as follows:

(a) by changing the designation of the lands municipally known as 870 Jane Street, as shown on Schedule "A" to this Amendment from LOW DENSITY RESIDENTIAL to MIXED USE and by amending Schedule D-2 District Plan 2 of the Official Plan accordingly.

THE COUNCIL OF THE CITY OF TORONTO (1998) ENACTS AS FOLLOWS:

1. THAT Section 6 of the City of York By-law No. 1-83, as amended, be further amended by adding the following as a new Subsection (55):

"55 MAP 21

By changing the area shown on District Map 21, which area comprises the lands known as 870 Jane Street and is shown on Schedule "A" hereto, from a G District to an LCR District and by changing District Map 21 accordingly."; and

2. 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 on the date of its passing.

ENACTED and PASSED this day of , 1998.

The following persons appeared before the York Community Council:

- Mr. Erwin Kurtz in support of his application.

- Ms. Madeline McDowell regarding the above communication (March 13, 1998); and

- Ms. Sandra Melville commented that under the existing by-law the property could continue as a legal non-conforming use, even if the property was zoned green open space; expressed concern that the change could allow for other uses, and that the property should be reverted to park space or continue in its present form.

(Copies of the Appendices 1 and 2 and Schedule 'A', referred to in the foregoing report, were forwarded to all Members of Council with the agenda of the York Community Council meeting of April 1, 1998, and a copy thereof is on file in the Clerk's Department, York Civic Service Centre.)