Ontario Land Tribunal

Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca

Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca

ISSUE DATE: June 30, 2022

CASE NO.: OLT-22-002274 (PL200441)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Yonge Park Plaza Inc. Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment Purpose: To permit 2 towers comprised of residential, office, retail, restaurants, and hotel uses. Property Address: 4050 Yonge Street Municipality: City of Toronto Approval Authority File No.: 20 115845 NNY 08 OZ OLT Case No.: OLT-22-002274 Legacy Case No.: PL200441 OLT Lead Case No.: OLT-22-002274 Legacy Lead Case No.: PL200441 OLT Case Name: Yonge Park Plaza Inc. v. Toronto (City)

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

Applicant and Appellant: Yonge Park Plaza Inc. Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of City of Toronto to make a decision Purpose: To permit 2 towers comprised of residential, office, retail, restaurants, and hotel uses. Property Address: 4050 Yonge Street Municipality: City of Toronto Approval Authority File No.: 20 115845 NNY 08 OZ OLT Case No.: OLT-22-002279 Legacy Case No.: PL200442 OLT Lead Case No.: OLT-22-002274 Legacy Lead Case No.: PL200441

BEFORE: M.A. SILLS VICE-CHAIR Thursday, the 30th day of June, 2022

THESE MATTERS, in respect of the lands at 4050 Yonge Street in the City of Toronto, having come for public hearings on May 27, 2022 before the Ontario Land Tribunal (the "Tribunal") and in the Tribunal's oral decision of the same date and interim Order issued on June 2, 2022 (the "OLT Order") having allowed the Applicant/Appellant’s appeals of the request to amend the City of Toronto Official Plan and application to amend City of Toronto Zoning By-law 569-2013; and

THE TRIBUNAL having been advised by the City Solicitor for the City of Toronto that the matters and conditions of the OLT Order as set out in paragraph 4 have been satisfied;

THE TRIBUNAL ORDERS that:

1. The City of Toronto Official Plan is amended in accordance with the official plan amendment attached hereto as Attachment "A";

2. The City of Toronto Zoning By-law 569-2013 is amended in accordance with the zoning by-law amendment attached hereto as Attachment "B";

THE TRIBUNAL may be spoken to in the event any matter arises 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.

Attachment "A"

Authority: Ontario Land Tribunal issued on ~ and its Order issued, 20~, in Tribunal Case PL200441

CITY OF TORONTO

Bill XXX BY-LAW XXX

To adopt Amendment 578 to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2021 as 4050 Yonge Street

Whereas the Ontario Land Tribunal pursuant to its Decision/Order issued on ~ , and on ~ in respect of Tribunal File PL200441, deems it advisable to amend the Official Plan for the City of Toronto, with respect to lands municipally known in the year 2021 as 4050 Yonge Street;

The Ontario Land Tribunal Orders as follows:

1. The attached Amendment No. 578 to the Official Plan is hereby approved.

PURSUANT TO THE DECISION OF THE ONTARIO LAND TRIBUNAL ISSUED ON ~ AND ITS ORDER ISSUED ON ~ IN TRIBUNAL CASE PL200441

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

AMENDMENT NO. 578 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS 4050 YONGE STREET

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

1. Chapter 7, Site and Area Specific Policies, Site and Area Specific Policy No. 90 is amended for the lands known municipally in 2021 as 4050 Yonge Street by deleting the text and replacing it with the following text:

"90. Northwest of Wilson Avenue and Yonge Street, and Southeast of York Mills Road and Yonge Street:

a) For the lands located at the north-west corner of Wilson Avenue and Yonge Street, shown as Parcel 'Aʼ, a maximum density of 8.29 times the lot area is permitted and a maximum building height of 232.85 metres (not including mechanical penthouse) above sea level is permitted.

b) For Parcel 'A', the lands below the Long Term Stable Top of Slope (LTSTS) and/or the 10 metre buffer lands inland of the Long Term Stable Top of Slope may be used for a Below-grade Hydro Switch Room and/or a Dewatering Outlet Discharge Spillway.

c) For Parcel 'Bʼ, a maximum building height, inclusive of superstructures, pipes and chimneys, of 163 metres above sea level is permitted, provided the building height does not obstruct sight lines across the valley, from top-of-bank to top-of-bank”.

Attachment "B"

Authority: Ontario Land Tribunal Decision issued on ~ and its Order issued on ~ in Tribunal Case PL200441

CITY OF TORONTO

BY-LAW No. ####-2022 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 4050 Yonge Street.

Whereas the Ontario Land Tribunal pursuant to its Decision/Orders issued on ~, and on ~ in respect of Tribunal File PL200441, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable to amend the Zoning By-law for the City of Toronto, being By-law 569-2013, as amended, with respect to lands municipally known in the year 2021 as 4050 Yonge Street; and

Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; and

Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and

Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out; and

Whereas the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law No. 569-2013, as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto; and

Now therefore pursuant to the Order of the Ontario Land Tribunal, By-law No. 569-2013, as amended, is further amended as follows:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.

3. Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone labels: CR 1.0 (c1.0; r1.0) SS2 (x581) and ON as shown on Diagram 2 of this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Area Overlay Map in Section 995.10.1 and applying the following Policy Area label to these lands: PA3, as shown on Diagram 3 of this By-law.

5. Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Height Overlay Map in Section 995.20.1 and applying the following height label to these lands: HT 39.5, as shown on Diagram 4 of this By-law.

6. Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Lot Coverage Overlay Map in Section 995.30.1 and the Rooming House Overlay map in Section 995.40.1 with no label.

7. Zoning By-law 569-2013, as amended, is further amended by adding to Article 900.11.10 Exception Number 581 so it reads:

(581) Exception CR 581

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.

Site Specific Provisions:

(A) On 4050 Yonge Street, as shown on Diagram 1 of By-law [Clerks to insert By-law Number], if the requirements of Section 10 and Schedule A of By-law [Clerks to insert By-law Number] are complied with, a building or structure, may be constructed, used or enlarged in compliance with (B) to (N) below;

(B) Despite Regulation 40.5.40.10(1) and (2), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 133.35 metres and the elevation of the highest point of the building or structure;

(C) Despite Regulation 40.10.40.1(1), residential use portions of a building may be located above non-residential use portions of a building;

(D) Despite Regulation 40.10.40.10(2), the permitted maximum height of any building or structure is the numerical value, in metres, following the letters “HT” as shown on Diagram 5 of By-law [Clerks to insert By-law Number];

(E) Despite Regulations 40.5.40.10(3), (4), (5), (6), (7) and (8) and Regulation (D) above, the following elements of a building or structure may project above the permitted maximum heights shown on Diagram 5 of By-law [Clerks to insert By-law Number]:

i. parapets, fences and safety railings, planters and elements or structures on the roof of the building used for outside or open-air recreation, safety or wind protection purposes, and landscape features, elements of a green roof, heating, ventilation or cooling equipment such as chimneys, mechanical roof, stacks and flues all of which may exceed the permitted maximum height by 3.5 metres;

(F) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area is 51,250 square metres, of which:

i. A minimum interior floor area of 1,500 square metres is required for all uses listed in Regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A), with the exception of office uses;

ii. A minimum interior floor area of 3,900 square metres is required for office uses;

(G) Despite Regulation 40.10.40.70(2) and 40.10.40.80(2), the required minimum building setbacks and main wall separation distance are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law Number];

(H) Despite Regulations 40.5.40.60(1), Clause 40.10.40.60 and (G) of this Exception, the following building elements and structures are permitted to encroach into the required minimum building setbacks and main wall separation distance shown on Diagram 5 of By-law [Clerks to insert By-law Number]:

i. cornices, lighting fixtures, architectural features, signs, ornamental structures, trellises, canopies, columns, window washing equipment, stairs, heritage features, mechanical fans, balustrades, safety or wind protection measures, elements of a green roof and landscape features, by a maximum of 1.8 metres;

(I) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided at a minimum rate of:

i. for office, 1.0 parking spaces per 100 square metres of gross floor area, of which:

a. the parking occupancy rate is 100% in the A.M., 100% in the P.M. and 10% in the evening;

ii. for all uses listed in clauses 40.10.20.10 and 40.10.20.20, with the exception of dwelling units, eating establishments, and offices, 1.0 parking spaces per 100 square metres of gross floor area, of which:

a. the parking occupancy rate is 35% in the A.M., 100% in the P.M. and 95% in the evening;

iii. for eating establishments, 16 parking spaces per 100 square metres of gross floor area, of which:

a. the parking occupancy rate is 30% in the A.M., 75% in the P.M. and 100% in the evening;

iv. for visitors to dwelling units, 0.1 parking spaces for each dwelling unit in the building, of which:

a. the parking occupancy rate is 10% in the A.M., 35% in the P.M. and 100% in the evening;

v. for each dwelling unit in the building, 0.35 parking spaces for the use of residential occupants, of which:

a. the parking occupancy rate is 100% in the A.M., P.M. and the evening; and

vi. For the purpose of applying the parking occupancy rate in this exception, A.M. is 6:00 a.m. to 11:59 a.m., P.M. is 12:00 p.m. to 5:59 p.m., and evening is 6:00 p.m. to 5:59 a.m. the following day;

(J) Despite Regulation (I) of this Exception, if a "car-share parking space" is provided the required parking spaces for residents of the dwelling units is reduced by 4 parking spaces, up to a maximum of 5 "car-share parking spaces";

(K) For the purposes of this Exception:

i. "Car-share" is the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable; and

ii. a "car-share parking space" is a parking space that is exclusively reserved and actively used for "car-sharing";

(L) Despite Clause 220.5.10.1, loading spaces must be provided as follows:

i. 1 Type “G” loading space;

ii. 1 Type “B” loading space; and

iii. 2 Type “C” loading spaces; and

(M) Despite Regulation 230.40.1.20(2) a “short-term” bicycle parking space may be more than 30 metres from a pedestrian entrance to the building on the lot;

(N) A minimum of 10 percent of the total number of dwelling units on the lot must contain three or more bedrooms and a minimum 35 percent of the total number of dwelling units on the lot must contain two bedrooms or more.

Prevailing By-laws and Provisions: (None Apply)

8. Nothing in By-law 569-2013 shall apply to prevent a Dewatering Outlet Discharge Spillway within the Lands below the Long Term Stable Top of Slope (LTSTS) and a Below-ground Hydro Switch Building within the 10 metre buffer lands inland of the Long Term Stable Top of Slope, as shown on Diagram 6 attached to this By-law.

9. Despite any future severance, partition or division of the lands shown on Diagram 1, the provisions of this By-law shall apply as if no severance, partition or division occurred.

10. Section 37 Provisions

(A) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor.

(B) Where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same.

(C) The owner shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law unless all provisions of Schedule A are satisfied.

PURSUANT TO THE DECISION OF THE ONTARIO LAND TRIBUNAL ISSUED ON ~ AND ITS ORDER ISSUED ON ~ IN TRIBUNAL CASE PL200441

SCHEDULE A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City by the owner at the owner's expense in return for the increase in height and density of the proposed development on the lot as shown on Diagram 1 attached to this By-law in accordance with and as secured in an agreement or agreements under Section 37(3) of the Planning Act (the "Section 37 Agreement"), whereby the owner agrees as follows:

1. Prior to the first above grade building permit issued for the lot, the owner shall make a cash payment to the City in the amount of $1.0 million to be allocated towards improvements to path and trails within the West Don River Valley area adjacent to the site, improvements to Stewart A. McGregor Parkette, improvements to York Mills Valley Park, and improvements to the Don Valley Golf Course facility, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.

2. The cash contribution referred to in paragraph 1 of this Schedule A shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment.

3. In the event the cash contribution referred to in paragraph 1 of this Schedule A has not been used for the determined purpose within three (3) years after the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands.

4. The owner shall design, finance and construct an at grade/below-grade pedestrian tunnel connection linking the proposed development to the York Mills Subway Station on the east side of Yonge Street at no cost to the City or the Toronto Transit Commission, including the supply and installation of payment turnstiles/gates that provide access to York Mills Subway Station via the Toronto Transit Commission entrance connection (if determined to be required by the Toronto Transit Commission), and such below-grade Toronto Transit Commission entrance connection shall be designed, constructed, repaired and maintained to the City and Toronto Transit Commission standards at the sole cost and expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Toronto Transit Commission.

The Section 37 Agreement will also secure the following matters as a legal convenience to support the development:

5. Prior to the earlier of any residential use and the registration of the first residential condominium within the site under the Condominium Act, the owner will complete the Toronto Transit Commission Entrance Connection, at the sole cost and expense of the owner, and at no cost to the City or the Toronto Transit Commission, and a public access easement, or license as applicable, shall be provided to the City concurrently to provide access through the interior of the proposed development to the Toronto Transit Commission entrance connection to the York Mills Subway Station in a manner and form satisfactory to the Director, Real Estate Services, the Toronto Transit Commission, and the City Solicitor;

6. Pursuant to the site plan control application process but in any event prior to the issuance of the first above grade building permit for any part of the lot and prior to any works conducted within or below Yonge Street as it relates to the Toronto Transit Commission Entrance Connection, the owner shall obtain all necessary approvals and enter into a Tunnel Encroachment Agreement and/or an Entrance Connection Easement Agreement with the City and/or the Toronto Transit Commission, at no cost to the City and/or Toronto Transit Commission, regarding the Toronto Transit Commission Entrance Connection, which shall include the required maintenance, licensing permissions, any required letters of credit prior to the construction for a period of time as specified in the agreement, insurance, indemnity and any necessary provisions, to the satisfaction of the General Manager, Transportation Services, the Director, Real Estate Services, and the Toronto Transit Commission, and with such agreement(s) entered into, executed and registered on title satisfactory to the City Solicitor and subject to the following:

i. the owner shall be responsible for all costs relating to the preparation, execution registration of the Tunnel Encroachment Agreement and/or the Entrance Connection Easement Agreement, including, without limiting the generality of the foregoing: a Toronto Transit Commission Entrance Connection Fee as determined by the Toronto Transit Commission; the costs for providing any surveys or reference plans that may be required by the City and/or the Toronto Transit Commission; and all the registration costs relating to the registration of such agreements on title to lands owned by the owner in first priority subject to such permitted encumbrances as may be permitted by the City; and

ii. the owner satisfy any required pre-conditions and post-conditions, including any agreements, easements, maintenance arrangements, and fees of the Toronto Transit Commission and the City in relation to the Toronto Transit Commission Entrance Connection, to the satisfaction of the General Manager, Transportation Services, the Toronto Transit Commission, and the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning.

7. The owner shall convey to the City, for nominal consideration and at no cost to the City or the Toronto Transit Commission, all licences and/or public access easements, as may be required for public use of the Toronto Transit Commission entrance connection to be provided within the lot, including any space internal to buildings erected within the lot as required to access the Toronto Transit Commission entrance connection, and all pedestrian tunnels within the Lands that adjoin the lot to the east and to the north, in accordance with the terms of the Section 37 Agreement and the Entrance Connection Easement Agreement, to the satisfaction of the City Solicitor and the Toronto Transit Commission;

8. Prior to the earlier of the registration of the first condominium corporation within the subject lands, the first residential occupancy of any part of the lot, the owner shall grant a surface easement to the City along the Yonge Street frontage of the site to secure a pedestrian clearway of no less than 10 metres in width along the entire Yonge Street frontage of the lot, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

9. The owner shall provide and maintain on-site transportation demand management measures as set out in the Transportation Demand Management Plan prepared by the BA Group, dated November 3, 2021, attached as Confidential Attachment 7 to the report (December 6, 2021) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

10. The owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

11. Prior to the issuance of the first above grade building permit for any part of the lot, the Owner shall to convey the fee simple interest in the part of the lot zoned Open Space (ON) by this By-law (the "Conservation Lands") to the City for nominal consideration, subject to an easement or license interest in favour of the Owner, to be determined by the Chief Planner and Executive Director, City Planning or their designate, in consultation with the City Solicitor, permitting access to and requiring the maintenance, repair, and replacement of drainage works for development of the lot at no cost to the City and at the sole responsibility of the Owner, inclusive of an indemnity from the Owner in favour of the City and insurance, but otherwise the Conservation Lands shall be free and clear of all other encumbrances, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

12. Prior to the registration of the conveyance of the Conservation Lands, the Owner shall undertake the environmental remediation and/or risk assessment of the Conservation Lands at no cost to the City and in accordance with City standards as required by and to the satisfaction of the General Manager, Parks, Forestry and Recreation.

13. Prior to the issuance of the first building permit issued for any part of the lot, the Owner shall install tree protection hoarding and erosion and sediment control fencing within the Conservation Lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

14. Prior to the issuance of the first above grade building permit for any part of the lot, the Owner shall provide a ravine stewardship plan for the Conservation Lands and provide financial security in an amount equivalent to 100 percent of the cost to implement the ravine stewardship plan which has been determined to be no less than approximately $130,000 in Canadian funds to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, to secure the implementation of the ravine stewardship plan, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

15. Prior to the earlier of the registration of the first condominium in respect of any part of the lot and the first residential use of any part of the lot, the Owner shall implement the ravine stewardship plan for the Conservation Lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation.