Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 03, 2022

CASE NO(S).: OLT-21-001378

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

Referred by: 2705735 Ontario Limited

Subject: Site Plan

Property Address/Description: 1599-1603 The Queensway

Municipality: City of Toronto

Municipal File No.: 21 165481 WET 03 SA

OLT Case No.: OLT-21-001378

OLT Lead Case No.: OLT-21-001378

OLT Case Name: 2705735 Ontario Limited v. Toronto (City)

Heard: February 4, 2022 by video hearing

APPEARANCES:

Parties

2705735 Ontario Limited

Counsel

A. Heisey

Parties

City of Toronto

Counsel

D. Abimbola and A. Ward

MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON FEBRUARY 4, 2022 AND INTERIM ORDER OF THE TRIBUNAL

12705735 Ontario Limited (“Appellant”) appealed, under s. 114(15) of the City of Toronto Act, 2006, the failure of the City of Toronto (“City”) to make a decision with respect to the Appellant’s application for site plan approval regarding a proposed development at the property located at 1599-1603 The Queensway (“subject property”).

2The proposed site plan approval would facilitate the development of a five-storey vehicle sales facility. The subject property presently has commercial uses and surface parking on it.

3The subject property is designated as Employment Areas and General Employment Areas under the City’s Official Plan. It is zoned as Class 1 - Industrial under the former City of Etobicoke Zoning Code.

4On January 24, 2022, the Tribunal was informed by the Parties that they had reached a proposed settlement of the appeal.

5On February 4, 2022, the Tribunal held a settlement hearing to address the proposed settlement.

ISSUES

6On a site plan approval appeal, the Tribunal must determine whether the proposed site plan represents good planning. In determining this, it is the Tribunal’s practice to consider whether the proposed site plan is consistent with policy statements issued by the Minister (in this case, the Provincial Policy Statement, 2020 (“PPS”)), conforms with applicable provincial plans (in this case, the Growth Plan for the Greater Golden Horseshoe, 2019, as amended (“Growth Plan”)), and conforms with applicable official plans (in this case, the City’s Official Plan). The Tribunal will also have regard to the matters of provincial interest set out in s. 2 of the Planning Act and have regard to the information and materials that City Council received in relation to the matter under s. 2.1(2) of the Planning Act.

EVIDENCE AND SUBMISSIONS

7Prior to the settlement hearing, the Appellant filed a witness statement signed by Kurt Franklin, who is a land use planner retained by the Appellant. Mr. Franklin also attended the settlement hearing and provided oral testimony. The Tribunal qualified him to provide opinion evidence in the area of land use planning. At the hearing, Mr. Franklin adopted the contents of his witness statement.

8Mr. Franklin opined that the proposed site plan approval and the proposed conditions of site plan approval are consistent with the PPS. He stated in his witness statement that the proposed development would intensify employment uses within a built-up area of the City, implement an efficient land use pattern close to existing commercial and employment uses, use existing municipal infrastructure, and support public transit infrastructure.

9Mr. Franklin opined that the proposed site plan approval and the proposed conditions of site plan approval conform with the Growth Plan. He stated in his witness statement that the subject property lies within the City’s delineated built boundary and the proposed site plan approval and conditions would facilitate a development that makes efficient use of employment lands and local infrastructure, promote a cost-effective development pattern, and minimize land consumption and servicing costs. He said they would facilitate a development that would help intensify the built-up area and be compatible with existing nearby office, commercial, and other employment uses.

10Mr. Franklin opined that the proposed site plan approval and conditions of site plan approval conform with the City’s Official Plan. He stated in his witness statement that they would facilitate a development in an Employment Area using existing services and infrastructure and would increase employment opportunities without causing adverse effects on neighbouring properties or causing traffic impacts. He said the proposed development would increase employment density, provide a built form and building height that is appropriate for the area, and reduce surface parking on the subject property. He said the proposed uses are permitted and he opined that the proposed development would fit well in the existing site context and would be a positive development for the community.

11Mr. Franklin opined that the proposed site plan approval and the proposed conditions of site plan approval comply with the provisions in s. 114 of the City of Toronto Act, 2006, represent good planning and are in the public interest. In formulating his opinion, Mr. Franklin stated that he has had regard to the matters of provincial interest set out in s. 2 of the Planning Act.

FINDINGS

12Based on Mr. Franklin’s uncontradicted opinion evidence, the Tribunal finds that the proposed site plan approval and conditions represent good planning. It finds that they are consistent with the PPS and conform with the Growth Plan and the City’s Official Plan. The Tribunal has had regard to the matters of provincial interest in s. 2 of the Planning Act and the information and materials that City Council received in relation to this matter. The Tribunal finds that the proposed site plan approval and conditions comply with the requirements in s. 114 of the City of Toronto Act, 2006.

ORDER

13The Tribunal orders that the appeal is allowed, in part, and the site plans and drawings attached as Schedule “A” to this Order and Decision and the conditions of site plan approval attached as Schedule “B” to this Order and Decision are approved in principle.

14The Tribunal will withhold the issuance of its Final Order contingent upon written confirmation provided to the Tribunal from the Parties that the pre-approval conditions listed in Schedule “B” have been satisfied.

15The Tribunal directs that the City produce to the Appellant a draft Site Plan Agreement on or before March 4, 2022. The Tribunal orders that the Appellant will have 7 days after that date to provide comments in writing on the draft Site Plan Agreement to the City.

16The Tribunal orders that the City provide a response to the Appellant to Schedule “C” attached to this Order and Decision on or before March 4, 2022 regarding whether the listed pre-approval conditions are satisfied.

17The Tribunal orders that a Case Management Conference will be held by video hearing on Wednesday, March 30, 2022, commencing at 10 a.m. at which the Tribunal will settle the terms of the Site Plan Agreement and address any remaining matters relating to the satisfaction of the pre-approval conditions or the Site Plan Agreement.

18Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://meet.goto.com/709076365

Access Code: 709-076-365

19Parties are asked to set up the video hearing application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.

20Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.

21Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

22There will be no further notice.

23This Member is seized.

“Hugh S. Wilkins”

HUGH S. WILKINS

MEMBER

Ontario Land Tribunal

Website: www.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.

OLT-21-001378 – Schedule A

Consultant

Title

Revision Date

Moon-Matz

Existing Traffic Signal Removals – TCS XXXX

Jan 13, 2022

Moon-Matz

Proposed Traffic Signals – TCS XXXX

Jan 13, 2022

Pearson Engineering

Notes & Details – ND-1

Jan 14, 2022

Pearson Engineering

Notes & Details – ND-2

Jan 14, 2022

Pearson Engineering

Notes & Details – ND-3

Jan 14, 2022

Pearson Engineering

Notes & Details – ND-4

Jan 14, 2022

Pearson Engineering

Site Grading Plan – SG-1

Jan 14, 2022

Pearson Engineering

Site Servicing Plan – SS-1

Jan 14, 2022

Pearson Engineering

Cross Sections – CS-1

Jan 14, 2022

Pearson Engineering

Cross Sections – CS-2

Jan 14, 2022

Pearson Engineering

Pre-Development Storm Catchment Plan – STM-1

Jan 14, 2022

Pearson Engineering

Post-Development Storm Catchment Plan – STM-2

Jan 14, 2022

Pearson Engineering

Composite Utilities Plan – CUP-1

Jan 14, 2022

Pearson Engineering

Environmental Protections & Removals Plan – EPR-1

Jan 14, 2022

Pearson Engineering

Stormwater Mgmt & Servicing Report Rev. Jan 2022

Jan 2022

Pearson Engineering

Cost Estimate Worksheet

Jan 14, 2022

Pearson Engineering

Hydrological Review Summary

April 22 2020

Pearson Engineering

Servicing Report Groundwater Summary

April 23 2021

LGA Architectural

Site Development Plan – A001-SP

Jan 14, 2022

LGA Architectural

Floor Plan – A002-SP

Jan 14, 2022

LGA Architectural

Roof Plan – A003-SP

Jan 14, 2022

LGA Architectural

Exterior Elevations – A004-SP

Jan 14, 2022

LGA Architectural

Exterior Elevations – A005-SP

Jan 14, 2022

LGA Architectural

Building Sections – A006-SP

Jan 14, 2022

LGA Architectural

Detailed Colour Elevations – A007-SP

Jan 14, 2022

LGA Architectural

Detailed Colour Elevations – A008-SP

Jan 14, 2022

LGA Architectural

Perspectives – A009

Jan 14, 2022

SBK Landscape

Landscape & Soil Volumes Plan – L100

Jan 10, 2022

SBK Landscape

Landscape Sections – L101

Jan 10, 2022

SBK Landscape

Landscape Details – L200

Jan 10, 2022

SBK Landscape

Existing Tree Inventory & Preservation Plan – V100

Jan 10, 2022

SBK Landscape

Landscape Cost Estimate

Jan 10, 2022

OLT-21-001378 – Schedule B

SITE PLAN APPROVAL CONDITIONS

A. PRE-APPROVAL CONDITIONS

LEGAL SERVICES

1. 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

1. Prior to site plan approval, the owner shall submit a landscape cost estimate to the satisfaction of the Director, Community Planning, Etobicoke York District for the works detailed on the approved Landscape Plans.

2. Prior to site plan approval, the owner shall submit financial security to the Director, Community Planning, Etobicoke York District, in the form of a Letter of Credit, bank draft or certified cheque to guarantee the provision of landscape development works as detailed on the approved Landscape Plan.

3. Prior to site plan approval, the owner shall update the Toronto Green Standard statistics on the Site Plan drawing No. A001-SP, dated January 14, 2022, to reflect the correct soil volume proposed (820 cubic metres).

URBAN FORESTRY

1. Prior to final site plan approval, the owner shall obtain a permit from Urban Forestry TPPR to (tree numbers indicated below are the same as outlined in the owner's Arborist Report and Tree Preservation Plan):

• Remove two (2) City street trees, identified as tree nos. 3 and 4

• Remove one (1) privately owned tree, identified as tree no. 1

2. Prior to final site plan approval, the owner shall submit to Urban Forestry, a completed "Agreement for Contractors to Perform Arboricultural Services on City Owned Street Trees" forms (consist of three .pdf documents), prior to removing two (2) existing City street trees, identified as tree nos. 3 and 4 in the submitted documentation. The forms must properly identifying the street trees to be removed (with stumps), and naming the contractor or service provider that will physically remove the trees (the forms also requires submittal of proof of insurance and WSIB eligibility).

3. Prior to final site plan approval, the owner shall submit to the satisfaction of Urban Forestry TPPR, a Tree Loss Payment, in the amount of $2,444 to cover the appraised value of two (2) existing City street trees, identified as tree nos. 3 and 4, in the submitted documentation.

4. Prior to final site plan approval, the owner shall submit to the satisfaction of the General Manager of Parks, Forestry and Recreation a Tree Planting Guarantee Deposit in the form of an Irrevocable Letter of Credit or certified cheque, made payable to “Treasurer, City of Toronto”, to secure tree planting, in the amount of $2,915 at $583 (subject to change) for each of the five (5) proposed new trees, to be planted within the City road allowance. The deposit may be drawn upon to cover all costs incurred by the City in enforcing and ensuring that the trees are planted and kept in a healthy and vigorous state during the two-year guarantee period.

ENGINEERING AND CONSTRUCTION SERVICES

1. Facilities to Provide Access to and from the Land

1.1 Prior to final site plan approval the owner shall make satisfactory arrangements with Engineering and Construction Services for Work on the City's municipal right of way, including boulevard works within the site frontage and related road infrastructure improvements, intersection improvements and provide financial security in an amount to be determined ($ TBD), submit engineering and inspection fees in an the amount to be determined ($ TBD) and provide insurance, as required.

1.2 Prior to final site plan approval the owner shall provide a cost estimate and signal drawing, to the satisfaction of the Executive Director, Engineering and Construction Services, for the proposed traffic signal improvements, including supply and installation of all components consistent with condition 1.1 above.

1.2.1. Should the traffic signal improvements not be installed by December 31, 2022 as stated in condition 1.3 below, the cost estimate will need to be adjusted accordingly, to the satisfaction of the Executive Director, Engineering and Construction Services.

1.3 Prior to final site plan approval the owner shall submit a financial guarantee in the form of a letter of credit or certified cheque in the amount of $125,000 for the proposed traffic signal improvements (to be installed by December 31, 2022) including the new traffic controller in the Bill of Material, as required by the City of Toronto.

1.3.1. The owner shall prepare and ensure proper signal timings for the proposed traffic signal improvements. An electronic copy of the traffic signal timing card and programming sheets must be submitted or alternatively the owner must submit a certified cheque in the amount of $7,500 for the signal timing card (signal operation summary) to the City TSO unit. Programming sheets must be submitted in both regards. The owner shall request for the preconstruction timing cards of the signal for reference.

2. Other Conditions

2.1 Prior to final site plan approval the owner shall provide the City with a certified cheque, payable to, Treasurer, City of Toronto, in the amount of $10,122.68 for the City to install all pavement markings and signage associated with implementing the proposed road modifications on The Queensway.

2.2 Prior to final site plan approval the owner must enter into a mutual access agreement for the shared driveway access between the subject site and 1607 The Queensway. The owner shall prepare a reference plan showing, as separate parts, all parcels for which conveyances are required under the agreement, and deposit on title to the lands, for the purpose of providing an access easement, in favour of the adjacent lands to the west known as 1607 The Queensway; and

2.3 Prior to final site plan approval the owner must either obtain an easement or purchase agreement for the MTO land parcel as it is a barrier to providing legal access to the lands. The owner shall prepare a reference plan showing, as separate parts, all parcels for which conveyances are required under the agreement, and deposit on title to the lands, for the purpose of providing an access easement or purchase of lands, in favour of the MTO land parcel.

2.4 If applicable, prior to final site plan approval, the owner shall obtain all necessary exemptions, in the form of a discharge agreement or permit issued in accordance with section 6 of Chapter 681 of the City of Toronto Municipal Code, to allow the discharge of Private Water to a City sewer which is otherwise prohibited under Chapter 681 ("Discharge Agreements"), to the satisfaction of the General Manager, Toronto Water, and shall be in good standing under any such Discharge Agreements.

1.1.

B. POST APPROVAL CONDITIONS

URBAN FORESTRY

1. The owner agrees that tree planting must be completed according to the approved Landscape Plan and to the satisfaction of Urban Forestry within one year from occupancy. Any proposed revisions to the planting plan must first be approved by Urban Forestry.

2. The owner agrees that the site shall be developed and maintained in accordance with the approved plans and conditions of approval associated with the Site Plan, Site 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 must be approved by Urban Forestry, on behalf of the General Manager of Parks, Forestry & Recreation.

3. The owner shall provide a two-year renewable guarantee for all new tree plantings within the City road allowance and shall notify the Supervisor of Urban Forestry, Tree Protection & Plan Review in writing, of the planting date prior to planting. The owner acknowledges that this date is used to establish the anniversary date of the required two-year renewable guarantee. The owner agrees to notify Urban Forestry in writing after the trees have been planted to start the guarantee period.

4. The owner shall maintain all new tree plantings within the City road allowance in good condition. The owner acknowledges and agrees that the trees will be inspected during and prior to the end of the renewable guarantee period and if the trees are in good condition at the end of the renewable guarantee period, the City will assume maintenance and ownership of the trees.

5. The owner acknowledges and agrees to be responsible for the maintenance or replacement of all new tree plantings within the City road allowance if, during or at the end of the renewable guarantee period, the trees are not in good condition, require maintenance or require replacement. The owner further acknowledges and agrees to be responsible for rectifying the problem as determined by and to the satisfaction of the General Manager of Parks, Forestry and Recreation. The owner further agrees to maintain all trees that were required to be replaced within the City road allowance in good condition and shall provide an additional two-year renewable guarantee.

6. The owner shall submit to the Urban Forestry Supervisor of TPPR West, notice and documentation of the construction of the proposed Soil Cell Trench. Notice must be submitted one week prior to the start of construction of the trench. Documentation of each step of the construction of the trench should include photographs and other records of the various stages. The stages can include (but not limited to) base preparation, soil cell installation, addition of soil and tree planting. Upon conclusion, the documentation must be submitted to Urban Forestry.

7. The owner acknowledges and agrees that Urban Forestry requires that the planting areas (Soil Areas) of the site and the street allowance be de-compacted as preparation for planting, by excavating the existing soil at the depth of the proposed soil volume calculation, scarify the open faces and bottom, and replace with new top soil, (City standard soil requirements) prior to tree planting. The owner agrees to provide photos of the planting preparation process, indicating all stages in accordance with the approved plans connected to the planting process, to the Supervisor Tree Protection and Plan Review.

8. The owner acknowledges and agrees that all trees must be planted as per the plans, approved by Urban Forestry and must arrive on site in Balled and Burlapped condition, with a minimum caliper of 60 mm. The owner shall ensure that each tree will have the burlap and wire cage opened and soil brushed away until the first proper root is found indicating the top of the real root crown. The owner shall ensure that the tree is then planted with this level (real root crown), to be considered the top of root-ball as per the Urban Forestry planting details and any/all other instructions. The owner further acknowledges and agrees that any tree found planted with the first proper root more than 2.5cm below planting level will be rejected and require replacement or replanting at the discretion of the General Manager of Parks, Forestry and Recreation.

9. After the tree guarantee period has concluded, the owner agrees to provide Urban Forestry a Certificate of Completion from the qualified tree care or landscape company documenting all maintenance work done to the trees during the guarantee period. Additionally, the owner agrees to provide Urban Forestry an inventory (digital and hard copy) of the new road allowance trees.

ENGINEERING AND CONSTRUCTION SERVICES

1. Facilities to Provide Access to and from the Land

1.1 Remove all existing accesses, curb cuts, traffic control sign, etc. along the development site frontage that are no longer required and reinstate the boulevard within the right-of-way, in accordance with City standards and to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

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

2.1 Provide and maintain off-street vehicular loading and parking facilities and access driveways in accordance with the approved plans and drawings, to the satisfaction of the Executive Director, Engineering and Construction Services;

2.2 The owner must install and maintain appropriate signage and pavement markings on site directing such as but not limited to: vehicle stopping and circulation, designated accessible parking, loading, and pedestrian walkways, to the satisfaction of the Executive Director, Engineering and Construction Services;

2.3 The owner acknowledges and affirms that the concrete unit pavers shown on the site plan, which are installed in the boulevard are the owner's responsibility to maintain in a state of good and proper repair, and at the owner's sole expense.

3. Facilities for the Storage of Garbage and Other Waste Material

3.1 Advise all owners and tenants/future purchasers of the units that refuse and recyclable materials generated by this building must be collected by a private refuse collection firm.

4. Stormwater Management, Grading and Site Servicing

4.1 The owner shall construct and maintain stormwater management measures/facilities and site grading as recommended in the accepted Stormwater Management Report, prepared by Pearson Engineering Ltd., dated January 2022, and Grading Plan, Drawing No. SG-1, prepared by Pearson Engineering Ltd., latest revision 5, dated January 14 2022;

4.2 The owner shall construct and maintain site servicing indicated on the accepted Site Servicing Drawings No. SS-1, prepared by Pearson Engineering Ltd., latest revision 5, dated January 14, 2022;

4.3 The owner shall provide certification to the Chief Engineer and Executive Director of Engineering and Construction Services by the Professional Engineer who designed and supervised the construction that the stormwater management facilities and site grading have been constructed in accordance with the accepted Stormwater Management Report and the accepted Grading Plans;

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

5. Other Conditions

5.1 The owner acknowledges and agrees that Staff have reviewed this application on the understanding it will comprise of one parcel(s) of land upon completion. The owner shall not convey or transfer any part of the Development Site in any other manner than that agreed to above if to do so would result in either the retained parcel or the conveyed or the transferred parcel ceasing to comply with Chapters 681 or 851 of the City of Toronto Municipal Code, as amended, which prohibit a private service connection, that connects to a municipal water or sewer system, from servicing more than one property. Each parcel shall have separate service connections to the municipal water and sewer systems, including any associated stormwater management systems, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, at the sole cost to the owner. Further, the owner shall prepare all plans and studies as required by the City for the servicing at the sole cost of the owner.

ENVIRONMENT & ENERGY

1. Construct and maintain the development substantially in accordance with the accepted Energy Reports dated March 9th, 2020 and prepared by Ecovert Sustainability Consultants to ensure that the energy savings identified continue to be achieved, to the satisfaction of the Environment and Energy Division.

2. Tier 2 and Higher Performance Requirements and Contact (Voluntary)

To achieve acceptance for Tier 2 or higher minimum energy performance of the Toronto Green Standard, the owner shall provide the report above and the As-Constructed Stage Energy Report (ACSER), following the Energy Report Terms of Reference and Guidelines to the satisfaction of the Environment and Energy Division.

For more information about the Toronto Green Standard Development Charge refund program, please contact City Planning Division's Environmental Planning Team at SustainableCity@toronto.ca.

BELL CANADA

1. The owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The owner further agrees and acknowledges to convey such easements at no cost to Bell Canada.

2. The owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the owner shall be responsible for the relocation of any such facilities or easements at their own cost.

ENBRIDGE

1. The owner shall contact Enbridge Gas Inc.’s Customer Connections department by emailing SalesArea10@Enbridge.com to determine gas availability, service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving.

C. ADVISORY COMMENTS

ENGINEERING SERVICES

1. Requirements for Work on City Rights-of-Way

1.1 The owner is required to enter into a Municipal Infrastructure Agreement (MIA) for Work on City's ROW, provide financial security in an amount to be determined, submit engineering and inspection fees in an amount to be determined and insurance as required in the MIA.

2. Road Allowance Permits

2.1 The owner must obtain necessary authorizations and permits from the City’s Transportation Services – Permits and Enforcement of Etobicoke-York District, before excavating within or encroaching onto the municipal road allowance. The owner is advised to contact Albert Rugira-Busigo in our Right-of-Way Management Unit at 416-338-1038 regarding site-specific permit and licensing requirements.

The owner is required to contact the City's inspector (Thayan Balasingam 416-659-9184) 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 Call at 1-800-400-2255 to arrange for an appointment;

3. Construction Management Plans

3.1 The owner shall submit a Construction Management Plan for each stage of the construction process provided to the satisfaction of this Division. This plan must illustrate the location of employee/trades parking, heavy truck access points, material storage, construction site fencing and overhead cranes (if applicable). The owner is not allowed to use the rights-of-way for storing construction equipment/materials or for parking purposes. The owner is advised to contact the Development Engineering Unit, John Baldesarra at 416-394-8398, regarding detailed requirements.

4. Encroachments

4.1 The owner is advised that any physical or landscaping features that they propose to introduce in the municipal right-of-way are subject to the requirements of Chapter 743 of the Toronto Municipal Code. Depending on the type of encroachment as specified in Article IV of Chapter 743, it may require an encroachment agreement with the City of Toronto as well as Community Council approval. The owner is responsible for the costs of installing/planting these encroachments, and the encroachment must be maintained at the owner's expense pursuant to Article V of Chapter 743. For further information regarding encroachment agreements, please contact Ms. Marianne Zagar at 416-394-8348 of Transportation Services - Permits and Enforcement of Etobicoke-York District.

5. Toronto Hydro Approval

5.1 The owner shall obtain approval from Toronto Hydro Street Lighting Incorporated, THSLI, for removing and/or relocating any utility with attached municipal street lighting and for any upgrades. The owner is advised to contact THSLI (416-542-3195) or https://www.torontohydro.com/sites/electricsystem/Pages/foryourhome.aspx for comment and cost estimates for required fieldwork.

6. Utilities

6.1 The owner 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.

7. Site Servicing Connections

7.1 The owner will be required to make an application to Toronto Water Division, TWDCSiteservicing@toronto.ca, for the installation of any proposed services within the City right-of-way after acceptance of the stormwater management report and site servicing plan.

8. Wet Tap Procedure

8.1 The owner is advised that pursuant to an order issued by the Ontario Ministry of the Environment, Conservation and Parks, 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/wp-content/uploads/2017/11/8759-ecs-specs-pipespecs-Wet_Tap_Procedure_Notice_Jun2017.pdf

9. Implementation of Superpave Asphalt Specifications

9.1 The City of Toronto is implementing Superpave asphalt mixes commencing in the 2018 construction season for all public road infrastructure projects. Superpave asphalt mixes will be mandatory for all new projects approved in 2018 and onward in the City of Toronto.

• TS 1101 Material Specification for Performance Graded Asphalt Cement, dated September 2017

https://www.toronto.ca/wp-content/uploads/2017/11/995b-ecs-specs-roadspecs-TS_1101_Sep2017.pdf

This is an update to the April 2014 specification and introduces stricter compliance requirements for asphalt cement binders. This update also includes the adoption of Warm Mix Asphalt (WMA) on City of Toronto roads, as specified.

• TS 1151 Material Specification for Superpave, Stone Mastic and Warm Mix Asphalt, dated September 2017

https://www.toronto.ca/wp-content/uploads/2017/11/98db-ecs-specs-roadspecs-TS_1151_Sep2017.pdf

This specification replaces the former TS 1150 Material Specification for Hot Mixed, Hot Laid Asphaltic Concrete, dated April 2014, effectively replacing the former Marshall mixes with Superpave mixes.

10. Municipal Numbering

10.1 The owner is advised to contact 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/

11. Insurance

11.1 The owner will be required to obtain public liability insurance for the owner’s contractor to work within the City road allowance and easements.

12. Fire Access Route

12.1 Prior to occupancy, an application shall be submitted to Fire Services for an approved Fire Access Route.

13. Toronto Green Standard:

13.1 The owner is currently not complying with the Tier 1 WQ 1.1 Erosion & sediment control Performance Measure. Revisions and/or additional information is required, the application is still under review.

13.2 The owner is currently not complying with the following Tier I Performance Measures. Revisions and/or additional information are/is required, the application is still under review.

• WQ 2.1 Stormwater balance

• WQ 2.2 Stormwater retention & reuse

• WQ 3.1 Total suspended solids (TSS)

• WQ 3.2 E. Coli reduction Not applicable.

14. Traffic Signal Improvements

14.1 All traffic signal design and installation will be the responsibility of the owner. The owner is required to submit acceptable signal drawings that are approved by the City prior to installation. Traffic signal device(s) must include the supply and installation of all signal components (pole bases, hand wells, conduit, etc.), all electrical work (including the arrangements and payment for disconnect inspection by the Electrical Safety Authority and connection by Toronto Hydro) and all traffic equipment (poles, traffic arms, accessible pedestrian signal units, vehicle and pedestrian heads, etc.) In the event that the traffic signal device(s) requires any interconnect to adjacent signals, it shall be the responsibility to have all underground civil and electrical work included. The owner will be responsible for the programming of the traffic controller cabinet and for the full traffic controller cabinet and programming costs. All work must be performed by one of the City of Toronto approved Contractors. Any proposed work impacting the traffic plants/signals must be approved and coordinated (time and duration) through Traffic Systems Planning, Design and Capital Coordination. It is the responsibility of the owner to have the required permits and approvals.

14.2 The owner shall hire one of the City's prequalified electrical contractors to:

(a) perform all signal work required

(b) complete all controller work (including programming, wiring, intersection, communication, wiring schematics where applicable to the ultimate signal operation)

(c) be responsible for any signal operation and maintenance (including routine maintenance and 24/7 emergency calls) prior to signal work acceptance (which may include post-activation times)

14.3 The owner shall provide Construction Administration services, who has traffic operation and signal deployment experience, to ensure signal work compliance to the City's design and installation requirements.

14.4 The owner shall provide schedule with a minimum three (3) weeks before start of traffic signal work deployment. During construction and temporary signal staging (including post activation prior to City acceptance), the traffic signal operation and maintenance are devolved to the owner's project team.

Prior to the traffic signal handover to the owner, the owner shall provide the project team contacts for the signal work, including 24/7 emergency and backup contacts for signal operation and maintenance. Please complete and return the City of Toronto's signal handover form. Provide updates where applicable.

During the traffic signal handover to the owner, the Owner and their electrical contractor (on behalf of the City) shall carry out all operation and maintenance of the signal infrastructure within the construction area prior to the City acceptance and be responsible for all costs.

Upon the receipt of public concern(s) related to the affected traffic signal/electronic devices, the owner and their electrical contractor shall investigate, determine priority, take appropriate action(s) to resolve the issue and provide response to the public and the City's Traffic Management Section within two (2) business days of the initial receipt. The owner shall be responsible for proper documentation tracking all public concerns (e.g. date/time, issue, resolution and call back), and provide the documentation upon the City's request.

Where the owner and their electrical contractor are unable to address public concerns in a timely manner, the City reserves the right to dispatch its own Electrical Maintenance Contractor (EMC) for any maintenance and/safety issues, and recover the City's costs from the owner. Upon the completion or work by the City's EMC, the owner and their electrical contractor shall resume responsibility for the operation and maintenance of the traffic signal infrastructure.

14.5 The owner shall arrange site meeting with the City's TSPDCC staff and the owner's project team (including construction administrator) by providing a week advance notice at minimum, such as:

(a) Pole layout and/or signal handover

(b) Pre activation

(c) Temporary settings and/or design conflicts

(d) Activation

(e) Deficiency fix verification

14.6 “Activation” means energizing of the traffic control and/or management devices into full time operation in accordance to the intended design. No traffic signal shall be activated prior to the completion of civil work and pavement marking work. It is the owner's responsibility for temporary and permanent traffic signal activations.

14.7 Handover signal to the City shall be post-activation of permanent/ultimate design. All deficiencies are to be corrected prior to handover to the City. The owner shall provide proof or demonstration to the City that all deficiencies are addressed with full documentation, and provide minimum one (1) week advanced notice to the Traffic Management Section.

14.8 The owner shall be present in the final site visit for the City's checks, and take immediate corrective action for any deficiencies identified. All subsequent site visits due to unaddressed deficiencies will be at the owner's cost.

14.9 The owner shall confirm traffic signal communication to the City's central system(s) within 24 hours upon signal activation; and be responsible for any troubleshooting if the signal communication to the City's central systems are not properly configured and/o cannot consecutively last for minimum 30 days.

14.10 At the completion of the permanent/ultimate signal work, the owner's project team shall submit the final copy of the following documents stamped/sealed by a Professional Engineer Ontario:

(a) Salvaged and unsalvaged material list

(b) New material selection document

(c) Documentation of all new equipment models, serial numbers and warranty end dates per intersection for all materials required in the signal work;

(d) As-built programming sheet for traffic signal controller (including detector configuration files and associated software) per traffic signal timing card

(e) As-built drawings in Microstation and PDF

(f) Other documents upon City's request (e.g. test results, and site activity logs)

15. Street Furniture

15.1 The owner is advised that approval 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 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 the Street Furniture Management Unit at streetfurniture@toronto.ca.

URBAN FORESTRY

1. Toronto Green Standards V3.0 (Performance Measure)

1.1 The following TGS comments apply solely to areas regulated by MC 813 Trees.

(a) EC1.1 – Not Met

(b) EC1.2 – Met

(c) EC1.3 – Not Met

(d) EC1.4 – Met

1.2 Where it is not possible to retain a tree that qualifies for protection under the City of Toronto’s Tree By-laws, or where construction activity will encroach upon a protected tree’s minimum tree protection zone, it will be necessary for the owner to submit a complete "Application to Injure or Remove Trees" form to Urban Forestry. There is a fee of $377.67 (subject to change) for each tree included in an application. Payment may be made by certified cheque, money order, Visa, MasterCard, AMEX or debit, and must be submitted with the application. The application fee for boundary/neighbour trees is $790.63 (subject to change) for each tree included in an application.

BELL CANADA

1. The Owner is advised to contact Bell Canada at planninganddevelopment@bell.ca during the detailed utility design stage to confirm the provision of communication/telecommunication infrastructure needed to service the development.

ENBRIDGE

1. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phased construction, all costs are the responsibility of the owner.

2. In the event that easement(s) are required to service this development, and any future adjacent developments, the owner will provide the easement(s) to Enbridge Gas Inc. at no cost.

OLT-21-001378 – Schedule C