November 11, 1999
To: North York Community Council
From: Rob Dolan, Director,Community Planning, North District
Subject: Final REPORT
ZONING AMENDMENT APPLICATION
Jeniwin Limited
1549 Avenue Road
North York Centre South (Ward 9)
File No. UDZ-99-24
Purpose:
This is a final report on an application to amend the Zoning By-law in order to permit parking to be located on the rear
portion of the site in conjunction with a proposed one-storey building addition to the existing retail building at 1549
Avenue Road.
Financial Implications and Impact Statement:
All of costs associated with the processing of this application are included within the 1999 Operating Budget.
Recommendations:
It is recommended that the rezoning application be approved subject to the following conditions:
1. The current R3 Zoning of the rear portion of the property be amended to C1.
2. Prior to the enactment of the zoning by-law the Director, Community Planning, North District shall have granted site
plan approval.
3. The conditions of the Transportation Services Division, Works and Emergency Services Department, attached as
Schedule "D" be met;
4. The conditions of the Technical Services Division,Works and Emergency Services Department, attached as Schedule "
E" be met;
5. The conditions of the Policy and Development Division, Economic Development Culture and Tourism Department,
attached as Schedule "F" be met;
6. The conditions of the Healthy Environments Division, Public Health Department, attached as Schedule "G" be met; and
7. The conditions of the Toronto Region and Conservation Authority attached as Schedule "H" be met.
Background:
Proposal:
The site is located on the south-east corner of Douglas Avenue and Avenue Road. The applicant is proposing to construct a
one-storey addition to the rear of the existing retail building (lighting store) and is providing a new parking area at the rear
of the site. He is requesting an amendment to rezone the rear portion of the site from R3 to C1 so that parking for the
lighting store and proposed addition may be located on the rear portion of the property. The applicant has also applied for
site plan approval which is being processed concurrently with this rezoning application.
The rear portion of the site, which is zoned R3, was purchased by the applicant many years ago and abuts ravine lands at
the rear of the site. This portion of the site has no direct access onto Douglas Avenue and has commercial uses located
immediately to the west and south. The proposal is for a phased development that consists of two separate building
additions. The first phase, which has already been constructed, was for a one- storey addition to the front of the existing
retail building and required only a building permit. Phase II is for a one storey addition to the rear of the existing building
and the laying out of a new parking area which will require rezoning and site plan approval. Pertinent site statistics are
outlined below.
| Site area |
1,922.1 mē (C1) |
363 mē (R3) |
2,285.1 mē Total Site Area |
| Gross Floor Area |
Existing G.F.A. (including
front addition): 635.2 mē |
Proposed G.F.A:.
223 mē |
Total G.F.A.
858.2 mē |
| Coverage |
Existing: 27.2% |
Proposed: 5.6% |
Total coverage: 32.8% |
| Parking |
|
|
Total: 31 spaces |
Official Plan:
The site is designated Arterial Corridor Area (ACA) which permits all those residential uses permitted in the Residential
Density Five (RD-5) land use district, institutional uses, retail, service-commercial and office uses.; public parks and
recreational uses; and post secondary and commercial schools. The maximum density for commercial uses on lands
designated ACA is 1.0 F.S.I.
Zoning:
The front portion of the site is currently zoned C1 (commercial) and the rear portion is zoned R3 (One Family Detached
Dwelling Third Density Zone). The applicant intends to provide parking on the R3 portion of the site in order to satisfy the
parking requirements of By-law #7625 for both the existing building and the proposed addition. This requires the provision
of 30 parking spaces.
The Zoning By-law does not permit commercial parking to be located on the lands zoned residential (R3) and as such the
applicant is seeking to rezone the rear portion of the site to C1.
Community Consultation:
A Community Consultation meeting with the two area ward Councillors was held on November 8,1999. Representatives of
the two local condominium corporations, whose buildings are located immediately north of the subject property on the
north-east corner of Avenue Road and Douglas Drive, were in attendance and there were not any community concerns
identified with this proposed re-zoning application.
Site Plan
Site plan approval is required for this proposed development. Prior to the enactment of the zoning by-law, the Director,
Community Planning, North District, shall have granted site plan approval.
Comments from Other Departments:
The Transportation Services Division, Works and Emergency Services Department advises that they have no
objections to the proposal subject to a number of conditions. These include meeting the standard requirements for a
turnaround and the provision of an area to facilitate pick up and drop off. Both areas are to be marked with cross-hatched
pavement markings for delineation. The dimensions of the proposed disabled parking space must meet the required
standard. In addition, streetscape requirements along the Avenue Road boulevard must be satisfied and the applicant is
required to obtain building location, access and streetscape permits prior to the construction of the project (Schedule "D").
The Technical Services Division, Works and Emergency Services Department advises that they have specific
requirements relating to storm sewers. The applicant must restrict post-development run-off to the pre-development rate for
the minor 2 year design storm period. Any resulting post-development run-off in excess of this permissible discharge rate is
to be controlled and detained on site. The maximum allowable storm discharge rate from the development into the City's
intercepting storm sewers on Avenue Road shall be limited.
The applicant will be responsible to provide flood protection for the proposed development without causing damage to the
adjacent public and private properties. There are other requirements with respect to service connections that must be
satisfied also. The applicant is required to make an application to the Works and Emergency Services Department, Sewer
and Water Section after the zoning amendment by-law is in effect and pay for the installation of City service connection for
each building and any necessary storm service connection.
They also note that the east side of the site is adjacent to a ravine and part of the site is within the TRCA Fill Regulations
Line and as such a number of conditions are required to preserve vegetation and prevent erosion. These conditions will be
subject to those requirements of the Conservation Authority (TRCA) and that agency's final approval.(Schedule "E")
The Policy and Development Division, Economic Culture and Tourism Department advises that they have no parkland
dedication requirements under Section 42 of the Planning Act, R.S.O. 1990, c.P.13 as the proposed building addition is less
than 464.5 sq.metres (5,000. sq.ft.). They do note, however, that a new parkland dedication by-law will be forthcoming and
if the application is approved subsequent to the new parkland dedication by-law for the City of Toronto, the new by-law
requirements shall prevail. (Schedule "F").
The Public Health Department, Healthy Environments Division has no objections to the proposed application provided
that an environmental site assessment (ESA) is completed in accordance with the current MOE Guidelines for use at
Contaminated Sites in Ontario. (Schedule "G")
A Phase I Environmental Site Assessment was completed by the Hazcon Group Ltd. In September, 1997 and revealed that
the site was used as a former fuel service station, an automotive oiling facility from 1932 to 1972 and a muffler shop from
1973 to 1977. The study identified that there is some environmental impact of petroleum products on the subsurface soils
on the site, however, the subsurface conditions were deemed suitable for the existing land use. Trow Consulting
Engineering Ltd. has been retained by the applicant to conduct a further limited subsurface soils investigation on the
property. A peer review of the latest Soils Report submitted by Trow Consulting Engineering Ltd. is being completed by
Angus Environmental Limited. Their findings and recommendations are still pending. Any conditions resulting from the
peer review can be addressed at Site Plan Control.
The Toronto and Region Conservation Authority (TRCA) advises that that the existing valley slope adjacent to the site
is well vegetated and appears to be stable and the top-of-bank limits are coincident with the existing chain link fence along
the rear property line.
In accordance with the Valley and Stream Corridor Management Program, the limits of the valley corridor require that a
minimum of 10 metres setback from the top-of-bank be provided and therefore no new development would be permitted
within the valley corridor limits. However, existing development including this property along this reach encroaches within
the valley corridor limits. The existing unpaved parking extends to the rear property limits and the proposed addition will
be adequately set back from the top-of-bank limits. Therefore they have no objections to the application as submitted
(Schedule "H").
Conclusions:
The application conforms to the Official Plan policies with respect to the permitted use and density limits and the rezoning
would be consistent with other commercial properties in the vicinity. This report recommends approval of the rezoning
application subject to the applicant obtaining site plan approval prior to the enactment of the zoning by-law and satisfying
the requirements of the commenting City departments.
Contact:
Brian Lambourn
North York Civic Centre
Telephone (416) 395-7135
Fax: (416) 395-7155
e-mail: blambour@toronto.ca
ROB DOLAN
Director, Community Planning
North District
List of Attachments
Schedule "A" - Official Plan Map
Schedule "B" - Zoning Map
Schedule "C" - Site Plan
Schedule "D" - Transportation Services Division Comments
Schedule "E" - Technical Services Division Comments
Schedule "F" - Policy and Development Division Comments
Schedule "G" - Healthy Environment Division Comments
Schedule "H" - Toronto and Region Conservation Authority Comments
Schedule "I" - Draft By-law
Schedule "J" - By-law Schedule "1" Zoning Map
