ISSUE DATE: May 18, 2023
CASE NO(S).: OLT-22-003077
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Oxford Properties Group
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit two (2) tall residential buildings with heights of 26-storeys and 29-storeys on a common 6-storey podium
Reference Number: D01-20009
Property Address: 9350 Yonge Street
Municipality/UT: Richmond Hill/York
OLT Case No: OLT-22-003077
OLT Lead Case No: OLT-22-003077
OLT Case Name: Oxford Properties Group v. Richmond Hill (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Oxford Properties Group
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To permit two (2) tall residential buildings with heights of 26-storeys and 29-storeys on a common 6-storey podium
Reference Number: D02-20018
Property Address: 9350 Yonge Street
Municipality/UT: Richmond Hill/York
OLT Case No: OLT-22-003078
OLT Lead Case No: OLT-22-003077
Heard: March 9, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Oxford Properties | David Bronskill |
| City Richmond Hill | Carlton Thorne |
| Hillcrest Holdings Inc. and Montez Hillcrest Inc. | Michael Cara |
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH AND JATINDER BHULLAR ON MARCH 9, 2023 AND INTERIM ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a Settlement Hearing with respect to an appeal filed by Oxford Properties (“Applicant/Appellant”) regarding the failure of the City of Richmond Hill (“City”) to make a decision within the timeframe prescribed in the Planning Act, R.S.O. 1990, c. P. 13, as amended, on an application for an Official Plan Amendment (“OPA”) and an application to Amend the Zoning By-law (“ZBA”) relating to the property municipally known as 9350 Yonge Street in the City (“Subject Property”).
2The Applicant/Appellant is proposing to develop the northeast corner of the Subject Property with a mixed-use development comprising of two towers; a 26 storey and a 29 storey residential tower on a common six storey podium with 792.5 square metres (“m2“) of at-grade commercial gross floor area (“GFA”) along Yonge Street. Additionally, the proposal calls for at grade live-work units. The proposal includes approximately 578 residential rental units (50,361.7 m2) with a total proposed GFA of 51,154 m2 and a resulting Floor Space Index (FSI) of 4.88. The proposed unit mix is varied but includes a minimum of 5% three-bedroom units.
EVIDENCE
3The Tribunal affirmed Ozan Kemal. After a review of his acknowledgement of expert’s duties, his Curriculum Vitae and with consent of the parties, Mr. Kemal was qualified to provide expert opinion evidence in the area of land use planning.
4Mr. Kemal provided the site context for the Subject Property and the description of the proposed development. The proposed development is part of a larger site that contains a 66,000 m2 one and two storey commercial units known collectively as the Hillcrest Mall. There is also a stand-alone toy store and two stand alone restaurants. The Proposed Development is the start of a masterplan to redevelop the overall site.
5Mr. Kemal provided the Tribunal with an overview of the revisions to the Proposed Development that are supportive by the City and the Appellant and the essences of how a settlement was reached between the parties. In summary the revised Proposed Development includes:
a. The building height has been increased on the south tower to 30 storeys (103.9 m, plus the mechanical penthouse);
b. The shared podium rises to six storeys and is stepped back at the sixth storey;
c. The building gross floor area is 51,051 m2 (4.79 FSI), split between 50,049 m2 of residential and 1,002 m2 of non residential;
d. Of the total of 588 residential dwelling units 8.8% are bachelor units, 44.7% are one-bedroom units, 40.8% are two-bedroom units, 4.1% are three-bedroom units, 0.7% are live/work units and 0.9% are townhouse units;
e. 1,176 m2 of indoor amenity space and 1,176 m2 of outdoor amenity space is proposed (4m2 per unit) and;
f. A total of 497 vehicle parking spaces are planned, of which 90 are shared between visitor and commercial uses; additionally, 498 bicycle parking spaces are proposed.
6In addition to the revised proposal above, several setback and step backs have been revised as shown in Exhibit 1, page 9.
7Mr. Kemal provided the Tribunal with a thorough planning analysis and is of the opinion that the proposed development has regard for matters of provincial interest found in s. 2 of the Planning Act.
8Mr. Kemal opined that the proposed development is consistent with the Provincial Policy Statement, 2020 (“PPS”) and conforms with the Growth Plan for the Greater Golden Horseshoe, 2019 (“GP”). Specifically, the Proposed Development will facilitate the development of strong, healthy communities, promotes efficient development patterns and green spaces, ensures effective use of infrastructure, and provides long-term economic prosperity. He further testified that the Proposed Development supports the policies of the Growth Plan for the Greater Golden Horseshoe 2019, as amended (GP) through achievement of complete vibrant communities, utilizing existing municipal services, and intensification near priority transit corridors in built-up areas.
9Mr. Kemal testified that within the York Region Official Plan (“ROP”) the Subject Property is designated as Regional Corridor, which supports the mix of residential and commercial uses at transit supportive densities. The Proposed Development will assist the Region in meeting the density target of 300 people and jobs per hectare. Mr. Kemal opined that the Proposed Development conforms with the ROP and further contributes towards achieving the minimum density targets set out in the GP.
10Furthermore, Mr. Kemal provided evidence that the Proposed Development conforms to the City of Richmond Hills Official Plan (“COP”) (Exhibit 2, page 61-75). He stated that the Subject Property is identified as part of one of the Key Development Areas in the COP which call for promotion of mixed-use, transit-oriented development, with high density residential, commercial and live work units. Additionally, the Proposed Development will contribute to the development of “place-making” as defined in s. 3.4 of the COP.
11Mr. Kemal testified that the Proposed Development generally maintains the intent and purpose of the City’s Zoning Bylaw (“ZBL”). The ZBA seeks site-specific modifications to provide relief for the increased height and density. Mr. Kemal opined that the ZBA is appropriate and represents good land use planning.
12Mr. Kemal summarized and opined based on his testimony at the hearing and written evidence before the Tribunal that the proposed development and associated OPA and ZBA represent an appropriate vision for intensification, has appropriate regard for matters of Provincial Interest, is consistent with the PPS, conforms with the GP, ROP, and COP except for the required OPA and ZBA.
FINDINGS
13The Tribunal finds, based on the uncontroverted and unopposed land use planning opinion evidence of Mr. Kemal, that the OPA and ZBA are consistent with the PPS and conforms with the GP, and are in conformity with the ROP and the COP. Additionally, the Tribunal finds, based on the evidence of Mr. Kemal that the ZBA conforms to the COP as amended by the OPA. The Proposed Development represents good land use planning, is in the public interest, has appropriate regard for matters of Provincial interest, specifically as it will provide a range of housing options located near public transit, infrastructure, and amenities, which will contribute to a more complete community.
INTERIM ORDER
14THE TRIBUNAL ORDERS THAT the appeal pursuant to s. 22(7) of the Planning Act is allowed in part, and the Official Plan of the City of Richmond Hill is amended as per Attachment 1 to this Order.
15THE TRIBUNAL ORDERS THAT the appeal pursuant to s. 34(11) of the Planning Act is allowed in part and By-law No. 39-71 of The Corporation of the City of Richmond Hill, as amended, is to be Amended as per Attachment 2 contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [16] below, and the Zoning By-law Amendment set out in Attachment 2 hereto, is hereby approved in principle.
16The Tribunal will withhold the issuance of its Final Order contingent upon confirmation by the counsel for all Parties, of the following pre-requisite matters:
a. The Tribunal has received, and approved, the Zoning By-law Amendment submitted in a final form, confirmed to be satisfactory to counsel for all Parties;
17Subject to availability, the Panel Members will remain seized for the purposes of reviewing and approving the final drafts of the Zoning By-Law Amendment and the issuance of the Final Order.
18If the Parties do not submit the final drafts of the Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph [16] above have been satisfied, and do not request the issuance of the Final Order, by Monday, July 31, 2023 the Parties shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Zoning By-law Amendment and the issuance of the Final Order by the Tribunal.
19The Tribunal may, as necessary, arrange a further hearing event to determine the additional timelines and deadline for the submission of the final form of the required planning instruments described in paragraph [18], the satisfaction of the contingent pre-requisites and the issuance of the Final Order, and to deal with any other matters relating to the implementation of the Interim Orders made herein.
“Kurtis Smith”
KURTIS SMITH
MEMBER
“Jatinder Bhullar”
JATINDER BHULLAR
MEMBER
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
Amendment 40
To The Richmond Hill Official Plan
TABLE OF CONTENTS
Title Page
Part One – The Preamble
1.1 Purpose 1
1.2 Location 1
1.3 Basis 1
Part Two – The Amendment
2.1 Introduction 2
2.2 Details of Amendment 2
RICHMOND HILL OFFICIAL PLAN
Official Plan Amendment 40
The attached schedule and explanatory text constitute Amendment No. 40 to the City of Richmond Hill Official Plan.
This amendment was approved by the Ontario Land Tribunal in accordance with Sections 17 and 22 of the Planning Act on the day of , 2023
PART ONE – THE PREAMBLE
1.1 Purpose
The purpose of this Amendment to the Richmond Hill Official Plan is to amend Chapter 6 of the Official Plan of the City of Richmond Hill in order to provide site specific polices related to a portion of the lands at 9350 Yonge Street and to amend Schedule A11 to add the Exception Area 39 to the Schedule. This amendment will permit a high density mixed use residential/commercial development comprised of two (2) apartment buildings with heights of 26 and 30 storeys that are connected by a six (6) storey podium, with an overall maximum density of 4.80 Floor Space Index (FSI) on the northeast portion of the property.
1.2 Location
The lands affected by this Amendment are located on the west side of Yonge Street, north of Carrville Road, and are legally described as Block N on Plan M- 1436 (Municipal Address: 9350 Yonge Street) (the “Subject Lands”). The area of the Subject Lands proposed to be developed is 1.07 hectares (2.63 acres) and are shown on Schedule “1” attached hereto.
1.3 Basis
The proposed amendment is considered appropriate in accordance with the reasons provided by the Ontario Land Tribunal in its Decision dated (Case No. OLT-22-003077) attached hereto.
PART TWO – THE AMENDMENT
2.1 Introduction
All of this part of the document entitled Part Two – The Amendment, consisting of the following text and the attached schedule designated as Schedule “1”, constitute Amendment 40 to the Richmond Hill Official Plan.
2.2 Details of the Amendment
The Official Plan of the City of Richmond Hill, is amended as follows:
a) That Schedule A11 (Exceptions) to the Richmond Hill Official Plan be amended to identify the subject lands as Exception Area Number 39, as shown on Schedule “1” attached.
b) By adding the following to Chapter 6 (Exceptions): “6.39
Notwithstanding any other provision of this Plan to the contrary, in accordance with Ontario Land Tribunal Decision dated (Case No. OLT-22-003077) for the portion of the lands known as Block N on Plan M- 1436 (Municipal Address: 9350 Yonge Street) and shown as Exception Area Number 39 on Schedule A11 (Exceptions) to this Plan, the following shall apply:
c) the maximum building height permitted shall be 26 storeys (North Tower) and 30 storeys (South Tower); and,
the maximum density permitted shall be 4.80 Floor Space Index (FSI).
ATTACHMENT 2
THE CORPORATION OF THE CITY OF RICHMOND HILL BY-LAW XX-XX
A By-law to Amend By-law 39-71, as amended, of The Corporation of the City of Richmond Hill
Now Therefore the Ontario Land Tribunal adopts and approves as follows:
- That By-law 39-71, as amended, of the Corporation of the City of Richmond Hill (“By-law 39-71”), be and hereby is further amended as follows:
a) by rezoning those lands shown on Schedule “A” to this By-law XX-XX (the “Lands”) from “District Commercial (DC) Zone” to “Key Development Area Mixed Use One (KDA1) Zone” under By-law 39-71, as amended; and,
b) by adding the following to Section 10 – Special Provisions: “10.XX Notwithstanding any inconsistent or conflicting provisions of By-law 39-71, as amended, the following special provisions shall apply to the lands zoned “Key Development Area Mixed Use One (KDA1) Zone” and more particularly shown as “KDA1” on Schedule “A” to By-law XX-XX and denoted by a bracketed number (10.XX):
i) Definitions
For the purposes of this by-law, the following definitions shall apply:
(a) Amenity Space means outdoor space on a lot that is communal and available for use by the occupants of a building on the lot for recreational or social activities.
(b) Commercial means the use of land, buildings, or structures for the purpose of buying or selling commodities and supplying of services, including personal service uses provided to the public, or where entertainment is offered for gain or profit. However, commercial shall exclude automobile service stations, gas bars, gas bar convenience retail stores, motor vehicle lubrication establishments, automobile washing establishments, auto body repair shops, repair shops for internal combustion engines, motorized vehicles or similar uses, and public garages.
(c) Dwelling, Apartment means a building containing five (5) or more dwelling units all of which have a common external access to the building by means of a common corridor system.
(d) Dwelling, Townhouse means a building or a part of a building divided vertically into three (3) or more dwelling units, each sharing a wall above the established grade and each of which has independent entrances at grade.
(e) First Storey means the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade.
(f) Floor Area means the total horizontal area of an individual floor in a building.Floor Area, Gross (GFA) means the aggregate of the floor areas of a building, measured between the exterior faces of the exterior walls of the building at each floor level but excluding the basement, mechanical penthouses, loading areas, a parking structure, elevator shaft and vertical service spaces, stairwell, mechanical or electrical rooms, and any space with a floor to ceiling height of less than 1.8 metres.
(g) Floor Space Index (FSI) means the maximum gross floor area of all buildings on a lot expressed as a ratio or multiple of the lot area.
(h) Grade means the level of the ground adjacent to the outside wall of a building or structure.
(i) Grade, Established means with reference to a building or structure, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building and, when used with reference to a structure other than a building, shall mean the average elevation of the finished grade of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment or entrenchment and when used with reference to a street, or road means the elevation of the street or road established by the Corporation or other designated authority.
(j) Height, Building means with reference to a building or structure, the vertical distance measured from the established grade of such building or structure to the highest point of the roof surface.
(k) Home Occupation means an economic enterprise operated within a dwelling unit, incidental and secondary to the residential use.
(l) Live-Work Unit means a single unit (e.g. studio, loft, or apartment) consisting of both a commercial, retail and/or office component and a residential component that is occupied by the same resident. A live-work unit may be used as both a living accommodation, which has a kitchen and sanitary facilities, and a business operated by one or more people who live in the unit.
(m) Mechanical Penthouse means the rooftop floor area above the livable area of a building that is used exclusively for the accommodation of stairwells and/or mechanical equipment necessary to physically operate the building such as heating, ventilation, air conditioning, electrical, telephone, plumbing, fire protection and elevator equipment and includes walls and structures intended to screen the mechanical penthouse and equipment.
(n) Storey means that portion of a building between the surface of a floor and the floor, ceiling or roof immediately above, provided that any portion of a building partly below grade level shall not be deemed a storey unless its ceiling is at least 1.8 metres above established grade, and provided that the floor to ceiling height of a storey shall not exceed 4.5 metres. Any storey other than the first storey of an apartment dwelling fronting Yonge Street or the sixth floor amenity area with a floor to ceiling height beyond 4.5 metres shall be deemed an additional storey. A mechanical penthouse shall not be considered a storey.
(o) Tower means all storeys in a building above six storeys.
ii) Permitted Uses
Permitted uses shall be as follows:
(a) Apartment Dwelling (1)
(b) Townhouse Dwelling (1) (2)
(c) Live-Work (2) (3)
(d) Home Occupation (2) (4) (5)
(e) Commercial (2) (5) (6)
(f) Public Authority (2) (5)
Notes:
(1) Use prohibited at grade fronting Yonge Street.
(2) Use prohibited unless integrated into an apartment dwelling.
(3) A live-work unit shall be subject to the following provisions:
a. shall not be permitted to provide access fronting onto Yonge Street;
b. must be the primary dwelling unit of the occupant;
c. a commercial use shall only be permitted on the first storey; and,
d. outdoor storage and outdoor display shall be prohibited.
(4) A home occupation shall be subject to the following provisions:
a. shall be conducted entirely within an enclosed
building;
b. shall not detract from the residential character of the dwelling unit or the lot on which the home occupation is located;
c. shall not involve the outdoor storage or an outdoor display and sales area for materials or finished products associated with the home occupation use;
d. shall not occupy more than 25 percent of the gross floor area of the dwelling unit;
e. shall not result in the discharge or emission of odorous, noxious or toxic matter or vapours, heat, glare, noise or radiation, or recurrently generated ground vibrations;
f. shall not consist of an occupation that involves the salvage, repair, maintenance or sales of motor vehicles or motor vehicles’ engines or parts; and,
g. shall not consist of an occupation that involves the sale of a commodity not produced on the premises, except that telephone or mail order sales of goods may be permitted provided that customers do not enter the premises to inspect, purchase or take possession of the goods.
(5) The outdoor storage of goods, materials, machinery or equipment is prohibited.
(6) Individual units are permitted to a maximum size of 200 square metres (2,152.78 square feet).
iii) Development Standards
The following development standards shall apply (1) (2) (3) (4) (5):
(a) The lands shown on Schedule “A” as “KDA1(10.XX)” shall be deemed to be a lot.
(b) The front lot line shall be Yonge Street.
(c) Minimum lot frontage: 30 metres (98.43 feet)
(d) Minimum lot area: N/A
(e) Maximum gross floor area: 51,100 square metres (550,035.82 square feet)
(f) Maximum floor space index: 4.80
(g) Minimum front yard: 0.90 metres (2.95 feet)
(h) Minimum side yard (North): 19.0 metres (62.34 feet)
(i) Minimum side yard (South): 11.0 metres (36.09 feet)
(j) Minimum rear yard: 17.0 metres (55.77 feet)
(k) Maximum floor area of each storey within a tower: 812 square metres (8,740.29 square feet)
(l) Maximum building height (North Tower): 26 storeys or 92 metres (301.84 feet), whichever is the lesser, excluding any ornamental roof structures, parapets to a projection of 0.6 metres (1.97 feet), or the mechanical penthouse to a maximum height of 7.5 metres (24.61 feet) provided the mechanical penthouse is fully enclosed and stepped back a minimum of 1.5 metres (4.92 feet) from all edges of a roof.
(m) Maximum building height (South Tower): 30 storeys or 104 metres (341.21 feet), whichever is the lesser, excluding any ornamental roof structures, parapets to a projection of 0.6 metres (1.97 feet), or the mechanical penthouse to a maximum height of 6.0 metres (19.69 feet) provided the mechanical penthouse is fully enclosed and stepped back a minimum of 1.5 metres (4.92 feet) from all edges of a roof.
(n) Amenity space shall be provided at a minimum rate of 2.0 square metres (21.53 square feet) per dwelling unit.
(o) Minimum percentage of dwelling units with 3 or more bedrooms: 5%
Notes:
(1) The floor space index shall be based on a lot area of 10,660.51 square metres (114,748.77 square feet).
(2) A tower shall be required to provide a minimum separation distance of 25.0 metres (82.03 feet) from another tower.
(3) The minimum required yards for any portion of a tower shall be as follows:
a. Minimum front yard: 5.8 metres (19.03 feet)
b. Minimum side yard (North): 22.0 metres (72.18 feet)
c. Minimum side yard (South): 12 metres (39.37 feet)
d. Minimum rear yard: 20.0 metres (65.62 feet)
(4) The minimum required yards for any portion of a building or structure located below grade shall be as follows:
a. Minimum front yard: 0.7 metres (2.29 feet)
b. Minimum side yard (North): 8.0 metres (26.25 feet)
c. Minimum side yard (South): 0.8 metres (2.62 feet)
d. Minimum rear yard: 15.0 metres (49.21 feet)
(5) The first storey of a building fronting Yonge Street shall have a minimum height of 4.5 metres (14.76 feet) and a maximum height of 6.0 metres (19.69 feet).
iv) Projection and Encroachment Provisions
The following projections and encroachments above the specified heights and setbacks shall be permitted:
(a) Parapets, to a maximum height of 1.4 metres (4.59 feet).
(b) Balconies can encroach a maximum of 2.1 metres (6.89 feet) into any required yard.
(c) A porch, terrace, entry element or access stairs can encroach a maximum of 2.0 metres (6.56 feet) into a required rear yard.
(d) Sills, railings, cornices, wall-mounted lighting fixtures, awnings, canopies, columns, eaves, guardrails, balustrades, privacy screens, trellises, gazebos, shade structures, screen walls, ornamental and architectural features, landscape structures and features and columns may encroach to a maximum height and projection of 2.0 metres (6.56 feet).
(e) Privacy screens, trellises, gazebos, shade structures, screen walls, ornamental and architectural features, landscape structures and features on the fifth floor amenity terrace may encroach to a maximum height of 2.5 metres (8.20 feet).
(f) Notwithstanding the foregoing, no portion of the building, either above or below grade, may encroach within the Regional right-of-way without the written permission of the Regional Municipality of York.
v) Landscaping Provisions
The following landscaping provisions shall apply:
(a) A minimum of 20% of the lot area must be landscaping, which may be located at grade or on top of a building or structure and may be considered part of an amenity area.
vi) Parking, Bicycle Parking and Loading Standards
Parking, bicycle parking and loading spaces shall be provided in accordance with the following (1) (2) (3) (4):
(a) The minimum number of parking spaces shall be calculated in accordance with the following standards:
i. Residential:
a) Studio: 0.5 per dwelling unit
b) 1 Bedroom, less than 55 square metres: 0.5 per dwelling unit
c) 1 Bedroom, greater than 55 square metres: 0.7 per dwelling unit
d) 2 Bedroom: 0.75 per dwelling unit
e) 3 Bedroom: 1 per dwelling unit
f) 3 Bedroom Townhouse: 1 per dwelling unit
g) Live-Work: 1 per dwelling unit
ii. Residential Visitor: 0.15 per dwelling unit
iii. Commercial: 2.8 per 100 sq. metres
(b) The minimum number of bicycle parking spaces shall be calculated in accordance with the following standards (1) (2):
i. Residential: 0.60 per dwelling unit
ii. Residential Visitor: 0.05 per dwelling unit
iii. Non-Residential: 0.13 per 100 square metres of GFA
iv. Non-Residential Visitor: 0.15 per 100 square metres of GFA
(c) The minimum number of loading spaces shall be 2.0.
(d) Minimum drive aisle widths for parking spaces shall be:
i. 90 degrees or greater to the aisle: 6 metres (19.69 feet)
ii. Greater than or equal to 60 degrees to the aisle and less than 90 degrees to the aisle: 5.5 metres (18.04 feet)
iii. Greater than or equal to 40 degrees to the aisle and less than 60 degrees to the aisle: 3.7 metres (12.14 feet)
(e) No parking spaces provided above grade are permitted to locate within the first 10.0 metres (32.81 feet) of the depth of a building.
Notes:
(1) For the purposes of calculating the minimum number of Parking Spaces for Commercial uses, the following rooms shall be excluded from GFA: Commercial storage rooms, Commercial waste rooms, Commercial hallways and Commercial lobby.
(2) The minimum dimension of a Loading Space shall be 4.0 metres (13.12 feet) in width, 13 metres (42.65 feet) in length, and 6.5 metres (21.33 feet) in height.
(3) The minimum dimension of a bicycle parking space shall be 0.6 metres (1.97 feet) in width, 1.2 metres (3.94 feet) in length, and 1.9 metres (6.23 feet) in height for vertical spaces; 0.6 metres (1.97 feet) in width, 1.8 metres (5.91 feet) in length, and 1.9 metres (6.23 feet) in height for horizontal spaces; and, 0.6 metres (1.97 feet) in width, 1.8 metres (5.91 feet) in length, and 2.4 metres (7.87 feet) in height for vertical spaces.
(4) 1 shower shall be provided for each gender per 30 spaces or less for non-residential uses.
All other provisions of By-law 39-71, as amended, not inconsistent with the foregoing, shall continue to apply to the lands shown on Schedule “A” attached hereto.
The regulations of this by-law shall continue to apply to the whole of the lands shown on Schedule “A” attached hereto notwithstanding any future severance, partition, dedication or division of the said lands that may occur following the date of adoption of this by-law.
By-law XX-XX shall be subject to Section 34(21) of the Planning Act in respect of Official Plan Amendment 40 coming into effect.
The imperial measurements found in this by-law in brackets are provided for information purposes only and are intended to be an approximate conversion of the metric measurements. The metric or SI measurements shall be deemed to bethe standards established by this by-law and, wherever there is a variance between the metric or SI measurements and the imperial measurements, the metric or SI measurement shall apply.
Schedule “A” attached to By-law XX-XX is declared to form a part of this by-law.
THE CORPORATION OF THE CITY OF RICHMOND HILL EXPLANATORY NOTE TO BY-LAW XX-XX
By-law XX-XX affects the lands described as Block N on Plan M-1436, municipally known as 9350 Yonge Street, located on the west side of Yonge Street, north of Carrville Road.
By-law 39-71, as amended, zones the subject lands “District Commercial (DC) Zone”.
By-law XX-XX will have the effect of rezoning the subject lands to “Key Development Area Mixed Use One (KDA1)” Zone” under By-law 39-71, as amended, with site specific development standards to facilitate the construction of a high density mixed use residential/commercial development comprised of two apartment buildings with heights of 26 and 30 storeys on the subject lands.