6 Dawes Danforth Inc. v. Toronto (City), 2022 CanLII 498

Ontario Land Tribunal

Tribunal ontarien de l'aménagement du territoire

ISSUE DATE: January 05, 2022

CASE NO(S).: PL210195

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

Applicant and Appellant: 6 Dawes Danforth Inc.

Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: I1 D2 (Industrial)

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit two mixed-use buildings with four towers of 44, 46, 37 and 19 storeys in height

Property Address/Description: 6 Dawes Road

Municipality: City of Toronto

Municipal File No.: 19 253476 STE 19

OLT Case No.: PL210195

OLT File No.: PL210195

OLT Case Name: 6 Dawes Danforth Inc. v. Toronto (City)

Heard: December 17, 2021 by video hearing

APPEARANCES:

Parties

Counsel

6 Dawes Danforth Inc. ("Applicant")

Michael Cara Steven Dejonckheere Daniel Artenosi

City of Toronto ("City")

Laura Bisset (in absentia) Michael Mahoney Jason Davidson

Minto (Dawes) GP Inc.

John Dawson

Metrolinx

Andrew Baker

Dandaw Developments Limited

Fern Opatowski Michael Foderick

Tri-Metro Investments Inc.

Andy Margaritis Michael Melling (in absentia)

Victoria Wood (Main Square) Inc.

David Neligan

Canadian Tire Corporation Limited

Jennifer Evola Signe Leisk (in absentia)

DECISION DELIVERED BY BRYAN W. TUCKEY AND INTERIM ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a settlement hearing regarding this matter. The Applicant is the owner of the property municipally known as 6 Dawes Road ("subject lands") in the City. The Applicant initially proposed to build two mixed use buildings with four towers of 44, 46, 37 and 19 storeys in height which include 5,537 square metres ("sq m") of non-residential Gross Floor Area ("GFA") and 91,928 sq m of residential GFA with a total of 1,467 dwellings. The Subject Lands are currently occupied by a self-storage facility with 14 single storey buildings and one ancillary office.

2The Applicant submitted an application to the City to amend Zoning By-law No. 438-86, as amended, and No. 569-2013, as amended to permit the uses and development standards contemplated by the original proposal. City Council failed to make a decision within the statutory time frame and the Applicant appealed to the Tribunal pursuant to s. 34 (11) of the Planning Act.

3All parties of record are represented at this settlement hearing. A number of observers were also in attendance.

4The parties called one land use planning witness in support of the Proposed Settlement. David Huynh is qualified as an Expert in the discipline of Land Use Planning and gave evidence evaluating the proposal against relevant public policy. His Affidavit is Exhibit 2 to this proceeding.

BACKGROUND AND AREA CONTEXT

5The subject lands are located within the Danforth Village Neighbourhood and is on the west side of, and with frontage on, Dawes Road. It is generally rectangular with an area of approximately 11,978.5 sq m. The existing use is a 14 unit single- storey self-storage facility with an ancillary use along Dawes Road. Surrounding the subject lands, are a variety of established employment uses, Main Square a high rise mixed use development and a number of new mixed use high rise buildings that have been recently constructed.

6The subject lands are well served by rapid transit as is in easy walking distance to both the Danforth GO Transit and the Main TTC subway stations. It is adjacent to a Metrolinx Railway Corridor.

7Suffice it to say the matter has an extensive history. A brief overview is as follows:

1. an application for a Zoning By-law Amendment ("ZBA") was submitted in November 2019 for the subject lands and the adjacent lands at 213 Main Street for a mixed use development comprised of two buildings with three towers of 40, 46, and 49 storeys in height.

2. a notice of complete application was received from the City November 27, 2019.

3. the Applicant took into consideration City staff and external agency comments and filed a resubmission in January 2021. The adjacent lands at 213 Main Street were excluded from the resubmitted application.

4. a preliminary City staff report was provided to Council and virtual public consultation meeting was held in February 2021.

5. the Applicant appealed to the Tribunal in March 2021.

6. the appeal was subject to a number of settlement discussions as part of the mediation related to Official Plan Amendment No. 478 ("OPA 478").

7. the Applicant submitted a proposed settlement to the City in September 2021 which forms the basis for this settlement hearing.

PROPOSED SETTLEMENT

8Mr. Artenosi, Counsel for the Applicant, provided the context of the proposed settlement. He made special note of the extensive and successful mediation which led to the proposed changes. Mediation included City staff, Metrolinx official's and all other parties, the aim of the mediation was to arrive at a well designed and appropriate built form solution for the subject lands.

9The architectural plans that the Applicant presented to the Tribunal are those prepared by BDP Quadrangle dated October 1, 2021 found in Exhibit 2, Exhibit C.

10The proposed settlement includes two buildings with four residential towers with heights of 29, 39, 37 and 17 storeys (Towers 1, 2, 3, and Building 4) with podium heights ranging from four to ten (10) storeys.

11Relevant site statistics include:

1. 1,304 residential units with a total residential GFA of approximately 102,591 sq m;

2. non-residential GFA of approximately 139,4 sq m;

3. total GFA of approximately 102,730.4 sq m with a Floor Space Index of 8.56;

4. amenity space totaling approximately 3,854 sq m which includes a public park of 1,400 sq m and a Privately Owned, Publicly-accessible ("POPS") Open Space; and

5. a total of 261 residential, 87 visitor, nine car share and 1,306 bicycle parking spaces are provided.

12Other important considerations of the proposed settlement include;

1. the dedication of the eastern portion of a future new east-west connection that will eventually become part of a future new public street. A future Passenger Pick-Up and Drop-Off is provided for at the Danforth GO Station;

2. to facilitate pedestrian access to Main St., Metrolinx will grant a permanent, non-exclusive easement over a portion of lands they own at 231 Main Street;

3. a crash wall is designed as part of the proposed settlement has a reduced 25-metre ("m") setback from the Railway Corridor to sensitive land uses. Non-sensitive land uses such as above-grade parking will continue to be located within this setback; and

4. a number of other matters that will be secured under a Section 37 Agreement with the City.

13City Council accepted the proposed settlement on October 1, 2021 subject to several conditions that are included within the decisions Interim Order.

PLANNING INSTRUMENTS

14The proposed settlement requires a ZBA to facilitate the development. The Tribunal is provided two ZBA's to consider for approval in principle at this settlement hearing being:

1. to amend the in-force City Zoning By-law No. 438-86, as amended (Exhibit 3); and

2. to amend the new City Zoning By-law No. 569-2013, as amended (Exhibit 4). The City routinely requires applicants to amend the new Zoning By-law to ensure consistency and accuracy between the two documents.

15These two ZBA's will include the necessary zone standards to permit the proposed development, required setbacks, a maximum density (GFA), parking requirements for both automobiles and bicycles, required amenity space and building heights.

LAND USE PLANNING POLICY

Provincial Policy

16Mr. Huynh is of the opinion that the proposed settlement has appropriate regard for matters of Provincial Interests as set out in s. 2 of the Planning Act. He made special note of the Provincial Interests described in s. 2(a) – (f).

17Mr. Huynh described how the relevant Provincial policy related to the proposed settlement and is of the opinion it is consistent with the Provincial Policy Statement 2020 ("PPS") and conforms to the Growth Plan for the Greater Golden Horseshoe 2019 ("Growth Plan").

18Mr. Huynh opined that the proposed instruments are consistent with the PPS. The Planner noted that the PPS provides a policy framework that promotes and encourages intensification in centres and locations that are well served by municipal infrastructure. He made specific reference to a policy framework that:

1. encourages transit-supportive development and the creation of healthy, safe, and livable communities by promoting the integration of land uses planning growth management. Intensification and infrastructure planning to achieve cost effective development patterns, the optimization of transit investments and minimize land consumption and servicing costs;

2. provide for an appropriate range and mix of housing options and densities to meet projected housing needs of current and future residents. The facilitation of all types of housing through intensification that makes efficient use of land resources, infrastructure, and public services; and

3. ensures long term prosperity is supported by making use of a variety of initiatives which include: the optimization of existing infrastructure and facilities by making efficient use of existing and planned infrastructure including through the use of transportation demand management strategies. It is a priority to encourage intensification in proximity to transit, including corridors and stations.

19Mr. Huynh testified that the Growth Plan is a further expression and articulation of Provincial policy. It is a Provincial Plan that encourages compact, vibrant, complete communities that serve to optimize the use of land and infrastructure in order to support growth in a compact and efficient form.

20He is of the opinion that the proposed settlement conforms to the Growth Plan and identified many of the similar themes found in the PPS. In support of this opinion, Mr. Huynh made reference to a number of Growth Plan policy directions including the following:

1. supports the achievement of complete communities that offer more equitable choices and provide for healthy and safe environment for active living and meeting individual needs throughout an entire lifetime;

a. prioritizes intensification and higher densities in strategic growth areas that are well served by public transit to make efficient use of land and infrastructure. The importance of optimizing the use of land use in urban areas a consistent Growth Plan theme;

b. supports a range and mix of housing types to meet the needs of all people at all stages of their life. The proposal will contribute to the much needed housing inventory and can co-exist compatibility with surrounding uses;

c. is in a location that can readily accommodate forecasted growth in well a designed complete community. The subject lands are within a larger area of the City that is considered to be a strategic growth area to support the achievement of the intensification target and a key focus area for development;

d. makes efficient use of land and resources by optimizing existing land supply that represents an intensification first approach to development and city-building. The subject lands are located approximately 350 meters from the Main Street TTC subway station and 180 meters east of the Danforth GO Transit station;

e. provides for a compact urban form and a vibrant public realm while ensuring a compatible and safe transition to the existing Metrolinx Railway Corridor. Serves to assist in the mitigation of and adaptation to the impacts of climate change.

f. as part of the proposed settlement the City will secure a new public park and a POPS that will bisect the two development parcels; and

g. represents an integrated planning program to accommodate forecasted growth.

21Mr. Huynh testified that intensification on the subject lands serves to intensify an underutilized site located in a strategic growth area where intensification and high density development exists and is planned to continue. The proposal is an efficient use of land and will make use of existing infrastructure in a cost-effective manner by using existing and contributing to the planned infrastructure in the area. It introduces a significant number and range of residential unit types that are needed within the City. The subject site is close to an existing GO Transit and TTC subway station and will serve to optimize the use of these existing transit facilities.

22The high density compact urban form as proposed by the ZBA "not only conforms with the Growth Plan 2020 but specifically implements its policies by promoting growth and intensification on lands that fall within strategic growth areas in the City".

23For all the reasons in his oral testimony and witness statement, it is Mr. Huynh's opinion that the proposed settlement has regard for s. 2 of the Planning Act, is consistent with the PPS and conforms to the Growth Plan. It serves to support and advance the policies as articulated by the relevant Provincial planning documents by optimizing the use of land, resources, and the existing and planned infrastructure thereby clearly implementing the relevant Provincial policy directions and priorities.

24The Tribunal accepts Mr. Huynh's evidence in its entirety and finds the proposed settlement has appropriate regard to the Provincial Interests found in s. 2 of the Planning Act, is consistent with the PPS and conforms to the Growth Plan.

City of Toronto Official Plan

25The in-force City of Toronto Official Plan ("City OP") was adopted by City Council in November 2002 and approved by the Ontario Municipal Board in July 2006. The City OP should be read in its entirety to ensure one understands the comprehensive and integrated intent of the policy framework, priority setting and decision making of City officials.

26The subject lands are designated as Mixed Use Areas on Map 20 of the City OP.

27Mr. Huynh in his testimony evaluated the proposed settlement and ZBA's against all relevant policies and proffered the opinion that they conform to and implement the City OP. "The uses proposed are both permitted and encouraged within the Mixed Use Areas designation, which is specifically intended to provide for growth". Evidence supporting his opinion that the proposed settlement conformed to the City OP included the following:

1. Growth Management - meets the objectives of this section which include using land, infrastructure and services efficiently; is in an area that is well served by transit; is a mixed use development; serves to facilitate social interaction and contributes to the accommodation of the City's forecasted growth;

2. Land Use Designation – Mixed Use Areas designation permits a broad range of commercial, residential, and institutional uses in single-use or mixed-use buildings. Policy establishes a comprehensive series of criteria for proposed developments (s. 4.5 (2)) of which the proposed settlement is evaluated against:

3. Public Realm - The buildings represent high quality architecture, landscaping, and urban design. There is significant open space proposed and the new street provides the necessary public connections while supporting a 'complete street' approach;

4. Built Form – The Applicants recognized that an essential part of building a city is the importance of good urban design. The proposed development is located, organized, massed, and has an exterior design to harmoniously fit within the existing and/or planned context. Edges of the streets, parks and open spaces are of a good proportion to ensure adequate light, privacy and sky view is provided. The key urban design policies for tall buildings that support an appropriate scaled 'base', a 'shaft' that is appropriately sized and oriented and a 'top' that contributes to the character of the skyline are all incorporated in the building design;

5. Housing - supports a full range of housing in terms of form, tenure, and affordability.

6. Building New Neighbourhoods – the review of the proposed settlement established a comprehensive planning framework in its creation to ensure it is carefully integrated into the surrounding fabric of the City. Street patterns, mix of land uses, open space, necessary infrastructure, and community facilities were all considered and incorporated into the proposed settlement; and

7. Implementation – establishes the relationship with respect to increased height and density permitted under Section 37 of the Planning Act and is part of the City conditions that are acceptable to the Applicant.

28Mr. Huynh is of the opinion that the proposed settlement conforms to and serves to implement the policies found in the City OP for reasons including:

1. is designed in a manner that will assist in the creation of a complete community that is compatible to the surrounding communities and optimizes the use of a large, well configured, under utilized site;

2. has excellent transit availability and serve to make efficient use of existing and significantly contributes to new municipal infrastructure in the immediate area;

3. meets all land use, transportation, built form, urban design, public realm, and parks and open space policies of relevant City OP policies;

4. is evaluated against and meets the Development Criteria found in the City OP 'Mixed Use Areas' policy. It frames the streets, has appropriate transition to adjacent land uses and has acceptable shadow impacts;

5. meets all the City OP's Built Form policies as the proposed development is located and organized to fit into both the existing and planned context while serving to frame and support adjacent streets. It represents appropriate built form and has incorporated many architectural design details; and

6. the proposal serves to broaden housing types and choice in this neighbourhood by providing larger units for families, households with children and multi-family households. It contributes to the continued evolution of this complete community.

29In summary, Mr. Huynh opined that the proposed settlement conforms or has appropriate regard for all relevant City OP policy. The proposed settlement "is premised on a sound and reasonable planning analysis, is good planning and is in the public interest.

30The Tribunal accepts Mr. Huynh's evidence in its entirety and finds the proposal conforms to the City OP.

Official Plan Amendment 478

31Mr. Huynh testified that in December 2019 City Council adopted OPA 478 which served to amend Chapter 7 by adding a Site and Area Specific Policy 577 to the City OP. OPA 478 includes the subject lands and applies generally to lands surrounding the area of Main Street and Danforth Avenue in the City. OPA 478 has been the subject of considerable mediation but remains under appeal at the Tribunal and therefore is not yet in-force.

32The planner is of the opinion that the proposed settlement has appropriate regard for, is consistent with and generally conforms to OPA 478 as it meets objectives including:

1. supports a public realm structure of streets, parks and open spaces that creates opportunities for orderly development and intensification;

2. supports a mixed use, mixed income community by supplying a full range of housing and is a complete community;

3. creates a part of the required network of public streets to support intensification;

4. is of high quality architectural and landscape design that ensures an attractive and functional public realm; and

5. is in keeping with Character Area C built form policies relating to tall buildings. Character Area C is where the highest buildings with the greatest density are located. Policies serve to limit physical impact on lands designated Neighbourhoods, respects tower floorplates, setback and separation between tower requirements and appropriately limits shadows.

33The Tribunal finds that the proposed settlement has appropriate regard for and generally conforms to the yet to be in-force policies found OPA 478.

City Guidelines

34Mr. Huynh's evidence made note of two City Guidelines and demonstrated how the proposed settlement has regard for each. The guidelines are:

1. Tall Building Guidelines are considered and the buildings on the subject site are designed to provide appropriate site context and organization, respects the tall building and pedestrian realm, protects sky view, and ensures adequate light, view, and privacy on adjacent properties; and

2. Growing Up: Planning for Children in Vertical Communities Guidelines are designed to assist in the accommodation the needs of households with children in such communities. To meet the intent of the guidelines the proposed settlement has included a 21.6% two bedroom and 10% three bedroom units which when combined meets or exceeds the standards recommended by these guidelines.

City Zoning By-laws

35By-law No. 438-86 as amended ("BL 438-86") was the in-force City Zoning By-law at the time of application. The subject site is zoned I1 D2 along with a number of both permissive and restrictive exceptions. A range of light industrial uses are permitted on the subject lands and residential uses are currently not permitted. The City has adopted a new City- wide Zoning By-law No. 569-2013 ("BL 569-2013").

36Mr. Huynh presented two draft ZBA's the first to amend BL 438-86 (Exhibit 3) and a second is prepared in anticipation of the City's desire to bring the proposed settlement into conformity with BL 569-2013 (Exhibit 4). Both ZBA's essentially 'mirrors' the other and include the necessary zone standards to permit the proposed development, required setbacks, a maximum density (GFA), parking requirements and building heights

37Mr. Huynh opined that the proposed ZBA's will serve to appropriately facilitate intensification on the subject lands and have regard to s. 2 of the Planning Act, are consistent with the PPS, conform to the Growth Plan and the City OP. The Tribunal agrees.

CITY COUNCIL CONSIDERATION OF THE PROPOSED SETTLEMENT

38City Council accepted the proposed settlement in October 2021 subject a number of conditions that must be satisfied by the Applicant, The City requested that should the Tribunal allow the appeal, that the Final Order be withheld until the Tribunal has been advised by the City Solicitor that these conditions have been met.

39City Council conditions include a satisfactory final form of the ZBA's; an executed Section 37 Agreement with respect to Community Benefits; updated supporting information and reporting relating to Transportation and Servicing; an acceptable phasing plan, construction of a portion of the east-west extension of Dawes Road, and a series of rail safety, pedestrian access and construction mitigation requirements found in the executed Minutes of Settlement with Metrolinx.

40Mr. Huynh is of the opinion that many of the preconditions are common to allow Applicant, City, and other interested parties to finalize some of the necessary detail including the various planning instruments.

41Both the Counsel for the City and Applicant requested that should the Tribunal allow the appeal, that the conditions of Council be part of the Interim Order to ensure clarity and consistency on what is required on a go forward basis. The Tribunal agrees.

TRIBUNAL ANALYSIS OF THE PROPOSED SETTLEMENT

42The Tribunal accepts the uncontested evidence of the Mr. Huynh in its entirety and finds the proposed instruments as put forward in the proposed settlement meet all the relevant policy tests of the Planning Act, PPS 2020, the Growth Plan and all relevant foundational policies of the City OP, has appropriate regard to OPA 478 and is in keeping with the Tall Building and Growing Up Guidelines.. They represent good planning and are in the public interest.

43The Tribunal finds that the City has well established planning policy for the area surrounding the subject lands and has followed a careful, complete, and comprehensive planning review of the revised proposal. The proposed settlement aligns with established principles of both Provincial and City OP policy making it an appropriate location for the proposed development. Reasons include the following:

1. will assist in the creation of a complete community as envisioned by OPA 478. The proposal is compatible to the surrounding communities and optimizes the use of a large, well configured, under utilized site located in a strategic growth area where intensification and high density development exists and is planned to continue;

2. represents an intensification first approach to development and city-building;

3. is served by an excellent suite of existing transit facilities and will serve to efficiently use existing, and significantly contributes to new, municipal infrastructure in the immediate area;

4. has been evaluated against and shown to meet all land use, transportation, built form, urban design, public realm, and parks and open space policies of relevant City OP policies;

5. creates a part of the required network of public streets to support intensification;

6. is of high quality architectural and landscape design that ensures an attractive and functional public realm;

7. meets all the City OP and OPA 478's Built Form policies. The proposed development is located and organized to fit into both the existing and planned context while serving to frame and support adjacent streets. It represents appropriate built form and has incorporated many architectural design details;

8. the proposal serves to broaden housing types and choice in this neighbourhood by providing larger units for families, households with children and multi-family households. It contributes to and supports a mixed use, mixed income community by supplying a full range of housing and the continued evolution of this complete community; and

9. represents an efficient use of land and will make use of existing infrastructure in a cost-effective manner by using existing and contributing to the planned infrastructure in the area.

44The supply of all forms of housing is an important policy objective of the both the Province and the City. The Tribunal is pleased to see the proposed settlement includes a mix of residential uses that include two and three bedroom units suitable for families which will become an important addition to the housing supply in the City. Provincial and City housing policy is important in the Tribunal's consideration of the proposed settlement.

45The Tribunal is presented, with consent of all parties, two draft ZBA for By-law No. 438-86 and By-law No. 569- 2013. These proposed instruments would implement the proposed settlement. There is also a significant list of conditions requested by City Council should the Tribunal approve in principle what is proposed. It is evident that the Applicant has a substantial path of City approvals to follow before a Final Order may be issued. The Tribunal is prepared to give an Interim Order approving the proposed settlement in part. It is therefore appropriate that City conditions are part of this Interim Order to ensure all necessary matters and requirements are met prior to the Final Order being issued.

46The Tribunal finds that the proposed settlement, as presented, is appropriate, desirable and in keeping with the evolving City OP and OPA 478 policies. It represents good land use planning, is consistent or in conformity with, and meets the objectives, of all requisite Provincial public policy, is good planning and is in the public interest.

INTERIM ORDER

47Accordingly, the Tribunal Orders.

48THAT the appeal by 6 Dawes Danforth Inc. of its application for an amendment to City of Toronto Zoning By-Law No. 438-86, as amended, in respect of the lands municipally known as 6 Dawes Road in the City of Toronto is allowed, in part.

49THAT City of Toronto Zoning By-law No. 438-86, as amended, is amended to permit the form of development set out in the architectural plans and drawings prepared by BDP Quadrangle dated October 1, 2021 and entered as Exhibit 2, Exhibit C at the hearing, generally in accordance with the draft Zoning By-law Amendment entered as Exhibit 3 at the hearing.

50THAT upon confirmation of the parties that the application for zoning by-law amendment set out in paragraph 48 will facilitate incorporation of 6 Dawes Road into City of Toronto Zoning By-law No. 569-2013, as amended, the said By-law is amended generally in accordance with the Zoning By-law Amendment entered as Exhibit 4 at the hearing.

51THAT the Final Order is withheld by the Tribunal pending written confirmation from the City Solicitor that the following City conditions have been satisfied:

1. the Tribunal has been advised by 6 Dawes Danforth Inc. and the City Solicitor that the following matters have been addressed to the City's satisfaction:

i. the proposed Zoning By-law Amendment(s) are in a form satisfactory to the City, including securing the following matters, to the satisfaction of the Chief Planner and Executive Director, City Planning:

1. the community benefits to be secured in the Section 37 Agreement are as follows:

a. a cash contribution of $7,300,000.00 to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward a new community recreation centre within the vicinity of the Site, or such other public benefits that are to be determined by the Chief Planner in consultation with the Ward Councillor;

b. a cash contribution of $66,667.00 to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward a streetscape improvements study for Main Street in proximity to 6 Dawes Road, which will include the intersections of Main Street and Danforth Avenue and Main Street and Gerrard Street;

c. the cash contributions shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

d. in the event the cash contribution to be allocated toward a new community recreation centre within the vicinity of the site has not been used for the determined purpose within seven years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

in the event the cash contribution to be allocated toward a streetscape improvements study for Main Street in proximity to 6 Dawes Road, which will include the intersections of Main Street and Danforth Avenue and Main Street and Gerrard Street, has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

the design, construction, and finishing of six (6) affordable housing units with a minimum floor area of 427 square metres (4,600 square feet) within the approved development at 6 Dawes Road (the "Affordable Housing Units") by the Owner, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the conveyance of the Affordable Housing Units shall be at no cost to the City, in fee simple, prior to first occupancy of any building on the Site, provided that the owner shall have the right to convey the Affordable Housing at later phase of the Settlement Development, with the specific timing/phasing to be determined through the site plan approval process, provided that the owner provides the City with a letter of credit in an amount equal to $2,700,000 to secure the Affordable Housing prior to the first above-grade building permit for the first phase of development. The letter of credit shall be indexed from the date of execution of the Section 37 Agreement.

f. the owner and the City entering into one or more Agreements of Purchase and Sale ("the APS") for the Affordable Housing Units, prior to the issuance of the first building permit for the phase of development within which the units are to be provided, and the APS will be assignable by the City at no additional cost;

g. the Affordable Housing Units will be comprised of at least three 1-bedroom units with a minimum size of 50 square metres (540 square feet), two 2-bedroom units with a minimum size of 87 square metres (936 square feet), and one 3-bedroom unit with a minimum size of 100 square metres (1,076 square feet);

h. the Affordable Housing Units will have access to all building facilities and amenities on the same terms and conditions as all the other residents; and

i. on, or prior to, the conveyance of the Affordable Housing Units, 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 Affordable Housing Units.

2. the following matters to be secured in the Section 37 Agreement as a legal convenience to support development:

a. the statutory parkland dedication and any parkland over-dedication, and the Above Base Park Improvements, and the Section 118 Restriction for the statutory parkland dedication, and any development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation;

b. the development charge credit against the Water, Sanitary Sewer, and Storm Water Management components of the Development Charges applicable to the development, for any servicing works undertaken by the owner which benefit other properties, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the phasing of development in accordance with an acceptable phasing plan;

d. one privately owned publicly accessible open space (POPS), not less than 503 square metres approximately in the centre of the Site, as generally shown on Plan A201, to the satisfaction of the Chief Planner and Executive Director, City Planning. 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 POPS and any required public access easements to connect the POPS to adjacent POPS and/or public rights-of-way, where necessary, with the timing of conveyance to be no later than the date that a passenger pick-up and drop-off (PPUDO) has been constructed as part of the ultimate configuration of the east-west extension of Dawes Road. Following construction of the POPS, the owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the POPS shall be 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;

e. the construction by the owner of the 10.7 metre-wide southerly portion of the east-west extension of Dawes Road, which shall function as a private driveway as an interim condition; the conveyance to the City, for nominal consideration, of easements(s) along the surface of the lands, which shall not be extinguished until the east-west extension of Dawes Road in its entirety has been constructed, conveyed, and assumed by the City; and the conveyance of the southerly portion of the east-west extension of Dawes Road at the time that the lands to the north redevelop and the northerly portion of the east-west extension of Dawes Road has been constructed and conveyed to the City, all to the satisfaction of the Chief Planner, the General Manager, Transportation Services and the City Solicitor; and subject to the owner entering into and registering a Section 118 Restriction under the Land Titles Act, prior to the issuance of the OLT's final order, agreeing not to transfer or charge its lands which will form part of the future east-west extension of Dawes Road, which restriction may be released only upon the owner transferring the land to the City, all to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

f. the provision of on-site parking ratios to the satisfaction of the General Manager, Transportation Services, supported by a comprehensive Transportation Demand Management Plan, submitted to the satisfaction of the Chief Planner. Should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment;

g. the provision by the owner of space within the development for installation and maintenance access holes and sampling ports on the private side, for both storm and sanitary service connections, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

h. a minimum of 10 percent of all units on the lands at 6 Dawes Road as 3-bedroom units and a minimum of 20 percent of all units on the lands at 6 Dawes Road as 2-bedroom units;

i. the construction and maintenance of the development in accordance with the Tier 1 or higher performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of PG23.9 of the Planning and Growth Committee, and as may be further amended by Council from time to time;

j. the owner's agreement that prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: 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, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor;

k. the owner's agreement to implement any required recommendations and/or mitigation measures from the accepted and peer reviewed Rail Safety and Environmental Noise and Vibration Reports, and the accepted Wind Tunnel analysis, Traffic Impact Study, Grading and Servicing Plan, and Landscape Plan, through the Site Plan approval process for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning;

l. the owner's agreement to include warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning;

m. the owner's agreement to incorporate Metrolinx's requirements addressing construction measures, warning clauses and other rail safety requirements, during the site plan review process to the satisfaction of the Chief Planner and Executive Director, City Planning;

n. the owner's agreement to satisfy the requirements of the Toronto Transit Commission in regards to additional information related to the Toronto Transit Commission infrastructure and their Limited Scope Technical Review, to the satisfaction of the Manager of Technical Review, Toronto Transit Commission.

o. the submission of a Noise and Vibration Report, and the peer review of the submitted Environmental Noise and Vibration Assessment Report, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

p. the submission of a Wind Tunnel analysis, acceptable to the Chief Planner and Executive Director, City Planning, and securing such mitigation matters through the Site Plan Approval process; and,

q. the submission of a Rail Safety Report and the peer review of the submitted Rail Safety Report, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, and securing such mitigation matters through the Site Plan Approval process; and,

2. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the Site to the satisfaction of the City Solicitor, securing the benefits and matters of legal convenience outlined above;

3. the owner has, at its sole expense:

ii. submitted Grading and Servicing Plans, Architectural Plans and Landscape Plans, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation, as appropriate, with the Chief Engineer and the General Manager, Parks Forestry and Recreation;

iii. submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

iv. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

v. submitted a revised Transportation Impact Study to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required, and if necessary, the proposed Zoning By-law Amendment has been revised to address any mitigation measures arising from the accepted studies or reports; and,

vi. registered or authorized the City to register a Section 118 Restriction on title to the Parkland and the Dawes Road extension lands; and,

4. the owner has (1) executed an easement agreement with Metrolinx to permit a publicly accessible and barrier-free pedestrian connection from 6 Dawes Road to Main Street through Metrolinx's property at 213 Main Street, and (2) provided Metrolinx with the interim payment and a letter of credit for such easement in accordance with the agreement reached between 6DDI and Metrolinx, to the satisfaction of Metrolinx.

52THAT upon receipt of such written confirmation, the Final Order will issue.

53If the City Solicitor does not submit the final drafts of both Zoning By-law Amendments, and provide confirmation that all contingent pre-requisites to the issuance of the Final Order as set out in Paragraphs 49, 50, and 51 above have been satisfied, and request the issuance of the Final Order, by Friday, June 17, 2022, the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Official Plan Amendment and both Zoning By-law Amendments and the issuance of the Final Order by the Tribunal.

54The Panel Member will remain seized for the purposes of the issuance of the Final Order and with respect to the Provisional Interim Orders set out above. In the event any matters arise, which are related to the implementation of this Interim Order, the Tribunal may be spoken to.

"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.