Zoning By-law Amendment Nos. UDZ-99-15 and

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 Manjit Mongat regarding Zoning Amendment Application UDZ-99-15 be approved, subject to the conditions outlined in the referenced report; and subject to the Director, Community Planning, North District refining the Zoning By-law and site plan in accordance with the concerns expressed by the ratepayers prior to the enactment of the by-law; and report back to North York Community Council only if necessary.

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 4 freehold townhouses on the property at 150 Finch Avenue West.

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 RM1 exception zone to permit multiple attached dwellings, with the following exceptions:

(a) the maximum number of units shall be 4;

(b) the maximum gross floor area of the building shall be 680 m²;

(c) the maximum lot coverage shall be 40%;

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(d) the minimum lot frontage shall be 26.9 metres;

(e) the maximum building height shall be 10.0 metres;

(f) the provisions of By-law Section 16.2.1 regarding lot area shall not apply;

(g) yard setbacks:

(i) the minimum front yard setback shall be 18.0 metres from the centre line of Finch Avenue West;

(ii) the minimum rear yard setback shall be 10.3 metres;

(iii) the minimum east side yard setback shall be 0.5 metres;

(iv) the minimum west side yard setback shall be 6.0 metres;

(v) a minimum 2.0 metre deep landscape area shall be provided on the lands along the full extent of the rear property line; and

(h) the provisions of this exception shall apply collectively to these lands, notwithstanding their future severance, partition or division for any purpose; and

(2) that, prior to the introduction of the Bill in Council, the applicant shall have obtained Site Plan Approval for this project at 150 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 N of this report.

Background:

Proposal:

The applicant is proposing to build 4 freehold townhouse units with car parking at the rear of the site, at 150 Finch Avenue West (north side of Finch, west of Carney Road). The site is currently occupied by a single, detached one-storey dwelling, and single detached dwellings also abut to the east, west and north.

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. Under the Secondary Plan, on a lot with a frontage of less than 30 metres, a maximum residential density of 1.0 FSI is permitted, and a height limit of 3 storeys or 11 metres is permitted.

The proposed density is 0.8 FSI, the proposed building height is 10 metres, and the separating distance is 10.3 metres. The proposed use is townhouses, a form of multiple-unit residential development permitted under the CFMU-1 designation. Therefore, the proposal conforms to the Secondary Plan in terms of use, density, height and setbacks.

Zoning:

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

The proposed zoning designation is RM1, to permit multiple attached dwellings, which includes appropriate development requirements for the maximum number of units, maximum gross floor area, maximum lot coverage, minimum lot frontage, maximum building height, minimum yard setbacks and minimum depth of landscape strips.

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 30 members of the public attended. The following concerns were raised:

- that the parking proposed onsite would not be adequate, and that second cars and visitors would not be accommodated;

- that the proposed access/egress from the site onto Finch Avenue West would not be safe;

- that the mature tree in front of the site should be preserved;

- that the applicant should provide substantial landscape buffering at the rear of his property, and 1.8 metre high wooden fencing at the rear and sides; and

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

Discussions have also taken place with the immediate neighbours to the east and north, focusing on site access, parking and landscaping.

The resolution of community concerns is discussed below.

Comments:

Planning Considerations:

1. Urban design

When the application was originally submitted, the proposal consisted of five townhouse units with garages and a shared paved driveway all fronting onto Finch Avenue West. The front façade consisted of garages, doors and stairs, and the front landscaping consisted of paving. A number of residents were concerned about the design and its relationship to Finch Avenue West.

To improve the public face of the development on Finch Avenue, the development has been substantially amended so that:

- the front façade now consists of primary windows, not garage doors; the front entrance stair does not exceed a height of 1.2 metres above ground level;

- the garages have been relocated to the rear of the site, accessed by a 6.0 metre driveway on its eastern edge; and

- the side access driveway affords greater separation of the development from the single detached residence at 148 Finch Avenue East.

2. Parking

The garage for each unit will comfortably accommodate 2 cars parking in tandem. This will satisfy the zoning by-law requirement for 2 spaces per unit (including visitor parking). This addresses the community's concerns regarding adequacy of parking on-site.

3. Access

At the community meeting, one resident expressed a concern that the proposed access/egress point from the site onto Finch Avenue West would not be safe. However, the access point is of a sufficient distance from the intersection of Finch Avenue West and Talbot Road to preclude traffic conflicts.

4. Landscaping

In response to community concerns, the mature willow tree on City property in front of the site will be preserved.

The applicant will provide substantial landscape buffering at the rear of the property (generally 4 metres in depth, and narrowing down to 2 metres for a small portion to accommodate a hammerhead arrangement in the driveway), and 6 foot high wooden fencing at the rear and sides.

5. Parks levy

The development will be subject to a 5% cash-in-lieu of parkland dedication payment, pursuant to By-law No. 30152 of the former of City of North York, to implement Section 42 of the Planning Act. The cash-in-lieu payment will be payment 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. The zoning bills will be introduced in Council only after the applicant has entered into the Site Plan Agreement for this site.

Conclusions:

The proposed development of 4 freehold townhouses 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

(Copies 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

150 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 64.16 of By-law 7625 of the former City of North York is amended by adding the following subsection:

"64.16(26) RM1(___)

PERMITTED USES

(a) the only permitted use shall be multiple attached dwellings;

EXCEPTION REGULATIONS

(b) the maximum number of units shall be 4;

(c) the maximum gross floor area of the building shall be 680 m²;

(d) the maximum lot coverage shall be 40%;

(e) the minimum lot frontage shall be 26.9 meters;

(f) the provisions of Section 16.2.1 regarding lot area shall not apply;

(g) the maximum building height shall be 10 metres;

(h) a minimum 2.0 metre deep landscape area shall be provided along the full extent of the rear property line;

(i) yard setbacks:

(A) the minimum front yard setback shall be 18.0 metres from the centre line of Finch Avenue West;

(B) the minimum rear yard setback shall be 10.3 metres;

(C) the minimum east side yard setback shall be 0.5 metres;

(D) the minimum west side yard setback shall be 6.0 metres; and

(j) the provisions of this exception shall apply collectively to these lands, notwithstanding their future severance, partition or division for any purpose.

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

Mayor City Clerk

__________

The North York Community Council also reports having had before it the following communications:

- (January 14, 2000) from M.S. Mongat, applicant, advising that he agrees with Mr. Belza's request regarding the privacy fence etc. as outlined in the communication dated December 20, 1999;

- (December 31, 1999) from Mr. George S. Belza, advising of his intentions to make oral submissions at the statutory public meeting on behalf of his clients and requesting site plan approval "bump up" and an appropriate opportunity to remedy deficiencies in the draft zoning by-law, and any in the draft site plan agreement, prior to site plan approval and by-law enactment, so that the understanding that has been reached may be implemented without the need for Ontario Municipal Board proceedings; together with copies of communications addressed to the Director, Community Planning, North District, and Anne Milchberg, Senior Planner on his request to pre-review draft by-laws

- (December 16, 1999) from the Director, North District, Urban Development Services, addressed to Mr. George Belza, explaining the departmental policy on reviewing draft by-laws in advance of others; and

A staff presentation was made by Anne Milchberg, Senior Planner, Community Planning, North District.

Mr. George Belza, appeared in connection with the foregoing matter on behalf of the two abutting property owners, Mrs. Clink at 148 Finch Avenue West and Mr. and Mrs. Lo, at 10 Carney Road, who indicated that he was satisfied with the application as it now stands but that the draft zoning by-law would require refinement. He further stated that if the North York Community Council were to approve the application in principle, he would be prepared to withdraw his request for a site plan approval "bump up" subject to resolution of the concerns in the form of a refined zoning by-law.