564-566 Rogers Road, Application for Cash Payment-in-Lieu

of Parking; Owner: Grewal General Contractors Ltd.

Ward 27, York Humber

The York Community Council recommends the adoption of the following report (July 6, 1999) from the Director, Community Planning, West District:

Purpose:

To report on a revised application for cash-payment-in-lieu of parking.

Funding Sources, Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that:

(1)the revised cash payment-in-lieu of parking application for two parking spaces relating to 564-566 Rogers Road be approved;

(2)the co-ordinated approach for dealing with parking deficiencies as recommended by York Community Council be forwarded to staff involved in the development of City-wide cash payment-in-lieu of parking policies and practices for their review and consideration; and

(3)the appropriate City officials be authorized and directed to take the appropriate action to give effect thereto.

Background:

York Community Council on June 22, 1999, considered an application for cash payment-in-lieu of providing four of the eight parking spaces required under the provisions of former City of York Zoning By-law 1-83, for a proposed three-storey mixed use commercial- residential development at 564-566 Rogers Road. The property is currently a vacant lot located in the retail strip east of Keele Street on the north side of Rogers Road (See Appendix 1). The development consists of two ground level retail units requiring at total of four) parking spaces (two spaces per commercial unit) and four residential apartments on the upper levels requiring a minimum of four parking spaces (one space per unit).

Four parking spaces are proposed at the rear of the building with access from an existing municipal lane. Site and elevation plans of the proposed development are attached as Appendix 2 and 3, respectively.

The applicant appeared before York Community Council requesting approval of a revision to his application to provide cash payment-in-lieu of two parking spaces instead of the four spaces originally requested. The applicant advised that by making minor modifications to the floor plans of the ground floor commercial units, a reduction in gross floor area could be achieved to reduce the minimum commercial parking required by the Zoning By-law from four spaces to two spaces.

Community Council received the deputation and requested the Director of Community Planning, West District to report further on the revised application for two parking spaces, and to submit revised plans with the report.

Discussion:

Cash-Payment-in-Lieu of Parking for 564-566 Rogers Road

Site Plan Approval for the proposed development was granted on March 1, 1999. The cash payment-in-lieu of parking application arises from a condition of Site Plan Approval to correct the parking deficiency.

Following the submission of the cash-payment-in-lieu of parking application, the applicant advised staff that the payment for four spaces at $3,900.00 per space would add a considerable amount to the development costs for the project.

Staff discussed different options with the applicant who has opted to reduce the commercial gross floor area by adding an exit vestibule at the rear of each commercial unit. The area of the vestibule, which is exempt from gross floor area calculations, has been introduced on the building permit drawings (Appendix 4 - Revised Floor Plans). The Building Division has confirmed that total of six parking spaces (one for each of the two commercial units, and one for each of the four residential apartment units) are now required four spaces continue to be provided, resulting in a deficiency of two spaces for the development. Staff support the deficiency based on cash payment-in-lieu of parking for 2 spaces.

Policy Consideration for Proposed Developments, Additions, Alterations or Changes in Use that do not Comply with Minimum Zoning By-law Requirements.

Rebuilding York, the Final Report and Recommendations of the York Infrastructure Sub-Committee recognized that the existing cash payment-in-lieu of parking policy applying in the former City of York is negatively impacting main street revitalization. As means of avoiding the cash payment-in-lieu of parking space fees, applicants involved with new developments, alterations or additions, or changes in use often have filed minor variance applications with the Committee of Adjustment for relief from the Zoning By-law parking provisions in order to reduce parking deficiencies.

In these instances, the Committee of Adjustment has raised the issue of whether applications for relief from parking deficiencies should be considered without first attempting to obtain approval for cash-payment-in lieu of parking for some, if not all, of the deficient parking spaces.

This issue was raised by Planning Staff during Community Council's recent consideration of the York Infrastructure Sub-Committee Report on Rebuilding York. Community Council, on March 30, 1999, recommended, in part, that applications to the Committee of Adjustment involving parking deficiencies be first submitted to the York Community Council, and that public deputations be heard together with the staff report on the applications. City Council at it meeting in April requested the Chief Administrative Officer to review the recommendations of the Infrastructure Sub-Committee and to report to the appropriate Committees of Council.

In addition, following from a City Council directive given in October 1999, the Commissioners of Works and Emergency Services and Urban Planning and Development Services have been developing consolidated policies for the new City with respect to cash payment-in-lieu of parking related to development applications. A report on a harmonized cash payment-in-lieu of parking policy and administrative practice is expected in the fall of this year.

In the meantime, the issue of the relationship between cash payment in lieu of parking and any necessary variances for parking deficiencies remains outstanding. It is recommended that York Community Council's recommendation be forwarded to staff involved with the City-wide harmonization of the cash payment in-lieu of parking policy for review. This approach would provide a means for co-ordinating the cash payment-in-lieu-of parking approval process and the Committee of Adjustment minor variance approval process involving parking deficiencies.

Conclusions:

The revised cash payment-in-lieu of parking application for two parking spaces for 564-566 Rogers Road is recommended for approval based on the floor plan modifications made by the applicant to his building permit application drawings.

It is further recommended that the co-ordinated approach for dealing with parking deficiencies as recommended by York Community Council be forwarded to staff involved in the development of cash payment-in-lieu of parking policies and practices for their review and consideration

Contact Name:

Lou Moretto,

Manager of Community Planning, West District

Tel: (416) 394-2618Fax: (416) 394-2782