STAFF REPORT

December 20, 1999

To: North York Community Council

From: Rob Dolan

Director, Community Planning, North District

Subject: FINAL REPORT

Application for Zoning By-law Amendment

Anne Judson

187 Finch Avenue West

Ward 10 - North York Centre

Purpose:

This report recommends approval of the rezoning application to permit an existing single family dwelling at 187 Finch Avenue West to be converted to a real estate office.

Financial Implications and Impact Statement:

All of the costs associated with the processing of this application are included within the 1999 and 2000 operating budgets.

Recommendations:

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

(1) that the R4 zoning on the site be amended to a C4 exception zone with the following exceptions:

PERMITTED USES

(a) the only permitted use shall be a business or professional office;

GROSS FLOOR AREA

(b) the maximum gross floor area shall be 220 m²;

BUILDING HEIGHT

(c) the maximum building height shall be 8 metres or 2 storeys, whichever is the lesser;

PARKING REGULATIONS

(d) notwithstanding Section 6A(2) of the Zoning By-law, a maximum of 8 parking spaces shall be provided on the lands;

(e) notwithstanding Section 6A(5)(b) of the Zoning By-law, a two-way driveway with a mininum width of 3.6 metres may be provided;

SETBACKS

(f) the minimum front yard setback shall be 17.3 metres from the centre line of Finch Avenue West;

(g) the minimum east side yard setback shall be 1.8 metres;

(h) the minimum west side yard setback shall be 3.6 metres;

(i) the minimum rear yard setback shall be 26.6 metres;

LANDSCAPING

(j) (i) a minimum 2.5 metre landscape strip shall be provided on the lands along the rear property line;

(ii) a minimum 1.5 metre landscape strip shall be provided on the lands,along the side property lines where they abut the parking lot; and

(10) that, prior to the introduction of the Bill in Council, the applicant shall have:

(a) obtained Site Plan Approval for this project at 187 Finch Avenue West from the Director, Community Planning, North District, with particular attention given to the comments of Civic Officials set out in Schedules E through M of this report; and

(b) provided to the City, at nominal cost, a 2.76 metre wide conveyance across the entire Finch Avenue West frontage of this property, as further described in Schedule J of this report.

Background:

The applicant has proposed to convert an existing 1 ½ storey single detached dwelling at 187 Finch Avenue West to a real estate office with parking for eight cars in the rear yard. Proposed gross floor area of the office is 220 m², which includes an expansion of the back portion of the roof into a full second storey, and a small one-storey addition at the rear (with a gross floor area of 35.7 m²).

Overall lot area is 662 m².

OFFICIAL PLAN:

The site is subject to the Central Finch Area Secondary Plan, and is designated CFMU-1 (Central Finch Mixed Use - One) which permits single detached and multiple-unit residential uses, offices, places of worship, public parks and recreational facilities, and institutional uses. The proposed real estate office conforms to the list of permitted uses. Under the Secondary Plan, on a lot with a frontage of less than 30 metres, a maximum commercial density of 0.75 FSI is permitted, and a height limit of 2 storeys or 8 metres is permitted. Buildings are required to be set back a minimum of 9.5 metres from a rear lot line which abuts low-density residential lands outside the Secondary Plan area.

The proposed development is a real estate office with a density of 0.3 FSI, a building height of 2 storeys, and a setback of 26.6 metres from the rear lot line.

The proposal conforms to the Secondary Plan in terms of use, density, height and setback.

ZONING:

The site is currently zoned R4 (one-family detached dwelling fourth density zone), which permits one-family detached dwellings.

The proposed zoning is C4 (Mixed Use Commercial Zone) with the following exceptions:

- a business or professional office shall be the only permitted use;

- the maximum gross floor area shall be 220 m²;

- a maximum of eight parking spaces shall be provided on the lands;

- the maximum building height shall be 8 metres or 2 storeys, whichever is the lesser;

- a minimum 5.0 metre landscape strip shall be provided on the lands, along the rear property line; and

- a minimum 1.5 metre landscape strip shall be provided on the lands, along the side property lines where they abut the parking lot.

COMMUNITY CONSULTATION:

The proposal was presented to the community at a meeting held on November 15, 1999 at the Edithvale Community Centre. Both Councillors Gardner and Filion and their staff were in attendance in addition to the applicant and Planning staff. Approximately 10 members of the public attended. The following concerns were raised:

- that there be additional parking spaces on the site beyond the 4 spaces discussed in the Preliminary Report, while still allowing for an effective landscape buffer at the perimeter of the site, and the preservation of existing trees;

- that the width of access/egress driveway onto Finch Avenue is too narrow;

- that the site should be bounded on the north, east and west by well-designed, high fencing and substantial landscaping;

- that there should be a traffic light at the Finch/Grantbrook intersection facing the site;

- that the site plan application and rezoning for this site should be processed simultaneously; and

- that any future requests to expand the building be dealt with in a public forum.

The resolution of community concerns is discussed below.

Comments:

PLANNING CONSIDERATIONS:

1. Built form:

The proposed real estate office involves the conversion of a single family detached house. The massing, scale and setbacks of the proposal are in keeping with existing buildings on Finch Avenue West.

In response to community concerns regarding any future additions to the building, a Committee of Adjustment variance or rezoning would be needed to permit any expansion. Both of these processes would involve public input and a statutory public hearing.

2. Parking:

The parking standard for business offices is 1 space per 48 m² of gross floor area. This proposal, at 220 m² in its final form, will require a minimum of 5 parking spaces. To accommodate landscape buffers on the periphery of the parking lot, including the preservation of existing trees, a maximum of 8 parking spaces can be provided on the site.

This responds to community requests that on-site parking be increased from 4 spaces.

3. Landscaping:

In reponse to community requests, application drawings have been submitted which show a substantial landscape strip around the parking area at the rear of the site, with a 1.8 metre high wooden fence. Existing trees and bushes on the periphery of the site will be retained.

4. Site access, traffic:

Works and Emergency Services advises that the width of the existing access driveway will be adequate to serve the project, notwithstanding community concerns.

City staff and the Ward Councillors who attended the community consultation meeting are considering residents' request that there should be a traffic light at the Finch/Grantbrook intersection facing the site. Although not a part of this application, this matter has been referred to the Commissioner of Works and Emergency Services.

5. Parks levy

The Commissioner of Economic Development, Culture and Tourism advises that this application will be subject to a 2% cash-in-lieu of parkland dedication payment pursuant to By-law 30152 of the former City of North York to implement Section 42 of the Planning Act. The cash-in-lieu will be payable prior to building permit issuance.

6. Processing of Site Plan application

The Site Plan Application has been reviewed by staff and will be approved following North York Community Council's adoption of this report. Prior to the zoning bills being brought forward for City Council's approval, the applicant will have entered into a Site Plan Agreement for this site.

Conclusions:

The proposed conversion of the single detached dwelling at 187 Finch Avenue West to a real estate office conforms with the Central Finch Area Secondary Plan. Approval of the rezoning application is therefore recommended.

Contact:

Anne Milchberg, Senior Planner

North York Civic Centre

Telephone: (416) 395-7129

Fax: (416) 395-7155

E-mail: amilchbe@toronto.ca

Rob Dolan

Director, Community Planning, North District

List of Attachments:

A Official Plan Map

B Current Zoning Map

C Applicant's proposed site plan (revised)

D Applicant's proposed elevations

E-M Comments of Civic Officials

DRAFT ZONING BY-LAW AMENDMENT

Authority: Report No. ____, Clause No.____, as enacted by Council on _________ (date)

Enacted by Council:

CITY OF TORONTO

By-law No. _____

To amend City of North York By-law No. 7625

in respect of lands municipally known as

187 Finch Avenue West

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 (former City of North York) 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:

1. Schedules B and C of By-law 7625 of the former City of North York are amended in accordance with Schedule "1" of this By-law.

2. Section _____ of By-law 7625 of the former City of North York is amended by adding the following subsection:

"64.26(___)

C4(___)

PERMITTED USES

(a) The only permitted use shall be a business or professional office;

EXCEPTION REGULATIONS

GROSS FLOOR AREA

(b) the maximum gross floor area shall be 220 m²;

BUILDING HEIGHT

(c) the maximum building height shall be 8 metres or 2 storeys,

whichever is the lesser;

PARKING REGULATIONS

(d) notwithstanding Section 6A(2) of the Zoning By-law, a maximum of 8 parking spaces shall be provided on the lands;

(e) notwithstanding Section 6A(5)(b) of the Zoning By-law, a two-way driveway with a minimum width of 3.6 metres may be provided on the lands;

SETBACKS

(f) the minimum front yard setback shall be 17.3 metres from the centre line of Finch Avenue West;

(g) the minimum east side yard setback shall be 1.8 metres;

(h) the minimum west side yard setback shall be 3.6 metres;

(i) the minimum rear yard setback shall be 26.6 metres;

LANDSCAPING

(j) a minimum 2.5 metre landscape strip shall be provided on the lands, along the rear property line; and

(k) a minimum 1.5 metre landscape strip shall be provided on the lands,

along the side property lines where they abut the parking lot.

ENACTED AND PASSED this ________ day of ____________, A.D. 2000

Mayor City Clerk

(Corporate Seal)