ISSUE DATE:

December 09, 2022

CASE NO(S).:

OLT-22-002927

(Formerly PL190438)

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

Appellant:

2515496 Ontario Inc.

Subject:

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

Description:

To permit the redevelopment of four 3-storey townhouse units

Reference Number:

18 161483 STE 22 OZ

Property Address:

206 Russell Hill Road

Municipality/UT:

Toronto/Toronto

OLT Case No:

OLT-22-002927

Legacy Case No:

PL190438

OLT Lead Case No:

OLT-22-002927

Legacy Lead Case No:

PL190438

OLT Case Name:

2515496 Ontario Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006 S.O. 2006, c. 11, as amended

Subject:

Site Plan

Description:

To permit the redevelopment of four 3-storey townhouse units

Reference Number:

18 161486 STE 22 SA

Property Address:

206 Russell Hill Road

Municipality/UT:

Toronto/Toronto

OLT Case No:

OLT-22-002928

Legacy Case No:

PL190439

OLT Lead Case No:

OLT-22-002927

Legacy Lead Case No:

PL190438

PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18

Description:

Appeal of the Decision of Council on an application to demolish or remove a building or structure

Property Address:

206 Russell Hill Road

Municipality/UT:

Toronto/Toronto

OLT Case No:

OLT-22-002929

Legacy Case No:

MM200002

OLT Lead Case No:

OLT-22-002927

Legacy Lead Case No:

PL190438

Heard:

November 22, 2022, via Telephone Conference Call

APPEARANCES:

Parties

Counsel

2515496 Ontario Inc.

City of Toronto

Nicholas Macos

Daniel Elmadany

MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON NOVEMBER 22, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This decision is the result of a Settlement hearing which initially occurred on March 7, 2022. The initial decision determined that the appeals under s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act, 2006, and s. 34.1(1) of the Ontario Heritage Act, R.S.O 1990, should be allowed in principle. The initial decision determined that the final order would be withheld pending that the Tribunal would be satisfied that certain conditions have been met.

2On August 8, 2022, the Tribunal ordered that the conditions of s. 34(11) of the Planning Act had been satisfied and finalized that portion of the order to amend Zoning By-law No. 438-86 of the former City of Toronto, as amended, and Zoning By-law No. 569-2013 of the City of Toronto, as amended.

3The matter before the Tribunal on this date was the satisfaction of the conditions of s. 114(15) of the City of Toronto Act, 2006.

BACKGROUND

4The Subject Property is located at 206 Russell Hill Road, Toronto.

5The Subject Property is located in the South Forest Hill neighbourhood and is bound by St. Clair Avenue West to the north, Avenue Road to the east and Sir Winston Churchill Park to the west and south. The application proposes to demolish the existing 3-storey residential dwelling and replace it with four townhouse units, each of a 3-storey height with below grade parking.

DAY OF HEARING

6The Tribunal heard from one witness, Mr. Todd Trudelle. Mr. Trudelle was affirmed and approved as an expert in land use planning. The Tribunal approved Mr. Trudelle without refute, to give expert opinion evidence in the area of land use planning.

7Mr. Trudelle’s Witness Statement was submitted as Exhibit #1 to the hearing. The Visual Evidence was submitted as Exhibit #2 to the hearing.

8Mr. Trudelle took the Tribunal through his Witness Statement and specifically, s. 114 of the City of Toronto Act, 2006.

ANAYLIS AND FINDINGS

9The Tribunal reviewed the oral testimony, the Witness Statement and the Visual Evidence that was provided. Mr. Trudelle’s conclusions and recommendations confirmed that the proposal is in conformity with the City of Toronto Official Plan. The proposal complies with the setback requirements of the abutting Nordheimer Ravine. The Proposal satisfies the relevant provisions of the Townhouse and Low-Rise Apartment Guidelines. The proposal appropriately implements the zoning as approved in the OLT decision of August 8, 2022. The proposal will support the neighbourhood, is in the public interest, and represents good planning.

10The Tribunal finds that the Appeal under s. 114(15) of the City of Toronto Act, 2006, should be allowed, in part, and the Site Plan Application be approved in principle subject to the pre-approval and post-approval conditions substantially being met in accordance with Attachment “A” of this Decision.

ORDER

11THIS MATTER having come on for a written hearing and subsequent Telephone Conference Call, with viva voce and affidavit evidence in support of the revised Site Plan Application before the Ontario Land Tribunal (the “Tribunal”) to implement the Decision and Order of the Tribunal on the Zoning By-law Amendment issued on August 8, 2022;

12THE TRIBUNAL in this Decision and Order having determined that the appeals under 114(15) of the City of Toronto Act, 2006 (the “Appeal”) should be allowed, in part, and the Site Plan Application approved, in principle;

13THE TRIBUNAL ORDERS THAT the Site Plan Control application is subject to the pre-approval and post-approval conditions pursuant to Section 114 of the City of Toronto Act, 2006 substantially in accordance with Attachment "A" to this Order; and

14THE TRIBUNAL'S ORDER on the Final Approval of the Site Plan Control (OLT-22-002928) Application is withheld pending receipt of confirmation from the City Solicitor that the owner has satisfied all the pre-approval conditions under Part A in the Conditions of Approval contained in Attachment "A".

“S. deBOER”

S. DEBOER

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 “A”

NOTICE OF APPROVAL CONDITIONS

Re: Notice of Approval Conditions

Site Plan Control Application No. 18 161486 STE 22 SA

206 Russell Hill Road

PLAN 364E PT LOT 72 PT RESERVE

Ward 12 - Toronto-St. Paul's

The Ontario Land Tribunal (the "Tribunal") has been provided written evidence on the site plan referral (Case No. OLT-22-002928) comprised of the following plans and drawings:

Drawing No.

Drawing Name

Prepared By

Drawing Plot Date

A1-1

Site Plan

Rafael+Bigauskas Architects

August 25,

2022

A2-1

Garage Plan

Rafael+Bigauskas Architects

April 6, 2022

A3-1

Basement Plan Ground Floor (Unit 1) (Porches, Decks, Exterior Stairs and Walkway locations only)

Rafael+Bigauskas Architects

April 6, 2022

A3-2

Ground Floor Plan, Second Floor (Unit 1) (Porches, Decks, Exterior Stairs and Walkway locations only)

Rafael+Bigauskas Architects

April 6, 2022

A3-3

Second Floor Plan, Third Floor (Unit 1) (Porches, Decks, Exterior

Stairs and Walkway locations only)

Rafael+Bigauskas Architects

April 6, 2022

A3-4

Third Floor and Roof Plan (Roof only)

Rafael+Bigauskas Architects

April 6, 2022

A4-1

Side Elevation (North and South)

Rafael+Bigauskas Architects

April 6, 2022

A4-2

Front and Rear Elevations (East and West) and Russell Hill Road

Rafael+Bigauskas Architects

April 6, 2022

LS-100

Landscape Site Plan

Studio TLA

August 23,

2022

The Tribunal's approval of the Notice of Approval Conditions does not constitute site plan approval. The Tribunal's Final Order approving the above plans and drawings is withheld and the City Solicitor shall advise the Tribunal to issue its Final Order on the plans and drawings listed herein and to satisfy applicable law requirements of Section 114 of the City of Toronto Act, once the owner has satisfied all of the pre-approval conditions set out herein.

It is the owner’s responsibility to work with the respective City divisions to satisfy the pre- approval conditions set out below. Please note that if the pre-approval conditions are not fulfilled within two (2) years of the date of this notice, then this notice is no longer valid and a new

submission is required to the City unless a written request for time extension is received and granted by the Chief Planner or their designate.

PART A. PRE-APPROVAL CONDITIONS

LEGAL SERVICES – Stephanie Morrow – 416-397-5379

1. Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall enter into the City’s standard site plan agreement to and including registration of the site plan agreement on title to the subject lands by the City at the owner’s expense.

CITY PLANNING – Jason Tsang – 416-392-4237

2. Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit a financial security in the amount of $208,700.00 in the form of a Letter of Credit or certified cheque, payable to the Treasurer, City of Toronto, to guarantee the provision of landscape development works as detailed on the approved Landscape Plans to the satisfaction of the Director, Community Planning, Toronto and East York District.

PARKS, FORESTRY & RECREATION – Drew Graham - 416-396-7349

Conveyance of Ravine Lands

3. Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit a draft Reference Plan of survey to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Parks, Forestry and Recreation, for review and approval, prior to depositing it in the Land Registry Office for the lands to be conveyed to the City that are adjacent to the Nordheimer Ravine. The Reference Plan should:

(a) be in metric units and integrated to the 1983 North American Datum (Canadian Spatial Reference System) and the 3 degree Modified Transverse Mercator Projection);

(b) delineate by separate PARTS the natural heritage lands to be conveyed to the City, the remainder of the site, and any appurtenant rights-of-way and easements, as applicable;

(c) show the co-ordinate values of the main corners of the subject lands in a schedule on the face of the Plan.

4. The owner shall pay all costs for the preparation and registration of the Reference Plan(s).

5. Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall prepare all documents and convey to the City, at nominal consideration and at no cost to the City, a at the rear of the property at 206 Russell Hill

Road, adjacent to the Nordheimer Ravine lands owned by the City, as identified on the approved and deposited Reference Plan, in fee simple as lands to be added to the natural heritage system. Said lands are to be free and clear of all physical and title encumbrances, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

6. Prior to the issuance of the Tribunal's final Order approving the above plans and drawings and prior to the conveyance of the Ravine Lands identified on the approved and deposited Reference Plan, the owner shall provide confirmation from its/their surveyor certifying that there are no physical encumbrances located within Ravine Lands to the conveyed to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

URBAN FORESTRY – TREE PROTECTION AND PLAN REVIEW – Grant Winters – 416-392-7390

7. Permit Application and Fee: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit to the Supervisor, Urban Forestry – Tree Protection & Plan Review, Toronto & East York District a complete “Application to Injure or Remove Trees” and associated application fee in the amount of $755.34 (Current fees: $377.67 per City Street tree, $377.67 per private subject site tree, and

$790.64 per private boundary/neighbour tree) for the One (1) City-owned street tree (tree 3) and one (1) by-law regulated privately owned subject site tree (tree 10) proposed for removal. The owner is advised that submission of an application does not guarantee that a permit will be issued and that fees are subject to change. As part of the review process, Urban Forestry will independently assess the condition of the trees and the reason for their proposed removal against the provisions of the applicable by-law. The owner may be required to submit revised plans and Urban Forestry may be required to notify the community, (co-)owner(s) of boundary/neighbour trees, consult with the ward councillor, and/or report to Council. The owner is advised that By-law regulated trees may not be injured or removed until a Permit to Injure or Destroy a Tree has been issued by Urban Forestry, a Building or Demolition Permit has been obtained, and the construction which warrants tree injury/removal has commenced.

8. Tree Loss Payment: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit to the Supervisor, Urban Forestry – Tree Protection & Plan Review, Toronto & East York District a non-refundable Tree Loss Payment in the amount of $2,337.00, which represents the appraised value of City- owned Tree 3 to be removed and replacement costs. The owner is advised that the cost of tree removal will be borne by the owner.

9. Tree Protection Guarantee Deposit: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit to the Supervisor, Urban Forestry – Tree Protection & Plan Review, Toronto & East York District a Tree Protection Guarantee deposit in the amount of $57,616.00, which represents the appraised value of Nine (9) City-owned Park Trees (tree nos. 30, 32-36, 39, 40, 42) to be preserved with injury, and removal and replacement costs. The Tree Protection Guarantee deposit will be released by the City once all construction activities are complete and compliance with the approved Arborist Report (prepared by Kuntz Forestry, dated July 14, 2022) and

Tree Preservation Plan (prepared by Kuntz Forestry, No. 8, dated July 14, 2022) and all permit terms and conditions have been verified to the satisfaction of the General Manager of Parks, Forestry & Recreation.

10. Cash-in-lieu of Compensation Planting on City-owned Land: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit to the Supervisor, Urban Forestry – Tree Protection & Plan Review, Toronto & East York District a non-refundable cash-in-lieu payment in the amount of $583.00 ($583.00 per tree) for the one (1) required replacement tree not being provided on City-owned land due to space constraints.

11. Cash-in-lieu of Compensation Planting on the Subject Lands: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit to the Supervisor, Urban Forestry – Tree Protection & Plan Review, Toronto & East York District a non-refundable cash-in-lieu payment in the amount of $1,749.00 ($583.00 per tree) for the three (3) required replacement trees not being provided on the subject lands due to space constraints.

URBAN FORESTRY – RAVINE AND NATURAL FEATURE PLANNING – Dan

Hammerschlag – 416-392-1900

12. Tree Compensation Payment: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit a payment of $36,400.00 to Urban Forestry – Ravine and Natural Feature Planning as compensation for the naturalization of 1400 square metres of land located immediately north and west of the subject site within Sir Winston Churchill Park.

13. Tree Compensation Payment: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit a payment of $11,077.00 to Urban Forestry – Ravine and Natural Feature Planning as compensation for required new trees that cannot be implemented on the property (19 trees at $583.00 each).

14. Security Deposit: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall submit security deposit of $3,498.00 to Urban Forestry – Ravine and Natural Feature Planning to secure required tree planting and/or ravine stewardship as per approved plans (6 trees at $583.00 each).

15. Site Protection Installation: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall install tree protection hoarding, root protection and/or sediment control fencing in accordance with the approved plans and to standards as detailed in the City’s Tree Protection Policy and Specifications for Construction near Trees (www.toronto.ca/trees/ravines)) and to the satisfaction of RNFP. Installation must be completed prior to commencement of any site disturbance works or prior to commencement of tree removal activities. Once the tree and site protection measures have been installed, notify Urban Forestry – Ravine and Natural Feature Planning to arrange for an inspection of the site.

16. Urban Forestry – Ravine and Natural Feature Planning Permit: Prior to the issuance of the Tribunal's final Order approving the above plans and drawings, the owner shall obtain the necessary permit from Urban Forestry – Ravine and Natural Feature Planning prior to commencement of site disturbance activities.

PART B. POST APPROVAL CONDITIONS

In addition to the above pre-approval conditions, the following post approval conditions are to be fulfilled by the owner following site plan approval by the Tribunal and will be incorporated into a site plan agreement:

1. The proposed development shall be carried out and maintained in accordance with the plans and drawings referred to herein, to the satisfaction of the City of Toronto.

ENGINEERING AND CONSTRUCTION SERVICES

Facilities to Provide Access to and from the Land

2. The owner shall remove all existing accesses, curb cuts, and traffic control sign(s) along the development site frontage that are no longer required and reinstate the curb, gutter and boulevard within the City's right-of-way, in accordance with City standards and to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services.

3. The owner shall agree to establish a Common Element Condominium for the private driveway located along the south limit of the site, providing for the ongoing maintenance, including winter maintenance of this private driveway.

Off-street Vehicular Loading and Parking Facilities and Access/Driveways

4. The owner shall provide and maintain off-street vehicular parking and loading facilities and access driveways in accordance with the approved plans and drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services

Facilities for the Storage of Garbage and Other Waste Material

5. The owner shall construct and maintain all facilities necessary to permit single family curbside cart City collection of solid waste, organic and recyclable materials in accordance with Chapter 844 of the City of Toronto Municipal Code, Waste Collection, Residential Properties.

6. The owner shall advise residents they are responsible for moving the bins to the curb on collection day and for returning the bins to private property once they are emptied.

7. The owner shall provide certification to the Chief Engineer and Executive Director, Engineering & Construction Services from the architect who designed the building to confirm that all solid waste management facilities have been constructed in accordance with the approved site plan drawings.

Stormwater Management, Grading and Site Servicing

8. The owner shall construct and maintain stormwater management facilities and site grading as recommended in the accepted Stormwater Management Report dated June 2021, prepared by Husson and Site Grading Plan, Drawing No. SW1, Revision 6, dated April 6, 2022, prepared by Husson.

9. The owner shall construct and maintain site servicing as indicated on the accepted Site Servicing Plan, Drawing No. SW2, Revision 7, dated April 6, 2022, prepared by Husson.

10. The owner shall provide certification to the Chief Engineer and Executive Director, Engineering & Construction Services from the Professional Engineer who designed and supervised the construction confirming that the stormwater management facilities and site grading have been constructed in accordance with the accepted stormwater management report and the accepted grading plan.

11. The owner shall provide certification to the Chief Engineer and Executive Director, Engineering & Construction Services from the Professional Engineer who designed and supervised the construction, confirming that the site servicing facilities have been constructed in accordance with the accepted drawings.

Groundwater

12. Prior to the release of the draft plan of condominium for registration, the owner shall provide certification to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services confirming that the facilities constructed to collect groundwater is on private property, without the need for a connection to the City's infrastructure.

13. Prior to the registration of the plan of condominium, the owner shall submit a copy of the relevant section(s) of the Private Land Declaration that disclose(s) the obligation of the owner in respect of the discharge of groundwater to a City's sewer pursuant to Toronto Municipal Code Chapter 861 to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services.

Other Engineering and Construction Conditions

14. The owner acknowledges and agrees that Staff have reviewed this application on the understanding it will comprise one standard condominium corporation upon completion. The owner further acknowledges and agrees that if any party, including the owner or any subsequent owner, submits an application for condominium approval for this development not in accordance with this information, different servicing connections, including all associated stormwater management facilities and any necessary revised plans and studies, may be required by the city at the sole cost to the condominium applicant.

15. With respect to any proposed boulevard improvements, including any non-standard soil cells, planters, street furniture, retaining walls, and/or concrete pavers, as shown on the Landscape Plans, dated November 17, 2021 by Terraplan Landscape Architects:

(a) The owner shall construct and maintain all boulevard improvements within the boulevard areas of the public highways adjoining the Land in accordance with, and as shown on the approved plans and drawings listed in Schedules “B” to the satisfaction of the General Manager of Transportation Services (the “Boulevard Improvements”). The owner’s boulevard maintenance obligations do not include municipal concrete sidewalk(s), curbing, trees after all applicable maintenance periods have expired and the City is satisfied with the tree planting, or public transit stops/transit shelters within the adjoining public highway;

(b) The owner agrees that it will, at its expense, maintain the Boulevard Improvements in a state of good repair, free of graffiti, posters, litter, snow and ice, and that vegetation will be maintained in a healthy and vigorous state of growth all to the satisfaction of the General Manager of Transportation Services;

(c) The owner shall not make any additions or modifications to the Boulevard Improvements beyond what is allowed pursuant to the terms of this site plan agreement. The owner further acknowledges that should it neglect to maintain the Boulevard Improvements, then the City may perform the required work pursuant to the Toronto Municipal Code Chapter 743, Article 8, and the City may recover its costs in a like manner as municipal taxes;

(d) The owner agrees that if the City should at any time undertake any widening or other alteration to the adjoining public highway(s) necessitating the removal of any Boulevard Improvements, the City shall not be liable to pay any compensation whatsoever for such removal, nor shall it restore any Boulevard Improvements that it removes. The Boulevard Improvements permitted by this Agreement shall be removed by the owner, at its expense, within 14 days of receiving written notice from the General Manager of Transportation Services or his/her designate. In default of the removal not occurring as requested, the City may carry out the removal, at the owner’s expense, and may recover its costs in a like manner as municipal taxes;

(e) The owner acknowledges that there may exist municipal and/or utility services within, upon or under the boulevard, and acknowledges that the City or the utility responsible for such service(s) may need to undertake repairs or carry out maintenance on such service(s) or to replace such service(s) or to install new service(s). The owner agrees that the City or utility shall have the right to remove the Boulevard Improvements for the purpose of carrying out such installation, replacement, repair or maintenance. Prior to removing the Boulevard Improvements, the City shall give the owner 48 hours’ notice of its intention to remove the Boulevard Improvements for maintenance purposes, except in the case of emergency, in which case no notice shall be required. On completing the installation, replacement, repairs or maintenance, the owner, at its sole expense, shall proceed immediately to restore the Boulevard Improvements to the condition it was in prior to the commencement of such installation, replacement, repairs or

maintenance. Under no circumstances shall the City be required to so restore the lands or to compensate the owner for the cost of doing so;

(f) The owner agrees to defend, save and keep harmless and fully indemnify the City, its officers, employees, agents and other representatives, from and against all actions, claims, suits or damages whatsoever that may be brought or made against the City in respect of the owner’s use of the boulevard area of the adjoining public highways for Boulevard Improvements;

(g) The owner releases, waives and forever discharges the City and its agents, officials, servants, contractors, representatives, elected and appointed officials, successors and assigns and any other agencies, corporations, boards, commissions or related bodies having utilities or services which may in any manner be affected by the installation or maintenance of the Boulevard Improvements (collectively, the “Released Parties”), of and from all claims, demands, suits, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to the person or any property of the owner however caused, and all damages, costs, expenses losses and charges whatsoever arising or to arise by reason of the permission granted pursuant to this Agreement, including consequential damages (collectively, “Claims”). Without limiting the generality of the foregoing, no claims shall be made against the Released Parties by the owner for damage occurring to the Boulevard Improvements as a result of the City’s snow removal operations;

(h) The owner must obtain and maintain third-party bodily injury and property damage insurance in the amount of $5,000,000 or such other coverage as the General Manager of Transportation Services may require, naming the City of Toronto as an additional insured party under the policy, to the satisfaction the General Manager of Transportation Services. Such insurance shall be kept in good standing.

URBAN FORESTRY – TREE PROTECTION AND PLAN REVIEW

16. The owner shall ensure that: all tree protection barriers are maintained in good condition and are not moved or altered; established tree protection zones are not used as construction access, storage, or staging areas; unauthorized grade changes are not performed within established tree protection zones; and tree protection barriers are only removed once development and all site activities are complete and once Urban Forestry has approved their removal on behalf of the General Manager of Parks, Forestry & Recreation.

17. The owner shall strictly adhere to the Tree Protection Specifications contained in the approved Arborist Report (prepared by Kuntz Forestry, dated July 14, 2022) and Tree Preservation Plan (prepared by Kuntz Forestry, No. 8, dated July 14, 2022) and to the City of Toronto's Tree Protection Policy and Specifications for Construction Near Trees.

18. The owner shall notify all builders, contractors, and agents of all tree protection requirements where any part of the development will be carried out by them on behalf of the owner.

19. The owner shall protect at all times City owned trees situated within the Russell Hill Road City road allowance adjacent to the subject lands in accordance with the Arborist Report (prepared by Kuntz Forestry, dated July 14, 2022), Tree Preservation Plan (prepared by Kuntz Forestry, No. 8, dated July 14, 2022), and other plans approved under the Site Plan Control application.

20. The owner shall protect at all times City owned trees situated within the Park land adjacent to the subject lands in accordance with the Arborist Report (prepared by Kuntz Forestry, dated July 14, 2022), Tree Preservation Plan (prepared by Kuntz Forestry, No. 8, dated July 14, 2022), and other plans approved under the Site Plan Control application.

21. The owner shall remove City-owned trees only upon the approval of the Landscape/Replanting Plan by the Ward Councillor, receipt of the required tree removal payment by the Supervisor, Urban Forestry – Tree Protection & Plan Review, Toronto & East York District, receipt of the building and/or demolition permits, and once the permitted construction- and/or demolition-related activities associated with this project warrant the removal of the trees.

22. The owner shall have a qualified company implement and maintain tree planting in accordance with the approved plans and to the satisfaction of Supervisor, Urban Forestry

– Tree Protection & Plan Review, Toronto & East York District, on behalf of the General Manager of Parks, Forestry and Recreation. Prior to construction or grading activities and where necessary to ensure the health and vigour of trees to be preserved, the owner shall have all approved tree preservation and maintenance measures conducted on existing trees by a certified arborist or other qualified expert, according to currently accepted sound arboricultural practices and to the satisfaction of Urban Forestry.

23. The owner shall provide a detailed report to the Supervisor, Urban Forestry – Tree Protection & Plan Review, Toronto & East York District (tpprsouth@toronto.ca), to sufficiently verify that tree planting has been completed according to approved landscape plans. The Report shall document all materials, sources, quality analysis reports, quantities, dimensions and locations of all trees, soil, and infrastructure to support trees. The report shall provide photographic documentation of all stages of continuous soil trench and soil cell construction including, but not limited to, excavation, base preparation, geogrids/geotextiles, soil cell placement, framing, pouring of concrete, all irrigation and drainage components, soil placement and compaction, soil analysis reports and delivery tickets, and all trees planted.

24. The owner shall provide a letter of certification and a complete set of as-built landscape drawings to the Supervisor, Urban Forestry – Tree Protection & Plan Review, Toronto & East York District, both of which are stamped by the Landscape Architectural consultant who designed and supervised the construction of landscape works. The letter and as-built drawings shall confirm that all trees, soil, and infrastructure to support trees have been planted, installed, and constructed according to approved landscape plans.

25. The owner shall develop and maintain the site and adjacent City-owned lands in accordance with the approved plans and conditions of approval associated with the Site Plan, Grading Plan, Site Servicing Plan, Landscape Plan, Building Permit, and Tree Permit(s)/Approvals. Any proposed revisions/alterations to the approved plans or permits

that affect trees shall be approved by Supervisor, Urban Forestry – Tree Protection & Plan Review, Toronto & East York District, on behalf of the General Manager of Parks, Forestry & Recreation, prior to the revisions/alterations being implemented.

URBAN FORESTRY – RAVINE AND NATURAL FEATURE PLANNING

Planting

26. The owner shall complete all planting in accordance with the approved planting and to the satisfaction of Urban Forestry – Ravine and Natural Feature Planning. Any proposed revisions or substitutions to the planting plan shall first be approved by Urban Forestry – Ravine and Natural Feature Planning. Once the planting has been completed, notify Urban Forestry – Ravine and Natural Feature Planning to arrange for an inspection of the site.

Tree Maintenance & Preservation

27. The owner shall implement the approved tree maintenance and preservation strategies as detailed in the arborist report/tree protection plan and to the satisfaction of Urban Forestry – Ravine and Natural Feature Planning.

Site Protection Maintenance

28. The owner shall maintain tree protection hoarding, root protection and/or sediment control during site disturbance activities in accordance with the approved plans and to standards as detailed in the City’s Tree Protection Policy and Specifications for Construction near Trees and to the satisfaction of Urban Forestry – Ravine and Natural Feature Planning. Tree protection hoarding, root protection and/or sediment control shall not be altered or removed until authorised by Urban Forestry – Ravine and Natural Feature Planning.

HERITAGE PLANNING – ARCHAELOGY

29. In the event that deeply buried and/or previously undocumented archaeological remains are encountered on the property during construction activities, the owner shall immediately contact Heritage Operations Unit of the Ministry of Tourism, Culture and Sport, as well as the City of Toronto, Heritage Planning.

30. In the event that human remains are encountered during construction, the proponent should immediately contact both the Ministry of Tourism, Culture and Sport, and the Registrar of Burial Sites, War Graves, Abandoned Cemeteries and Cemetery Closures, of the Ministry of Government and Consumer Services.

31. If any expansions to the boundaries of the subject property are proposed, the owner agrees that further archaeological assessment work may be required.

ADVISORY COMMENTS and STANDARD LC FORMS

Attached are standard Toronto advisory comments to assist with the application in Attachment "1".

Attached is a copy of the standard form letter of credit required by the City of Toronto. The letter(s) of credit are to follow the format and content of the sample letter in Attachment "2".

ATTACHMENT: 1

SITE PLAN ADVISORY COMMENTS

The owner is advised that the Green Roof By-law (By-law No. 583-2009) (Chapter 492 of the City of Toronto Municipal Code) including Article IV the Toronto Green Roof Construction Standard, may be applicable to the proposed development. For further information, please contact Zuhal Akman, Toronto Building at 416-392-7535.

Urban Forestry Tree Protection And Plan Review

Tree Protection Barriers/Hoarding: The owner is advised that, prior to any demolition, construction, or grading activities taking place, tree protection barriers/hoarding shall be installed in the locations indicated on the approved plans and to the satisfaction of Urban Forestry – Tree Protection & Plan Review. Once the tree protection barriers have been installed and other tree protection measures undertaken, the applicant/owner shall notify Urban Forestry TPPR Representative to arrange for an inspection of the site and approval of aforementioned tree protection requirements. The owner must not proceed with any demolition, construction, or grading activities until Urban Forestry approval has been obtained.

Contractor's Agreement: The owner is advised that, prior to any tree work (e.g. root exploration, root/canopy pruning, injury, removal, or planting) by a private contractor on City-owned land, Urban Forestry – Tree Protection & Plan Review will require submission of a complete "Agreement for Arborists Retained by Private Property Owners to Undertake Work on City Trees" and supporting documents (Certificate of Insurance, Workplace Safety and Insurance Board (WSIB) Clearance Certificate) from the contractor who will perform this work.

Urban Forestry – Ravine And Natural Feature Planning

Ravine And Natural Feature Planning (RNFP) Permit Application – Tree Removal/Injury: The site disturbance associated with this application will result in the injury and/or destruction of trees within the RNFP regulated area. The applicant must obtain a RNFP permit prior to any site works. Submit a permit application form to Urban Forestry at rnfp@toronto.ca.

Engineering and Construction Services

Road Allowance Permits

The applicant must obtain the necessary authorizations and permits from Right-of-Way Management before excavating within or encroaching into the municipal road allowance. The applicant is advised to contact our Right-of-Way Management Unit, Toronto & East York District, at 416.392.7877 regarding site-specific permit and licensing requirements. In conjunction with the right-of-way permits, the applicant shall provide an adequate financial guarantee (in the amount of $17,000.00) to ensure the satisfactory completion of all required work in the City’s rights-of-ways, excluding service connections, pay engineering and inspection fees (in the amount of $850.00) and provide public liability insurance. The owner shall construct all work within the City's rights-of-way at no cost to the City in accordance with the accepted drawings.

The applicant is required to contact the City inspection supervisor (Mailananthan Nagulananthan at 416-338-5552) prior to commencing any work within the City’s right-of-way. In order to obtain approval for work in the City's right-of-way the owner will be required to provide up to

date stake out information for most construction related work. For further information, please contact Ontario One at 1-800-400-2255 to arrange for an appointment. Approval from Transportation Services is required for all work that will be carried out within the abutting public rights-of-way, which may include but not be limited to financial responsibility for removal or relocation of existing street furniture (transit shelters, benches, litter bins, bicycle locking rings, etc.).

The owner must contact Street Furniture Management to co-ordinate the removal or relocation of Astral street furniture or bicycle locking rings. There are third-party costs associated with the removal and relocation of Astral street furniture and costs to remove the City of Toronto bicycle locking ring(s). The City and Astral will not undertake any work associated with removing, reinstalling or relocating existing street furniture until it receives payment. If clarification is required on how the above standards will apply to this site, the owner can contact Street Furniture Management at streetfurniture@toronto.ca. For all other works within the public right- of-way, the owner can contact Right-of-Way Management, Toronto & East York District, Construction Activities, at 416.392.7877.

The owner is advised they must submit payment for the installation of the proposed new City of Toronto Standard bicycle locking rings within the public right-of-way at the rate of $433.92/unit, including HST. The certified cheque must be made payable to the Treasurer, City of Toronto and forwarded to the attention of:

David Dang

Transportation Services, Public Realm Street Furniture Management

433 Eastern Avenue 2nd Floor, Block B Toronto, ON M4M 1B7 Tel: 416.873.8799

David.Dang@toronto.ca

Construction Management Plans

The applicant must submit comprehensive Construction Management Plans (CMP) for each stage of the construction process. These plans must illustrate the location of employee and trades parking, heavy truck access points, material storage, construction site fencing and overhead cranes. We advise the applicant that they cannot use the municipal right-of-way for construction- related purposes without first receiving written authorization from our Permits and Enforcement Section, including payment of the necessary fees.

Encroachments

The applicant is advised that any physical or landscaping features that they propose to install within public right(s)-of-way are subject to encroachment agreements. The applicant is responsible for the costs of installing and maintaining these encroachments. For further information regarding encroachment agreements, please contact Elio Capizzano Right-of-Way Management Unit at 416.392.7878.

Toronto Hydro Approval

The applicant shall obtain approval from Toronto Hydro Energy Services, for removing and/or relocating any utility with attached municipal street lighting and for any upgrades. The applicant

is advised to contact 416.542.8000 or https://www.torontohydro.com/contractors-and- developers/streetlighting-requests for comments and cost estimates for required fieldwork.

Utilities

The applicant is financially responsible for all costs associated with the excavation, improvement, removal and/or relocation of any above or below-grade public or private utility resulting from the development of this property.

Site Servicing Connections

The owner will be required to make an application to Toronto Water for the installation of any proposed services within the City right-of-way after acceptance of the stormwater management report and site servicing plan. For further information, please contact George Kamalendran, District Operations, Toronto Water at 416.392.7819.

Municipal Numbering

The applicant is advised to contact municipal numbering staff at municipaladdress@toronto.ca to obtain or verify new municipal addresses prior to submitting a building permit application. It should be noted that all addressed parcels and structures must have the correct municipal addresses posted.

For details please see: https://www.toronto.ca/city-government/planning- development/municipal-numbering-of-a-property/

The municipal addresses will be required for the purpose of setting up the water account with the City of Toronto when application is made for the proposed sewer and or/water service connection (as applicable).

Wet Tap Procedure

The applicant is advised that pursuant to an order issued by the Ontario Ministry of the Environment and Climate Change, all wet taps performed on City watermains must be performed by, or under the supervision of, a Certified Operator in accordance with Ontario Regulation 128/04.

The City of Toronto Protocol respecting the performance of and verification of wet taps can be found at: https://www.toronto.ca/services-payments/building-construction/infrastructure-city- construction/construction-standards-permits/standards-for-designing-and-constructing-city- infrastructure/construction-specifications-for-sewers-and-watermains/?accordion=list-w1- construction-and-material-specifications

Solid Waste Management

Residents are responsible for moving the bins to the curb on collection day and for returning the bins to private property once they are emptied.

Implementation of Superpave Asphalt Specifications

The City of Toronto has implemented Superpave asphalt mixes as of 2018 construction season for all public road infrastructure projects. Superpave asphalt mixes are mandatory for all new projects in the City of Toronto.

Fire

As per the Toronto By-Law, Chapter 880, it is required that an approved fire access route be provided to Toronto Fire Services prior to occupancy.

Groundwater Discharge

The owner is advised that they may be required to enter into a sanitary discharge agreement as a condition of approval of discharging groundwater into a sewer that conveys flows to a treatment facility.

ATTACHMENT: 2

(PRINTED ON BANK LETTERHEAD)

IRREVOCABLE STANDBY LETTER OF CREDIT

Beneficiary:

City of Toronto

Issue Date:

Letter of Credit Number:

Credit Amount (Canadian Funds):

Initial Expiry Date: (12 months following issue date)

We hereby authorize you, the City of Toronto, to draw on (Bank name, address and branch) (the “Bank”) for the account of (customer name and address) , (the “Customer”) up to an aggregate amount of $ Canadian Dollars (the “Credit Amount”)

available on demand up to (date) (the “Initial Expiry Date”) or a subsequent anniversary date, and is hereby given to you pursuant to an agreement between the City of Toronto, and (name of customer) , made in connection with approval of Site Plan Application 18 161486 STE 22 SA (the "Agreement").

Pursuant to the request of the Customer, the Bank hereby establishes in your favour and gives to you an Irrevocable Standby Letter of Credit in the Credit Amount on which you may draw in whole or in part at any time and from time to time, subject to the terms herein.

A drawing under this Letter of Credit shall be made by you presenting to the Bank, at the address noted below, a demand in writing authorized by the City Treasurer or delegate.

Partial drawings are permitted.

Upon receipt of said demand, the Bank shall pay to you the amount stated in the demand, to be payable to you without inquiring whether you have a right as between yourself and the Customer to make such demand, and without recognizing any claim of the Customer or objection by the Customer to payment by the Bank.

This Letter of Credit will continue up to the Initial Expiry Date but shall be subject to the condition that it shall be deemed to be automatically extended without amendment for one year from the present or any future expiration date hereof, unless 60 days prior to any such expiration date the Bank notifies you by notice in writing delivered to the City of Toronto at the address noted below by registered mail that it shall not renew this Letter of Credit for any such additional period. Upon receipt by you of such notice, you may draw hereunder, for the available balance of this Letter of Credit by presenting a written demand together with confirmation that the amounts drawn will be retained and used by you to meet obligations incurred or to be incurred in connection with the Agreement. The demand must be authorized by the City Treasurer or delegate.

Bank Name: Countersigned:

Address: Countersigned:

ADDRESS FOR NOTICE

1. NOTICE TO BANK

(bank to insert full address and contact information)

2. NOTICE TO CITY OF TORONTO

City of Toronto

Corporate Finance Division, Capital Markets City Hall, 7^th Floor, East Tower

100 Queen Street West Toronto, Ontario, M5H 2N2