Item - 2010.PG40.10

That Recommendation 1 contained in the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning [PG 40.10c] be amended by adding the following:

"including in the Zoning By-law the prohibition for charging for visitor parking in all residential and residential apartment zones."

That City Council adopt the following recommendations contained in the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning [PG40.10c], as amended by Council's further amendments:

1.         City Council enact the proposed City-wide Zoning By-law substantially in the form attached as Attachment 1 to the report dated August 5, 2010, as amended by the modifications set out in Attachment 1, entitled "Requested By-law Modifications" attached to the report dated August 16, 2010, from the Chief Planner and Executive Director, City Planning, and as further amended by the modifications set out in Attachment 1, entitled “By-law Modifications Requested at the Public Meeting held before the Planning and Growth Management Committee” attached to the report dated August 23, 2010, from the Chief Planner and Executive Director, City Planning.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft City-wide Zoning By-law as may be required.

3.         City Council determine that no further notice is to be given in respect of the proposed by-law.

That Recommendation 1 contained in the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning [PG 40.10c] be amended by adding the following:

"amending Chapter 900 of the Zoning By-law as follows (for the Kingsway Park West area in the current Etobicoke preservative bylaw 1993-107):

            THAT Exception RD 38 be amended adding to the end of Clause (A) the phrase 'up to a maximum floor space index of 0.5', so that (A) will read as follows:

            'the maximum gross floor area on a lot, plus the floor area of an attached or detached garage, is 125 square metres, plus 25% of the lot area, up to a maximum floor space index of 0.5; and' ".

That Recommendation 1 contained in the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning [PG 40.10c] be amended by adding the following:

"amending Chapter 900 of the Zoning By-law as follows (for the Kingsway Park East area in the current Etobicoke preservative bylaw 1993-108):

            THAT Exception RD 35 be amended adding to the end of Clause (A) the phrase 'up to a maximum floor space index of 0.5', so that (A) will read as follows:

            'the maximum gross floor area on a lot, plus the floor area of an attached or detached garage, is 150 square metres, plus 25% of the lot area, up to a maximum floor space index of 0.5; and' ".

That Recommendation 1 contained in the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning [PG 40.10c] be amended by adding the following:

"amending Chapter 900 of the Zoning By-law as follows (for the Kingsway Park South area in the current Etobicoke preservative bylaw 1993-109):

            THAT Exception RD 42 be amended adding to the end of Clause (A) the phrase 'up to a maximum floor space index of 0.5', so that (A) will read as follows:

            'the maximum gross floor area on a lot, plus the floor area of an attached or detached garage, is 118 square metres, plus 25% of the lot area, up to a maximum floor space index of 0.5; and' ".

That Recommendation 1 contained in the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning [PG 40.10c] be amended by adding the following:

"making such amendments to the Zoning By-law as are necessary to add the following principal conditional use to Regulation 5.10.20.20 (1):

            Municipally Owned Public Parking Uses (5)".

That:

1.         City Council approve in principle Recommendation 1i of Attachment 1 to the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning, pertaining to Day Nurseries.

2.         City Council request the Chief Planner and Executive Director, City Planning, to report further on matters set out in Recommendation 1i of Attachment 1 to the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning, pertaining to Day Nurseries, the report to address standards for daycare centres of various sizes.

That:

1.         Recommendation 1 contained in the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning [PG 40.10c] be amended by deleting Committee Recommendation 1i pertaining to Day Nurseries.

2.         City Council approve in principle, as-of-right permission for Day Nurseries in the R zone.

3.         City Council request the Chief Planner and Executive Director, City Planning to submit a further report to the Planning and Growth Management Committee that addresses standards for the location of Day Nurseries of various sizes in the R zone.

That City Council direct:

1.         the Chief Planner and Executive Director, City Planning, to give priority to applications for variances made prior to the enactment of the new Zoning By-law; and

2.         the Committee of Adjustment to waive the Committee of Adjustment fees for such applications.

That consideration of the Harmonized Zoning By-law in its entirety be deferred and staff be directed to continue to consult with stakeholders on the various issues raised and issue a new Notice of a Statutory Meeting and a revised Harmonized Zoning By-law early in 2011, such revisions to include a clear implementation mechanism and timing for transition and continuity of all existing approvals.

That:

1.         City Council instruct the Chief Planner and Executive Director of City Planning to:

a.         Examine the Neighbourhood policies within the Official Plan as part of the five-year review to ensure that the Official Plan contains policies to protect the character of a residential streetscape, particularly the size, location, and arrangement of garages and vehicle parking spaces on lots within a Neighbourhood, to ensure that the streetscape is protected and enhanced during the redevelopment of properties within Neigbourhoods.

b.         Revise the draft City-Wide Zoning By-law to ensure that performance standards relating to the size, location, and arrangement of garages and vehicle parking on lots within a Neighbourhood do not detract from the predominant character of the streetscape within Neighbourhoods.

That Regulation 150.45.20 be amended to add the following:

(2)        Day Nursery – Permitted in a Detached House or Semi-Detached House in the R Zone

In Addition to 150.45.20 (1), in the R zone, a day nursery may be located in a building originally constructed as a detached house or a semi-detached house if:

a.         the day nursery occupies the entire building; or

b.         the day nursery is together with a dwelling unit that is the principal residence of the day nursery operator.

That the draft Zoning By-law be amended as follows:

1.         That a salvage yard be deleted as a permitted use in EH zones.

2.         That the Keele Street-Ingram Drive industrial employment zones exclude EH zones.

3.         That the Employment Industrial zones delete the provision that a waste transfer station be permitted within 70 metres of a residential zone category.

4.         That the expansion of a permitted accessory use to a principal use that is not a permitted use, be subject to a Committee of Adjustment application or a rezoning on the basis of an expansion of a legal non conforming use.

5.         That fencing that abuts a public road not include a retaining wall for site plan screening purposes.

6.         That obnoxious industrial uses not be permitted as of right in industrial employment zones.

The following part of the motion was withdrawn:

That open storage and operations not be permitted within the minimum front yard setbacks in the employment industrial zones.

That the draft by-law be amended as follows:

1.         Revise Section 900.43.10 (3) Exception 3 of the Open Space Golf Course zone regarding Rosedale Golf Course by amending Clause C to read as follows:

(C)       an existing building may be replaced, expanded or altered if the replacement, expansion or alteration does not penetrate the three dimensional envelope of the existing building (as defined by the height, length and width of the existing building) in a location which would otherwise not be permitted by this By-law.

2.         Revise Section 900.43.10 (3) Exception 3 of the Open Space Golf Course zone regarding Rosedale Golf Course by adding the following clause:

(D)       the minimum required number of parking spaces is the actual number of parking spaces on the date of the enactment of this By-law.”

So that the section would read as follows:

“OG (x3)

The lands subject to this exception shall comply with the following in regard to any replacement, addition, extension or alteration of any buildings or structures existing on the date of enactment of this by-law:

(A)       despite 90.40.20.100 (2), the total combined interior floor area of a take-out restaurant, retail store, personal service shop, or a service shop that lawfully existed on the date of the enactment of this By-law is the maximum total combined interior floor area permitted for those uses;

(B)       despite 90.40.20.100 (4), the distance between a lot in a Residential Zone category and an outdoor patio existing on the date of the enactment of this By-law is the minimum required distance between that lot and that existing outdoor patio;

(C)       an existing building may be replaced, expanded or altered if the replacement, expansion or alteration does not penetrate the three dimensional envelope of the existing building (as defined by the height, length and width of the existing building) in a location which would otherwise not be permitted by this By-law.

(D)       the minimum required number of parking spaces is the actual number of parking spaces on the date of the enactment of this By-law provided that if there is an increase in gross floor area additional parking be provided in accordance with this By-law.”

That the draft by-law be amended as follows:

Motion to provide certainty that the maximum number of units in an RD zone is 1.

1.         in an RD zone, the maximum designation for the unit parameter is “u1” and it be specifically identified in the residential zone string as “u1” and that the by-law be amended as required.

Motion to provide certainty that the x parameter is defined in the Regulations Applying to the Residential Zone Category

2.         section 10.5.1.10(2) be amended by the addition of the following point (F)

“(F) the letter ‘x’, with an associated numerical value, indicates the specific regulations for the lot or area in that zone found in Chapters 900 , 950 and 955.”

Motion to clarify the definition of secondary suites to be a single second suite.

3.         section 800.50(705) be amended so that it reads “Secondary Suite means one dwelling unit that is an ancillary second unit to a principal dwelling unit”;

4.         Add a definition for “Ancillary Unit” and make appropriate changes to section 150.10.20 by moving 150.10.20(3) as a condition for an ancillary unit.

Motion to clarify the status of properties removed from the Zoning By-law

5.         on the Zoning Map, where properties and/or areas are identified as “Not Part of this By-law”, those properties and areas remain subject to the provisions of the previously applicable zoning by-law(s) and that those by-laws be identified on the Zoning Map.

6.         staff be directed to make the appropriate changes in the Zoning by-law to ensure that the addition of a secondary suite within a basement or ancillary building is always included in the measure of gross floor area and subject to FSI limits.

Motion to Protect Privacy relating to balconies

7.         Section 10.20.40.50(1) be amended by adding point C:  “(C) no deck or balcony on the side or front of a house may protrude beyond the exterior of the wall.”

Motion to limit Platform Encroachment into the front yard

8.         Section 10.5.40.60(3) (A) be amended by adding point (iv):  “(iv) no part of any exterior stairs may extend beyond 2.5 meters from the front wall.”

Motion to clarify rear additions in Residential Zones controlled by FSI

9.         Section 10.20.40.40(2) be amended by adding the words “and the building with the rear addition complies with all regulations within the Zoning By-law.”

Motion to improve provisions with respect to window projections into Side Yards

10.       staff be directed to amend Section 10.5.40.60(6) (B) with a provision reflecting the current window-to-window separation requirements in By-law 438-86.

That the draft by-law be amended as follows:

The front yard setback of the properties listed below be properly identified in the new Zoning-By-law as RD(f21,a975)(x70) or whichever identification that translates as close as possible to the R2 zone in North York By-law 7625:

Gerald Street

East side - #s 63, 77, 81, 83, 85, 87 and 89 (formerly 47 Northdale)

West side - #s 76, 78, 88, 92

Northdale Road

North side - #s 58, 60, 62, 64, 66, 68, 70, 72, 74, 86 and 88

Truman Road

#s 32 and 55

Summary:

City Zoning By-law staff advise that the minimum front yard setback requirements in Section 7.3.3 of the existing North York zoning by-law were replicated in the new Zoning By-law.  The boundary of the exception zones were applied to the original Registered Plan lots fronting on Truman Road during the re-mapping of the zones.  Several properties on Truman and Gerald were not in the list of addresses in Section 7.3.3.  City Zoning Staff state that it would be appropriate to identify them as RD(f21,a975)(x70).

Properties on the north side of Northdale Road also have shallow lots and I ask that they be included in the above exceptions.

That the draft Zoning By-law be amended as follows:

1.         amend 10.10.40.50 (2) and 10.20.40.50.2 BY adding after the words “former City of Toronto zoning by-law” in each clause the following “438-86" so that ach  clause would read “former City of Toronto zoning by-law 438-86.”.

2.         Amend 10.10.40.40 (2) so that it reads:

If a lot in an R zone has a maximum floor space index of 0.6, and contains a detached house, a semi-detached house, a detached house or a duplex, erected before October 15, 1953, the detached house, semi-detached house or duplex may be enlarged to the rear of the building if:

(A)       the overall floor space index for the lot, including the addition, does not exceed a total of 0.69;

(B)       any prior addition is at least 5 years old; and

(C)       that no part of the addition is closer to the nearest side lot line than the shortest distance by which the side wall of the existing building is from the side lot line.

3.         Additions to the Rear of Certain Residential Buildings

If a lot in an RD zone has a maximum floor space index of 0.6 and is not subject to a maximum lot coverage requirement, and the lot contains a detached house erected before October 15, 1953, the detached house may be enlarged to the rear of the building if:

(A)       the overall floor space index for the lot, including the addition, does not exceed a total of 0.69;

(B)       all finished floor levels within the addition are no higher than the uppermost floor level in the existing building;

(C)       any prior addition is at least 5 years old; and

(D)       that no part of the addition is closer to the nearest side lot line than the shortest distance by which the side wall of the existing building is from the side lot line.

4.         That the R1S areas of Swansea (presently shown as R(u2)) in the draft by-law be designated RS with the exception of the Swansea Town Hall and Swansea Town Hall Residences which came into existence after 1973 and should be carved out and designated R.

That the draft Zoning By-law be amended as follows:

Secondary Suites

1.         Amend 800.50 (705)

             Secondary Suite means a second dwelling unit that is ancillary to a principal dwelling unit.

2.         Add a new definition

Ancillary Unit  means a dwelling unit that is ancillary to a principal dwelling unit.

3.         Amend 150.10.20 Use Regulations

(3)        Secondary Suite –Number permitted in an R Zone with a numerical value of 2 following the letter ‘u’ in the zone label, a residential building originally constructed as a detached house, semi-detached house may have a maximum of one secondary suite.

4.         Amend 150.10.40.40 Floor Area

delete (2)

5.         With the necessary changes incorporate the conditions related to secondary suites for “ancillary unit” mutatis mutandis with the appropriate numbering changes:

150.10.1 change “secondary suite” to read “ancillary unit”.

150.10.1 apply (3) and (4) and change “secondary suite” to read “ancillary unit”.

150.10.40.1 change from “secondary suite” to read “ancillary unit” where applicable.

150.10.40.40 change from “secondary suite” to read “ancillary unit” where applicable.

That the Chief Planner and Executive Director be requested to: 

1.         clarify language about the status of existing approvals attained through the Committee of Adjustment and site specific by-laws or rezonings;

2.         make clear that student housing is a permitted use in institutionally zoned land.

That the draft Zoning By-law be amended as follows:

1.         Section 150.80.20 be amended

(6)        Stacking Aisle Location in

In a CR Zone, if a corner lot contains in one building a vehicle fuel station and a drive-through facility, the drive through facility stacking aisle may be located in a side yard between the building and one of the two streets, if:

(A)       the drive through facility stacking aisle is not located between the building and the other street; and

(B)       the drive through facility complies with all other applicable requirements of this By-law.

2.         That the by-law be changed such that the 30 metre set back requirement is to the ‘order box location’, rather than the start of the stacking aisle, such that Section 150.80.40 (1) be amended as follows:

The location of the drive through facility order box is to be a minimum of 30.0 metres from any lot in a Residential Zone category, Residential Apartment Zone category; Commercial Residential Zone category or Commercial Residential Employment Zone Category.

1.         The Chief Planner and Executive Director and Planning Staff be directed to make such amendments to the proposed zoning by-law as are necessary to:

a.         recognize lots, characteristics of the development of such lots, buildings and structures, in the Employment Industrial Zone category, that are lawfully existing on the date of passage of the By-law and do not comply with the regulatory standards of this By-law, as the applicable zoning by-law standard.

b.         allow for expansions, alterations and additions to buildings and structures that fall into the category of lawfully existing buildings and structures in 1 a), provided the expansions, alterations and additions to the buildings and structures shall not increase the non-compliance with the By-law.

2.         The Chief Planner and Executive Director of City Planning be directed to work jointly with the General Manager of Economic Development and Culture to examine Employment Areas policies in the review of the Official Plan with a view to planning for protecting preserving and promoting the development of employment lands.

3.         The Chief Planner and Executive Director of City Planning be directed to report back to the Planning and Growth Management Committee on:

a.         the recommended Official Plan modifications resulting from the Official Plan review of Employment Areas;

b.         the recommended changes required to Chapter 60  of the proposed zoning by-law to maintain compliance with the proposed Official Plan amendments and to address comments received from interested parties; and

c.         the recommended process that will be undertaken by City staff to ensure that owners of lands that are not included in the proposed zoning by-law (“holes” and all neighbouring land owners to such lands are consulted on any proposed zoning changes prior to staff recommending zoning by-laws changes.

4.         Direct the Chief Planner and Executive Director of City Planning to modify the proposed zoning by-law to:

a.         include the following provision in Chapter 2, as found in the Scarborough Employment District Zoning By-law 24982, Clause III, paragraph 11:

“All minor variances in effect prior to the enactment of this By-law shall continue to apply and remain in force.”