Report - General Zoning By-law Amendment - UD43-HSK -

Supplementary Report No. 1 -

All North York Community Council Wards

 The North York Community Council recommends the adoption of the following report (April 23, 1998) from the Acting Commissioner of Planning:

 Purpose:

 When the General Zoning Amendment was considered, North York Community Council requested that one item dealing with sidewalks around apartment dwellings not be removed from the zoning by-law, and that three items be referred back for a full report. This report provides the additional information requested by Community Council.

 Source of Funds:

 Not Applicable

 Recommendations:

 It is recommended that:

 (1)Community Council determine that under Subsection 34(17) of the Planning Act, no further notice is required;

 (2)Community Council recommend amendment of the General Zoning By-law Amendment By-law in accordance with the following:

1. the setbacks set out in Section 36, the General Provisions for O zones, be moved to the O1 and O3 zones;

1. the exception for Don Mills Arena be moved to Section 64.37;

1. the schedules for the RM6(79), C1(74) and C1(75) zones be added to Section 64;

1. the reference to schedule C1(75) be corrected to a reference to schedule C1(74) in the C1(74) exception zone;

1. the C1(74) exception zone outdoor amenity space requirement be changed to 1.5 m² per unit; and

1. the reference in the O3(2) zone to uses permitted by Section 64.39 be replaced with a reference to uses permitted by Section 39.

 Background:

 On April 1, 1998, North York Community Council considered the General Zoning Amendment report. Community Council deferred three items for a further report. The by-law (minus the deferred items) was enacted by City Council on April 16 1998, as By-law No. 169-1998 . This report is a general description of the deferred items.

 Discussion:

 Garbage Containers in Commercial Zones

 Section 22.8 of By-law No. 7625 requires that for commercial buildings near residential zones, all outside garbage containers or receptacles be built recessed into the rear wall, or be screened by a minimum 2.4 metre high brick wall. By-law No. 32641, which was recently approved by the Ontario Municipal Board (October 22, 1997) has a regulation repealing Section 22.8. The recommendation in the previous General Zoning Amendment report to repeal Section 22.8 is no longer necessary, as this provision has already been repealed.

 Section 22.8 was added to the zoning by-law in 1979, prior to when the site plan process was first enabled by the Planning Act in 1983. There are now better options for dealing with garbage containers than those prescribed by Section 22.8. The site plan approval process gives an opportunity to consider the location, materials, and access to the garbage receptacle among other things. The site plan approval process enables better solutions to be found on a site specific basis.

 Repeal of the General Provisions for Open Space Zones

 A principle set out in the review of the zoning by-law was that general provisions for each zoning category would be eliminated over time, by relocating regulations to either the General Provisions for all Zones, or to each individual zone. The only operable regulations left in the General Provisions for Open Space Zones are

1. the yard setbacks (Section 36.2); and
2. the exception for yards for Don Mills Arena (Section 36.4.1).

 It is recommended that the setback regulation be relocated to each O zone, and that the exception be relocated to the exception section. The recommended changes will not change the application of any of the regulations that currently apply to Open Space Zones.

 -Yonge Norton Centre

 By-law No. 33027 was passed on July 9, 1997 creating five separate exception zones for this site, by consolidating two site specific by-laws for the area. By-law No. 33027 as proposed should have had schedules for the RM6(79), C1(74) and C1(75) zones, but in error they were not attached to the implementing by-law. There have been two building permits issued for these exception zones but they were based on previous site specific zoning.

 The schedules for the RM6(79), C1(74) and C1(75) exception zones contain the relevant residential property lines. Without these schedules the building height regulation only limits the maximum number of storeys; it does not directly limit the height as was Council=s intent.

 In addition, in the C1(74) exception zone the requirement for outdoor recreational amenity area is 1.5 m² in total. It was intended that the 1.5 m² requirement be per unit. Also in the C1(74) exception zone is a reference to schedule C1(75) that should be corrected to a reference to schedule C1(74).

 In the O3(2) exception zone (also part of the Yonge Norton development), the reference to uses permitted by Section 64.39 should have been a reference to Section 39. As written, the O3(2) zone does not permit a park or other station, building or yard operated by the City. For the sites that are zoned O1(16) and O3(2) there is no need for a schedule to be added to the exception.

 The three exception schedules should be enacted in order to limit the height of any future development in these three exception zones. In this way any new building would be developed in accordance with Council=s intent.

 Conclusions:

 The O zone provisions that apply should be relocated to the O1 and O3 zones in the case of the yard setbacks, and to the exception section in the case of the exception. These proposed changes have no impact on the application of the O Zone regulations.

 The schedules for the RM6(79), C1(74) and C1(75) exception zones should be added to the By-law to ensure that any future Building Permits issued for this site are consistent with Council=s intent. The wording changes proposed for the C1(74) and O3(2) zone should also be made.

 There is no changes recommended for Section 22.8 dealing with garbage receptacles as that provision has already been repealed from the zoning by-law.

 Contact Name:

 David J. Douglas, Planner

Phone: 395-7136Fax: 395-7155

 (A copy of the General Zoning By-law Amendment and schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)