Gairloch Developments & Toronto (Bayview and Eglinton) Limited Partnership v. Toronto (City), 2022 CanLII 63816

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 12, 2022

CASE NO(S).: OLT-22-002414

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

Applicant and Appellant: Gairloch Developments & Toronto (Bayview and Eglinton) Limited Partnership

Subject: Application to amend Zoning By-law No. 438-86, as amended, of the former City of Toronto - Neglect of the City of Toronto to make a decision

Existing Zoning: Residential Districts R4 Z 1.0

Proposed Zoning: Site Specific

Purpose: To permit the development of a 9-storey residential building consisting of 216 residential units including 12 live-work units

Property Address/Description: 1710 - 1736 Bayview Avenue

Municipality: City of Toronto

Municipal Number: 20 153356 NNY 15 OZ

OLT Case No.: OLT-22-002414

OLT File No.: OLT-22-002414

OLT Legacy Case No.: PL210295

OLT Case Name: Gairloch Developments & Toronto (Bayview and Eglinton) Limited Partnership v. Toronto (City)

Heard: May 27 and June 30, 2022 by video hearing

APPEARANCES:

Parties	Counsel/Representative*
Gairloch Developments & Toronto (Bayview and Eglinton) Limited Partnership (“Applicant”)	M. Foderick/D. Angelucci
City of Toronto (“City”)	J. Braun/A. Suriano
South Eglinton Ratepayers and Residents Association	A. Gort*
Leaside Residents Association	G. Kettel*/D. Obright*

MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JUNE 30, 2022, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Applicant had submitted a development proposal for the lands known municipally as 1710-1736 Bayview Avenue (“Subject Lands”) seeking a 9 storey residential building and 216 residential units including 12 live-work units.

2The matter was appealed to the Tribunal and a 9 day hearing set to commence on July 25, 2022.

3Prior to the hearing, the Applicant made a “with prejudice” offer to the City which was supported by the residents’ associations and subsequently accepted by City Council on April 6, 2022.

4A settlement hearing was set for May 27, 2022.

5In the lead up to that hearing day, the Tribunal was provided with the affidavit of Mr. Tinker (Exhibit 1) and a Document Book (Exhibit 2).

6At the May 27, 2022, hearing, the Tribunal heard the uncontested and uncontroverted expert land use planning evidence of Louis Tinker. However, as the settlement involved a s. 37 Planning Act agreement, and as the City was and is in the midst of a transition from s. 37 agreements to the new Community Benefits, the Tribunal was asked to adjourn the hearing to enable the parties to finalize the s. 37 agreement, and finalize the draft zoning by-law.

7As requested, the Tribunal adjourned the matter to June 30, 2022.

8In the lead up to the second day of the hearing, the Tribunal received a revised draft Zoning By-law Amendment (“ZBA”) which was entered as Exhibit 3, and a draft Order (Exhibit 4).

9Arising out of the second day of the hearing, the Tribunal received a revised draft ZBA (Exhibit 5), a revised draft Order (Exhibit 6) and a POPS Area and Pedestrian Clearway Diagram dated June 1, 2022 (Exhibit 7).

10For the reasons set out below, the Tribunal allowed the appeal in part, and approved the revised draft ZBA as found in Exhibit 5, and the Tribunal’s Final Order is appended to this Decision as Attachment 1.

DECISION

11As noted above, the Tribunal had before it a rezoning application for the Subject Lands that had been revised and now comes before the Tribunal as a settlement proposal with the support of the City, and the support of the residents’ associations.

12The Subject Lands are located on the west side of Bayview Avenue, (being a four lane major arterial road), and just south of Eglinton Avenue East.

13The Subject Lands are an assembly of 14 properties, which were a mix of detached and semi-detached dwellings with eight existing driveway accesses to Bayview Avenue.

14The Subject Lands are designated Mixed-Use Areas in the Official Plan and zoned Residential (d.1.0) (x690) permitting residential uses and a maximum height of 9 metres (“m”).

15About 95 m north of the Subject Lands is an entrance to the Leaside Station for the Yonge/Eglinton Crosstown LRT.

16North of the Subject Lands are four 2 storey semi-detached dwellings and to the south is a place of worship and a single storey commercial building. To the east is Bayview Avenue and on the east side is a row of ten 2 storey multi-unit dwellings in semi-detached form, and to the west and the rear of the Subject Lands are several single and semi-detached dwellings that front onto Mann Avenue.

17The settlement proposal inter alia includes:

a. A 9 storey mixed-use building on the Subject Lands that is about 95 m from the Leaside station on the Yonge/Eglinton Crosstown LRT;

b. A Floor Space Index of 4.15;

c. 197 dwelling units;

d. Of which 9 are grade-related townhouses at the rear;

e. And a revised transition of the west façade (rear) to the existing neighbourhood.

18The Tribunal has reviewed the land use planning affidavit of Mr. Tinker, and has heard his viva voce evidence wherein he recommended approval of the settlement proposal as:

a. Having appropriate regard for the matters of Provincial Interest as set out is s. 2 of the Planning Act;

b. Having appropriate regard for the decision of the City Council and the information and materials before it;

c. Was consistent with the Provincial Policy Statement (“PPS”)

d. Conformed to A Place to Grow: the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”)

e. Conformed to the City’s Official Plan and the City’s Secondary Plan;

f. Implemented the City’s Mid-Rise Guidelines;

g. That the conditions of approval were reasonable and appropriate;

h. That the settlement proposal was in the public interest; and

i. Represented good planning.

19The Tribunal heard the submissions of counsel and the representatives that they collectively had worked to resolve the appeal and recommended the settlement to the Tribunal.

20Having considered the uncontested and uncontradicted affidavit and viva voce evidence of Mr. Tinker, the decision of City Council, and the submissions of counsel and the representatives, the Tribunal finds that the Subject Lands are designated in the Official Plan as Mixed-Use Areas, located in close proximity to public transit, are at present underutilized and represent an opportunity for intensification that would be supportive of public transit and add to the range and mix of housing options and densities.

21The Tribunal finds that the settlement proposal has an appropriate mid-rise typology, has been revised so as to provide an appropriate transition to the westerly existing neighbourhood with grade-related townhouses, and will reduce the number of driveway accesses to Bayview Avenue.

22All of which the Tribunal finds meet the land use planning tests prescribed by the Planning Act and addressed by Mr. Tinker.

23Thus, the Tribunal will allow the appeal in part.

24The Tribunal’s Final Order is appended as Attachment 1 to this Decision, and pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Decision and Final Order are effective as of June 30, 2022.

25This is the Order of the Tribunal.

“Blair S. Taylor”

BLAIR S. TAYLOR

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

ISSUE DATE: June 30, 2022

CASE NOS.: OLT-22-002414

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

Applicant and Appellant: Gairloch Developments & Toronto (Bayview and Eglinton) Limited Partnership

Subject: Application to amend Zoning By-law No. 438-86, as amended, of the former City of Toronto - Neglect of the City of Toronto to make a decision

Existing Zoning: Residential Districts R4 Z 1.0

Proposed Zoning: Site Specific

Purpose: To permit the development of a 9-storey residential building consisting of 216 residential units including 12 live-work units

Property Address/Description: 1710 - 1736 Bayview Avenue

Municipality: City of Toronto

Municipal Number: 20 153356 NNY 15 OZ

OLT Case No.: OLT-22-002414

OLT File No.: OLT-22-002414

OLT Legacy Case No.: PL210295

OLT Case Name: Gairloch Developments & Toronto (Bayview and Eglinton) Limited Partnership v. Toronto (City)

BEFORE: BLAIR S. TAYLOR, MEMBER Thursday, the 30th day of June, 2022

THIS MATTER having come on for a public hearing on May 27, 2022, and June 30, 2022, and the Ontario Land Tribunal (the “Tribunal”) having determined that the appeal(s) under subsection 34(11) of the Planning Act (the “Zoning Appeal”) OLT Case No. OLT-22-002414 should be allowed in part and that the proposed zoning by-law amendment is in a final form and content satisfactory to the City and should be approved;

AND PURSUANT TO RULE 24.3 OF THE TRIBUNAL'S RULES this Order is effective on June 30, 2022;

THE TRIBUNAL ORDERS that the Zoning Appeal is allowed in part and that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.

“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

ZONING BY-LAW AMENDMENT CITY OF TORONTO BY-LAW XXX-2022 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to lands municipally known in the year 2021 as 1710, 1712, 1714, 1716, 1718, 1720, 1722, 1724, 1726, 1728, 1730, 1732, 1734 and 1736 Bayview Avenue.

Whereas the Ontario Land Tribunal pursuant to its Decision and Order issued on June 30, 2022, in OLT Case No. OLT-22-002414, 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 By-law 569-2013, as amended, for the City of Toronto with respect to lands municipally known as in the year 2022 as 1710, 1712, 1714, 1716, 1718, 1720, 1722, 1724, 1726, 1728, 1730, 1732, 1734 and 1736 Bayview Avenue; and

Whereas authority is given to Council of the City of Toronto by Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this by-law; and

Whereas pursuant to Section 39 of the Planning Act, as amended, the Council of a Municipality may, in a By-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the By-law; 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 Section 37.1 of the Planning Act provides that Subsections 37(1) to (4) of the Planning Act as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force shall continue to apply to a by-law passed pursuant to the repealed Section 37(1) prior to the date that a municipality passes a community benefits charge by-law and this by-law was passed prior to that date; 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 lands elects to provide facilities, services or matters in return for an increase in height and density of development, a 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 lands known at the date of the enactment of this by-law as 1710, 1712, 1714, 1716, 1718, 1720, 1722, 1724, 1726, 1728, 1730, 1732, 1734 and 1736 Bayview Avenue (the 'Lands') has elected to provide the facilities, services and matters as set out in Schedule A of this By-law in in return for the increase in height and density permitted on the aforesaid lands by By-law 569-2013, as amended; and

Whereas Schedule A of this By-law requires the owner of the aforesaid lands to provide certain facilities, services or matters and enter into an agreement or agreements between the owner of the land and the City of Toronto prior to the issuance of a building permit; and

Whereas Schedule B of this By-law requires the owner confirm the availability of and/or provide municipal services to service the land, buildings or structures prior to the issuance of a building permit as required by Subsection 34(5) of the Planning Act, the issuance of such permit shall be dependent on satisfaction of same;

Therefore, pursuant to the Order of the Ontario Land Tribunal, City of Toronto By-law 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 amending the zone label on the Zoning By-law Map in Section 990.10, respecting the lands municipally known in the year 2022 as 1710-1736 Bayview Avenue as outlined by heavy black lines from R (d1.0) (x690) to CR 1.0 (c1.0; r1.0) SS2 (x613), as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by adding to Article 900.11.10 Exception Number 613, so that it reads:

(613) Exception CR 613

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 the lands municipally known in the year 2022 as 1710, 1712, 1714, 1716, 1718, 1720, 1722, 1724, 1726, 1728, 1730, 1732, 1734 and 1736 Bayview Avenue, if the requirements of Section 7 and Schedule A are complied with, a mixed-use building, structure, addition or enlargement may be constructed in compliance with (B) through (AA) below:

(B) For the purpose of this exception, the lot comprises the lands outlined by heavy lines on Diagram 1 of By-law [Clerks to supply By-law #];

(C) Despite Regulation 40.10.40.40(1), the maximum total gross floor area of all buildings and structures on the lot must not exceed 16,700 square metres, subject to the following:

(i) the maximum residential gross floor area is 16,200 square metres;

(D) The following shall apply to dwelling units:

(i) a maximum of 205 dwelling units are permitted;

(ii) a minimum of 15 percent of the total number of dwelling units must contain two bedrooms, and a minimum of 10 percent of the total number of dwelling units must contain a minimum of three bedrooms; and

(iii) in the event that the calculation of the number of required dwelling units with three bedrooms results in a number with a fraction, the number shall be rounded down to the nearest whole number;

(E) Despite Regulation 40.10.40.1(1), in the CR zone within a mixed-use building, residential use portions may be located on the same level as non-residential use portions, but dwelling units must not have direct frontage onto Bayview Avenue;

(F) Despite Regulations 40.5.40.10(1) and 40.5.40.10(2), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 150.11 metres and the elevation of the highest point of the building or structure;

(G) Despite Regulation 40.10.40.10(2), the permitted maximum height of any building or structure is the height in metres specified by the numbers following the symbol 'HT' on Diagram 3 of By-law [Clerks to supply By-law #];

(H) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is the number following the ST symbol as shown on Diagram 3 of By-law [Clerks to supply By-law ##];

(I) Despite Regulation (H) above, any portion of a building that is located between the Canadian Geodetic Datum elevations of 150.11 metres and 155.68 metres will be considered as one storey;

(J) Despite (G) and (H) above and in addition to Regulations 40.5.40.10(4) and 40.5.40.10(6), the following elements may project above the permitted maximum building height as shown on Diagram 3 of By-law [Clerks to supply By-law #];

(i) structures and elements related to outdoor flooring and roofing assembly features by a maximum of 0.5 metres;

(ii) railings, guard rails, parapets, terrace walls, patios, planters, balustrades, bollards and ornamental or architectural features by a maximum of 1.5 metres;

(iii) landscape features, privacy and decorative screens, terrace dividers, fences, parapet walls and elements of a green roof by 2.0 metres;

(iv) enclosed stairwells, roof access, safety elements and maintenance equipment storage to a maximum of 2.0 metres;

(v) elevator shafts, elevator machine rooms and overruns, water supply facilities, chimneys, pipes, vents, shafts to a maximum of 3.0 metres;

(vi) cabanas, pergolas, trellises, and ancillary structures by a maximum of 3.5 metres; and

(vii) electrical, utility, mechanical and ventilation equipment, cooling equipment and related structural, mechanical, enclosure and screening elements to a maximum of 6.0 metres;

(K) Despite Regulations 40.5.40.10(5) and 40.5.40.10(8), the total area of all equipment and structures may cover no more than 40 percent of the area of the roof, measured horizontally;

(L) Despite Regulation 40.10.40.70(2), the minimum required building setbacks in metres are as shown on Diagram 3 of By-law [Clerks to supply By-law #];

(M) Despite (L) above and in addition to Regulations 40.10.40.60(1), 40.10.40.60(2), 40.10.40.60(3), 40.10.40.60(5), 40.10.40.60(6), 40.10.40.60(7), 40.10.40.60(8) and 40.10.40.60(9), the following building elements may also encroach into the required building setbacks as follows:

(i) roof overhangs, terraces, balustrades, trellises, canopies, awnings chimneys, vents, pipes cornices, eaves, railings, guardrails, parapets, landscape and green roof elements, planters, lighting fixtures, architectural and ornamental features, public art features, window washing equipment, decorative privacy screens, vents, wheelchair ramps, wind mitigation features and windowsills, to a maximum of 2.0 metres;

(N) Despite Regulation 40.10.50.10(2), no fence is required along the north and south side lot lines abutting a lot in the Residential Zone category;

(O) Despite Regulation 40.10.50.10(3), no soft landscaping is required along the north and south side lot lines abutting a lot in the Residential Zone category;

(P) Despite Regulation 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space on the lot at the following rate:

(i) At least 2.0 square metres for each dwelling unit as indoor amenity space;

(ii) At least 1.0 square metre of outdoor amenity space for each dwelling unit; and

(iii) The indoor residential amenity space does not need to be contiguous with the outdoor residential amenity space;

(Q) Despite Regulation 40.10.90.40(1)(A), access to a loading space may be provided from Bayview Avenue;

(R) Despite Regulation 40.10.100.10(1)(A), vehicle access to the lot, may be provided from Bayview Avenue;

(S) Despite Regulation 200.5.10.1(1) and 200.5.10.1(2) and Table 200.5.10.1, vehicle parking spaces must be provided and maintained in accordance with the following minimum requirements:

(i) 0.5 parking spaces per dwelling unit for residential occupants; and

(ii) 0.1 parking spaces per dwelling unit for the shared use of residential visitors and non-residential uses.

(T) Despite Regulation 200.5.1.10(2), a maximum of five (5) percent of the total parking spaces provided on the lot may have a minimum width of 2.6 metres, and may be obstructed on one side as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space;

(U) Despite Regulation 200.5.1.10(2)(D), Electric Vehicle Infrastructure, including electrical vehicle supply equipment, does not constitute an obstruction to a parking space;

(V) Despite Regulations 200.15.1(1) and 200.15.1(3), accessible parking spaces must comply with the following:

(i) accessible parking spaces must have the following minimum dimensions:

a. length of 5.6 metres;

b. width of 3.4 metres; and

c. vertical clearance of 2.1 metres.

(ii) the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path.

(W) Despite Regulation 200.15.1(4), an accessible parking space must be located within 25 metres of a barrier free entrance to the building or passenger elevator that provides access to the first storey of the building;

(X) Despite Regulation 230.5.1.10(4), stacked bicycle parking spaces provided in a horizontal orientation may have the following minimum dimensions:

(i) a minimum length of 1.8 metres;

(ii) a minimum width of 0.45 metres; and

(iii) a minimum vertical clearance for each bicycle parking space of 1.2 metres.

(Y) Despite Regulation 230.5.1.10(9), long-term bicycle parking spaces are permitted to be located on all levels of the building and parking garage both above and below a Canadian Geodetic Datum elevation of 150.11 metres;

(Z) Despite Regulation 230.5.1.10(10), required short-term bicycle parking spaces may be located in a stacked bicycle parking space;

(AA) Section 600.30, with regards to inclusionary zoning, does not apply.

Prevailing By-laws and Prevailing Section(s): (None Apply)

5. Despite any existing or future consent, severance, partition, or division of the lands as shown on Diagram 1 of By-law [Clerks to supply by-law #], the provisions of this Exception and By-law 569-2013 shall apply to the whole of the lands as one lot, as if no consent, severance, partition or division occurred.

6. None of the provisions of this By-law or Zoning By-law 569-2013, as amended, will apply to prevent the erection or use of a temporary sales, leasing or construction office on the lot for a period of not more than 3 years from the date this By-law comes into full force and effect.

7. 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 and enter into an agreement or agreements 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/or density pursuant to this By-law unless all provisions of Schedule A are satisfied.

8. Availability of Municipal Services

(A) Pursuant to Subsection 34(5) of the Planning Act, it is prohibited to use the lands shown on Diagram 1 or erect or use buildings or structures as permitted in this By-law until the owner confirms the availability of and/or provide municipal services to service the land, building or structures, as set out in Schedule B hereof, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

(B) Where Schedule B of this By-law requires the owner confirm the availability of and/or provide municipal services to service the land, buildings or structures prior to the issuance of any 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 pursuant to this By-law unless all provisions of Schedule B are satisfied.

Pursuant to the Decision and Order of the Ontario Land Tribunal issued on June 30, 2022, in OLT Case No. OLT-22-002414.

SCHEDULE A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City at the owner’s expense in return for the increase in height and density of the proposed development on the lands shown as CR 1.0 (c1.0; r1.0) SS2 (x613) on Diagram 2 of this By-law, and secured in an agreement or agreements pursuant to Section 37(3) of the Planning Act, whereby the owner agrees to provide the following:

1. Prior to the issuance of any Building Permit, the owner shall enter into an agreement or agreements to the satisfaction of the City Solicitor pursuant to Section 37 of the Planning Act as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force to secure the facilities, services or matters set out below:

Community Benefits

2. An indexed cash contribution of $1,400,000 to be paid by the Applicant prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for local area improvements in the vicinity of the Lands, to the satisfaction of the Chief Planner and Executive Director City Planning, in consultation with the local Ward Councillor;

Matters of Legal Convenience

3. The Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director City Planning and the City Solicitor, a privately-owned, publicly-accessible space located along the rear of the subject site as generally shown on the POPS Area and Pedestrian Clearway Diagram, prepared by BDP Quadrangle, dated June 1, 2022, and have a minimum area of not less than 410 square metres;

4. Prior to the issuance of site plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the privately-owned, publicly-accessible space lands to the City; the specific location, configuration, and design of the privately-owned, publicly- accessible space area shall be determined through the site plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District;

5. The Applicant shall own, operate, maintain, and repair the privately-owned, publicly-accessible space and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the privately-owned, publicly-accessible space area, all at the Applicant's own expense;

6. The Applicant shall also provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, two publicly-accessible mid- block connections from Bayview Avenue to the privately-owned, publicly-accessible space lands described in paragraph 2, above, ('Mid-Block Pedestrian Connections') located along the middle and south ends of the subject site as generally shown the POPS Area and Pedestrian Clearway Diagram, prepared by BDP Quadrangle, dated June 1, 2022;

7. The Mid-Block Pedestrian Connections shall have a minimum width of 5 metres and 2.1 metres in the middle of the subject site and 2.1 metres at the south of the subject site;

8. Prior to the issuance of site plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the Mid-Block Pedestrian Connections lands to the City; and

9. The specific location, configuration, and design of the Mid-Block Pedestrian Connections shall be determined through the site plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District; the Applicant shall own, operate, maintain, and repair the Mid-Block Pedestrian Connections and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the Mid-Block Pedestrian Connections, all at the Applicant's own expense.

SCHEDULE B

Availability of Municipal Services Provisions

The confirmation of the availability of and/or provision of municipal services to service the lands shown as CR 1.0 (c1.0; r1.0) SS2 (x613) on Diagram 2 of this By-law shall be completed by the owner and at the owner's expense to the satisfaction of the City prior to the issuance of any Building Permit as follows:

1. The Applicant has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memorandum dated April 9, 2021 or as may be updated in response to further submission(s) filed by the Applicant, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

2. The Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

3. The Applicant has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.