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Final Report - Zoning By-law Amendment UDZ-99-08 and
Site Plan Application UDSP-99-027 -
Cassels Brock and Blackwell - 267 Finch Avenue East -
North York Centre
The North York Community Councils recommends the adoption of the following report (October 8, 1999) from the Director, Community Planning, North District, and that the applications submitted by Cassels Brock and Blackwell, regarding a Zoning Amendment Application and Site Plan Application for 267 Finch Avenue East, be approved, subject to the conditions outlined in the referenced report and subject to the following:
(1) that the lot coverage be a maximum of 32.5 percent;
(2) that the Gross Floor Area be a maximum of 476 m2;
(3) that the east side yard setback at Estelle Avenue be a minimum of 2 metres;
(4) that the distance between the Norway Maple and the guest parking area be a minimum of 3.6 metres;
(5) that the throat of the driveway be reduced to 3 metres from 7 metres;
(6) that a minimum of seven (7) parking spaces be provided; and
(7) that the applicant be required to demonstrate that he has made a fair market offer to purchase the property municipally known as 246 Estelle Avenue.
The North York Community Council submits the following report (October 8, 1999) from the Director, Community Planning, North District:
Purpose:
This report makes final recommendations on the zoning amendment application to permit 4 townhouse dwellings to replace the existing single family dwelling. This report is being forwarded to North York Community Council at this time so that a Council position can be established prior to the November 9th and 10th Ontario Municipal Board hearing date which was set on September 24th, 1999. The timing of this OMB hearing does not permit a statutory public meeting to be held at Community Council.
Recommendation(s):
It is recommended that:
Zoning
(1) the City Solicitor and City staff be requested to appear before the Ontario Municipal Board to support the application for rezoning to permit 4 townhouse units with the following revisions to ensure the application meets the Central Finch Area Secondary Plan objectives:
(a) the setbacks be revised as shown on Schedule C1;
(b) the maximum height remain at 3 storeys or 9.2 metres whichever is less; and
(c) the parking on site be increased to a minimum of 2 parking spaces per unit by widening two units to permit double car garages.
Site Plan
(2) prior to issuance of an Ontario Municipal Board Order, a site plan agreement shall be entered into which generally:
(a) modifies the proposal to widen two of the proposed units to accommodate double garages;
(b) modifies the proposal to include a maximum of two tandem parking spaces measuring 2.7 metres by 6.7 metres adjacent to the south side of the proposal;
(c) modifies the proposal to increase the landscaped strip on the south side of the property to a minimum of 2.5 metres;
(d) ensures the driveway from Estelle Avenue has a minimum width of 6.0 metres, to be constructed with a water permeable surface;
(e) modifies the corner unit at Finch Avenue East and Estelle Avenue that provides front elevation treatment for both the Finch and Estelle frontages through appropriate articulation of the facade and the size and placement of openings;
(f) ensures the front garden enclosure consists of solid architectural elements and decorative landscaping and/or shrubs;
(g) ensures that all curb cut and boulevard restoration is undertaken to the satisfaction of the Commissioner of Works and Emergency Services at no cost to the City;
(h) ensures a 0.6 metre decorative band of impressed concrete is provided along the Finch Avenue East curb line at no cost to the City;
(i) ensures that the trees shown on the landscape plan attached as Schedule "E" are adequately protected to the satisfaction of the Commissioner of Economic Development, Culture and Tourism;
(j) modifies the landscape plan to accommodate the increased landscaped area at the rear of the property as noted in (c) above, increase the landscaped area as a result of decreasing the number of tandem parking spaces to two and incorporate any building envelope modifications;
(k) includes additional street trees on the landscape plan along the Finch and Estelle frontage of a minimum calliper of 80 mm approximately every 3 metres; and
(l) ensures the maximum height of steps to the front door of the units does not exceed 1.2 metres.
GENERAL CONDITIONS
(3) provide a widening along the Finch Avenue East frontage, measuring 4.921 m at the east property limit to 4.895 m at the west property limit prior to issuance of a building permit;
(4) provide a 6.1 m radius corner rounding at the corner of Finch Avenue East and Estelle Avenue measured from the widened Finch Avenue East road allowance prior to issuance of a building permit;
(5) the conditions of the Parks and Recreation Planning Branch of the Economic Development, Culture and Tourism Department, as set out in Schedule "F" be satisfied prior to issuance of a building permit;
(6) staff do all things necessary to secure all appropriate agreements, financial and otherwise to implement the conditions of the Works and Emergency Services Department, as set out in Schedules "G" and "H";
(7) an application for part lot control be made to the City in order to establish the individual lots and the common elements. The applicant is required to enter into the appropriate agreements with the City to the satisfaction of the Commissioner of Works and Emergency Services, the Chief Building Official and the City Solicitor requiring joint maintenance and mutual rights-of-way to gain access over other unit owner’s lands. Rights-of-way also should be granted to the owner of the adjacent property to the west, if required, to allow for the extension of a common driveway; and
(8) at the discretion of the local Councillors, a public information meeting be held prior to the Ontario Municipal Board hearing in order to inform residents of the proposal and the modifications to plan recommended in this report.
Background:
Proposal:
The owner has applied for a zoning by-law amendment to permit 4 three-storey townhouse units fronting Finch Avenue East to replace the existing single family dwelling on the site. The site is located on the south-west corner of Finch Avenue East and Estelle Avenue. Driveway access is proposed from Estelle Avenue to parking in the rear of the proposed units. Pertinent site statistics are set out below:
|
|
Proposal |
Central Finch Area
Secondary Plan
Requirements |
Staff
Recommendations |
|
Lot Frontage |
24 m |
If the lot has a frontage of
less than 30 m the following
applies: |
|
|
Lot Area |
704 m² |
not specified |
|
|
Lot Coverage |
32.5 percent |
not specified |
|
|
Gross Floor Area |
476 m² |
704 m² maximum |
704 m² maximum |
|
Density (FSI) |
0.66 |
1.0 |
1.0 maximum |
|
Height |
9.1 metres
(3 storeys) |
10 metres or 3 storeys
whichever is less |
9.2 metres or 3 storeys
whichever is less |
|
Yard Setbacks
- Front
- Rear
- West Side Yard
- East Side Yard
(at Estelle) |
8.53m
(prior to
conveyance)
10.97 m
0.3 m
2.74 m |
not specified |
2.0 m (after conveyance)
11.2 m
0.6 m
0.6 m |
|
Proposed Parking |
7 spaces
(4 + 3 visitor) |
|
8 spaces (6 in garages and 2
tandem spaces) |
|
Required Parking |
8 spaces (2/unit) |
|
|
Location and Existing Site:
The site is located on the south west corner of Finch Avenue East and Estelle Avenue and is currently occupied by a single-family dwelling. To the west and to the south of the site are single family homes, both of which are within the Central Finch Secondary Plan Area which encourages residential intensification such as the proposed development. The single-family house to the west also contains a dental office. To the east across Estelle Avenue is a single family home fronting Finch Avenue East which is also within the Central Finch Area Secondary Plan. Further to the east of the site are Finch Public School and a 4-townhouse project fronting Finch Avenue, which is currently under construction. Single family dwellings which are within the Central Finch Area Secondary Plan occupy the north side of Finch Avenue East.
Official Plan:
The subject property is designated Central Finch Residential One (CFR-1) within the Central Finch Area Secondary Plan, which permits single and multiple attached residential units, in addition to park uses and places of worship. This Secondary Plan encourages residential intensification with uses such as townhouses. The maximum density permitted by the CFR-1 designation for sites with a frontage of less than 30 metres is 1.0 FSI as illustrated in the table above. With respect to parking, the Secondary Plan refers to part C.5 of the Official Plan, which calls for sufficient on-site parking so that off-site roadways and unaffiliated parking areas are not affected.
Zoning:
The subject property is currently zoned R6 (One Family Detached Dwelling Sixth Density Zone) by By-law 7625, as amended. An amendment of the by-law from R6 to a RM1 specific zone (Multiple-Family Dwelling First Density Zone) is proposed which would permit 4 townhouses.
Community Consultation:
Due to the size of the application, a community consultation meeting is not a requirement of the department and any community consultation is left to the discretion of the Local Councillors. However, due to the timing of the Ontario Municipal Board hearing, there is not an opportunity for the statutory public meeting at Community Council and the OMB hearing will be taking the place of the usual statutory public meeting held at Community Council. The date of the OMB hearing was not set until after the date public notice needed to been mailed out for the October 12th Community Council meeting. Staff are therefore recommending that at the discretion of the Local Councillors, a public information meeting be held to inform the public of the proposal and the recommendations contained in this report.
Other Department Comments:
The Transportation Services Division of the Works and Emergency Services Department has indicated that the proposal as submitted by the applicant requires 2 parking spaces per dwelling unit for a total of 8 spaces. The most western proposed tandem visitor parking space is not acceptable to the Division because it will be difficult to access due to its proximity to the western property line. Modification of the applicant’s proposal to widen two of the units to accommodate double car garages in the rear of these units and the elimination of one tandem parking space would satisfy the Transportation Service Division concerns regarding parking. Their comments are attached as Schedule "G".
The Technical Services Division of the Works and Emergency Services Department has indicated that a widening of approximately 4.9 m is required along the Finch Avenue frontage in addition to servicing and drainage requirements. It is also noted that as the applicant has indicated these are to be freehold units, the appropriate agreements must be entered into with the City in order to ensure maintenance and appropriate rights-of-way for the common elements in the rear portion of the site. Their comments are attached as Schedule "H".
The Parks and Recreational Planning Section of the Economic Development, Culture and Tourism Department have indicated that a payment of 5% cash in lieu of parkland is required prior to building permit issuance and that the Department’s Urban Forestry By-Law Officers need to be consulted with regard to tree preservation. Their comments are attached as Schedule "F".
The Fire Services Division of the Works and Emergency Services Department has indicated they have no concerns. Their comments are attached as Schedule "I"
The Public Health Department has indicated that they have no records of soil contamination on this site and therefore have no objections to the application. Their comments are attached as Schedule "J".
The utility comments (Bell, Consumers Gas, Toronto Hydro and Rogers Cable) are also attached as Schedules "K" through "N". No objections were raised by any of the utilities.
Discussion:
Planning Issues:
Land Use and Density:
The site is within the Finch Avenue Area Secondary Plan that anticipates limited residential intensification in this area including the development of multiple attached residential units. The Official Plan allows for densities of up to 1.0 Floor Space Index on sites with a frontage of less than 30 metres and the proposed development of approximately 0.7 FSI is within these limits. The development should also serve as a buffer from Finch Avenue to abutting residential uses. The proposed townhouses shifted towards Finch Avenue with parking in the rear achieve this. An increase in the landscaped area at the rear of the property enhances this goal further.
Urban Design:
A key element for redevelopment throughout the Central Finch Area is to provide a pedestrian friendly environment along the street. The proposal includes pedestrian only access on the Finch frontage with parking and access lanes in the rear, which helps to achieve this goal. The proposed parking access from Estelle Avenue will serve to eliminate an existing access on Finch Avenue and allow for a continual building face along Finch Avenue.
As the site is a corner property, it is also important that the corner unit address both Finch and Estelle Avenues with appropriate articulation and openings including the incorporation of the existing trees. The proposal as modified will meet these requirements.
Traffic and Parking:
To ensure adequate parking is maintained on the site and on-street parking is not encouraged, a modification to add double car garages to the end units is recommended. This modification results in the width of the end units being increase to 18 feet (5.5 metres) and allows for the elimination of one of the proposed tandem parking spaces thus providing more space for new landscaping and preserving existing landscaping.
The Transportation Services Division has indicated that a residential development of this scale will not produce any significant traffic impacts and have therefore not requested a traffic impact analysis. The location of the driveway and its proximity to Finch Avenue are also satisfactory.
Driveway access onto Estelle Avenue for a residential development of this scale allows for improved building design along Finch Avenue with pedestrian access along a continual building face. The small scale and residential nature of the proposal also will not introduce a significant traffic impact to the local street. The proposed design also meets the goal of encouraging common shared driveways and reduces the number of driveways providing access to Finch Avenue.
Conclusions:
The proposed application maintains the intent of the Central Finch Area Secondary Plan and provides for a limited residential intensification which is appropriate for the site and serves to enhance the Finch frontage. With several modifications to the site plan as outlined in the recommendations, the parking shortfall of the original proposal can be addressed while maintaining the intent of the Secondary Plan. After discussions with the applicant, they have indicated they support the proposed modification to the application that are recommended by staff.
Contact Name:
Karen Whitney, Senior Planner
North York Civic Centre
Telephone: (416) 395-7109
Fax: (416) 395-7155
(A copy of the 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 submits the following report (September 29, 1999) from the Director, Community Planning, North District:
Purpose:
To advise Council that the OMB hearing date for 267 Finch Avenue East has been set and that I will be submitting a further report on this matter directly to North York Community Council on October 12, 1999.
Recommendation:
It is recommended that this report be received for information.
Comments:
On September 14, 1999, I advised North York Community Council that appeals regarding rezoning application UDZ-99-08 and site plan application UDSP-99-027 had been filed by Cassels, Brock and Blackwell.
On September 27, 1999, notification was received that the Ontario Municipal Board has scheduled a hearing regarding these matters on November 9 and 10, 1999.
Given the short notice of the OMB hearing date, and the City Solicitor’s requirement of a Council position on this matter prior to the November 9 and 10 hearing, I will be submitting a report to the North York Community Council for its meeting of October 12, 1999.
Contact Name:
Anne Milchberg, Senior Planner, North District
Telephone: (416) 395-7129
Fax: (416) 395-7155
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