Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 06, 2022

CASE NO(S).: OLT-22-002040 (Formerly PL200072)

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

Appellant: 9 Dawes Development Inc. Appellant: 25 Dawes Inc. Appellant: Canadian Tire Real Estate Ltd. Appellant: Dandaw Developments Limited Appellant: Marlin Springs Limited Partnership Appellant: Tawse Realco Inc. Appellant: Talisker Corporation Appellant: Tri-Metro Investments Inc.

Subject: Official Plan Amendment No. OPA 478 Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-002040 Legacy Case No.: PL200072 OLT Lead Case No.: OLT-22-002040 Legacy Lead Case No.: PL200072 OLT Case Name: 9 Dawes Development Inc. et. al. v. Toronto (City)

Heard: January 31, 2022 by Video Hearing

APPEARANCES:

Parties	Counsel
City of Toronto	Laura Bisset/Michael Mahoney
Canadian Tire Real Estate Ltd.	Jennifer Evola
6 Dawes Danforth Inc., 9 Dawes Development Inc., 25 Dawes Inc., Minto (Dawes) GP Inc., Dandaw Development Limited, Marlin Springs Limited Partnership, Tri-Metro Investments Inc., Metrolinx, Victoria Wood (Main Square) Inc.	Daniel Artenosi, Michael Cara, John Dawson, Michael Foderick/Fern Opatowski, Michael Melling, Andrew Baker/Isaac Tang
Tawse Realco Inc.	David Neligan

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JANUARY 31, 2022 AND INTERIM ORDER OF THE TRIBUNAL

1The matters before the Ontario Land Tribunal (the “Tribunal” or “OLT”) are appeals filed by:

a. Tawse Realco Inc.; b. Victoria Wood (Main Square) Inc.; c. Canadian Tire Real Estate Ltd.; d. Tri-Metro Investments Inc.; e. Dandaw Development Limited and Marlin Springs Limited Partnership; f. 9 Dawes Development Inc. and 25 Dawes Inc.; and g. 6 Dawes Danforth Inc.

(the “Appellants”) under s. 17(24) of the Planning Act (“Act”) as a result of City’s Council adoption of Official Plan Amendment No. 478 (“OPA 478”).

2This is the fourth scheduled Case Management Conference (“CMC”), to which was converted into a Settlement Hearing.

3The Tribunal qualified and affirmed the City’s Planner Helen Song to provide expert land use planning evidence. Ms. Song’s testimony was uncontested.

4The Tribunal also received the Affidavit of David Huynh, planner for the Appellant, 6 Dawes Danforth Inc. and the Affidavit of Ms. Lindsay Dale-Harris, planner for the Appellant Minto (Dawes) GP Inc. No viva voce testimony was required of these two planners.

Subject Area

5The Tribunal heard the area encompasses properties along Danforth Avenue, Main Street, Dawes Road, and the intersection of Gerrard Street East and Main Street, all generally within 500 to 800 metres of the Main Street Toronto Transit Commission (“TTC”) Station and the Danforth GO Station. The Lakeshore East Rail Corridor, operated by Metrolinx for commuter rail service, bisects the study area east to west. The study area is approximately 26 hectares.

6The land use designations in the study area include Mixed Use Areas, which are targeted for growth and intensification, and Parks and Open Space Areas, which are not targeted for growth, but rather are where green connections and improvements to the public realm are intended to occur.

7The majority of the study area is zoned MCR T.0 C2.5 R2.5 and MCR T3.0 C2.0 R2.5 under the former City of Toronto Zoning By-law No. 438-86. This zone permits a wide range of commercial and residential uses with a maximum density of 3.0 times the area of the lot. The maximum permitted height is between 14 and 16 metres. Other zoning categories present in the study area include CR T2.0 C1.0 R2.0 and CR T2.0 C0.5 R2.0, which are similar to the MCR zone in terms of use permissions and, which permit a maximum density of 2.0 times the area of the lot and a maximum height of between 12 and 14 metres.

8The majority of the study area is zoned CR3.0 (c2.5; r2.5) SS2 and CR3.0 (c2.0; r.2.5) SS2 under City-wide Zoning By-law No. 569-2013. As well, there are areas in the plan area zoned CR2.0 (c.1.0; r2.0) SS2. The zoning permissions are consistent with those outlined in Zoning By-law No. 438-86.

9There are some properties within the plan area that are zoned G and Gr (Parks Zone), Tr (Industrial Zone) and R2 (Residential Zone) under the former City of Toronto Zoning By-law No. 438-86. Similarly, under City-wide Zoning By-law No. 569-2013, there are some properties within the plan area that are zoned ON and OR (Open Space Zone) and R (Residential Zone).

10Properties that front onto Danforth Avenue and Gerrard Street East typically have low rise one- to three-storey single-use and mixed-use buildings. There are larger parcels of land bordered by Main Street to the west, Danforth Avenue to the north, Dawes Road to the east and the rail corridor to the south. This portion of the plan area includes Main Square, a tall building complex with four existing tall buildings and two additional approved tall buildings.

11The properties that front onto Dawes Road have a predominantly non-residential, industrial character, including storage, auto-related, and warehouse uses.

12The East Toronto Athletic Field, a public park located south of the rail corridor, is also included in the plan area as it is a large and well-used park that serves the plan area and provides context for the public realm enhancements included in OPA 478.

13Generally, low-rise residential properties surround the plan area. Low-rise mixed-use properties abut the plan area along Danforth Avenue. East of Dawes Road, immediately adjacent to the plan area, are two apartment buildings with heights of 8 and 12 storeys. There are eighteen properties in the plan area that have been identified as potential built heritage resources.

Applications in the OPA 478 Subject Area

14The Tribunal heard there are seven active development approvals and/or applications within the plan area:

• 276-294 Main Street: a 27-storey mixed-use building was approved by the OLT, based on a settlement offer accepted by City Council on February 2, 2019. A site plan application has been submitted and is under review.
• 2494 Danforth Avenue: a proposal to amend the Official Plan and the Zoning By-law to permit a 10-storey seniors' assisted living building, which incorporates retail uses on the first and second floors, including a four-storey rental apartment building at the rear of the site, was received on December 21, 2017 and is under review by the City.
• 2575 Danforth Avenue: two rental apartment buildings with heights of 15 and 32 storeys received zoning approval in 2003, and are currently under site plan review.
• 9 and 25 Dawes Road: an application to amend the Zoning By-law to permit a mixed-use building containing two towers with heights of 24 and 30 storeys was received on July 10, 2019 and was appealed to the OLT on December 4, 2019, for failure or neglect of City Council to make a decision within the statutory timeframe. The OLT conducted a settlement hearing in this matter on November 8, 2021, and issued an approval in respect of a modified version of the application on December 24, 2021, but withheld its final order pending completion of certain matters (OLT Case No. PL190608).
• 6 Dawes Road: an application to amend the Zoning By-law to permit three mixed-use buildings with heights of 49, 46 and 40 storeys; an integrated Metrolinx station, and a community centre was received on November 25, 2019 and was appealed to the OLT on March 23, 2021. The OLT conducted a settlement hearing in this matter on December 17, 2021, and issued an approval on a modified version of the application on January 5, 2022.
• 10-30 Dawes Road: an application to amend the Zoning By-law to permit a mixed-use building containing two towers with heights of 26 and 33 storeys was received on March 11, 2019, and was appealed to the OLT on November 6, 2020 for failure or neglect of City Council to make a decision within the statutory timeframe. The OLT conducted a settlement hearing in this matter on January 7, 2022, and issued a verbal approval on a modified version of the application, but withheld its final order pending completion of certain matters (OLT Case No. PL200569).
• 2721 Danforth Avenue: an application to amend the Official Plan and the Zoning By-law to facilitate the redevelopment of the site for two mixed-use towers having heights of 35 and 55 storeys, consisting of 390 square metres of non-residential gross floor area, and 74,940 square metres of residential gross floor area in 1,139 residential dwelling units, was received on November 5, 2021 and was deemed complete on January 20, 2022. This application is under review by the City.

Proposed Modifications to OPA 478

15The Tribunal heard the following table, which summarizes the proposed modifications:

Section and Policy	Modification
Section 1 – Objectives – Policies 1.2, 1.3, 1.5, 1.7 and 1.8	Stylistic adjustments to provide clarity.
Policy 2.1.1	Clarity on the provision of new streets, laneways and midblock connections.
Policy 2.1.2	Dawes Road extension reduced from 20 metres to 18.5 metres, maintaining two lanes of traffic, wide sidewalks, and pick-up/drop-off area.
Policy 2.1.3	New policy clarifying process of providing and constructing Dawes Road extension.
Policy 2.1.4	New policy indicating the pick-up and drop-off for Danforth GO station.
Policy 2.1.5	New policy detailing the specifics of the pick-up and drop-off spaces to ensure barrier-free access.
Policy 2.1.6	New policy indicating expectations for minimum sidewalk widths.
Policy 2.1.7	New policy specifying that the north-south extension of Dawes Road will connect to the existing signalized intersection at Danforth Avenue.
Policy 2.1.8	New policy clarifying the intent of private lanes.
Policies 2.1.10 and 2.1.11	New policy indicating that a Development Charge credit may be attributed for the new Dawes Road extension, where appropriate.
Policy 2.1.12	New policy regarding the potential closure of a portion of Guest Avenue and to provide a north-south addition to Guest Avenue that connects to the new Dawes Road Extension.
Section 2.2	Stylistic adjustments to provide clarity and a new policy 2.2.5 to state that the location and configuration of midblock connections will be determined through site specific development applications.
Section 2.3	Added text to provide clarity on process, location, configuration and size of proposed new parks and their future design. Added new policy 2.3.10 that guides the design and interface of development abutting new public parks.
Section 2.4	Stylistic modifications. Policy 2.4.2 is removed.
Section 5	Stylistic modifications to confirm intent.
Policy 6.1	Deleted
New Policy 6.1 (previously, Policy 6.2)	Modified to require two floors of non-residential uses.
New Policy 6.3	Recognizes that non-residential uses may not be feasible on lots abutting the rail corridor due to rail safety mitigation strategies and requiring other uses, such as affordable housing, in lieu of non-residential uses.
Section 7.3	Modifications were made to recognize a different approach to policy that still maintains the original intent and is consistent with OPA 480.
Section 7.4	New section and policies that introduce a new Character Area D.
Section 11	New set of policies regarding municipal services, including the requirement of a Master Functional Servicing Report for Character Area C.
Section 12	New set of policies regarding implementation, particularly for when new parks and road conveyances will be required as part of large redevelopment proposals and not minor expansions of existing uses.
Map 1	No change
Map 2A	Revised to reflect the Dawes Road extension and passenger pick-up and drop-off.
Map 3	No change
Map 4	Revised to reflect policy text in parks and public realm and Privately owned public space – (“POPS”) sections of OPA 478, and Site Specific Rezoning Applications.
Map 5	Revised to add Character Area D.
Map 6	Deleted
Map 7	Renumbered to Map 6

• Section 1 of OPA 478 contains policies that outline the objectives of this area-wide Official Plan Amendment. The proposed modifications to this Section are minor in nature, stylistic, and provide clarity where necessary.

16Ms. Song opined that the intent of the objectives is maintained and the words used are reflective of the Official Plan and, therefore, the modifications are acceptable.

• Section 2.1 of OPA 478 contains a set of policies for the street and block network of the study area. This section includes the locations of the new Dawes Road extension, laneways and midblock connections, and policies as to how they will be provided. Modifications were made to Section 2.1 to (a) clearly state the purpose of these streets, lanes and midblock connections, which are to provide access and addresses for new development, to provide access for emergency vehicles and other City services, and to improve pedestrian permeability; and (b) determine when the new Dawes Road extension will be conveyed and what its design will be in an interim and final condition (the final condition including on-street parking for pick-up and drop-off to Danforth GO Station). It was also determined that the new right-of-way width for the Dawes Road extension could be 18.5 metres, which would be wide enough in this context to accommodate wide sidewalks, two lanes of vehicular traffic, and a passenger pick-up and drop-off for Danforth GO Station.

17Ms. Song opined that it is was determined that further clarity and certainty were required on the delivery of the Dawes Road extension, the laneways, and the midblock connections. These modifications are appropriate and provide clarity to future developers, City staff involved in development review, local residents and stakeholders, and City Council.

• Section 2.2 of OPA 478 speaks to sidewalks and midblock connections. This section of OPA 478 remains largely unchanged, other than to make stylistic amendments to ensure clarity for future applications and to state that the precise location and configuration of midblock connections will be determined through site specific development applications.

18Ms. Song opined that given the minor adjustments to this section of the OPA, the modifications are acceptable.

19Ms. Song opined that given that the overall intent and objective of this Section are maintained, the changes to the policy text are acceptable.

• Section 2.4 of OPA 478 relates to potential new privately-owned, publicly-accessible spaces (“POPS”). Stylistic changes were made to this policy, maintaining its original intent. Policy 2.4.2 is proposed to be deleted. This policy stated that POPS will not be used to satisfy parkland dedication. Staff have determined that this policy is not necessary given that public parks are regulated through legislation, and it is the City's right to request an on-site parkland dedication where feasible and appropriate.
• No modifications are proposed for Sections 3 (community services and facilities) and 4 (sustainability and resilience) of OPA 478.
• Ms. Song opined that minor stylistic adjustments that confirm intent are proposed in Section 5 (parking and loading), are acceptable.
• Section 6 deals with land use within the study area. Policy 6.1 is proposed to be deleted. This policy required appropriate infrastructure (roads, services, parks, community services) to be provided as greater residential and non-residential densities were introduced. It also required appropriate mitigation (rail safety, noise, vibration), where needed. While this policy is proposed to be deleted, the components of this policy have, instead, been spread across the other sections of OPA 478, so as to maintain the intent of Policy 6.1, but in a clearer manner. For example, new parks are covered in the parks and open space section of the plan, and the same applies to other sections of this plan.
• Section 6.2 has now been renumbered as Section 6.1. This policy, as adopted, required non-residential uses that generate employment opportunities on three floors of tall buildings in the Employment Priority Area. This policy has been adjusted to require that non-residential uses be included only on the first and second floors of the tall buildings within the Employment Priority Area. Though the quantum of non-residential uses is proposed to be reduced from three floors to two floors, the overall intent of fostering employment opportunities within the study area is maintained, given this policy, alongside the provision of non-residential uses through Official Plan Amendment No. 420 (the Danforth Avenue Planning Study) (“OPA 420”) for the properties that front on Danforth Avenue.

20Ms. Song opined that in general, these policies will result in an increase in non-residential uses that generate employment opportunities in the study area.

• A new Section 6.3 is proposed to be added. This policy recognizes that non-residential space may not be feasible on lots that abut the rail corridor, in light of rail safety and mitigation requirements. The inclusion of this policy may result in less or no non-residential uses for lots that abut the rail corridor. However, the policy also stipulates that other desirable uses, such as affordable housing, will be provided in lieu of the non-residential uses.
• Policies for built form are within Section 7 of OPA 478. As adopted, there were three character areas in OPA 478 – Character Area A, Character Area B, and Character Area C. The proposed modifications to this section include an additional Character Area D. The policies for Character Areas A and B remain unchanged.
• The policies for Character Area C are proposed to be modified. This Character Area includes the area bounded by Main Street to the west, Danforth to the north, Dawes Road to the east, and the rail corridor to the south. Tall buildings are expected in Character Area C, given that the lots in this area are large enough to accommodate that building type. The overall intent of Character Area C is unchanged; however, the policy approach to Character Area C has changed, resulting in several modifications. Previously, Character Area C had been defined by a height peak area and two transition areas. The new approach to Character Area C removes the concept of the height peak and transition areas, and defines appropriate built form with policies that provide standards for all tall buildings in Character Area C, focused on limiting the impacts of those tall buildings. For example, instead of including a transition area, the intent to provide transition is captured by requiring that new tall buildings limit physical impacts on lands designated Neighbourhoods to achieve compatibility in scale between buildings of different intensity, ensuring access to sunlight and sky view and appropriately limit shadows and overlook. This compatibility will be achieved through one or more of the following tools: angular planes, stepping of heights, and setbacks and step-backs.
• Other proposed policies that will shape the design of tall buildings in Character Area C include policies for appropriate tower setbacks, separation distances and floorplate sizes. Lastly, policies are proposed to be added that give policy recognition to the Council-adopted guidelines for both tall buildings and mid-rise buildings within Character Area C. Both guidelines cover a multitude of performance standards that will be applied, where appropriate, to any development application under review. The new policies in Character Area C are also reflective of Official Plan Amendment No. 480 ("OPA 480"), the relatively newly-approved built form policies of the Official Plan, and therefore, are generally consistent with OPA 480.
• Section 7.4 was a policy related to transit integration. This policy has now been renumbered as Section 7.5. A new section 7.4 proposes to contain policies on a proposed Character Area D. Character Area D is the portion of the Canadian Tire lands (2681-2721 Danforth Avenue) that fronts Danforth Avenue to a depth of 37.5 metres. The Canadian Tire lands comprise one of the largest parcels in the study area, capable of accommodating tall buildings. However, the lands also front Danforth Avenue, where midrise buildings are targeted, in accordance with OPA 420. Character Area D is necessary to accommodate tall building development while still maintaining the fundamental principles of OPA 420 with regard to sidewalk widths, street wall heights, and limiting shadow impacts on Danforth Avenue. The intent of Character Area D is to provide a transition between the portion of the Canadian Tire lands that is appropriate for tall buildings and the portion of the Canadian Tire lands that should appropriately reflect the intent, character, and vision established for Danforth Avenue under OPA 420.
• No modifications are proposed for Sections 7.5 (transit integration) 8 (heritage), 9 (housing) and 10 (noise, vibration and rail safety).
• A new Section 11 is proposed to be added to OPA 478. This Section includes policies related to municipal services, requiring that adequate sanitary sewers, watermains and storm sewers be available and/or secured to service the development. The Section also includes policies requiring a Master Functional Servicing Report for Character Area C, the area of the secondary plan where the majority of growth and intensification is to occur. Lastly, there are proposed policies, which speak to landowner cost-sharing for required municipal services and potential eligibility for a Development Charge credit, should a landowner upgrade services that benefit other landowners in the area.

21Ms. Song opined that these policies are acceptable and supportable as they ensure that hard infrastructure keeps pace with intensification.

• A new Section 12 has also been added to OPA 478, which includes a set of policies on implementation. Originally, OPA 478 had a policy that recognized that minor expansions to existing land uses would not require the conveyance of land for public street or public park purposes. That policy is proposed to be deleted and replaced with this new Section 12, which is clearer in its intent on land conveyances. The new Section 12 recognizes the existing uses or approved permissions on the Main Square complex and the Canadian Tire lands. The policies allow any redevelopment approved on those lands, before OPA 478 was adopted, to continue without the need to convey land for a public street or a public park or to contribute to municipal services. The policies also recognize that minor expansions to existing uses on the site are permitted without the need to convey land for public street or public park purposes or to contribute to municipal services. The policy requires the conveyance of land for public street or public park purposes, and construction of municipal services, at the time a redevelopment proposal, as contemplated by OPA 478, is brought forward and approved.
• In addition to various policy modifications, revisions to the Maps associated with OPA 478 have also been made. These revisions were necessary to reflect the proposed modifications to policy text and the Site Specific Rezoning Applications.

PLANNING OPINION

22The Tribunal heard OPA 478, as adopted, and as proposed to be modified, unlocks the development potential of the plan area and will guide the plan area's growth and intensification into a transit-oriented complete community that conforms to and is consistent with provincial plans and policies. The policies of OPA 478, as adopted, and as proposed to be modified, require that each redevelopment within the plan area contribute to the achievement of complete communities by providing residential units of various sizes, types, tenure, and affordability, as well as employment opportunities that are in proximity to higher order public transit. OPA 478, as adopted, and as proposed to be modified, provides built form policies that conserve cultural heritage resources, provide an urban structure and built form character, and require that new development gradually transition down in height from Main Street to Dawes Road. OPA 478, as adopted, and as proposed to be modified, also provides for new streets, new connections, and new parks and open spaces. Finally, OPA 478, as adopted, and as proposed to be modified, gives policy direction for community services and facilities that will also be required from new development, in order for the area to intensify and grow into a sustainable complete community.

23The Tribunal further heard, OPA 478, as proposed to be modified, has regard to the following matters of provincial interest:

• the supply, efficient use and conservation of energy and water (s.2(e));
• the orderly development of safe and healthy communities (s.2(h));
• the adequate provision of a full range of housing, including affordable housing (s.2(j));
• the adequate provision of employment opportunities (s.2(k));
• the appropriate location of growth and development (s.2(p));
• the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians (s.2(q));
• the promotion of built form that, is well-designed, encourages a sense of place, and provides for public spaces that are high quality, safe, accessible, attractive and vibrant (s.2(r)).

Provincial Policy Statement 2020 (“PPS 2020”)

24Ms. Song opined OPA 478, as proposed to be modified, is consistent with the PPS 2020 in promoting efficient development and land use patterns; accommodating an appropriate mix of land uses; integrating land use planning and growth management with transit-supportive development; and ensuring necessary infrastructure is available (Policy 1.1.1).

25The modifications support active transportation and the policies in OPA 478 are transit-supportive (Policy 1.1.3.2). The modifications also represent appropriate development standards, which will facilitate intensification, redevelopment and compact built form (Policy 1.1.3.4). The modified policies of OPA 478 also recognize the importance of major facilities and sensitive land uses, minimizing and mitigating potential adverse effects or safety concerns (Policy 1.2.6.1). The modifications provide for an appropriate mix and range of employment, institutional and broader mix of uses (Policy 1.3.1) and provide for an appropriate range and mix of housing options, including affordable housing (Policy 1.4.3).

26New public streets, public parks, public connections and POPS are incorporated in the modifications (Policy 1.5.1) and infrastructure is to be provided in an efficient manner to meet projected needs (Policy 1.6.1).

The Growth Plan for the Greater Golden Horseshoe (“Growth Plan 2020”)

27Ms. Song opined OPA 478, as proposed to be modified, conforms with the Growth Plan (2020), as amended, in supporting the achievement of complete communities that are designed to support healthy and active living, and prioritizes intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability (Policy 1.2.1).

28The guiding principles of the Growth Plan 2020, which informed the drafting of the proposed modifications, support a range and mix of housing options to service all sizes, incomes and ages of households. The proposed modifications maintain the overall objective of OPA 478, which is the creation of a complete mixed-use community that includes residential, recreational, parks and open spaces, institutional, and non-residential (employment) uses, all within a compact urban form in close proximity to existing higher order transit.

29These objectives conform with Section 2.2.1 of the Growth Plan 2020. Finally, the modifications conform with Section 2.2.4 of the Growth Plan 2020, which requires intensification to be prioritized in major transit station areas, which areas will be delineated by the municipality. The OPA 478 Plan Area benefits from proximity to two transit stations (Danforth GO and Main Street TTC Stations).

The Official Plan (“OP”)

30Ms. Song opined the proposed modifications also conform to OP policies, including the newly in-force built form policies of the OP added by OPA 480. Many of the proposed modifications to OPA 478 with regard to built form consist of a conformity exercise between OPA 478 and OPA 480, ensuring that the wording, intent and objectives in OPA 478's built form section reflected the wording, intent and objectives of OPA 480, but with a specific lens on the study area's context.

31OPA 478, as it is proposed to be modified, also conforms with Section 2.2, Policy 1 of the OP, in creating a better urban environment, competitive local economy and a more socially cohesive and equitable city through the integration and coordination of transportation planning and land use planning by attracting more people and jobs to targeted growth areas in the City that are supported by good and affordable transit services.

32The Tribunal heard that OPA 478, as proposed to be modified, for which the City seeks approval, has regard for relevant matters of provincial interest, is consistent with the PPS 2020, conforms with the Growth Plan 2020, and conforms with the OP policy.

33OPA 478 represents good planning and provides a flexible, fair and balanced evaluative framework for future development applications.

34The Tribunal further heard that each of the appellants and parties has consented to the approval by the OLT of OPA 478, as proposed to be modified.

DECISION

35In adjudicating these appeals, the Tribunal must have regard to matters of provincial interest enumerated in s. 2 of the Act (including but not limited to: the orderly development of safe and healthy communities; adequate provision of a full range of housing and appropriate location of growth and development). As well, the Tribunal must be convinced that the Revised Planning Instruments is consistent with the PPS 2020. The Tribunal must also find that the Revised Planning Instruments conforms with policies of the City’s OP and represents good land use planning in the public interest.

36The Tribunal, having reviewed all evidence provided and having heard the opinion of Ms. Song, accepts the uncontroverted expert land-use planning evidence provided by the witness.

37The Tribunal finds that the proposed planning instruments, as it will permit development to have appropriate regard for the matters of Provincial Interest. The Tribunal also finds that the OPA 478 is consistent with the PPS 2020, conforms to the Growth Plan 2020, conforms to City’s OPs, and represent good land-use planning and is in the public interest.

ORDER

38THE TRIBUNAL ORDERS that the appeals are allowed in part and in accordance with Section 17(50) of the Planning Act, R.S.O. 1990, c. P.13, as amended:

i. City of Toronto Official Plan Amendment 478 is hereby modified and approved in the form attached to this Order as Attachment "1" and the Official Plan of the City of Toronto shall be amended in accordance with Attachment "1" immediately upon the issuance of this Decision and Order; and

ii. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a by-law number Attachment "1" for record-keeping purposes.

“Carmine Tucci”

CARMINE TUCCI

MEMBER

Ontario Land Tribunal

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

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

ATTACHMENT "1"

City of Toronto By-law No. ~~-20~

AMENDMENT NO. 478 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2019 AS 2451-2763 DANFORTH AVENUE; 2494-2774 DANFORTH AVENUE; 143-315 MAIN STREET; 124-308 MAIN STREET; 2185-2225 GERRARD STREET EAST; 2192-2210 GERRARD STREET EAST; 90-76 KIMBERLY AVENUE; AND 6-30 DAWES ROAD

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

1. To amend Map 3 to extend Dawes Road generally 150 metres south of Danforth Avenue. This existing portion of Dawes Road will have a non-uniform width, to be retained as existing at the time of Plan adoption.

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

Street Name	From	To
Dawes Road (extension)	Dawes Road terminus south of Danforth Avenue	Danforth Avenue

3. Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy No. 577 for lands known municipally in 2019 as 2451-2763 Danforth Avenue; 2494-2774 Danforth Avenue; 143-315 Main; 124-308 Main Street; 2185-2225 Gerrard Street East; 2192-2210 Gerrard Street East; 90-76 Kimberly Avenue; and 6-30 Dawes Road, as follows:

4. Main Street between Danforth Avenue and Gerrard Street East, and Danforth Avenue between Main Street and Dawes Road

5. Objectives

This Site and Area Specific Policy has the following objectives:

1.1 Establish a public realm structure of streets, parks, and open spaces that create opportunities for orderly development and intensification.

1.2 Establish a complete, mixed-use, mixed-income community with an appropriate land use mix that includes a full range of housing, retail and commercial uses, employment uses, community service facilities, public parks and open spaces.

1.3 Foster employment opportunities that support a vibrant local economy.

1.4 Establish a network of public streets and mid-block connections that create a highly permeable community with connections both within and to the surrounding area to support this complete community and create opportunities for redevelopment.

1.5 Organize through the future intensification and redevelopment opportunities contemplated in this SASP the complete community to have a network of programmable public parks, and open spaces such as Privately-Owned Publicly-Accessible spaces (POPS) interspersed to provide passive and active outdoor recreational opportunities for residents, employees, and visitors.

1.6 Promote opportunities for complete streets and active and safe transportation.

1.7 Provide built form and massing in good proportion that responds to existing built heritage resources. Built form will include mid-rise buildings as well as consistent, pedestrian-scaled base buildings punctuated by appropriately spaced towers. New development will fit within its existing and planned context.

1.8 Ensure land uses and built form are compatible with, support, and appropriately limit impacts on light, view and privacy to surrounding properties and neighbourhoods.

1.9 Conserve and promote cultural heritage resources.

1.10 Create a sustainable and resilient community with a focus on higher energy efficiency, lower greenhouse gas emissions, retaining stormwater, and enhancing the quality and quantity of biodiversity.

1.11 Promote integration of new development with public transit stations.

1.12 Promote design excellence and high quality architectural and landscape design through the effective use of resources, high-quality materials, innovative, sustainable and universally accessible design for development/redevelopment, public realm improvements, and parks and open space design.

2. Public Realm

2.1 Streets and Block Network

2.1.1 New development as contemplated in this SASP will create a walkable public street, private lane and/or midblock connection network as shown generally on Map 2A (Streets and Block Plan) and Map 4 (Parks and Public Realm Plan) that will improve pedestrian permeability, provide access and addresses for new development, and provide access for emergency vehicles and other City services. The precise location and configuration of the new public street and private lanes will be determined in association with future site-specific development applications.

2.1.2 The new public street as generally shown on Map 2A (Streets and Block Plan) will have an 18.5 metre right-of-way width, inclusive of the passenger pick-up and drop off described in Sections 2.1.4 to 2.1.6 of this SASP, when the new public street is fully constructed in accordance with this SASP.

2.1.3 Future site-specific development applications will be required to convey portions of the new public street described in Section 2.1.2, as such development is approved. The new public street may be constructed in stages, provided that it can be demonstrated, to the satisfaction of the General Manager, Transportation Services and the Chief Planner, that each stage of construction of the public street is safe and functional. An interim condition may be considered to allow public frontage and access to development sites and to the rail corridor.

2.1.4 The south side of the east-west extension and/or the west side of the north-south extension of the new public street as generally shown on Map 2A (Streets and Block Plan) will provide for a passenger pick-up and drop-off area of at least 10 spaces for the dedicated use of transit riders accessing the Lakeshore East GO rail corridor.

2.1.5 The passenger pick-up and drop-off area will provide for barrier-free spaces totalling no less than 12 metres in length per space, so that such barrier-free parking space can accommodate two vehicles.

2.1.6 Where adjacent to the passenger pick-up and drop-off area, sidewalk widths shall be no less than 4.1 metres. Where adjacent to the barrier-free spaces of the passenger pick-up and drop-off area, sidewalk widths shall be no less than 2.1 metres, to accommodate access for specialized transit vehicles.

2.1.7 The north-south extension of the new public street as generally shown on Map 2A (Streets and Block Plan) will connect to the existing signalized intersection at Danforth Avenue.

2.1.8 The private lanes generally shown on Map 2A (Streets and Block Plan) will, as appropriate, provide vehicle, parking and servicing access, be publicly accessible, and should be designed with consideration for safe, accessible and comfortable pedestrian and cyclist movement.

2.1.9 Public streets will be designed with consideration for opportunities to interpret and commemorate the historic environment, including Indigenous histories related to Dawes Road, the Grand Trunk Railway yards and related industries, and Little York.

2.1.10 The existing east-west portion of Guest Avenue may be closed, and Guest Avenue extended southerly as a public lane within the 10-30 Dawes Road lands, to join the east-west extension of the new public street; in which case, the public lane will have a minimum right-of-way width of 6.4 metres (including curbs), will be conveyed to the City, and should be comfortable for pedestrian movement, safe, and publicly accessible. Additionally, if the existing east-west portion of Guest Avenue is closed and Guest Avenue extended southerly as a public lane, a woonerf walkway with a minimum width of 2.5 metres is required on the east side of the new lane within the 10-30 Dawes Road lands, which will be subject to a surface easement for public use. High quality soft landscaping and decorative pavers are encouraged on the woonerf.

2.2 Sidewalks and Midblock Connections

2.2.1 Public streets will generally have a total sidewalk width (i.e. curb to building face) of 6 metres, where a tall building is proposed, and a total sidewalk width of 4.8 metres, where a mid-rise or low-rise building is proposed.

2.2.2 Where there is a strong, legible, historic character of street-oriented buildings on or adjacent to a development site, narrower sidewalk widths than outlined in Section 2.2.1 may be considered. Minimum sidewalk widths may also be less than the required minimums where sidewalks are adjacent to properties on the Heritage Register.

2.2.3 Midblock connections, where feasible, should be comfortable for pedestrian movement, safe, and publicly accessible, improving connections to Main Street TTC Station and Danforth GO and ensuring permeability. Soft landscaping is encouraged on midblock connections.

2.2.4 Pedestrian connections to improve access to Main Street TTC Station and Danforth GO Station will be required through redevelopment.

2.2.5 The precise location and configuration of the new midblock connections, will be determined in association with future site-specific development applications.

2.3 Parks and Open Space

2.3.1 New public parks and open spaces will be located as shown on Map 4 (Parks and Public Realm Plan). In particular:

a) a larger central public park will be located within the area outlined on Map 4 (Parks and Public Realm Plan), and more particularly, in the block bounded by the proposed North-South extension of Dawes Road, the proposed East-West extension of Dawes Road, Guest Avenue, as may be extended in accordance with policy 2.1.10, and Danforth Avenue. The larger central public park will have frontage on a public street, and will be a focal point for the new community. It will provide opportunities for a mix of active and passive programming and promote social gathering; and

b) another public park will have frontage on Danforth Avenue and will act as a mid-block connection from Danforth Avenue to Stephenson Park, as well as the neighbourhoods to the south.

2.3.2 The precise size, location and configuration of new public parks and open spaces will be determined through the development review process.

2.3.3 Assembling parkland dedications and parkland conveyances from more than one development will contribute to the creation of public parks. Parkland dedications and conveyances may be secured through landowner agreements, in conjunction with the City.

2.3.4 The location and design of public parks will be guided by the following objectives:

a) have a functional size, shape and appropriate public street frontage to provide the greatest possible benefit to safety and visibility for those accessing the park or nearby POPS, and be seamlessly integrated and connected to the broader public realm;

b) be developed as a focal point in the community, providing easy access for surrounding residents, workers and visitors;

c) fit harmoniously within the planned built form context of each of the three Character Areas, allowing for relief between existing and new buildings;

d) create a seamless relationship between streets, parks and other elements of the public realm;

e) contribute to a pedestrian network that offers multiple mobility choices through mid-block connections linking various elements of the public realm;

f) where possible, provide opportunities for expansion when adjacent properties redevelop;

g) create spaces that provide visual interest and achieve design excellence;

h) encourage public life through pedestrian amenities that foster social interaction, including a range of seating options, landscaping, active uses at grade and programming;

i) provide site-specific place-making opportunities through public art, heritage interpretation and cultural expression, including celebrating Indigenous histories;

j) support a community-based planning and design process for creating interesting and engaging parks that are safe, accessible, and comfortable;

k) accommodate people of all ages and abilities year-round;

l) include green infrastructure that enhances the ecological function of the public realm, supports storm water management and promotes biodiversity, in accordance with best practices and standards;

m) be designed and built with high-quality and durable materials that can be maintained and that support the intensity of use by residents, workers and visitors; and

n) be designed for thermal comfort through maximizing sunlight access and minimizing wind impacts to improve usability, enjoyment and opportunities for vegetation growth.

2.3.5 Parkland provision will be considered in the following order of priority:

a) on-site dedication;

b) off-site dedication;

c) cash-in-lieu of parkland.

2.3.6 Where, as part of a development, an on-site parkland dedication is determined to not be technically feasible or desirable by the City, an off-site parkland dedication that is in the vicinity of the development site, or that contributes to the Parks and Public Realm Plan shown in Map 4 (Parks and Public Realm Plan), may be substituted for an on-site dedication prior to the consideration of cash-in-lieu of land, at the City’s discretion.

2.3.7 Where parkland contributions are unable to provide for the new public parks as generally identified in Section 2.3.1 and on Map 4 (Parks and Public Realm Plan), alternative locations and configurations for public parkland may be considered, provided the alternative location and/or configuration meets Section 2.3.4 of this SASP.

2.3.8 Additional public parks and open spaces may be added to the network conceptually illustrated on Map 4 (Parks and Public Realm Plan), without amendment to this SASP, as opportunities arise.

2.3.9 Development abutting public parks will:

a) achieve the required Ontario Building Code setbacks related to fire separation in order to allow the building and any of its exterior amenities to be provided and maintained on the development site;

b) provide an appropriate interface between public and private lands;

c) be oriented to maximize public access and views to the park;

d) be designed to have an attractive façade with animated uses at grade;

e) provide for casual overlook, increasing the passive surveillance and safety of the park;

f) be located and designed to ensure wind conditions in parks are suitable for comfortable sitting and standing;

g) be located and designed to minimize shadowing on parks; and

h) avoid locating loading and servicing areas abutting parks; and where avoidance is not possible, loading and servicing areas abutting parks will be visually screened from the park.

2.4 Potential New Privately Owned, Publicly-Accessible Spaces (POPS)

2.4.1 Potential New POPS are strongly encouraged as part of new development. POPS should be strategically located in Character Area C as conceptually illustrated on Map 4 (Parks and Public Realm Plan). POPS provided through development will increase the variety of publicly-accessible spaces with a range of uses and amenities for the enjoyment of all users, and provide transitions between buildings and the public realm. POPS do not replace the need for new public parks.

2.4.2 The open space proposed to be adjacent to the rail corridor will be in keeping with all rail safety guidelines. This open space will provide unrestricted access to the general public and be a high quality, sustainable, attractive, and safe space. Its design should engage with the Lakeshore GO East rail corridor and protect for pedestrian connections to the rail corridor, to the satisfaction of the City in consultation with Metrolinx.

2.4.3 POPS will be guided by City's Design Guidelines for Privately-Owned, Publicly-Accessible Spaces (POPS).

3. Community Services and Facilities

3.1 New and/or improved community facilities will be required in order to achieve the amount and range of community services and facilities necessary to serve future growth as a result of greater intensification near higher order public transit.

3.2 Community services and facilities will be:

a) located in highly visible and accessible locations, on public streets with strong pedestrian, cycling and transit connections;

b) designed in a manner that promotes flexible multi-purpose facilities that can be adjusted to meet the varied and evolving needs of the complete community; and

c) delivered in a timely manner to support residential and non-residential growth.

3.3 Innovative approaches to providing community services and facilities will be encouraged, including shared uses and integrating facilities within private developments that maintain public accessibility.

3.4 Development that is phased will include required facilities as part of the first phase of development.

3.5 Community services and facilities priorities for the area governed by this SASP are listed below:

a) capital improvements to and/or the replacement of area libraries and community recreation centres, in particular those that would contribute to achieving increased or improved programming space;

b) securing space within developments for non-profit community-based organizations that are eligible for the City's Community Space Tenancy Policy; and

c) child care spaces.

Priorities may change or be expanded based upon monitoring and review of needs and demand as the area develops and/or changes.

3.6 Development will replace the total gross floor area of any existing on-site community services and facilities to ensure no net loss of community space. The replacement of any existing community services and facilities off-site will be at the City's discretion.

4. Sustainability and Resilience

4.1 New development will be strongly encouraged to achieve the highest level of the Toronto Green Standard, including achievement of near zero emissions and retention of 100% of rainfall and snowmelt.

4.2 Development will be encouraged to:

a) incorporate low-carbon/renewable thermal energy technologies such as geo-exchange and solar thermal systems, as well as heat recovery from sources such as sewers, data centres, and industry to reduce greenhouse gas emissions;

b) develop or incorporate connections to an existing or planned thermal energy network (district energy system);

c) integrate on-site renewable energy and electricity production to reduce electricity demand;

d) provide backup power for resilience to area-wide power outages informed by guidelines developed by the City; and

e) limit the loss of embodied energy and emissions contained within the existing building stock.

4.3 Owners of existing apartment buildings will be encouraged to renovate and retrofit older apartment buildings in order to reduce energy use and greenhouse gas emissions, absorb more stormwater, reduce urban heat island impacts and improve resilience, especially when proposing new infill development on their lands.

5. Parking and Loading

5.1 The following are encouraged to reduce parking demand:

a) car-share facilities; and

b) shared parking among uses that have different peaking characteristics.

5.2 Parking facilities may be provided on the ground floor only if enclosed by active uses that face the public realm.

5.3 Above-grade parking structures may also be permitted in the base of buildings above the ground floor for development that abuts the rail corridor.

5.4 Developments adjacent to each other are encouraged to share consolidated access points from the public street or public laneways for parking and loading. Parking and loading entry areas will be designed to be integrated with the overall design of the façade.

6. Land Use

6.1 Non-residential uses that provide for employment opportunities are required in Employment Priority Areas, as shown on Map 3 (Employment Priority Area). Tall buildings within the Employment Priority Area must provide non-residential uses generally on the first and second floors, and are also encouraged to provide such uses on higher floors. Non-residential uses can include: office, commercial, community services and facilities, creative industry (e.g. music, arts, "makerspaces"), medical, tourism, cultural, institutional, studio, service, civic uses, and other uses to be determined through a site-specific Zoning By-law Amendment process. Uses required for the functionality of the building, such as elevators, lobbies, loading areas and parking ramps are also permitted on non-residential floors.

6.2 Active uses will be located along the ground floor of development with frontages along public streets, public parks, and privately owned, publicly-accessible open spaces. Active uses include, but are not limited to: retail uses, restaurants, commercial uses that service the local residents and workers, recreational and arts facilities, institutional uses, and building lobbies.

6.3 The amount, type and location of required non-residential uses for properties that abut the rail corridor will be determined through the rezoning process, having regard to rail safety and mitigation requirements and the limitations that may result for remaining areas within the base building. Where the non-residential uses required by Section 6.1 are not feasible, as a result of rail safety mitigation requirements, an amount of space, to be determined through the rezoning process, will be dedicated to other uses such as affordable housing, provided such uses conform with the policies of Section 10 of this SASP.

7. Built Form

7.1 Character Area A

7.1.1 Development in Character Area A, as shown on Map 5 (Mixed Use Character Areas Plan), will conform to those policies set out in Site and Area Specific Policy 552.

7.2 Character Area B

7.2.1 Development in Character Area B, as shown on Map 5 (Mixed Use Character Areas Plan), may be low-rise or mid-rise. The maximum building height will generally be no taller than the width of the adjacent right-of-way with appropriate transition to adjacent properties designated Neighbourhoods.

7.2.2 New and modified mid-rise buildings in Character Area B will employ setbacks, stepbacks, and angular planes in order to limit impacts on light, view and privacy to adjacent properties designated Neighbourhoods.

7.2.3 Mid-rise building design will have regard for the City of Toronto Council adopted Avenues and Mid-rise Building Study.

7.3 Character Area C

7.3.1 A planned function of Character Area C is to accommodate transit-supportive development. New development in Character Area C, as identified on Map 5 (Mixed Use Character Areas Plan), will include new tall buildings in slender towers with compact floor plates and new mid-rise buildings, where appropriate.

7.3.2 New tall buildings will:

a) appropriately limit physical impacts on lands designated Neighbourhoods in order to achieve compatibility in scale between buildings of different intensity, ensure appropriate access to sunlight and sky view, and appropriately limit shadows and overlook. This can be achieved using a variety of measures – individually or in different combinations – including, but not limited to, angular planes, stepping of heights, location and orientation of the building(s), the use of setbacks and step-backs of building mass, and separation distances;

b) have a tower floor plate no larger than 750 square metres unless it can be demonstrated that the impact of a larger floor plate (sunlight/shadow, transition, sky view and wind) can be appropriately mitigated;

c) appropriately limit shadow impacts on properties designated Neighbourhoods and new and existing public parks and open spaces, as well as appropriately limit shadow impacts on the sidewalk on the north side of Danforth Avenue;

d) provide appropriate tower setbacks from side and rear lot lines; and

e) provide appropriate separation between towers.

7.3.3 Mid-rise buildings located in Character Area C should provide appropriate transition to properties designated Neighbourhoods.

7.3.4 Tall and mid-rise buildings must meet the noise, vibration and rail safety standards in Sections 10.1, 10.2 and 10.3 of this SASP.

7.3.5 Mid-rise building design will have regard for the City of Toronto Council-adopted Avenues and Mid-Rise Building Study.

7.3.6 Tall building design will have regard for the City of Toronto Council-adopted Tall Building Design Guidelines.

7.4 Character Area D

7.4.1 Character Area D is illustrated on Map 5 (Mixed Use Character Areas Plan), and has a depth of 37.5 metres.

7.4.2 New development in Character Area D will not be subject to the policies of SASP 552, except that new development in Character Area D will have regard for the Danforth Avenue Urban Design Guidelines, and shall:

a) define appropriate streetwall heights through the use of stepbacks between a height of 8 metres to a maximum height of 14 metres, which will apply to the building façade on Danforth Avenue; and

b) accommodate sidewalk widths of a minimum of 4.8 metres from the face of the building to the street curb.

7.4.3 Where it can be demonstrated that lots in Character Area D have sufficient width, depth, and appropriate access for parking and servicing, building height above 14 metres may be considered by way of a Zoning By-law Amendment, provided that such development fits under a 45 degree angular plane, taken from the curb of the sidewalk on the north side of Danforth Avenue.

7.5 Transit Integration

7.5.1 Development adjacent to public transit is encouraged to integrate with public transit stations, such as Main Street TTC Station and Danforth GO Station. This integration should improve visibility, accessibility, and make efficient use of both private and public lands for the benefit of residents, workers, and visitors.

8. Heritage

8.1 A Heritage Impact Assessment will be submitted to the satisfaction of the City for any development proposed on or adjacent to those properties identified as potential built heritage resources on Map 6 (Potential Built Heritage Resources).

8.2 Properties on the Heritage Register, or properties adjacent to a property on the Heritage Register, will require additional consideration and alternate design solutions which may include additional setbacks, stepbacks and stepping down on building heights over and above the minimum site and urban design standards, and specialized material articulation and treatments.

9. Housing

9.1 New residential development will provide a diverse range and mix of housing options, including seniors housing and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes.

9.2 To achieve a balanced mix of unit types, and to support the creation of housing suitable for families, development containing more than 80 new residential units will include:

a) a minimum of 10 per cent of the total number of units as three-bedrooms units; and

b) a minimum of 25 per cent of the total number of units as units with at least 2 bedrooms.

9.3 Indoor and outdoor amenity spaces provided in development containing residential uses are encouraged to be suitable for a range of households, including families with children and pet owners.

10. Noise, Vibration and Rail Safety

10.1 Noise and vibration studies submitted in support of development will specifically review the noise and vibration that will be reflected from the rail corridor to the properties surrounding the tracks as a result of the redevelopment of any new building to the tracks. The noise and vibration study will recommend mitigation measures for noise reflection and be implemented though the development by the owner.

10.2 New development adjacent to rail lines, spurs and yards must provide appropriate mitigation and safety features to implement the Federation of Canadian Municipalities (FCM) and the Railway Association of Canada (RAC) Guidelines for New Development in Proximity to Railway Operations.

10.3 New development adjacent to rail lines, spurs and yards must prepare a rail safety report that will be circulated to Metrolinx (or the appropriate rail authority) and reviewed to ensure that the proposed safety measures meet applicable rail safety standards.

11. Servicing

11.1 No proposed development shall proceed unless roads, sanitary sewers, watermains and storm sewers, adequate to service that development, are available or can be secured.

11.2 New development within Character Area C may be required to provide and pay for new infrastructure or improvements to existing infrastructure (including roads, sanitary and storm sewers, and watermains). Infrastructure requirements, construction, phasing, funding and methods of securing the infrastructure will be addressed as part of the approval of site-specific development applications. A cost-sharing agreement, front-ending agreement, Development Charge credits, or other similar mechanism(s) may be relied upon to finance any new infrastructure or improvements to existing infrastructure. Any Development Charge credit(s) will equal the cost of the improvements that are in excess of the improvements necessitated by and attributable to the development(s)/redevelopment(s), but not to exceed the applicable Development Charge Component, being one or more of Roads, Water, Sanitary Sewer and/or Storm Water Management, as the case may be; provided that the City and the landowner(s) have entered into a prior written agreement in relation to the Development Charge credit, in accordance with the City of Toronto Municipal Code Section 415-9(A).

11.3 New development will be required to assess and appropriately implement stormwater management on its site.

11.4 Despite Section 11.3, in Character Area C, opportunities may be investigated during the design and construction of the new public street, and POPS to incorporate facilities to manage stormwater, and to divert it from the City's storm sewers, where feasible.

11.5 Prior to development in Character Area C, a Master Functional Servicing Report will be required to be prepared by one or more applicant(s) for zoning by-law amendment or site plan approval within Character Area C, to the satisfaction of the City, which will identify any existing and new municipal infrastructure (including upsizing) required to support development(s) and/or redevelopment(s) proposed by such applicants in Character Area C, along with the municipal servicing impacts to the SASP area, and where applicable, for both interim and ultimate scenarios, including analyses of the sanitary/combined, storm and watermain networks. The Master Functional Servicing Report may, as appropriate, be updated over time as new developments and/or redevelopments are proposed within Character Area C. The Master Functional Servicing Report, as updated from time to time, may, and if requested by the City, will include an implementation strategy that identifies the required timing for upgrades, and/or a strategy for fair and equitable cost-sharing between the applicant(s) and, where appropriate, the City.

12. Implementation

12.1 For the purposes of Sections 2.1.1, 2.1.2, 2.1.3, 2.3.1 and 2.3.2 and 11 of this SASP, the existing land use permissions under site specific by-law 249-2000, respecting the lands known municipally in the year 2020 as 2681, 2701, 2721 and part of 2575 Danforth Avenue, and site specific by-law 161-2006, respecting the lands known municipally in the year 2020 as 245-275 Main Street, 2553-2575 and 2625 Danforth Avenue, will continue for the lands regulated by those by-laws. Further development or re-development in accordance with such by-laws will not be required to convey land for public street or public park purposes or to contribute to municipal infrastructure to support redevelopment in accordance with this SASP.

12.2 Notwithstanding Sections 2.1.1, 2.1.2, 2.1.3, 2.3.1 and 2.3.2 and 11 of this SASP, minor expansions beyond existing land use permissions, provided for in by-laws 249-2000 and 161-2006, are permitted to the existing retail and service uses on the lands known municipally in the year 2020 as 2681, 2701, 2721 and part of 2575 Danforth Avenue, and to the existing mixed-use buildings on the lands known municipally in the year 2020 as 245-275 Main Street and 2553-2575 and 2625 Danforth Avenue, without the need to convey land for public street or public park purposes or to contribute to municipal infrastructure to support redevelopment in accordance with this SASP.

12.3 Despite Sections 12.1 and 12.2, the conveyance of land for public street and public park purposes shall not be required from the lands known municipally in the year 2020 as 2681, 2701, 2721 and part of 2575 Danforth Avenue until such time as site-specific application(s) for redevelopment of those lands, other than the redevelopment described in Sections 12.1 and 12.2, are made to redevelop the existing retail and service uses for mixed or single-use mid- or high-rise uses, as contemplated in this SASP.

12.4 To ensure that the value of the conveyance of lands for the north-south portion of the new public street, described in Section 2.1.2 and shown on Map 2A (Streets and Blocks Plan), is equitably shared among the landowners of the lands known municipally in the year 2020 as 2681, 2701 and part of 2575 Danforth Avenue; and 245-275 Main Street, 2553-2575 and 2625 Danforth Avenue; where one landowner is required to convey proportionally more lands than another landowner the value of the dedication will be compensated through cost-sharing or other agreements between the landowners.