The Symington Holdings Ltd. v. Toronto (City), 2022 CanLII 73918

Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 10, 2022

CASE NO.: OLT-22-003801

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

Appellant: The Symington Holdings Ltd.

Applicant: The Symington Holdings Ltd.

Existing Designation: Neighbourhoods

Proposed Designation: Apartment Neighbourhoods

Purpose: To permit the proposed development comprising of a 6-storey mid-rise element stepping upwards to a 9-storey element which is connected to a 24-storey tower element

Property Address/Description: 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue

Municipality: City of Toronto

Approval Authority File No.: 15 2386778 WET 17 OZ

OLT Case No.: OLT-22-003801

Legacy File No.: PL170525

OLT File No.: OLT-22-003801

OLT Case Name: The Symington Holdings Ltd. 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: The Symington Holdings Ltd.

Subject: Application to amend Zoning By-law Nos. 438-86 and 569-2013 – Neglect of the City of Toronto to make a decision

Existing Zoning: I2 D2 (ZBL No. 438-86) E 2.0 (x301) (ZBL No. 569-2013)

Proposed Zoning: Site specific to permit residential uses on the Property, increasing the permitted height and density and adding other site-specific development standards to permit the proposed development

Purpose: To permit the proposed development comprising of a 6-storey mid-rise element stepping upwards to a 9-storey element which is connected to a 24-storey tower element

Property Address/Description: 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue

Municipality: City of Toronto

Approval Authority File No.: 15 2386778 WET 17 OZ

OLT Case No.: OLT-22-003801

Legacy File No.: PL170525

OLT File No.: OLT-22-003959

BEFORE:

S. TOUSAW

MEMBER

The 10th day of August, 2022

THE MATTER having come on for a public hearing, and the Local Planning Appeal Tribunal (as it was then known) by way of a decision issued on December 21, 2018 (the “Decision”) having determined that the appeals under subsection 22(7) and subsection 34(11) of the Planning Act (the “Appeals”) should be allowed and having approved the proposed redevelopment of the lands known municipally as 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue (the “Lands”), but withholding its final order pending satisfaction of certain pre-conditions listed in paragraph 15 of the Decision (the “Pre-Conditions”);

AND THE TRIBUNAL having issued an interim decision on June 29, 2022, approving a revised settlement in respect of the Lands without objection from the Parties;

AND THE TRIBUNAL having been advised that the Pre-Conditions have been cleared to the satisfaction of the City of Toronto;

AND THE TRIBUNAL being satisfied that its direction as set out in the Decision has been met;

THE TRIBUNAL HEREBY ORDERS that the Appeals are allowed, in part, and that the City of Toronto Official Plan, as amended, is hereby amended in the manner set out in Attachment “1” to this Order, that the City of Toronto Zoning By-law 569-2013, as amended, is hereby amended in the manner as set out in Attachment “2” to this Order, and that the former City of Toronto Zoning By-law 438-86, as amended, is hereby amended in the matter as set out in Attachment “3” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number of this by-law 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 Land Tribunal Decision issued on [month] [day], 2022 in File PL170525

CITY OF TORONTO

Bill XXX

BY-LAW XXX (OLT)

To adopt an amendment to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2021, as

386-394 Symington Avenue, 485 Perth Avenue, and 17 Kingsley Avenue.

Whereas the Owner of the lands appealed a proposed official plan amendment to the Ontario Municipal Board (continued as the Local Planning Appeal Tribunal and now as the Ontario Lands Tribunal) pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Municipal Board, by its Decision issued on December 21, 2018 and the Ontario Land Tribunal Order issued on [month] [day], 2022 in File PL170525 approved amendments to the Official Plan for the City of Toronto with respect to the lands;

The Ontario Land Tribunal Orders:

1. The attached Amendment 452 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Pursuant to Ontario Municipal Board Decision issued on December 21, 2018 and Ontario Land Tribunal Order issued on [month] [day], 2022 in File PL170525.

City of Toronto By-law No. ~~-2022

AMENDMENT NO. 452 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS

386-394 SYMINGTON AVENUE, 485 PERTH AVENUE and 17 KINGSLEY AVENUE

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

1. Map 17, Land Use Plan, is amended by re-designating the lands known municipally as 386-394 Symington Avenue, 485 Perth Avenue, and 17 Kingsley Avenue from Neighbourhoods to Apartment Neighbourhoods, as shown on the attached Schedule A.

2. Chapter 7, Site and Area Specific Policies, is amended by further amending Site and Area Specific Policy No. 438 for lands known municipally in 2021 as 386-394 Symington Avenue, 485 Perth Avenue, and 17 Kingsley Avenue, as follows:

3. 386-394 Symington Avenue, 485 Perth Avenue, and 17 Kingsley Avenue

Residential uses are permitted subject to the submission and peer-review of a Rail Safety and Rail Mitigation Report and the implementation of the required measures, at the owner's expense, to the satisfaction of the City.

City of Toronto By-law No. ~~-2022

Schedule A

ATTACHMENT 2 ZONING BY-LAW AMENDMENT TO BY-LAW NO. 569-2013 OF THE CITY OF TORONTO

Authority: Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File PL170525

CITY OF TORONTO

BY-LAW ####-2022

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue

Whereas the Ontario Land Tribunal, in its Decision issued on [date] and its Order issued on [date], in file PL170525, 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 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue; and

Whereas pursuant to Section 39 of the Planning Act, as amended, the Council of a Municipality may, in a By-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the By-law; and

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

Whereas Section 37.1 of the Planning Act provides that Subsections 37(1) to (4) of the Planning Act as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force shall continue to apply to a by-law passed pursuant to the repealed Section 37(1) prior to the date that a municipality passes a community benefits charge By-law and this By-law was passed prior to that date; and

Whereas pursuant to Section 37 of the Planning Act, a By-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted on the aforesaid lands by By-law 569-2013, as amended, in return for the provision of such facilities, services or matters as are set out in this 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 in Schedule A of this By-law in return for the increase in height and density permitted on the aforesaid lands by By-law 569-2013, as amended; and

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

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 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 subject to this By-law from a zone label of E 2.0 (x301) to a zone label of RA (d2.0)(x187) as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.7.10 Exception Number 187 so that it reads:

(187) Exception RA (187)

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 386-394 Symington Avenue, 485 Perth Avenue, and 17 Kingsley Avenue, as shown on Diagram 1 of By-law ###-2022 [Clerks to insert By-law number], if the requirements of By-law are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (Q) below:

(B) In addition to the residential building types listed in Regulation 15.10.20.40(1), a detached house is also permitted;

(C) Despite Regulation 15.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 120.9 metres and the elevation of the highest point of the building or structure;

(D) Despite Regulations 15.10.40.10(1) and (2), the permitted maximum height of any building or structure is the number following the "HT" symbol in metres and the permitted maximum number of storeys is the numerical value following the "ST" symbol as shown on Diagram 3 of By-law ###-2022 [Clerks to insert By-law number];

(E) Despite (D) above and Regulations 15.5.40.10(2) to (6), the following equipment and structures may project beyond the permitted maximum height of a building as shown on Diagram 3 of By-law ###-2022 [Clerks to insert By-law number], in accordance with the following:

(i) parapets, planters, and guardrails by a maximum of 2.2 metres;

(ii) parapets for a green roof or any associated elements by a maximum of 2.0 metres;

(iii) structures located on any area of the building as shown on Diagram 3 of By-law ###-2022 [Clerks to insert By-law number] used for elevators overruns and related structural elements as well as structures on any roof used exclusively for the enclosure or storage of mechanical, electrical, or other equipment used for the functional operation of the building, inclusive of a mechanical penthouse, by a maximum of 6.6 metres and may cover no more than 60 percent of the area of the roof of the building, measured horizontally;

(iv) exhaust flues, window washing equipment, and lightning rods by a maximum of 3.0 metres;

(v) pool decks and fences by a maximum of 2.5 metres;

(vi) stair structures or ladders and their associated walls for access to the roof of the building by a maximum of 3.7 metres;

(F) Despite Regulation 15.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is as follows:

(i) The gross floor area of "Building A" as shown on Diagram 3 of By-law ###-2022 [Clerks to insert By-law number] must not exceed 31,300 square metres;

(ii) The gross floor area of "Building B" as shown on Diagram 3 of By-law ###-2022 [Clerks to insert By-law number] must not exceed 200 square metres;

(G) The provision of dwelling units on the lot is subject to the following percentages, rounded up to the nearest whole number:

(i) a minimum of 20 percent must be two-bedroom dwelling units;

(ii) a minimum of 10 percent must be three-bedroom or greater dwelling units;

(H) Despite Clauses 15.10.40.70 and 15.10.40.80, the required minimum building setbacks and the required separation of main walls of a building are as shown in metres on Diagram 3 of By-law ###-2022 [Clerks to insert By-law number];

(I) Despite (H) above and Clause 15.5.40.60, the following elements of a building or structure are permitted to encroach into the required building setbacks shown on Diagram 3 of By-law ###-2022 [Clerks to insert By-law number]:

(i) a balcony and its guard by a maximum of 2.2 metres;

(ii) a canopy and its support by a maximum of 2.3 metres;

(iii) cornices, lighting fixtures, architectural elements by a maximum of 2.0 metres;

(iv) crash wall and structures associated with rail safety mitigation;

(J) Regulations 15.5.50.10(1) and (2) with respect to landscaping requirements for an apartment building do not apply;

(K) Despite Regulations 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 0.25 parking spaces for each dwelling unit for residents;

(ii) a minimum of 0.1 parking spaces for each dwelling unit for residential visitors;

(iii) a minimum of three "car-share parking spaces";

(L) For each "car-share parking space" provided on the lot, the minimum number of required parking spaces for residents required in (K)(i) above, may be reduced by four parking spaces up to a maximum of 12 parking spaces. For the purposes of this exception:

(i) "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 made available to at least the occupants of the building for short term rental, including hourly rental; and

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

(M) Despite Regulations 200.5.1.10(2)(A) and (2)(D), a maximum of five percent of the total number of parking spaces provided on the lot may have a minimum width of 2.6 metres, despite being obstructed on one or both sides;

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

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

(P) Despite Clause 220.5.10.1, one Type "G" loading space is required on the lot; and

(Q) Despite Regulation 230.5.1.10(4)(B), the minimum dimension of a bicycle parking space if placed in a vertical position on a wall, structure, or mechanical device is:

(i) minimum length or vertical clearance of 1.2 metres;

(ii) minimum width of 0.6 metres;

(iii) minimum horizontal clearance of 0.3 metres from a wall.

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

5. 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.

6. Temporary Uses:

(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a temporary sales office that does not exceed a gross floor area of 300 square metres with five parking spaces and one accessible parking space on the lot for a period of not more than three years from the date this By-law comes into full force and effect, used exclusively for the purpose of marketing, sales, and leasing of dwelling units on the site.

7. Section 37 Requirements:

(A) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 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 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 density pursuant to this By-law unless all provisions of Schedule A are satisfied.

Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File PL170525.

SCHEDULE A

Section 37 Requirements

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 whereby the owner agrees as follows:

1. Prior to the issuance of any Building Permit, the owner shall enter into an agreement and the agreement 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 facilities, services or matters set out below:

(A) A cash contribution of $500,000.00 to the City to be paid to the Conseil Scolaire Viamonde (the French Language Public School Board) for capital improvements to the school’s yard, soft landscaping, and repurposing existing paved areas to green space to be designed by the Conseil, and made accessible to the public, all in a manner that demonstrates community benefit with input from the Ward Councillor and the Perth Symington Kingsley Residents Association, with such payment to be made by the owner to the City prior to the earlier of:

(i) the first above-grade building permit for the development; or

(ii) one year from the date that the Zoning By-law is in full force and effect,

Which funds shall be held by the City and, in turn, paid from the City to the Conseil subject to the Conseil entering into a community access agreement satisfactory to the Ward Councillor, in a form acceptable to the City Solicitor;

(B) A cash contribution of $250,000.00 to the City for local capital facilities in the vicinity, with such payment to be made prior to the first above-grade building permit;

(C) A cash contribution of $300,000.00 to the City for capital facilities and/or public realm improvements in the vicinity within Ward 9, with such payment to be made prior to the first above-grade building permit;

(D) A cash contribution of $100,000.00 to the City for local capital facilities in the vicinity, with such payment to be made prior to the first above-grade building permit;

(E) A new private laneway will be introduced along the rear portion of the neighbouring properties that front on Symington Avenue to the north of the mid-rise component of the development and to the south of Kingsley Avenue. The laneway will be subject to an easement for vehicular access in favour of these neighbouring Symington Properties;

2. The cash contributions set out in Subsection 1 above 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 Table: 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.

3. In the event the Cash Contributions in Subsection 1(B), (C), and (D) have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the Cash Contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the property.

ATTACHMENT 3 ZONING BY-LAW AMENDMENT TO BY-LAW NO. 438-86 OF THE FORMER CITY OF TORONTO

Authority: Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File PL170525

CITY OF TORONTO

Bill No. ~

BY-LAW No. ~-2022

To amend the former City of Toronto Zoning By-law No. 438-86, as amended,

with respect to the lands municipally known as,

386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue

Whereas Ontario Land Tribunal Decision issued on___________ and Ontario Land Tribunal Order issued on____________, in File PL70525, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deem it advisable to amend the former City of Toronto Zoning By-law 438-86, as amended, with respect to the lands municipally known in the year 2021 as 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley 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 39 of the Planning Act, 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 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, a by-law under Section 34 of the Planning Act may authorize increases in the height or 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, S.O. 2020, c.18 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, a municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and

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

Whereas the increase in height permitted beyond that otherwise permitted on the aforesaid lands by By-law 438-86, as amended, is to be permitted in return for the provision of the facilities, services and matters set out in this By-law which are secured by one or more agreements between the owner of the land and the City of Toronto.

The Ontario Land Tribunal Orders:

1. District Map Nos. 48 J-322 contained in Appendix “A” forming part of By-law 438-86, being “A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto”, as amended, is further amended by rezoning the lands known municipally in the year 2021 as 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue to “R2 Z0.6” as delineated on Map 2 attached to, and forming part of, this By-law and as shown thereon as R2 Z0.6.

2. None of the provisions of Section 2(1) with respect to the definition of ‘height’, ‘grade’ ‘gross floor area’ and ‘lot’ and Sections 4(1)(a), 4(2)(a), 4(4), 4(6), 4(10), 4(13), 6(1), 6(2), 6(2)20, 6(3) PART I 1, 6(3) PART II, 6(3) PART III, 6(3) PART IV, 12(2) 236 and 12(2) 270 of Zoning By-law 438-86, as amended, being “A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto”, shall apply to prevent the erection and use of an apartment building, detached house and accessory uses on the lot provided that all of the provisions of this By-law are complied with.

3. Except as otherwise provided herein, the provision of By-law 438-86, as amended, continue to apply to the lot.

4. The lot consists of the lands delineated by heavy lines on Map 1, attached hereto.

5. The total residential gross floor areas on the lot shall not exceed 31,500 square metres.

6. A minimum of 20 percent of all dwelling units shall contain at least two-bedrooms and a minimum of 10 percent of all dwelling units shall contain at least three-bedrooms.

7. No part of any building or structure on the lot is located above the maximum height in metres as indicated by the following letters “HT” as shown on Map 3, attached to and forming part of this Bylaw, except:

(a) parapets, planters, and guardrails by a maximum of 2.2 metres;

(b) parapet for a green roof or any associated elements by a maximum of 2.0 metres;

(c) mechanical penthouse, structures on a roof for functional operations of a building and their screening elements, by a maximum of 6.6 metres and may cover no more than 60 percent of the roof area measured horizontally;

(d) exhaust flues, window washing equipment, and lightning rods by a maximum of 3.0 metres;

(e) pool decks and fences by a maximum of 2.5 metres; and

(f) stair structures or ladders and their associated walls for access to rooftop by a maximum of 3.7 metres.

8. No portion of any building or structure erected and used above grade on the lot is located otherwise than wholly within the areas delineated by heavy lines shown on Map 3 attached to, and forming part of, this By-law, except for:

(a) a balcony and its guard by a maximum of 2.2 metres;

(b) a canopy and its support by a maximum of 2.3 metres;

(c) cornices, lighting fixtures, architectural elements by a maximum of 2.0 metres; and

(d) crash wall and structures associated with rail safety mitigation.

9. Parking spaces shall be provided and maintained on the lot in accordance with the following minimum requirements:

(a) a minimum of 0.25 parking spaces for each dwelling unit;

(b) a minimum of 0.1 visitor parking spaces for each dwelling unit; and

(c) a minimum of 3 car-share parking spaces.

10. If the calculation of the number of required parking spaces results in a number with a fraction, the number is rounded down to the nearest whole number.

11. Notwithstanding (9)(a) above, for each on-site car-share parking space provided on the lot, the resident parking requirement shall be reduced by four parking spaces to a maximum of 12 parking spaces.

12. Notwithstanding 4(17), a maximum of 5 percent of the total number of parking spaces may have a minimum width of 2.6 metres, despite being obstructed pursuant to 4(17)(a).

13. An accessible parking space shall have the following minimum dimensions:

(a) length of 5.6 metres;

(b) width of 3.9 metres; and

(c) vertical clearance of 2.1 metres.

14. Accessible parking spaces must be the parking spaces located within 25 metres of a barrier free:

(a) entrance to a building; or

(b) passenger elevator that provides access to the first storey of the building;

15. Bicycle parking spaces for residents and visitor shall be provided and maintained on the lot in accordance with the following minimum requirements:

(a) for residential uses, a minimum of 0.9 bicycle parking spaces shall be provided for each dwelling unit; and

(b) for visitors, a minimum of 0.1 bicycle parking spaces shall be provided for each dwelling unit.

16. A bicycle parking space may be provided in a stacked bicycle parking space with a vertical clearance for each bicycle parking space of 1.2 metres.

17. At least one loading space – type G shall be provided and maintained on the lot.

18. On the lands outlined by heavy black lines on Map 1, a temporary sales office is permitted for a period of not more than 3 years from the date this By-law comes into force and effect, used exclusively for the purpose of marketing, sales, and leasing of dwelling units on the site. A temporary sales office is permitted if the gross floor area of the sales offices does not exceed 300 square metres and 5 parking spaces and 1 accessible parking space are provided on the lot.

19. For the purposes of this By-law, every other word or expression which is italicized herein shall have the same meaning as each word or expression as defined in the aforesaid By-law No. 438-86, as amended, with the exception of the following:

(a) “bicycle parking space” means an area that is equipped with a bicycle rack, locker or bicycle stacker for the purpose of parking and securing bicycles, and

(i) where the bicycles are to be parked on a horizontal surface, has a horizontal dimension of at least 0.6 metres by 1.8 metres and a vertical dimension of at least 1.9 metres; and

(ii) where the bicycles are to be parked in a vertical position, has a length of or vertical clearance of at least 1.2 metres; width of at least 0.4 metres, and horizontal clearance from a wall of at least .03 metres.

(b) “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 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.

(c) “car-share parking space” means a parking space exclusively reserved and actively used for car-sharing.

(d) “height” means the vertical distance between grade and the highest point of the buildings or structures, excluding those permitted exceptions identified in Section 7 of this By-law.

(e) “grade” means 120.9 metres Canadian Geodetic Datum.

(f) “residential gross floor area” means 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:

(i) indoor residential amenity space;

(ii) parking, loading and bicycle parking below established grade;

(iii) parking, loading and bicycle parking at or above grade;

(iv) storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;

(v) shower and change facilities required by this By-law for required bicycle parking spaces;

(vi) elevator shafts;

(vii) garbage shafts;

(viii) mechanical penthouse; and

(ix) exit stairwells in the building.

(g) “lot” means the parcel of land outlined by heavy lines on Map 1 attached to and forming part of this By-law.

(h) “stacked bicycle parking spaces” means a horizontal bicycle parking space that is positioned above or below another bicycle parking space and equipped with a mechanical device providing floor level access to both bicycle parking spaces.

20. Within the lands shown on Map 1 attached to this By-law, no person shall use any land or erect or use any building or structure unless the following municipal services are provided to the lot line and the following provisions are complied with:

(a) all new public roads have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway; and

(b) all water mains and sanitary sewers, and appropriate appurtenances, have been installed and are operational.

21. 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 Map 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, 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, that is/are in a form and registered on title to the lands, to the satisfaction of the City Solicitor;

(b) Where Schedule A of this By-law requires the owner to provide certain facilities, services or matters and to enter into an agreement prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of 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 Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File PL170525.

Schedule A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided by the owner of the lot at its expense to the City in accordance with 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, S.O. 2020, c.18 came into force, in a form satisfactory to the City with conditions providing for indexing escalation of both the financial contributions and letters of credit, development charges, indemnity, insurance, GST, HST, termination and unwinding, and registration and priority of agreement:

1. Prior to the issuance of any Building Permit, the owner shall enter into an agreement 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 community benefits below:

(a) a cash contribution of $500,000.00 to the City to be paid to the Conseil Scolaire Viamonde (the French Language Public School Board) for capital improvements to the school’s yard, soft landscaping, and repurposing existing paved areas to green space to be designed by the Conseil, and made accessible to the public, all in a manner that demonstrates community benefit with input from the Ward Councillor and the Perth Symington Kingsley Residents Association, with such payment to be made by the owner to the City prior to the earlier of:

(i) the first above-grade building permit for the development; or

(ii) one year from the date that the Zoning By-law is in full force and effect,

Which funds shall be held by the City and, in turn, paid from the City to the Conseil subject to the Conseil entering into a community access agreement satisfactory to the Ward Councillor, in a form acceptable to the City Solicitor;

(b) a cash contribution of $250,000.00 to the City for local capital facilities in the vicinity, with such payment to be made prior to the first above-grade building permit;

(c) a cash contribution of $300,000.00 to the City for capital facilities and/or public realm improvements in the vicinity within Ward 9, with such payment to be made prior to the first above-grade building permit;

(d) a cash contribution of $100,000.00 to the City for local capital facilities in the vicinity, with such payment to be made prior to the first above-grade building permit; and

(e) a new private laneway will be introduced along the rear portion of the neighbouring properties that front on Symington Avenue to the north of the mid-rise component of the development and to the south of Kingsley Avenue. The laneway will be subject to an easement for vehicular access in favour of these neighbouring Symington Properties.

2. The cash contribution set out in Subsection 1 above 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 Table: 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.

3. In the event the Cash Contributions in Subsection 1(b), (c), and (d) have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the Cash Contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the property.