Zoning By-law Amendment No. UDZ-99-13 and
UDSP-99-147 - William Holman - 74 - 78 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 William Holman regarding Zoning Amendment
Application UDZ-99-13 be approved, subject to the conditions outlined
in the referenced report; and subject to the following additional
conditions:
(1) That the driveway access adjacent to unit number 9 shown on the
site plan attached as Schedule "F" to the report, be reduced from
8.5 metres to 6 metres to allow for additional landscaping; and
(2) The Director, Community Planning, North District, refine 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
the construction of 21 condominium townhouses at 74 - 78 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(1) that Zoning By-law No. 33107 be repealed;
(2) that Section 64.16 of By-law 7625 of the former City of North York is
amended by deleting RM1(6) and adding a new RM1 exception
zone in which the only permitted uses shall be multiple attached
dwellings, with the following exceptions:
(a) the maximum gross floor area shall be 2510 m2;
(b) the maximum building heights shall be as set out in Schedule H,
and, further, the building heights shall not exceed the
measurement equal to 70% of the horizontal distance separating
the building from the nearest property line that coincides with
the boundaries of the Central Finch Area Secondary Plan. For
purposes of this by-law , the Central Finch Area Secondary Plan
area boundary is as set out in Schedule C;
(c) the minimum total lot area shall be 2675 m2;
(d) the maximum lot coverage of all buildings on the lands
other than private garages shall be 46 per cent;
(e) the provisions of By-law Section 16.2.1 regarding
minimum lot area per dwelling unit shall not apply;
(f) the provisions of By-law Section 16.2.3 regarding
minimum street frontage shall not apply;
(g) the provisions of By-law Section 16.3.2 regarding distance
between buildings in a group housing project shall not
apply;
(h) the provisions of By-law Section 16.2.4 regarding setbacks
shall not apply. The minimum front, side and rear yard
setbacks and distances between buildings shall be as
shown on Schedule H;
(i) the provisions of By-law Section 15.8(a) regarding
landscaping shall not apply;
(j) notwithstanding By-law Section 6(A) regarding Parking
For Multiple Attached Dwellings, parking shall be provided
at a rate of 2 spaces per dwelling unit; and
(k) the provisions of this exception shall apply collectively to
these lands, notwithstanding their future severance,
partition or division for any purpose.
(12) that, prior to the introduction of the Bill in Council, the applicant
shall have:
(a) obtained Site Plan Approval for this project at 74 - 78
Finch Avenue West from the Director Community
Planning, North District, with particular attention given to
the comments of Civic Officials contained in Schedules I
through H of this report; and
(b) conveyed to the City, at nominal cost, a 2.76 metre wide
strip of land across the entire Finch Avenue frontage of
the property, as further described in Schedule P of this
report.
Background:
Proposal:
Proposed are 21 condominium townhouses on a deep, L-shaped lot
situated on the north side of Finch Avenue West, between Talbot Road
and Kensington Avenue. On the southern half of the site, fronting Finch
Avenue, the townhouse units are three storeys in height. On the
northern half of the site, the units are two storeys in height.
The site is located four blocks west of the Yonge/Finch intersection, and
contains three single family detached dwellings. Abutting uses include
the Danish Lutheran Church directly to the east, a two-storey medical
office building on Finch Avenue to the west, and single family detached
dwellings in the stable residential area to the north and north-west of
the site.
In this proposal, 6 units front onto Finch Avenue West, and 15 units face
a private condominium drive running perpendicular off Finch Avenue
West. Access to all garages, including those of the front-facing units,
is provided by the private driveway.
Official Plan:
The site is subject to the Central Finch Area Secondary Plan, and is split
into two designations as shown on Schedule B.
The southern part of the site, along the Finch Avenue frontage, is
designated CFMU-1 (Central Finch Mixed Use - One), which permits:
- single, detached and multiple-unit residential uses, offices, retail and
service commercial uses, places of worship, public parks and recreational
facilities, and institutional uses; and
- a maximum density of 2.0 FSI for sites with a frontage of 30 metres or
more, in which the use is solely residential; and
- a maximum height of 4 storeys or 13 metres ,whichever is the lesser,
provided that:
- building setbacks of minimum 9.5 metres are provided along all lot lines
that abut the stable residential areas outside the Secondary Plan Area;
and
- the height of any part of a building cannot exceed 70% of the horizontal
distance separating that part of the building from the nearest residential
property line that coincides with the boundaries of the Secondary Plan
area (the Aseparation distance@ ).
The development proposed for the CFMU-1 lands meets all the Secondary Plan
provisions respecting use, density, height and setbacks.
The northern part of the site is designated CFR-2 (Central Finch Residential - Two),
which permits:
- single detached and multiple unit residential uses, public parks and recreational
facilities, and places of worship;
- a maximum density of 1.0 FSI; and
- a maximum height limit of 3 storeys or 10 metres, whichever is the lesser, provided that:
- building setbacks of minimum 9.5 metres are provided along all lot lines that abut the
stable residential areas outside the Secondary Plan Area; and
- the height of any part of a building cannot exceed 70% of the "separation distance".
The portion of the development located on the CFR-2 lands comply with the Central
Finch Area Secondary Plan provisions respecting use, density, height and setback.
Zoning:
The entire site is currently subject to site-specific Zoning By-law No. 33107, which
was approved in 1997, and is zoned RM1(6). This by-law rezoned the site from R4
(One Family Detached Dwelling Fourth Density Zone) to RM1 (Multiple Family
Dwellings First Density Zone). The following chart compares this application to that
permitted by RM1(6):
|
DEVELOPMENT PERMITTED
BY RM1(6) |
DEVELOPMENT REQUESTED IN
THIS APPLICATION |
GROSS FLOOR AREA |
2,700 m2 maximum |
2,509 m2 |
MAXIMUM
BUILDING HEIGHT |
13 metres or 4 storeys, whichever is
the lesser provided that, buildings in
no case shall exceed 70% of the
horizontal distance between that
portion of the building and the lot
lines that are parallel and generally
opposite to the front lot line |
Complies with Central Finch Area
Secondary Plan requirements |
MINIMUM
SETBACKS |
2.0 m - front yard
45.0 m - rear yard
1.0 m - side yard
1.5 m for parking and accessory
buildings |
Meets all setbacks, except the 45.0 m
setback from rear property line |
PARKING |
a minimum of 1.75 parking spaces
per dwelling unit of which a
minimum of 0.25 spaces shall be for
the use of visitors
this results in 52 spaces |
38 parking spaces (a deficiency of 4
parking spaces) |
NUMBER OF
DWELLING UNITS |
a maximum of 26 dwelling units |
21 dwelling units |
Should Council approve this application, the existing zoning designation, RM1(6), should be
repealed and replaced with a new RM1 exception zone which includes appropriate
development requirements for maximum gross floor area, maximum building height, and
setbacks.
Community Consultation:
The proposal was presented to the community at a meeting held on November 1, 1999 at the
Edithvale Community Centre. Councillors Gardner and Filion and their staff were in
attendance in addition to the applicant and Urban Planning and Development staff. One
member of the public attended. The following concerns were raised:
- that there should be more landscaping on the site, and that the private drives on site
should be narrowed to accommodate the additional green space; and
- that the Site Plan application and rezoning for this site should be processed
simultaneously.
The resolution of community concerns is discussed below.
Discussion:
Planning Considerations:
1. Separation from residential areas
The application has been revised to comply fully with the minimum 9.5 metre setback
requirement from all property lines abutting the stable residential areas adjacent to the
site. The specific property lines
2. Addressing the parking deficiency
The application has been revised so that it complies with the Zoning By-law standard
of 2 spaces per unit (including visitor parking). For most of the units, the parking
requirements are fulfilled through the use of integral, tandem parking garages that
accommodate 2 parking spaces. Three units fronting onto Finch have garages that can
accommodate only one parking space each; to meet the by-law standard, each of these
units has one designated surface parking space outside the units.
3. Servicing
It was suggested at the community meeting that the private driveway on the site should
be narrowed from 8.5 metres to 6.0 metres to accommodate more landscaping. Works
and Emergency Services advises that the pavement must be 8.5 metres wide at
minimum to ensure that:
- two-way vehicular circulation is maintained in the event that vehicles are
parked on one side of the driveway; and
- there is adequate on-site circulation of emergency, service and collection
vehicles.
The site plan application will require amendment to comply with the 8.5 metre
minimum standard.
In addition, if the applicant requests garbage pickup for the individual townhouse
units, a cul-de-sac with a 12.50 metre radius must be provided at the north limit of the
site, and the site plan application drawings will need to be amended accordingly.
4. Landscaping
The applicant has submitted landscape plans which show:
- boulevard enhancements along Finch Avenue West fronting the site, including
street trees, and a new 1.5 metre concrete sidewalk with a decorative strip;
- a 1.5 metre concrete sidewalk parallel to the private driveway, for the full length
of the site and starting at the Finch Avenue sidewalk, providing access to the
townhouse units;
- adequate landscaping in front of properties facing Finch Avenue and the mutual
driveway, to provide safe and amenable pedestrian use, day and night;
- details for screen fencing between the townhouse units and around the site; and
- 80 mm caliper shade trees planted at 8 metres on centre along the perimeter of
the site to help integrate the development into the adjacent residential
neighbourhood.
The landscape plans will be satisfactory once they incorporate a resolution of the
servicing matters described earlier in this report.
5. Processing of Site Plan application:
The Site Plan Application is in its final stages of review by staff. The zoning bills will
be introduced in Council only after the applicant has entered into the Site Plan
Agreement for this site.
Conclusions:
This proposal conforms with the density limits, permitted uses, height requirements and
setbacks set out in 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
74 -78 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:
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.
1. Zoning By-law No. 33107 is hereby repealed.
2. Section 64.16 of By-law 7625 of the former City of North York is amended by
deleting subsection RM1(6), and by adding the following subsection:
"64.16 RM1(___)
PERMITTED USES
(a) the only permitted use shall be multiple attached dwellings;
EXCEPTION REGULATIONS FOR MULTIPLE ATTACHED DWELLINGS
(b) the maximum number of units shall be 21;
(c) the maximum gross floor area shall be 2510 m2;
(d) the maximum lot coverage of all buildings on the lands other than private
garages shall be 46 per cent;
(e) the maximum building heights shall be as set out in Schedule H, and, further,
the building heights shall not exceed the measurement equal to 70% of the
horizontal distance separating the building from the nearest property line
that coincides with the boundaries of the Central Finch Area Secondary Plan.
For purposes of this by-law , the Central Finch Area Secondary Plan area
boundary is as set out in Schedule C;
(f) the minimum total lot area shall be 2675 m2;
(g) the provisions of By-law Section 16.2.1 regarding minimum lot area per
dwelling unit shall not apply;
(h) the provisions of By-law Section 16.2.3 regarding minimum street frontage
shall not apply;
(i) the provisions of By-law Section 16.3.2 regarding distance between buildings
in a group housing project shall not apply;
(j) the provisions of By-law Section 16.2.4 regarding setbacks shall not apply.
The minimum front, side and rear yard setbacks and distances between
buildings shall be as shown on Schedule H;
(k) the provisions of By-law Section 15.8(a) regarding landscaping shall not apply;
(k) notwithstanding By-law Section 6(A) regarding Parking For Multiple
Attached Dwellings, parking shall be provided at a rate of 2 spaces per
dwelling unit; and
(l) the provisions of this exception shall apply collectively to the 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 a communication
(January 2, 2000) from Mr. George S. Belza, advising of his intentions to make oral
submissions at the statutory public meeting, requesting copies of the draft zoning by-law in
proposed final form, including attached schedules together with the opportunity to resolve
deficiencies therein with staff and the applicant, prior to the introduction of bills at Council;
and requesting notice under the Planning Act of zoning by-law enactment.
A staff presentation was made by Ms.Anne Milchberg, Senior Planner, Community Planning,
North District.
The following persons appeared before the North York Community Council in connection with
the foregoing matter:
- Mr. Adam Brown, Solicitor, on behalf of the applicant, who commented on the merits
of the application. During his submission he also stated that the applicant has no
objections to the recommendations contained in the staff report but was requesting a
reduction in the driveway access adjacent to Unit No. 9 shown on the site plan, from 8.5
metres to 6 metres in order to provide for additional landscaping.
- Mr. George Belza, who spoke on behalf of the Edithvale/Yonge Ratepayers' Association
and who advised that many of the Association's concerns had been addressed. He also
stated that they had no objections to the proposed development subject to some minor
revisions to the proposed zoning by-law and concluded by expressing support for the
revision to the site plan regarding the reduced driveway access adjacent to Unit No. 9.
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