3C Lakeshore Inc. v. Toronto (City), 2022 CanLII 56245

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

June 22, 2022

CASE NO(S).:

OLT-22-002339

PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

3C Lakeshore Inc.

Subject:

Proposed Plan of Subdivision – Failure of the City of Toronto to make a decision

Purpose:

To permit a 7-block mixed-use development with commercial and residential

Property Address/Description:

324 Cherry Street and 429 Lake Shore Boulevard East

Municipality:

City of Toronto

Municipal File No.:

16 271924 STE 28 SB

OLT Case No.:

OLT-22-002339

Legacy Case No.:

PL171414

OLT File No.:

OLT-22-002339

Legacy File No.:

PL171414

OLT Case Name:

3C Lakeshore Inc. v. Toronto (City)

Case Name: 3C Lakeshore Inc. v. Toronto (City)

BEFORE:

S. VINCENT

Wednesday, the 22^nd

ASSOCIATE CHAIR

day of June, 2022

WHEREAS in June 2016, the Ontario Land Tribunal (formerly the Ontario Municipal Board and Local Planning Appeal Tribunal) (“Tribunal”) approved amendments to the Central Waterfront Secondary Plan with respect to the Keating Channel Precinct and a site-specific zoning by-law for the lands municipally known as 324 Cherry Street and 429 Lake Shore Boulevard East, in the City of Toronto (“Subject Site”) to allow for commercial and residential uses on the Subject Site and, in December 22, 2017, the Final Order in respect of which was ultimately issued by the Tribunal;

WHEREAS 3C Lakeshore Inc. (“Applicant”) made an application for a draft plan of subdivision (City File No. 16 271924 STE 28 SB) on December 30, 2016 and proposed to subdivide the Subject Site into seven blocks consisting of five development blocks and two park blocks along the waterfront as well as the creation of four new public streets (“Draft Plan of Subdivision”);

WHEREAS on November 29, 2017, the Applicant appealed the Draft Plan of Subdivision application to the Tribunal based on the City’s failure to make a decision within the timeframe prescribed by the Planning Act (“Appeal”);

WHEREAS at its meeting on June 26, 27, 28 and 29, 2018, City Council considered a Request for Direction Report on the Draft Plan of Subdivision and adopted City staff recommendations to not approve the application and authorized the City Solicitor to oppose the Appeal at the Tribunal;

WHEREAS a number of pre-hearing and case management conferences have taken place, at which the parties and issues were identified and the hearing of the Appeal was proposed to be phased;

WHEREAS the parties engaged in Tribunal-assisted mediation and without prejudice discussions in an effort to narrow and resolve issues in advance of the hearing;

WHEREAS following numerous revisions to the Draft Plan of Subdivision submitted to the City including in February 2018, July 2019, June 2020, April 2021 and July 2021 to address comments received from various City departments and agencies and Waterfront Toronto, and in the latest resubmission in July 2021 a revised draft plan of subdivision consisting of six development blocks, two park blocks and four new public streets was proposed (“Revised Draft Plan of Subdivision”);

AND THE TRIBUNAL having received the uncontested evidence of Andrew Ferancik in support of the approval of the Revised Draft Plan of Subdivision and the Conditions, save and except for certain portions of Conditions No. 19, 24 and 25;

AND THE TRIBUNAL having now received and reviewed the sworn affidavit of Andrew Ferancik, dated May 27, 2022 advising that the aforementioned excepted Conditions have now been resolved thereby revising the Conditions to read in full, as attached as Attachment 1 to this Order, thereby replacing Attachment 2 to the Tribunal’s Order dated October 14, 2021;

AND WHEREAS THE TRIBUNAL finds that approving the revised Conditions to be imposed, is reasonable, and is consistent with the Provincial Policy Statement, 2020, conforms to the Growth Plan, 2019 and the City of Toronto Official Plan, specifically the Central Waterfront Secondary Plan, and has regard for the criteria set out under subsection 51(24) of the Planning Act;

THE TRIBUNAL ORDERS THAT in accordance with subsection 51(56) of the Planning Act and on the consent of the parties:

1The Appeal is allowed in part, and:

1. The Conditions appended to this Order as Attachment 1 are hereby approved and replace the Conditions attached to the Order of the Tribunal dated October 14, 2021, to reflect the inclusion of conditions 19, 24 and 25

2Pursuant to subsection 51(56.1) of the Planning Act, final approval of the plan of subdivision for Phase 1 is referred to the City.

AND THE TRIBUNAL ORDERS that it may be spoken to in the event that any issues should arise in connection with the implementation of this Order.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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

PL171414

DRAFT PLAN OF SUBDIVISION CONDITIONS

Interpretation

The plan of subdivision may proceed in a phased manner as per the following:

Phase 1: Block 1

Phase 2: Block 3, Block 9, Block 10, Block 11, Block 13, Block 14 and Block 7 (if acquired by the owner from the City)

Phase 3A: Block 2, Block 8, Block 6 and Block 12

Phase 3B: Block 5 and Block 4

Legal

1. The Owner shall enter into the City's standard Subdivision Agreement and satisfy all pre-registration conditions contained therein. The Subdivision may be registered in a phased manner.

City Planning

2. The Official Plan and Zoning By-law permissions to permit the development shall be in full force and effect.

3. The approval of this Plan of Subdivision will lapse and become null and void if the Plan of Subdivision is not fully registered within 7 years of the date of draft plan approval.

4. The Owner shall, at a minimum, construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council, as amended.

5. The Owner agrees to implement all pedestrian wind mitigation measures recommended in the Pedestrian Wind Assessment Report for each site plan approval within the subject lands, to be submitted and reviewed to the satisfaction of the Chief Planner and Executive Director, City Planning.

6. The Owner agrees to implement all noise mitigation measures recommended in the Noise Impact Report for each site plan approval within the subject lands, to be submitted and reviewed to the satisfaction of the Chief Planner and Executive Director, City Planning.

7. A public art strategy shall be provided to the satisfaction of the Chief Planner, Executive Director, City Planning.

8. No Site Plan Control application for a building or structure shall be approved prior to registration of the applicable phase of the draft plan of subdivision, with the exception of Phase 1 which may proceed as a Site Plan Control application prior to the registration of Phase 1.

9. The Owner shall provide the Director of Community Planning, Toronto and East York District, confirmation of payment of outstanding taxes to the satisfaction of Revenue Services Division, Finance Department, City of Toronto (statement of account or Tax Clearance Certificate) and that there are no outstanding City initiated assessment or tax appeals made pursuant to section 40 of the Assessment Act or the provisions of the City of Toronto Act, 2006.

Engineering and Construction Services

Conveyances

10. The Owner shall convey to the City, at no cost to the City, the following:

(a) Subject to Condition 19, prior to the issuance of any first above grade building permit associated with Phase 2 (Blocks 1 and 3 and Block 7, if acquired by the Owner), the conveyance of Block 10 and Block 11 (future Queens Quay East), (land only) for the Queens Quay East extension east and west of New Cherry Street with a minimum of 38.0 metre right-of-way.

(b) Prior to the issuance of first above grade building permit associated with Phase 2 (Blocks 1 and 3), the conveyance of New Cherry Street (Block 13) to the City.

(c) Prior to issuance of any first above grade building permit associated with Phase 2, the conveyance of Block 9 for Trinity Street North extending between Lake Shore Boulevard East and Queens Quay East extension.

(d) Prior to the issuance of any first above grade building permit associated with Phase 3 (Block 2 and Block 4), conveyance and construction of, to base course asphalt, Block 8 for Trinity Street South, extending between Block 10 (Queens Quay East) and Block 6, or arrangements satisfactory to the City for the construction of Trinity Street South and/or required infrastructure (Block 8).

(e) Prior to the issuance of any first above grade building permit associated with Phase 3 (Block 2 and 4) conveyance of and construction of, to base course asphalt, Block 12 for Promenade Road between Trinity Street South (Block 8) and New Cherry Street (Block 13).

11. Prior to registration of Phase 1 (west portion of Block 1), the owner shall prepare all documents and convey to the City the "F.G. Gardiner Maintenance Easement", and subject to rights of support in any below grade structure(s) beneath the easement lands, all to the satisfaction of the General Manager, Transportation Services.

12. Prior to registration of the applicable Phase, the Owner shall convey all necessary easements (internal and external) to the City.

13. Prior to registration of each Phase, the Owner shall prepare all documents and pay all costs as necessary to convey lands in fee simple and easement interests to the City for nominal consideration, such lands to be free and clear of all physical and title encumbrances to the satisfaction of the Chief Engineer & Executive Director, Engineering & Construction Services in consultation with the City Solicitor.

Stormwater Management

14. Apply stormwater management techniques in each Phase of the development of this Subdivision to the satisfaction of the Chief Engineer & Executive Director, Engineering & Construction Services.

Municipal Infrastructure

15. Undertake an environmental site assessment for lands to be conveyed to the City in accordance with the terms and conditions of the City's standard Subdivision Agreement including payment for a peer reviewer and the submission of a Record of Site Condition (RSC) or Risk Assessment (RA).

16. Pay engineering and inspection fees in accordance with the terms and conditions of the standard subdivision agreement.

(a) Subject to Condition 19, should the Owner elect to complete the construction of the required municipal infrastructure for Block 10 (Queens Quay East extension, west of New Cherry Street, to Trinity Street) to service the development, the owner shall submit financial security, prior to the registration of Phase 2. Any applicable financial security will be based on the detailed design drawings for Queens Quay East prepared by Waterfront Toronto and approved by the City.

(b) Subject to Condition 19, should the Owner elect to complete the construction of the required municipal infrastructure for Block 11 (Queens Quay East extension, east of New Cherry Street) to service the development, the owner shall submit financial security, prior to the registration of Phase 2. If the City or Waterfront Toronto has not advanced the detailed design drawings for the Queens Quay East extension, east of New Cherry Street, any applicable financial security will be based on the costing formula provided in the approved detailed design drawings for Queens Quay East (west of New Cherry Street, to Trinity Street) as prepared by Waterfront Toronto and approved by the City.

(c) Submit financial security in accordance with the terms of the standard subdivision agreement, for Block 8 and Block 12 (Trinity Street South extending between the Queens Quay East extension and Block 6, and Promenade Road extending between New Cherry Street and Trinity Street South) prior to the registration of Phase 3.

(d) Submit financial security in accordance with the terms of the standard subdivision agreement for Block 9 (Trinity Street north of Queens Quay East) prior to the registration of Phase 2.

18. Pay for and construct all municipal infrastructure required to service the Plan of Subdivision in accordance with the following:

(a) Subject to Condition 19, prior to the issuance of any first above grade building permit associated with Phase 2 (Blocks 1, 3 and if acquired by the Owner, Block 7), the Owner will construct all required municipal infrastructure to service Blocks 1, 3 and, if acquired by the Owner, Block 7, save and except for any services to be located within both the Queens Quay East and New Cherry Street right-of-ways which will be constructed by Waterfront Toronto or the City of Toronto.

(b) Prior to the issuance of any first above grade building permit associated with Phase 2 (Blocks 1, 3 and, if acquired by the Owner, Block 7), the interim servicing for Phase 1 (west portion of Block 1) is to be fully decommissioned and the ultimate servicing for the Phase 1 (west portion of Block 1) is to be constructed, such decommissioning to be carried out such that the required level of service is provided and maintained at all times.

(c) Prior to the issuance of any first above grade building permit associated with Phase 3 (Block 2 and Block 4), construct all internal and external municipal infrastructure required to service Blocks 2 and 4.

(d) Prior to the issuance of any first above grade building permit associated with Phase 3 (Block 2 and Block 4), any interim servicing for Phase 2 is to be fully decommissioned, such decommissioning to be carried out such that the required level of service is provided and maintained at all times.

19. If Waterfront Toronto or the City has not commenced construction of the Queens Quay East extension, east or west of New Cherry Street within 3 years of the Tribunal’s final approval of the Draft Plan of Subdivision, the Owner may elect to construct all required municipal infrastructure within the Queens Quay East extension (Blocks 10 and 11) required to service the development, in accordance with the 30% detailed design drawings (or 100% detailed design drawings, if available) prepared by Waterfront Toronto and approved by the City. Should the Owner so elect to complete the construction of the required municipal infrastructure, the Owner will agree to retain the design consultants used by Waterfront Toronto and/or the City of Toronto with respect to this infrastructure project, and to submit the design drawings to the City for their approval. The Owner shall be satisfied, at its sole discretion that the necessary funding to construct the Queens Quay East extension (Blocks 10 and 11) and required infrastructure is available which may include, Development Charge Credits, prior to its election to commence this construction.

20. For any proposed building on Blocks that will encroach on the Watermain Easement, it will be a requirement of any Site Plan Application that the owner submit, to the satisfaction of the City, a Geotechnical Study from a geotechnical engineering consultant that considers the potential impacts of the proposed development on the existing 2100mm transmission watermain (the "Transmission Watermain") and confirms that the proposed building(s) and/or structure(s) will not create any adverse impact on the operation of the Transmission Watermain. At a minimum, such Geotechnical Study must include:

(a) an assessment of site conditions (including findings from site investigations);

(b) a structural analysis that considers all potential impacts on the Transmission Watermain;

(c) guidelines to inform the design of the buildings (e.g., maximum depth of buildings, drilled or driven foundations, zones of influence and any other factors) that will minimize the potential for any impacts to the Transmission Watermain;

(d) site monitoring and inspection recommendations to ensure that the recommended guidelines (para (c)) and City bylaws (i.e., vibration levels) are adhered to; and

(e) a Reporting Plan including real-time alerts and actionable trigger levels related to site monitoring (para (d)). The Reporting Plan must also include a template of a recommended weekly summary report to be provided to the City to outline all construction monitoring and inspection findings, and all required reporting must be conducted and provided by an independent geotechnical consultant.

All geotechnical studies/reports must be completed to the satisfaction of the City. The City reserves the right to conduct a peer review, the cost of which shall be borne by the Owner, on any or all of the geotechnical studies/reports.

21. No permanent structures will be constructed that encroach on the Transmission Watermain easement within a 7.0 m radius of 'Shaft 4', as shown on the draft Reference Plan. The 7.0 m radius will be determined from the centre-point of the ground-level access cover.

22. In order to reflect the proposed building and other development related encroachments, and associated restrictions thereto, the Owner shall update to the satisfaction of the City the description of the existing easement for the Transmission Watermain that runs through the Subdivision Lands

23. The Site Plan Agreements for each building within the Subdivision Lands will include appropriate clauses requiring warnings to be provided to future residents/purchasers that future repairs to the Transmission Watermain may cause disruptions to their daily lives, including noise and road restrictions, during the course of such repairs

24. Deleted

25. Pay all costs associated with the construction of the proposed new streets, exclusive of New Cherry Street (Block 13) and Queens Quay East (Blocks 10 and 11) and the cost of any alterations required to existing streets which may be phased in accordance with the phasing plan.

26. Pay all costs related to the installation of pavement markings and signage associated with modifications to existing pavement markings and signage associated with the future Queens Quay East (Blocks 10 and 11).

27. Prior to any registration of any phase of the Plan of Subdivision, the Owner shall submit to the Chief Engineer & Executive Director, Engineering & Construction Services, for review and acceptance a final detailed Infrastructure Phasing Plan outlining the necessary infrastructure required to service all phases of the lands.

28. Identify in the Subdivision Agreement the triggers and timing of the construction, conveyance, dedication and assumption by the City, of the proposed public highways, generally in accordance with the approved Phasing Plan.

29. Prior to registration of Phase 2, provide documentation to demonstrate that the appropriate agreements exist over the adjacent properties to facilitate the construction of the portion of Trinity Street north of Queens Quay East (Block 9) including its respective infrastructure within each phase of the development, where required.

30. Prior to registration of Phase 3, provide documentation to demonstrate that the appropriate agreements exist over the adjacent properties to facilitate the construction of the portion Trinity Street south of Queens Quay East (Block 8) including its respective infrastructure within each phase of the development, where required.

31. Prior to the earlier of the registration of the Plan of Subdivision or the Release for Construction of Services for the applicable Phase, submit detailed engineering drawings and reports, including updated functional servicing and stormwater management reports (except for Phase 1, west portion of Block 1), for each phase of the subdivision for review and acceptance, all to the satisfaction of the Chief Engineer & Executive Director, Engineering & Construction Services. The detailed engineering drawings and reports shall reflect the approved detailed design drawings for Queens Quay East extension, or, if available, the as-built drawings. The detailed engineering drawings and reports shall reflect the approved detailed design drawings for New Cherry or, if available, the as-built drawings.

32. Submit individual Traffic Operations Assessments, for the review and approval of the General Manager, Transportation Services, in conjunction with the submission of future site plan applications for each applicable Phase, and implement and pay all costs for any required mitigating measures resulting from the review of the Traffic Operations Assessments.

33. Prior to the earlier of Release for Construction Services or registration of the Plan of Subdivision, the Owner shall submit to the Chief Engineer & Executive Director, Engineering & Construction Services for review and acceptance, a plan or plans, for each phase, showing:

(a) For Phase 2, cross-sections of all roads within Phase 2 of the Plan of Subdivision, excluding New Cherry Street and Queens Quay East (if not constructed by the Owner), and incorporating the approved pavement widths and other infrastructure elements, and including the proposed connections with, and any improvements to, the existing streets within and surrounding the site;

(b) For Phase 2, the proposed pavement marking and signage for all new roads, including any modifications required to the pavement markings and signs on existing roads, within Phase 2 of the Plan of Subdivision;

(c) For Phase 3, cross-sections of all roads within Phase 3 of the Plan of Subdivision, excluding New Cherry Street, incorporating the approved pavement widths and other infrastructure elements, and including the proposed connections with, and any improvements to, the existing streets within and surrounding the site, and

(d) For Phase 3, the proposed pavement marking and signage for all new roads, including any modifications required to the pavement markings and signs on existing roads, within Phase 3 of the Plan of Subdivision;

34. Prior to the earlier of the registration of the Plan of Subdivision or the Release for Construction of Services for any Phase, submit to the Chief Engineer & Executive Director, Engineering & Construction Services:

(a) Regarding Toronto Hydro-Electric System Limited (distribution group):

(i) A copy of the "offer to connect" (OTC).

(ii) Written confirmation that financial securities have been posted.

(iii) Written confirmation that satisfactory arrangements have been made.

(b) Regarding Toronto Hydro Energy (streetlight group):

(i) A cost estimate of the construction/installation of streetlights, and the hydro inspection fee.

(ii) Financial Security in the amount of 130% of the streetlight cost estimate and inspection fee.

(iii) A copy of written confirmation from Toronto Hydro Energy that satisfactory arrangements have been made.

35. The owner shall enter into a license agreement for the public use of the Martin Goodman Trail on the owner's land to the satisfaction of the Executive Director, Corporate Real Estate Management.

Toronto and Region Conservation Authority

36. Prior to the issuance of any building permit and prior to site grading or servicing on the property for any Phase thereof, the Owner shall apply for and receive a TRCA permit, if required by the TRCA, under O. Reg. 166/06.

Parks, Forestry & Recreation – Urban Forestry (subject to further comments from PFR)

37. Prior to any registration of the Plan of Subdivision, the Owner shall submit an updated Landscape Plan outlining the number of trees and related soil volumes by subdivision phase to the satisfaction of the General Manager of Parks, Forestry and Recreation. For any by-law protected tree to be removed, a tree application must be made to the Forestry and Recreation of the City.

Parks, Forestry & Recreation – Parks Development & Capital Projects

38. Prior to the issuance of the first above grade building permit for Phase 3 (Block 2 and 4) the owner shall convey Block 6 to the City for parkland use.

39. The Owner, at its sole election, may convey Block 5 to the City for parkland use at the same time that it conveys Block 6.

40. Prior to the issuance of the first above grade building permit for Block 2, if the Owner has not conveyed Block 5 to the City for park land use together with Block 6, the Owner shall enter into a license agreement with the City for the public use of Block 5 on the Owner's land to the satisfaction of the Executive Director, Corporate Real Estate Management and General Manager, Parks, Forestry and Recreation. The Owner will agree to grade and sod Block 5 to the satisfaction of General Manager, Parks, Forestry and Recreation.

41. Prior to the issuance of the first above grade building permit for Block 4, if the Owner has not already conveyed Block 5 to the City for park land use together with Block 6, the owner shall convey Block 5 to the City for parkland use.

42. Any deficit in parkland dedication requirements above and beyond Blocks 5 and 6 shall be provided by the Owner as a cash-in-lieu of land payment to the City prior to the issuance of the first above-ground building permit for each phase of the Subdivision.

43. Prior to registration of Phase 3 (Block 2 and 4), the Owner shall submit working drawings, specifications and landscape plans, and a supporting preliminary cost estimate, showing the scope and cost of the work for the Base Park improvements for the review and approval by the General Manager, Parks, Forestry and Recreation and Waterfront Toronto.

44. If any element of Parks, Forestry and Recreation's Base Park Improvements are deemed to be unnecessary, the Owner will submit a certified cheque for the equivalent value, or direct the funds to Above Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

45. The Owner agrees to design and construct the Above Base Park Improvements to the new park for a development charge credit against Parks and Recreation component of the Development Charges to the satisfaction of the General Manager, PFR. The development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and installing the Above Base Park Improvements, as approved by the General Manager, PFR, and the Parks and Recreation component of Development Charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. The Owner is required to submit a design and cost estimate to be approved by the General Manager, PFR, and a letter of credit equal to 120% of the Parks and Recreation Development Charges payable for the development in association with the Above- Base Park improvements. The design, cost estimate and ultimately the letter of credit will be required prior to the issuance of the first above grade building permit for any building in Phase 3.

46. Prior to registration of Phase 3, the Owner covenants and agrees, at its expense:

a) to retain a qualified marine /structural engineer to carry out and report on a detailed investigation of the structural integrity of the Dockwall structures along Blocks 5 and 6 including, without limiting the generality of the foregoing, the following:

i. an alignment survey;

ii. a review of historic records related to construction and previous examinations of the structures;

iii. a physical examination of the structures for wear, and without limiting the generality of the foregoing, including the anchor rods; and

iv. if determined to be necessary by the consultant, an underwater survey of the Dockwall structures,

v. in order to provide to the City a report assessing the condition of the Dockwall structure, and make recommendations on the measures to be taken to reinforce and strengthen and, if necessary, extend the anticipated life of the Dockwall, in order to ensure the Dockwall will continue to exist in a safe and essentially maintenance free condition for approximately 50 years commencing from the date construction is commenced of the park on the water's edge promenade. Such report shall be prepared and submitted to the satisfaction of the General Manager, Parks, Forestry and Recreation based on terms of reference approved in advance by such General Manager, in consultation with other appropriate civic officials;

vi. to select the marine/structural engineer from a list of consultants approved in advance by the General Manager, acting reasonably, prior to the study being undertaken

47. Prior to the first above grade building permit for any building in Phase 3, the Owner covenants and agrees, at its expense, to undertake all measures to reinforce and strengthen the Dockwall, in order to ensure the Dockwall will continue to exist in a safe and essentially maintenance free condition for approximately 50 years commencing from the date construction is commenced of the park on the water's edge promenade, to the satisfaction of the General Manager, PFR.

Energy Efficiency Division

48. Prior to the registration of Phase 2, the Owner shall submit an Energy Strategy for the entire subject lands (not including Phase 1 (west portion of Block 1)) to the satisfaction of the Director, Environment and Energy Division.

ADVISORY NOTES

Toronto Transit Commission

1. TTC may choose to re-route and change stop locations to reflect the easterly extension of the Queens Quay streetcar right-of-way and future transit demands. Therefore, all existing stops must be retained with a 16 metre by 2.4 metre concrete platform and a 20 metre clearway on approach to the stop.

2. The right-of-way and stops along Queens Quay East should be protected as part of the Preferred Transit Network from the Port Lands Planning Initiatives – Interim Report.

Toronto and Region Conservation Authority

3. Please note that the 100-year lake level estimates have been revised since the previous submission to reflect record lake levels in 2019. The current revised 100-year lake level is 76.2 m IGLD1985. At the detailed design stage, the storm trap tank design should be revised to account for higher 100-year lake levels to prevent lake waters surcharging the tank. Higher weir elevations and backflow preventers are potential options to consider. Please contact TRCA at detailed design stage to confirm lake levels should they change.

4. The Keating Channel dockwalls are in poor condition and a new penetration into it will need to be examined closely at detailed design. Should dockwall reinforcement be required, the design should be approved by TRCA to prevent the dockwall from overly reducing flow conveyance capacity of the channel. It is understood that there is a need to eventually

City of Toronto - Transportation Services

5. The Owner is advised of the following:

(a) Approval of the development proposal, in its current form, is contingent upon completion of the ongoing area Environmental Assessment and the closure and sale of the lands identified as Block 7 in Draft Plan of Subdivision.

(b) As a condition of site plan approval, the applicant will be required to indicate/illustrate the provision of raised tactile profiles in accordance with the requirements of the new standards incorporated in Province of Ontario - Design of Public Spaces Standards – Part IV.1 Of Ontario Regulation 191/11, the bottom edge of the curb ramps in the sidewalk at the at the adjacent intersections.

(c) Detailed site access comments will be provided in conjunction with the future applications for each respective development block and our review of the required individual Traffic Operations Assessments noted under Condition No. 32 above.

(d) That with each phase of development, the public street system must be configured as a continuous circulation system, or alternatively, appropriate turn-around facilities must be provided at the terminus of any public roadway.

(e) Additional comments with respect to access, parking, loading, landscape/streetscape and materials within the existing and proposed public rights-of-way and other site plan matters will be provided in conjunction with the future site plan applications for each development block of this project, as further discussed in this report.

(f) Demonstrate compliance of the proposed streetscape plans with the requirements of Waterfront Toronto, Accessibility for Ontarians with Disabilities Act (AODA) and City of Toronto Accessibility Design Guidelines, the City’s Streetscape Manual User Guide, April 2019 and Toronto Green Standards (TGS).

(g) Approval from Transportation Services is required for all work that will be carried out within the abutting public rights-of-way, which may include but not be limited to financial responsibility for removal or relocation of existing street furniture (transit shelters, benches, litter bins, bicycle locking rings, etc.). The Owner must contact Street Furniture Management to co-ordinate the removal or relocation of Astral street furniture or bicycle locking rings. There are third-party costs associated with the removal and relocation of Astral street furniture and costs to remove the City of Toronto bicycle locking ring(s). The City and Astral will not undertake any work associated with removing, reinstalling or relocating existing street furniture until it receives payment. If clarification is required on how the above standards will apply to this site, the Owner can contact Street Furniture Management at streetfurniture@toronto.ca. For all other works within the public right-of-way, the Owner can contact Right-of-Way Management, Toronto & East York District, Construction Activities, at 416.392.7877.

(h) As part of Site Plan approval, the Owner may be required to submit costs for the installation of any proposed new City of Toronto Standard bicycle locking rings on public right-of-way at the rate of $433.92/unit, including HST. For further information, please contact David Dang, Street Furniture Management at 416.873.8799 or David.Dang@toronto.ca.

City of Toronto - Solid Waste Management Services

6. The Owner is advised that detailed comments from Solid Waste Management Services will be provided in conjunction with the future Site Plan Control Applications for each respective development block.

City of Toronto - Fire Services

7. The Owner is advised that detailed comments from Fire Services will be provided in conjunction with the future Site Plan Control Applications for each respective development block.

City of Toronto - Engineering & Construction Services

8. Approval must be obtained for any new street names. For further information, please contact Land and Property Surveys at streetnaming@toronto.ca or visit www.toronto.ca/street-naming for additional information.

9. For assessment and Official Record municipal numbering purposes, the Owner will be required to apply for revised municipal numbering prior to filing an application for a building permit. For further information, please contact Land and Property Surveys at municipaladdress@toronto.ca.

10. As per the City's Standard Subdivision Agreement, the Owner will be required to pay all costs associated with the City retaining a third-party peer reviewer, including a 7% administrative cost to the City, and submit a certified cheque payable to the City of Toronto in the amount of $8,000.00, as an initial deposit towards the cost of the peer review to the Chief Engineer & Executive Director, Engineering & Construction Services.

11. The Owner is advised that pursuant to an order issued by the Ontario Ministry of the Environment and Climate Change, all wet taps performed on City watermains must be performed by, or under the supervision of, a Certified Operator in accordance with Ontario Regulation 128/04. The City of Toronto Watermain Specifications respecting the performance and verification of wet taps can be found at www.toronto.ca/ecs-standards/wettap.

12. Additional comments regarding grading, servicing, and stormwater management will be provided in conjunction with the future Site Plan Control Applications for each respective development block.

13. The Owner must obtain approval from Toronto Hydro Energy Services for removing and/or relocating any utility with attached municipal street lighting and for any upgrades. The Owner should contact 416.542.8000 or utility.relocations@torontohydro.com for comments and cost estimates for required fieldwork.

City of Toronto – Parks, Forestry and Recreation – Urban Forestry

14. Where it is not possible to retain a tree on City property that qualifies for protection under the City of Toronto’s City Tree By-law or where construction activity will encroach upon a protected tree’s minimum tree protection zone, it will be necessary for the applicant to submit an application requesting permission to injure or destroy the trees in question to Urban Forestry. There is a fee of $369.61 (subject to change) for each tree included in an application. Payment may be made by certified cheque or money order, and must be submitted with the application. Applications can be found at: toronto.ca/trees/forms.

Currently it appears that there are City trees proposed for removal that will require applications. An updated replanting plan (with proposed species) will be required with the application.

There may be additional trees that will require applications to injure depending on the proposed utility and services routes.

Replacement trees on the road allowance will be required for all the City trees applied for, otherwise the permit to destroy the existing trees may not be granted. Given that the applicant may require the removal of the existing City tree(s) which are currently growing within the City road allowances adjacent to the proposed development site, the applicant must officially submit their landscape plans to Transportation Services of the City of Toronto in order for the plan to formally circulated to all utility and service companies to review and approve. This is a requirement to ensure that the existing City owned street trees are not removed until such time confirmation has been received through the Streetscape Landscape permit approval process of Transportation Services that the street tree planting proposal by the applicant can be implemented with no conflicts. Should the proposed street tree planting not be possible to implement due to a utility/service conflict or other conflict, permission to remove the existing City owned street trees will not be granted.

15. Where it is not possible to retain a tree on private property that qualifies for protection under the City of Toronto’s Private Tree By-law, or where construction activity will encroach upon a protected tree’s minimum tree protection zone, it will be necessary for the applicant to submit an application requesting permission to injure or destroy the trees in question to Urban Forestry. There is a fee of $369.61 (subject to change) for each tree included in an application. Payment may be made by certified cheque or money order, and must be submitted with the application. Applications can be found at: toronto.ca/trees/forms.

There may be private trees that will require a permit to destroy. An updated replanting plan (with proposed species) will be required with the application.

16. The Green Development Standards may require tree planting on private property and City road allowance. The applicant should provide planting plans to show the correct number of required plantings. The applicant must provide Urban Forestry a copy of the Toronto Green Standard Statistics Template which specifically details the required (calculated) and proposed amounts (a number, not description) and how they will fulfill or fail the required items relating to Forestry (EC section).

The amount of proposed trees shown on the Landscape Plan at ground level (approx. 175 of 349) does not meet the Toronto Green Standard required number of trees. The applicant should add more trees to the plan or consult with the Planning Department for further instruction.

17. The soil volumes related to the Green Standards tree planting requirement must be clearly indicated on the appropriate landscape plan(s). The minimum soil volume requirements under the provisions of the 'Toronto Green Standard' is 20 m³ of soil per tree where a soil volume is shared among trees or 30 m³ of soil per tree for individual trees where the soil volume is not being shared. Additionally, as per the requirements of the 'Toronto Green Standard', a total soil volume of 10,482 m³ for this site must be provided for tree planting in order to meet the requirements for Tier 1 of the Toronto Green Standards.