Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 12, 2022

CASE NO(S).: OLT-21-001811

EFFECTIVE DATE: August 10, 2022

(PL200248)

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

Applicant and Appellant: Timbertrin (Dundas/Bloor) Inc.

Subject: Application to amend Zoning By-law – Refusal or neglect of City of Toronto to make a decision

Purpose: To permit a 25-storey mixed use building

Property Address: 1540-1550 Bloor Street West

Municipality: City of Toronto

Municipal Number: 19 263422 STE 04 OZ

OLT Case No.: OLT-21-001811

Legacy Case No.: PL200248

OLT Lead Case: OLT-21-001811

Legacy Lead Case No.: PL200248

OLT Case Name: Timbertrin (Dundas/Bloor) Inc. v. Toronto (City)

BEFORE:

DAVID L. LANTHIER VICE-CHAIR

Wednesday, the 10th day of August, 2022

THESE MATTERS, in respect of the lands at 1540-1550 Bloor Street West in the City of Toronto, having come for a public hearing on December 10, 2021 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on February 4, 2022 (the “Decision”) allowing the Applicant and Appellant’s appeal in part, and approving the amendment of the City of Toronto Zoning By-law 569-2013, in principle, with the final Order withheld pending the completion of the conditions set out in Attachment 1 of the Decision.

THE TRIBUNAL HAVING BEEN ADVISED by the Parties on August 10, 2022 that the City Solicitor is content that the above-noted conditions have been fully satisfied inclusive of satisfactory arrangements for the execution and registration of a section 37 Agreement to the City’s satisfaction, and that the City and the Applicant and Appellant are thus jointly requesting that the Tribunal proceed to issue its Final Order on that basis;

AND THE TRIBUNAL having received, considered and determined the request for the Final Order on Wednesday, the 10th day of August, 2022;

AND THE TRIBUNAL BEING SATISFIED that the prior conditions to the Final Order previously imposed by the Tribunal, upon the consent of the parties, have been satisfied or will now be appropriately addressed and that it is accordingly appropriate that the Tribunal issue its Final Order amending City Zoning By-law 569-2013 through the revised instrument now submitted for final approval upon the joint request of the City and the Applicant and Appellant;

NOW THEREFORE

THE TRIBUNAL ORDERS that the Appeal is allowed in part and Zoning By-law No. 569-2013 of the City of Toronto is amended in accordance with the Zoning By-law Amendment attached hereto as Attachment "1" and the Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.

THE TRIBUNAL ORDERS THAT, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of Wednesday, August 10, 2022 which is the date that the Tribunal received, considered and determined the request for the Final Order in this proceeding.

“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 1

Authority: Ontario Land Tribunal Decision issued on December 10, 2021 and Order effective on August 10, 2022 in Ontario Land Tribunal Case No. OLT-21- 001811 (formerly PL200248).

CITY OF TORONTO

BY-LAW [XXXX]-2022 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 1540, 1542, 1544, 1546, 1548 and 1550 Bloor Street West.

Whereas the Ontario Land Tribunal, in its Decision issued on December 10, 2021 and its Order effective on August 10, 2022, in file OLT-21-001811 (formerly PL200248), in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 1540, 1542, 1544, 1546, 1548 and 1550 Bloor Street West; 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 pursuant to Section 37 of the Planning Act, as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, c. 18 (“COVID-19 Economic Recovery Act, 2020”) came into force, whereby City Council or the Ontario Land Tribunal on an appeal may, in a by-law enacted under Section 34 of the Planning Act, may authorize increases in the height or density of development beyond those otherwise permitted 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, as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force, 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 or the Ontario Land Tribunal upon appeal, 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 in Schedule A of this By-law; and

Whereas the increase in height and density permitted on the aforesaid lands by By-law 569-2013 as amended, is permitted in return for the provision of the facilities, services and matters set out in Schedule A of this By-law, which is secured by one or more agreements between the owner of the land and the City of Toronto prior to the issuance of a building permit;

The Ontario Land Tribunal Orders:

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 label to these lands: CR 4.0 (c1.5; r3.0) SS2 (x807) as shown on Diagram 2 attached to 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 Areas Overlay Map in Article 995.10.1 and applying the following Policy Area label to these lands: PA3, as shown on Diagram 3 attached to this By-law.

5. Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying the following height and storey label to these lands: HT 20.0, as shown on Diagram 4 attached to this By- law.

6. Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying no value.

7. Zoning By-law 569-2013, as amended, as amended, is further amended by adding the lands to the Rooming House Overlay Map in Article 995.40.1, and applying the following rooming house label to these lands B3, as shown on Diagram 5 attached to this By-law.

8. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 807 so that it reads:

(807) Exception CR 807

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 1540, 1542, 1544, 1546, 1548 and 1550 Bloor Avenue West, as shown on Diagram 1 of By-law [Clerks to insert By-law ##], if the requirements of Section 11 and Schedule A of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (X) below:

(B) Despite Regulations 5.10.30.20(1) and 5.10.30.20(2), the front lot line is the lot line running parallel to Bloor Street West;

(C) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 112.03 metres and elevation of the highest point of the building or structure;

(D) Despite Regulation 40.10.20.100(1)(A), the permitted total interior floor area of all cabarets, clubs, eating establishments, entertainment places of assembly, places of assembly, recreation uses and take-out eating establishments, does not apply;

(E) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number following the HT symbol in metres as shown on Diagram 6 of By-law [Clerks to insert By-law ##];

(F) Despite Regulations 40.5.40.10(4) to (8) and (E) above, the following equipment and structures may project beyond the permitted maximum height of a building:

(i) architectural features and finials may project above the height limits to a maximum of 7.5 metres;

(ii) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, cooling equipment, water supply facilities, enclosed stairwells, roof access, elevator shafts and overruns, elevator machine rooms, maintenance equipment storage, elevator shafts, chimneys, and vents may project above the height limits to a maximum of 6.5 metres;

(iii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (ii) above, inclusive of a mechanical penthouse, may project above the height limits to a maximum of 6.5 metres;

(iv) building maintenance units and window washing equipment may project above the height limits to a maximum of 6.0 metres;

(v) parapets, and elements and structures associated with a green roof may project above the height limits to a maximum of 3.0 metres;

(vi) planters, landscaping features, balustrades, guard rails, fences, retaining walls, and divider screens on a balcony and/or terrace may project above the height limits to a maximum of 3.0 metres; and

(vii) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space may project above the height limits to a maximum of 3.0 metres;

(G) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 24,100 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 23,400 square metres; and

(ii) the permitted maximum gross floor area for non-residential uses is 700 square metres;

(H) Despite Regulation 40.10.50.10(3), no soft landscaping is required along the north lot line abutting a lot in the Residential Zone category;

(I) Despite Regulation 40.10.40.50 (1) and (2), a building with 20 or more dwelling units must provide amenity space at the following rate:

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

(ii) at least 2.0 square metres of outdoor amenity space for each dwelling unit of which at least 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and

(iii) no more than 25 percent of the outdoor component may be a green roof;

(J) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];

(K) Despite Clause 40.10.40.60 and (J) above, the following elements may encroach into the required minimum building setbacks as follows:

(i) roof overhangs, balustrades, guard rails, trellises, parapets, landscape and green roof elements, waste storage and loading space enclosures, lighting fixtures, public art features, window washing equipment, underground garage ramps, vents, wind mitigation features, window sills, decks, porches, balconies, canopies, awnings, exterior stairs, stair enclosures, access ramps and elevating devices, architectural features, such as exterior finials, pilaster, decorative column, cornice, sill, belt course, or chimney breast, eaves, air conditioners, satellite dishes, antennae, vents, and pipes, to a maximum extent of 2.0 metres;

(L) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

(i) a minimum of 0.20 residential occupant parking spaces for each dwelling unit;

(ii) a minimum of 0.06 residential visitor parking spaces for each dwelling unit;

(iii) no parking spaces for non-residential uses; and

(iv) a minimum of 2 "car-share parking spaces";

(M) Despite Regulation 200.5.10.1(1), "car-share parking spaces" may replace parking spaces otherwise required for residential occupants, subject to the following:

(i) a reduction of 4 resident occupant parking spaces will be permitted for each "car-share parking space" provided and that the maximum reduction permitted be capped by the application of the following formula:

(a) Four (4) multiplied by (total number of dwelling units divided by 60), rounded down to the nearest whole number;

(ii) for the purpose of this exception, "car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such "car-share" motor vehicles are owned by a profit or non-profit car sharing organization and where such organization may require that the 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;

(N) Despite Regulation 200.15.1(1), an accessible parking space must have the following minimum dimensions:

(i) length of 5.6 metres;

(ii) width of 3.4 metres; and

(iii) vertical clearance of 2.1 metres;

(O) Despite Regulations 200.15.10(1) and (2), a minimum of 4 of the required parking spaces on the lot are required to be accessible parking spaces;

(P) Despite Regulation 200.15.1(3), the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path as shown on Diagram 1 and Diagram 2 of By-law 579-2017;

(Q) Despite Regulation 200.15.1(4), an accessible parking space must be located within 27 metres of a barrier free entrance to the building or passenger elevator that provides access to the first storey of the building;

(R) Clauses 200.15.10.5 - Effective Parking Spaces and 200.15.10.10 - Parking Rate - Accessible Parking Spaces, as amended by By-law 89-2022, do not apply, provided that accessible parking spaces are provided in accordance with Regulations 200.15.10(1) and (2), as they read prior to February 3, 2022;

(S) Despite Regulations 220.5.10.1(2) and (3), loading spaces must be provided in accordance with the following:

(i) 1 Type “G” loading space; and

(ii) 1 Type “B loading space;

(T) Despite Regulation 230.5.1.10(4)(A)(ii), the required minimum dimensions of a stacked bicycle parking space are:

(i) length of 1.8 metres;

(ii) width of 0.5 metres; and

(iii) vertical clearance of 1.2 metres;

(U) Despite Regulation 230.5.1.10(9), "long-term" bicycle parking spaces are permitted to be located:

(i) on the first storey of the building;

(ii) on the second storey of the building; and

(iii) on the first and second levels of the building below ground;

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

(W) Despite Regulation 230.40.1.20(2), a "short-term" bicycle parking space may be no more than 63 metres from a pedestrian entrance to the building on the lot; and

(X) Despite Regulation 230.5.1.10(8) and 230.40.1.20(2), 6 required "short- term" bicycle parking spaces may be located within the municipal right-of- way immediately adjacent to the lot.

Prevailing By-laws and Prevailing Sections: (None Apply)

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

10. Temporary use:

(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a temporary sales, leasing or construction office, which is a temporary building, structure, facility, or trailer on the lands used exclusively for the purpose of marketing or sale of dwelling units or non-residential gross floor area to be erected on the lot for a period of not more than 3 years from the date this By-law comes into full force and effect.

11. Section 37 Provisions:

(A) Pursuant to Section 37 of the Planning Act, as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, c. 18 came into force, 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 attached to this By- law in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Schedule A attached to this By-law and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor;

(B) Where Schedule A attached to 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; and

(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 attached to this By-law are satisfied.

Ontario Land Tribunal Decision issued on December 11, 2021 and Ontario Land Tribunal Order effective on August 10, 2022 in Tribunal File OLT-21-001811 (formerly PL200248).

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 as shown in Diagram 1 in this By-law and secured in an agreement or agreements under Section 37(3) of the Planning Act, as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force, whereby the owner agrees as follows:

Community Benefits

1. Prior to the issuance of any building permit, the owner shall enter into an agreement or agreements and the agreement or agreements shall be registered on title to the lands 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:

2. The Owner shall provide and maintain fourteen (14) new affordable rental dwelling units on the lands at 1540, 1542, 1544, 1546, 1548 and 1550 Bloor Street West for a minimum period of ninety-nine (99) years beginning from the date that each such unit is first occupied, in accordance with the following:

(A) The fourteen (14) new affordable rental dwelling units shall collectively contain a total gross floor area that is no less than 8,685 square feet;

(B) At least one (1) of the new affordable rental dwelling units shall be a three- bedroom rental unit with an average unit size that is no less than the average unit size of a non-affordable three-bedroom dwelling unit within the development;

(C) At least three (3) of the new affordable rental dwelling units shall be two- bedroom rental units with an average unit size that is no less than the average unit size of a non-affordable two-bedroom dwelling unit within the development;

(D) At least nine (9) of the new affordable rental dwelling units shall be one- bedroom rental units with an average unit size that is no less than the average unit size of a non-affordable one-bedroom dwelling unit within the development;

(E) The remaining one (1) new affordable rental dwelling unit may be of any bedroom type but shall have an average unit size that is no less than the average unit size of a non-affordable rental dwelling unit of the same bedroom type within the development;

(F) The fourteen (14) new affordable rental dwelling units shall be provided in vertically and/or horizontally contiguous groups of six (6) or more dwelling units within the development;

(G) The location and layouts of the new affordable rental dwelling units within the development shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

(H) The owner shall provide and maintain the new affordable rental dwelling units as secured rental housing for a minimum period of ninety-nine (99) years beginning from the date that each such unit is first occupied; during such secured rental period, no affordable rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life- lease or co-ownership, and no application shall be made to demolish any affordable rental dwelling unit, without replacement of the same, or to convert any affordable rental dwelling unit to a non-residential rental purpose; and upon the expiration of the secured rental period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise;

(I) The owner shall provide and maintain all fourteen (14) new affordable rental dwelling units at affordable rents, as currently defined in the Official Plan, for a minimum period of 99 years, during which the rent (inclusive of utilities) charged to any tenant of a new affordable rental dwelling unit shall not exceed one (1) times the average rent for the same bedroom type in the City of Toronto, as reported by the Canada Mortgage and Housing Corporation in its most recent Rental Market Survey;

(J) Notwithstanding Section 2(I) above, after the first year of occupancy of an affordable rental dwelling unit, the rent (inclusive of utilities) charged to any first tenant or new tenant of a new affordable rental dwelling unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the unit under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

(K) At least six (6) months in advance of any new affordable rental dwelling unit being made available for rent, the owner shall develop and implement a Tenant Access Plan in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

(L) The fourteen (14) new affordable rental dwelling units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units erected on the lands are available and ready for occupancy;

(M) The owner shall provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

(N) The owner shall provide all tenants of the affordable rental dwelling units with laundry facilities on the same basis as other residents of the development at no extra charge; and

(O) The owner shall provide all tenants of the affordable rental dwelling units with access to permanent and visitor vehicular and bicycle parking on the same terms and conditions as any other resident of the development, and in accordance with the Zoning By-law;

Matters of Legal Convenience

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

4. The conveyance for nominal value of lands for a 0.4 metre right-of-way widening along Bloor Street West and lands for a 6.0 metre radius corner rounding at the intersection of Bloor Street West and Dundas Street West;

5. The conveyance for nominal value of an easement for public access over lands on the north side of the proposed building with a minimum width of 6.0 metres and a minimum height of 6.0 metres, over the travelled portion of the driveway, along with a 1.5 metre wide pedestrian walkway, which are to connect to the adjacent public lane in the future, as shown on Drawing A103, prepared by IBI Group and dated February 2022;

6. The provision of pedestrian clearways on Bloor Street West and Dundas Street West with a minimum width of 2.1 metres, which may include the obligation to convey an easement over a portion of the property, to achieve the 2.1 metre-wide clearway, as shown on Drawing A103, prepared by IBI Group and dated February 2022;

7. The following Transportation Demand Management measures:

(A) A cash contribution of $50,000.00 for one bike share station to be located in the immediate vicinity of the property, with such cash contribution paid by the owner prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the Cash Contribution by the owner to the City;

(B) Two (2) car share parking spaces to be located within the proposed underground parking garage;

(C) One (1) bike share membership (1 year membership) per dwelling unit; and

(D) Two (2) bicycle repair stations on the property;

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

9. A Wind Tunnel analysis to the satisfaction of the Chief Planner and Executive Director, City Planning;

10. A revised Landscape Plan, Soil Volume Plan, Arborist Report and Tree Protection Plan, for review to the satisfaction of General Manager, Parks, Forestry and Recreation; and any necessary financial securities, to the satisfaction of the Chief Planner and the General Manager, Parks, Forestry and Recreation and that such matters arising from such studies and plans, be secured if required;

11. The owner's agreement to implement any required recommendations and/or mitigation measures from the accepted reports and plans listed in Sections 8 through 10 above, through the Site Plan approval process for the lands, to the satisfaction of the Chief Planner and Executive Director, City Planning;

12. The requirements of the Toronto Transit Commission regarding warning clauses and other requirements noted in the TTC comments, including but not limited to those identified in the TTC response letters dated April 1, 2020 and January 18, 2021;

13. The requirements of Metrolinx regarding technical review as noted in the Metrolinx comments, dated May 11, 2020, and the initial comments for a future site plan application were also provided for consideration, including but not limited to, a final noise study, warning clauses, and the registration of an environmental easement in favour of Metrolinx for operational emissions;

14. The requirements of the Toronto District School Board and Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues;

15. The owner's agreement that prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor;

16. The owner shall provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681;

17. The owner shall provide and maintain twelve (12) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied; during such 20-year period, no replacement rental unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental unit, without replacement of the same, or convert any replacement rental unit to a non-residential rental purpose; the twelve (12) replacement rental units shall collectively contain a total gross floor area of 763 square metres and be comprised of one (1) studio unit, four (4) one-bedroom units and seven (7) two- bedroom units, as generally illustrated in the plans prepared by IBI Group and dated May 19, 2022, and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

18. The owner shall provide and maintain twelve (12) replacement rental dwelling units, including at least seven (7) two-bedroom units, four (4) one-bedroom units and one (1) studio unit, at affordable rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit;

19. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to the one (1) Eligible Tenant of the twelve (12) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship; the Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

20. The owner shall provide tenants of all twelve (12) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

21. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

22. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

23. The owner shall provide tenants of the replacement rental dwelling units with access to visitor vehicular parking at no charge and on the same terms and conditions as it is offered to any other resident of the proposed development;

24. The owner shall provide and make available at least eleven (11) bicycle parking spaces to tenants of the replacement rental dwelling units at no charge and on a first come-first serve basis;

25. The twelve (12) replacement rental dwelling units required in Section 17 above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy; and

26. The owner shall enter into, and register on title to the lands at 1540-1550 Bloor Street West, one or more agreement(s) to secure the conditions outlined in Sections 17 through 25 above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.