January 8, 1998

To: North York Community Council

From: Bryan Tuckey

Acting Commissioner of Planning

Subject: Zoning Amendment Application

UDOZ-88-37

Seneca College of Applied Arts and Technology

43 Sheppard Avenue East

WARD 10-North York Centre

Purpose:

The purpose of this report is to provide recommendations for the proposed development of the property at 43 Sheppard Avenue East, located on the south side of Sheppard Avenue East, east of Yonge Street. The applicant, Seneca College, is seeking a base level of zoning on the property which would allow for redevelopment of the site. A 1988 application submitted by Seneca College has been evaluated to determine whether a proposal of this nature on this site could satisfy the development principles put forward in this report. A report on this matter is being brought forward at this time because the application is the subject of an Ontario Municipal Board hearing commencing March 2, 1998. It is necessary for Council to take a position on the matter prior to the hearing.

There are two primary issues which remain outstanding for this application. Transportation certification remains to be secured by the applicant to the satisfaction of the City. Staff will report further on this at the statutory public meeting. Secondly, an issue remains between the applicant and the City with respect to the appropriate mix of residential and non-residential uses which the by-law should permit at this location. Staff are seeking authorization to continue discussions prior to the commencement of the OMB hearing in an effort to secure an appropriate Mixed Use employment and residential zoning consistent with Council policy.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

(1) notice be given of the Statutory Public Meeting;

(2) staff be authorized to report on the status of the traffic certification of the application at the statutory public meeting;

(3) PROVIDED THAT TRANSPORTATION CERTIFICATION IS APPROVED staff be authorized and directed to appear before the Ontario Municipal Board concerning the private appeals made by Seneca College in support of the following Recommendations:

Zoning By-law

(a)(i) staff be directed to perfect an implementing zoning by-law which generally complies with the draft by-law attached as Schedule"N" to this report and support it before the Ontario Municipal Board,

(ii) Council request that the Ontario Municipal Board approve such a by-law only after the City has notified the Board that Seneca College has executed a site plan agreement with the City. This is an amendment to the existing site plan approval, for a four storey building, as amended herein (ref. no. UDSP-90-109) and the matters described in Schedule "F" of this report. The concept plan and existing site plan approval together form a master site plan approval. Each phase will be subject to separate detailed site plan approval,

(iii) prior to Board Order for the zoning by-law comes into effect, the Owner shall pay to the City in cash or certified cheque, the Yonge Centre Development Charges in accordance with Council policy as amended from time to time,

(iv) the Owner shall pay to the City in cash or in certified cheque, on or before Building Permit issuance, the City-wide and Hydro Development Charges and the Sewer and Water Services Development Charge, and the Sheppard Subway Development Charge, in accordance with Council policy as amended from time to time;

General

(b) the applicant shall satisfy:

(4) staff be authorized to finalize technical modifications to the draft by-law consistent with the intent of this report and continue to discuss alternative proposals with Seneca College prior to the Ontario Municipal Board hearing; and

(5) the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Background:

The subject property is located in the Downtown of the North York Centre and is subject to the policies of Part D.1 and D.2 of the Official Plan. Council has adopted an amendment to this Secondary Plan, the North York Centre Secondary Plan (OPA 447), which is now before the Minister of Municipal Affairs and Housing for approval.

A base pre-zoning will allow Seneca to address responses to its Request for Expressions of Interest Phase 1 Proposal Call document for the property development of the site. The site is vacant and has been temporarily expropriated for use as a construction staging area and for the installation of temporary tiebacks for the construction of the Sheppard Subway until approximately 2001.

In 1988 the College made application for approval of Official Plan Amendments and Rezoning to permit a 23 storey office building and a new 4 storey college facility. This application was not perfected by the applicant and has not been replaced with a new development application. The applicant has, however, provided revised statistics for what it seeks to achieve in its zoning.

For the purposes of this report, the 1988 development concept is taken as a demonstration plan of the most intensive use of the property which could occur. Based upon an analysis of this concept, and the revised statistics submitted by the applicant, staff have developed urban design principles and performance standards appropriate to the development of this property. In the absence of new plans and drawings, the Department has relied upon current performance standards for development in the North York Centre, as these have been reflected in comparable sites within the Downtown and as they have recently been endorsed by Council in its adoption of OPA 447 - a new Secondary Plan for the North York Centre.

1.0 Proposal

At this time, a zoning by-law amendment to achieve a base level of zoning and master site plan are being considered. The application proposes a zoning by-law amendment in order to permit a change in the zoning to C1 (87), General Commercial site specific exception which would allow the following uses:

• apartment house dwellings,
• multiple attached dwellings,
• business and professional offices,
• banks,
• branches of financial institutions,
• hotel,
• day nursery,
• retail and service commercial uses ancillary or accessory to another permitted use,
• college,
• university,
• school,
• commercial school, and
• commercial recreational uses.

The applicant’s proposed zoning will allow a maximum gross floor area of 43,017.64 m² (463,053.17 sq.ft.) on the site representing a density of 4.5 FSI. No Special Density Incentives have been requested as part of the proposal. The original 1988 application did not include residential uses, however, residential uses have now been added to the proposal. The applicant is proposing that the residential component have a maximum floor area of 43,017.64 m² and a maximum unit count of approximately 400 dwelling units.

A concept plan has been submitted, for the purposes of a master site plan approval, which shows 2 buildings, one 26 storeys in height and the other 4 storeys in height (Schedule "C"). The concept plan is being used to test a potential development scenario for the site against the principles of development in this report.

Table 1 below describes the proposed site statistics.

Discussion :

1.0 Location and Existing Site

The 0.95 hectare (2.35 acre) site is located on the south side of Sheppard Avenue East, east of Yonge Street and is located near the intersection of two arterial roads. The subject site has a frontage of 76 metres (250 feet) and a depth of 125 metres (410 feet). It is located on both the existing Yonge Subway Line and the future Sheppard Subway Line, which is expected to open in 2002. The site is also located in close proximity to the interchange between Yonge Street and Highway 401.

At present, the site is vacant. Previously, it was occupied by the Sheppard Campus of Seneca College. The building on the campus has been demolished and the site is used as a construction staging area and for the installation of temporary tiebacks for subway construction until approximately 2001.

A mix of commercial uses and a vacant lot surround the site which is located near to the southeast corner of Yonge Street and Sheppard Avenue East. A vacant lot is located to the south, two office buildings to the east, and the Willowdale Plaza to the west. The remaining three corners of the Yonge Street/Sheppard Avenue East intersection are occupied by a commercial/residential development on the northeast corner (the Sheppard Centre), and vacant lots on both the northwest and southwest corners.

2.0 Context

In 1988, Seneca College submitted an official plan amendment, zoning amendment and site plan applications to permit office, retail, daycare and community college uses. Permission for residential uses was not requested at that time. In 1990, revised plans were submitted in response to comments from City Departments and agencies. Since that time, there have been changes in Official Plan policy and, most recently, in the applicant’s development intentions for the site. The applicant now hopes to achieve base zoning which will permit greater land use flexibility and will permit up to 100% residential uses or 100% commercial or any combination of mixed use.

The original site plan application for a new college on a portion of the site was approved (December 18, 1990) based on the historic zoning of the property. At this time, applications for rezoning as well as the existing site plan approval as amended by the concept plan and attached urban design principles are being considered.

3.0 Planning Controls

3.1 Official Plan:

The Mixed Use designation in the existing Official Plan for the Seneca lands allows mixed commercial, residential, hotel, open space, recreational, institutional, entertainment and cultural uses at a density of 4.5 floor space index. This designation did not limit the gross floor area for residential or commercial uses.

The lands are affected by Amendments to the Official Plan adopted by Council to repeal and adopt and new North York Centre Plan (OPA 447).

A discussion of the current and proposed official plan policies of the Official Plan affecting this property is attached as Appendix "A".

Council’s longstanding commitment, as set out in the Official Plan, is that the Downtown be developed for primarily employment uses and that the Uptown be developed primarily for residential uses. A strong employment component in this location is preferred, as supported in the existing Official Plan and confirmed in OPA 447.

3.2 Zoning By-law

The site has an M2 and MOF(H) zoning. The M2 Industrial (Inside Storage) zone permits residential, public, community, automotive, industrial and institutional uses. The MOF(H) Industrial Office Holding zone permits an office use, with certain restrictions. On September 17, 1997, the property was zoned to C1 which permits residential, certain commercial and institutional uses. The Zoning Amendments have been enacted but are not yet in force. The zoning for the site is shown on Schedule "B".

4.0 Other Department Comments

The application was circulated in April 1989 and March 1990. Confirmation of the March 1990 comments, or revisions to those comments, were requested in November 1996 prior to the commencement of the hearing in May-June of 1997 with respect to OPA 393. The application was circulated again in September 1997 to a limited number of departments and agencies.

The following is a description of the most recent and pertinent comments received from circulated agencies and departments.

The Metropolitan Toronto Planning Department (Schedule "G") advise that opportunities for the provision of affordable housing should be considered so that at least 25% of new residential units are affordable. Approval of this application is subject to confirmation that this development is included in the plan for allocation of the trunk relief sewer capacity. The Traffic Impact Study and the supplementary analysis submitted by the applicant are insufficient to address the concerns of the Metropolitan Transportation Department.

The Metropolitan Separate School Board objects to the development proposal and zoning by-law amendment due to the lack of permanent facilities and overcrowding at St. Edward Catholic School (JK-8), Ecole elementaire catholique Sainte-Madelien (JK-8), Brebeuf College and Loretto Abbey Catholic Secondary Schools. (Schedule "H")

The North York Board of Education has advised that the cumulative student yield from this and other development applications will create accommodation pressures at Hollywood Public School and Bayview Middle School. Students emanating from the proposed development can not be accommodated in Earl Haig Secondary School and may be accommodated at other Board facilities. (Schedule "I")

The Toronto Transit Commission is supportive of plans to redevelop the site to a higher density, although there are several details of the subway project in this area which may affect the design. (Schedule "J")

The North York Transportation Department (Schedule "K") has reserved final consideration on this application until the final traffic certification of this proposal has been provided and accepted by the Department. The status of the applicant’s Transportation Impact Statement and certification will be reported upon at the statutory public meeting.

The North York Parks and Recreation Department has advised that a parkland contribution will be required. If the application is approved subsequent to adoption of a new parkland dedication by-law for the new City of Toronto, the new parkland dedication by-law shall apply. If the application is approved for non-residential uses only, it will be subject to a 2% cash-in-lieu parkland dedication. Any leased or commercial space will be included in the 2% calculation. If Council so chooses to approve a mixed use development on these lands, the residential portion will be subject to an off-site land dedication or cash-in-lieu parkland dedication payment. Additional outdoor amenity space is required in the form of common outdoor space for residential and non-residential development and private outdoor recreational space for residential development. (Schedule "L")

The North York Public Works Department has advised that the sanitary sewage of the proposed development discharges into the Metro Don Trunk Sewer. Metro has advised that the Don Trunk System is at capacity and that there are interim trunk capacities available for future development. The allocation of the Metro Interim Sanitary Trunk capacity for this development is subject to Council approval of this application. (Schedule "M")

5.0 Community Consultation

A community meeting was held on September 11, 1997. The minutes for this meeting are attached as Schedule "O". The primary concern of residents who attended the meeting related to traffic impacts on the nearby neighbourhood. Residents voiced concern over the potential traffic impacts of the development, both during construction and once completed, specifically, how traffic would be kept out of the area. A discussion on traffic and transportation issues follows in section 6.2 of this report.

6.0 Planning Issues

6.1 Land Use

6.1.1 Land Use Mix

The primary outstanding issue between the applicant and staff relates to the land use mix, in particular the percentage of residential uses to be permitted on the site.

In the Official Plan, the Downtown is to be developed for primarily employment uses. The preference for this site is for a strong employment component, as supported in the existing Official Plan and confirmed in OPA 447. Consequently, the proposal by the applicant for full residential permission on this site is not supported and the draft by-law attached as Schedule "N" does not include such permission, but rather limits the residential component to no more than 50% of the total permitted gross floor area.

The land use plan for the Downtown as stated in OPA 447 intends that the nature of the Downtown be a mixed use area with significant commercial nodes in the vicinity and between the Sheppard and North York stations on the Yonge Subway and Sheppard Subway. The subject site is within the Downtown and in very close proximity to these subway stations. The purpose in limiting the residential uses on this and other sites is to ensure that an adequate supply of land for employment uses is provided at key locations, thereby contributing to the establishment of a significant commercial node in this area.

The development application submitted by the applicant for either an entirely residential or for an entirely commercial development can be accommodated under the Long Range Development Levels set out in the Part D.1 Secondary Plan at such time as the Ontario Municipal Board’s Order, approving Official Plan Amendment 393, comes into effect.

Should Council enact the zoning for this property, there is available sewage capacity which can be allocated to this development.

6.1.2 Commercial

Street related retail and service commercial uses are encouraged along arterial roads. The Seneca College site is considered a prime frontage area on an arterial road. Street oriented commercial uses and other uses contributing to the animation of the street are appropriate on lands abutting the Yonge Street and Sheppard Avenue sidewalks. The applicant is proposing that 2,230 m² or 5% of the total GFA permitted on the site be ground floor retail.

6.1.3 Community Services and Facilities

Schools

The North York Board of Education has advised that the anticipated student population can be accommodated.

The Metropolitan Separate School Board has objected to the proposal due to the lack of permanent facilities and overcrowding at its schools. The MSSB has been granted Leave to Appeal the Decision of the Ontario Municipal Board with respect to Official Plan Amendment 393 to the courts. It had requested that lands be set aside for school purposes south of Sheppard Avenue and this request was denied at the OMB.

Community Facilities

It is appropriate that residential development of 100 dwelling units or greater be required to provide a minimum of 1.5 m² per dwelling unit of private indoor recreational space. Council has implemented this performance standard in recent approvals within the Downtown and has proposed this standard as a matter of policy within the official plan.

On-Site Amenity Space

It is appropriate that non-residential development having a gross floor area of 1,000 square metres or greater be required to provide a minimum common outdoor space area equal to 4% of the non-residential floor area or 10% of the lot area attributable to the non-residential uses, whichever is greater. Similarly, residential development of 100 dwelling units or greater can provide a minimum of 1.5 m² per dwelling unit of indoor and private outdoor recreational space. These are performance standards which have been reflected in recent approvals in the Downtown and in the absence of a specific development design by the applicant, it is appropriate to secure these performance standards in the base zoning of this property.

6.2 Traffic Certification

It is the policy of Council not to approve a rezoning for a development having more than 5,000 square metres of total floor space (including transfers and incentives) unless a traffic certification is completed and acceptable to Council and in accordance with the policies of the Official Plan. It must be shown that:

The theoretical capacity provided by major improvements to the Metropolitan Toronto roads and transit networks that may be identified in the future shall be excluded when undertaking the certification until all necessary approvals have been secured and the timing of construction assigned.

The Seneca College application has a total floor space greater that 5,000 square metres, consequently traffic certification is required. For the Seneca lands, road requirements associated with the development in order to achieve its planned density and use will be prescribed by the traffic certification. At this time, traffic certification has not be granted for the application. It will be addressed in a separate report to be forwarded to the February 17, 1998 statutory public meeting of the Community Council.

As of the date of the writing of this report the applicant has not certified the Transportation impacts of this development to the satisfaction of the City. This must be settled prior to the commencement of the OMB hearing or the City will be required to present a case before the Board that the application is premature and should not be approved at all.

The applicant and staff are confident that transportation certification can be successfully demonstrated by the further analysis which has been requested of the applicant. Staff will report on this specific requirement of the Downtown Plan as it relates to this property at the time of the statutory Public Meeting.

6.3 Urban Design

The proposed drawings show how the property can be developed with one potential development scenario which accommodates the proposed uses. The demonstration plan and accompanying urban design principles forms part of a Concept Plan approach to reviewing rezoning applications consistent with the recent approach for the CIBC and Samsor development applications. The Concept Plan approach:

- retains and supplements the existing development approvals that apply to the site. The rezoning application has been accompanied by drawings which show how the site can be developed. The drawings show a potential development scenario which can be used to arrive at urban design principles that will achieve an appropriate development scenario for the site. The drawings and principles are to be secured on title to create a master site plan approval which directs future site plan applications;

- provides sufficient detail in terms of building location, heights and open space areas to ensure conformity with OPA 447 and the existing Downtown Plan including the community impact criteria; and

- provides the opportunity to identify important urban design principles which will be used to guide the review of any subsequent detailed site plan application for the site. The urban design principles will form part of the site plan agreement that will be registered on title. The urban design principles are based on the demonstration drawings as well as the principles contained in OPA 447 and OPA 393.

The drawings are attached (refer to Schedules "C","D" and "E") and have the following characteristics:

- the largest building mass is located towards Sheppard Avenue to provide a strong streetscape presence;

- another building is located on the south portion of the site; and

- access to the site will be from Sheppard Avenue.

Given the preliminary and conceptual nature of the demonstration drawings, design and layout principles have been prepared that could be incorporated into future site plan applications. However, the building design and site layout that is proposed can be modified to accommodate appropriate design elements to achieve the principles listed below. A more detailed description of the principles can be found in Schedule "F". Any site plan approval should incorporate these principles to ensure that subsequent detailed site plan submissions are consistent with the urban design elements that have been recommended as part of OPA 447 and OPA 393. The following urban design principles are to guide future site plan applications:

- definition of the street edge and a strong street presence along Sheppard Avenue;

- an appropriate transition in height towards Sheppard Avenue;

- appropriate outdoor amenity areas; and

- accommodation of the technical requirements regarding servicing and fire routes.

6.3.1 Pedestrian Comfort

Prior to by-law enactment, the applicant shall submit confirmation that an appropriate pedestrian comfort level can be achieved regarding shadow, overview, wind and drifting snow and that the proposal should not significantly reduce the amenities of sunlight and privacy enjoyed by neighbouring properties. A detailed and final assessment to address specific components of the site based on the design principles set out in this report will be necessary for subsequent site plan applications.

6.4 Affordable Housing

The addition of residential uses precipitates the need to ensure that a minimum of 25% of the dwelling units are constructed in accordance with Council Policy regarding affordable housing. The amending zoning by-law will contain a clause to implement this policy.

Conclusions:

It is necessary for Council to take a position on this matter prior to the Ontario Municipal Board hearing schedule for March 2, 1998.

Base zoning can be achieved on this property which allows for development of this site.

Staff’s evaluation of the applicant’s proposal has determined that this type of proposal as modified by these recommendations could satisfy the principles of development required for a Downtown Development. Re-zoning of the property, allowing the owner to respond quickly to vacating of the site by the TTC staging crew, is in the public interest allowing redevelopment to proceed expeditiously with the Subway Station construction.

The performance standards which staff are recommending for this parcel are based on the locational attributes and merits of the site. They make use of the development conventions found in recent Downtown approvals and recently adopted Council policy. In the absence of a specific alternative mix of uses which achieves the objective of securing a strong employment focus at this strategic location at Yonge Street and Sheppard Avenue, these standards are appropriate.

The primary outstanding issue between the applicant and the City is the percentage of residential uses on the site. It is the City’s goal to achieve a strong employment component and mixed use presence at this location as contemplated by the land use plan contained in OPA 447. Staff will continue to discuss this aspect of the proposal with the applicant and are prepared to evaluate options which can achieve this goal. At the time of the statutory public meeting staff will report on any alternative development scenarios.

Contact Name:

Planner: Gwen Manderson

Telephone No.: 395-7117

Fax No.: 395-7155

Bryan Tuckey

ACTING COMMISSIONER OF PLANNING

APPENDIX "A’

43 Sheppard Avenue East

Prior to the approval of the North York Secondary Plan (OPA 447) in September 1997, the Official Plan designation for the Seneca site was Mixed-Use (MU) with a density of 4.5 floor space index. This designation applied to lands located within the Downtown, including the Seneca site, and permitted mixed commercial, residential, hotel, open space, recreational, institutional, entertainment and cultural uses. This designation did not limit the gross floor area for residential or commercial uses.

Official Plan Amendment 393, being an Amendment to permit development on parcels of land within the Downtown, south of Sheppard Avenue and east of Yonge Street, was approved by Council on September 18, 1996. It was approved by the Minister of Municipal Affairs and Housing on October 11, 1996 and was subsequently appealed to the Ontario Municipal Board. A decision regarding OPA 393 was made by the Board in September 1997. Approval of OPA 393 did not in any way amend the Mixed Use land use designation on the site. It did, however, change the location of the Downtown Service Road so that no part of the Seneca property is any longer required to implement it.

Seneca College was a party to the Hearing on Official Plan Amendment 393 to ensure that the development approvals accommodated by the approval of this document would not adversely affect the ability of Seneca College to develop as well.

To address the College’s concerns, OPA 393 added a specific policy, Section 3.14.20, to the Official Plan for this site. Identified as Clause 8 in OPA 393, it amends Part D.2. of the Official Plan. The policy, below, has been changed to reflect the September 1997 decision of the OMB.

The above lands are designated Mixed Use and are assigned a maximum density of 4.5 FSI on Map D.2.1 plus available transfers and special density incentives. Road requirements associated with the development of this site in order to achieve its planned density and use will be prescribed by the traffic certification described in (ii) of this specific policy statement.

In the event that a zoning amendment application intended to implement the current provisions of the Plan on these lands should precede the construction of the Downtown Service Road, despite any other policies to the contrary, the following principles will be applied in finalizing the zoning:

In January 1996 Council adopted a Principles of Development Report for lands south of Sheppard Avenue which committed to working within the development potential of existing and committed development designations and infrastructure.

Recommendation 1(A) as adopted by Council reads:

This approach allowed the Wittington and the Anndale/Crestview applications, which were the subject of the Ontario Municipal Board Hearing on OPA 393 , to be settled without awaiting a further North York Centre Review. Other sites such as the Seneca College property, whose application had been inactive, would await the outcome of the larger Downtown/Uptown review - OPA 447.

Approval of OPA 393 by the OMB did not address the land use designation for this site.

The North York Centre Review resulted in the preparation and approval by Council of the North York Centre Secondary Plan (OPA 447). The Plan changed the designation on the subject site to Downtown Mixed Use-2 which permits commercial, institutional, public parks, recreational, residential and transit terminal uses. The total of all residential uses on the site is not to exceed 50% of the maximum permitted gross floor area of the site. The density on the site is 4.5 floor space index.

OPA 447 confirms Council’s longstanding commitment, as set out in the Official Plan, that the Downtown be developed for primarily employment uses and that the Uptown be developed primarily for residential uses. A strong employment component in this location is preferred, as supported in the existing Official Plan and confirmed in OPA 447. Consequently, the proposal by the applicant for full residential permission on this site is not supported and the draft by-law attached as Schedule "N" does not include such permission, but rather limits the residential component to no more than 50% of the total permitted gross floor area.

The land use plan for the Downtown as stated in OPA 447 intends that the nature of the Downtown be a mixed use area with significant commercial nodes in the vicinity and between the Sheppard and North York stations on the Yonge Subway and Sheppard Subway. The subject site is within the Downtown and in very close proximity to these subway stations. The purpose in limiting the residential uses on this and other sites is to ensure that an adequate supply of land for employment uses is provided at key locations, thereby contributing to the establishment of a significant commercial node in this area.

SCHEDULE "F"

As part of the zoning amendment application the applicant has submitted drawings to provide direction for future development. In reviewing this submission, staff have developed the following urban design principles which are to complement OPA 393 and 447 and guide and direct future site plan applications. Should there be discrepancies between the Demonstration Drawings, including the following urban design principles, and OPA 393 and 447, OPA 393 and OPA 447 shall take precedence unless noted otherwise in the following urban design principles.

i) The built environment (i.e., buildings and other structures) should reflect the prevailing street and block pattern as well as define the form and character of the surrounding spaces.

ii) The yards, heights and massing of buildings should be in scale to adjacent street, stable residential areas and pedestrians. The height, massing and intensity of buildings will generally be focused along Sheppard Avenue.

iii) Street trees and continuous building frontages will be encouraged to create a comfortable human scale and create a sense of spatial containment along the streets.

iv) Buildings shall be designed to be accessed directly from the streets or adjacent outdoor spaces wherever possible. "Gated" developments will be discouraged.

v) Compatible relationships with adjacent properties are to be achieved. As part of the subsequent site plan application this may be accomplished through appropriate building heights, massing, setbacks, architectural and/or landscaping treatments.

vi) The phasing of the development should not unreasonably impair future development of the balance of the block or other nearby sites.

i) Streets are regarded as public open space assets, and buildings should be designed in a manner that maintains animation and interest along the street, and have ground floor uses and front doors that relate to the grade of the street. Building facades should relate to and aid in defining the street.

ii) The relationship of the buildings to private open spaces and publicly accessible open spaces should contribute to the definition of the open space while maintaining an attractive and pedestrian scale environment. Buildings should continue appropriate facades along these areas, include windows allowing for views of the surrounding open space areas, and serve as an extension of the open spaces.

iii) In addition to providing appropriate architectural treatments along the base and shaft of all buildings, the building mass will provide for appropriate skyline treatments.

i) Buildings shall be set back approximately 4 metres from the property line adjacent to Sheppard Avenue in order to create a publicly accessible boulevard approximately 10 metres in width from the roadway. This setback will also establish a build-to line to ensure a continuous building facade.

ii) The setback and build-to line may be modified in order to surround publicly accessible open space.

iii) In order to achieve a pedestrian scale street wall condition along Sheppard Avenue, buildings within 3 metres of the build-to line to be constructed between 8 metres and 25 metres in height.

iv) Along approximately two-thirds of the street frontage of the lot, higher buildings shall be set back 3 metres above that height.

v) Along approximately one-third of the street frontage of the lot, higher buildings may be located to the street frontage provided they have a setback or an architectural treatment such as a cornice at the approximate height of the adjacent lower portion of the building so that the lower portion is delineated from the higher portion of the building.

i) The maximum permitted building heights shall be regulated by the site specific zoning by-law and will address a comfortable human scale and sense of spatial enclosure along Sheppard Avenue. The highest building(s) is encouraged along Sheppard Avenue.

i) The development is to encourage an attractive, convenient and secure pedestrian environment in attractive surroundings that are able to accommodate the demand that can be reasonably expected for pedestrian movement within the site weekdays, evenings and weekends.

ii) Due regard shall be given to such urban design aspects as landscaping, privacy, adequate day-lighting, street lighting by means of underground wiring, street furniture, including such items as external seating, pedestrian lighting and covered walkways, facilities for refuse, mail and telephones, and the overall aesthetic design the site amenities to create spatial interest and variety along the streets.

iii) Projects should be designed to achieve an attractive streetscape in conformity with the City's Streetscape Guidelines.

iv) Focal points, gateways, view corridors and termination of vistas should be created by buildings, structures and landscaping elements to organize the development and provide a variety of points of interest throughout the site.

v) Entrances to loading, service, garbage pickup areas, parking and other similar uses should be hidden to the greatest degree possible from the view of the street.

Streets as Pedestrian Routes:

i) Pedestrian and vehicular routes should generally be well defined. Where such routes are parallel, as in the case with sidewalks and roadways, they should be separated and defined through use of landscaping features, including street furniture and paving textures. Where such routes are combined, as might be the case in driveways or parking areas, landscaping features emphasizing pedestrian safety will be required.

ii) Mechanical equipment, ventilation shafts, and other appurtenances that may be unsightly or generate unacceptable noise levels should, where possible, be located away from pedestrian routes, and be screened by landscaping features or building design and include appropriate sound attenuation measures.

i) The overall design of the site shall incorporate measures which promote a safe environment through proper design of lighting, open spaces and grade related buildings, and which allow overview of the built environment and open space areas. Site plan applications will be reviewed for safety based on the Crime Prevention Through Environmental Design Guidelines

i) The development will promote the safe and convenient movement of pedestrians, goods and vehicles as well as facilitate the movement of persons with physical disabilities. Proposed developments will be reviewed for barrier accessibility based on the Barrier-Free Accessibility Design Guidelines.

i) As part of the subsequent site plan applications, the applicant shall submit documentation which demonstrates that the development satisfies the guidelines and standards relating to wind, sunlight, and shadowing which are appended to the Official Plan at the time of the site plan application.

Streetscaping and Landscaping:

i) Landscaped areas are to provide for sufficient overburden to support proposed large trees and shrubs. Large trees are to be provided wherever possible to define and enhance the public and private open spaces areas.

ii) Landscaping, outdoor furnishings, and pedestrian scale lighting should be co-ordinated to contribute to a consistent, high quality environment. In particular, the planting of trees in the boulevards is encouraged.

iii) The preservation of viable, mature trees is encouraged. Where landscaping is removed to facilitate development, the replacement (with the equivalent size landscaping where possible) and augmentation of landscaping is encouraged.

iv) Council may require, as a condition of site plan approval, that all or part of a development site be landscaped and maintained until construction commences.

v) The streetscape shall be in conformity with the City’s Streetscape Guidelines.

i) Service vehicle access should be designed in a manner that minimizes disruption to traffic flow, pedestrian routes, and sidewalks. Specific locations for off-street parking of couriers and delivery vehicles should be provided to ensure that such vehicles do not block traffic.

ii) Loading areas should be designed to: minimize negative visual impact from the street, ensure that service vehicles do not have to manoeuvre on the street to access or egress the loading area; and to have sufficient area to ensure that service vehicles do not have to queue on the street.

Prior to the issuance of any building permit, the applicant shall obtain site plan approval for the entire site as well as detailed site plan approval for each development phase. The site plan application shall demonstrate that the principles set out above and in OPA 393 and OPA 447 have been achieved. Should the applicant wish to proceed with a detailed site plan application for a portion of the site, the application shall also include an overall master site plan application for the balance of the site. The master site plan and detailed site plan approvals shall among other things:

i) demonstrate that the urban design principles have been satisfied including the urban design principles of OPA 447 and OPA 393;

ii) refine the actual building height, yards, and building envelopes;

iii) allow for consultation with the community through the local Councillor;

iv) include a phasing sequence for any phased development of the site and demonstrate that each development phase will not impair future development of the balance of the site; and

v) demonstrate that the site plan application(s) can accommodate the technical requirements of the municipality regarding loading/service/refuse and recycling collection areas, fire routes, parking, and utilities in a manner which will be hidden to the greatest degree possible from the view of the streets. The site plan application(s) are to include a detailed description of the refuse and recycling storage and collection operations of the residential component to the satisfaction of the municipality.

SCHEDULE "N"

CORPORATION OF THE CITY OF NORTH YORK

A BY-LAW to amend By-law 7625, as amended.

1. Schedule "B" and ""C" of By-law No. 7625, are amended in accordance with Schedule 1 of this by-law.

2. Section 64.23 of By-law No. 7625 is amended by adding the following subsection:

DEFINITIONS

EXCEPTION REGULATIONS

(g) The total "Gross Floor Area" of all permitted uses shall not exceed the sum of 43,018.0 m², of which not more than 50% shall be Residential uses.

(h) Private Indoor Recreational Space Requirement

For residential development, private indoor recreational space equal to a minimum of 1.5 m² per dwelling unit shall be provided.

(i) Common Outdoor Space Requirement for Non-Residential Development

(j) Private Outdoor Recreational Space Requirement for Residential Development

For residential development of 100 dwelling units or greater, private outdoor recreational space equal to a minimum of 1.5 m² per dwelling unit shall be provided.

(k) Maximum Building Height

(i) The maximum height of all buildings and structures shall be no greater than 26 storeys; and

(ii) the maximum height of all buildings or structures shall not exceed the horizontal distance between the building or structure and the Relevant Residential Property Line (RRPL).

(l) Yard Setbacks

(m) Lot Coverage

No maximum coverage.

(n) Lot Depth

No minimum lot depth.

(o) Lot Area

No minimum lot area.

(p) Parking

Notwithstanding Section 15.4 of By-law 7625 as amended, parking for residential and/or non-residential uses shall be provided above or below grade on the same block as the use at the following rates:

(i) Non-residential, except for a college, university or hotel use:

(q) A minimum of 25% of the total number of residential units constructed are to be provided as follows:

(r) Notwithstanding any severance or division of the lands subject to this exception, the regulations of this exception shall continue to apply to the whole of the lands.

3. Section 64.23 of By-law 7625 is amended by adding Schedule C1(87) attached to this by-law.

City Clerk Mayor