ZONING BY-LAW AMENDMENT APPLICATION FOR 164 VAUGHAN ROAD

OWNER: T. CORNACCHIA

APPLICANT: T. CORNACCHIA

Ward 28 - York Eglinton

Director of Community Planning, West District

(August 24, 1999)

Purpose:

To consider a proposal to amend Zoning By-Law 1-83 to permit a three and one-half storey multiple dwelling building with four units.

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:

(1)the application by T. Cornacchia be approved and the Zoning By-law 1-83 for the former City of York be amended generally in accordance with the draft Zoning By-law attached as Schedule 1 to this report and worded to the satisfaction of the City Solicitor, subject to a Public Meeting to obtain the views of interested parties and the conditions to approval contained in this report.

Background:

On January 19, 1998, a rezoning application was submitted to permit the development of a multiple dwelling house containing four units at 164 Vaughan Road. No community information meeting has been held in relation to this application. No neighbourhood comments have been received.

Site Description and Surrounding Uses:

The 0.0336 ha (0.083 acre) vacant lot which has a frontage of 7.62 metres (25 feet) and a depth of 44.1 metres (144.75 feet) is located on the west side of Vaughan Road, south of Maplewood Avenue (see Appendix 1: Location Map)

The surrounding uses are as follows:

North:a detached house and two, two-storey mixed commercial and residential buildings

West:duplex dwelling houses beyond a rear lane

South:a two-storey detached house and seven-storey apartment building beyond

East:a development site with approval for a 13-storey continuum care residential building

Proposal:

The proposed three-storey plus basement multiple dwelling house will contain four rental, two bedroom dwelling units, (one per floor) each having an area of 133.3 m² (1,434 ft²).

The front 6.0 metre (20 feet) portion of the building provides a covered entry and internal stairway, for access to each common dwelling unit. Within this area, a garbage and storage room is provided on each floor for the adjoining unit. Setbacks for the proposed development are as follows:

Front Yard 3.5 m11.5 ft

South Side Yard 1.2 m 4.0 ft

North Side Yard 0.6 m 2.0 ft

Rear Yard11.5 m37.7 ft

The front yard area will be landscaped with a stone wall and wrought iron fence entry feature. Additional landscaped open space will be provided in the rear yard adjoining the building.

The existing 3.05 metre (10 feet) wide public lane extending between Louise Avenue and Maplewood Avenue at the rear of the site will provide access to three rear yard parking spaces located abutting the lane. A walkway along the south side yard provides access between the front building entrance and the rear yard parking and open space areas. A summary of site statistics is provided below.

Official Plan:High Density Residential

Zoning:

Existing:RM2 - Residential Multiple Zone

Proposed:RM2 with site specific zoning to permit a four unit Multiple Dwelling House.

Site Area:0.0336 ha(0.083 acres)

Units: 4

Density: 119 uph 48 upa

Gross Floor Area: 598.5 m²6 445 ft²

Floor Space Index: 1.78

Coverage:

Building 168 m²1814.4 ft²(50.0%)

Landscaped Area:122.5 m²1318.6 ft²(36.4%)

Parking Area: 45.7 m² 492.1 ft²(13.6%)

Height:10.1 m33 feet (three-storeys)

Parking Required:4 spacesParking Provided (3 spaces)

Appendix 2, 3, and 4 are the site plan, floor plans and elevations of the proposal, respectively.

Comment:

Official Plan Amendment and Zoning By-law:

The site is designated High Density Residential in the Official Plan. This designation allows multiple unit forms of housing with a maximum density of 3.0. Therefore, the proposal conforms to the Official Plan.

The site is zoned RM2 Residential Multiple Zone. The zoning permits the following specifically defined multiple unit residential uses; townhouses, double duplexes, double triplexes and apartment buildings. A multiple dwelling building with four units as proposed, however, is not permitted. Although a use definition reflecting multiple unit buildings containing more than three units exists in the Zoning By-law, the inclusion of a Multiple Dwelling House use and associated zoning standards, as a permitted use in RM1 and RM2 zones was inadvertently omitted when the new residential zoning districts and standards were established By-law No. 3623-97. Planning staff are reviewing other technical problems arising from recent by-law amendment relating to residential uses and zones and will address the omission noted above when a report on technical amendments is brought forward.

Agency/Department Circulation

The Toronto District Catholic School Board noted that Holy Rosary Catholic School could not accommodate any more students but Marshall McLuhan Catholic Secondary School could accommodate additional students. Comments have not been received from the Toronto District Public School Board

Works and Emergency Services has recommended that the four parking spaces originally proposal be reduced to three, as there is insufficient room for four and that any work carried out within the abutting road allowance must be approved by Works and Emergency Services.

The Buildings Section indicated that the proposal does not comply with the zoning by-law.

Toronto Hydro has indicated that the development may require an upgrade and Hydro should be contacted.

Municipal Standards has indicated it has no active files in relation to this site.

Parks Division and the Fire Division have provided no response.

Land Use and Site Design Considerations:

a)Suitability of the Site for the Proposed Development.

The site is located on Vaughan Road which is classified as a minor arterial road in the Official Plan and is a public transit route. The Works and Emergency Services Department has not identified any concerns with respect to the capacity of the local roadway system to support the development. The site also has convenient access to local shopping along St. Clair Avenue West and to local community facilities within the area.

Planning staff have also assessed impact of this development on the abutting existing, but under developed, dwelling house uses on either side of the proposed multiple dwelling house use. As an infill project, the proposed development would be compatible and is similar to other existing low to medium rise, high coverage multiple unit and apartment house developments in proximity along the Vaughan Road corridor. In terms of height, the proposed development is within the height limit permitted in the RM2 zone for other multiple unit dwellings and is comparable in height to the abutting residential uses and other multiple unit dwellings within the area. In terms of rear yard depth the proposed development has a rear yard depth of 11.5 metres which complies with the minimum rear yard setback for similar multiple unit developments in the RM2 zone. In addition, the windows are proposed on the south side of the development and those which are opposite the southern property are windows for bathroom and bedroom areas. As such, overview to the rear yard of the property to the south will be minimized.

As part of the assessment, the applicant was asked about the possibility of assembling one or more of the adjoining uses to develop a larger project, but indicated that this was not possible. Staff has determined that since these abutting properties are identical in frontage and lot area to the application site, similar multiple dwelling house developments could be accommodated on these lots. There are no undue adverse effect impact on the adjoining uses and the prospect for the future assembly and for redevelopment of the adjoining parcels would not jeopardized.

The four unit small infill multiple residential project is appropriate in this instance, as the owner of the subject site cannot acquire additional lands for a larger development. If the small project is not allowed, the site could not be used for any type of existing defined permitted residential uses in an RM2 zone and would therefore, remain a vacant property.

b)Parking and Access

Current Zoning By-law standards require that one on site parking space be provided for each unit, for a total of four parking spaces. The applicant originally proposed four rear yard parking space angled along the south side lot line and accessed by a 2.7 metres (feet) wide driveway. The Works and Emergency Services Department reviewed the proposal and commented that the proposed angled parking spaces would be sufficient to accommodate small cars only but that the driveway width would not provide sufficient maneuvering space. The Department concluded that the parking arrangement should be revised to provide three full size spaces perpendicular to the lane. Notwithstanding that the three spaces would not satisfy the zoning requirements, Works and Emergency Services has recommended a revised configuration providing three spaces, given the proximity of this site to public transit and the potential lower car ownership patterns of future tenants.

Planning staff are in agreement and a provision requiring three parking spaces has been included in the proposed zoning by-law for the property (See Schedule 1 - Draft Zoning By-law).

Further Planning Approvals and Agreements:

A Site Plan Control Application will be required and the applicant has been advised. Parking, access and landscaping details will be addressed through the Site Plan Approval process.

Conclusion:

This Department has evaluated the application within the context of the policies of the Official Plan and is of the opinion that the proposed use conforms with the Official Plan and is an appropriate and desirable infill development for the site. It is recommended that the application and the site specific Zoning By-law attached as Schedule 1 to this report be approved subject to a Public Meeting to obtain the views of interested parties and the following conditions to approval.

Conditions to Approval

1.The enactment of a Zoning By-law to permit the multiple dwelling house which is generally in accordance with the draft Zoning by-law attached as schedule 1 to this report.

2.Further detailed consideration of the proposal in conjunction with the Site Plan Control review and approval shall require the resolution of the following, among other matters:

i)the payment of 5% cash-in-lieu of parkland dedication and any other applicable development charges.

ii)the submission of a landscaping plan detailing curbing, walkways, grading, and plant materials to the satisfaction of the Urban Planning and Development Services Department and the posting of the appropriate financial guarantee to ensure compliance with the approved plans

Contact Name:

Wendy Johncox, Senior Planner

Community Planning, West District

Tel: (416) 394-2868Fax: (416) 394-2782

Schedule 1: Draft Zoning By-law

Authority:York Community Council Report No.______, Clause No.______

As adopted by Council on _____________________

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW NO.

TO AMEND former City of York

By-law Number 1-83

(Re: 164 Vaughan Road)

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990 c.P.13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

SECTION 16 - AMENDED

3.That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (392) as follows:

"(392) LANDS - 164 VAUGHAN ROAD

Notwithstanding the provisions of Subsection 3.2.D.1,and Section 10.1 of this By-law, the lands municipally known as 164 Vaughan which lands are more particularly described in Schedule "A" hereto, may be used for the purpose of erecting and using a multiple dwelling house and accessory buildings, structures and uses subject to the following provisions:

a)a maximum of 4 units shall be permitted;

b)the maximum height of the building shall be 11 metres;

c)the minimum side yard widths shall be 1.2 metres on one side and 0.6 metres on the other side;

d)the front yard setback shall be a minimum of 1 metre and a maximum of 3.5 metres;

e)the minimum rear yard depth shall be 11 metres;

f)a minimum of 3 parking spaces shall be provided and maintained on the lot;

g)the maximum floor space index shall be 1.8;

h)all other provisions of this By-law shall continue to apply except in the case where those provisions are in conflict with the provisions of the Subsection, in which case the provisions of this Subsection shall prevail."

4.Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P13 this By-law shall come into force and effect on the date of its passing.

ENACTED and PASSED this day of , 1999.

______________________________________________

MAYORCITY CLERK

Schedule 'A" to By-law Number -1999 and to Subsection 16(392) of Zoning by-law 1-83

All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Toronto(formerly City of York, in the Municipality of Metropolitan Toronto) being composed of the south 7.62 metres in all of Lot 21, Plan 1322 registered in the Registry Office for the Registry Division of Toronto (No.64).