Zoning Amendment Application UDZ-97-49 -

Vincent Planning and Development Consultants Inc. -

1675 Jane Street - North York Humber

 The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (May 7, 1998) from the Acting Commissioner of Planning, and for the reasons that the proposal is an appropriate use of the lands, recommends that the application submitted by Vincent Planning and Development Consultants Inc. regarding Zoning Amendment for 1675 Jane Street, be approved.

 The North York Community Council reports having held a statutory public meeting on May 27, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

 The North York Community Council submits the following report (May 7, 1998) from the Acting Commissioner of Planning:

 Purpose:

 The purpose of this report is to recommend a Zoning By-law Amendment to permit a retail store on the vacant portion of the site, south of the existing development.

 Recommendations:

 It is recommended that:

 (1)the application be approved and the site be rezoned from C1 and R4 to C1 (exception), subject to the following conditions:

 i)no minimum front yard setback shall be required and the maximum front yard setback shall be 9.7 metres; and

 ii)notwithstanding any future severance, partition, or division of the site, the provisions of this By-law shall continue to apply to the whole site as if no severance, partition or division occurred;

 (2)during site plan review the objectives set out in Appendix A shall be achieved; and

 (3)the appropriate City Officials be authorized and directed to take the necessary action to give effect hereto.

 Background:

 History:

 This application was received after a similar proposal was refused by the Committee of Adjustment on November 6, 1997. The Committee indicated that a rezoning process would allow for a more rigorous review of the impacts and relationship between this development and neighbouring properties. The applicant (Loblaws Properties Inc.) appealed the decision of the Committee to the Ontario Municipal Board (OMB). A hearing date has not yet been set. Counsel for Loblaws Properties have also appealed this rezoning application to the OMB under Section 34(11) of the Planning Act.

 Proposal:

 The applicant proposes to construct a one-storey Loblaws (No Frills) store on the vacant southern portion of the site (Schedule AA@). The existing one-storey commercial building on the northern portion of the site will be retained. The building currently houses a Mr. Transmission business and a No Frills store which is to be leased out. The new retail store is proposed to have a total gross floor area of 2,323 m² with a potential future expansion of an additional 464 m² . The site statistics are outlined below.

  Site Location:

The site is located on the southeast corner of Jane Street and Lawrence Avenue. In this vicinity, Jane Street serves as the boundary between the former Cities of York and North York. There is a mix of residential and commercial use in the neighbourhood. Retail uses front both Jane Street and Lawrence Avenue. Low rise apartments are located south of the site on Jane Street. Low density residences are generally located behind the commercial properties fronting the arterial roads.

 Official Plan:

 The site is designated as Arterial Corridor Area (ACA) which permits a mix of residential, commercial and institutional uses (Schedule A). For commercial developments, densities up to 1.0 FSI (Floor Space Index) are permitted. No amendment to the Official Plan is required.

 Zoning By-law:

 The northern portion of the site is zoned C1 (General Commercial) while the southern portion is zoned R4 (Residential Fourth Density) (Schedule B). An amendment to the zoning by-law is required to permit the construction of the retail store on the southern portion of the site.

 Department Comments:

 Listed below are the significant comments received:

 The Transportation Department have reviewed the Traffic Impact Study and the revised site plan and have no objections to the proposal subject to the conditions and requirements outlined in Schedule F. Further review of access arrangements, changes to signalization at the Jane Street and Lawrence Avenue intersection, and a land conveyance along Lawrence Avenue West will be required.

 The Public Works Department indicates that a water main is to be constructed in order to accommodate this development (Schedule G). Additional comments include conditions pertaining to the funding of works, stormwater discharge levels and garbage collection.

 Community Consultation

 A community open house was held on March 9, 1998. Area residents within a 200 metre (600 ft) radius were given notice of the open house at the Councillors= request. The proposal was generally supported and written submissions are included in the attached Index. Most of the issues raised pertained to the site plan and are outlined below.

 Impacts on Abutting Residential Properties

 -the loading area should be designed so that it is located away from the residential areas in order to minimize noise impacts;

-the rear portion of the lot should include landscaping and fencing which screens and separates the proposed commercial use from the residential properties, but does not shade adjacent gardens;

-the lighting should be arranged so that bright lights are oriented away from residences;

-some residents favoured the walkway into the residential neighbourhood while others indicated the walkway should be closed for safety reasons; and

-parking and site design should promote a safe environment;

 Traffic Impacts

 Questions were raised on whether the traffic generated by this proposal can be accommodated. The Transportation Department indicates that with some modification to the access arrangements, traffic can be accommodated.

 As a result of the community meeting the applicant submitted a revised site plan which included the following changes:

 -moved the proposed building closer to Jane Street and relocated the parking to the north;

-enclosed the loading area and made improvements to meet zoning standards;

-clearly defined how on-site circulation would be provided;

-moved the southern access to align with Speers Avenue;

-identified potential buffering and landscaped areas along the Jane Street frontage and adjacent to residential areas; and

-defined a visible continuous pedestrian route from Jane Street to Thurodale Avenue;

 The applicant is continuing to work with residents to resolve these issues which will be finalized through site plan approval.

 Discussion:

 Land Use

 The site is part of the Lawrence Avenue Arterial Corridor Area (ACA) which extends from Black Creek Drive in the north to Tretheway Drive in the south. The proposed development is consistent with the ACA policies and while below the density and height limits permitted at a major intersection, will bring significant reinvestment and vitality to the neighbourhood. The proposed store will infill a vacant parcel along this portion of Jane Street. The impact of the development on adjacent residences will be mitigated through appropriate urban design criteria.

 The proposed C1 zone which permits retail uses, is appropriate for this site given its location at a major intersection. The proposal meets the C1 zone standards with the exception of front yard setbacks. An exception to the front yard setback is recommended to permit the building to be closer to Jane Street providing an urban street edge.

 Urban Design

 The introduction of the new store along with enhancements to the existing site will result in an overall improvement to the appearance of the area. Enhancements will be sought to the Jane Street frontage including landscape treatment along the boulevard to complement the proposed building location in relation to the street. The building facade and canopy along Jane Street will be further reviewed to achieve a high quality of urban design. At the Lawrence Avenue frontage opportunities to increase the landscaped area and realign the parking in relation to the boulevard will be achieved during the site plan process. The proposed walkway from Thurodale Avenue will provide added access for residents to the proposed store and serve as a path to Jane Street. Pedestrians have created an informal walkway through the vacant site to Jane Street and to the existing parking lot. Refinements to the site plan as suggested by the residents will be further addressed through the site plan process.

 Traffic and Access

 The Transportation Department concurs with the findings of the Traffic Impact Study and is satisfied that the traffic generated by the proposed development can be accommodated. Access arrangements will be further reviewed during the site plan approval process and the traffic consultant will be required to provide further analysis of site access.

 Soil Conditions

 The applicant has provided a soils report given the potential for soil and groundwater contamination from the Mr. Transmission establishment on the northern portion of the site and past uses. As per the interim policy, the soils report will be subject to a peer review and a Record of Site Condition verifying the consultant=s results will be required as part of site plan approval.

 Conclusions:

 The applicant=s proposal for a new No Frills retail store on the southern portion of the site located at Jane Street and Lawrence Avenue is consistent with the policies set forth in the North York Official Plan. The proposed store will benefit the neighbourhood by providing added amenity and investment to the area. A detailed review of landscaping, buffering, lighting, servicing, access and other related issues will be addressed at the site plan stage. It is recommended that an implementing by-law covering the entire site be enacted.

 Contact Name:

 Mary McElroy, Planner

Phone: 395-7100Fax: 395-7155

  APPENDIX A

 During the Site Plan Approval stage, the following shall be achieved:

 i)minimize the impact of loading facilities and operations on neighbouring properties;

ii)enhance landscaping, buffering and fencing along adjacent residential properties;

iii)provide an appropriate parking lot design including drainage facilities and placement of lighting;

iv)provide streetscape improvements to the Jane Street and Lawrence Avenue frontages, and ensure that the design of the proposed building is street related; and

v)address the technical comments of the Transportation Department (Schedule F), Public Works Department (Schedule G), Public Health Department (Schedule H).

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 The North York Community Council also reports having had before it a communication (May 12, 1998) from Ms. Dorothy Stewart, 17 Ellis Avenue, advising of her opposition to the application.

 Mr. Adam Brown, Solicitor, on behalf of Vincent Planning and Develpment Consultants Inc., appeared before the North York Community Council indicating that a number of community meetings have been held on this application. The final plan before the Community Council is in response to the concerns raised by neighbouring property owners and it is acceptable to all parties involved.

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 (Copies of the schedules and draft zoning by-law amendment referred to in the foregoing report are on file in the office of the City Clerk, North York Civic Centre.)