Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 31, 2022

CASE NO(S).: OLT-22-002268

EFFECTIVE DATE: August 03, 2022

(formerly PL200265)

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

Applicant and Appellant: Dundeal Canada (GP) Inc.

Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment

Description: To permit a future mixed-use development, new public streets, and parks

Reference Number.: 18 206702 ESC 37 OZ

Property Address: 2200-2206 Eglinton Ave. E., et. al.

Municipality: City of Toronto

OLT Case No.: OLT-22-002268

Legacy Case No.: PL200265

OLT Lead Case No.: OLT-22-002268

Legacy Lead Case No.: PL200265

OLT Case Name: Dundeal Canada (GP) Inc. v. Toronto (City)

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

Applicant and Appellant: Dundeal Canada (GP) Inc.

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

Description: To permit a mixed use, 3,339 unit development

Reference Number.: 20 154599 ESC 21 OZ

Property Address: 2200-2206 Eglinton Ave. E., et. al.

Municipality: City of Toronto

OLT Case No.: OLT-21-001853

OLT Lead Case No.: OLT-22-002268

Legacy Lead Case No.: PL200265

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

Applicant and Appellant: Dundeal Canada (GP) Inc.

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

Description: To permit a mixed use, 3,339 unit development

Reference Number.: 21 166739 ESC 21 OZ

Property Address: 2200-2206 Eglinton Ave. E., et. al.

Municipality: City of Toronto

OLT Case No.: OLT-21-001854

OLT Lead Case No.: OLT-22-002268

Legacy Lead Case No.: PL200265

Heard: August 3, 2022 by video hearing

APPEARANCES:

Parties	Counsel
Dundeal Canada (GP) Inc.	David Bronskill
City of Toronto (“City”)	Amanda Hill, Daniel Elmadany
Cosmetica Investments Inc.	Andrew Jeanrie

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON AUGUST 3, 2022 AND ORDER OF THE TRIBUNAL

1The Tribunal convened a settlement hearing with respect to a proposed settlement for the above noted matter. Dundeal Canada (GP) Inc.(“Applicant”) has filed an appeal against the City of Toronto (“City”) for its failure to make a decision on an Official Plan Amendment (“OPA”) pursuant to s. 22(7) and two Zoning By-law Amendments (“ZBA”) pursuant to s. 34(11) of the Planning Act (“Act”). The property is known municipally as 2200 – 2206 Eglinton Avenue East, 1020 - 1030 Birchmount Road and 75 Thermos Road, in the City (“subject lands”).

2The subject lands currently contain an existing office building, a number of commercial and industrial buildings, and surface and structured parking. The Applicant intends to redevelop the subject lands in phases, and the OPA and ZBA are required in order to facilitate the proposed mixed-use development.

3The effect of the planning instruments, under appeal, is to provide for a comprehensive and complete mixed-use redevelopment plan in order to allow a mixed-use development and to permit an increased height and density on the subject lands. The proposed development would be phased and integrated within a public and privately owned road system and along with a publicly and privately owned park and open space areas (“development”).

4The three Parties are all represented at the settlement hearing as noted above.

5Counsel for the Applicant, David Bronskill, advised the Tribunal that the Applicant has reached a full settlement (“proposed settlement”) with the City. The details of the proposed settlement are found in the Affidavit of Benjamin Hoff marked as Exhibit 2 to this proceeding.

6Mr. Jeanrie, Counsel for Cosmetica Investments Inc., advised the Tribunal that his client and the Applicant are finalizing a settlement agreement to protect the ongoing employment uses on their lands.

7The Tribunal has two planning instruments for consideration at this settlement hearing:

1. An OPA to the Official Plan for the City of Toronto (“City OP”). The OPA proposes a Site and Area Specific Policy (“SASP”) being Official Plan Amendment No. 625 that provides specific policy guidance with respect to implementing the proposed settlement; and,

2. A Zoning By-law Amendment (“ZBA”) to bring the subject lands into City-wide Zoning By-law No. 569-2013, as amended as an exception zone category in keeping with City practices. The ZBA is very comprehensive in content and applies to the entirety of the subject lands. It includes a series of site specific provisions including building heights, maximum Gross Floor Areas (“GFA”), a maximum number of dwelling units, provisions for a day nursery along with retail/service commercial, amenity and service use located at grade along with the requisite zone provisions.

BACKGROUND, SUBJECT PROPERTY AND AREA ANALYSIS

8The subject lands currently contain two commercial buildings, two above grade parking structures, two industrial buildings and a powerhouse facility. The subject lands are irregular in shape and have an area of approximately 6.4 hectares (“ha”).

9The subject lands are generally surrounded by employment uses and large format retail ‘power centres’ consistent with the historic role of the Golden Mile as a hub of industrial employment and its more recent retail focus. It is located within the Golden Mile along the Eglinton Avenue East Corridor, which provides a range of retail, service-commercial and office uses serving the traveling public. However, this context is planned to change with the pending completion of the Eglinton Crosstown Light Rail Transit facilities and the City's adoption of the Golden Mile Secondary Plan (“GMSP”).

10The subject lands are well served by active transportation options. The options include: the planned Gatineau Hydro Corridor Trail improvements, a new Eglinton Crosstown Light Rail Transit (“LRT”) higher order transit and requisite stations, along with new streets and pedestrian and cycling connections to better connect transit users with the new employment, retail, residential and institutional uses in the area.

11Surrounding land uses are North – which is the Kawasaki lands located at 101 Thermos Road; East – across Birchmount Road is the Toronto Police Service 41 Division detachment, and an 11-storey apartment building; South – employment lands including the Scotiabank Eglinton Campus and West – are commercial facilities owned by RioCan that are subject to an OPA to facilitate a mixed use community. There are several active development applications within the Golden Mile area.

12The proposed development has had a long history which is summarized as follows: The Applicant filed a privately initiated OPA with the City in August, 2018. The City issued a Notice of Complete Application for the OPA, in August 2018. The intention of this OPA was to provide a preliminary framework for a new mixed-use community with new streets, parkland, and a range of tall buildings with approximately 3,700 residential units, 14,000 square metres (“sq m”) of retained office space and 4,180 sq m of retail uses. The proposed total GFA was 287,000 sq m with a floor space index (“FSI”) of 4.5. The OPA was appealed to the Tribunal, in April 2020.

13In June 2020, the Applicant submitted applications for a ZBA for a portion of and a draft Plan of Subdivision (“PoS”) for all of the subject lands. The revisions included an update to the initial OPA application with a revised Master Plan concept. In July 2021, the Applicant submitted a second ZBA for the remainder of the subject lands not included within the first rezoning application. Both of the ZBA’s were appealed to the Tribunal.

14The Applicant and the City continued to engage in dialogue in an effort to reach an agreement on an acceptable form of development for the subject lands as well as required modifications to the submitted planning applications. City Council at its July 19, 2022 meeting (CC47.32), endorsed a confidential and conditional settlement of the Applicant’s OPA and two ZBA’s based on revised architectural plans. This approval included a package of proposed community benefits pursuant to s. 37 of the Act. It is this proposed settlement that is the subject of the Tribunals settlement hearing.

PROPOSED SETTLEMENT

15Mr. Hoff opined that the proposed settlement provides for a comprehensive and complete redevelopment of the subject lands into a mixed-use, transit-supportive neighbourhood at the eastern gateway of the Golden Mile. This is obtained through a phased redevelopment of the subject lands. The proposed settlement will contribute toward the establishment of a complete community. It includes a network of public streets that established new connections and create new development blocks. It maintains the intent of the GMSP’s – OPA No. 499 (“OPA 499”) vision, goals, and objectives.

16The main components of the proposed settlement include the following:

a) a series of new public streets and right-of-way widenings are provided in keeping with the GMSP;

b) the seven-storey office building and five-storey parking structure will be retained;

c) the public street network serves to divide the subject lands into multiple development blocks that will accommodate a mix of uses in new buildings;

d) two public parks are proposed on the subject lands along with a number of Privately Owned Publicly Accessible Spaces (“POPS”). The two public parks will be a minimum of 3,204 sq m and 2,672 sq m respectively;

e) a total GFA of 251,315 sq m consisting of 232,767 sq m of residential, 14,033 sq m in the retained office, and 4,485 sq m of new non-residential GFA. The total FSI is 3.95 with a defined maximum number of dwelling units;

f) the proposed density has been strategically deployed across the subject lands in order to create a transit-supportive environment. Generally, the greatest building heights and densities have been located along Eglinton Avenue East, adjacent to the future LRT stops. There is a diversity of built forms consisting of eight tall buildings ranging from 48 to 25 storeys, one mid-rise building, and a low-rise building, on the northeast portion of the site. The proposed distribution of density results in a transition in height and intensity of development to the lower scale areas to the north;

g) the proposed settlement will provide an attractive, comfortable, and well-connected pedestrian network and public realm across the entirety of the subject lands;

h) active at grade non-residential uses will be located in appropriate locations to foster a human-scaled and pedestrian-oriented environment. This will encourage activities in the public realm and promote eyes on the streets, parks, and open spaces and aminate the public realm;

i) the Applicant has agreed to provide community benefits which include a minimum of 1,125 sq m of community agency space, a 929 sq m of indoor childcare space and approximately 279 sq m of outdoor space, 130 affordable housing units and a financial contribution; and

j) The proposed settlement is the subject of a comprehensive transportation planning analysis which includes the requirements found in the GMSP. These studies concluded that there is capacity in the existing and proposed transportation network to accommodate the proposed settlement. Municipal servicing has also been the subject of extensive technical analysis of both the City’s existing and planned municipal infrastructure. These studies concluded that the proposed settlement can be accommodated by existing and planned infrastructure including new municipal infrastructure as the public street network is created and expanded as development is phased across the subject lands.

LAND USE PLANNING POLICY

17Mr. Hoff took a very comprehensive view and review of all relevant planning policy, economic development, and urban design objectives. After doing so for this application, he prepared a comprehensive Affidavit and provided expert evidence in support of the proposed settlement. The OPA and ZBA applications are also supported by a multi-disciplinary project team.

Provincial Policy

18Mr. Hoff reviewed s. 2 – Provincial Interests in the Act and noted the many matters that speak specifically to the proposed settlement. He opined that the proposed settlement gives proper consideration and regard to all matters of s. 2 of the Act.

19Mr. Hoff outlined the relevant policies in the Provincial Policy Statement, 2020 (“PPS”) which articulates the provincial led planning policy regime. The PPS encourages the wise management of land in order to achieve efficient land use patterns by directing growth to settlement areas and promoting a compact form of development. Provisions of the PPS summarized in his testimony and Affidavit are:

a) promoting efficient development and land use patterns that sustain healthy, livable, and safe communities;

b) focus growth and development in settlement areas that are compatible to adjacent uses and is an appropriate level of intensification;

c) development is in an appropriate location and promotes opportunities for transit-supportive development. Promotes appropriate development standards to facilitate intensification, redevelopment, a compact urban form, while avoiding or mitigating public health and safety risks;

d) accommodation of an appropriate range of residential and other uses and accommodating a significant supply and range of housing options through intensification and redevelopment. Directing new housing to locations where appropriate infrastructure in public services are or will be available;

e) the integration of land use planning, growth management, transit supportive development. Providing a suitable range of recreation, parks and open space while encouraging a sense of community by promoting well designed built form and conserving features that help define local character;

f) promotes densities and mix of land uses which result in the efficient use of land and infrastructure;

g) supports active transportation and are transit supportive. Provides infrastructure and public service facilities in an efficient, coordinated, and cost-effective manner that considers impacts from a changing climate;

h) identify appropriate areas for intensification with appropriate development standards and directing development to locations that have an appropriate level of infrastructure and public service facilities; and,

i) supporting long-term prosperity by optimizing the use of land resources, infrastructure, and public service facilities.

20Mr. Hoff opined that the proposed OPA and ZBA are consistent with the 2020 PPS.

21Mr. Hoff, in his evidence, outlined how the proposed settlement conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan”) as amended. The Growth Plan establishes a comprehensive growth management strategy for municipalities in the Greater Golden Horseshoe. Relevant policy considerations found in Mr. Hoff’s testimony include:

a) the subject lands are designated “Mixed Use Areas” in the City OP and is located within a Protected Major Transit Station Area (“PMTSA”). The subject property is also located within the boundaries of the GMSP which provides an overarching framework for land use, development capacity, a new street network and a parks and open space system;

b) important policies relate to the creation of complete communities and optimizing the use of land and infrastructure. A diverse range and mix of housing options that are convenient to a range of transportation facilities, provide for a more compact built form and vibrant public realm are encouraged;

c) municipalities are directed to undertake integrated planning in order to manage forecasted growth to the horizon of the Growth Plan. Integrated planning will assist in providing an urban form that will optimize infrastructure particularly along transit and transportation corridors, in an effort to support the achievement of complete communities through a more compact built form;

d) supports intensification to make efficient use of land, and infrastructure is promoted. Prioritize intensification and higher densities in strategic growth areas to make efficient use of land, an infrastructure and support transit viability;

e) assists in the development of a complete community with a diverse mix of land uses;

f) provides for a complete community by promoting a compact built form that is integrated in the community and with adjacent land uses;

g) provides pedestrian connections including both sidewalks and mid-block connections, along with cycling infrastructure to encourage multi-modal access to the future LRT stops;

h) helps ensure economic development and competitiveness of the Greater Golden Horseshoe by integrating and aligning land use planning and economic development goals and strategies; and

i) makes efficient use of available infrastructure to accommodate growth.

22Mr. Hoff opined that the proposed OPA and ZBA conform to the policies of the 2019 Growth Plan as amended.

Municipal Policy

City of Toronto Official Plan

23Mr. Hoff advised the Tribunal that the City OP broadly guides land use and development throughout the City. It is based on steering growth and change to parts of the City that can and should accommodate it while protecting ‘Neighborhoods’ and greenspace from development pressures.

24The subject lands are designated ‘Mixed-Use Areas’ within the City OP and are situated on an Avenue within the overall City structure. It is located within a PMTSA and along a transit corridor that is planned to accommodate significant growth and intensification.

25City OP policy as it applies to the subject lands, permits a broad range of commercial, residential, institutional uses in single-use or mixed-use buildings, as well as parks and open spaces. Development is intended to create a balance of a high-quality urban environment that reduces automobile dependency, meets the needs of the local community, and provides opportunities for new jobs and homes on underutilized lands. The proposed settlement’s built form meets the relevant development criteria which are intended to ensure appropriate built form relationships with the surrounding existing and planned context, and to provide a safe, attractive and comfortable public realm.

26Mr. Hoff noted that the City OP sets out a number of strategies and objectives to assist in meeting its desired outcome within Mixed Use Areas that include building new neighborhoods by providing a comprehensive planning framework to reflect the City’s OP. City-wide goals in keeping with the context of the Plan include:

a) using municipal land, infrastructures, and services efficiently. Directing planning for new development within the context of reducing auto dependency and creating a multi-modal approach to address the transportation demands and impacts of new development The subject lands are within the area of the GMSP and adheres to the planned context of the area;

b) concentrating jobs and people in areas well served by surface transit and rapid transit stations;

c) promoting mixed use development with a mix of building types to increase opportunities for living close to work and to encourage walking and cycling for local trips;

d) offering opportunities for people of all means to be affordably housed;

e) facilitating social interaction, public safety, and cultural and economic activity. Acknowledges the importance of the public realm and high quality urban design in creating great communities and building a great City;

f) Residents of the proposed development will have access to a range of facilities and amenities that will be delivered through development across the broader area;

g) takes full advantage of future transit services by concentrating the greatest building heights and densities towards the transit corridor;

h) promoting quality architectural, landscape and urban design in each of the character areas, and ensures that sidewalk and boulevards are designed to promote safe, attractive, interesting, and comfortable spaces for pedestrians in order to support the development of sustainable, economically vibrant, and complete communities;

i) provides direction on built form and building typologies. New development is intended to fit harmoniously within the new planned context including buildings to be massed and located to frame adjacent streets, a series of set back policy directions, active grade uses, a transition of scale to low-rise areas and ensuring connections/access to adjacent sidewalks, streets, parks, and open spaces;

j) the vision of the GMSP is for a vibrant public realm as a key structural element for its successful implementation with existing, new, and reconfigured/widened streets that link to new parks and a series of open spaces;

k) improving air quality with an energy efficiency and reducing greenhouse gas emissions; and,

l) protecting neighborhoods, adjacent land uses, and green spaces from the effects of nearby development.

27Mr. Hoff is of the opinion that the OPA and ZBA support and conform to the policies of the City OP.

Zoning By-law Amendment

28The subject lands are zoned Employment District (East) M, OU-24-104-207-913-1207-1233-1266-1295-1492-1833 in the former General Zoning By-law No. 24982 of the City of Scarborough. In the Industrial zone (M) permitted uses include industrial uses and in the Office Use (OU) zone, permitted uses include financial institutions, libraries, restaurants, and retail stores.

29The subject lands are not currently included in the City-wide Zoning By-law No. 569-2013. The proposed ZBA seeks to rezone the subject lands by bringing them into the City-wide Zoning By-law No. 569-2013, through a site specific amendment. Therefore, no amendment to the former General Zoning By-law No. 24982 (Scarborough) is required.

30The proposed ZBA would rezone the subject lands to an Exception CR (797) Zone in keeping with City practices. The ZBA establishes provisions for such matters such as location of buildings, maximum heights of buildings, tower setbacks, tower separation and stepbacks, minimum required parking and loading requirements and minimum amount of two and three bedroom units. There are a series of exception regulations and other salient applicable regulations. The ZBA also has a series of Holding Provisions along with Section 37 requirements and outlines the various obligations of the Applicant.

Golden Mile Secondary Plan (“GSMP”)– OPA 499

31Mr. Hoff, in his testimony and Affidavit, took considerable time to describe the GMSP which was adopted by City Council in October 2020. The GMSP provides more specific land use schedules along with additional land use planning policy guidance that are in conformity with the general objectives and policies of the City OP. At the time of the submission of the original OPA, the subject lands were not located within a Secondary Plan Area. Since the City Council has adopted OPA 499, and the proposed settlement has been informed by the vision, objectives, and policies set forth in the GMSP.

32The GMSP defines a range of development densities, an overall built form strategy, locations of new parks, potential privately owned publicly accessible spaces (“POPS”) and public art locations along with a series of future public road alignments. It also includes policies encouraging and promoting a diverse range of housing to accommodate a range of household types, sizes, and incomes. The only area where the proposed settlement differs from the overall intent of the GMSP is with respect to height and density. Differences and height and density as it applies to the subject lands are included within the proposed OPA before the Tribunal.

33It is Mr. Hoff’s opinion that the policies of the GMSP are relevant, and the proposed settlement has had appropriate regard to the GMSP.

34In conclusion, Mr. Hoff is of the opinion that the proposed settlement represents good planning and is in the public interest. The proposed OPA and ZBA have appropriate regard to s.2 of the Act, are consistent with the PPS, conform to the Growth Plan, as amended, conform with the policies of the City OP and the SASP which provides for additional detailed policies to further implement the GMSP, thus having appropriate regard for OPA 499 – GMSP. The Tribunal agrees.

OTHER CONSIDERATIONS

City Guidelines Relating to the Proposed Settlement

35Mr. Hoff in either his Witness Statement or Affidavit, brought to the attention of the Tribunal, a number of City Guidelines that are relevant to the proposed settlement. These guidelines are not statutory policy documents but serve to compliment and provide detail with respect of City OP policy. The planner advised the Tribunal that the proposed settlement has had appropriate regard for the following City guidelines:

1. Golden Mile Urban Design Guidelines;

2. Tall Building Guidelines;

3. Mid-Rise Guidelines; and

4. Growing up - Planning for Children in New Vertical Communities.

Section 37

36The City and the Applicant have come to an agreement on a series of Section 37 Community Benefits that are detailed in Schedule A – Section 37 Provisions in the ZBA. The Community Benefits will be secured in a Section 37 Agreement prior to the issuance of any building permit. Community Benefits include community agency space, indoor childcare space along with complementary outdoor space, affordable housing units and a financial contribution.

Relationship between the Proposed SASP and OPA No. 499

37Mr. Hoff noted that should there be duplication between the proposed SASP and OPA No. 499, which includes the GMSP, should it come into effect on the subject lands, a revised SASP will be requested of the Tribunal to eliminate any duplicative policies and to allow all policies to be read and applied together on a go forward basis. The Tribunal agrees.

Proposed Draft Plan of Subdivision

38A draft Plan of Subdivision (“PoS”) is required to subdivide the larger sites into blocks, to outline and secure the proposed phasing, define phasing triggers of new development and the provision of required infrastructure to support the proposed settlement. It will include matters such as the delivery of new public streets, municipal services, transportation infrastructure, community services, affordable housing, public parkland, POPS, and mid-block pedestrian connections.

39The draft PoS is not before the Tribunal at this settlement hearing, so Mr. Hoff did not provide any opinion or background in that respect.

TRIBUNAL FINDINGS

40The Tribunal accepts the uncontested evidence of Mr. Hoff in its entirety and finds that the OPA and ZBA (as put forward in the proposed settlement) meet all the relevant policy tests of s. 2 of the Act, the PPS, the Growth Plan, all relevant foundational policies of the City OP, and meets the intent of By-law No. 569-2013. The development represents good planning and is in the public interest. The Tribunal agrees that the proposed settlement has had appropriate regard for the relevant City Guidelines and OPA No. 499 – GMSP.

41The Tribunal finds that the City has extremely well established planning policy for the subject lands and surrounding area, and has followed a careful, complete, and comprehensive planning review of the proposed settlement, the OPA and ZBA. The Tribunal is satisfied with the efforts of the City and all Applicants involved, to create a vision for the Golden Mile that has the potential to be truly remarkable. It is an extraordinary City Building venture and the policies found in the proposed SASP provide a complete and comprehensive basis on which to guide development.

42The Tribunal understands this is an early step in its implementation and long term commitment is required by all involved. This commitment is demonstrated through the Affidavit, planning evidence and Counsel submissions outlining the efforts of all Parties to come to the proposed settlement.

43The Tribunal finds that the OPA and ZBA align with the established principles of relevant provincial policy; the City OP and the GMSP for reasons, including the following:

1. the subject lands are within “Mixed Use Areas” and a “Protected Major Transit Station Area” within the City where intensification is promoted. It is along the route of the new higher order Eglinton Crosstown Light Rail Transit route and will be served by a transit station;

2. represents a comprehensive, well-organized development and land use pattern that serves to make efficient use of land and infrastructure;

3. accommodates an appropriate range of residential and other uses, and provides a significant supply and range of housing options through intensification and redevelopment. The proposed settlement will add a total of 3,208 much needed additional dwelling units in the City;

4. serve to integrate land use planning, growth management, transit supportive development as it offers excellent transit-oriented development being within walking distance of an Eglinton Crosstown Light Rail Transit station;

5. promotes densities and mix of land uses which result in the efficient use of land and infrastructure. It is appropriately scaled and sized to ensure a balance between the priority of intensification without resulting in negative built form impacts by providing an appropriate transition and buffer to adjacent land uses;

6. contributes to the creation of complete communities and optimizes the use of land and infrastructure; with a diverse mix of land uses by promoting a compact built form that is integrated into the community and with adjacent land uses;

7. helps to ensure economic development and competitiveness of the City;

8. serves to integrate and align land use planning and economic development goals and strategies; and,

9. makes efficient use of available infrastructure to accommodate growth.

44In conclusion, the Tribunal finds that the proposed settlement, as described both in the planner’s Affidavit and evidence, is appropriate and a desirable addition to the City, represents good land use planning, is consistent or in conformity with, and meets the objectives of all requisite public policy and is in the public interest.

45The Tribunal is presented with a draft OPA and ZBA. The proposed settlement and planning instruments were presented to the City Council on July 19, 2022. City Council accepted the ‘without prejudice’ settlement offer subject to a series of conditions which have been included in either the OPA or ZBA. The Tribunal conducted its review of the proposed settlement on August 3, 2022, settlement hearing and was then satisfied with the evidence and made its findings and determined that the Final Order should issue to allow the Appeals in part and approve the instruments. It is therefore appropriate that this Order is effective as of August 3, 2022, in keeping with Rule 24.3 of the Tribunal’s – Rules of Practice and Procedure.

46The Tribunal finds that should any part of the OPA No. 499 in Tribunal Case No. OLT-22-002510 come into force and effect as it applies to the lands subject of this Order, the City and Applicant may seek revisions to delete, amend or revise policies and/or mapping, which are duplicative or similar to amendments to the City OP contained in OPA No. 499 and any such, an amended Order will be effective on the date of this Order.

ORDER

47THE TRIBUNAL ORDERS that the Official Plan Amendment Appeal and the Zoning By-law Amendments Appeal are allowed, in part, and that the City of Toronto’s Official Plan is hereby amended in the manner set out in Attachment “1” to this Order and Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “2” to this Order. The Tribunal authorizes the municipal clerk to format the Official Plan Amendment in Attachment “1” and the Zoning By-law Amendment in Attachment "2", as may be necessary, for record keeping purposes.

48THE TRIBUNAL CONFIRMS AND ORDERS that pursuant to subsections 17(5) and 22(11) of the Planning Act and Rules 24.2 and 24.3 of the Tribunal’s Rules of Practice and Procedure should any part of Official Plan Amendment No. 499 in Tribunal Case No. OLT-22-002510 come into force and effect as it applies to the lands subject of this Order, the City and Appellant may seek a revised Attachment "1" to delete, amend or revise policies and/or mapping, which are duplicative or similar to amendments to the Official Plan contained in Official Plan Amendment No. 499 and any such amended Order will be effective on the effective date of this Order.

49THE TRIBUNAL ORDERS THAT, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of Wednesday, August 3, 2022, which is the date that the Tribunal received and considered the evidence in support of the request for the Final Order in this proceeding and determined that the Appeals should be allowed and the amending instruments should be approved.

“Bryan W. Tuckey”

BRYAN W. TUCKEY

MEMBER

Ontario Land Tribunal

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

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

Authority: Ontario Land Tribunal Decision and Order effective on August 3, 2022 in Tribunal File No. OLT-22-002268

CITY OF TORONTO

BY-LAW XXX-2022(OLT)

To approve Amendment 625 to the Official Plan for the City of Toronto with respect to the lands municipally known in the year 2021 as 2200-2206 Eglinton Avenue East, 75 Thermos Road, And 1020-1030 Birchmount Road.

Whereas the Owner of the lands known municipally in the year 2021 as 1900 Eglinton Avenue East appealed a proposed official plan amendment to the Ontario Land Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Decision and Order effective on [date], 2022 in File OLT-22-002268 approved amendments to the Official Plan for the City of Toronto with respect to the lands;

The Ontario Land Tribunal Orders:

1. The attached Amendment 625 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Ontario Land Tribunal Decision and Order effective on [DATE] in Tribunal File OLT-22-002268.

AMENDMENT 625 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS 2200-2206 EGLINTON AVENUE EAST, 75 THERMOS ROAD, AND

1020-1030 BIRCHMOUNT ROAD

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

1. Chapter 7, Site and Area Specific Policies, is amended by adding the following policy and associated maps:

"814. 2200-2206 Eglinton Avenue East, 75 Thermos Road, and 1020-1030 Birchmount Road

A. INTERPRETATION

1. Site and Area Specific Policy ("SASP") No. 814 is intended to be read with the policies of the Official Plan and any Secondary Plan applicable to the Site, except where provided otherwise. In the event of any conflict, the policies of this SASP will prevail.

B. LAND USE AND DENSITY

1. The land use policies and development criteria for land use found in Chapter 4 of the Official Plan will apply.

2. Residential uses are not permitted on Block 1 as shown on Map 1.

3. The permitted maximum gross floor area on the Site will not exceed 251,319 square metres.

4. A minimum of 10 per cent of the gross floor area of the development on the site south of Street A shall be provided as non-residential uses in one or multiple buildings, including any required office uses in Policy B. 5).

5. A minimum of 14,033 square metres gross floor area of existing office and/or office related uses will be retained and replaced on-site. The replacement gross floor area will be encouraged to be replaced prior to, or concurrent with, the associated new residential development.

6. The density incentives in any applicable Secondary Plan do not apply, except for any the gross floor area of a community service facility to be owned and/or operated by the City or a non-profit community agency, which are exempted from the calculation of the total gross floor area.

7. Active at-grade commercial uses such as retail and service uses, restaurants, office uses, day care/community uses, and entrances to office buildings are required at the locations identified on Map 2. Residential lobbies are strongly discouraged along Eglinton Avenue East, but may be permitted on the southeast corner of Block 2 and with limited frontage on Block 4, where appropriate. Active at-grade commercial uses should:

i. Provide individual entrances along streets, at the same level as the adjacent sidewalk;

ii. Provide a minimum ground floor height of 4.5 metres;

iii. Provide continuous weather protection to ensure pedestrian comfort, where appropriate; and

iv. Be encouraged along the north-south streets leading directly to the ECLRT stops, park edges adjacent to Eglinton Avenue East, Street A, and at other appropriate locations.

8. Existing non-residential uses are permitted on an interim basis.

C. TRANSPORTATION NETWORK

1. The planned street network is identified on Map 1, and will be comprised of the following:

i. Public Street A will have a right-of-way width of 27.0 metres between Thermos Road and Birchmount Road;

ii. Public Street B will have a right-of-way width of 20.0 metres between Eglinton Avenue East and Street A;

iii. Public Street C will have a right-of-way width of 20.0 metres north of Public Street A and is intended to connect to Ashtonbee Road on lands north of the Site;

iv. The phasing of Public Street C will be determined through the development review process;

v. A 3.2 metre right-of-way widening along Eglinton Avenue East will be required to contribute to the achievement of a minimum right-of-way width of 43.0 metres; and

vi. A 1.5 metre right-of-way widening along Thermos Road will be required to contribute to the achievement of a minimum right-of-way width of 23.0 metres.

2. The exact location, alignment and design of public streets will be refined through a Draft Plan of Subdivision for the Site, which will be informed by any completed Municipal Class Environmental Assessment.

3. Priority Pedestrian Locations shown on Map 3 are areas where pedestrians are anticipated to cross streets or areas with high volumes of existing and/or anticipated pedestrian traffic and an enhanced pedestrian network is required. At these locations, shorter pedestrian crossings will be achieved through the implementation of wider sidewalks, corner extensions at intersections, or other appropriate measures.

4. New Streets and Street Widenings, Priority Pedestrian Locations, Cycling Routes and Interchanges, and Transit Nodes and Shared Mobility Hubs are generally provided as shown on Maps 45-4, 45-7, 45-8, 45-9, 45-10, and 45-17 of the Golden Mile Secondary Plan.

D. PARKLAND

1. New public parkland will be required to support and meet the needs of residents and employees of the Site and broader community. There will be two public parks on the site:

i. a public park with a minimum size of 3,200 square metres on the north side of Eglinton Avenue East and east of Public Street B, generally provided in the location identified as Block "3" on Map 1; and

ii. a public park with a minimum size of 2,600 square metres having generous street frontage on north of Public Street A and east of Public Street C, generally provided in the location identified as Block “6” on Map 1.

E. PUBLIC REALM

1. Privately Owned Publicly-Accessible Spaces ("POPS") will be provided in accordance with Map 1. Additional POPS are encouraged at other appropriate locations.

2. Public Art will be provided in some or all locations generally identified on Map 1 and secured, at the owner's expense, in a manner satisfactory to the City.

3. Potential mid-block connections as identified on Map 1 will provide for pedestrian access and other forms of active transportation.

F. BUILT FORM

1. A maximum of eight tall buildings may be permitted on the Site, and the maximum tall building heights will be distributed on Blocks as identified on Map 2.

2. A mid-rise building with a maximum height of 6 storeys will be located along Thermos Road in the mid-rise building area on Block 4 as identified on Map 2.

3. Development on Block 7 will provide appropriate transition to Maidavale Park and the adjacent designated Neighbourhoods by:

i. Locating low-rise buildings toward the northeastern portion of Block 7; and

ii. Generally fitting within a 45-degree angular plane extending west from the Birchmount Road frontage of Maidavale Park.

4. Development will provide minimum building setbacks from streets, and parks and open spaces as follows:

i. A minimum of 3 metres from all public streets; and

ii. A minimum of 5 metres from all public parks and open spaces.

5. Encroachments and projections into the minimum required building setbacks will be generally limited through the zoning by-law to elements that provide enhancements to the public realm.

6. Development will minimize shadow impact on and achieve a minimum of five (5) consecutive hours of sunlight between 9:18 a.m. to 4:18 p.m. on a minimum of approximately 50 per cent of the park area on Park Block 6 on March 21st and September 21st.

7. Minimum and maximum base building heights will be provided as identified on Map 2.

8. Development of tall buildings will:

i. Be located strategically on development Blocks in response to the frontage, depth, and configuration of the Blocks, to support the planned characters of the adjacent public realm, and where required, achieve appropriate transition to and limit their impact on the surrounding areas, including parks and open spaces, streets, courtyards and other outdoor amenity areas and mid-block pedestrian connections;

ii. Ensure that tall buildings on the Site will be predominantly designed with a minimum 5-metre tower stepback from the base building for a minimum of 2/3 of each tower frontage facing public streets and public parks, and will be organized to provide variation in tower placement and stepbacks along streets, parks and open spaces to create and support interesting streetscapes, views, and vistas;

iii. Maintain floor plate sizes that will not exceed 750 square metres for residential tall buildings and residential portion of mixed-use tall buildings;

iv. Provide a minimum tower separation distance of 30 metres. Separation distances of less than 30 metres may be permitted on Block 2 and Block 7 on the Site and will be no less than 25 metres.

Context Plan

9. Development of the Site will be consistent with the Context Plan for the Site. Such Updated Context Plan will be submitted concurrently with the Zoning By-law Amendment and Draft Plan of Subdivision for the Site and is intended to be endorsed concurrently with any such approval(s).

G. HOUSING

1. A minimum of 10 percent of the total residential units on each Block will have at least three bedrooms.

2. An additional minimum of 25 per cent of the total number of residential units on each Block will have at least two bedrooms.

3. Notwithstanding Policy 3.2.1.9(b) of the Official Plan, the provision of 20% of the residential dwelling units as affordable housing units is not required provided that a minimum of the provision of 130 affordable rental housing units, based on 100% Average Market Rent and an affordability period of fifteen (15) years, be delivered on a proportional basis to the market housing with the option to consolidate these affordable rental housing units on one or two blocks as part of an early phase of development, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. Prior to any residential development of the Site, a Housing Plan will be required that identifies in each phase of residential development: the percentage of units that will be two and three bedrooms in size, how the required affordable housing units will be delivered and the unit types, sizes and location of affordable housing.

H. COMMUNITY SERVICES AND FACILITIES

1. A Community Services and Facilities Implementation Plan addressing the manner, order and timing for provision of the facilities will be submitted with the Draft Plan of Subdivision and Zoning by-law Amendment application for the Site.

2. Any on-site Community Service Facilities are encouraged to be provided in the earlier phases of development.

3. The following community service facilities are required for the Site:

i. A not-for-profit licensed Child Care Centre and/or EarlyON Centre conveyed to the City; and

ii. A community agency space conveyed to the City.

I. IMPLEMENTATION

Draft Plan of Subdivision

1. Prior to any development proceeding for all or any part of the Site, a Draft Plan of Subdivision will be required to be approved for the entirety of the Site subject of this SASP.

2. A Subdivision Agreement will be entered into and registered on the entirety of the Site to implement the structure plan contained in this Site and Area Specific Policy, and other related matters, and will include securing a satisfactory Housing Plan and resulting affordable housing as contemplated by this Site and Area Specific Policy and subsection 51(17) of the Planning Act, if not already secured elsewhere. The Draft Plan of Subdivision may be registered in phases, where determined appropriate.

3. The phasing of development and required infrastructure for the Site, including the provision of all new public streets, municipal services, transportation infrastructure, including off-site cycling network improvements, streetscape along Eglinton Avenue East and parkland, will be addressed and secured through a Draft Plan of Subdivision and Zoning By-law Amendment.

4. The implementation of the street network on the Site will occur incrementally over time.

5. The phasing of the transportation system for the Site, including related improvements and infrastructure, will occur in an integrated manner and be secured in a Subdivision Agreement, and such Subdivision Agreement may provide for phasing of the transportation system over time.

6. Any development shall coordinate and implement any required infrastructure upgrades and/or improvements with the City, and other landowners (where appropriate), including the provision of new municipal infrastructure and new and improved transportation (streets, transit, cycling, pedestrian) infrastructure where required to support development. This may also include the cost-sharing agreements between landowners, where appropriate.

7. In accordance with subsection 51(18) of the Planning Act, the City will require that:

i. a Municipal Class Environmental Assessment Study, or such study satisfactory to the City, being a Transit Corridor Study for Victoria Park Avenue or Warden Avenue, has commenced; and

ii. a Municipal Class Environmental Assessment Study including the street network on the Site has commenced or as may be permitted by Policy C. 2) of this SASP, a Draft Plan of Subdivision for the street network on this Site has been submitted.

For greater certainty, commencement does not mean the Municipal Class Environmental Study and/or Transit Corridor Study, where applicable, has been completed.

8. These above-noted studies required in I. 7) i. may be conducted and funded by the City and/or jointly with the owner of the Site, and/or other landowners. Despite Policy I. 7) i., a draft plan of subdivision may be submitted and the owner of the Site may proceed in advance of the commencement of the Transit Corridor Study identified in I. 7) i), if the owner of the Site provides and/or secures funding in a manner satisfactory to the City in support of such study.

Zoning By-law Amendment(s)

9. Zoning By-law Amendment(s) will include provisions dedicated to community services and facilities, where required, for the Site.

10. Development will be sequenced to ensure appropriate transportation infrastructure, municipal servicing infrastructure and community services and facilities, including parkland, are available to accommodate proposed development on the Site.

11. In addition to the plans/drawings and studies/reports required for the submission of a complete application for development as identified in Policy 5.5.2 and Schedule 3 of the Official Plan, the following are required for any Zoning By-law Amendment application:

i. A Context Plan for the Site which addresses the phasing of the development blocks and Park shown on Map 1, the layout and design of existing and proposed public realm elements, built form elements and their impact, and relationship with the existing and potential future development in the areas adjacent to the Context Plan area for endorsement by City Council as an Implementation Plan for the Site under Policy 5.3.2.1. of the Official Plan; and

ii. A Multi-Modal Transportation Impact Study (MMTIS), which will identify the demands and impacts of development and include a Transportation Demand Management (TDM) strategy and/or other mitigating measures to accommodate travel generated by the development. The MMTIS will include reporting on monitoring outcomes of earlier phases on transit, cycling, pedestrian, and vehicular traffic patterns, and any recommended refinements to TDM strategies and transportation system. The MMTIS must demonstrate prior to the approval of any zoning by-law amendment, that there will be sufficient transportation capacity available to accommodate additional site generated trips for all modes of travel or measures that can be undertaken to accommodate the additional trips through TDM strategies or off-site infrastructure improvements, including the potential for higher order transit along Victoria Park Avenue or Warden Avenue.

12. Where transportation improvements and/or new transportation infrastructure are identified as part of the MMTIS, the Zoning By-law Amendment(s) may include a holding by-law for all or part of the Site until those matters are implemented in a manner satisfactory to the City or such arrangements are secured in a manner satisfactory to the City to permit development to proceed concurrent with the identified transportation improvements and/or new transportation infrastructure.

ATTACHMENTS

Map 1: Structure and Public Realm & Street Network

Map 2: Built Form

Map 3: Pedestrian Network"

2. Chapter 7, Map 31, Site and Area Specific Policies is amended by adding the lands municipally known in 2021 as 2200-2206 Eglinton Avenue East, 75 Thermos Road, and 1020-1030 Birchmount Road, as shown on the map above as Site and Area Specific Policy 816.

MAP 1: STRUCTURE, PUBLIC REALM AND STREET NETWORK

MAP 2: BUILT FORM

MAP 3: PEDESTRIAN NETWORK

ATTACHMENT 2

Authority: Ontario Land Tribunal Decision and Order effective on August 3, 2022 in File OLT-22-002268

CITY OF TORONTO

BY-LAW XXXX-2022 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 75 Thermos Road, and 2200-2206 Eglinton Avenue East, and 1020-1030 Birchmount Road

Whereas the Owner of the lands in the year 2021 appealed a proposed Zoning By-law Amendment to the Ontario Land Tribunal pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Decision and Order effective on August 3, 2022, determined to amend Zoning By-law 569-2013, as amended, with respect to lands known municipally as 75 Thermos Road, and 2200-2206 Eglinton Avenue East, and 1020-1030 Birchmount Road; and

Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in the density of development; and

Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in the density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and

Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out; and

Whereas the increase in density permitted beyond that otherwise permitted on the aforesaid lands by By-law 569-2013 as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto; and

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are municipally known in the year 2021 as 75 Thermos Road and 2200-2206 Eglinton Avenue East and 1020 -1030 Birchmount Road, as outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The land comprises the lands delineated by the dashed lines on Diagram 5, Diagram 6, Diagram 7, Diagram 8, Diagram 9, and Diagram 10 attached to and forming part of this By-law and identified as Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, and Block 7.

3. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.

4. Zoning By-law 569-2013, as amended, is further amended by adding the zone label on the By-law to the Zoning By-law Map in Section 990.10 respecting the lines outlined by heavy black lines to a zone label as shown on Diagram 2 attached to this By-law as follows:

(A) CR 0.22 (c0.22; r0.0) SS3 (x797) for Block 1, Block 2, Block 4 (Part A), Block 4 (Part B), Block 5, and Block 7; and

(B) OR for Block 3 and Block 6.

5. Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying the following Policy Area label to these lands: PA4, as shown on Diagram 3 attached to this by-law.

6. Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying the following height and storey label to these lands: HT 11.0, ST 3, as shown on Diagram 4 attached to this By-law.

7. Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying no value.

8. Zoning By-law 569-2013, as amended, as amended, is further amended by adding the lands to the Rooming House Overlay Map in Article 995.40.1, and applying no value to these lands.

9. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 797 so that it reads:

(797) Exception CR 797

The lands, or a portion thereof as noted below, are subject to the following Site-Specific Provisions, Prevailing By-laws and Prevailing Sections.

Site Specific Provisions:

(A) On 75 Thermos Road and 2200-2206 Eglinton Avenue East and 1020 -1030 Birchmount Road, if the requirements of By-law [Clerks to supply by-law ##], including Section 11 and Schedule A are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (FF) below;

(B) For the purposes of this exception:

(i) reference to Block 1, Block 2, Block 3, Block 4 (Part A), Block 4 (Part B), Block 5, Block 6, and Block 7 are as identified on Diagram 3 attached to By-law [Clerks to supply by-law ##];

(ii) reference to Building 1A, Building 2A, Building 2B, Building 4A, Building 4B, Building 4C, Building 4D, Building 5A, Building 7A, Building 7B, and Building 7C are the buildings within such Blocks as identified on Diagram 6, Diagram 7, Diagram 8, Diagram 9, and Diagram 10 attached to By-law [Clerks to supply by-law ##];

(iii) "lot" is defined as the lands outlined by black lines collectively Block 1, Block 2, Block 3, Block 4 (Part A), Block 4 (Part B), Block 5, Block 6, and Block 7 as identified on Diagram 5 attached to By-law [Clerks to supply by-law ##];

(iv) "lot line" is defined to include the boundary of any of Block 1, Block 2, Block 3, Block 4 (Part A), Block 4 (Part B), Block 5, Block 6, and Block 7 as identified on Diagram 5 attached to By-law [clerks to supply by-law #];

(v) the "existing office building" and "existing parking garage" located on Block 1 are as identified on Diagram 6 and Diagram 7 attached to By-law [Clerks to supply by-law ##] and are lawfully existing buildings forming existing parts of a building or structure on the lands as of the date of this By-law [Clerks to supply by-law ##] coming into force and effect;

(C) Despite Regulation 40.5.40.10(1) and (2), the height of a building or structure is the vertical distance between the Canadian Geodetic Datum elevations as identified below and the elevation of the highest point of the building or structure, as follows:

(i) On Block 1, the Canadian Geodetic Datum elevation is 161.88 metres;

(ii) On Block 2, the Canadian Geodetic Datum elevation is 163.05 metres;

(iii) On Block 4, the Canadian Geodetic Datum elevation is 160.65 metres:

(iv) On Block 5, the Canadian Geodetic Datum elevation is 160.59 metres; and

(v) On Block 7, the Canadian Geodetic Datum elevation is 159.50 metres;

(D) In addition uses permitted in Clause 40.10.20.10, self-storage warehouse and warehouse are permitted in any existing building on the lands as of the date of August 3, 2022;

(E) Despite Regulation 40.10.20.40(1), dwelling units are permitted in a building or structure, except on Block 1;

(F) Despite Regulation 40.10.40.1(1), residential use portions in a mixed use building are permitted on the same storey as non-residential use portions of the building and may be located at the ground level;

(G) Despite Regulation 40.10.20.40(1), townhouses are permitted on the lands located within the PA4 Overlay Map;

(H) Despite Regulation 40.10.40.10(3), the permitted maximum height of a building or structure is the number, in metres, following the letters "HT" on Diagram 6, Diagram 7, Diagram 8, Diagram 9, and Diagram 10 attached to By-law [Clerks to supply by-law ##];

(I) Despite Regulation 40.10.40.10(7), the maximum number of storeys in each building or structure is the number following the letters "ST" on Diagram 6, Diagram 7, Diagram 8, Diagram 9, and Diagram 10 attached to By-law [Clerks to supply by-law ##];

(i) For the purposes of this exception, a mezzanine located above the first storey and below the second storey of a building does not constitute a storey; and

(ii) For the purposes of this exception, the second level of any at grade dwelling units on Block 2 and Block 4, which contain two levels in a mixed use building does not constitute a storey;

(J) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, measured between the floor of the first storey and the floor of the storey above, is 3.0 metres for residential uses and 4.5 metres for non-residential uses;

(K) Despite Regulations 40.5.40.10(4), (5), (6), and (8), the following equipment, structures or elements of a building may exceed the maximum permitted height as follows:

(i) public art features and landscaping;

(ii) exit stairs and associated structures and enclosures, telecommunication equipment, antennas, structures and elements related to drainage and roof assemblies, and structures and elements associated with green energy and renewable energy facilities, up to a maximum of 5.0 metres

(iii) architectural features, parapets, and architectural screens, up to a maximum of 4.0 metres;

(iv) unenclosed structures providing safety or wind protection, or rooftop amenity space and vestibules providing access to rooftop amenity space, open air recreation structures including a pool and associated equipment, up to a maximum of 4.0 metres;

(v) elements and structures associated with green roof technology and related roofing material, and a parapet wall for a green roof, up to a maximum of 2.5 metres;

(vi) awnings, canopies, and light fixtures, up to a maximum of 3.0 metres;

(vii) building maintenance units and window washing equipment, up to a maximum of 5.0 metres;

(L) Despite Regulation 40.5.40.10(8)(A), equipment, structures or parts of a building listed in Regulation 40.5.40.10(4) located on the roof of a tower portion of a building on the lands may exceed the permitted maximum height for that building:

(i) to a maximum of 7.0 metres;

(ii) the total area of all equipment, structures, or parts on the roof of the tower portion of that building on Block 4, Block 5, and Block 7 may not exceed 500 square metres, and on Block 2 may not exceed 750 square metres, measured horizontally;

(iii) vents, flues, stacks, and lightning rods may further exceed the permitted maximum height in (i) by a maximum of 3.0 metres

(M) For the purposes of this exception, a "tower" is the portion of a building which collectively enclose the entirety of a residential storey higher than a height of 27.5 metres above the Canadian Geodetic Datum elevations identified in (C) above, and where the maximum gross construction area of any storey located above a height of 27.5 metres, excluding balconies, does not exceed 750 square metres;

(N) Despite Regulations 40.10.40.40(1), the permitted maximum gross floor area on Block 1, Block 2, Block 4 (Part A), Block 4 (Part B), Block 5, and Block 7 identified on Diagram 5 must not exceed 251,315 square metres and 3,208 dwelling units, and subject to the following:

(i) a maximum residential gross floor area of 232,800 square metres on the lands;

(ii) a minimum of 16,091 square metres of non-residential gross floor area, including 14,033 square metres of existing office on Block 1;

(iii) a maximum of 63,300 square metres of gross floor area on Block 2;

(iv) a maximum of 98,600 square metres of gross floor area on Block 4 (Part A) and Block 4 (Part B);

(v) a maximum of 22,300 square metres of gross floor area on Block 5; and

(vi) a maximum of 52,100 square metres of gross floor area on Block 7;

(vii) a maximum total of 2,228 dwelling units on Block 2 and Block 4 (Part A) and Block 4 (Part B); and

(viii) a maximum total of 980 dwelling units on Block 5 and Block 7;

(O) Of the total number of dwelling units permitted in (L) above, each building on Block 2, Block 4, Block 5, and Block 7 with more than 80 dwelling units will include:

(i) a minimum of 25 per cent must be two-bedroom dwelling units; and

(ii) a minimum of 10 per cent must be three-bedroom dwelling units or larger;

(P) Despite Regulations 40.10.20.10(1)(B) and 40.10.20.20(1)(B), residential uses are not permitted on all or any part of Block 1;

(Q) A minimum of ten per cent of all gross floor area on the lands south of public street A will be provided as non-residential uses on Block 1, Block 2 and/or Block 4 as shown on Diagram 5 of this By-law;

(R) A minimum of 929 square metres of gross floor area must be provided for a day nursery in a building on Block 4;

(S) A minimum of 1,125 square metres of gross floor area must be provided as community centre uses on Block 5;

(T) In addition to the exclusions listed in Clause 40.5.40.40, the gross floor area of a building is also reduced by:

(i) the lawfully existing above ground parking garage on Block 1;

(ii) the day nursery on Block 4, required by Schedule A of this By-law; and

(iii) the community centre on Block 5, required by Schedule A of this By-law;

(U) Despite Regulation 40.10.40.50(1), the required amenity space may be distributed and shared within each block;

(V) Despite Regulations 40.10.40.70(3) and 40.10.40.80(2), the required minimum building setbacks and minimum separation of main walls must be provided as shown on Diagram 6, Diagram 7, Diagram 8, Diagram 9, and Diagram 10 of By-law [Clerks to supply by-law ##];

(W) Despite Regulation 40.5.40.60(1) and Clause 40.10.40.60, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) public art features and landscaping;

(ii) wind mitigation features, up to a maximum of 3.0 metres; and

(iii) architectural features, up to a maximum of 1.0 metres;

(iv) access ramps, stair enclosures, fences, patios, and terraces, up to a maximum of 3.0 metres;

(v) balconies, up to a maximum of 1.8 metres and subject to (X) below;

(vi) awnings and canopies may encroach a maximum of 2.7 metres into the required building setbacks identified, if no part of the canopy, awning or similar structure is more than 5.0 metres above the elevation of the ground directly below it;

(X) Despite Regulation 40.10.40.60(1) and (V) above, balconies may not encroach into the required building setbacks, as identified for the buildings on Diagram 6, Diagram 7, Diagram 8, Diagram 9, and Diagram 10 attached to By-law [Clerks to supply by-law ##], for the portion of the base building below the height of;

(i) 27.5 metres for Building 2A;

(ii) 24.0 metres for Building 2B;

(iii) 23.0 metres for Building 4A and Building 4B; and

(iv) 16.0 metres for Building 4C, Building 4D, Building 5A, Building 7A and Building 7B;

(Y) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided and maintained on the lands in accordance with the following:

(i) a minimum 0.5 residential occupant parking spaces for each dwelling unit;

(ii) a minimum of 0.1 visitor parking spaces for each dwelling unit in an apartment building or mixed use building;

(iii) a minimum 1.0 parking space for each 100 square metres of gross floor area for retail store or office uses;

(iv) a minimum of 0.4 parking spaces must be provided for each 100 squares metres of gross floor area for other permitted non-residential uses, including the day nursery on Block 4 and the community centre on Block 5; and

(v) the lawfully existing above ground parking garage on Block 1, may satisfy the parking requirement for all uses on Block 1;

(Z) Despite Regulations 200.5.10.1(2), (3) and (5) and (Y) above, parking spaces required for non-residential uses and for dwelling unit visitors may be:

(i) shared on a non-exclusive basis;

(ii) provided within public parking in a parking garage or existing parking garage;

(iii) for Block 2, provided within public parking in the existing parking garage; and/or

(iv) located within the same Block as shown on Diagram 5 attached to By-law [Clerks to supply by-law ##] and for the purposes of this provision, Block 4 (Part A) and Block 4 (Part B) as shown on Diagram 5 of By-law [Clerks to supply by-law #] are considered the same "block";

(AA) Despite Regulation 200.5.1.10(2)(A)(ii), (Y) and (Z) above;

(i) a minimum of five (5) of the required parking spaces must be for the exclusive use of the community centre on Block 5 during its hours of operations;

(ii) a minimum of three parking spaces under (i) above must have a minimum width of 3.9 metres;

(iii) a minimum of 4 of the required parking spaces must be for the exclusive use of the day nursery on Block 4 during its hours of operations; and

(iv) a minimum of four parking spaces under (iii) above must have a minimum width of 3.9 metres;

(BB) Despite Regulation 200.5.10.1(1), "car-share parking spaces" may replace parking spaces otherwise required for residential occupants, subject to the following:

(i) a reduction of four (4) resident occupant parking spaces will be permitted for each "car-share parking space" provided; and

(ii) the maximum reduction permitted be capped by the application of the following formula:

a. four (4) multiplied by the total number of dwelling units divided by 60, and rounded down to the nearest whole number;

(iii) “car-share" or "car-sharing” means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and such car-share motor vehicles are made available to at least the occupants of the building or short-term rental, including hourly rental; and

(iv) “car-share parking space” means a parking space exclusively reserved and signed for a car used only for car-share purposes.

(CC) Despite (Y) above, the total minimum number of vehicle parking spaces required on a lot may be reduced at a rate of 1 vehicle parking space for every 5 bicycle parking spaces provided in excess of the minimum number of bicycle parking spaces required, if the reduction of vehicle parking spaces is not greater than 20% of the total minimum vehicle parking spaces required;

(DD) Despite Regulation 200.15.1(1), (3) and (4), accessible parking spaces must be provided on each Block as follows:

(i) An accessible parking space must have the following minimum dimensions:

a. length of 5.6 metres;

b. width of 3.4 metres; and

c. vertical clearance of 2.1 metres;

(ii) The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;

(iii) Accessible parking spaces must be the parking spaces closest to a barrier free:

a. entrance to a building;

b. passenger elevator that provides access to the first storey of the building; and

c. and shortest route from the required entrances in (DD)(iii) a. and b;

(EE) Despite Regulation 230.5.1.10(4), if a stacked bicycle parking space is provided, its minimum dimensions must comply with the following:

(i) minimum length of 1.8 metres;

(ii) minimum width of 0.4 metres;

(iii) minimum vertical clearance of 1.2 metres;

(FF) The issuance of building permits, excluding demolition permits, are subject to the following:

(i) prior to issuance of any above-grade building permit for building 4A and building 4B on Block 4 (Part A), as shown on Diagram 5 and Diagram 8 attached to By-law [Clerks to supply by-law], the streets identified as street B1 as shown on Diagram 5 and Diagram 6 of By-law [Clerks to supply by-law ##] must be constructed and conveyed to the City;

(ii) prior to issuance of any above-grade building permit for building 4C and building 4D on Block 4 (Part B), and any building on Block 5, and any building on Block 7 as shown on Diagram 5, Diagram 6, Diagram 8, Diagram 9 and Diagram 10 attached to By-law [Clerks to supply by-law], the streets identified as street A, street B1, and street B2 as shown on Diagram 5 and Diagram 6 of By-law [Clerks to supply by-law ##] must be constructed and conveyed to the City;

(iii) prior to issuance of any above-grade building permit for building 5A as shown on Diagram 6 and Diagram 9 attached to By-law [Clerks to supply by-law], the street identified as street C as shown on Diagram 5 and Diagram 6 of By-law [Clerks to supply by-law ##] must be constructed and conveyed to the City;

(iv) prior to issuance of any above-grade building permit for any building on Block 5 and Block 7 as shown on Diagram 5 and Diagram 6 attached to By-law [Clerks to supply by-law], the day nursery on Block 4 required by Schedule A attached to By-law [Clerks to supply by-law] must be conveyed to the City;

(v) prior to issuance of any above-grade building permit for any building on Block 4 (Part A), Block 4 (Park B), Block 5 and Block 7 as shown on Diagram 5 and Diagram 6 attached to By-law [Clerks to supply by-law], the lands zoned OR on Diagram 2 [Clerks to supply by-law] and labelled as Block 3 on Diagram 6, Diagram 7, and Diagram 8 of By-law [Clerks to supply by-law] must be conveyed to the City; and

(vi) prior to issuance of any building permit for any building on Block 5 as shown on Diagram 5 and Diagram 7 attached to By-law [Clerks to supply by-law], the lands zoned OR on Diagram 2 [Clerks to supply by-law] and labelled as Block 6 on Diagram 6, Diagram 7, and Diagram 10 of By-law [Clerks to supply by-law] must be conveyed to the City.

Prevailing By-laws and Prevailing Sections: (None Apply).

10. Despite any future severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.

11. Section 37 Provisions

(A) Pursuant to Section 37 of the Planning Act, as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, C.18, as amended, came into force, and subject to compliance with this By-law, the increase in height and/or density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 in return for the provision by the owner, at the owner’s expense, of the facilities, services and matters set out in Schedule A hereof which are secured by one or more agreements pursuant to Section 37 (3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor;

(B) Where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent upon satisfaction of the same;

(C) The Owner shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law unless all applicable provisions of Schedule A are satisfied; and

(D) Once the agreement or agreements securing the facilities, services and matters set out in Schedule A have been executed and registered, the provisions of Schedule A shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement.

Ontario Land Tribunal Decision and Order effective on August 3, 2022 in File OLT-22-002266.

SCHEDULE A Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City at the owner's expense in return for the increase in height and density of the proposed development on the lands shown in Diagram 1 in this By-law. Prior to the issuance of any building permit, the owner shall enter into an agreement to the satisfaction of the City Solicitor pursuant to Section 37 of the Planning Act as it read on the day before section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force to secure community benefits and matters required to support the development, as follows:

Community Benefits

Affordable Housing

1. The Owner shall provide, on such terms and conditions as specified in the Section 37 Agreement, a minimum of 130 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 15 years with these affordable housing units being provided in a building on Block 2, Block 4 and Block 7 as shown on Diagram 5 and Diagram 6 of this By-law, including the following:

(A) the approximate number of units will be provided as follows on the following Blocks, with the ability to provide the units in an earlier phase satisfactory to the Chief Planner and Executive Director, City Planning (the "Chief Planner"):

(i) 39 new affordable housing dwelling units in Block 2;

(ii) 41 new affordable housing dwelling units in Block 4 (Part A);

(iii) 19 new affordable housing dwelling units in Block 4 (Part B); and

(iv) 31 new affordable housing dwelling units in Block 7;

(B) the affordable housing units must be grouped in no less than 6 contiguous units;

(C) the dwelling unit types and sizes, with such unit sizes be to the satisfaction of the Chief Planner, as follows:

(i) at least 10 percent three-bedroom dwelling units;

(ii) at least 25 percent two-bedroom dwelling units;

(iii) no more than 65 percent one-bedroom dwelling units.

(D) No building permit shall be issued for Block 5 until all of the affordable housing dwelling units are ready and available for occupancy.

Child Care Centre

2. The Owner, at its sole cost and expense, shall design, construct, finish, Commission, Hand-over and convey to the City a non-profit licensable day nursery of a minimum size of 1,200 square metres of interior and exterior space combined that can accommodate approximately 62 child care spaces (10 Infants, 20 Toddlers, 32 Preschoolers) generally comprising interior areas and exterior areas (in reasonable proximity to the interior areas) including the associated outdoor play area, all appliances (major and minor), all situated within the base of a building on Block 4 along a public street, together with access to and egress from, the adjacent public street and from and to the parking spaces described in below (the “Child Care Centre”), including the following:

(A) prior to the earlier of residential occupancy of the building in which the Child Care Centre is located and/or registration of any condominium for the building in which the Child Care Centre is located, the Child Care Centre shall be conveyed to the City, at no cost to the City, in fee simple, in an acceptable environmental condition to the satisfaction of the Executive Director, Corporate and Real Estate Management (the "Executive Director, CREM") and City Solicitor;

(B) dedicated four (4) parking spaces for the exclusive use of the Child Care Centre, if such access to the parking at grade is restricted, such access cards and/or vouchers for accessing the parking must be provided to the General Manager, Children's Services and/or Child Care Operator by the Owner;

(C) the details of the other matters as described in these provisions, such as timing, location, obligations and any such matters to implement the Child Care Centre, will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines and to the satisfaction of the Executive Director, CREM, the General Manager, Children's Services, and the Chief Planner, in consultation with the City Solicitor; and

(D) on, or prior to, the conveyance of the Child Care Centre, the City and the owner enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre, and the development to be constructed within the base building of the development.

3. Prior to the issuance of the first above-grade building permit for the building in which the Child Care Centre will be located, on Block 4 on the Lands:

(A) the Owner shall provide a cost estimate for the design, construction and Hand-over of the Child Care Centre; and

(B) Upon approval of the cost estimate by the Executive Director, CREM and the General Manager, Children’s Services, the Owner shall provide one or more Letters of Credit in an amount(s) sufficient to guarantee 120% of the estimated cost of the design, construction and Hand-over of the Child Care Centre.

4. Prior to conveyance of the Child Care Centre to the City, the Owner shall make a one-time cash contribution in the amount of Four Hundred Thousand Dollars ($400,000.00), subject to Upward Indexing in accordance with the Construction Price Index, calculated from the effective date of this By-law to the date of payment towards the following to the satisfaction of the General Manager, Children's Services:

(A) Two Hundred Thousand ($200,000) toward the Child Care Centre Replacement Reserve Fund to be used towards start-up operating costs, to replace appliances and large equipment due to wear and tear and to support ongoing financial viability; and

(B) Two Hundred Thousand ($200,000) toward play-based toys, furnishings and equipment in accordance with provincial and City standards based on an inventory list provided by the Child Care Centre Operator and/or the General Manager, Children's Services which will be finalized and approved by the General Manager, Children's Services.

Community Space

5. The Owner shall design, construct, and convey to the City, for nominal consideration and at no cost to the City, a minimum 1,125 square metres of useable GFA of community space in a location on Block 5 satisfactory to the Chief Planner, the Executive Director, CREM, in fee simple interest, in an acceptable environmental condition, on such terms and conditions as set out in the Section 37 Agreement all satisfactory to the Executive Director, CREM and the City Solicitor (the "Community Space"). For greater certainty, the Community Space shall not form a unit within any condominium within the development.

6. A minimum of five (5) parking spaces shall be provided for the Community Space in a location satisfactory to the Chief Planner, which will be signed and available for the exclusive use of visitors to the Community Space during the typical operating hours of the tenant(s) of the Community Space, with a minimum of three of those exclusive spaces having a minimum width of 3.9 metres to accommodate accessible parking for visitors of the Community Space Outside of the typical operating hours of the tenant(s) of the Community Space.

7. The Owner shall convey the Community Space to the City, the earlier of:

(A) the registration of any condominium for any building on Block 5;

(B) residential use of any part of any building on Block 5; and

(C) No later than five (5) years after the issuance of any above-grade building permit for any Building on Block 5,

8. Prior to issuance of the first above-grade building permit for all or any part of Block 5, the Owner shall first provide the City with a cost estimate of the Community Space satisfactory to the Chief Planner, the Executive Director, CREM, and the Executive Director, Social Development and Finance Administration (the "Executive Director, SDFA"), and subsequent to acceptance of the cost estimate, the Owner shall provide to the City Financial Security that is one hundred and twenty (120%) percent of the value of the Community Space. The Owner may elect to apply for reduction(s) of the Financial Security provided to the City for the Community Space as follows:

(A) Forty (40) percent at Base Building Condition;

(B) Forty (40) percent at substantial completion of the Community Space under the Construction Act;

(C) Ten (10) percent at the end of the construction lien period under the Construction Act, provided there are no liens registered that have not been either vacated or discharged at the time of the request for reduction under this Subsection in respect of the Community Space; and,

(D) Ten (10) percent upon the expiry of the Community Space Warranty Period, as defined in the Section 37 Agreement.

9. Prior to the issuance of Site Plan approval for any part of Block 5, the Owner shall prepare the final Design Submission for the Community Space and the Owner shall obtain written approval from to the Chief Planner, the Executive Director, CREM, and the Executive Director, SDFA for such final Design Submission of the Community Space.

Meadoway Entry Garden Cash Contribution

10. Prior to the issuance of any above grade building permit for the lands, the Owner shall pay to the City the sum of Two Hundred Thousand Dollars ($200,000.00) subject of upwards indexing from the date this By-law is in force and effect to the day of provision of the contribution for the purpose of the Meadoway Entry Garden.

Matters required to support the development

Public Art

11. The owner shall prepare, at its expense, a Public Art plan (the “Public Art Plan”) for the provision of Public Art, up to a maximum value of One Million Dollars ($1,000,000.00), subject of upwards indexing from the date this By-law is in force and effect to the day of provision of the Public Art Plan, upon the lands or adjacent City-owned lands and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms and conditions satisfactory to the Chief Planner and the City Solicitor; the Public Art Plan may include design strategies to incorporate indigenous culture/history throughout the lands.

12. Prior to the issuance of the first above grade building permit for the lands, the owner shall provide financial security in the form of a Letter of Credit for public art, identified in the approved Public Art Plan to secure the commission and installation of public art in accordance with the approved Public Art Plan in Clause 11 above.

TDM Measures

13. The Owner shall provide the following required transportation improvements and transportation demand management measures identified in the Multi-Modal Transportation Impact Study accepted and satisfactory to the General Manager, Transportation Services (the "General Manager, TS")and secured to the satisfaction of the City Solicitor and the Chief Planner in the Zoning By-law Amendment in addition to the following identified matters:

(A) the owner shall provide to the City the sum of Five Hundred Thousand Dollars (500,000.00) as financial security for the future implementation of a minimum of ten (10) bike-share stations, at location(s) that may be determined by the Chief Planner and the General Manager, TS, as follows:

(i) Prior to the issuance of any above grade building permit on Block 2, the Owner shall provide to the City a Financial Security in the amount of One Hundred and Fifty Thousand Dollars ($150,000.00);

(ii) Prior to the issuance of any above grade building permit on Block 4A, the Owner shall provide to the City a Financial Security in the amount of One Hundred and Fifty Thousand Dollars ($150,000.00);

(iii) Prior to the issuance of any above grade building permit on Block 4B, the Owner shall provide to the City a Financial Security in the amount of Fifty Thousand Dollars ($50,000.00);

(iv) Prior to the issuance of any above grade building permit on Block 5, the Owner shall provide to the City a Financial Security in the amount of Fifty Thousand Dollars ($50,000.00); and

(v) Prior to the issuance of any above grade building permit on Block 7, the Owner shall provide to the City a Financial Security in the amount of One Hundred Thousand Dollars ($100,000.00).

(B) prior to the issuance of any above grade building permit on each Block where a bike repair station is planned and identified in the site plan approval application, the Owner shall provide a letter of credit for One Thousand Five Hundred Dollars ($1,500) for each bike repair station thereafter provide evidence of installation in a form satisfactory to the General Manager, TS for such financial security to be returned;

(C) prior to the issuance of any above grade building permit for each block, the owner shall provide a letter of credit for Five Thousand Dollars ($5,000.00) per block for the provision real-time transportation information screen and thereafter provide evidence of installation, such as in a form satisfactory to the General Manager, TS for such financial security to be returned;

(D) prior to the issuance of any above grade building permit for the lands, the owner shall provide to the City a financial contribution of Two Hundred Thousand Dollars ($200,000.00) for the future Victoria Park Avenue or Warden Avenue Transit Study;

(E) prior to the issuance of any above grade building permit for the lands, the owner shall provide a financial contribution to the City in the amount of Forty Thousand Dollars ($40,000.00) for a future Golden Mile Transportation Monitoring Study;

(F) Whereas the items in Clause 13. (A) to (E) above, shall be in Canadian funds, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date this By-law is in force and effect to the date of payment;

(G) the owner shall provide a PRESTO pass to each of the affordable housing units, each pre-loaded with the value of one yearly PRESTO fare to the satisfaction of the Chief Planner and the General Manager, TS; and

(H) the owner shall provide a minimum of 500 bike share annual memberships to the satisfaction of the Chief Planner and the General Manager, TS, of which, there shall be bike share memberships provided to each of the 130 affordable housing units.

Parkland Dedication

14. Prior to the issuance of any building permit on Block 4A, Block 5 and Block 7 and prior to any residential use of the final building on Block 2, the Owner shall:

(A) convey, in fee simple to the City, a minimum of 2,600 square metres of land for public park purposes in the general location identified on Diagram 5 and Diagram 6 of this By-law, (the “Block 3 Parkland”) to the satisfaction of General Manager, Parks, Forestry & Recreation (the "General Manager, PFR") and where the Block 3 Parkland and shall partially satisfy the Owner’s Statutory Parkland Dedication requirement;

(B) convey the Block 3 Parkland free and clear above-grade and below-grade of all physical obstructions and easements, encumbrances, unless otherwise permitted in writing by the General Manager, PFR or as otherwise permitted by this Agreement, and free and clear of all title encumbrances including, but not limited to all easements, rights-of-way, leases, charges, and encroachments, including surface and subsurface easements, to the satisfaction of General Manager, PFR and the City Solicitor; and

(C) complete the environmental obligations outlined in the Section 37 Agreement to the satisfaction of General Manager, PFR.

15. Prior to the issuance of any building permit on Block 5 and prior to any residential use on Block 7 (excluding the townhouse on Block 7), the Owner shall:

(A) convey, in fee simple to the City, a minimum of 3,200 square metres of land for public park purposes in the general location identified on Diagram 5 and Diagram 6 of this By-law, (the “Block 6 Parkland”) to the satisfaction of General Manager, PFR and where the Block 6 Parkland and shall partially satisfy the Owner’s Statutory Parkland Dedication requirement;

(B) convey the Block 6 Parkland free and clear above-grade and below-grade of all physical obstructions and easements, encumbrances, unless otherwise permitted in writing by the General Manager, PFR or as otherwise permitted by this Agreement, and free and clear of all title encumbrances including, but not limited to all easements, rights-of-way, leases, charges, and encroachments, including surface and subsurface easements, to the satisfaction of General Manager, PFR and the City Solicitor; and

(C) complete the environmental obligations outlined in the Section 37 Agreement to the satisfaction of General Manager, PFR.

Other matters

16. The owner shall provide, at their sole cost and expense, a wind tunnel testing for the development as part of a site plan control application, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner.

17. The Owner shall provide the following privately owned publicly accessible open spaces on the lands shown on Diagram 1 of this By-law, whereby as a pre-approval condition to Site Plan Approval for each Building or Block as specified in the Section 37 Agreement, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open spaces and any required public access easements to connect the privately owned publicly accessible open spaces to adjacent privately owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately owned publicly accessible open spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open spaces at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly accessible open spaces shall be determined in the context of a site plan approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City:

(A) A minimum of 444 square metres for Block 2 on the lands with the specific size, location, configuration and design to be determined to the satisfaction of the Chief Planner at the time of and through the Site Plan Approval for Block 2;

(B) A minimum of 303 square metres for Block 4 on the lands with the specific size, location, configuration and design to be determined to the satisfaction of the Chief Planner at the time of and through the Site Plan Approval for Block 4;

(C) A minimum of 208 square metres for Block 5 on the lands with the specific size, location, configuration and design to be determined to the satisfaction of the Chief Planner at the time of and through the Site Plan Approval for Block 5; and

(D) A minimum of 234 square metres for Block 7 on the lands with the specific size, location, configuration and design to be determined to the satisfaction of the Chief Planner at the time of and through the Site Plan Approval for Block 7.

18. The Owner shall provide public access easements to provide access to and through the lands shown on Diagram 1 of this By-law for the mid-block connection(s) and private street to the satisfaction of the Chief Planner, with the exact location, design and timing of delivery of the vehicular and pedestrian easement to be determined in the context of a Site Plan Approval; the owner shall own, operate, maintain and repair the public easement area and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the public easement at certain times of the day and night, and the owner may restrict other uses of this space, so long as they do not unreasonably obstruct pedestrian movement of persons of all ages and abilities with such matters determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City.

19. Prior to the issuance of Site Plan Approval for any part of the lands, the owner shall provide a Design Brief, to the satisfaction of the Chief Planner.

20. Prior to the issuance of Site Plan Approval for Block 4, the Owner will submit design details to the satisfaction of the Chief Planner and General Manager, Transportation for the cycling interchange at Thermos Road and Eglinton Avenue East.

21. The owner will construct and maintain the lands in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the lands.

22. The requirements for a construction management plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and the General Manager, TS as set out in the Section 37 Agreement.

23. The Section 37 Agreement shall identify the implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the owner and any such implementation measures secured in the appropriate agreements.

24. The appropriate agreement(s) shall identify the conditions and matters as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton LRT, utility companies Toronto District School Board, Toronto District Catholic School Board, and the Toronto and Region Conservation Authority based on their review of the development applications, all of which are identified satisfactory to the Chief Planner and secured in the appropriate agreement(s), the Section 37 Agreement and conditions of Site Plan Approval (where appropriate), satisfactory to the City Solicitor.

25. The Owner shall provide a commemoration plan and heritage plaque for the former Lucas-Rotax Aircraft Equipment Co. factory at the property known municipally as 75 Thermos Road, to be secured as part of the Site Plan application for Block 4.

Public Streets

26. The Owner covenants and agrees that no Above-Grade Building Permit shall be issued for Block 4 (Part A), until Street B1 is constructed (to base course asphalt). A temporary cul-de-sac is not required for Street B1, provided a temporary access easement is provided along the north boundary of Block 4 (Part A) to permit vehicular access to Thermos Road or if Street B1 and Street B2 are constructed and conveyed at the same time to the satisfaction of the General Manager, Transportation. The details of the easement will be secured through a Site Plan Application for any Building on Block 4 (Part A) or Block 4 (Part B).

27. The Owner covenants and agrees that no above-grade building permit shall be issued for Block 4 (Part B), Block 5 and Block 7 until Street A, Street B1 and Street B2 are constructed (to base course asphalt).

28. The Owner covenants and agrees that no above-grade building permit on Block 5 until Street C is constructed (to base course asphalt). A temporary cul-de-sac is not required, provided a temporary access easement is provided along the north boundary of Block 5 to permit vehicular access to Thermos Road.

29. The Owner covenants and agrees that there will be no building permits issued on any Blocks, other than a below-grade building permit on Block 1 and Block 2 as shown on Diagram 5 of this By-law, until a Municipal Infrastructure Agreement is executed to secure the new external upgrades required to service the Lands unless otherwise secured in the conditions of subdivision approval and Subdivision Agreement.

30. The Owner covenants and agrees that there will be no building permits on Block 4 (Part A), Block 4 (Part B), Block 5 and Block 7, except as otherwise determined in the Section 37 Agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, until:

(A) the new sanitary sewer is constructed and operational for 199 metres of a new 375-450 mm sanitary sewer in Birchmount Road from 90 metres north of Eglinton Avenue East to the Trunk Sewer (near intersection of Birchmount Road & Ashtonbee Road);

(B) the new sanitary sewer is constructed and operational for 90 metres of new 300mm sanitary sewer in Birchmount Road from the intersection of Eglinton Avenue East and Birchmount Road to be extend the new sanitary sewer in Birchmount Road;

(C) the new sanitary sewer is constructed and operational for 175 metres of 300mm sanitary sewer in Eglinton Avenue East to be connected to the new sewer in Birchmount Road; and,

(D) the new storm sewer is constructed and operational for 53 metres of new 300mm storm sewer in Thermos Road to be connected to the existing storm sewer in Thermos Road.

31. The Owner covenants and agrees that no building permit will be issued on Block 2, other than a below-grade building permit on Block 2 as shown on Diagram 5 of this By-law if Clause 29 above is complied with, until the existing 200mm watermain on Rannock Street and East-West Craigton Drive has been upgraded to a 300mm watermain and such upgrade is operational, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

32. As part of Draft Plan of Subdivision Application, the Owner shall provide to the City a revised Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

33. The Owner covenants and agrees that no above-grade building permits will be issued on Block 4 (Part A) until the municipal services installed within Street B1 are constructed.

34. The Owner covenants and agrees that no above-grade building permit on Blocks 5 and 7 and Block 4 (Part B) will be issued until the municipal services are installed within Street A, Street B1 and Street B2.