13.ZONING BY-LAW AMENDMENT APPLICATION - TEMPORARY USE

MR. D. NARDELLI

52 HYDE AVENUE

FILE NUMBER: R98-005, Ward 27, York-Humber.

Director of Community Planning, West District

(December 22, 1998)

Purpose:

To consider a Zoning By-law Amendment application to permit the continued use of the existing building on the subject property for mixed industrial - residential purposes on a temporary basis not exceeding three years.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that Council refuse this application.

Background:

Subject Property:

The 0.05 hectare subject property is located on north side of Hyde Avenue, in the centre of the Valley Crescent-Hyde Avenue industrial area (see Appendix 1). The area, located within the flood plain of Black Creek, is characterized by several industrial uses such as salvage/recycling yards, auto body shops and contractors establishments which utilize considerable portions of their properties for outdoor storage. The area is isolated from the surrounding industrial and residential neighbourhoods by virtue of its valley location, with access provided only by Hyde Avenue. Both Hyde Avenue and Valley Crescent are dead end roads. Therefore, the area gets little local and no "through" vehicular or pedestrian traffic. The nearest TTC bus route is on Rogers Road.

The lands contain a two-storey block building housing two industrial workshops on the ground floor and four residential apartments on the second floor, which previously were converted from commercial space without a building permit The rear yard contains metal-clad storage sheds extending the full width of the property.

Previous Application:

In 1989, a Zoning By-law Amendment application, proposing to permit the continuance of the existing four residential apartments on a temporary basis, was submitted by the property owner. At their meeting on September 18, 1989, the former City of York Council agreed with the recommendation of the Planning and Economic Development Department and refused the application, based upon the site's inappropriate location and environment for residential uses.

Proposal:

The current application also seeks approval of a Temporary Use Zoning By-law to permit the continuance of the existing four illegal apartments for a period not exceeding three years. The apartments are all one bedroom and range in size between 36.2 m² (390 ft²) and 52.0 m² (560 ft²). The applicant proposes to demolish the existing sheds in the rear yard of the property and provide in their place five parking spaces. A sixth parking space is proposed in the front yard. The parking spaces in the rear yard would be accessed by a narrow, two metre (6.6 ft.) driveway. A site plan is attached to this report as Appendix 2.

Official Plan:

The property is located within the York City Centre area and is designated "City Centre Residential Use" by the Official Plan.

Zoning:

The property is zoned "Basic Employment (BE)," which permits a broad range of industrial and business service uses, as well as outdoor storage of materials. Residential uses are not permitted.

Comment:

The environment created by the physical isolation of the Valley Crescent - Hyde Avenue area, and the existing uses of both the subject property and surrounding lands, makes the introduction of sporadic residential uses into this area, even on a temporary basis, inappropriate.

With respect to the Official Plan, the York City Centre policies encourage the comprehensive redevelopment of this industrial area for medium and high density residential development. Furthermore, the policies state that " the offensive and noxious nature of existing salvage/metal recycling activities indicates that land use compatibility and environment considerations would be serious concerns if residential development occurred while offensive industrial uses continued on these lands." Clearly, the Official Plan contemplates land assembly and redevelopment for residential uses in this area only when the current incompatible industrial uses cease. This application is, therefore, not in conformity with the Official Plan.

Agency Comments:

The Municipal Standards Division of the Urban Planning and Development Services Department has commented that they have an active zoning violation file in relation to the existing residential apartments on the subject property. Toronto Hydro requires that they be contacted by the project architect with respect to the servicing of the property.

The Toronto and Region Conservation Authority (T.R.C.A.) does not object to the temporary by-law amendment since the proposed residential uses can be accommodated within the existing building on the property. However, the T.R.C.A. advises that the property is located within the Regional Storm Floodplain and Fill Regulation Line, and is designated as part of the Special Policy Area respecting flood plain management.

There are no other substantive comments or objections to the proposed Zoning By-law Amendment.

Conclusion:

The Official Plan requires that any residential development of the Valley Crescent - Hyde Avenue industrial area involve comprehensive assembly. The existing industrial area is not an appropriate location for individual residential uses. Existing industrial uses in the immediate vicinity of the subject property will create adverse noise and dust impacts on any proposed residential use. The area is isolated from surrounding neighbourhoods and would likely be unsafe at night, especially for pedestrians. Approval of this application, even on a temporary basis, would establish and undesirable precedent.

Therefore, staff recommend that the application be refused.

Contact Name:

Henry Byres, Senior PlannerTel: (416) 394-2618

York Civic Service CentreFax: (416) 394-2782

(All attachments are on file in the Clerk's Office).