725 Wilson Inc. v. Toronto (City), 2021 CanLII 69334

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 27, 2021

CASE NO(S).: PL171416

The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 725 Wilson Inc.

Subject: Proposed Official Plan Amendment No. 362

Municipality: City of Toronto

OMB Case No.: PL171416

OMB File No.: PL171416

OMB Case Name: 725 Wilson Inc. v. Toronto (City)

Heard: June 8, 2021 by video hearing

APPEARANCES:

Parties	Counsel
725 Wilson Inc.	Alex Lusty
City of Toronto	Mark Crawford
Dymon Investments Limited	Matt Schuman
Costco Wholesale Canada Limited	Roslyn Houser
First-Long Weekend Development Inc.	Johanna Shapira
D & L Group Limited, Antinori Construction Ltd. and Grazia Maria Antinori	Sylvain Rouleau

MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON JUNE 8, 2021 AND ORDER OF THE TRIBUNAL

1This was a settlement hearing in the matter of an appeal by 725 Wilson Inc. (the “Appellant”) from the adoption of Official Plan Amendment No. 362 (“OPA 362”). OPA 362 is a planning framework to guide the revitalization of the Dufferin-Wilson Regeneration Area.

2The parties engaged in Tribunal-led mediation and reached a settlement. The proposed settlement effects modifications to OPA 362 as detailed in Attachment 1 to this Order.

3By way of background, OPA 362 results from the Dufferin-Wilson Regeneration Area Study (the “Study”) and applies to the area bounded by Dufferin Street to the west, Wilson Avenue to the north, the retail centre known as the Downsview Power Centre to the east, and Billy Bishop Way and a parcel of land abutting Highway 401 to the south. The Study began in January 2014 and OPA 362 was adopted on November 21, 2017.

4City Planner Ben DiRaimo provided contextual and land use planning evidence and opinion to support the modifications to OPA 362 leading to the settlement. In his opinion, the modifications to OPA 362 represent good planning at all levels of the planning regime.

5Specifically, the modifications to OPA 362 are consistent with the Provincial Policy Statement, 2020 (“PPS”) and conform to the Growth Plan for the Greater Golden Horseshoe, 2019 (“GP”). The modifications being proposed facilitate development that supports an efficient use of land and represents an appropriate scale of development for the surrounding area. It also provides for a compact built form that will contribute to the achievement of a complete community and supports the use of transit.

6The proposed modifications are also in keeping with the objectives of the City’s Official Plan (OP”). These modifications will contribute to the creation of a better urban environment; a competitive local economy; and a more socially cohesive and equitable city through the integration of pedestrian oriented public realm, urban design policies, new streets and pedestrian connections.

7The approved vision for the Dufferin-Wilson area encourages transit supportive development that allows for a diversity of land uses to attract economic growth, and residential and commercial uses that will help create and sustain a vibrant community. The modifications facilitate development that will fit harmoniously into its existing or planned context and will have a limited impact on neighbouring streets, other properties and parks and open spaces. Overall, these modifications will facilitate development that will balance high quality commercial, residential and open space uses that reduce automobile dependency and meets the needs of the local community; locates and masses new development to provide a transitions; adequately limits impacts to light; and provides for an attractive, comfortable and safe pedestrian environment.

8The Tribunal accepts the land use planning evidence and opinions of Mr. DiRaimo and is satisfied that the proposed modifications to OPA 362 is in conformity with and furthers the policy direction and intent of the GP, the PPS and the OP and represents good land use planning.

ORDER

9The Tribunal orders that the appeal is allowed in part, and Amendment No. 362 to the Official Plan for the City of Toronto is amended as set out in Attachment 1 to this Order, and as amended is approved.

10The Tribunal further authorizes the municipal clerk to format the by-law in Attachment 1 as may be necessary for record keeping purposes.

“M.A. Sills”

m.a. sills

vice-chair

Ontario Land Tribunal

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

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.

Attachment "1"

Modified Official Plan Amendment 362

AMENDMENT 362 TO THE OFFICIAL PLAN

lands Located east of Dufferin Street between Wilson Avenue and Highway 401

The Official Plan of the City of Toronto is amended as follows:

1. Map 2, Urban Structure is amended by adding as Employment Areas those lands that are shown on attached Schedule 1 and identified as General Employment Areas within the heavy line that outlines the Site Location.

2. Map 16, Land Use Plan, is amended by re-designating the lands located east of Dufferin Street between Wilson Avenue and Billy Bishop Way from Regeneration Areas to Mixed Use Areas as shown on the attached Schedule 1.

3. Map 16, Land Use Plan, is amended by re-designating the lands south of Billy Bishop Way known municipally in 2017 as 3501 Dufferin Street from Regeneration Areas to General Employment Areas as shown on the attached Schedule 1.

4. Map 16, Land Use Plan, is amended by re-designating a minimum of three (3) metres along the easterly property line of the lands known municipally in 2017 as 3621 Dufferin Street and 719-725 Wilson Avenue, from Regeneration Areas to Parks and Open Space Areas – Other Open Space Areas, as shown on the attached Schedule 1.

5. Schedule 2 of the Official Plan, The Designation of Planned but Unbuilt Roads, is amended by adding the following planned but unbuilt roads:

Street Name	From	To
New 23 metre North/South Link	Wilson Avenue	East of Dufferin Street, south to Billy Bishop Way

6. Chapter 7, Site and Area Specific Policies is amended by deleting the existing Site and Area Specific Policy No. 388 and replacing it with a new Site and Area Specific Policy No. 388 as follows:

7. The Dufferin-Wilson Area

1. VISION

The Vision for the Dufferin-Wilson Area is for a connected community with a balanced mix of land uses where local business can thrive. A green and animated public realm will provide safe and comfortable options for pedestrians and cyclists to get to and from local destinations and public transit. A new public park or publicly accessible open space that can be used by new and existing communities will be the focus of the new neighbourhood and will be designed and have programming suited to surrounding uses and context.

New residential uses, where permitted, will contribute to creating complete communities that enhance existing community services and facilities.

2. LAND USE

a) Schedule 1 'Land Use Map' identifies sub-areas within the Dufferin-Wilson Area:

i. Lands known municipally in 2017 as 3621, 3625, 3633, and 3639 Dufferin Street and 719, 721 and 725 Wilson Avenue are designated Mixed Use Areas.

ii. On lands designated Mixed Use Areas, where residential or mixed use development is proposed, a net gain of non-residential gross floor area is required, either through the retention of existing non-residential gross floor area or the replacement of existing non-residential gross floor area, consistent with the compatibility policies in this plan. On vacant sites, new residential or mixed use development will incorporate at grade and local serving non-residential gross floor area.

The retention or replacement of existing non-residential gross floor area, or the construction of new non-residential gross floor area, will be located within the Dufferin-Wilson Area to ensure it remains a viable place for economic activity.

iii. A minimum three (3) metres of lands designated Parks and Open Space Areas – Other Open Space Areas is required as a buffer along the entire easterly boundary of the Dufferin-Wilson Area from Wilson Avenue to Billy Bishop Way. Uses permitted in the Parks and Open Space Areas – Other Open Space Areas include:

a. a public street;

b. a fence, including acoustic fencing;

c. landscaped space, and private or publicly accessible spaces;

d. pedestrian, transit and cycling facilities and amenities;

e. public art; and

f. any combination of the above.

iv. Lands known municipally in 2017 as 3501 Dufferin Street are designated Employment Areas (General Employment).

v. On lands within Mixed Use Areas, residential and other sensitive land uses will be located and designed to mitigate impacts from, and will demonstrate compatibility with, existing and permitted commercial and other employment uses, and not impede the continuation of existing employment and/or those uses within and outside of the Dufferin-Wilson Area.

Proponents of residential or other sensitive land uses will demonstrate compatibility with existing and permitted commercial and other employment uses, including potential expansions thereto, through the submission of the appropriate noise, dust, air quality, vibration compatibility and traffic studies prepared in accordance with the required provincial policies and guidelines. Such studies will recommend appropriate mitigation measures to achieve such compatibility, including building design features, buffering and separation distance measures. A peer review of such compatibility studies will be required by the City.

The cost of any compatibility studies and mitigation measures shall be borne by the developer, including the cost to peer review the above studies by a professional engineer qualified to conduct the requisite studies.

vi. New non-residential uses on lands designated Mixed Use Areas will be located and designed to demonstrate compatibility with existing and planned residential development, and may be required to submit the appropriate noise, dust, air quality, vibration compatibility and traffic studies, where required. The cost of any compatibility studies and mitigation measures shall be borne by the developer, including the cost to peer review the above studies.

vii. A balanced mix of uses, including residential/live-work uses, are encouraged on lands designated Mixed Use Areas, subject to the compatibility policies of this Plan.

viii. A comprehensive Zoning By-law for the Dufferin-Wilson Area, among other matters, will set out minimum gross density targets to achieve increased residential and employment densities that support and ensure the viability of existing and planned transit and Provincial policies and guidelines.

b) The following uses are prohibited throughout the Dufferin-Wilson Area:

i. Major retail and/or service development with over 6,000 square metres or more of retail and/or service gross floor area. For clarity, this policy does not apply to multi-tenanted, multi-storey buildings;

ii. New auto-oriented development, such as drive-through establishments and stand-alone commercial parking lots; and

iii. Self-Storage Warehouse on lands designated as Mixed Use Areas.

c) Uses that provide amenities for future and existing employees, such as restaurants and cafés, are encouraged throughout the Dufferin-Wilson Area to create an attractive work environment and to support existing employment functions.

3. PUBLIC REALM

Streetscape, Greenway and Landscaping

a) New development proposing residential and/or sensitive land uses within the Dufferin-Wilson Area, that shares a boundary with existing and/or permitted commercial or other employment uses, will provide enhanced landscaping, screening, lighting and noise attenuation/mitigation, where appropriate, to provide for safer movement along these edges and reduce conflicts with service areas.

b) The Dufferin-Wilson Greenway is envisioned as a 23 metre right-of-way that will connect Wilson Avenue to Billy Bishop Way and provide direct and safe connections through the Dufferin-Wilson area and extend the public street network to provide an integrated route for pedestrians and cyclists to the TTC Wilson Station, the retail power centre to the east, and other key destinations outside the Dufferin-Wilson area. The Dufferin-Wilson Greenway will include the lands designated as Parks and Open Space Areas – Other Open Space Area.

c) Street trees will be planted both on the public right-of-way and on private lands, given the important role they play in creating a well-defined, comfortable and inviting pedestrian realm.

d) New development proposing residential and/or sensitive land uses within the Dufferin-Wilson Area, that shares a boundary with existing and/or permitted commercial or other employment uses, will provide enhanced landscaping, screening, lighting and noise attenuation/mitigation, where appropriate, to provide for safer movement along these edges and reduce conflicts with service areas.

e) Landscape medians will be implemented on Dufferin Street and Wilson Avenue, where feasible, to facilitate vehicular access and egress at appropriate locations and improve overall traffic flow.

f) Transit priority measures will be provided where possible and appropriate to enhance transit users' experience.

g) A potential east-west pedestrian and cyclist connection to the lands to the east between Billy Bishop Way and Wilson Avenue will be assessed at the time of site plan application stage for part or all of the abutting lands to the east of the Dufferin-Wilson area and north of Billy Bishop Way.

Public Parks and Other Open Spaces

h) The Dufferin-Wilson Area is in a parkland acquisition priority area as per Chapter 415, Article III, of the Toronto Municipal Code. New development will be subject to the provisions of the City Wide Alternative Rate Parkland Dedication By-law.

i) Parkland dedication requirements for new residential and mixed-use development within the Dufferin-Wilson Area will be satisfied through land conveyance secured through the development approval process and, where appropriate, Section 37 of the Planning Act for park improvements or over dedications to parkland. The size and configuration will be determined during the review of development applications.

j) Lands conveyed as parkland will:

i. Be centrally located within the Dufferin-Wilson Area;

ii. Have generous frontage on public streets to provide good visibility, accessibility, and safe use of the park;

iii. Be of a suitable shape and size to allow for a variety of outdoor activity and passive recreation opportunities for residents, workers and visitors in the Dufferin-Wilson Area;

iv. Be free and clear above and below grade of all physical obstructions and easements, encumbrances and encroachments, including underground parking, surface and subsurface easements;

v. Serve as a focal point and be designed with high quality and sustainable materials;

vi. Provide useable green spaces that provide park users with a range of amenities and experiences and enhance a sense of 'place' in the community; and

vii. Be linked by public streets, mid-block pedestrian and cycling connections and multi-use pathways to create a network of green space, pedestrian and cycling zones.

k) The conveyance of parkland should be phased to occur with redevelopment on individual parcels in the Dufferin-Wilson Area and in particular the development of residential uses in Mixed Use Areas. The conveyance of parkland should form a part of a larger contiguous park as development proceeds.

l) Residual parks, and other publicly accessible spaces, that do not have frontage on public streets and are not of a usable shape and size to provide active and/or passive recreational opportunities will be discouraged.

m) Any land used as a landscape buffer from General Employment Areas or the provision of a setback from transportation infrastructure will not be accepted by the City as parkland dedication.

Privately Owned, Publicly Accessible Open Spaces (POPS)

n) POPS will be encouraged in new development and will be designed to extend and connect the public realm onto development sites in a way that is accessible to members of the public year-round. POPS will not be considered to satisfy any portion of the parkland dedication requirement for development approval.

4. MOVEMENT

Transit, walking and cycling are interrelated components and together with new street connections, will contribute to the provision of a range of sustainable travel options. The transit system, public streets, parks and open spaces, and development in the Dufferin-Wilson Area, will be designed to be consistent with the following transit-supportive policies:

Public and Private Streets, and Highway Interchanges

a) Two new streets, one east-west and north-south, will be provided with development within the Mixed Use Areas in the Dufferin-Wilson Area, as generally shown on the map accompanying this SASP. Development approvals will secure the required street rights-of-way on affected lands as required.

b) New Public streets will be:

i. Secured to provide access and address to development parcels and parks. The exact location and configuration of the streets will be subject to detailed planning, transportation and engineering studies conducted in relation to the approval of adjacent development applications; and

ii. Designed and constructed to City standards and consistent with Council approved guidelines.

c) Conveyance of public streets will occur as follows:

i. If a public street is wholly within one land assembly or development parcel, the full public right-of-way will be conveyed with the approval and construction of the first phase of development on that parcel; and

ii. Where the full width of the road allowance is achieved in two stages dependent upon the approval of separate development applications on separate land assemblies, interim improvements of the first stage may be required, at the discretion of the City.

d) New development proposing residential and/or sensitive land uses within the Dufferin-Wilson Area, that shares a boundary with existing and/or permitted commercial or other employment uses, will provide enhanced landscaping, screening, lighting and noise attenuation/mitigation, where appropriate, to provide for safer movement along these edges and reduce conflicts with service areas.

e) Facilities for pedestrians, cyclists, transit and shared mobility users will be improved as the space within the street planned right-of-way of existing and new streets is reorganized and constructed with development. The organization of space within the planned right-of-way will be guided by Urban Design Guidelines for the Dufferin-Wilson Area to be prepared by the City and adopted by Council, as well as by Complete Street principles.

f) Design features that provide for the safety and comfort of pedestrians and cyclists will be considered in the future design of highway interchanges and grade separated features around these interchanges.

Pedestrians, Cyclists and Transit

g) Cycling infrastructure, including, but not limited to, physically separated bicycle lanes, standard (i.e. painted) bicycle lanes, signed routes and off-street multi-use trails, will be encouraged within the Dufferin-Wilson Area to facilitate increased cycling safety and ridership.

h) Infrastructure for bicycles, including weather protected and easily accessible visitor bicycle parking, will be required in all new development.

i) The location and design of streets, buildings and other facilities will give consideration to the efficient operation of surface transit vehicles and improvement of the transit users' experience.

j) Transit supportive infrastructure, such as pavement markings at key stops, street furniture and security features, will be incorporated into the design of new development and infrastructure projects, where possible, to support existing and growing transit ridership.

k) The public street, parks and open space network will be designed to provide pedestrians and cyclists with direct, accessible, safe, and convenient connections to the transit system and other local destinations. Opportunities to further enhance the network through direct pedestrian connections between the Dufferin-Wilson Area and the lands to the east may be considered in the event of the future redevelopment of the existing retail power centre, where appropriate.

Traffic Demand Management (TDM), Parking and Access

l) Quantitative multimodal transportation assessments and site-related mitigation measures will be required for new development applications and:

i. will demonstrate that sufficient and safe transportation infrastructure exists within the Dufferin-Wilson Area to support new development, and

ii. will outline the TDM measures proposed on site.

m) New vehicular parking facilities will generally be provided below-grade as part of new development.

n) Surface parking for new development will be discouraged in the Dufferin-Wilson Area. Where surface parking is appropriate, it will be organized to reflect sustainable transportation goals, such as providing designated car-sharing spaces and priority parking for eco-friendly and car-pooling vehicles.

o) On street parking will be permitted, where appropriate, to enhance street activity, serve at-grade retail uses, provide a buffer between vehicular traffic and sidewalks and contribute to creating a desirable pedestrian environment.

p) Zoning By-laws implementing the Dufferin-Wilson SASP may reduce parking requirements for development in exchange for dedicated car-sharing or bike sharing facilities, enhanced pedestrian connections to public transit, or other sustainable mobility facilities, if appropriate.

q) Vehicular access for new development on lands designated Mixed Use Areas will be taken from streets other than Dufferin Street and Wilson Avenue where possible, to enhance pedestrian and cycling safety, and help mitigate vehicular traffic on these streets.

r) Access for new development will minimize curb cuts on Dufferin Street, Wilson Avenue and Billy Bishop Way to enhance pedestrian and cycling safety, and help mitigate vehicular traffic on these streets.

5. BUILT FORM AND BUILDING HEIGHT

a) The maximum height of development in Mixed Use Areas in the Dufferin-Wilson Area will be predominantly of a mid-rise form which, generally, is defined as being no higher than the planned right-of-way width onto which it fronts.

b) Notwithstanding the maximum building heights in 5a), development in the Dufferin-Wilson Area will protect for the current and future operations of the Downsview Airport. The implementing Zoning By-law(s), and/or Minor Variance, will restrict the height of buildings and structures in consideration of the flight approach to the airport.

c) Buildings will be set back from Dufferin Street and Wilson Avenue at a distance of 5.0m and 3.0m to the property lines respectively, to allow for enhanced pedestrian amenities, retail spill-out space, landscaping and tree planting.

d) Buildings fronting onto other streets in the Dufferin-Wilson Area other than noted in 5c) will be set back to provide at-grade amenity to support at-grade retail and restaurant uses, and appropriate screening to buffer residential uses at-grade, and will be guided by the street-cross sections in the Dufferin-Wilson Urban Design Guidelines to be prepared by the City and adopted by Council.

e) Development on properties with long frontages on Dufferin Street, Wilson Avenue or Billy Bishop Way Avenue will be divided into multiple building envelopes or with a public street in order to provide breaks in the street wall.

g) New buildings within the Dufferin-Wilson Area will be a minimum of three storeys, subject to the policies in 5b), and include uses on the ground floor which animate the public realm and create places for the public that adds to the vitality of the streetscape.

h) Policy 5 g) above does not apply to the part of the property at 725 Wilson Avenue that fronts onto Dufferin Street provided any building in this location has a minimum height of 6 metres.

I) Pedestrian entrances to new development should provide direct access from the sidewalk.

6. DENSITY

a) New development will be permitted at a level that is supportable and appropriate for the comprehensive planning framework and is balanced with the timely provision of physical and social infrastructure. Proposals for new development will be reviewed comprehensively with scale, massing and density being highest at the Highway 401 interchange.

b) The maximum permitted density on all the lands designated Mixed Use Areas will be 2.5 times the lot area, with the exception of lands covered by Site Specific Policy 11.

c) The maximum permitted density on the lands designated General Employment Areas will be 3.5 times the lot area.

7. INFRASTRUCTURE

a) The Dufferin-Wilson Area will be enhanced to ensure it is attractive and functions well, through investments in key infrastructure outlined in this policy document to support current and future needs.

b) Required municipal servicing infrastructure will be implemented through the submission and approval of individual rezoning applications pursuant to Section 34 of the Planning Act and applications for draft plan of subdivision pursuant to Section 51 of the Planning Act, and Section 114 of the City of Toronto Act, as appropriate.

c) New development will include approaches to mitigate stormwater management as necessary and consistent with the Wet Weather Flow Guidelines and Infrastructure and Basement Flooding Studies related to the area, to the satisfaction of the City.

d) The appropriateness of employing a Holding (H) symbol to ensure servicing infrastructure is secured will be considered during the processing of each application for rezoning received for lands within the Dufferin-Wilson Area.

8. LIVABILITY

a) To ensure the provision of housing suitable for larger households, including families with children, a minimum of 5 percent of units in new residential development will contain at least 3 bedrooms.

b) In accordance with and subject to Section 5.1.1 of the Official Plan where an increase in height and/or density is sought, the provision of affordable housing will be sought as a community benefit.

c) Affordable housing units provided in new development in the Dufferin-Wilson Area will be of the same type and size as market development.

d) Notwithstanding the density permissions in this Plan, where new development generates community benefits under Section 37 of the Planning Act, the provision of the following community services and facilities will be prioritized for delivery in a timely manner:

i. Flexible multi-purpose space to provide for a wide range of programs and services including: community recreation programs, supplemental library space and/or human agency programs;

ii. Capital improvements to library branches servicing the lands within the Dufferin-Wilson Area;

iii. Capital improvements to the Ancaster Community Centre;

iv. Additional parkland and/or above-base parkland improvements to any park within the Dufferin-Wilson Area or within the local community. Above base parkland improvements may include, but not be limited to: play equipment, walkways, tree planting, landscaping, benches and lighting;

v. Child care facilities; and

vi. Affordable Housing.

e) When included in new development in the Dufferin-Wilson Area the provision of space for community services and facilities as identified in section 8.d).i. and 8.d).v. will qualify as non-residential floor area for the purposes of satisfying the land use requirements of Section 2.a.ii of this policy document.

f) The need for additional community services and facilities to serve the residents of the Dufferin-Wilson Area will be monitored through the development review process. Applicants will be required to submit a Community Services and Facilities study during the rezoning process. In particular, the impact of development will be assessed through monitoring of the following:

i. The adequacy of existing school facilities to serve the student population which new residential development may generate. The advice of the Toronto District School Board and the Toronto Catholic District School Board will be sought as to the adequacy of school facilities when considering rezoning applications for proposed residential development.

9. ENVIRONMENT

a) New development will be encouraged to meet the Tier 2 Standards of the City of Toronto Green Development Standards and incorporate sustainable building and landscape design in development.

b) Proponents of development containing residential and other sensitive land uses will be required to demonstrate the proposed development meets all provincial policy and guidelines and their successor guidelines, related to noise, air quality and soil contamination to ensure compatibility with surrounding land uses, to the satisfaction of the City and where necessary, the Province.

10. IMPLEMENTATION

Zoning By-laws, Minor Variance and Consent

a) Zoning By-laws, minor variance, consent, or any other public action will implement the Vision and policies of the Dufferin-Wilson SASP.

Plan of Subdivision, Consent or Conveyance

b) Any division of land will be in conformity with the Dufferin-Wilson SASP and will create land parcels that facilitate development consistent with the intent of this Secondary Plan.

Section 37

c) The priority community facilities identified in Section 8.d) of this policy document will be secured through the development approvals process, including as community benefits contributions, secured through Section 37 of the Planning Act.

Holding 'H' By-laws

d) The appropriateness of using of a Holding (H) symbol pursuant to Section 36 of the Planning Act will be considered during the processing of each application for rezoning received for lands within the Dufferin-Wilson Area. Holding (H) provisions may be applied when land use, built form and density have been determined; however the following matters are required to be resolved prior to development proceeding:

i. The submission of traffic impact studies and functional servicing and stormwater management reports, to the satisfaction of the City that demonstrate sufficient transportation and servicing capacity exists to accommodate the proposed development and/or identify necessary infrastructure improvements to City infrastructure at the cost of landowner(s), including any necessary cost-sharing agreement between landowners.

ii. The submission of studies to the satisfaction of the City that address the extent of any noise, dust, vibration and exposure from both existing and surrounding uses and mitigation measures in accordance with the applicable provincial guidelines.

iii. The implementation of any required noise attenuation or other mitigation strategies will be secured by an appropriate legal binding agreement or agreements between the City and the proponent.

iv. New public streets and infrastructure improvements are secured by an appropriate legal binding agreement or agreements between the City and the proponent.

v. Noise, Dust, Vibration, Air Quality and Airport compatibility studies may be required to the satisfaction of the City and in accordance with Provincial and Federal Guidelines.

Urban Design Guidelines

f) Urban Design Guidelines adopted by Council will serve to implement the site specific vision for the Dufferin-Wilson Area, establish coordinated, high quality development and provide direction for reviewing development applications in the Dufferin-Wilson Area. The guidelines will refer to key matters such as: the creation of a new street and blocks network, open spaces, pedestrian and cycling links, landscaping, streetscape, built form and the environment.

g) The Dufferin-Wilson Urban Design Guidelines adopted by Council will, among matters listed in 10.e), provide guidance for development to support the Public Realm policies in this SASP and illustrate cross sections for future work to be carried out in the public right-of-way for Dufferin Street, Wilson Avenue, Billy Bishop Way and any new streets serving the Dufferin-Wilson Area.

h) Development, including the reconfiguration of existing streets and construction of new streets serving the Dufferin-Wilson Area, will proceed generally in accordance with the Urban Design Guidelines adopted by Council for this Area. The Urban Design Guidelines will also be used as a tool to determine standards that will be included in the Zoning By-law(s) and to evaluate applications for Plan of Subdivision, Consent to Sever, Site Plan Control and Minor Variance.

i) Development will have appropriate and meaningful regard for all Council-adopted urban design guidelines, including but not limited to those that address specific building types such as mid-rise buildings and townhouses.

Municipal Servicing

j) Municipal infrastructure required to support development will be provided on unencumbered municipal lands and will be provided prior to, or concurrent with, development.

General

k) To achieve the Dufferin-Wilson Area Vision identified in Section 1.0, lot consolidation and/or land owner cooperation is encouraged, and in some cases, may be required to deliver the necessary infrastructure to support development and realize the built form, heights and densities proposed in this SASP.

l) In addition to Complete Application requirements in Schedule 3 of the Official Plan, applications to amend the Zoning By-law and applications for Plan of Subdivision, and Consent to Sever that propose sensitive land uses (as defined by the Provincial Policy Statement, 2014) may be required to submit Noise, Dust, Vibration, Air Quality and Airport Compatibility Studies.

m) An Airport Compatibility Study and a study or studies of air quality, noise, dust and/or vibration may also be requested by the City in the evaluation of a site plan control application.

n) Prior to the enactment of any zoning by-law amendment, applicants must:

i. undertake a feasibility analysis and impact assessment as required under the province's D-6 Guidelines for Compatibility Between Industrial Facilities and Sensitive Land Uses and a Noise Impact Study as required under the province's Environmental Noise Guideline, Publication NPC-300 (or other subsequent MOECC guidelines),

ii. undertake any other compatibility study, such as dust, air quality, and/or vibration studies, as required under all applicable regulations, policies, guidelines, and standards, and

iii. through the above-noted studies, demonstrate that the proposed development is compatible with, or can be made to be compatible with through mitigation measures, the existing and permitted commercial and other employment uses (inclusive of potential expansions thereto) within and outside of the Dufferin-Wilson Area.

To the satisfaction of the City.

11. SITE SPECIFIC POLICIES

3621 Dufferin Street

a) Notwithstanding Policy 2(b)(iii), a Holding provision will be contained in the zoning by-law with respect to the lands known in 2017 as 3621 Dufferin Street permitting self-storage warehouse uses and residential and/or office uses in contiguous buildings on these lands provided that information is provided demonstrating to Council's satisfaction that:

i. The land use mix will achieve a minimum of 200 jobs and/or people per hectare;

ii. The proposed self-storage uses are located within a Mixed Use building with residential and/or office uses, and ancillary retail uses, and the proposed self-storage uses consist of less than 50% of the gross floor area of the Mixed Use building; and

iii. The policies in the Plan and this Site and Area Specific Policy can be achieved, including but not limited to the integration of new public street(s), a new public park and affordable housing.

b) The City will remove the Holding (H) symbol from all or some of the lands, only as the associated conditions have been satisfied and matters appropriately secured through an agreement or agreements entered into pursuant to the Planning Act, including Sections 37, 41, 51 and 53, Section 118 under the Lands Title Act, and the City of Toronto Act.

c) Development of this site is to be implemented using the following:

i. A zoning by-law amendment, the enactment of which will be dependent on the execution of a subdivision agreement between the owner and the City for the provision of all the appropriate roads, parkland and services. The determination of any triggers for the imposition and removal of any Holding (H) zones will be dependent on environmental and/or compatibility studies for sensitive uses, and lands conveyed to the City, including a record of site condition and servicing requirements identified through the subdivision and zoning amendment application process.

ii. Subdivision agreements, site plan agreements and Section 37 agreements to secure the services or matters required for the desirable development of the lands and to meet the objectives of this Plan, such as but not limited to, the provision of public infrastructure, pedestrian and cycling infrastructure, appropriate off-site improvements, sanitary and storm sewers, municipal water supply and easements for such facilities and services identified through the subdivision and zoning amendment application process, and consistent with the vision for the Dufferin-Wilson Area.

iii. The submission of a Block Plan indicating the relationship of proposed land uses and buildings, structures and open spaces to adjacent development and development sites, public spaces, roadways and pedestrian routes is required and will demonstrate how the above policies will be achieved in the context of the vision and objectives of this Plan. More specifically, the Block Plan will demonstrate to Council's satisfaction the:

a. Proposed massing of buildings, including heights, setbacks, distribution of density, and appropriate separation distances to Employment Areas and/or transportation corridors, and compatibility with the Downsview Airport.

b. Proposed land use mix will achieve a minimum of 200 jobs and/or people per hectare.

c. Location, dimension and character of privately accessible public open spaces, pedestrian and cycling routes, showing their continuity and complementary relationship to adjacent planned and existing public spaces, pedestrian routes and streets.

d. General location, size and treatment of surface parking facilities and vehicular access points in sufficient detail to identify locations where parking amongst different building sites or uses may be shared and to assess the effect of these facilities on public spaces, parks, public sidewalks and pedestrian routes.

e. Location of street-related uses and principal pedestrian entrances to buildings and the relationship of such uses and entrances to street frontages to ensure that the role of the public street, pedestrian and cycling movement along the street is supported, protected and safe.

iv. A Phasing Strategy and Implementation Plan that addresses phasing to ensure that development does not outpace the provision of infrastructure, facilities and amenities needed to support the creation of a complete community. The Phasing Strategy will:

a. set out a residential unit count and non-residential floor area, as may be applicable, for the lands for each phase and/or block of development and outline physical infrastructure improvements and community services and facilities required to be implemented prior to/or concurrently with the completion of any phase of development to support the development in each phase and/or block; and

b. provide for the development of residential and/or office uses that proceeds, or is concurrent with, development of the self-storage uses.

v. The term 'Contiguous' shall mean having contact with, connected to, or sharing, all or most of a common wall, both vertically and horizontally.

d) A 'Mixed Use building' for the purposes of 11a)iii above means a single building that includes more than one type of use, and also two contiguous buildings that collectively include more than one type of use, that includes at a minimum residential and/or office uses, and may include ancillary retail.

e) Notwithstanding Policy 6 b), a maximum permitted density on site will be 46,600 square metres of gross floor area.

Schedule 1