Zoning Amendment Application UDZ-98-22 -

Idels Architect Inc. - 135 Finch Avenue East -

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 report (November17,1998) from the Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of the lands, recommends that the application submitted by Idels Architect Inc. regarding Zoning Amendment for 135 Finch Avenue East, be approved, subject to the conditions outlined in the report.

The North York Community Council reports having held a statutory public meeting on December 9, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (November 17, 1998) from the Director, Community Planning, North District:

Purpose:

This report recommends approval of an application to permit a redevelopment of the site with a 3-storey semi-detached dwelling.

Recommendations:

It is recommended that this application be approved, subject to the following conditions:

(1) the R6 zoning of the property be amended to RM2 (19);

(2)the RM2 (19) zoning exception be amended to permit, for the property at 135 Finch Avenue East:

(a)a maximum gross floor area of 626 m²; and

(b)a minimum lot frontage of 6.9 metres for each semi-detached dwelling unit and 13.8 metres for each semi-detached dwelling;

Prior to the enactment of a Zoning By-law

(3)prior to the enactment of any zoning by-law, the applicant shall convey all required road widenings along Finch Avenue East;

Prior to the issuance of a Building Permit

(4)prior to the issuance of a building permit, the applicant shall submit a landscape plan satisfactory to the Director, Community Planning, North District, specifically addressing site plan and streetscape improvements in accordance with Secondary Plan guidelines, required Finch Avenue widening, and preservation of existing trees;

General Conditions

(5)the conditions of the Works and Emergency Services Department, Transportation Services Division as set out in Schedule "E";

(6)the conditions of the Works and Emergency Services Department as set out in Schedule "F"; and

(7)at the appropriate time, Council approve a by-law for exemption from part lot control in accordance with the conditions and policies adopted for part lot control exemption. Prior to releasing part lot control on the site, the applicant shall have submitted a letter of undertaking stating that upon the sale or transfer of the last parcel of land, the City will be advised in order that the part lot control exempting by-law may be revoked.

Background:

Proposal:

The application proposes an amendment to the Zoning By-law to permit development of the site with a 3-storey semi-detached dwelling. Pertinent site statistics are shown below:

*based on a Finch Avenue road widening of 4.8 metres

Location and Existing Site:

The site is located on the south side of Finch Avenue East, between Willowdale Avenue and Longmore Avenue. This portion of Finch Avenue is developed predominately with single detached dwellings, including the immediately abutting properties. There is a semi-detached dwelling at 145 Finch Avenue East, and another application (UDZ-98-21) for a semi-detached dwelling at 129 Finch Avenue East, submitted by the same applicant. The Cat Hospital veterinary service is located at the southeast corner of Finch and Willowdale Avenues.

Planning Controls:

Official Plan:

The site is designated Central Finch Residential One (CFR-1) within the Central Finch Secondary Plan, which permits single and multiple-unit residential uses, in addition to parks uses and places of worship. The Central Finch Secondary Plan encourages redevelopment and intensification of permitted uses in order to achieve a mixed use area between Bathurst Street and Bayview Avenue. Along Finch Avenue East, the secondary plan particularly encourages small multiple-unit residential buildings fronting onto Finch Avenue east of Willowdale Avenue. The maximum density permitted by the CFR-1 designation for sites with a frontage of less than 30 metres is 1.0 FSI.

Zoning By-law:

The site is zoned One-Family Detached Dwellings, Sixth Density Zone (R6), which permits single detached dwellings.

There have been seven similar applications for semi-detached dwellings in the Central Finch Area from Willowdale Avenue to Bayview Avenue. These applications include those listed in Appendix 1 to this report, and two recent applications: UDZ-98-26 (162 Finch Avenue East) and UDZ-98-27 (204 Finch Avenue East). Council has approved three of the applications to date. In October 1997, zoning exception RM2 (19) was created in the context of the application for a semi-detached dwelling at 142 Finch Avenue East. This exception (attached as Appendix 2) is intended to apply to semi-detached and duplex dwelling redevelopment within the Central Finch area, with provisions set out for maximum for gross floor area, building height, and lot coverage; and minimums for lot frontage, yard setbacks and parking. It is likely that additional applications for semi-detached dwellings will be received for lands in the Central Finch Area which would also be evaluated against the standards of the RM2(19) exception zone.

Other Department Comments:

The Transportation Services Division of the Works and Emergency Services Department has indicated that they have no objection to the proposal provided the driveway is designed as a mutual driveway with a maximum combined curb cut of 6.0 metres, and the conveyance of a widening of 4.8 metres. Their comments are attached as Schedule "E".

The comments of the Works and Emergency Services Department are attached as Schedule "F".

The Public Health Division has indicated that there are no outstanding Public Health requirements pertaining to the soils on the site. Their comments are attached as Schedule "H".

The Parks and Recreation Planning Branch of the Economic Development, Culture and Tourism Department has indicated that they have no parkland dedication requirement with respect to this application. Their comments are attached as Schedule "I ".

Community Consultation:

A community consultation meeting was not required for this application. Any community issues will be addressed through the statutory public meeting of the Community Council.

Discussion:

Planning Issues:

Land Use and Density:

The proposed development meets the land use and density objectives of the Central Finch Secondary Plan.

Building Height:

The Central Finch Plan and the RM2 (19) zoning exception require an overall building height of the lesser of three storeys or 10 metres, and requires that the height of any building shall not exceed 70 percent of the horizontal distance separating the new building from the nearest stable residential property line. With a proposed height of 3 storeys and 10.6 metres, and a rear yard setback of 22.9 metres (75 feet), the proposal falls within the angular plane policies of the secondary plan, but exceeds the maximum building height. The proposed height of 10.6 metres is not necessary since this is new construction and the design of the building can be appropriately revised to reduce the height in compliance with the Official Plan policy and RM6 (19) zoning standards.

Gross Floor Area:

The RM2 (19) provisions limit gross floor area to 521 m². This proposal is for a semi-detached dwelling with a gross floor area of 626 m². This represents a density of 0.93 FSI (prior to the road conveyance) which is within the secondary plan policy of a maximum density of 1.0 FSI.

Front Yard Setback:

The applicant has proposed a front yard setback of 2.8 metres. This would not provide sufficient room to park a vehicle in the driveway beyond the Finch Avenue road allowance as widened. The RM2 (19) standards require a minimum of two parking spaces per dwelling unit, and the general by-law provisions specify that a parking space have a minimum length of 5.5 metres. It is recommended that the proposed dwelling be required to be set back 24 metres from the centre line of Finch Avenue in accordance with the RM2 (19) standards, which will provide for a 6 metre front yard setback and a parking space in the front yard. The lot is sufficiently deep to allow the dwelling to be set back the full 24 metres, resulting in a rear yard of approximately 19 metres, while still meeting the angular plane provision.

Lot Frontage:

With a design modification to building height (reduced from 10.6 metres to 10 metres), and a revised front yard setback, the subject property can meet the RM2 (19) provisions, with the exceptions of maximum gross floor area and minimum lot frontage. With these exceptions, the applicant is proposing zoning standards which are consistent with those permitted and proposed for recent semi-detached dwelling developments in the Central Finch Area (see Appendix 1).

Urban Design:

In order to ensure that the site plan and landscape treatment along Finch Avenue is implemented in accordance with the provisions of the Central Finch Secondary Plan, it is appropriate to have the applicant submit a landscape plan to the satisfaction of the Director, Community Planning, North District, prior to the issuance of a building permit. This plan will also reflect the required Finch Avenue conveyance, and should ensure the preservation of existing trees on the site as far as possible.

Conclusions:

The proposal to permit a semi-detached dwelling on this site is consistent with the intent of the Central Finch Secondary Plan and is recommended for approval.

Contact Name:

Ruth Lambe, Senior Planner

Telephone: (416) 395-7110Fax: (416) 395-7155

________

No individuals appeared before the North York Community Council in connection with the foregoing matter.

(A copy of the Schedules and Appendices referred to in the foregoing report is on filed in the office of the City Clerk, North York Civic Centre.)