Zoning By-law Amendment No. UDZ-99-12 and
UDSP-99-052 - Anne Judson - 187 Finch Avenue West -
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 (December 20, 1999) from the Director,
Community Planning, North District, and for the reasons that the
proposal is an appropriate use of lands, recommends that the
application submitted by Anne Judson regarding Zoning Amendment
Application UDZ-99-12 be approved, subject to the conditions outlined
in the referenced report.
The North York Community Council reports having held a statutory public
meeting on January 18, 2000, with appropriate notice of this meeting in
accordance with the Planning Act and the regulations thereunder.
The North York Community Council submits the following report
(December 20, 1999) from the Director, Community Planning, North
District, Urban Development Services:
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
(A copy of Schedules referred to in the foregoing report are on file in the
office of the City Clerk, North York Civic Centre.)
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
__________
The North York Community Council also reports having had before it a revised Schedule "J"
to the report (December 20, 1999) from the Director, Community Planning, North District,
outlining the requirements of the Transportation Services Division of the Works and
Emergency Services Department.
A staff presentation was made by Ms. Anne Milchberg, Senior Planner, Community Planning,
North District.
Ms. Anne Judson, applicant, appeared before the North York Community Council in
connection with the foregoing matter and advised that she had no objection to the
recommendations outlined in the staff report.