Roselawn & Main Urban Properties v. Toronto (City), 2022 CanLII 73907

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 12, 2022 EFFECTIVE DATE: August 11, 2022

CASE NO.: OLT-22-002952 (Formerly PL171386)

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

Applicant and Appellant: Roselawn & Main Urban Properties Subject: Application to amend Zoning By-law No. 438-86 and Zoning By-law No. 569-2013 - Neglect of the City of Toronto to make a decision Existing Zoning: Mixed Use (MCR) Zone under Zoning By-law 438-86 and Commercial Residential (CR) Zone under Zoning By-law 569-2013 (not in full force) Proposed Zoning: Site Specific (To be determined) Purpose: To permit a 27-storey mixed-use building Property Address/Description: 2400, 2430, 2440 and 2444 Yonge Street Municipality: City of Toronto Municipality File No.: 17 190823 NNY 16 OZ OLT Case No.: OLT-22-002952 Legacy Case No.: PL171386 OLT File No.: OLT-22-002952 Legacy File No.: PL171386 OLT Case Name: Roselawn & Main Urban Properties vs. Toronto (City)

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

Applicant and Appellant: Roselawn & Main Urban Properties Subject: Application to amend Zoning By-law No. 438-86 and Zoning By-law No. 569-2013 - Refusal of request by the City of Toronto Existing Zoning: Mixed Use (MCR) Zone under Zoning By-law 438-86 and Commercial Residential (CR) Zone under Zoning By-law 569-2013 (not in full force) Proposed Zoning: Site Specific (To be determined) Purpose: To permit a 27-storey mixed-use building Property Address/Description: 2400, 2430, 2440 and 2444 Yonge Street Municipality: City of Toronto Municipality File No.: 17 190823 NNY 16 OZ OLT Case No.: OLT-22-002952 Legacy Case No.: PL171386 OLT File No.: OLT-22-002954 Legacy File No.: PL180045

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

Applicant and Appellant: Roselawn & Main Urban Properties Subject: Request to amend the Official Plan - Refusal of request by the City of Toronto Existing Designation: Mixed Use Areas and Neighbourhoods Proposed Designated: Site Specific (To be determined) Purpose: To permit a 27-storey mixed-use building Property Address/Description: 2400, 2430, 2440 and 2444 Yonge Street Municipality: City of Toronto Approval Authority File No.: 17 190823 NNY 16 OZ OLT Case No.: OLT-22-002952 Legacy Case No.: PL171386 OLT File No.: OLT-22-002953 Legacy File No.: PL180013

BEFORE: BRYAN W. TUCKEY MEMBER Friday, the 12th Day of August, 2022

THESE MATTERS, in respect of the lands at 2400, 2430, 2440 and 2444 Yonge Street in the City of Toronto (the "Lands"), having come for public hearings on November 6, 2021 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having heard evidence in the matter resulting in the Tribunal's decision and interim order issued on November 26, 2021 (the "OLT Order") by which the Tribunal allowed the Applicant/Appellant’s appeals in part and approved, in principle, amendments to the City of Toronto Official Plan (the "Official Plan"), the former City of Toronto Zoning By-law No. 438-86 and the City of Toronto Zoning By-law No. 569-2013 (the "Zoning By-law"); and

THE TRIBUNAL having withheld its final order amending the Official Plan and the Zoning By-law pending written receipt of written confirmation from the City Solicitor for the City of Toronto that the matters in paragraph 10 of Attachment 4 to the OLT Order having been satisfied; and

THE TRIBUNAL having been advised by the City Solicitor for the City of Toronto in writing that the matters and conditions of the OLT Order as set out in paragraph 48 of the OLT Order have been satisfied; and

THE TRIBUNAL having been advised by the City Solicitor in writing that the Chief Planner and Executive Director, City Planning Division for the City of Toronto has determined a zoning by-law amendment to City of Toronto Zoning By-law No. 438-86 is not necessary for the development of the Lands; and

PURSUANT TO RULE 24.3 OF THE TRIBUNAL'S RULES this Final Order is effective on August 11, 2022;

THE TRIBUNAL HEREBY ORDERS that:

1. The City of Toronto Official Plan is amended in accordance with the 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"; and

3. The City Clerk is authorized to assign a number to the by-laws amending the Official Plan and the Zoning By-law for record keeping purposes and to format said by-laws, as necessary.

THE TRIBUNAL may be spoken to in the event any matter arises in connection with the implementation of this Final Order.

“Bryan W. Tuckey”

BRYAN W. TUCKEY MEMBER

ATTACHMENT A

Authority: Ontario Land Tribunal Decisions/Orders dated November 26, 2021 and August 11, 2022 with respect to Case PL171386

CITY OF TORONTO

BY-LAW -2022 (OLT)

To adopt Amendment 576 to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2021 as 2400, 2430, 2434, 2440, 2444 Yonge Street and 35 Roselawn Avenue

Whereas the Ontario Land Tribunal pursuant to its Decisions/Orders issued December 20, 2018, June 5, 2020 and November 26, 2021 in Board File PL171386, upon hearing an appeal under Section 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable to amend the Official Plan for the City of Toronto;

The Official Plan for the City Toronto is amended by the Local Planning Appeal Tribunal:

1. The text and map attached are adopted as an amendment to the Official Plan for the City of Toronto.

2. This is Official Plan Amendment 576.

Ontario Land Tribunal Decisions/Orders dated November 26, 2021 and <>, 2022 with respect to Case PL171386.

AMENDMENT 576 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS

2400, 2430, 2434, 2440, 2444 YONGE STREET and 35 ROSELAWN AVENUE

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

1. Map 17, Land Use Plan, are amended by re-designating the lands known municipally as 2400, 2430, 2434, 2440, 2444 Yonge Street and 35 Roselawn Avenue from Neighbourhoods and Mixed Use Areas to Parks and Open Spaces - Parks as shown on the attached Schedule 1.

2. Map 21-4, Yonge-Eglinton Secondary Plan, Land Use Plan, is amended to show the lands known municipally in 2021 as 2400, 2430, 2434, 2440, 2444 Yonge Street and 35 Roselawn Avenue from Neighbourhoods "A" and Mixed Use Areas "B" to Parks and Open Space Areas – Parks and Mixed Use Areas "B", as shown on the attached Schedule 2.

Schedule 1

Schedule 2

ATTACHMENT B

Authority: Ontario Land Tribunal Decisions/Orders issued November 26, 2021 and August 11, 2022 with respect to Case PL171386

CITY OF TORONTO

BY-LAW -2022 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands known municipally in the year 2021 as 2400, 2430, 2434, 2440, 2444 Yonge Street and 35 Roselawn Avenue.

Whereas the Ontario Land Tribunal pursuant to its Decision/Order issued on December 20, 2018, June 5, 2020 and November 26, in File PL171386 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 2400, 2430, 2434, 2440, 2444 Yonge Street and 35 Roselawn Avenue; 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 on 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, 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, as it read on 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 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/or density permitted beyond that otherwise 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 this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto;

Pursuant to the Ontario Land Tribunal Decisions/Orders issued December 20, 2018, June 5, 2020 and November 26, 2021 in Tribunal File PL171386, By-law 569-2013 of the City of Toronto, 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 outlined by heavy black lines from zone labels of CR 3.0 (c2.0; r2.5) SS2 (x2521), CR 3.0 (c2.0; r2.5) SS2 (x2432) and R (d1.0) (x768) to a zone label of CR 3.0 (c2.0; r2.5) (SS2) (x473) and O as shown on Diagram 2 attached to this By-law; and

4. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number (473) so that it reads:

(473) Exception CR 473

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

Site Specific Provisions:

(A) On 2400, 2430, 2434, 2440, 2444 Yonge Street and 35 Roselawn Avenue, if the requirements of Section 5 and Schedule A of By-law [Clerks to supply by-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Provisions (B) to (Z) below;

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

(C) In addition to the uses permitted by Regulations 40.10.20.10(1) and 40.10.20.20(1), a kennel is a permitted use, but is restricted to a premises used for the boarding and training of dogs and cats and must be ancillary to a retail store;

(D) Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 167.70 metres and elevation of the highest point of the building or structure;

(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 3 attached to By-law [Clerks to supply by-law ##];

(F) Despite Regulations 40.5.40.10(3) to (8) and Provision (E) above, the following equipment and structures may project beyond the permitted maximum height of a building:

(i) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, roof drainage, lightning rods, maintenance equipment storage, chimneys, and vents may project above the height limits to a maximum of 3.0 metres;

(ii) elevator shafts and overruns may project above the height limits to a maximum of 4.8 metres;

(iii) architectural features, light fixtures, swimming pools and parapets may project above the height limits to a maximum of 2.0 metres;

(iv) building maintenance units and window washing equipment may project above the height limits to a maximum of 3.0 metres;

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

(vi) trellises, pergolas, awnings and unenclosed structures providing safety or wind protection to rooftop amenity space may project above the height limits to a maximum of 4.0 metres;

(G) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area for residential and non-residential uses is 48,000 square metres, of which:

(i) the permitted maximum gross floor area for non-residential uses is 6,200 square metres; and

(ii) the permitted maximum gross floor area for each individual retail store, is 3,500 square metres;

(H) Despite Regulations 40.5.40.40(3) and 800.50(320), the calculation of gross floor area does not include the areas occupied by any non-structural architectural grid system or ornamental features that are attached to and project from the main wall of a building, or any areas that are partially enclosed by such features;

(I) Regulations 40.10.20.100(1), (33) and 150.100.30.1(2), with respect to the size and location of an eating establishment or take-out eating establishment, do not apply;

(J) Regulation 40.10.20.100(1), with respect to the size and location of a recreation use for the purposes of a fitness, exercise or health club, does not apply;

(K) Regulation 40.10.20.100(5), with respect to the size of a beverage manufacturing use within a retail store, does not apply;

(L) Regulation 40.10.20.100(21), with respect to the size and location of an outdoor patio, does not apply;

(M) Despite Regulation 40.10.40.1(1), the residential use portions of a mixed-use building may be located on the same floor as the non-residential use portions or below the non-residential use portions, provided that no dwelling units are on the first floor.

(N) Regulation 40.10.40.1(6), with respect to pedestrian access and location of entrances, does not apply;

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

(P) Despite Clause 40.10.40.60 and Provision (O) above, the following elements may encroach into the required minimum building setbacks and separation distances as follows:

(i) cornices, light fixtures, ornamental elements, parapets, art and landscape features, architectural elements, patios, decks, swimming pools, pillars, trellises, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, and underground garage ramps and associated structures, to a maximum of 1.0 metre;

(ii) awnings and canopies, to a maximum of 2.5 metres; and

(iii) balconies, which may extend to a maximum of 3.0 metres;

(Q) Despite Regulation 40.5.40.60(1), an awning, canopy or similar structure may be located more than 5.0 metres above the elevation of the ground directly below it;

(R) Despite Regulation 40.10.40.80(2), the minimum required separation of main walls are as shown in metres on Diagram 3 attached to By-law [Clerks to supply by-law ##];

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

(i) a minimum of 190 parking spaces for residents of the mixed-use building;

(ii) a minimum of 62 parking spaces for residential visitors of the mixed-use building which may be shared on a non-exclusive basis with non-residential uses.

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

(T) Up to a maximum of 3 car-share parking spaces may be provided on the lands, and for each car-share parking space provided, the minimum number of parking spaces for residents required pursuant Regulation 200.5.10.1(1) and Table 200.5.10.1 may be reduced by four (4) parking spaces;

(i) "car-share" means the practice whereby a number of people share the use of one or more motor vehicles that are owner by a profit or non-profit car-sharing organization and such car-share motor vehicles are made available to at least the occupants of the building or short term rental, including hourly rental;

(ii) "car-share parking space" means a parking space exclusively reserved and signed for a car used only for "car-share" purposes;

(U) Despite Regulation 200.15.10(1), 8 accessible parking spaces must be provided and maintained on the lot;

(V) Despite Regulations 200.15.1(1), (3) and By-law 579-2017, accessible parking spaces must be provided as follows;

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

i. length of 5.6 metres;

ii. width of 3.9 metres; and

iii. vertical clearance of 2.1 metres

(ii) Despite Provision (V)(i) above, the minimum required width of 3.9 metres may be reduced to 3.4 metres provided that an accessible barrier-free aisle or path measuring 1.5 metres in width is provided along a side of the parking space for its entire length;

(W) Despite Regulation 200.15.1(4), accessible parking spaces may be located anywhere in the underground parking garage;

(X) Despite Regulation 230.5.1.10(7), if a building has uses, other than dwelling units, for which a "long-term" bicycle parking space is required, a minimum total of 1 shower and change facility must be provided and maintained on the lot for each gender;

(Y) Bicycle parking spaces must be provided and maintained on the lot in accordance with the following:

(i) Regulation 230.40.1.20(2) with respect to the location of a "short-term" bicycle parking space relative to a building entrance, does not apply;

(ii) Despite Regulation 230.5.1.10(4)(A) and (B), a bicycle parking space must have a minimum width of 0.45 metres;

(iii) Despite Regulation 230.5.1.10(9)(B), "long-term" bicycle parking spaces for dwelling units may be located anywhere above or below ground in the building;

(iv) Regulation 230.5.1.10(9)(A)(iii) and (B)(iii), with respect to the location of a "long-term" bicycle parking space, does not apply;

(v) Despite Regulation 230.5.1.10(10), "long-term" and "short-term" bicycle parking spaces for dwelling units may be provided in any combination of vertical, horizontal or stacked positions;

(Z) Despite any existing or future severance, partition or division of the lands outlined by heavy lines on Diagram 1 attached to By-law [Clerks to supply by-law ##]; the provisions of [Clerks to supply by-law ##]; will apply to the entire lands as if no severance, partition or division occurred.

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

5. Section 37 Provisions

(A) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height 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.

Ontario Land Tribunal Decisions/Orders issued November 26, 2021 and <>, 2022 in File PL171386

SCHEDULE A

Section 37 Provisions

Prior to the issuance of the first permit issued under the Building Code Act, 1992 in respect of the lands shown on Diagram 1 attached to this By-law, the owner shall enter into an agreement under 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, and register same in priority, to the satisfaction of the City Solicitor, whereby the owner agrees to secure the facilities, services and matters set out below which are required to be provided to the City at the owner's expense as follows:

1. Prior to the issuance of the first above-grade building permit of the proposed development, a cash contribution of $1,800,000.00 to be paid by the Owner and to be allocated toward the following, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:

a. $1,500,000.00 towards park acquisition including, but not limited to, Eglinton Park and the new park being created at Duplex Avenue and Montgomery Avenue/Helendale Avenue; and

b. $300,000.00 towards current and future streetscape improvements and landscaping upgrades along the Yonge Street and Montgomery Avenue, including landscaping, seating and lighting improvements to the interface between the Anne Johnston Health Centre and the new mid-block connections, and the removal of existing boulevard parking on Montgomery Avenue;

2. The $1,800,000.00 cash contribution is 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 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all cash contributions will be payable prior to issuance of the first above-grade building permit;

3. In the event the cash contribution referred to in Part 1 above has not been used for the determined purpose within three years of 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. Prior to the issuance of the first above-grade building permit for the lands, the Owner shall convey to the City an over-dedication of 406 square metres of parkland within the area generally shown on Diagram 3 of this By-law with the final location and configuration of the parkland over-dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland over-dedication to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments save and except tieback encroachments where such encroachment is acceptable to the General Manager, Parks, Forestry, and Recreation and subject to payment of compensation to the City, and the parkland is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor;

5. Prior to the issuance of the first above-grade building permit for the lands, the Owner shall convey to the City an on-site parkland dedication of 827 square metres, in satisfaction of the required parkland contribution pursuant to Section 42 of the Planning Act within the area generally as shown on Diagram 3 of this By-law , with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments save and except tieback encroachments where such encroachment is acceptable to the General Manager, Parks, Forestry, and Recreation and subject to payment of compensation to the City, and the parkland is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor;

6. The Owner shall provide the base and above base improvements for the parkland dedications referred in Parts 4 and 5 above;

7. The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Committee, as further amended by City Council from time to time;

8. Prior to Final Site Plan approval for the lands, the Owner shall design, financially secure and agree to maintain a 3 metre wide public access walkway running east-west along the southerly boundary of the lands and running north-south directly through the lands adjacent the east boundary of the parkland described in Part 4 and Part 5 above to Roselawn Avenue, in accordance with the terms and conditions of the Section 37 Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

9. The Owner shall prepare all documents and convey to the City, at its own expense and for nominal consideration, a public access easement for use by the general public, including rights of support as applicable, upon and over the walkway referred to in Part 9 above, in accordance with the terms and conditions of the Section 37 Agreement, in priority and free and clear of all physical and title encumbrances unless otherwise agreed to by the Chief Planner and Executive Director, City Planning, to the satisfaction of Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor;

10. Prior to the issuance of the first permit issued under the Building Code Act, 1992 for all or any part of the lands, but excluding permits for repairs and maintenance and usual and minor works for the heritage properties municipally known as 2430 Yonge Street and 2434 Yonge Street as are acceptable to the Senior Manager, Heritage Planning, the Owner shall:

a. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan for the heritage properties municipally known 2430 Yonge Street and 2434 Yonge Street, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning;

b. provide a Letter of Credit, including provision for upwards indexing in accordance with the terms and conditions of the Section 37 Agreement in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan and Interpretation Plan; and

c. provide full documentation of the heritage properties at 2430 Yonge Street and 2434 Yonge Street, including two (2) printed sets of archival quality 8" x 10"colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning.

11. Prior to Final Site Plan approval for all or any part of the lands, the Owner shall:

a. provide final site plan drawings including drawings related to the approved Conservation Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning;

b. provide an Interpretation Plan for the heritage properties municipally known as 2430 Yonge Street and 2434 Yonge Street, to the satisfaction of the Senior Manager, Heritage Planning and thereafter the Owner shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

c. provide a Heritage Lighting Plan that describes how the heritage properties municipally known as 2430 Yonge Street and 2434 Yonge Street will be sensitively illuminated to enhance their heritage character, to the satisfaction of the Senior Manager, Heritage Planning and thereafter the Owner shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

d. submit a Signage Plan for the proposed development, to the satisfaction of the Senior Manager, Heritage Planning; and

e. submit a Landscape Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning;