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Amendment to Zoning By-law No. 1-83 (York)
725 to 729 Jane Street, and 120 Corbett Avenue
The York Community Council, based on the findings of fact, conclusions and recommendations contained in the following report (February 2, 1998) from the Commissioner of Development Services (York Civic Centre), and for the reason that the proposal is an appropriate use of the lands, recommends that:
(1) the report of the Commissioner of Development Services (York Civic Centre) be adopted; and further that the draft by-law attached to such report respecting Application No. OZ97-004 submitted by Balian Holdings regarding a zoning by-law amendment, be approved, subject to the Owner executing a Development Agreement with the City prior to enactment of the draft by-law; and
(2) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
The York Community Council reports, for the information of Council, having held a statutory public meeting on February 18, 1998, in accordance with Section 34 of The Planning Act, and that appropriate notice of this meeting was given in accordance with The Planning Act and the regulations thereunder.
The York Community Council submits the following report (February 2, 1998) from the Commissioner of Development Services (York Civic Centre):
Purpose:
This report is for the approval of a rezoning application for the lands at 725 to 729 Jane Street and 120 Corbett Avenue.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
It is recommended that:
(1) the application be approved; and,
(2) Zoning By-law No. 1-83 be amended in accordance with the attached draft Zoning By-law (Appendix 3) subject to the Owner executing a Development Agreement with the City prior to the By-law=s enactment.
Background:
(1) Application:
The applicant wishes to change the zoning of the site so that the existing uses are permitted, as-of-right, and a new accessory parking lot with 12 spaces can be created to service the pharmacy and medical offices. The bungalow at 120 Corbett Avenue is to be demolished to accommodate the parking lot.
(2) Location:
The site is located on the north-east corner of Jane Street and Corbett Avenue and has an area of 940 m2. The frontage on Jane Street is 33.5 m and the depth along on Corbett Avenue is 28 m. (See Map 1 - Location Map). An existing 2 storey building, with a floor area of 715 m2, has White=s Pharmacy on the ground floor and medical offices above. A one storey detached bungalow is on the east portion of the site at 120 Corbett Avenue. Parking is currently provided on the boulevard.
Land uses abutting the site are as follows:
North: Hydro corridor and retail plaza
East: single and semi-detached houses
West: single and semi-detached houses
South: single and semi-detached houses
(3) Existing Official Plan and Zoning By-law:
The existing Official Plan places the site in a Low Density Residential Area. This designation allows for ancillary uses including minor commercial facilities oriented to the local population. The pharmacy and medical offices are considered minor commercial facilities oriented to the local population. The use, therefore, conforms with the Low Density Area designation of the Official Plan.
The Zoning By-law places the site in an R2 area. Commercial uses are not allowed in this zone which primarily permits single, semi-detached and duplex houses, along with some institutional and recreational uses. The existing use is legal non-conforming. It and the proposed parking lot expansion are not permitted uses in an R2 zone.
Comment:
(1) Issues:
The following issues arise as a result of the review of the application by the Development Services Department and other City of York departments:
- - allowing the existing uses to become conforming
- desirability of the expansion
- required improvement
- proposed zoning and exceptions
(2) Evaluation:
A. Allowing the Existing Uses to become Conforming:
The commercial building is adjacent to other zoned commercial uses to the north and conforms to the uses permitted in the Official Plan.. The use has been in existence as a legal non-conforming use for many years and provides a valuable service to the local community.
The Official Plan states that non-conforming uses should cease to exist over time and the land should revert to a conforming use. The owner intends to continue the use and has applied to expand it by creating an accessory off-street parking area for his customers.
The property abuts an arterial road. The site is suitable for the existing uses and the accessory parking, subject to controls to limit the amount of development and the location of the uses on the site.
B. Desirability of the Expansion:
The expansion consists of the provision of an accessory parking lot with 12 spaces. A house which currently exists on the site of the proposed parking lot will be removed. The lot will provide for customer parking which now takes place on the street, thus improving the conditions for residents in the area.
While the parking lot extends the commercial uses into a residential area, the extension is marginal and remains at the periphery of the stable residential area. The number of parking spaces required by the Zoning By-law for the existing pharmacy and medical office is 12. These will be provided.
The nuisance factors of noise, fumes vibrations, etc. will not be increased by the addition of the parking lot, nor will it generate more traffic. The homes to the east are proposed to be protected by a 1.8 metre high solid board fence and landscape strip. Existing municipal services are adequate.
C. Required Improvements:
As a result of negotiations with Development Services Department staff, the parking spaces on the public boulevard have been eliminated and replaced with a landscaped area. A 1.8 metre high solid board fence and a 3 metre wide landscaped strip will separate the parking area from the abutting dwellings to the east.
The provision of landscaping and other buffers between the commercial and residential uses will be secured by the owner entering into a Development Agreement.
D. Proposed Zoning and Exceptions:
A zoning district change from the existing residential zoning (R2) to the Local Commercial-Residential (LCR) zoning is proposed for the property. It will allow a range of commercial uses, including the existing uses, and compatible residential uses. The LCR zoning also allows restaurants and public garages which are not considered appropriate uses for this site due to its proximity to neighbouring detached dwellings. A site specific zoning also is proposed to prohibit these uses from locating on the site.
Conclusions:
The pharmacy and medical offices are minor commercial uses which conform to the Official Plan but not the Zoning By-law. The expansion of the commercial uses to include an accessory parking lot with landscape buffering and fencing will not adversely affect the residential neighbourhood, but will increase the available street parking for residential uses.
The zoning district change to an LCR zone with a site specific zoning will allow a full range of commercial and residential uses, except for restaurants and public garages. This will permit the current use and future commercial uses.
It is recommended that the site be rezoned in accordance with the attached Draft Zoning By-law (Appendix 3).
Contact Name:
K.W. Johncox
Senior Planner
Phone: 394-2607
Fax: 394-2782
Schedule 1 - Draft By-law
BY-LAW NO.
To AMEND City of York By-law No. 1-83
(Re: 725-729 Jane Street and 120 Corbett Avenue)
THE COUNCIL OF THE CITY OF TORONTO (1998) ENACTS AS FOLLOWS:
1. THAT Section 6 of the City of York By-law Number 1-83, as amended, be further amended by adding the following as a new Subsection (53):
A (53) MAP 17
By changing District Map 17, comprising the lands known as 725, 729 Jane Street and 120 Corbett Avenue, from an R2 District to an LCR District.
2. THAT Section 16 of the City of York By-law 1-83, as amended, be further amended by adding the following as a new subsection (376):
A (376) LANDS - 725-729 Jane Street and 120 Corbett Avenue
Notwithstanding any other provision of this By-law, the property known municipally as 725-729 Jane Street and 120 Corbett Avenue, and zoned LCR, shall not be used for a restaurant, licensed restaurant or public garage.
3. SUBJECT to the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P.13, this By-law shall come into force on the date of its passing.
ENACTED and PASSED this day of A.D. 1998.
(Copies of the aforementioned Appendices 1, 2 and 3 are on file in the Clerk's Department, York Civic Centre.)
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