Zoning Amendment Application UDZ-98-26 -

Esfandiar Aghaei - 162 Finch Avenue East -

North York Centre

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (February23, 1999) from the Acting Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by Esfandiar Aghaei regarding Zoning Amendment Application for 162FinchAvenue East, be approved, subject to the conditions outlined in the report, and subject to the following additional conditions:

(1)prior to enactment of a zoning by-law, site plan approval be obtained; and

(2)the installation of a catch basin to prevent any negative surface drainage impact on adjoining properties, in particular, the rear properties, if it is deemed necessary as a result of the site plan review process.

The North York Community Council reports having held a statutory public meeting on March30,1999, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (February 23, 1999) from the Acting Director, Community Planning, North District:

Purpose:

This report recommends approval of an application to permit a redevelopment of the site with a 3-storey semi-detached dwelling.

Recommendations:

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

(1)the R4 zoning of the property be amended to RM2 (19);

(2)the RM2 (19) zoning exception be amended to permit, for the property at 162 Finch Avenue East:

(a) a maximum gross floor area of 582 square metres; and

(b)a minimum lot area of 517 square metres (after conveyance of road widening);

(3)prior to the enactment of any zoning by-law, the applicant shall convey all required road widenings along Finch Avenue East;

(4)prior to the issuance of a building permit, the applicant shall submit a landscape plan satisfactory to the Acting Director of Community Planning, North District, specifically addressing site plan and streetscape improvements in accordance with the Secondary Plan guidelines, the required Finch Avenue widening and ensuring the technical requirements of the circulated Departments and Agencies are satisfied;

(5)the conditions of the Works and Emergency Services Department, Transportation Services Division as set out in Schedule "E";

(6)the conditions of the Works and Emergency Services Department, Technical Services Division as set out in Schedule "F"; and

(7)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 development of the site with a 3-storey semi-detached dwelling. The proposal represents a density of 0.98 FSI based on the gross site area. The secondary plan permits the density calculation to include the land area dedicated and transferred to the City for road widening purposes. The proposed site plan is shown on Schedule "C".

Pertinent site statistics are shown below:

* based on a Finch Avenue road widening of 4.9 metres.

Location and existing Site:

The property is located on the north side of Finch Avenue East between Longmore Street and Maxome Avenue. This portion of Finch Avenue is developed primarily with single detached dwellings, including the immediately abutting properties. There is another application (UDZ-98-27) for a semi-detached dwelling at 204 Finch Avenue East, submitted by the same applicant.

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 secondary plan encourages redevelopment and intensification of permitted uses in order to achieve a mixed use area between Bathurst Street and Bayview Avenue. Along 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 Fourth Density Zone (R4). A rezoning is required to accommodate a semi-detached dwelling.

There have been similar applications for semi-detached dwellings in the Central Finch Area from Willowdale Avenue to Bayview Avenue (refer to Appendix "1"). In October 1997, zoning exception RM2 (19) was created in the context of the application for a semi-detached dwelling at 142 Finch Avenue. This exception (refer to Appendix "2") is intended to apply to semi-detached and duplex dwelling redevelopment within the Central Finch Area, with provisions set out for maximum gross floor area, building height, and lot coverage; and minimums for lot frontage, yard setbacks and parking. The current application has been evaluated against the standards of the RM2 (19) exception zone.

The Official Plan and zoning of this property and the surrounding area are shown on Schedules "A" and "B".

Other Department Comments:

The Transportation Services Division of the Works and Emergency Services Department have no objection to the proposal provided there is a 4.9 metre road widening conveyance to the City and the applicant complying with the technical requirements outlined in their comments attached as Schedule "E".

The Technical Services Division of the Works and Emergency Services Department has no objections and their comments are attached as Schedule "F".

The Toronto District School Board and the Toronto Catholic District School Board comments are attached as Schedules "G" and "H".

The Parks and Recreation Planning Branch of the Economic Development, Culture and Tourism Department has indicated that they have no parkland dedication requirements under Section 42 of the Planning Act. Their comments are attached as Schedule "I".

Community Consultation:

A community consultation meeting was not required for this application. Community issues will be addressed through the statutory public meeting of the Community Council.

Discussion:

Planning Issues:

Land Use and Density:

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

Gross Floor Area:

The RM2 (19) exception zone limits the maximum gross floor area to 521 square metres. The current proposal is for a semi-detached dwelling having a gross floor area of 582 square metres which represents a density of 0.98 FSI (prior to the road conveyance). The secondary plan permits a maximum density of 1.0 FSI for lots having a frontage of less than 30 metres. Amending the RM2 (19) zone for this property by permitting a larger gross floor area for the proposed semi-detached dwelling is in keeping with the density objectives of the secondary plan.

Lot Area:

The RM2 (19) exception zone requires a minimum lot area of 557 square metres. The subject property has a lot area of 517 square metres after the required 4.9 metre conveyance along the frontage of the property. With the exceptions to gross floor area and lot area, the applicant is proposing zoning standards which are consistent with those proposed for recent semi-detached dwelling developments in the Central Finch Area (see Appendix "1").

Building Height:

The Central Finch Plan and the RM2 (19) zoning exception require an overall building height of the lessor 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 three storeys and 9.33 metres, the proposal complies with the maximum building height and angular plane policies of the Plan and the provisions established in the RM2 (19) exception zone (see Schedules "D1" and "D2").

Urban Design:

In order to ensure that the site plan and landscape treatment along Finch Avenue is implemented in accordance with the provisions of the Central Finch Secondary Plan, it is appropriate to have the applicant submit a landscape plan to the satisfaction of the Acting Director, Community Planning, North District, prior to the issuance of a building permit. The plan will also reflect the Finch Avenue conveyance and proposed perimeter landscaping and/or fencing.

Conclusions:

The application to permit a semi-detached dwelling on this site is recommended for approval. It is consistent with the intent of the Central Finch Secondary Plan and is in keeping with recent Council approvals for similar type developments in this area.

Contact Name:

Anthony Rossi

Telephone: (416) 395-7114Fax: (416) 395-7155.

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

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The North York Community Council also reports having had before it a communication (March16,1999) from Ms. Shirley Forde, advising of her objection to the application.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

-Mr. Bob Hill, who spoke in opposition to the application. His primary objections were with respect to the size, height, and incompatibility of the proposed semi-detached dwellings. In his opinion the proposed development would not blend in with existing development in the area, which consists primarily of single family dwellings of bungalow design.

-Mr. Basil Bedevinos, who spoke in opposition to the application. His primary objections were with respect to size and height of the proposed semi-detached dwellings. He was also concerned about overshadowing and loss of sunlight.

-Mr. Esfandiar Aghaei, the applicant, who commented on the merits of the application. In his opinion the proposal is consistent with the intent of the Central Finch Secondary Plan and is in keeping with recent Council approvals for similar type developments in this area.