335 Plains Holdings Inc. and 355 Plains Holdings Inc., o/a Coletara Development v. Burlington (City), 2024 CanLII 11552

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

February 13, 2024

CASE NO(S).:

OLT-22-004807

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

Applicant and Appellant:

335 Plains Holdings Inc. and 355 Plains Holdings Inc., o/a Coletara Development

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit the construction of mid-rise, mixed-use buildings and stacked townhouses

Reference Number:

505-06/22

Property Address:

1010 Downsview Drive and 355 Plains Road East

Municipality/UT:

Burlington/Halton

OLT Case No.:

OLT-22-004807

OLT Lead Case No.:

OLT-22-004807

OLT Case Name:

335 Plains Holdings Inc. and 355 Plains Holdings Inc., o/a Coletara Development v. Burlington (City)

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

Applicant and Appellant:

335 Plains Holdings Inc. and 355 Plains Holdings Inc., o/a Coletara Development

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit the construction of mid-rise, mixed-use buildings and stacked townhouses

Reference Number:

520-07/22

Property Address:

1010 Downsview Drive and 355 Plains Road East

Municipality/UT:

Burlington/Halton

OLT Case No.:

OLT-22-004808

OLT Lead Case No.:

OLT-22-004807

Heard:

December 15, 2023 in writing

APPEARANCES:

Parties

Counsel

335 Plains Holdings Inc. and 355 Plains Holdings Inc. o/a Coletara Development

Denise Baker

City of Burlington

Blake Hurley Andrea Peebles

Region of Halton

Kelly Yerxa

DECISION DELIVERED BY w. DANIEL BEST On December 15, 2023 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This Decision arises from a settlement hearing on an appeal filed by 335 Plains Holdings Inc. and 355 Plains Holdings Inc. (o/a Coletara Development) (“Appellant”). The appeal arose following a non-decision by the City of Burlington (“City”) concerning an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) (collectively the “Applications”) to permit the construction of mid-rise, mixed-use buildings and stacked townhouses at 1010 Downsview Drive & 355 Plains Road East (“Subject Lands”).

2The Subject Lands are divided into two parcels; Lot A is municipally addressed 1010 Downsview Drive and is located on the northwest corner of Plains Road East and Downsview Drive and is approximately 0.73 hectares (“ha”) with 48.25 metres (“m”) of frontage on Plains Road East. Lot B is municipally addressed 355 Plains Road East and is located on the northeast corner of Plains Road East and Downsview Drive and is approximately 0.75 ha with 71.82 m of frontage on Plains Road East.

3The area surrounding the Subject Lands consists of a variety of employment, commercial/retail, residential and open space uses. The area is well serviced and accessible through a range of mobility choices within the existing and future planned transportation network. The Aldershot GO Station is within a 15 minute walk from the Subject Lands.

4The proposed development consists of a range of housing types providing opportunities for a range of household sizes at different affordability levels. The range of residential uses includes three-storey stacked townhouses with rooftop terraces, as well as three mid-rise apartment structures that will range in height between nine and eleven storeys. The proposal also achieves a more diverse land mix-use while maintaining land use compatibility.

5The Parties have reached a settlement (“Settlement Proposal”) and the following table reflects the specific changes between the initial application and the Settlement Proposal.

	Initial Application	Settlement Proposal
Height
Lot A	8 storeys (25.6 m)	9 storeys (28.9 m)
Lot B	9 and 11 Storeys (28.65 m and 34.75 m)	11 and 11 Storeys (35 m and 35 m)
Units
Lot A	197 Units (141 Apartment / 56 Townhouses)	198 Units (156 Apartment / 42 Townhouses)
Lot B	387 Units (347 Apartment / 40 Townhouses)	414 Units (384 Apartment / 30 Townhouses)
Total GFA
Lot A	15,109.8 m²	15,494.6 m²
Lot B	33,585.7 m²	34,994.0 m²
Total Commercial Retail GFA
Lot A	286.8 m²	356.9 m²
Lot B	341.8 m²	620.1 m²
Residential Parking (including Visitor and Retail Parking)
Lot A	262	218
Lot B	489	435
Bicycle Parking - Residential
Lot A	Short Term – 21	Short Term – 20 Long Term – 150
Lot B	Short Term – 31	Short Term – 22

6Participant status was granted to the Aldershot BIA, Kimberly Staples, Devin Staples and Angela Temporin. Each of these participants filed participant statements. Collectively they have raised issues with the loss of commercial/retail storefronts, height, density, amenity space, parking, and traffic congestion. The Settlement Proposal has taken into account the concerns of the Participants.

7As the development will be subject to Site Plan Control, the several technical components of the development including phasing, construction, stormwater management, access and circulation and landscaping will be further addressed at that stage.

8The Tribunal acknowledges receipt of the Affidavit of Dana Anderson, a Registered Professional Planner, sworn on December 8, 2023, and filed as Exhibit 1. The Tribunal has reviewed Ms. Anderson’s Curriculum Vitae and signed Acknowledgement of Expert’s Duty, is satisfied with her credentials and experience, and deems her qualified to provide expert opinion evidence in land use planning in this matter.

9The Tribunal allows the appeal in part and approves the OPA (“Attachment A”) and ZBA (“Attachment B”) attached to this Decision.

SETTLEMENT PROPOSAL

10Ms. Anderson provided the Tribunal with a fulsome affidavit which describes the Subject Lands and surrounding lands; sets out the planning policy and regulatory context including matters of provincial interest; the settlement between the Parties; the proposed OPA and ZBA; and outlines her opinion and recommendations to the Tribunal.

11The proposed OPA provides for a site-specific exception to be added to Section 5.3.2 of the in-force City of Burlington Official Plan (“BOP”). The site specific exception provides for development on the lands identified as 1010 Downsview Drive with a nine-storey apartment building and three-storey stacked townhouses, exclusive of mechanical penthouse/rooftop amenity, with a maximum permitted floor area ratio (“FAR”) of 2.3:1. On the lands identified as 355 Plains Road East, two 11-storey apartment buildings connected by a six-storey podium and three-storey stacked townhouses, exclusive of mechanical penthouse/rooftop amenity, with a maximum permitted FAR of 4.9:1. The minor increases to FAR are provided to accommodate flexibility in the final design.

12The site specific exception also requires the development on the Subject Lands to:

a. Address the interface with the existing residential neighbourhood located to the north along Dowland Crescent through the provision of appropriate building setbacks and through the review of tree preservation along the north property line;

b. Provide appropriate stepbacks within the built form along Plains Road East and Downsview Drive;

c. Provide appropriate stepbacks within the built form for the existing residential development along the west property line on 1010 Downsview Drive; and,

d. Establish an appropriate building setback from the east property line on 355 Plains Road East to allow adequate separation from the adjacent existing buildings as well as any proposed new adjacent buildings.

13The proposed ZBA seeks to maintain the Mixed-Use General (MXG) Zone and add site-specific exceptions to address provisions related to height, floor area ratio, amenity area/privacy area, setbacks, encroachments, parking, and landscape buffers. Some provisions in the proposed ZBA include minor increases from the plans as provided in the Settlement Proposal to ensure flexibility to accommodate the final building and site design. The ZBA incorporates the following:

a. The provisions for building height seek to permit a nine-storey mixed-use building and three-storey Stacked Townhouses exclusive of the rooftop mechanical, rooftop amenity area and rooftop stair access on Lot A, whereas the MXG zone permits a six-storey height limit. On Lot B, the provision for building height seeks to permit two, 11-storey mixed-use buildings, connected with a six-storey podium, and to permit three-storey Stacked Townhouses exclusive of the rooftop mechanical, rooftop amenity area and rooftop stair access, whereas the MXG zone permits a six-storey height limit for the mixed-use buildings.

b. The floor area ratio zoning exceptions seek to increase the permitted floor area ratio to 2.30:1 on Lot A and 4.90:1 on Lot B to ensure flexibility for construction.

c. The introduction of a number of setbacks and stepbacks for each building.

d. The amenity area exceptions seek a reduction in the total provided amenity area and privacy area for all apartment and stacked townhouse units to 15 square metres per unit. A reduction in privacy areas is included for the stacked townhomes to provide for 4.5 square metre per unit which is to be included in the amenity area calculation.

e. The parking exceptions seek a reduction in the provided resident parking ratio to 1.1 spaces per dwelling unit, inclusive of shared visitor and non-residential parking on Lot A. Lot B requires a reduction in the provided resident parking ratio to 1.05 spaces per dwelling unit, inclusive of shared visitor and non-residential parking.

f. Exceptions are also required for provisions related to the underground parking structure on Lot A including a minimum setback from the property line: 2.3m to the front and exterior side yard, a 1.4m internal side yard setback and a 5.0m rear yard setback. In addition, minor landscape buffer encroachments are needed: a 0.3m encroachment into the rear landscape buffer for patios and decks on Lot A, and a 1.0m encroachment for patios and decks on Lot B. Lot B also requires minimum parking structure setbacks: a 0.7m front and 1.4m interior side yard setback, a 2.3m exterior side yard and 5.7m rear yard setback.

g. An exception is needed for the rear yard stacked townhouse setback to permit a reduced setback of 7m to the abutting Low Density Residential R2 and R3 zones. This was increased from 6m with the Initial Application. A side yard setback of 2.8m is also sought on both Lot A and Lot B.

h. A minor reduction to the habitable window setback provision in the general zoning provisions is also sought to reduce the permitted setback from the driveway and parking area to a habitable window in three specific locations.

i. Landscape area encroachment provisions are sought to allow for hydro transformer and pad, underground parking garage, exhaust and intake vents associated with a parking garage, driveways, walkways, covered and/or open staircase access, gas meters including concrete pads, patios/decks, privacy screens, and fences to encroach into required landscape buffers and landscape areas. This is a common provision and will allow for required elements for the functioning of the site.

j. A minor balcony encroachment is required to permit balconies into specific yard encroachments to allow for appropriately sized balcony amenity areas for the apartment dwelling units.

k. Technical privacy screen provisions which are required to be increased to accommodate the combined length of screening to ensure appropriate size privacy areas can be constructed with the stacked townhouse component of the site. The amendment also seeks to permit 24 townhome units to be provided in one building block.

14It is Ms. Anderson’s uncontroverted evidence and opinion that the Settlement Proposal to be implemented through the proposed OPA and ZBA is consistent with the Provincial Policy Statement (“PPS”), conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, as amended, 2020 (“Growth Plan”), is in conformity with the Region of Halton OP and BOP, meets the Design Guidelines for Mixed-Use and Residential Mid-Rise Buildings, represents good planning and is in the public interest.

15It is Ms. Anderson’s opinion that the Settlement Proposal and the proposed OPA and ZBA address compatibility, transition, design and built form.

16It is Ms. Anderson’s opinion that the proposed redevelopment does not create any adverse impacts, can be adequately serviced and represents appropriate and compatible development for the area.

ANALYSIS AND FINDINGS

17The Tribunal accepts Ms. Anderson’s evidence and opinion that the proposal provides for the development of a complete community with a diversity and mix of compatible land uses, the introduction of a range of housing forms, and a development which improves accessibility and is well-serviced. The proposed amendments, which will implement the development, represent good planning and are in the public interest. The following illustrates for the Tribunal those aspects of the proposal that allows the appeal in part and approves the OPA and ZBA.

18In making its decision on the appeal before it, the Tribunal has had regard to matters of provincial interest as set out in s. 2 of the Act. The Tribunal is satisfied that the proposed OPA and ZBA will facilitate development that will contribute to the:

(f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;

(h) The orderly development of safe and healthy communities;

(h.1) The accessibility for persons with disabilities to all facilities, services and matters to which this Act applies;

(j) The adequate provision of a full range of housing, including affordable housing;

(p) The appropriate location of growth and development;

(q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; and,

(r) The promotion of built form that,

(i) Is well-designed,

(ii) Encourages a sense of place, and

(iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

19The Settlement Proposal has regard for and implements several matters of provincial interest as directed by the Act. The proposed redevelopment will make efficient use of existing transportation, sewage, and water infrastructure through appropriate intensification of the Subject Lands and will develop in an orderly manner to support a safe and healthy, barrier-free development. The Subject Lands are located in close proximity to existing and future transit, including the Aldershot GO Station, active transportation infrastructure, and community amenities. The Subject Lands are located along an identified intensification and transit corridor, which is an appropriate location for growth and development. The proposed development represents intensification of a currently underutilized site and has been designed to transition to the surrounding area without adverse impact. The new buildings along Plains Road will provide for a high quality, safe, accessible, and vibrant streetscape.

20The proposed development is consistent with the PPS by allowing for a well designed development in an area served by existing infrastructure and transit. The proposed development makes efficient use of existing and planned infrastructure, public facilities and provides for a mix of uses, including much needed new housing contributing to more housing options. As such, the Settlement Proposal, proposed OPA and ZBA are consistent with the PPS.

21The proposed development of the Subject Lands meets the policies in Section 2.2 of the Growth Plan that address growth within settlement and built up, urban areas in close proximity to MTSAs. The policies in Section 2.2.6 related to housing are also addressed as the proposed development provides for additional residential housing units in a range of forms and unit sizes to accommodate a range of household types and incomes. The revised plans do provide for minor increases to height and density to accommodate changes to the design on each lot, which through the implementing Zoning By-law, address all transition and design matters in an effective way given the site’s context in an area served by existing transit, amenities and services and optimizes the use of land and infrastructure.

22The proposed development, with the added height and density and design changes, meets the applicable goals, objectives and policies of the Region of Halton OP (“ROP”) and represents an intensification of the Subject Lands that supports sustainable, cost-effective, and transit supportive growth within a Regional Intensification Corridor. The proposed development will provide a mid-rise built form compatible with the surrounding area as well as a stacked townhouse form that is appropriately transitioned to the lower density neighbourhood to the north. The mix of residential unit types and sizes will increase housing variety and choice in the area and support local employment and retail uses. The proposed development and associated OPA and ZBA will contribute to the achievement of Regional growth and housing requirements and are in conformity with the applicable policies of the ROP.

23The proposed development through the OPA conforms with the City OP as it aligns with the policies related to Intensification Multi-Purpose Arterial Roads and Mixed-Use Corridors. The proposed development represents an appropriate level of intensification that is an efficient use of land that is serviced by existing infrastructure. The proposed development is compact, pedestrian-friendly, and well-connected to public transportation. The proposed development will meet the demand for higher-density residential development while also including non-residential uses. The planned development features a number of height transitions to maintain compatibility with adjacent land uses while also taking into account its placement along a transit route and inside a Mixed-Use Corridor. Vertical and horizontal articulation, step backs in building height, changes in building materials and colours, the use of projections and recessions, varying window sizes, and variation in the roofline are just a few of the design strategies used to break up the building mass in the mixed-use buildings. Overall, the proposed development and proposed OPA and ZBA are consistent with current Official Plan land use planning concepts and fulfil the planned vision for the Subject Lands, which is to create a more compact, pedestrian-friendly, and transit-supportive city.

24Respecting the new City OP (currently under appeal), the proposal has regard for the emerging, but not in force policies as it is a development which is compact, pedestrian-friendly, and well connected to public transportation. The proposed development will support the provision of higher-density residential development while also including at-grade retail to provide an opportunity for a range of small scale retail and service commercial uses.

25The site specific provisions in the ZBA are appropriate for the development of the Subject Lands and in conformity with the applicable policy framework and generally address the built form design guidelines.

26Section 2.1 of the Design Guidelines for Mixed-Use and Residential Mid-Rise Buildings provides direction for building placement. These guidelines have been addressed by ensuring the buildings are located and oriented appropriately to frame the streets and corner locations, provide for enhanced streetscapes along Plains Road and Downsview Drive, and to provide adequate landscaping, treed and amenity areas. The proposed buildings have also been oriented to minimize sun shadow impact to the surrounding properties.

27Section 2.2 of the Design Guidelines for Mixed-Use and Residential Mid-Rise Buildings provides direction for building separation and spacing. The revised Proposal addresses these guidelines by incorporating adequate lot line setbacks, provides for a 15m separation distance between building walls and providing for a continuous street wall with retail along the ground floor which includes a sufficient ground floor height. The setback along the easterly property line of Lot B has also been increased from 3.86m to 5.5m for the full height of the buildings.

28The revised plans also increase the stepback above the sixth floor of each building along Downsview Drive from 1.52m to 3.0m to align with the Design Guidelines for Mixed-Use and Residential Mid-Rise Buildings direction for stepbacks above the street wall.

29The Tribunal is satisfied that the settlement has appropriate regard for matters of provincial interest, is consistent with the Provincial Policy Statement (“PPS”), conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, as amended, 2020 (“Growth Plan”), is in conformity with the Region of Halton OP and City of Burlington OP, meets the Design Guidelines for Mixed-Use and Residential Mid-Rise Buildings, represents good planning and is in the public interest.

ORDER

30The Tribunal orders that the appeal filed by 335 Plains Holdings Inc. and 355 Plains Holdings Inc. o/a Coletara Development pursuant to s. 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, is allowed, in part, and that the amendment to City of Burlington Official Plan as set out in Attachment A to this Order and Decision is hereby approved. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to this By-law for record keeping purposes.

31The Tribunal orders that the appeal filed by 335 Plains Holdings Inc. and 355 Plains Holdings Inc. o/a Coletara Development pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, is allowed, in part, and that the amendment to City of Burlington Zoning By-law as set out in Attachment B to this Order and Decision is hereby approved. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to this By-law for record keeping purposes.

“W. Daniel Best”

W. DANIEL BEST

MEMBER

Ontario Land Tribunal

Website: www.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 “A”

AMENDMENT NO.XXX TO THE OFFICIAL PLAN

OF THE BURLINGTON PLANNING AREA

CONSTITUTIONAL STATEMENT

The details of the Amendment, as contained in Part B of this text, constitute Amendment No. XXX to the Official Plan of the Burlington Planning Area, as amended.

PART A – PREAMBLE

1. PURPOSE OF THE AMENDMENT

The purpose of this Amendment is to add a site-specific policy to the lands at 1010 Downsview Drive and 355 Plains Road East. The site-specific policy will facilitate a mixed-use development consisting of mid-rise buildings comprising approximately 540 dwelling units, grade related commercial uses, and 72 townhouses.

2. SITE AND LOCATION

The subject lands are located on the north side of Plains Road East, at the intersection of Plains Road East and Downsview Drive. The property at 1010 Downsview Drive, on the west side of Downsview Drive (referred to as Lot A), has an area of 0.72 hectares. The property at 355 Plains Road East, on the east side of Downsview Drive (referred to as Lot B), has an area of 0.75 hectares. The sites are currently occupied by two commercial strip plazas which include retail, service commercial (e.g.: restaurant), office, institutional (e.g.: daycare), and recreational (e.g.: martial arts studio) uses.

Surrounding land uses consist of residential / institutional uses to the west, residential uses to the north, institutional / residential / commercial uses to the east and residential uses to the south.

3. BASIS FOR THE AMENDMENT

a) The application proposes intensification that is consistent with Provincial Policy Statement (PPS). The PPS promotes densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and supports the use of public transit.

b) Supports the achievement of complete communities through the provision of a mix of uses within a compact built form, and by directing intensification to areas in proximity to transit and within intensification corridors assists the City in achieving its intensification targets and housing supply targets and meet the intent of the Provincial "A Place to Grow" Growth Plan and the Region of Halton Official Plan.

c) The proposed development to permit higher density residential development supports the City’s Official Plan objective to encourage residential intensification as a means of increasing the available housing stock in a manner that is compatible with surrounding properties and uses.

d) The proposed development is located on lands with adequate infrastructure and in close proximity to transit routes, commercial uses and community amenities so satisfies Official Plan policies to provide housing opportunities in locations that can reduce travel times, decrease dependence on the car and promote transit and active transportation.

e) The applicant submitted technical studies that provide adequate and appropriate information to support the development.

PART B – THE AMENDMENT

1. DETAILS OF THE AMENDMENT

Map Change:

None is proposed.

Text Change:

The text of the Official Plan of the Burlington Planning Area, as amended, is hereby amended as follows:

By adding the following site-specific policy at the end of Part III, Land Use Policies – Urban Planning Area, Section 5.3 Mixed Use Corridors, Subsection 5.3.2, General Policies, as follows:

1010 Downsview Drive and 355 Plains Road East

Notwithstanding Part III, Subsection 5.3.2 d) (i) and (ii), and f) of this Plan, on the lands designated “Mixed Use Corridor – General” and identified as 1010 Downsview Drive and 355 Plains Road East, a mixed-use development consisting of mid-rise buildings shall be permitted subject to the following:

(i) On the lands identified as 1010 Downsview Drive one 9-storey apartment building and 3 storey stacked townhouses, exclusive of mechanical penthouse/rooftop amenity and a maximum floor area ration of 2.3:1 shall be permitted.

(ii) On the lands identified as 355 Plains Road East, two 11-storey apartment buildings connected by a 6-storey podium and 3 storey stacked townhouses, exclusive of mechanical penthouse/rooftop amenity and a maximum floor area ratio of 4.9:1 shall be permitted.

iii) development on the lands shall:

I. address the interface with the existing residential neighbourhood located to the north along Dowland Crescent through the provision of appropriate building and underground setbacks and review tree preservation along the north property line.

II. provide appropriate stepbacks within the built form along Plains Road East and Downsview Drive.

III. provide appropriate stepbacks within the built form for the existing residential development along the west property line on 1010 Downsview Drive.

IV. establish an appropriate building setback from the east property line on 355 Plains Road East to allow adequate separation from the adjacent existing buildings as well as any proposed new adjacent buildings.

2. INTERPRETATION

This Official Plan Amendment shall be interpreted in accordance with the “Interpretation” policies of Part VI, Implementation, Section 3.0, Interpretation, of the Official Plan of the Burlington Planning Area.

3. IMPLEMENTATION

This Official Plan Amendment will be implemented in accordance with the appropriate “Implementation” policies of Part VI of the Official Plan of the Burlington Planning Area.

ATTACHMENT “B”

THE CORPORATION OF THE CITY OF BURLINGTON

BY-LAW NUMBER 2020.XXX

A By-law to amend By-law 2020, as amended; for 1010 Downsview Drive & 355 Plains Road East,

File No.:505-06/22 and 520-07/22

WHEREAS Section 34(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, states that Zoning By-laws may be passed by the councils of local municipalities; and

WHEREAS the Ontario Land Tribunal issued a decision on XXX, 2023, to amend the City’s existing Zoning By-law 2020, as amended, to permit a mixed-use development consisting of the following:

i) On the lands identified as 1010 Downsview Drive, one 10-storey apartment building with retail/commercial at grade and 4-storey stacked townhouses, inclusive of mechanical penthouse/rooftop amenity, and a total of 200 residential units.

ii) On the lands identified as 355 Plains Road East, two 12-storey apartment buildings with retail/commercial at grade and 4-storey stacked townhouses, inclusive of mechanical penthouse/rooftop amenity, and a total of 416 residential units.

THE ONTARIO LAND TRIBUNAL AMENDS ZONING BY-LAW 2020 AS FOLLOWS:

1. Zoning Map Number 6-W to By-law 2020, as amended, is hereby amended as shown on Schedule “A” attached to this By-law.

2. The lands designated as “A” on Schedule “A” attached hereto are hereby rezoned from “MXG" to "MXG-XXX".

3. Part 14 of By-law 2020, as amended, Exceptions to Zone Designations, is amended by adding Exception XXX as follows:

Exception XXX

Zone MXG

Map 6W

Amendment 2020.XXX

Enacted XXXXXXX

1. Permitted Uses Only the following uses shall be permitted:

(a) Apartment Buildings with Retail, Service Commercial, Recreational, Community Institution, and All Office Uses

(b) Stacked Townhouses

(c) Townhouses

2. Regulations applying to Lot ‘A’ on Diagram XXX:

a) Maximum Floor Area Ratio:

2.3:1

b) Maximum Units

200 units

c) Landscape Buffer abutting an R1, R2, R3 zone Encroachment for a planter bed Encroachment for patio/deck

5 m 1.135 m 0.3 m

d) Landscape Area abutting a Street:

3 m

e) Permitted encroachments into Landscape Area no greater than 50% of total area:

Hydro transformer and pad, underground parking garage, exhaust and intake vents associated with a parking garage, driveways, walkways, covered and/or open staircase access, bicycle parking, gas meters including concrete pads, snow storage, patios/decks, privacy screens and fences

f) Total Amenity Area for all Apartment and Stacked Townhouse:

15 m² per unit

g) Required Parking: Occupant: Shared Visitor/Non-Residential

1 space per residential unit 0.1 spaces per residential unit

h) Parking Space Type:

Permit Tandem Parking Spaces, Counted as One (1) Space

i) Notwithstanding Part 5, Section 4.6(b), (c) and d) where a development is comprised of residential and non-residential uses, up to 100% of the required visitor parking located on the development site shall be shared and counted towards the required non-residential parking.

j) Setback to Below-grade parking structure: i) north lot line: ii) south lot line: iii) west lot line: iv) east lot line:

5.0 m 2.3 m 1.4 m 2.3 m

k) Accessory Structures:

Pergolas/gazebos are permitted on rooftop amenity area.

l) Balcony Encroachment: i) west side yard: ii) any other yard

2 m maximum into a required yard 1.8 m maximum from the wall of the building No other provisions of Part 1, Section 2.13.1(c) apply.

m) Setback to hypotenuse of a daylight triangle: Canopy: Below-grade parking structure:

0 m 0 m

n) Minimum setback to a parking lot from a street line

1 m

3. Regulations applying to Apartment Buildings in Lot ‘A’ on Diagram XXX:

a) Maximum height:

10 storeys and 40 m (inclusive of rooftop amenity, mechanical structures, and Accessory Structures)

b) Prohibited Uses: Storey 10

Dwelling units

c) Floor area for all Retail, Service Commercial, Recreational, Community Institution, and All Office Uses:

357 m²

d) Yard abutting Plains Road and west of QEW: Storeys 1-6 Storeys 7-9:

3 m 6 m, 3 m to 7^th storey rooftop terrace

e) Yard abutting any other street: Storeys 1-6 Storeys 7-9:

3 m 6 m

f) Side Yard Setback: Storeys 1&2: Storeys 3&4: Storeys 5&6: Storeys 7-9:

6.4 m 11.5m, 6.4m to 3^rd storey rooftop terrace 16.4m, 11.5m to 5^th storey rooftop terrace 21.4m, 16.4m to the 7^th storey rooftop terrace

g) Building stepback for storeys 7-9 for tower walls facing Downsview Drive and Plains Road East:

3 m from building face of tower

h) Setback for a Mechanical Penthouse on the 10^th storey from all tower walls

3 m

i) Part 2, Section 1 (i) (ii) Setback from Driveway or Parking Lot/Parking Spaces to Window of Habitable Room

Shall not apply

4. Regulations applying to Stacked Townhouses in Lot ‘A’ on Diagram XXX:

a) Maximum height:

4 storeys and 14 m (inclusive of rooftop amenity, mechanical structures, and rooftop access)

b) Side Yard:

2.8 m

c) Yard abutting an R1, R2, R3 zone: Storeys 1-3: 4^th Storey:

7 m 9 m to rooftop terrace

d) Setback from Driveway or Parking Lot/Parking Spaces to Window of Habitable Room:

2.6 m

e) Privacy Area to be included as part of 15 m² Total Amenity Area

4.5 m² per unit.

f) Privacy Screens Minimum Setback Abutting Street Line:

2.5 m

g) Combined length of privacy screens (per unit):

26 m

h) Maximum townhouse units in one building and access

A maximum of 24 townhouse units shall be permitted per building. Exterior access to units shall be permitted.

5. Regulations applying to Lot ‘B’ on Diagram XXX:

a) Maximum Floor Area Ratio:

4.9:1

b) Maximum units:

416 units

c) Landscape Buffer abutting an R1, R2, R3 zone Encroachment for a planter bed Encroachment for patios and decks

5.7 m 1.835 m 1 m

d) Landscape Area abutting a street:

3m

e) Permitted encroachments into Landscape Area up to a maximum of 50 % of the total area:

Hydro transformer and pad, underground parking garage, exhaust and intake vents associated with a parking garage, driveways, walkways, covered and/or open staircase access, snow storage, bicycle parking, gas meters including concrete pads, patios/decks, privacy screens, and fences

f) Total Amenity Area for all Apartment, Stacked Townhouse/Townhouse Units:

15 m² per unit

g) Required Parking: Occupant: Shared Visitor/Non-Residential

1 space per residential unit 0.05 spaces per residential unit

h) Parking Space Type:

Permit Tandem Parking Spaces, Counted as One (1) Space

i) Notwithstanding Part 5, Section 4.6(b), (c) and d) where a development is comprised of residential and non-residential uses, up to 100% of the required visitor parking located on the development site may be shared and counted towards the required non-residential parking.

j) Setback to Below-grade parking structure i) north lot line: ii) south lot line: iii) west lot line: iv) east lot line:

5.7 m 0.7 m 2.3 m 1.4 m

k) Accessory Structures:

Pergolas/gazebos are permitted on rooftop amenity area.

l) Balcony Encroachment:

1.8 m maximum from any building wall No other provisions of Part 1, Section 2.13.1(c) apply.

m) Setback to a hypotenuse of a daylight triangle: Canopy: Below-grade parking structure:

0 m 0 m

n) Minimum setback to a parking lot from a street line

3 m

6. Regulations applying to Apartment Buildings in Lot ‘B’ on Diagram XXX:

a) Maximum height:

12 storeys and 46 m (inclusive of rooftop amenity, mechanical structures, and Accessory Structures)

b) Prohibited Uses: Storey 12

Dwelling Units

c) Floor area for all Retail, Service Commercial, Recreational, Community Institution, and All Office Uses:

620 m²

d) Yard abutting Plains Road and west of QEW: Storeys 1-6: Storeys 7-11: 12^th Storey:

3 m 6 m 6 m to rooftop terrace

e) Yard abutting Downsview Drive: Storeys 1-6: Storeys 7-11: 12^th Storey:

3 m 6 m 6 m to rooftop terrace

f) Side Yard setback: Storeys 1-11: 12^th Storey:

5.5 m 5.5 m to rooftop terrace

g) Setback for a Mechanical Penthouse on the 10^th storey from all tower walls

3 m

h) Maximum podium height:

6 storeys

i) Building stepback for storeys 7-11 for tower walls facing Downsview Drive and Plains Road East:

3 m from building face of tower

j) Part 2, Section 1 (i) (ii) Setback from Driveway or Parking Lot/Parking Spaces to Window of Habitable Room

Shall not apply

7. Regulations applying to Stacked Townhouses in Lot ‘B’ on Diagram XXX:

a) Maximum height:

4 storeys and 14 m (inclusive of rooftop amenity, mechanical structures, and rooftop access)

b) Side Yard:

2.8 m

c) Yard abutting an R1, R2, R3 zone: Storeys 1-3: 4^th Storey:

7 m 9 m for rooftop terrace

d) Setback from Driveway or Parking Lot/Parking Spaces to Window of Habitable Room:

2.6 m

e) Privacy Area to be included as part of 15 m² Total Amenity Area:

4.5 m² per unit

f) Privacy Screens Minimum Setback Abutting Street Line:

2.5 m

g) Combined length of privacy screens (per unit):

26 m

h) Maximum townhouse units in one building and access

A maximum of 24 townhouse units shall be permitted per building. Exterior access to units shall be permitted.

Except as amended herein, all other provisions of this By-law, as amended, shall apply.

Schedule A

Diagram XXX