Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE:

EFFECTIVE DATE:

September 20, 2022

September 16, 2022

CASE NO.:

OLT-22-002467

(Formerly PL180017)

PROCEEDING COMMENDED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant(s)/Appellant(s):

Medallion Developments (Castlefields) Limited

Subject:

Request to amend the Official Plan - Failure of the Town of Ajax to adopt the requested amendment

Property Address/Description:

Northeast corner of Rossland Road East and

Audley Road North

Municipality:

Town of Ajax

Municipal File No.:

OPA17-A1

OLT Case No.:

Legacy Case No.:

OLT-22-002467

PL180017

OLT File No.:

Legacy File No.:

OLT-22-002467

PL180017

OLT Case Name:

Medallion Developments (Castlefields) Limited v. Ajax (Town)

PROCEEDING COMMENDED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant(s)/Appellant(s):

Medallion Developments (Castlefields) Limited

Subject:

Application to amend Zoning By-law No. 95-2003 - Refusal or neglect of the Town of Ajax to make a decision

Property Address/Description:

Northeast corner of Rossland Road East and

Audley Road North

Municipality:

Town of Ajax

Municipal File No.:

Z1/17

OLT Case No.:

Legacy Case No.:

OLT-22-002467

PL180017

OLT File No.:

OLT-22-002469

Legacy File No.:

PL180018

OLT Case Name:

Medallion Developments (Castlefields) Limited v. Ajax (Town)

BEFORE:

C. HARDY & B. RAJAEE

MEMBER

Friday, 16^th

day of September, 2022

THESE MATTERS having come on for a public hearing before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision on May 31, 2022 and determining that the appeals under subsections 22(7) and 34(11) of the Planning Act (the “Appeals”) should be allowed in part, and that the Official Plan Amendment and Zoning By-law Amendment should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the Town Solicitor that such conditions have been fulfilled;

THE TRIBUNAL HAVING BEEN ADVISED that the above-noted matters in the Decision of the Tribunal have been completed to the satisfaction of the Town of Ajax prior to the issuance of a final Order regarding the Official Plan Amendment and Zoning By-law Amendment.

THE TRIBUNAL ORDERS that the Appeals are allowed, in part, and the Town of Ajax Official Plan is hereby amended in the manner set out in Attachment “1” to this Order, and the Zoning By-law No. 95-2003, as amended, is hereby amended in the manner set out in Attachment “2” of this Order. The Tribunal authorizes the municipal clerk to format the By-laws in Attachment “1” and “2”, as may be necessary, for record keeping purposes.

THE TRIBUNAL ORDERS that, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of Friday, September 16, 2022, by which date the Tribunal received, considered and determined the request for the Final Order in this proceeding.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER XX- 2022

A By-law to adopt Amendment No. 66 to the Official Plan for the Town of Ajax.

The area subject to this amendment is located between Rossland Road East and Carberry Crescent, Mansbridge Crescent, Styles Crescent, and Whitlock Crescent, from the Carruthers Creek tributary to Audley Road North;

AND WHEREAS, an Ontario Land Tribunal hearing was held pursuant to the Planning Act in respect of an appeal from a non-decision in respect of an application for an amendment to the Town of Ajax Official Plan;

AND WHEREAS, the Ontario Land Tribunal deems it appropriate to approve an amendment to the Town of Ajax Official Plan;

NOW THEREFORE, the Ontario Land Tribunal Orders:

That the Amendment to the Official Plan of the Town of Ajax attached to this Order as Attachment “A”, is hereby approved as Amendment No. 66.

That this by-law shall come into force and take effect from and after the final passing hereof.

READ a first and second time this day of 2022.

READ a third time this day of 2022.

__________­­­ Mayor

Deputy Clerk

Amendment No. 66 to the Town of Ajax Official Plan

1. Purpose

The purpose of this amendment is to allow for an overall development consisting of one 15-storey residential apartment building, three 8-storey residential apartment buildings, one 8 storey mixed use apartment building, fifty-three block townhouse dwellings and a municipal neighbourhood park by:

a) establishing site specific permissions in the ‘High Density Residential’ designation by:

i. increasing the maximum permitted residential density;

ii. permitting high rise apartment and block townhouse dwelling built forms; and

iii. permitting a minimum building height of 3 storeys; and

b) establishing site specific permissions in the ‘Medium Density Residential’ designation by:

i. increasing the maximum permitted residential density;

ii. permitting mid-rise apartment and block townhouse dwelling built forms; and

iii. re-designating a portion of the subject lands to Open Space.

2. Location

The lands subject to this amendment are located between Rossland Road East and Carberry Crescent, Mansbridge Crescent, Styles Crescent, and Whitlock Crescent, from the Carruthers Creek tributary to Audley Road North, legally described as Parts 1, 2 and 3 on Registered Plan 40R-21195, Concession 3, Part of Lots 3 and 4 on Registered Plan 40M-2174, and Concession 3 South Part Lot 3 Now Parts 1, 2 and 3 on Registered Plan 40R-19840, as shown on Schedule “A” to this By-law.

3. Basis

The subject lands are designated High Density Residential and Medium Density Residential on Schedule ‘A-1’ and are subject to Area Specific Policy 6.2 as identified on Schedule ‘G’ within the Town of Ajax Official Plan.

The lands within Area Specific Policy 6.2 are generally bounded by Taunton Road to the north, Audley Road to the east, Kingston Road to the south, top-of-bank of the Carruthers Creek to the west, and then by the CP rail line as it proceeds westerly and northerly to meet Taunton Road (formerly known as the A8 Planning Area). Area Specific Policy 6.2 provides direction on, but not limited to, the following: permitted housing types in the Low Density, Medium Density and High Density Designations; mitigation measures to reduce adverse effects of High Density Residential development in close proximity to development within a Low Density or Medium Density Residential designation; location of off-street parking areas for multiple-unit residential housing forms; stormwater management; and schools.

The proposed development of the subject lands consists of 1,304 residential dwelling units within a 15-storey apartment building (Block A), three 8-storey apartment buildings (Blocks B, C and D), one 8-storey mixed-use apartment building (Block E) with approximately 950 m² ground level commercial space, and 53 townhouse dwellings. The future development would also include a 0.96 hectare park block.

The 0.96 hectare park block and the other community benefits specifically identified in the associated amendment to Town of Ajax Zoning By-law No. 95-2003 for the proposed development on the subject lands reflects all contributions required pursuant to the Town of Ajax Official Plan, section 37.1 of the Planning Act and all parkland contributions under the Planning Act.

Notwithstanding any potential or future change to the Town of Ajax parkland contribution by-law, the Town of Ajax shall not request nor accept any further contributions or conveyances for community benefits and/or parkland in respect of the proposed development on the lands subject to this amendment save and except if the proposed development is modified in the future to further increase its density, in which case the owner of the subject lands and the Town of Ajax agree that any additional contribution(s) shall be based solely on the increase between the proposed development contemplated by this amendment and the increase in density proposed.

Notwithstanding the previous paragraph, if the proposed development is modified in the future to further increase its density, further contributions may be required provided they are commensurate with the increase between the proposed development contemplated by this amendment and the increase in density proposed.

The amendment meets the review criteria for amendments to the Official Plan under Section 7.2.2 of the Town of Ajax (Town) Official Plan by conforming to municipal goals and objectives of the Official Plan; contributing to the overall urban structure of the Town; being compatible with adjacent land uses; and being supported by infrastructure to service the development.

Studies and Reports that were completed to support this amendment were:

• Planning Rationale Report

(prepared by Candevcon Limited)

• Transportation Impact Study

(prepared by LEA Consulting Ltd.)

• Functional Servicing and Stormwater Management Report

(prepared by Candevcon Limited)

• Noise Feasibility Study

(prepared by HGC Engineering)

• Stage 2 Archaeological Assessment

(prepared by Archaeological Services Inc.)

• Stage I-III Archaeological / Heritage Assessment

(prepared by Sernas Associates)

• Arborist Report – Construction/Tree Protection

(prepared by Central Tree Care Ltd.)

• Shadow Study

(prepared by IBI Group Architects)

• Urban Design Brief

(prepared by IBI Group Architects, Land Art Design, and Medallion Developments Inc.)

• Agricultural Assessment and Minimum Distance Separation Calculation

(prepared by Candevcon Limited)

• Site Screening Questionnaire

(prepared by Golder Associates Ltd.)

4. Actual Amendment

a) That Section 6.2 ‘Lands Bounded on the north by Taunton Road, on the east by Audley Road, on the south by Kingston Road, and on the west by the approximate top-of-bank of Carruthers Creek and then by the CP rail line as it proceeds westerly and northerly to meet Taunton Road (formerly known as the A8 Planning Area)’ is hereby amended by adding a new subsection, which reads as follows:

“v) Notwithstanding Subsection 6.2 b), ‘mid-rise apartments’ and ‘multiple attached dwellings / block townhouses’ are permitted on lands designated Medium Density Residential located between Rossland Road East, Audley Road North, Whitlock Crescent, Styles Crescent, Mansbridge Crescent, and Rushworth Drive (referred to as Blocks B, C, D and E).

Notwithstanding Subsection 6.2 b), ‘high-rise apartments’ and ‘multiple attached dwellings / block townhouses’ are permitted on lands designated High Density Residential located between Rossland Road East, Rushworth Drive, Carberry Crescent and the Carruthers Creek (referred to as Block A).

Notwithstanding Subsection 3.1.4 a) and Subsection 6.2 c), for lands designated Medium Density Residential located between Rossland Road East, Rushworth Drive, Mansbridge Crescents and the park block (referred to as Block B), a maximum density of 318 units per net hectare shall be permitted.

Notwithstanding Subsection 3.1.4 a) and Subsection 6.2 c), for lands designated Medium Density Residential located between Rossland Road East, Hilton Gate, Whitlock Crescent, and to an east limit of approximately 102 metres measured from the east side of the Hilton Gate right-of-way (referred to as Block C), a maximum density of 327 units per net hectare shall be permitted.

Notwithstanding Subsection 3.1.4 a) and Subsection 6.2 c), for lands designated Medium Density Residential located between Rossland Road East, Whitlock Crescent, an east limit of approximately 108 metres measured from the west side of the Audley Road North right-of-way that then runs east to meet the west interior side lot line of 41 Whitlock Crescent approximately 3.7 metres north measured from the rear lot line, and west limit of approximately 102 metres measured from the east side of the Hilton Gate right-of-way (referred to as Block D), a maximum density of 314 units per net hectare shall be permitted.

Notwithstanding Subsection 3.1.4 a) and Subsection 6.2 c), for lands designated Medium Density Residential located between Rossland Road East, Audley Road North, the rear of lots that contain semi-detached dwellings that front onto Whitlock Crescent, and to a west limit of approximately 108 metres measured from the west side of the Audley Road North right-of-way (referred to as Block E), a maximum density of 350 units per net hectare shall be permitted.

Notwithstanding Section 3.1.5 a) and Subsection 6.2 c), for lands designated High Density Residential located between Rossland Road East, Rushworth Drive, Carberry Crescent and the Carruthers Creek (referred to as Block A), a maximum density of 650 units per net hectare shall be permitted.

Notwithstanding Section 3.1.5 b) for lands designated High Density Residential located between Rossland Road East, Rushworth Drive, Carberry Crescent and the Carruthers Creek (referred to as Block A), dwelling units and buildings shall generally be between a minimum of 3 storeys and a maximum of 15 storeys. Exceptions to the maximum height limitation may be permitted in order to address topography and/or site grading matters.

In addition to the policies in Section 3.1.7 (Convenience Commercial Centre/Stores), for lands designated Medium Density Residential located between Rossland Road East, Audley Road North, the rear of lots that contain semi-detached dwellings that front onto Whitlock Crescent, and to a west limit of approximately 108 metres measured from the west side of the Audley Road North right-of-way (referred to as Block E), an individual retail or personal service use may have a gross leasable floor area greater than 250 square metres.

b) That Schedule A-1 (Land Use) is hereby amended as follows and as illustrated on Schedule ‘B’ attached hereto:

Re-designate a portion of the lands designated ‘Medium Density Residential’ to ‘Open Space’.

c) Schedule B (Environment) is hereby amended as follows and as illustrated on Schedule ‘C’ attached hereto:

Adding a Neighburhood Park symbol located northwest and adjacent to the current intersection of Rossland Road East and Hilton Gate and delineate the ‘Open Space’.

5. Implementation

The provisions set forth in the Town of Ajax Official Plan, regarding the implementation of the Plan, shall apply to this Amendment.

6. Interpretation

The provisions set forth in the Ajax Official Plan that are not otherwise in conflict with this Amendment shall continue to apply.

Schedule ‘A’

Lands Affected by Amendment No. 66

To The Town of Ajax Official Plan

Schedule ‘B’

To Amendment No. 66

To The Town of Ajax Official Plan

TOWN OF AJAX OFFICIAL PLAN EXCERPT

SCHEDULE ‘A-1’- LAND USE

Schedule ‘C’

To Amendment No. 66

To The Town of Ajax Official Plan

TOWN OF AJAX OFFICIAL PLAN EXCERPT

SCHEDULE ‘B’- ENVIRONMENT

ATTACHMENT 2

THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER XX-2022

A By-law to amend By-law No. 95-2003, as amended.

WHEREAS, the Ontario Land Tribunal deems it appropriate to pass an implementing Zoning By-law to regulate the future development of the subject lands described as Parts 1, 2 and 3 on Registered Plan 40R-21195, Concession 3, Part of Lots 3 and 4 on Registered Plan 40M-2174, and Concession 3 South Part Lot 3 Now Parts 1, 2 and 3 on Registered Plan 40R-19840 identified on Schedule ‘A’ to this By-law;

AND WHEREAS, pursuant to Section 37 of the Planning Act, a By-law passed under Section 34 of the Planning Act may authorize increases in the height or density of development beyond that otherwise permitted by the by-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law;

AND WHEREAS subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, a municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters;

AND WHEREAS the owner of the lands known at the date of this By-law as Medallion Developments (Castlefields) Limited has elected to provide the facilities, services or matters as are set out in this By-law;

NOW THEREFORE, the Ontario Land Tribunal enacts as follows:

1. THAT the Zone Schedule, specifically Map 59, attached to and forming part of Zoning By-law No. 95-2003, as amended, is hereby further amended by rezoning the subject lands from “Residential Multiple Six Zone, with Exception 76 (RM6, Exception 76)” and " Neighbourhood Commercial Zone, with Exception 76 (NC, Exception 76)" to “Residential Multiple Six Zone, Holding (‘H’) Provision, with Exception 76 [RM6(H), Exception 76]” and “Open Space Zone, with Exception 76 (OS, Exception 76)", as indicated on the attached Schedule ‘B’ of this By-law.

2. THAT Exception 76, under Section 7.1.1, List of Exceptions, of By-law No. 95-2003, as amended, is hereby further amended as follows:

a) By deleting “NC” and “RM6” and adding “RM6(H)” under the “Zoning” reference header such that it appears as follows “EP, I-A, R1-D, R1-E, R2-B, RM6(H), OS” ;

b) By adding By-law No. XX-2022 in the “By-law” reference header, such that it appears after and in conjunction with “50-2003”;

c) By adding “OPA17-A1” and “Z1/17” under the “File Reference” reference header such that it appears after and in conjunction with “Z1/99”;

d) By deleting bullet “v) Other: b)” and “v) Other: c)”, including sub-bullets “i) through to vi)” and adding the following new bullet and sub-bullets, such that it appears after bullet “v) Other: a)”:

b)

For lands located between Rossland Road East and Carberry Crescent, Mansbridge Crescent, Styles Crescent, and Whitlock Crescent, from the Carruthers Creek tributary to Audley Road North, zoned Residential Multiple Six, Holding (‘H’) Provision [RM6(H)] the following shall apply for the Blocks referenced below and illustrated in Schedule ‘C’:

i)

Blocks A to E:

a)

Prior to the widening of Rossland Road East to a 4-lane urban cross-section, from Salem Road North to Lake Ridge Road North, only a total of 357 residential dwelling units on the subject lands may be occupied.

ii)

Block A:

a)

Permitted Uses:

i)

Dwelling, Apartment

ii)

Dwelling, Multiple Attached

b)

Development Standards for Dwelling, Apartment:

i)

Maximum Height:

15 storeys

ii)

Minimum Setback from the South Property Line (Rossland Road East):

3.0 m

iii)

Minimum Setback from the North Property Line (Carberry Crescent):

25.0 m

iv)

Minimum Setback from the East Property Line (Rushworth Drive):

3.0 m

v)

Minimum Setback from the West Property Line (adjacent to the stormwater management pond):

3.0 m

c)

Development Standards for Dwelling, Multiple Attached:

i)

Minimum Height:

3 storeys

ii)

Minimum Setback from the South Property Line (Rossland Road East):

60 m

iii)

Minimum Setback from the North Property Line (Carberry Crescent):

2.5 m

iv)

Minimum Setback from the East Property Line (Rushworth Drive):

2.0 m

v)

Minimum Setback from the West Property Line (adjacent to the stormwater management pond):

2.0 m

d)

Other:

i)

Maximum Residential Density (Units Per Net Hectare):

650

ii)

Maximum Lot Coverage:

56%

iii)

Minimum Required Parking (Residential):

1.0 space per dwelling unit for the exclusive use of residents

0.2 spaces per dwelling unit for the exclusive use of visitors

iv)

Minimum Setback from a Below Grade Parking Structure to all Lot Lines:

0.0 m

v)

Minimum Setback from an Access Ramp to a Below Grade Parking Structure to all Lot Lines:

1.0 m

vi)

Apartment buildings shall provide a residential entrance fronting Rossland Road East.

vii)

All Multiple Attached Dwelling units shall be designed as double fronting units where the north and south facing facades present a frontal expression including a front door(s), pedestrian access, and windows. Any fencing in the north and south yards shall be limited to a maximum height of 1.2 metres.

viii)

Vehicular access to all residential units shall only be provided by an internal private road.

ix)

Notwithstanding Section 4.8, the height requirement for Dwelling, Apartment shall not apply to spires, belfries, chimneys, elevator enclosures, or mechanical penthouses occupying in the aggregate less than 45 percent of the area of the roof of the building on which they are located.

x)

Platforms may extend 1.2 metres out from the main building wall, but no closer than 1.2 metres to the North Property Line (Carberry Crescent).

iii)

Block B:

a)

Permitted Uses:

i)

Dwelling, Apartment

ii)

Dwelling, Multiple Attached

b)

Development Standards for Dwelling, Apartment:

i)

Maximum Height:

8 storeys

ii)

Minimum Setback from the South Property Line (Rossland Road East):

3.0 m

iii)

Minimum Setback from the North Property Line (Mansbridge Crescent):

26.0 m

iv)

Minimum Setback from the East Property Line (adjacent to the park block):

3.0 m

v)

Minimum Setback from the West Property Line (Rushworth Drive):

3.0 m

c)

Development Standards for Dwelling, Multiple Attached:

i)

Minimum Setback from the South Property Line (Rossland Road East):

60 m

ii)

Minimum Setback from the North Property Line (Mansbridge Crescent):

2.5 m

iii)

Minimum Setback from the East Property Line (adjacent to the park block):

3.0 m

iv)

Minimum Setback from the West Property Line (Rushworth Drive):

2.0 m

d)

Other:

i)

Maximum Residential Density (Units Per Net Hectare):

318

ii)

Maximum Lot Coverage:

53%

iii)

Minimum Required Parking (Residential):

1.0 space per dwelling unit for the exclusive use of residents

0.2 spaces per dwelling unit for the exclusive use of visitors

iv)

Minimum Setback from a Below Grade Parking Structure to all Lot Lines:

0.0 m

v)

Minimum distance between blocks of Dwelling, Multiple Attached:

11.0 m

vi)

Apartment buildings shall provide a residential entrance fronting Rossland Road East.

vii)

All Multiple Attached Dwelling units shall be designed as double fronting units where the north and south facing facades present a frontal expression including a front door(s), pedestrian access, and windows. Any fencing in the north and south yards shall be limited to a maximum height of 1.2 metres.

viii)

Vehicular access to all residential units shall only be provided by an internal private road.

ix)

Notwithstanding Section 4.8, the height requirement for Dwelling, Apartment shall not apply to spires, belfries, chimneys, elevator enclosures, or mechanical penthouses occupying in the aggregate less than 35 percent of the area of the roof of the building on which they are located.

x)

Platforms may extend 1.2 metres out from the main building wall, but no closer than 1.2 metres to the North Property Line (Mansbridge Crescent).

iv)

Blocks C and D:

a)

Permitted Uses:

i)

Dwelling, Apartment

ii)

Dwelling, Multiple Attached

b)

Development Standards for Dwelling, Apartment:

i)

Maximum Height:

8 storeys

ii)

Minimum Setback from the South Property Line (Rossland Road East):

3.0 m

iii)

Minimum Setback from the North Property Line (Styles Crescent and Whitlock Crescent):

24.0 m

iv)

Minimum Setback from the East Property Line (Audley Road North):

108 m

v)

Minimum Setback from the West Property Line (Hilton Gate):

3.0 m

c)

Development Standards for Dwelling, Multiple Attached:

i)

Minimum Setback from the South Property Line (Rossland Road East):

57 m

ii)

Minimum Setback from the North Property Line (Styles Crescent and Whitlock Crescent):

2.0 m

iii)

Minimum Setback from the East Property Line (Interior Side Lot Line of 41 Whitlock Crescent):

2.0 m

iv)

Minimum Setback from the West Property Line (Hilton Gate):

2.0 m

d)

Other:

i)

Maximum Residential Density (Units Per Net Hectare):

• Block C:

327

• Block D:

314

ii)

Maximum Lot Coverage:

53%

iii)

Minimum Required Parking (Residential):

1.0 space per dwelling unit for the exclusive use of residents

0.2 spaces per dwelling unit for the exclusive use of visitors

iv)

Minimum Setback from a Below Grade Parking Structure to all Lot Lines:

0.0 m

v)

Minimum distance between Dwelling, Apartments:

15.0 m

vi)

Minimum distance between blocks of Dwelling, Multiple Attached:

7.0 m

vii)

Apartment buildings shall provide a residential entrance fronting Rossland Road East.

viii)

All Multiple Attached Dwelling units shall be designed as double fronting units where the north and south facing facades present a frontal expression including a front door(s), pedestrian access, and windows. Any fencing in the north and south yards shall be limited to a maximum height of 1.2 metres.

ix)

Vehicular access to all residential units shall only be provided by an internal private road.

x)

Notwithstanding Section 4.8, the height requirement for Dwelling, Apartment shall not apply to spires, belfries, chimneys, elevator enclosures, or mechanical penthouses occupying in the aggregate less than 25 percent of the area of the roof of the building on which they are located.

xi)

Platforms may extend 1.2 metres out from the main building wall, but no closer than 1.2 metres to the North Property Line (Styles Crescent and Whitlock Crescent).

v)

Block E:

a)

Permitted Uses:

i)

Dwelling, Apartment, provided retail/commercial uses are located at grade

ii)

Ground level retail/commercial uses within a Dwelling, Apartment:

uses permitted in the Neighbourhood Commercial Zone

Restaurant, Retail Store and Medical Clinic

b)

Development Standards for Dwelling, Apartment:

i)

Maximum Height:

8 storeys

ii)

Minimum Setback from the South Property Line (Rossland Road East):

0.5 m

iii)

Minimum Setback from the North Property Line (rear lot line of lots fronting onto Whitlock Crescent):

20 m

iv)

Minimum Setback from the East Property Line (Audley Road North):

0.5 m

v)

Minimum Setback from the West Property Line (Hilton Gate):

187 m

c)

Other:

i)

Maximum Residential Density (Units Per Net Hectare):

350

ii)

Maximum Lot Coverage:

48%

iii)

Minimum Required Parking (Residential):

1.0 space per dwelling unit for the exclusive use of residents

0.2 spaces per dwelling unit for the exclusive use of visitors

iv)

Minimum Required Parking (Retail/Commercial / Non-Residential Uses):

1 parking space per 32 m² of gross floor area

v)

Minimum Gross Floor Area of Retail/Commercial / Non-Residential Uses:

950 m²

vi)

Minimum Setback from a Below Grade Parking Structure to all Lot Lines:

0.0 m

vii)

Dwelling, Apartments shall provide a residential entrance fronting Rossland Road East.

viii)

Retail/Commercial / Non-Residential units shall have entrances fronting Rossland Road East.

ix)

Any building with residential units shall provide a residential entrance fronting Rossland Road East.

x)

Notwithstanding Section 4.8, the height requirement for Dwelling, Apartment shall not apply to spires, belfries, chimneys, elevator enclosures, or mechanical penthouses occupying in the aggregate less than 30 percent of the area of the roof of the building on which they are located.

vi)

Planning Act, Section 37 – Increased Height and Density:

a)

The registered owner of the subject lands shall enter into one or more agreements with the Town pursuant to Section 37 of the Planning Act, in accordance with the provisions of section 4 of By-law No. XX – 2022, no later than September 18, 2022.

d) By renumbering bullet “v) Other: d)” to “v) Other: c)”;

e) By adding the map identifying Blocks in Schedule ‘C’ of this bylaw so that it appears after bullet “v) Other: c)”:

3. THAT the Section 8.1.1, List of Holding Provisions, of By-law No. 95-2003, as amended, is hereby further amended by adding the following:

By-law No.

Property Description

Permitted Use Until Holding Provision Removed

Conditions For Removal

Date Enacted

XX - 2022

Parts 1, 2 and 3 on Registered Plan 40R-21195, Concession 3, Part of Lots 3 and 4 on Registered Plan 40M-2174, and Concession 3 South Part Lot 3 Now Parts 1, 2 and 3 on Registered Plan 40R-19840

Lands between Rossland Road East and Carberry Crescent, Mansbridge Crescent, Styles Crescent, and Whitlock Crescent, from the Carruthers Creek tributary to Audley Road North

Land Owner:

Medallion Developments (Castlefields) Limited

File Reference: Z1/17

Prior to removing the holding provision, the subject lands may be used in accordance with the provisions of the “RM6” – Residential Multiple Six Zone as outlined in Section 6.2 and “NC” - Neighbourhood Commercial Zone as outlined in Section 6.3.

• The applicant enter into a Planning Act Section 37 Community Benefits Agreement with the Town no later than September 18, 2022, to the satisfaction of Town.

• The applicant convey a 0.96 hectare parcel of land located adjacent to Rossland Road East, Hilton Gate, and Styles Crescent for the purposes of a park upon site plan approval of the first parcel / building of the subject lands, to the satisfaction of the Town.

• The applicant submit a site plan application to the Town for approval.

• That the applicant enter into a site plan agreement with the Town.

September XX - 2022

4. Section 37 – Increased Height and Density

a) THAT pursuant to Section 37.1 of the Planning Act, and subject to compliance with the provisions of this By-law, the increase in density of development on the subject lands is permitted in return for the provision by the Owner of the following facilities, services and matters to the Town at the Owner’s sole expense.

b) THAT the Owner enter into one or more agreements with the Town pursuant to Section 37.1 of the Planning Act, which shall be registered on title to the subject lands by the Town to secure the facilities, services and matters required to be provided by this Section of the by-law and the Owner shall consent to the registration of such agreement or agreements against title to the subject lands.

c) THAT the Owner provides a cash contribution of $2,990,000.00 to the Town, in accordance with the community benefit and cash payment timeline identified in the Section 37.1 of the Planning Act Agreement, which shall be used for the following:

i) the construction cost of the park block within the development;

ii) the construction cost of a splash pad within the Castlefields Park;

iii) a multi-use three(3) metre wide asphalt trail connection through the Castlefields woodlot between the Snowling trail and Audley Road North multi-use path;

iv) tree planting at Brice Drive/Greenbelt and Snowling Drive at the trail;

v) pedestrian improvements/traffic calming at Rushworth and Carberry/Mansbridge and at Hilton Gate and Styles/Whitlock; and

vi) a traffic signal at Rossland Road and Hilton Gate.

d) THAT notwithstanding section 4. c) revisions to the allocation of the cash contribution for the community benefits identified in section 4. c) shall be determined at the sole discretion of the Town provided:

i) any revisions to the allocation of the contribution may only be amongst the list of community benefits identified in section 4. c); and

ii) any revision to the allocation of the cash contribution attributable to the construction of the park block within the development can only be increased (and not decreased).

e) THAT the cash contribution identified in 4. c) shall be indexed in accordance with the most recently published “Non-Residential Construction Price Index” for the Toronto CMA published by Statistics Canada on a quarterly basis, or its successor, calculated from June 1, 2022 to the date of payment of the funds by the Owner to the Town.

f) THAT notwithstanding the foregoing, the Owner and the Town may, from time to time and upon the consent of the Town and the Owner, modify or amend the agreement(s) entered into under Section 37.1 of the Planning Act with respect to this By-law without further amendment to those provisions of this By-law which identify the facilities, services and matters to be secured.

5. THAT notwithstanding any severance, partition, or division of the subject lands, the provisions of this By-law shall apply to the whole of the lands as if no severance, partition or division had occurred.

6. THAT notwithstanding subsection 45 (1.3) of the Planning Act, subsequent to Council approval of the development applications, the applicant can apply for a minor variance application provided that the height, density and floor space index (FSI) shall not increase.

7. By-law No. 95-2003, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law.

READ a first and second time this _______ day of ________, 2022

READ a third time and passed this _______ day of ________, 2022

Mayor

Deputy Clerk

Schedule ‘A’ to By-Law Number XX-2022

Schedule ‘B’ to By-Law Number XX-2022

Schedule ‘C’ to By-Law Number XX-2022

Explanatory Note to By-Law Number XX-2022

The purpose of this by-law is to rezone the subject lands, located Rossland Road East, Carberry Crescent, Mansbridge Crescent, Styles Crescent, Whitlock Crescents, from the Carruthers Creek tributary to the west and Audley Road to the east, from “Residential Multiple Six Zone, with Exception 76 (RM6, Exception 76)” and " Neighbourhood Commercial Zone, with Exception 76 (NC, Exception 76)" to “Residential Multiple Six Zone, Holding (‘H’) Provision, with Exception 76 [RM6(H), Exception 76]” and “Open Space Zone, with Exception 76 (OS, Exception 76)", as indicated on the attached Schedule ‘B’ of this By-law, to:

1. Facilitate the development of the subject lands for 1,304 residential dwelling units within a 15-storey apartment building (Block A), three 8-storey apartment buildings (Blocks B, C and D), one 8-storey mixed-use apartment building (Block E), 53 townhouse dwellings and a neighbourhood park by modifying permitted uses and establishing various development standards that regulate the development of the subject lands.

2. Establish and regulate the procurement of community benefits under Section 37 of the Planning Act, for increases in building height and/or density above existing planning permissions.