Zoning Amendment Application UDZ-97-37 -

Lopes Bros. Contracting - 1721 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 13, 1998) from the Acting Commissioner of Planning, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by Lopes Bros. Contracting regarding Zoning Amendment Application for 1721 Jane Street, be approved.

 The North York Community Council reports having held a statutory public meeting on June 24, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

 The North York Community Council submits the following report (May 13, 1998) from the Acting Commissioner of Planning:

 Purpose:

 The purpose of this report is to recommend a zoning by-law amendment to allow the existing one storey commercial building and parking lot which fronts onto Jane Street, to be maintained and to develop the eastern portion of the property which fronts onto Hearne Avenue, with 2 semi-detached dwellings (4 units). The site plan and elevation drawings are attached as schedule "C" and "D".

 Recommendations:

 It is recommended that:

 (1)the application be approved and the site be rezoned to C1 Exception on the Jane Street frontage and RM2 Exception on the Hearne Avenue frontage subject to the following:

 C1 Exception Zone:

 (a)the existing retail store shall provide a minimum of:

 (i)20 parking spaces; and

 (ii)a courier loading space having dimensions of 6m long and 3.6m wide; and

 (b)there shall be no front yard setback, rear yard setback, lot area and lot depth requirements;

 RM2 Exception Zone

 (a)the minimum lot area shall be 276m² for each semi-detached dwelling unit and 550m² for each semi-detached dwelling;

 (b)the minimum lot frontage shall be 8.0m for each semi-detached dwelling unit and 16.0m for each semi-detached dwelling;

 (c)the minimum side yard setback shall be 1.2m; and

 (d)the maximum lot coverage shall be 34 percent;

 (2)that prior to the issuance of a building permit for the Hearne Street site, the applicant shall submit a grading and drainage plan, which is satisfactory to the Chief Building Official and which shall be registered on title as part of the release of part lot control agreement. The grading plan will ensure that surface drainage is directed towards Hearne Avenue; and

 (3)prior to the enactment of the amending by-law, the applicant will submit payment-in-lieu of parking for one parking space at the rate of $7,500.00 as per Council policy.

 Background:

 Proposal:

 The applicant proposes to retain the commercial operation fronting onto Jane Street (The Dollar Joint) and construct 2 semi-detached dwellings (4 units) fronting onto Hearne Avenue. On the Jane Street site, the applicant proposes to demolish approximately 4 metres of the rear portion of the commercial building to allow unobstructed access from the right-of-way to the parking lot. Each semi-detached dwelling unit will have a gross floor area of 190m² which represents a lot coverage of 34 percent. The proposed lots are to be created through a Part Lot Control Exemption Application.

 Location:

 The development site is located on the east side of Jane Street in the area north of Lawrence Avenue West and is currently occupied by a retail establishment and associated parking lot. Properties fronting onto Jane Street are primarily developed with retail commercial uses. Properties on Hearne Avenue are primarily developed with low density residential uses. There is a 6m wide right-of-way in the rear yards of the proposed residential properties which is in favour of the Jane Street properties. The right-of-way provides car access to the abutting commercial and residential properties and runs the full length of this block. Semi-detached dwellings are located immediately to the south of the subject lands at 10, 12, 16 and 18 Hearne Avenue (which were approved under applications UDOZ-93-09 and UDOZ-96-11 respectively) and further east on Everglades Drive (refer to schedule "B").

 Official Plan:

 The western portion of the property, fronting onto Jane Street, is designated Arterial Corridor Area (ACA) which permits a mixture of residential and commercial uses generally up to a Floor Space Index of 2.0. The eastern portion of the property, fronting onto Hearne Avenue, is designated Commercial (COM) with a site specific policy (C.9.58) which permits, among other uses, single and semi-detached dwellings at a maximum density of 39 units per hectare. The proposed development represents a density of 36 units per hectare. No Official Plan amendment is required (refer to schedule "A").

 Zoning:

 The lands fronting onto Jane Street are zoned C1 which permits a wide range of retail and service commercial uses. A rezoning to C1 exception for the Jane Street property is required to recognize the reduced size of the site and a parking deficiency. The portion of the property which is zoned R4 permits one single family residential dwelling. A rezoning to RM2 is required to permit the proposed semi-detached dwellings (refer to schedule "B").

 Comments:

 A summary of the relevant comments received is outlined below.

 The Transportation Department (North York Office - schedule "E") advise that 21 parking spaces are required for the commercial building. There are 20 parking spaces on site. The one space deficiency in parking is supported subject to payment in-lieu-of parking being applied.

 The Public Works Department (North York Office - schedule "F") advise that existing drainage patterns on adjacent properties and the right-of-way shall not be altered.

 Discussion:

 The proposed semi-detached dwellings are similar to those approved and built on the lots to the south with the exception of the proposed front yard setback and building height. The applicant has proposed a 6m front yard setback and a building height of 10.36m and 3 storeys. This portion of Hearne Avenue is primarily built with a minimum front yard setback of 7.5 metres. The semi-detached dwellings in the area are 2 storeys and a maximum of 9.2m in height. To ensure development is compatible with the adjacent buildings, it is recommended the proposed semi-detached dwellings comply with the front yard and building height requirements of the zoning by-law. A table which compares the proposed semi-detached dwellings with the approved semi-detached dwellings to the south and the standard requirements of the RM2 zone is attached as schedule "G".

 The Commercial Building

 On the Jane Street frontage a C1 exception zoning is recommended to recognize the existing commercial property and to ensure a minimum parking supply is provided for the existing retail store with adequate loading facilities. There are 20 parking spaces provided on site at 1721 Jane Street, which is sufficient to accommodate the existing retail store. The remaining properties provide on site parking for the commercial activities along Jane Street, between Lawrence Avenue West and Marshlynn Avenue.

 Lot Drainage

 Issues relating to grade and drainage were raised by the owners of the adjacent commercial buildings located on Jane Street. Similar issues were raised when considering the previous applications (UDOZ-93-09 and UDOZ-96-11) for the semi-detached dwellings located to the south. In order to ensure drainage problems do not occur as a result of the current proposal, it is recommended that the applicant submit a grading and drainage plan which would be registered on title as part of the release of part lot control agreement.

 Conclusions:

 Semi-detached residential buildings along the eastern portion of the subject property are appropriate as they will enhance the stability of the neighbourhood by helping to separate the existing commercial uses fronting on Jane Street from the residential uses along Hearne Avenue. Staff recommend approval of this application subject to the conditions contained within the report.

 Contact Name:

 Anthony Rossi, Planner Phone: 395-7114Fax: 395-7155

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 A staff presentation was made by Anthony Rossi, Planner, Planning Department, North York Civic Centre.

 Mr. Peter Cheatley Planning Consultant, appeared before the North York Community Council on behalf of the applicant in connection with the foregoing matter and commented on the merits of the application. He also indicated that the applicant concurred with the staff recommendations.

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

 (i)(June 9, 1998) from Mr. Marco Massaro expressing his concerns with the proposed development; and

 (ii)(June 9, 1998) from Mr. Ettore Massaro expressing his concerns with the proposed development.

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