Zoning Amendment Application UDZ-98-12 -

Tak On Developments Ltd. - 221 Finch Avenue East -

North York Centre

The North York Community Council, based on the findings of fact, conclusions and recommendations contained in the following report (September 23, 1998) from the Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of the lands, recommends that the application submitted by Tak On Developments Ltd. regarding Zoning Amendment for 221 Finch Avenue East, be approved subject to the conditions outlined in the report.

The North York Community Council reports having held a statutory public meeting on October 14, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (September 19, 1998) from the Director, Community Planning, North District:

Purpose:

The purpose of this final report is to provide appropriate conditions of approval for this application.

Financial Implications:

Not applicable.

Recommendations:

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

(1)the R6 zoning on the property be amended to RM2(19);

(2)the RM2(19) zoning exception be amended by deleting section (b) and replacing it with the following:

"(b)(i)the minimum lot frontage shall be 7 metres for each semi-detached dwelling unit and 15 metres for each semi-detached dwelling or duplex dwelling; and

(ii)for property zoned RM2(19) at 221 Finch Avenue East, the minimum lot frontage shall be 7 metres for each semi-detached dwelling unit and 14.5 metres for each semi-detached dwelling;

(3)prior to enactment of the zoning by-law, the applicant shall: (i) submit a landscape plan satisfactory to the Director, Community Planning, North District, specifically addressing site and streetscape improvements in accordance with Secondary Plan guidelines, required Finch Avenue widening, and preservation of existing trees; and (ii) convey all required road widenings along Finch Avenue East;

(4)the conditions of the Works and Emergency Services Department, Transportation Services Division as set out in Schedule F; and

(5)at the appropriate time, Council approve a by-law for exemption from part lot control in accordance with the conditions and policies adopted for part lot control exemption. Prior to releasing part lot control on the site, the applicant shall have submitted a letter of undertaking stating that upon the sale or transfer of the last parcel of land, the City will be advised in order that the part lot control exempting by-law may be revoked.

Background:

Proposal:

The application proposes an amendment to the zoning by-law to permit a semi-detached dwelling on the site, as shown on attached Schedule C. Pertinent site statistics are set out below:

* based on required Finch road widening of 5.1 metres

Location and Existing Site:

The site is located on the south side of Finch Avenue East, between Wilfred Avenue and Estelle Avenue. This portion of Finch Avenue is developed with predominantly single-family, detached dwelling uses. Immediately west of the site is a place of worship and immediately east is a one-storey detached dwelling.

Planning Controls:

Official Plan:

The site is designated Central Finch Residential One (CFR-1) within the Central Finch Secondary Plan, which permits single and multiple-unit residential uses, in addition to parks uses, and places of worship. The Central Finch Secondary Plan encourages redevelopment and intensification of land uses in order to promote a mixed use area between Bathurst Street and Bayview Avenue. On Finch Avenue East, the Plan particularly encourages small multiple-unit residential buildings fronting onto Finch Avenue east of Willowdale Avenue. The maximum density permitted by the CFR-1 designation, for sites with a frontage of less than 30 metres, is 1.0 FSI.

Zoning:

The site is zoned One-Family Detached Dwelling, Sixth Density Zone (R6), which permits single-family residential uses.

Comments and Discussion:

Other Department Comments:

The Works and Emergency Services Department, Technical Services Division comments are attached as Schedule E.

The Works and Emergency Services Department, Transportation Services Division, notes that a total of 4 parking spaces are provided in conformity with by-law requirements. Further, a widening of 5.0 and 5.1 metres respectively along the westerly and easterly limit of the property is to be conveyed to the City for the required 36 metre Finch Avenue right-of-way. The applicant had shown a 4.87 metre conveyance. Additional comments are attached as Schedule F.

No objections were received from any of the departments and agencies circulated.

A community consultation meeting was not required for this application.

Planning Issues:

Land Use and Density

The proposed development meets the land use and density objectives of the Central Finch Secondary Plan.

Building Height

The Plan requires an overall building height of the lesser of three storeys or 10 metres, and requires that the height of any building shall not exceed 70 percent of the horizontal distance separating the new building from the nearest stable residential property line. With a proposed height of 3 storeys and 10 metres, and a rear yard setback of over 18 metres (61 ft.), the proposal falls within the building height and angular plane policies of the Plan.

Zoning Provisions

In October 1997, zoning exception RM2(19) was created in the context of a similar rezoning application at 142 Finch Avenue East. This exception (attached as Schedule H) is intended to apply to all semi-detached and duplex dwelling redevelopment within the Central Finch Secondary Plan area, with provisions set out for gross floor area, building height, and lot coverage maximums; and lot frontage, lot area, yard setbacks, and required parking minimums. With design modifications to the side yard setbacks, and to the front yard setback (from 5.7 metres to 6.0 metres minimum), the subject property can meet all of the RM2(19) provisions, except for minimum lot frontage.

RM2(19) requires a minimum frontage of 15.24 m and 7.6 m for each unit and dwelling respectively, but due to the narrowing of the lot from front to back, a minimum of 14.5 m and 7.2 m respectively can be provided for each dwelling and unit respectively at 221 Finch Avenue East. It is recommended that the RM2(19) standards be rounded to 15 m and 7 m respectively so that the exception can be used more easily within the Central Finch corridor. An amendment to the lot frontage requirement, of 14.5 m at this location, can be recognized in the RM2(19) exception for this lot only.

With the exception of side yards, the applicant is proposing zoning standards which are consistent with those permitted and proposed for recent semi-detached dwelling developments in the Central Finch Plan area (see Appendix 1).

The configuration of the property is such that it has a 15.92 m (52 ft.) frontage along Finch Avenue, which narrows to 10.7 m (35 ft.) at the rear of the lot. The applicant has proposed side yard setbacks of 0.91 m (3 ft.) at the widest part of the units at the front of the dwelling (see Schedule C). Notwithstanding the above, a minimum side yard setback of 1.2 metres (4 ft.) should still be maintained. This standard is the minimum that has been applied to semi-detached dwellings along Finch Avenue and other areas, and is the minimum setback required for detached dwellings in small lot zones. A reduced setback is not appropriate. A letter also was received from the owner immediately east (225 Finch Avenue) requesting that a 1.8 m (6 ft.) setback be maintained (Schedule G).

5.4Urban Design

In order to ensure the site plan and landscape treatment along Finch Avenue is implemented in accordance with the Secondary Plan provisions, it is appropriate to have the applicant submit a landscape plan to the satisfaction of the Director, Community Planning, North District, prior to enactment of a zoning by-law. This plan will also reflect the required Finch Avenue conveyance, and should ensure the preservation of existing trees on site as far as possible.

Conclusions:

The proposal to permit a semi-detached dwelling on this site is consistent with the intent of the Central Finch Secondary Plan and is recommended for approval.

Contact Name:

Anthony Rossi, Planner

Phone: 395-7100Fax: 395-7155

(A copy of the Schedules and Appendix 1 referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

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No individuals appeared before the North York Community Council in connection with the foregoing matter.