Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 12, 2022

CASE NO.: OLT-22-002287

EFFECTIVE DATE: August 12, 2022

(Legacy Case No. PL151222)

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

Applicant and Appellant: 2226396 Ontario Inc., Et Al

Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment

Existing Designation: Mixed Use Areas and Neighbourhoods

Proposed Designated: Mixed Use Areas Special Provision to be determined

Purpose: To permit mid-rise building that will include retail and commercial units

Property Address/Description: 53-63 Sheppard Avenue West & 62-68 Bogert Avenue

Municipality: City of Toronto

Approval Authority File No.: 15 170269 NNY 23 OZ

OLT Case No.: OLT-22-002287

Legacy Case No.: PL151222

OLT Lead Case No.: OLT-22-002287

Legacy Lead Case No.: PL151222

OMB Case Name: 2226396 Ontario Inc. v. Toronto (City)

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

Applicant and Appellant: 2226396 Ontario Inc., Et Al

Subject: Application to amend site specific Zoning By-law No. 609-2001 and Zoning By-law 7625 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: Site-Specific Zoning By-law No. 609-2001

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit mid-rise building that will include retail and commercial units

Property Address/Description: 53-63 Sheppard Avenue West & 62-68 Bogert Avenue

Municipality: City of Toronto

Municipality File No.: 15 170269 NNY 23 OZ

OLT Case No.: OLT-22-002293

Legacy Case No.: PL151223

OLT Lead Case No.: OLT-22-002287

Legacy Lead Case No.: PL151222

PROCEEDING COMMENCED UNDER subsection 69(3) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: 2226396 Ontario Inc., Et Al

Subject: Protest the levying of fees in relation to an application for Official Plan Amendment and Zoning By-law Amendment

Property Location/Description: 53-63 Sheppard Avenue West & 62-68 Bogert Avenue

Municipality: City of Toronto

OLT Case No.: OLT-22-002299

Legacy Case No.: MM160021

OLT Lead Case No.: OLT-22-002287

Legacy Lead Case No.: PL151222

BEFORE:

G.C.P. BISHOP ALTERNATE CHAIR

Friday, the 12th day of August, 2022

THIS MATTER having come on for public hearings on October 12, 2017 and June 14, 2022, the Ontario Land Tribunal (the “Tribunal”) having determined that the appeals under subsection 22(7) of the Planning Act (the “Official Plan Appeal”) and subsection 34(11) of the Planning Act (the “Zoning Appeal”) should be allowed and that the proposed official plan and zoning by-law amendments are 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 August 12, 2022.

THE TRIBUNAL ORDERS that the Official Plan Appeal is allowed in part and that Amendment 628 to the Official Plan for the City of Toronto is hereby approved and adopted 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.

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 “2” to this Order and Zoning By-law No. 7625 of the former City of North York, as amended, is hereby amended in the manner set out in Attachment “3” 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

OFFICIAL PLAN AMENDMENT

Authority: Ontario Municipal Board, Decision issued on October 12, 2017 and Ontario Land Tribunal Order issued on ___ in Case No. PL151222.

CITY OF TORONTO

BY-LAW No. XXXX-2022 (OLT)

To adopt Amendment 628 to the Official Plan for the City of Toronto with respect to the lands municipally known in the year 2022 as 53, 57, 59, 61, 63 Sheppard Avenue West and 62, 64, 66 and 68 Bogert Avenue.

Whereas authority is given to the Ontario Land Tribunal under the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this By-law; and

The Official Plan of the City of Toronto, as amended, is amended by the Ontario Land Tribunal as follows:

1. The attached Amendment No. 628 to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.

Pursuant to Decision of the Ontario Municipal Board issued on October 12, 2017, and Ontario Land Tribunal Order issued on [date] in Tribunal Case No. PL151222.

AMENDMENT NO. 628 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN AS 53, 57, 59, 61, 63 SHEPPARD AVENUE WEST and 62, 64, 66 and 68 BOGERT AVENUE.

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

1. Chapter 6, Section 37, Sheppard Lansing Secondary Plan is amended by amending the following section to Section 8.0, Site and Area Specific Policy No. 1, as follows:

"1. 53, 57, 59, 61, and 63 Sheppard Avenue West (1 on Map 37-5)"

A mixed-use building with at-grade retail with a maximum height of 16 storeys and 49 metres (exclusive of mechanical penthouses, green roof, rooftop appurtenances and elevator overruns). The subject site, including the lands in 2 below, is permitted an overall maximum Floor Space Index of 5.16.

a. Apartment House Dwelling; and accessory uses including private recreational amenity areas, Business and Professional Office, Day Nursery, Dry Cleaning and Laundry Collecting Establishment, Financial Institution, Fitness Centre, Outdoor Café in conjunction with a Restaurant or Take-out Restaurant on the same lot; Personal Service Shop; Professional Medical Office, Retail Store including grocery stores, supermarkets, pharmacies, Commercial Gallery, Bakery, Take-out Restaurant; and A temporary rental and/or sales office.

2. Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy No. 817 for lands known municipally in 2022 as 62, 64, 66 and 68 Bogert Avenue, as follows:

(a) 7 townhouses, common amenity, bicycle parking areas, servicing and parking areas, including a shared below-grade parking facility are permitted.

3. Chapter 7, Map 27, Site and Area Specific Policies, is revised to add the lands known municipally as 62, 64, 66 and 68 Bogert Avenue as shown on map below as Site and Area Specific Policy 817.

ATTACHMENT 2

ZONING BY-LAW AMENDMENT TO BY-LAW NO. 569-2013 OF THE CITY OF TORONTO

Authority: Ontario Municipal Board, Decision issued on October 12, 2017 and Ontario Land Tribunal Order issued on ___ in Case No. PL151222.

CITY OF TORONTO

BY-LAW No. XXXX-2022 (OLT)

To amend the City of Toronto Zoning By-law No. 569-2013, as amended,

with respect to the lands municipally known in the year 2022 as 53-63 Sheppard Avenue West and 62-68 Bogert Avenue.

Whereas the Ontario Land Tribunal, by its Decision issued on October 12 2017 and its Order issued on [date] in respect of Tribunal Case No. PL151222, approved amendments to the City of Toronto Zoning By-law No. 569-2013, as amended, with respect to lands municipally known in the year 2022 as 53-63 Sheppard Avenue West and 62-68 Bogert 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, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

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

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

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

The Ontario Land Tribunal, by Order, amends By-law 569-2013 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 No. 569-2013, Chapter 800 Definitions;

3. Zoning By-law No. 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.11, respecting the lands municipally known in the year 2017 as 53-63 Sheppard Avenue West and 62-68 Bogert Avenue, as outlined by heavy black lines from RD (f15.0; a550) (x5) to CR 1.0 (c1.0; r1.0) SS2 (775), as shown on Diagram 2 attached to this By-law.

4. Zoning By-law No. 569-2013, as amended, is further amended by adding to Article 900.11 Exception Number 775, so it reads:

(775) Exception CR 775

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 53-63 Sheppard Avenue West, if the requirements of Section 5 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 (B) to (P) below:

(B) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 181.63 metres and the highest point of the building or structure.

(C) Despite Regulation 40.10.40.1(1), residential use portions of the mixed use building may be located above and on the same storey as the non-residential use portions;

(D) Despite Regulation 40.10.40.10(1), (2), or (3), and), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram [#] of By-law [Clerks to inset By-law ##].

(E) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey as measured between the floor of the first storey and the ceiling of the first storey, is 3.55 metres;

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

(i) for the purpose of this exception, a mechanical penthouse does not constitute a storey.

(G) Despite Regulations 40.5.40.10(3) to (8) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law]:

i. Equipment used for the functional operation of the building including but not limited to electrical, utility, and ventilation equipment, make-up air unit, generator, roof assemblies and drainage, chimneys, vents, elements and structures associated with a green roof, telecommunication equipment and window washing equipment, parapets, wind screens, shade structures, weather protection canopy, fences, guard rails, railings, pergolas, trellises, balustrades, privacy screens and dividers, elevator enclosures and overruns, partitions dividing outdoor recreation of amenity areas, cornices, light fixtures, public art, architectural features, ornamental elements, stairs and stair enclosures, landscape elements and unenclosed structures providing safety or wind protection to rooftop amenity space.

(H) Despite Regulation 40.10.40.40(1) (2) the total gross floor area of all buildings and structures on the lands shown no Diagram 1 of By-law XXXX-2022(OLT), must not exceed 22,200 square metres, provided:

ii. the residential gross floor area does not exceed 21,900 square meters; and

iii. the non-residential gross floor area does not exceed 300 square metres.

(I) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys is shown on Diagram 3.

(J) For the Buildings shown on Diagram 1 of By-law XXXX-2022(OLT):

(i) The total number of dwelling units must not exceed 365 in the Mixed-Use Building;

(ii) The number of townhouse units must not exceed 7 dwelling units comprised of three-bedrooms;

(iii) A minimum of 15% of dwelling units must be two-bedroom units;

(iv) A minimum of 10% of dwelling units must be three-bedroom units combined for the Mixed-Use Building and Townhouse Units; and

(v) For the purpose of calculating the provision of a certain percentage of a unit type, in the event that the number of units provided of a particular unit type results in a percentage of units provided that is not a whole number, the percentage shall be deemed rounded to the nearest whole number.

(K) Despite Regulations 40.10.40.70(2) 40.10.40.80(2), the required minimum building setbacks are shown on Diagram 3 of By-law [Clerks to supply by-law #];

(L) Despite Regulations 40.5.40.60(1), 40.10.40.60(1), (2), (3), (5), (8) and (9) and (k) above the following building elements may encroach into the required minimum building setbacks shown on Diagram 3 of By-Law [Clerks to supply by-law #]:

i. Dividers, screens, railings, guard rails, fences, planters, canopies, cornices, light fixtures, public art, architectural features, balconies, terraces, terrace guards, bicycle racks, elevator enclosures and overruns, stairs and stair enclosures, underground garage ramps and their associated structures, walkways, driveways, wheel chair ramps, ornamental elements, parapets, art and landscape features, trellises, eaves, window sills, ventilation shafts, balustrades, structural columns and cladding, mechanical equipment, exhaust fans, exhaust flues, green roof, site servicing features, private patio space, planters, structures for outside or open air recreation including required residential amenity area to a maximum of 1.50 metres.

(M) For the purposes of this exception, the minimum width of a dwelling unit in a townhouse is 4.2 metres.

(b) Despite Regulation 40.10.50.10, the minimum landscape area is not required.

(c) Despite Regulation 200.5.10.1(1) and (5) and Table 200.5.10.1, parking spaces for the mixed use building must be provided and maintained in accordance with the following rates:

i. a maximum of 0.3 parking spaces for each bachelor dwelling unit up to 45 square metres;

ii. a maximum of 1.0 parking spaces for each bachelor dwelling unit greater than 45 square metres;

iii. a maximum of 0.5 parking spaces for each one-bedroom dwelling unit;

iv. a maximum of 0.8 parking spaces for each two-bedroom dwelling unit;

v. a maximum of 1.0 parking spaces for each three-bedroom dwelling unit;

vi. a maximum of 3.5 parking spaces for each 100 square metres of gross floor area for non-residential uses; and

vii. a minimum of 2.0 parking spaces plus 0.01 per dwelling unit are required for residential visitors;

(d) Despite Regulation 200.5.1.10(2), a maximum of 10% of parking spaces may be obstructed on one or two sides in accordance with 200.5.1.10(2)(D) without a requirement to increase the minimum width by 0.3 metres;

(e) Despite Regulation 200.15.1 (1), and (3) and 200.15.10(1), a minimum of 2 accessible parking spaces will be provided on the lands identified in Diagram 1 of By-Law [Clerks to supply by-law #] with the following minimum dimensions:

i. Length – 5.6 metres;

ii. Width 3.4 metres; and

iii. Vertical Clearance – 2.1 metres, and

iv. the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path on one side of the accessible parking space;

(f) Despite Regulation 200.15.1(4), the nearest point of an accessible parking space must be located no more than 10.0 metres, from the nearest point of a barrier-free elevator that provides access to the first storey of the building;

(g) Despite Regulation 40.10.40.50(1) and (2), amenity space must be provided in accordance with the following:

i. a minimum of 2.0 square metres of indoor amenity space per dwelling unit must be provided;

ii. a minimum of 2.0 square metres of outdoor amenity space per dwelling unit must be provided;

iii. the indoor residential amenity space may not be adjoining or directly accessible from the outdoor residential amenity space

(h) Despite Regulations 220.5.1.10(8)(D) and 200.5.10.1(2) and (3) one Type “G” loading space must be provided and shall have the following minimum dimensions;

a. 4.0 metres wide,

b. 13.0 metres long and

c. a vertical clearance of 6.1 metres;

(i) Despite Regulations 230.5.10.1, 230.5.1.10(3),(4), (5), and (10), 230.40.1.20 bicycle parking spaces must be provided in accordance with the following minimum rates:

i. 0.68 "long term" bicycle parking spaces for each dwelling unit;

ii. 0.07 "short term" bicycle parking spaces for each dwelling unit; and a

iii. both "long-term" and "short-term" bicycle parking spaces may be provided in a stacked bicycle parking space;

iv. short-term bicycle parking spaces may be located indoors or outdoors in an enclosed or secured room or enclosure;

v. if a stacked bicycle parking space is provided in a mechanical device where any portion of a bicycle is situated above or below any portion of an adjacent bicycle, the required minimum width of each stacked bicycle parking space is 0.35 metres.

vi. bicycle parking spaces may be provided as a rack or hook on a wall associated with a parking space on any parking level, so long as such rack/hook does not encroach into a parking space;

(j) Regulation 230.5.1.10(9) with respect to the location of long term bicycle parking spaces does not apply;

(k) Regulation 230.40.1.20(2) with respect to the location of short term bicycle parking spaces does not apply;

(l) None of the provisions of this By-law or By-law 569-2013, as amended, shall apply to prevent a Construction Office/Sales Office on the lands identified on Diagram 1 of By-law [Clerks to supply by-law #].

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 and density of the development is permitted beyond that otherwise permitted on the lands shown 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; and

(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 Municipal Board Decision Issued on October 12, 2017 and Ontario Land Tribunal Order issued on [date] in Case No. PL15122.

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 lot and secured in an agreement or agreements under Section 37(3) of the Planning Act whereby the owner agrees as follows:

The Owner shall pay to the City the sum of $2,600,000 ("Cash Contribution") which shall be used for purposes that are identified in the Official Plan and will benefit the Community in the vicinity of the Site and shall be allocated to the satisfaction of the Chief Planner in consultation with the Ward Councillor. The Cash Contribution shall be indexed annually in accordance with any increase in the Construction Price Index from the date of execution of this Agreement until the payment of the Cash Contribution, which shall be paid by certified cheque. The Cash Contribution shall be paid in full by the Owner to the City prior to issuance of the first Above-Grade Building Permit

ATTACHMENT 3

ZONING BY-LAW AMENDMENT TO ZONING BY-LAW NO. 7625 OF THE FORMER CITY OF NORTH YORK

Authority: Ontario Land Tribunal, Order dated ____ in Tribunal Case No. PL151222

CITY OF TORONTO

BY-LAW No. XXXX-2022 (OLT)

To amend Zoning By-law No. 7625 of the former City of North York, as amended, with respect to the lands municipally known in the year 2022 as 53-63 Sheppard Avenue West and 62-68 Bogert Avenue.

Whereas the Ontario Land Tribunal, by its Decision issued on October 12 2017 and its Order issued on [date] in respect of Tribunal Case No. PL151222, approved amendments to the City of Toronto Zoning By-law No. 569-2013, as amended, with respect to lands municipally known in the year 2022 as 53-63 Sheppard Avenue West and 62-68 Bogert 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, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

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

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

WHEREAS the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law No. 7625, as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto; and

Therefore pursuant to the Order of the Ontario Land Tribunal, By-law No. 7625, the General Zoning By-law of the former City of North York, as amended, is further amended as follows:

1. This By-law applies to the lands delineated by a heavy black line and identified as 53-63 Sheppard Avenue West and 62-68 Bogert Avenue as shown on Schedule "1" attached to this By-law.

2. Schedules "B" and "C" of By-law No. 7625 of the former City of North York are amended in accordance with Schedule 1 attached to this By-law.’

3. Site-specific By-law 609-2001(OMB) is repealed.

4. Section 64.27 of By-law No. 7625 of the former City of North York is amended by adding the following Section:

64.27 (289) RM6 (289)

DEFINITIONS

(a) For the purpose of this exception the following definitions apply:

i. "Apartment House Dwelling" shall mean a building containing more than four (4) dwelling units, each having access either from an internal corridor system or direct access at grade, or any combination thereof;

ii. "Bicycle Parking Space" means an area that is equipped with a bicycle rack , bicycle stacker, or a locker used for parking or storing a bicycle.

iii. "Bicycle Room" shall mean an enclosed indoor space that is designed and equipped exclusively for the purpose of parking and securing bicycles;

iv. "Established Grade" shall mean the geodetic elevation of 181.63 metres;

v. "Gross Floor Area" shall mean the aggregate of the areas of each floor, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor but excluding:

1. indoor recreational amenity areas;

2. parking, loading and bicycle parking areas below and above established grade, including ancillary and access areas;

3. storage rooms, washrooms, electrical utility, mechanical, ventilation rooms in the basement;

4. elevator shafts;

5. garbage shafts;

6. mechanical floor areas;

7. exit stairwells; and

8. the floor area of unenclosed residential balconies;

vi. "main entrance" shall mean the entrance to a building located on a public right-of-way;

vii. "indoor recreational amenity area" shall mean an area that is communal and available to all occupants of a building or a group of buildings within a zone for social and recreational purposes

viii. "outdoor recreational amenity area" shall mean outdoor area(s) set aside for social and/or recreational purposes such as playgrounds, outdoor swimming pools, and seating areas that are common to all residents of the building;

ix. "mechanical floor area" shall mean floor area within a building or structure used exclusively for the accommodation of mechanical equipment necessary to physically operate the building, including but not limited to heating, ventilation, air conditioning, electrical, plumbing, fire protection, telephone, telecommunication, cable and elevator equipment, garbage chutes and compactors, stormwater management and irrigation facilities;

x. "outdoor recreational amenity area" shall mean outdoor area(s) set aside for social and/or recreational purposes such as playgrounds, outdoor swimming pools and seating areas that are common to all residents of the building;

xi. "gross site" shall mean the lands identified as such on Schedule “1” comprising an area of 4,306. square metres;

xii. "net site" shall mean the lands identified as such on Schedule "1” consisting of the gross site minus the lands conveyed to the City for lane widening purposes and minus the lands conveyed to the City for parks purposes, comprising an area of 3,367 square metres;

xiii. “car-share” means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may be refundable;

xiv. “car-share parking space” means a parking space that is exclusively reserved and actively used for car –sharing

xv. “green roof” shall mean an extension to a building's roof that allows vegetation to grow in a growing medium and which is designed, constructed and maintained in compliance with the Toronto Green Roof Construction Standard set out in Chapter 492 of the City of Toronto Municipal Code;

PERMITTED USES

(b) For the lands outlined by heavy lines within “RM6(x289)” on Schedule 2 of this by-law the following uses shall be permitted;

i RESIDENTIAL

(A) Apartment House Dwelling; and accessory uses including private recreational amenity areas.

(B) Multiple Attached Dwelling

ii NON-RESIDENTIAL

(A) Business and Professional Office;

(B) Day Nursery;

(C) Dry Cleaning and Laundry Collecting Establishment; Financial Institution;

(D) Fitness Centre;

(E) Outdoor Café in conjunction with a Restaurant or Take-out Restaurant on the same lot;

(F) Personal Service Shop; Professional Medical Office.

(G) Retail Store including grocery stores, supermarkets, pharmacies,

(H) Commercial Gallery;

(I) Bakeries;

(J) Take-out Restaurant; and

(K) A temporary rental and/or sales office.

(L) Accessory uses

(c) Only non-residential uses with front entrances directly accessible from the public sidewalk on Sheppard Ave W shall be permitted shown on Schedule RM6(289).

USE QUALIFICATIONS

(d) Outdoor Residential Recreational Amenity Areas may be located on balconies or roof top terraces.

EXCEPTION REGULATIONS

YARD SETBACKS

(e) The provisions of Sections 27(4)(a) (Yard Setbacks) of By-law No. 7625 shall not apply.

(f) The minimum yard setbacks for buildings and structures above established grade shall be as shown on Schedule RM6 (289).

LANDSCAPING

(a) The provisions of Section 15.8 (Landscaping) shall not apply.

BUILDING ENVELOPE

(g) No portion of any building or structure erected and used above established grade shall be located otherwise than wholly within the building envelope identified on Schedule "RM6(289)" except for the projections permitted by Section 27(4)(a)(ii) (Permitted Projections Into Minimum Yard Setbacks) as well as the following structures, which shall be permitted to project into the building setbacks:

i. Dividers, screens, railings, guard rails, fences, planters, canopies, light fixtures, architectural building features, bicycle racks, stairs, stair enclosures, underground garage ramps and their associated structures, balconies, terraces, exit stairs, vents, walkways, driveways, ornamental elements, window sills, balustrades, columns, support structures, mechanical equipment, exhaust fans, exhaust flues, wheelchair ramps, safety railings, site servicing features, structures for outside or open air recreation including required residential amenity area.

GROSS FLOOR AREA

(h) Notwithstanding Section 27(6)(a) (Density) of By-law No. 7625, the maximum total gross floor area shall be 22,200 square metres, provided

i. the residential gross floor area does not exceed 21,900 square metres.

ii. The non-residential gross floor area does not exceed 300 square metres.

BUILDING HEIGHT

(i) Notwithstanding Sections 6(13) (Schedule D Height Limit), 27(5)(a) (Building Height) and Schedule 'D' of By-law No. 7625, the maximum height shall be the number of metres above established grade as specified by the numbers following the letter H for all buildings and structures as shown on Schedule RM6(x289).

(j) No part of any building or structure shall exceed the height limits shown on Schedule RM6(289), except for the following:

i. equipment used for the functional operation of the building including electrical, utility, and ventilation equipment, roof assemblies and drainage, chimneys, vents, elements and structures associated with a green roof, telecommunication equipment and window washing. parapets, wind screens, shade structures, weather protection canopy, fences, guard rails, railings, pergolas, trellises, balustrades, privacy screens and dividers, partitions dividing outdoor recreation of amenity areas, cornices, light fixtures, public art, elevator enclosures and overruns, architectural features, ornamental elements, landscape elements, stairs and stair enclosures, wheelchair ramps, and unenclosed structures providing safety or wind protection to rooftop amenity space.

NUMBER OF STOREYS

(k) For the apartment building house outlined by heavy lines within “RM6 (289)” fronting onto Sheppard Ave West on Schedule 2 of this bylaw the maximum permitted storeys will be 16;

(l) For the multiple attached dwellings outlined by heavy lines within “RM6(289)” fronting onto Bogert Avenue on Schedule 2 of this bylaw the maximum permitted storeys is 4;

RESIDENTIAL RECREATIONAL AMENITY AREA

(m) Notwithstanding Section 27(8)(a), A minimum of 2.00 square metres per dwelling unit of indoor recreational amenity area shall be provided and a minimum of 2.00 square metres per dwelling unit of outdoor recreational amenity area shall be provided.

(n) Section 27(9)(a) does not apply.

PARKING

(o) Notwithstanding Section 6A(4)(a) (Location of Parking Spaces) of By-law No. 7625, all required parking shall be provided within the lands shown on Schedule 1.

(p) All required parking shall be provided below-grade with the exception of surface parking spaces intended for short term parking and delivery.

(q) No at-grade parking spaces are permitted within 3 metres of any property line of a public street.

(r) Notwithstanding Section 6A(2) (Parking Requirements) of By-law No. 7625, residential parking shall be provided as follows:

i a maximum of 0.3 parking spaces for each bachelor dwelling unit up to 45 square metres for the use of residents of the mixed-use building;

ii a maximum of 1.0 parking spaces for each bachelor dwelling unit greater than 45 square metres for the use of residents of the mixed-use building;

iii a maximum of 0.5 parking spaces for each one-bedroom dwelling unit for the use of residents of the mixed-use building;

iv a maximum of 0.8 parking spaces for each two-bedroom dwelling unit for the use of residents of the mixed-use building;

v a maximum of 1.0 parking spaces for each three-bedroom dwelling unit for the use of residents of the mixed-use building;

vi a maximum of 3.5 parking spaces for each 100 square metres of gross floor area for non-residential uses; and

vii a minimum of 2.0 parking spaces plus 0.01 per dwelling unit are required for residential visitors;

(s) Sections 6A(6)(g) (Non-residential Parking Regulations) and 6A(8)(e) (Parking Regulations for RM Zones) of By-law No. 7625 shall not apply.

(t) Notwithstanding Section 6A(2)(Size of Parking Space) a maximum of 10% of parking spaces may be obstructed on one or two sides in accordance with 200.5.1.10(2)(D) without a requirement to increase the minimum width by 0.3 metres;

(u) any parking space in the underground parking garage may be accessed by a one-way aisle with a minimum width of 4.25 metres or a two-way aisle with a minimum width of 6.0 metres.

BICYCLE PARKING

(v) Bicycle parking shall comply with the following standards:

i. where bicycles are to be parked on a horizontal surface, each bicycle parking space shall have horizontal dimensions of at least 0.35 metres in width by 1.8 metres in length;

ii. where bicycles are to be parked in a vertical position, each bicycle parking space shall have horizontal dimensions of at least 0.35 metres in width by 1.2 metres in length; and

iii. if a stacked bicycle parking space is provided in a mechanical device where any portion of a bicycle is situated above or below any portion of an adjacent bicycle, the required minimum width of each stacked bicycle parking space is 0.35 metres.

iv. bicycle parking spaces may be provided as a rack or hook on a wall associated with a parking space on any parking level, so long as such rack/hook does not encroach into a parking space; Bicycle parking spaces shall be located within the net site in accordance with the following requirements:

i. a minimum of 0.68 long-term bicycle parking spaces per dwelling unit;

ii. a minimum of 0.07 short-term resident bicycle parking spaces per dwelling unit; and

iii. Bicycle parking spaces may be located indoors or outdoors

LOADING SPACE REQUIREMENTS

(w) One (1) Type G loading space shall be provided on the lands shown on Schedule “1”; and it shall have the following minimum dimensions;

i. 4.0 metres wide,

ii. 13.0 metres long and

iii. a vertical clearance of 6.1 metres;

(x) None of the provisions of Section 6A(16)(Loading Requirements) of By-Law No.7625 apply to the lands shown on Schedule “1”.

PROVISIONS NOT APPLICABLE

(y) The provisions of Sections 6A(2), 6A(3), 6(A)(5), 6A(16)(d)(iv),6(2)(l), 6(22), 15.7, 20-A, do not apply.

OTHER PROVISIONS

(z) No person shall use any land or erect or use any building or structure above grade (excluding a temporary rental and/or sales office) unless the following municipal services are provided to the lot line:

i. all new public roads required to serve said building have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway, and

ii. all water mains and sanitary sewers, and appropriate appurtenances, required to serve said building, have been installed and are operational.

(aa) The main entrance to each building or unit which faces a public right-of-way shall be at an elevation no greater than 0.9 metres above or below the grade of the public right-of-way at the property line.

LAND DIVISION

(a) Notwithstanding any severance, partition or division of the lands shown on Schedule “1” the provisions of this By-law shall apply to the whole of the lands as if no severance, partition or division occurred.

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 and density of the development is permitted beyond that otherwise permitted on the lands shown Schedule 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; and

(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.

APPROVED BY THE OLT this ___ day of ___, A.D. 2022

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 lot and secured in an agreement or agreements under Section 37(3) of the Planning Act whereby the owner agrees as follows:

The Owner shall pay to the City the sum of $2,600,000 ("Cash Contribution") which shall be used for purposes that are identified in the Official Plan and will benefit the community in the vicinity of the Site and shall be allocated to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor. The Cash Contribution shall be indexed annually in accordance with any increase in the Construction Price Index from the date of execution of this Agreement until the payment of the Cash Contribution, which shall be paid by certified cheque. The Cash contribution shall be paid in full by the Owner to the City prior to issuance of the first Above-Grade Building Permit.