Proposed Ontario Municipal Board Settlement -

Official Plan and Zoning Amendment,

Plan of Subdivision and Site Plan Applications -

UDOZ-90-52, UDSB-1231 and UDSP-97-012 -

Don-Greenbelt Development Ltd., 45 Green Belt Drive

and UDOZ-94-14, UDSB-1218 and UDSP-97-124 -

Ghods Builders In Trust, 39 Green Belt Drive - Don Parkway

The North York Community Council recommends:

(1)the adoption of the following Resolution from Councillor Minnan-Wong, Don Parkway:

WHEREAS Don-Greenbelt Development Ltd. (Owner of 45 Green Belt Drive) and Ghods Builders in Trust (owners of 39 Green Belt Drive) have signed a cost sharing and servicing agreement and construction agreement to permit development on the site; and

WHEREAS Don-Greenbelt Development Ltd. (Owner of 45 Green Belt Drive) and Ghods Builders in Trust (owners of 39 Green Belt Drive) have separately signed agreements with the local ratepayer association regarding built form; and

WHEREAS after a significant hearing process, the only outstanding matters involve the City, Ghods Builders in Trust and Don-Greenbelt Developments Ltd.; and

WHEREAS the final modifications to the Official Plan and Zoning By-law attached as Appendices to Supplementary Report No. 4 are supported by the City, Ghods Builders in Trust and Don-Greenbelt Developments Ltd.;

THEREFORE BE IT RESOLVED THAT Supplementary Report No. 3 (June 8, 1999) from the Acting Director, Community Planning, North District, and the Director, Parks and Recreation, North District and Supplementary Report No. 4 (June 22, 1999) from the Acting Director, Community Planning, North District, to resolve matters at the Ontario Municipal Board, be adopted;

AND BE IT FURTHER RESOLVED THAT the contents of the Official Plan Amendment, and By-law attached hereto are satisfactory.

(2)that the appropriate city officials be authorized and directed to take the necessary action to finalize the draft plan of subdivision at the June 30, 1999, Ontario Municipal Board hearing, along with such modifications as the Ontario Municipal Board may find appropriate.

The North York Community Council submits the following Supplementary Report No. 4 (June 22, 1999) from the Acting Director, Community Planning, North District:

Recommendation:

It is recommended that:

(1)the City Solicitor be directed to settle the outstanding matters with Ghods Builders in Trust (39 Green Belt Drive) and Don-Greenbelt Developments Ltd. (45 Green Belt Drive) before the OMB on the basis of:

(i)Official Plan Amendment 454, as modified and attached as Appendix "A"; and

(ii)Zoning By-law No. 33116, as modified and attached as Appendix "B".

Comments:

Further to Confidential Supplementary Report No. 3, attached are a proposed Official Plan Amendment which modifies OPA 454 and a proposed Zoning By-law which modifies Zoning By-law No. 33116, both of which implement the recommendation of that report.

The OPA and Zoning By-law are satisfactory to both Ghods Builders in Trust and Don-Greenbelt Developments Ltd.

Contact Name:

Gwen Manderson, Senior Planner

North York Civic Centre

Telephone: (416) 395-7117

Fax: (416) 395-7155

E-mail: gmanders@city.north-york.on.ca

APPENDIX "A"

PROPOSED OFFICIAL PLAN AMENDMENT WHICH MODIFIES OPA 454

(Modifications in bold)

AMENDMENT NO. ______

TO THE OFFICIAL PLAN OF THE

CITY OF NORTH YORK

The following text and schedules constitute Amendment No. 454 to the Official Plan of the City of North York.

ITEM 1

Clause 1

Map C.1 - Land Use Plan - is amended in accordance with Schedules "A" and "B"

Clause 2

Map C.1.2 - Residential Community Map - is amended to include the lands identified on Schedules "A" and "B" within the Don Mills residential community.

Clause 3

Map D.7.1 - Central Don Mills Secondary Plan Area - is amended to include the lands identified on Schedules "A" and "B".

Clause 4

Map D.7.2. - Central Don Mills Parks and Open Space - is amended to include the lands identified on Schedules "A" and "B".

Clause 5

Part C.9 - Specific Development - of the Official Plan is amended by adding the following:

"C.9.206Lands Located at the East End of Green Belt Drive

The lands designated Residential Density Four on Map C.9.206 are intended for a variety of compatible and complementary housing types which are predominately ground related and low-rise in nature. To achieve this objective, the following policies shall apply:

1.0URBAN DESIGN PRINCIPLES

The lands are to be developed with a mix of housing types and size which are designed to complement and enhance the surrounding residential areas of Central Don Mills. In order to accomplish this objective, the residential development shall achieve the following principles:

1.1BUILT FORM

1.1.1.Building Height and Massing

a)the predominate building form shall achieve a ground related housing form where the predominate building height shall be 4 storeys or less.

b)mid rise residential buildings to a maximum building height of 8 storeys may be permitted primarily along the south and north-east portions of the lands.

c)each building will maintain a compatible relationship with neighbouring buildings and properties by ensuring that appropriate setback for all housing types and terracing of mid-rise building heights are incorporated into the site design.

1.1.2Street Relationship

a)ground related residential units with direct sidewalk access shall be encouraged within mid rise residential buildings along the south portion of the lands in order to promote street activity and animation.

b)all residential buildings shall achieve a building design that incorporates appropriate massing, building facade, height, setback and landscaping techniques to achieve a compatible pedestrian scale at street level.

c)a compatible street interaction will be encouraged by ensuring that the heights of the mid rise buildings maintain an appropriate distance from the low rise buildings.

d)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 generally should have front doors that relate to the grade of the street. Building facades should relate to and aid in defining the street.

e)a mix of housing styles shall be achieved by using an appropriate variation in building design and setback relationships to the street. In order to achieve this principle, the residential development shall be consistent with the following:

i)the number of dwelling units within a townhouse building shall be limited in order to minimize the incidence of long building rows and by encouraging well proportioned street and open spaces which ensure light and sun penetration and protection for the pedestrian environment;

ii)a variation in setback relationship to the street shall be provided for individual dwelling units located within a townhouse building in order to minimize monotonous building design and to enhance opportunities for a variation in the design.

1.1.3Open Space Relationship

a)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 to allow for views of the surrounding open space areas and serve as an extension of the open spaces.

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

1.2OPEN SPACE and VIEW CORRIDORS

1.2.1.Linkages and Recreational Facilities

a)the lands shall develop around a central park bordered by public streets, where possible, with appropriate public linkages to provide ease of access from the surrounding residential areas and to enhance views into and through the park.

b)a system of pedestrian linkages along public streets through the lands shall be encouraged. These linkages should be enhanced by providing properly-sized view corridors to the valley system.

c)private indoor and outdoor recreational facilities shall be encouraged to serve the needs of future residents.

1.2.2Landscaping and Tree Preservation

a)landscaping, outdoor furnishings, and pedestrian scale lighting should be coordinated to contribute to a consistent, high quality landscaped environment. In particular, the planting of trees and shrubs in the boulevards and on private lands is encouraged, as appropriate.

b)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.

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

1.2.3Focal Points

The street and building massing should act to reinforce a variety of interesting view corridors. Focal points and the termination of vistas should be created by buildings, building elements and landscape elements using their massing and orientation to organize the space and provide a variety of points of interest throughout the site. In particular, views to the valley are encouraged.

1.3Security

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.

1.4Barrier-Free Accessibility

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-free accessibility based on the Barrier-Free Accessibility Design Guidelines.

1.5Service Areas

a)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 delivery and service vehicles should be provided to ensure that such vehicles do not block traffic.

b)entrances to loading, service, waste and recycling pickup areas, parking and other similar uses should be hidden to the greatest degree possible from the view of the street.

c)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.

d)loading areas should be designed to 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.

1.6The city will consent to the addition of a further modification at this portion of the OPA which describes the settlement agreement between the two developers with respect to the shared construction of an access road along their mutual boundary as presented to the OMB.

2.0DENSITY

The maximum permitted density for all the lands shown on Map C.9.206, excluding lands designated Valley Open Space shall be 1.3 FSI.

3.0PERMITTED USES

In addition to the uses permitted within the Residential Density Four designation, residential buildings located adjacent to lands zoned for industrial may contain home office uses. Home office uses are limited to business and professional office uses which are accessory to the main residential use of the dwelling.

The only permitted uses on the lands with an "H" appended to the zone symbol shall be surface parking, landscaping and open space uses.

4.0HOLDING ZONE

In order to protect for the standard railway safety setback of 30 metres and for the future potential expansion of GO Transit commuter facilities along the abutting railway line to the south of the lands, the implementing zoning by-law shall, in accordance with Section 36 of the Planning Act 1990, append to these lands a holding symbol "H" to the zone symbol.

Council shall remove the holding symbol "H", in whole or in part, by amendment in accordance with Section 36 of the Planning Act 1990, when the following conditions are met to the satisfaction of Council:

a)GO Transit has advised Council in writing that the lands containing the "H", in whole or in part, are no longer necessary for the expansion of commuter rail facilities; and,

b)CPR has advised Council in writing that the lands containing the "H", in whole or in part, are no longer necessary for safety setback reasons provided that other safety measures are used to safeguard the development of the lands to the satisfaction of Council in consultation with CPR; or

c)In the event that the holding symbol "H" has remained appended to the zone symbol for a period of five years commencing September 20, 1996 without a firm commitment from GO Transit to an expansion of commuter rail facilities affecting the lands, then Council may consider removing the holding symbol "H", in whole or in part, in the absence of the written confirmation required by (a) above, provided that the other conditions regarding the removal of the "H" have been met to the satisfaction of Council; and

d)Council is satisfied that the lands will develop in accordance with the policies set out in this Plan.

APPENDIX "B"

PROPOSED ZONING BY-LAW WHICH MODIFIES ZONING BY-LAW 33116

(Proposed Modifications Underlined)

CORPORATION OF THE CITY OF NORTH YORK

BY-LAW NO.________

A BY-LAW to amend By-law No. 7625.

THE COUNCIL OF THE CORPORATION OF THE CITY OF NORTH YORK, PURSUANT TO SECTION 34, OF THE PLANNING ACT R.S.O. 1990, ENACTS AS FOLLOWS:

1.Schedules "B" and "C" of By-law No. 7625 are amended in accordance with Schedules 1 and 2 of this By-law.

2.Section 64.16 of By-law No. 7625 is amended by adding the following subsection:

"64.16 (17)RM1(17)

PERMITTED USES

(a)In addition to the uses permitted in the RM1 Zone the following uses are permitted:

semi-detached dwellings;

home office uses provided that such uses are within dwellings that are located adjacent to an industrial zone.

DEFINITIONS

(b)For the purpose of this exception, "home office uses" are defined as business and professional offices that:

(i)do not occupy more than 30 percent of the total gross floor area of the dwelling unit; and

(ii)are conducted only by a member or members of the household who reside in the dwelling unit and which is their principal residence.

EXCEPTION REGULATIONS

(c)Gross Floor Area

The maximum gross floor area for all lands zoned RM1(17) and RM6(85) shall be 59,076 square metres.

(d)Floor Area

The maximum floor area for all lands zoned RM1(17) and RM6(85) shall be 54,000 square metres.

(e)Building Height

The maximum building height shall be four storeys.

(f)Dwelling Units

(i)The maximum number of dwelling units shall be 183.

(ii)The maximum number of dwelling units within each multiple attached dwelling shall be 9 provided that a multiple attached dwelling that abuts an RM6(85) Zone and has lot frontage that faces all or part of an RM6(85) Zone may have a maximum of 11 dwelling units.

CITY CONSENTS TO THE OMB RESERVING ITS DECISION ON CLAUSE (f)(ii) pending a recommendation report on appropriate conditions of site plan approval.

(g)Yard Setbacks

The minimum yard setbacks to a lot line shall be as follows:

(i) Front Yard Setback to a dwelling unit - 3 metres provided that no more than 60 percent of the dwelling units within a multiple attached dwelling and no more than three adjoining dwelling units shall have the same front yard setback to a dwelling unit.

CITY CONSENTS TO THE OMB RESERVING ITS DECISION ON CLAUSE (g)(i) pending a recommendation report on appropriate conditions of site plan approval.

(ii) Front Yard Setback to a garage - 5.5 metres.

(iii) Rear Yard Setback - 5.5 metres.

(iv)Side Yard Setback - 1.5 metres.

(h)Dwelling Width

The minimum width of a dwelling shall be 4 metres provided that no more than 60 percent of the dwelling units within a multiple attached dwelling and no more than three adjoining dwelling units shall have the same dwelling width.

CITY CONSENTS TO THE OMB RESERVING ITS DECISION ON CLAUSE (h) pending a recommendation report on appropriate conditions of site plan approval.

(h)Parking

(i)For dwellings having individual driveway access from the street, a minimum of one parking space per dwelling unit shall be unenclosed and directly accessible from the street.

(ii)Parking spaces shall have a minimum length of 5.5 metres.

(iii)Parking spaces may be located underground and anywhere on the lot.

(iv)There shall be no additional parking requirement for home office uses.

(i)There shall be no requirements for minimum landscaping area, lot area, street frontage, floor area per dwelling unit, distance between buildings and maximum lot coverage.

(j)The provisions of this exception, excluding Section 64.16(17)(h), shall apply collectively to the lands zoned RM1(17) notwithstanding their future severance, partition or division for any purpose."

3.Section 64.20-A of By-law No. 7625 is amended by adding the following subsection:

"64.20-A(85)RM6(85)

PERMITTED USES

(a)In addition to the uses permitted by the RM6 Zone, all uses permitted within the RM1(17) Zone are also permitted subject to the provisions of that Zone.

(b)Where an "H" holding symbol is appended to the zone symbol, permitted uses shall be limited only to open space uses that are not located within a building.

DEFINITIONS

(c)For the purpose of this exception, "Apartment House Dwelling" shall mean a building containing more than four (4) dwelling units where each unit has access from an internal corridor or access from the outside, or any combination thereof.

(d)For the purposes of this exception "lot", for the purposes of determining gross floor area of any building or structure, is deemed to be all of the lands zoned RM1(17) and RM6(85) inclusive of lands with an "H" holding zone appended.

EXCEPTION REGULATIONS

(e)Gross Floor Area

The maximum gross floor area for all lands zoned RM1(17) and RM6(85) shall be 59,076 square metres.

(f)Floor Area

The maximum floor area for all lands zoned RM1(17) and RM6(85) shall be 54,000 square metres.

(g)Building Height

The maximum building height shall be eight storeys not including roof top mechanical and indoor recreation amenity space which shall not exceed 5 metres in height and shall not exceed 30 percent of the floor area of the roof top.

(h)Dwelling Units

(i)The maximum number of dwelling units shall be 192.

(ii)A minimum of 25 percent of the total number of dwelling units that are located within buildings containing not less than 20 dwelling units shall have a maximum gross floor area of 70mē for a one bedroom unit, 80mē for a two bedroom unit and 120mē for a three bedroom unit.

(i)Recreational Amenity Area

A minimum indoor recreational amenity area for all apartment house dwellings shall be provided equal to 1.5 square metres per dwelling unit.

(j)Yard Setbacks

The minimum yard setbacks for apartment house dwellings shall be as follows:

(i) Front Yard Setback - 0 metres

(ii) Rear Yard Setback - 20 metres

(iii) Side Yard Setback - no less than the distance equal to the building height of the exterior wall of the apartment house dwelling that is nearest to that side lot line.

(iv)There shall be no minimum yard setbacks for parking structures.

(k)Distance Between Buildings

(i)For that portion of an apartment house dwelling having a building height of 4 storeys or less, the minimum distance between that portion of the apartment house dwelling and a dwelling unit other than an apartment house dwelling shall be 3 metres.

(ii)For that portion of an apartment house dwelling having a building height greater than 4 storeys, the minimum distance between that portion of the apartment house dwelling and a dwelling unit other than an apartment house dwelling, measured from that portion of the apartment house dwelling in a perpendicular line, shall be no less than the distance equal to that portion of the apartment house dwelling which is greater than 4 storeys.

(l)Parking

(i)Parking spaces shall have a minimum length of 5.5 metres.

(ii)Parking spaces may be located underground.

(m)There shall be no requirements for minimum landscaping area, lot area, lot frontage, maximum lot coverage and distance between buildings.

(n)The provisions of this exception, excluding Section 64.20-A(85)(i) and Section 64.20-A(85)(j) shall apply collectively to the lands zoned RM6(85) notwithstanding their future severance, partition or division for any purpose."

4.Section 64.16 of By-law No. 7625 is amended by adding the following subsection:

"64.16 (10)RM1(10)

PERMITTED USES

(a)In addition to the uses permitted by the RM1 Zone:

(i)the permitted uses shall include semi-detached dwellings;

(ii)where an "H" holding symbol is appended to the zone symbol, the permitted uses shall be limited only to open space uses that are not located within a building.

EXCEPTION REGULATIONS

(b)Gross Floor Area

The maximum gross floor area for all lands zoned RM1(10) and RM6(84) shall be 49,715 square metres.

(c)Floor Area

The maximum floor area for all lands zoned RM1(10) and RM6(84) shall be 47,370 square metres.

(d)Building Height

The maximum building height shall be four storeys.

(e)Dwelling Units

(i)The maximum number of dwelling units shall be 102.

(ii)The maximum number of dwelling units within each multiple attached dwelling shall be 9 provided that a multiple attached dwelling that abuts an RM6(84) Zone and has lot frontage that faces all or part of an RM6(84) Zone may have a maximum of 11 dwelling units.

THE CITY CONSENTS TO THE OMB RESERVING ITS DECISION ON CLAUSE (e) (ii) pending a recommendation report on appropriate conditions of site plan approval.

(f)Yard Setbacks

The minimum yard setbacks to a lot line shall be as follows:

(i) Front Yard Setback to a dwelling unit - 3 metres provided that no more than 60 percent of the dwelling units within a multiple attached dwelling and no more than three adjoining dwelling units shall have the same front yard setback to a dwelling unit.

THE CITY CONSENTS TO THE OMB RESERVING ITS DECISION ON CLAUSE (f) (i) pending a recommendation report on appropriate conditions of site plan approval.

(ii) Front Yard Setback to a garage - 5.5 metres.

(iii) Rear Yard Setback

abutting top of bank as established by the Toronto Region Conservation Authority all as shown on Schedule"B"- minimum 10 metres

Other - minimum 5.5 metres.

(iv)Side Yard Setback - 1.5 metres.

(g)Dwelling Width

The minimum width of a dwelling shall be 4 metres provided that no more than 60% of the dwelling units within a multiple attached dwelling and no more than three adjoining dwelling units shall have the same dwelling width.

THE CITY CONSENTS TO THE OMB RESERVING ITS DECISION ON CLAUSE (g) pending a recommendation report on appropriate conditions of site plan approval.

(h)Parking

(i)Of the parking spaces required by this exception for dwellings having individual driveway access from the street, a minimum of one parking space per dwelling unit shall be unenclosed and directly accessible from the street.

(ii)Parking spaces shall have a minimum length of 5.5 metres.

(iii)Parking spaces may be located underground and anywhere on the lot.

(iv)There shall be no additional parking requirement for home office uses.

(i)There shall be no requirements for minimum landscaping area, lot area, street frontage, floor area per dwelling unit, distance between buildings and maximum lot coverage.

(j)The provisions of this exception, excluding Section 64.16(10)(g), shall apply collectively to the lands zoned RM1(10) notwithstanding their future severance, partition or division for any purpose."

5.Section 64.20-A of By-law No. 7625 is amended by adding the following subsection:

"64.20-A(84)RM6(84)

PERMITTED USES

(a)In addition to the uses permitted by the RM6 Zone, all of the uses permitted by the RM1(10) Zone are also permitted subject to the provisions of that Zone.

(b)Where an "H" holding symbol is appended to the zone symbol, permitted uses shall be limited only to open space uses that are not located within a building.

DEFINITIONS

(c)For the purposes of this exception, "lot", for the purposes of determining gross floor area of any building or structure, is deemed to be all of the lands zoned RM1(10) and RM6(84) inclusive of lands with an "H" holding zone appended.

EXCEPTION REGULATIONS

(d)Gross Floor Area

(i)The maximum gross floor area for all lands zoned RM1(10) and RM6(84) shall be 49,715 square metres.

(ii)deleted

(e)Floor Area

The maximum floor area for all lands zoned RM1(10) and RM6(84) shall be 47,370 square metres.

(f)Building Height

The maximum building height shall be eight storeys not including roof top mechanical and indoor recreation amenity space which shall not exceed 5 metres in height and shall not exceed a 30 percent of the roof top floor area.

(g)Dwelling Units

(i)The maximum number of dwelling units shall be 302.

(ii)A minimum of 25 percent of the total number of dwelling units that are located within buildings containing not less than 20 dwelling units shall have a maximum gross floor area of 70mē for a one bedroom unit, 80mē for a two bedroom unit and 120mē for a three bedroom unit.

(iii)The total number of dwelling units required by section 64.20-A(84)(e)(ii) may be located within buildings on lands zoned RM6(84) that are adjacent to a railway.

(h)Recreational Amenity Area

A minimum indoor recreational amenity area for all apartment house dwellings shall be provided equal to 1.5 square metres per dwelling unit.

(i)Yard Setbacks

The minimum yard setbacks for apartment house dwellings shall be as follows:

(i)Front Yard Setback - 0 metres.

(ii)Rear Yard Setback - 10 metres.

(iii)Rear Yard Setback to a railway - 20 metres

(iv)Side Yard Setback - no less than the distance equal to the building height of the exterior wall of the apartment house dwelling that is nearest to that side lot line.

(v)There shall be no minimum yard setbacks for parking structures.

(j)Distance Between Buildings

(i)For that portion of an apartment house dwelling having a building height of 4 storeys or less, the minimum distance between that portion of the apartment house dwelling and a dwelling unit other than an apartment house dwelling shall be 3 metres.

(ii)For that portion of an apartment house dwelling having a building height greater than 4 storeys, the minimum distance between that portion of the apartment house dwelling and a dwelling unit other than an apartment house dwelling measured from that portion of an apartment house dwelling on a perpendicular line shall be no less than the distance equal to that portion of the apartment house dwelling which is greater than 4 storeys.

(k)Parking

(i)Parking spaces shall have a minimum length of 5.5 metres.

(ii)Parking spaces may be located underground.

(l)There shall be no requirements for minimum landscaping area, lot area, lot frontage, maximum lot coverage and distance between buildings.

(m)The provisions of this exception, excluding Section 64.20-A(84)(h) and Section 64.20-A(84)(i) shall apply collectively to the lands zoned RM6(84) notwithstanding their future severance, partition or division for any purpose."

6.Section 64.21 of By-law No. 7625 is amended by adding the following subsection:

"64.37(19)O1(19)

PERMITTED USES

(a)The only permitted uses are open space uses that are not located within a building."

7.Schedule "Q" to By-law No. 7625 is amended by including the lands identified on Schedules 1 and 2 to this By-law as part of the Greenland neighbourhood.

ENACTED this day of , 1999.

___________________________________________________________________

City ClerkMayor

________-

The North York Community Council also submits the following Supplementary Report No. 3 (June 8, 1999) from the Acting Director, Community Planning, North District, and the Director, Parks and Recreation, North District:

Purpose:

The purpose of this report is to obtain Council's authorization to resolve matters at the Ontario Municipal Board involving Don-Greenbelt Development Ltd., (owner of 45 Green Belt Drive) Ghods Builders in Trust (owner of 39 Green Belt Drive), the Don Mills Residents Association and the City of Toronto. The land holdings abut and are referred to as "the site".

The two developers, Don-Greenbelt Development Limited and Ghods Builders in Trust, have signed settlement agreements with each other and the community which settle the form, density and general nature of development. The only outstanding matter involves the City, Ghods Builders in Trust, and Don-Greenbelt Development Limited. This report proposes certain modifications for Council's approval that do not appreciably impact on Council's original approval for the site.

At this time, there are two outstanding matters yet to be settled between the City, Ghods Builders in Trust, and Don-Greenbelt Development Limited; relocating a portion of the central park to a location on the site adjacent to the Valley Open Space and a request by the developers to increase the gross floor area on the site without increasing the above grade floor area or unit count Council approved. In this regard, a settlement proposal has been put forward by Ghods Builders in Trust and Don-Greenbelt Limited to the City which proposes modifications to OPA 454 and the Zoning By-law No. 33116. The proposed modifications are described in the following sections of the report. The developers have, without prejudice, consented to the modifications proposed.

Recommendations:

It is recommended that:

(1)the City Solicitor be directed to settle the outstanding matters with Ghods Builders in Trust (39 Green Belt Drive) and Don-Greenbelt Developments Limited (45 Green Belt Drive) before the OMB on the basis of this report which provides for:

(a)modifications to Official Plan Amendment 454 to

(i)relocate a portion of the park as generally described in this report and shown in Schedule "A";

(ii)recognize a revised road pattern; and

(iii)increase the maximum permitted FSI from 1.25 to 1.3;

(b)modifications to Zoning By-law No. 33116 to:

(i)increase the maximum gross floor area for all uses in the By-law to 59,076 square metres for 39 Green Belt Drive and 49,715 square metres for 45 Green Belt Drive;

(ii)maintain a maximum floor area for all uses of 54,000 square metres for 39 Green Belt Drive and 47,370 square metres for 45 Green Belt Drive, as approved by Council;

(iii)regulate the gross floor area for Building 'A' apartment building at 45 Green Belt Drive as part of the maximum overall gross floor area and overall floor area for the site within the building envelopes approved by Council;

(iv)relocate a portion of the park as generally described in this report and shown in Schedule "B"; and

(v)recognize a revised road pattern;

(2)staff be authorized to do all things necessary to make the changes to effect these modifications to OPA 454 and Zoning By-law No. 33116 as may be required;

(3)the Ontario Municipal Board be requested to dispose of such other technical matters which are distinct from the terms of this settlement and as may have formed part of the hearing based on the technical merits of the evidence presented to it; and

(4)prior to presenting detailed recommendations for site plan approval to the Ontario Municipal Board, that staff report further on the appropriate conditions and plans and drawings as soon as possible for both developments, separately or together, as each of the applicants perfect their plans.

Background:

Applications were received from both developers by the former City of North York in the spring of 1994 and were approved in December of 1996.

The lands are located as shown on Schedule "A".

Separate private appeals of official plan amendments for both sites were made in April, 1996 (39 Green Belt Drive) and July 1997(45 Green Belt Drive). In September 1997, an appeal was made by Don-Greenbelt for 45 Green Belt Drive of their zoning amendment application.

The plan of subdivision and site plan applications for 39 Green Belt Drive were appealed in May 1997 and April 1997 respectively by Ghods Builders in Trust. For 45 Green Belt Drive, both the subdivision and site plan applications were appealed in September 1997 by Don-Greenbelt Developments Limited.

In October 1997, North York Council approved Official Plan Amendment 454 and Zoning By-law Amendment 33116 for the lands located at 39 and 45 Green Belt Drive.

The referrals have been the subject of approximately 6 weeks of hearing time at the OMB, over a period of one and a half years. The most recent portion of the hearing was completed on April 22, 1999. The hearing is scheduled to continue for two days on June 30 and July 2, 1999.

The parties to the hearing are Don-Greenbelt Development Limited, Ghods Builders in Trust, Mr. Karl Frank, the Don Mills Residents Association and the City of Toronto.

Comments:

Proposed Relocation of Parkland on 45 Green Belt Drive

Council's approval of the applications for 45 Green Belt Drive required a 5% parkland dedication of 0.2 hectares (0.495 acres) and an additional parkland dedication of 0.12 hectares (0.3 acres), expanding the existing central park to 0.3232 hectares (0.798 acres). Don Greenbelt proposes moving 0.068 hectares (0.168 acres) of the parkland dedication from its central location to one adjacent to the valley open space on the northern portion of the site. The land left "vacant" by the relocation of the small portion of the parkland dedication adjacent to the central park is to be used for residential townhouse development.

The Parks and Recreation Division of the Economic Development, Culture and Tourism Department do not object to the Don-Greenbelt proposal of moving 0.068 hectares (0.168 acres) of parkland because removing an area of this size will not materially affect the function of the main park and, it will provide an opportunity to provide a second park area, smaller in size, which diversifies the parkland needs of the community in addition to the larger central park area. All of the conditions regarding parkland conveyance previously approved by Council shall continue to apply.

Should Council concur with the modification proposed by the applicant, Schedule "B" of OPA 454 and Schedule "2" of Zoning By-law No. 33116 would have to be revised at the OMB.

Proposed Changes to the Gross Floor Area Calculations for 39 and 45 Green Belt Drive

Council approved a gross floor area of 54,000 m² for 39 Green Belt Drive, and 47,370 m² for 45 Green Belt Drive, as found in Zoning By-law 33116. The maximum density on the site in OPA 454 is 1.25 FSI.

The applicants have advised that the building statistics given the City have been expressed as floor area, not gross floor area. The implication of expressing the numbers as gross floor area is that the basement floor areas have now been included in the by-law thereby decreasing the floor area of the units on both sites. Don Greenbelt has also indicated that the floor area requirements for their Apartment Building 'A', which at present is limited to a maximum gfa in the By-law, are still being

refined. They have requested that this distribution of density be refined through the site plan process.

Zoning By-law No. 7625 defines "floor area" as follows:

" 'Floor Area' shall mean the total area of all of the floors of a building contained within the outside walls excluding, in the case of a dwelling, any private garage, porch, verandah, sunroom, unfinished attic, basement or cellar."

Zoning By-law No. 7625 defines "gross floor area" as follows:

" 'Floor Area, Gross' shall mean the total area of all of the floors in a building above or below grade measured from the outside of the exterior walls but excluding car parking areas within the building."

To address their problem and settle this matter before the OMB, it is proposed that both gross floor area and floor area should be expressed in the by-law. The existing numbers in By-law 33116 (54,000 square metres for 39 Green Belt Drive and 47,370 square metres for 45 Green Belt Drive) will not change, but will be expressed as floor area. We recommend that an increased gross floor area, 59,076 square metres for 39 Green Belt Drive and 49,715 square metres for 45 Green Belt Drive, be permitted. The difference between these numbers accommodates basement areas not included in the definition of floor area.

These technical changes should not result in any alteration to the built form, massing or distribution of density as previously reviewed by Council.

Should Council concur with the modification proposed, Zoning By-law 33116 would be revised at the OMB to use "floor area" for the existing numbers and include new numbers for "gross floor area", and reflect the new park location. OPA 454 would be modified to increase the permitted density on the site from 1.25 FSI to 1.3 FSI, a difference of .05 FSI.

Site Plan Approval:

At the commencement of the hearing, all parties consented to defer consideration of site plan matters until the Ontario Municipal Board has settled the matters relating to official plan, zoning and subdivision. The hearing will reconvene at a later date to do this.

With the recommendations of this settlement allowing the regulation of the floor area for Apartment Building 'A' on the Don Greenbelt site to be settled through site plan rather than through a zoning regulation establishing a limit at this time, Council should be satisfied that the distribution of the density on the overall site conforms with the building envelopes which are established in the by-law regulating height and yards. These matters should be reported upon prior to the recommencement of the hearing.

Conclusions:

Correspondence from Don-Greenbelt Development Limited and Ghods Builders in Trust are attached as Schedules "A" and "B".

After a significant hearing process, these final modifications which are supported, will bring the hearing to an end. The configuration of the parks plan maintains Council's intent for a significant central park. The relocation of some of the table lands as park, adjacent to the valley lands system, is appropriate. The redefinition of the existing figures in the by-law do not change the built form approved by Council. New figures for gross floor area marginally increase the density on the site.

Contact Name:

Gwen Manderson, Senior Planner

North York Civic Centre

Telephone: (416) 395-7117

Fax: (416) 395-7155

(A copy of the Schedules and Appendices referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)