Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 11, 2022

CASE NO.: PL161152

EFFECTIVE DATE: August 10, 2022

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

Applicant and Appellant: Fortress Carlyle Peter Street Inc.

Subject: Application to amend Zoning By-law No. 438-86 and 569-2013 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: RA

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit the development of a 46-storey mixed-use building consisting of 435 dwelling units

Property Address/Description: 122-128 Peter Street and 357 Richmond Street West

Municipality: City of Toronto

Municipality File No.: 15 255425 STE 20OZ

OLT Case No.: PL161152

OLT File No.: PL161152

OLT Case Name: Fortress Carlyle Peter St Inc. v. Toronto (City)

BEFORE:

G.C.P. BISHOP ALTERNATE CHAIR

Thursday, the 11th day of August, 2022

THIS MATTER, in respect of the lands at 120-128 Peter Street and 357-359 Richmond Street West (collectively, the “Subject Property”), having been heard at a public hearing on August 6, 2020, and the Local Planning Appeal Tribunal, now the Ontario Land Tribunal (the “Tribunal”) having issued its interim decision on August 14, 2020 (the “Decision”) that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) in Tribunal Case No. PL161152 should be allowed in part, and approving the proposed zoning by-law amendment in principle;

AND THE TRIBUNAL having withheld its final order, pending the satisfaction of conditions included at Paragraph 16 of the Decision, including the receipt of the final form of the Zoning By-law Amendments in respect of the Subject Property;

AND THE TRIBUNAL now having received confirmation from the Appellant and the City of Toronto of the fulfillment of the conditions of the Decision, including confirmation of the final form of the Zoning By-law Amendments, satisfactory to the City of Toronto, attached hereto as Schedule “A” and Schedule “B”;

THE TRIBUNAL ORDERS that the Appeal is allowed in part, and that City of Toronto Zoning By-law No. 569-2013, as amended, and City of Toronto Zoning By-law No. 438-86, as amended, are hereby amended in the manner set out in Schedule “A” and Schedule “B” to this Order;

AND PURSUANT TO RULE 24.3 OF THE TRIBUNAL’S RULES this Order is effective on August 10, 2022.

AND THE TRIBUNAL ORDERS that the municipal clerk is authorized to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.

AND THE TRIBUNAL ORDERS that it may be spoken to in the event any matter arises in connection with the implementation of this Order.

This is the Order of the Tribunal.

“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.

SCHEDULE A

Authority: Ontario Land Tribunal Decision issued on August 14, 2020 and Order issued August 11, 2022 in Ontario Land Tribunal File PL161152

CITY OF TORONTO

BY-LAW No. XXXX -2022 (OLT)

To amend the general Zoning By-law No. 438-86, as amended, of the former City of Toronto with respect to the lands municipally known as 120, 122, 124, 126 and 128 Peter Street, and 357 and 359 Richmond Street West

Whereas the Ontario Land Tribunal, formerly the Local Planning Appeal Tribunal, by its Order issued August 11, 2022 in File PL161152, approved amendments to amend former City of Toronto Zoning By-law 438-86, as amended, with respect to the lands known municipally as 120, 122, 124, 126 and 128 Peter Street, 357 and 359 Richmond Street West; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended to pass this 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 Section 17 to the COVID-19 Economic Recovery Act, 2020 came into force shall continue to apply to a by-law passed pursuant to the repealed Section 37 (1) prior to the date that a municipality passes a community benefits charge By-law and this By-law was passed prior to that date; and

Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

Whereas subsection 37(3) of the Planning Act provides that where an owner of 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 former City of Toronto Zoning By-law 438-86, 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;

The Ontario Land Tribunal Orders:

1. Except as otherwise provided herein, the provisions of former City of Toronto By-law No. 438-86, as amended, shall continue to apply to the lot.

2. None of the provisions of Section (2)(1) with respect to the definitions of commercial parking garage, height, grade, lot, non-residential gross floor area, and residential gross floor area, and Sections 4(2)(a), 4(5), 4(8), 4(9), 4(10), 4(11)(b) and (c), 4(12), 4(13), 7(3) Part I, 7(3) Part II, 7(3) Part III, 7(3) Part IV, 12(2)(132), 12(2)(204), 12(2)(246), 12(2)(270), 12(2)(339) and 12(2)380 of By-law No. 438-86, as amended, of the former City of Toronto, being "A by-law to regulate the use of land and the erection use, bulk, height, spacing of land and other matters relating to the 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 or use of a mixed-use building on the lands municipally known as 120, 122, 124, 126 and 128 Peter Street and 357 and 359 Richmond Street West provided that:

(a) the lot comprises the lands delineated by heavy black lines on Map 1 attached to of this By-law;

(b) in addition to those uses permitted pursuant to Section 7(1) of By-law 438-86, as amended, a commercial parking garage, car-share parking and a temporary sales office are also permitted uses on the lot;

(c) the total combined residential gross floor area and non-residential gross floor area of all buildings and structures on the lot, excluding the gross floor area associated with the commercial parking garage, shall not exceed a maximum of 23,100 square metres, of which:

(i) the total residential gross floor area shall not exceed 22,800 square metres; and

(ii) the total non-residential gross floor area shall not exceed 6,300 square metres and shall exclude the gross floor area associated with the commercial parking garage;

(d) dwelling units on the lot shall include:

(i) a minimum of 20 percent of the total number of dwelling units shall contain two bedrooms;

(ii) a minimum of 10 percent to the total number of dwelling units shall contain three bedrooms; and

(iii) in the event that the calculation of the number of proposed dwelling units with two or three bedrooms results in a number with a fraction, the number of dwelling units shall be rounded up to the next whole number;

(e) no portion of any building or structure erected on the lot shall have a greater height in metres than the height limits specified by the numbers following the letter "H" identified on Map 2 attached to this By-law, with the exception of the following:

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

(ii) structures and elements used for green roof purposes, mechanical elements, mechanical intake and exhaust ventilations, chimneys, garbage chutes, light fixtures, signage, lightning rods, green energy and renewable energy facilities (such as solar panels) by a maximum of 2.0 metres;

(iii) parapets, exterior cladding elements, ornamental or architectural features, dormers, planters, water features, bollards, fences, terrace dividers, privacy and architectural screens, outdoor furniture, artworks, by a maximum of 2.5 metres;

(iv) access to rooftops and terraces such as access hatches, stairs, ladders, ramps, elevator overruns, guardrails, railings and safety railings by a maximum of 3.0 metres;

(v) structures and elements for pool and pool accessories, cabanas, pergolas, trellises, by a maximum of 3.6 metres;

(vi) emergency generator and support structures by a maximum of 4 metres;

(vii) structures, elements and architectural features for wind mitigation and window washing equipment by a maximum of 5.5 metres; and

(viii) cooling towers and support structures by a maximum of 6.0 metres;

(f) notwithstanding Section (e) above and with the exception of wind mitigation features, safety railings, lightning rods and window washing equipment which may project vertically to the maximum extent described in Section (e) above, and flight warning fixtures, nothing can project beyond a maximum height of 123.55 metres on the north side of the building and a maximum height of 141.36 metres on the south side of the building in the area illustrated as ‘Sloped Roof’ on Map 2 attached to this By-law;

(g) notwithstanding Section (e) above, only equipment used for the functional operation of the heritage building(s) such as, but not limited to, venting, mechanical elements generators, telecommunication infrastructure, and chimney stacks, and such elements provided as part of an approved conservation plan for the heritage building(s), may project above the height limits of 11.5 metres and 12 metres illustrated on Map 2 attached to this By-law. For the purposes of interpreting this By-law, the 11.5 metre and 12 metre height limits apply to the extent of the heritage buildings illustrated on Map 3 attached to this By-law;

(h) no portion of any building or structure erected above finished ground level on the lot, shall be located otherwise than wholly within the heavy lines identified on Map 2 attached to this By-law;

(i) a required minimum building setback of 10 metres from the north property line along Richmond Street West and 16 metres from the west property line shall be provided at a height from 12 metres to 16 metres above the heritage building situated on the north portion of the lot, in the area of the dashed line as shown in metres on Map 3 attached to this By-law;

(j) a required minimum building setback of 11 metres from the east property line along Peter Street and 20 metres from the south property line shall be provided at a height from 12 metres to 16 metres above the heritage building on the east portion of the lot, in the area of the dashed line as shown in metres on Map 3 attached to this By-law;

(k) notwithstanding Sections (h), (i) and (j) above, the following structures and elements may extend beyond the heavy lines identified on Map 2 attached to this By-law:

(i) lighting fixtures, signage and directory pylons, street furniture, fire hose connections, gas meters, canopies, including supporting structures, awnings, lighting trellises, guardrails, balustrades, railings, stairs, stair enclosures, wheel chair ramps, vents, ramps to underground parking areas and associated enclosures, piers and sun-shades, landscape and green roof elements, wind mitigation structures, covers over walkways, privacy screens, planters, fencing, bollards, safety railings, trellises, guards, retaining walls, bicycle parking facilities, ornamental or architectural features, art installations, and cladding added to the exterior surface of a main wall;

(ii) balconies to a maximum of 1 metre;

(iii) cornices, sills and eaves to a maximum of 0.5 metres; and

(iv) equipment used for the functional operation of the heritage building(s) and such elements provided as part of an approved conservation plan for the heritage building(s);

(l) notwithstanding Sections (h), (i), (j) and (k) above, balcony encroachments are not permitted within the balcony restriction zones on the east and west sides of the building in the areas illustrated with the hatched lines on Map 3 attached to this By-law;

(m) residential amenity space shall be provided and maintained on the lot in accordance with the following:

(i) if the building contains a hotel use:

A. a minimum of 3.43 square metres of indoor residential amenity space per dwelling unit, of which 1.40 square metres per dwelling unit is for the exclusive use of residents, and the balance may be accessible to hotel users; and

B. a minimum of 1.59 square metres of outdoor residential amenity space per dwelling unit, of which 0.83 square metres per dwelling unit is for the exclusive use of residents, and the balance may be accessible to hotel users;

(ii) if the building does not contain a hotel use:

A. a minimum of 2.1 square metres of indoor residential amenity space per dwelling unit; and

B. a minimum of 1.9 square metres of outdoor residential amenity space per dwelling unit;

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

(iv) when calculating the provision in square metres of indoor residential amenity space, the area is measured as the area bounded by the interior surface of demising walls separating residential amenity space from other spaces and the interior surface of all exterior walls, and includes areas within the residential amenity space occupied by mechanical/utility and structural columns;

(n) parking spaces shall be provided and maintained on the lot in accordance with the following:

(i) a minimum of 0.17 parking spaces for each dwelling unit for residents;

(ii) no residential visitor parking spaces are required;

(iii) 0.2 parking spaces per 100 square metres of floor area for hotel uses up to a maximum of 14 parking spaces;

(iv) with the exception of Sections (n)(iii) above and (n)(v) below, no parking spaces are required for non-residential uses;

(v) if the building contains a hotel use a minimum of 2 parking spaces must be provided for pick-up and drop-off for the hotel use; and

(vi) up to 35 of the resident parking spaces required in Section (n)

(i) above may be provided and maintained as off-site parking spaces on the lands municipally known in the year 2017 as 102-118 Peter Street and 350 - 354 Adelaide Street West and illustrated on Map 1 of By-law 1470-2017;

(o) notwithstanding Section 4(17) of By-law 438-86, as amended, 5 of the parking spaces may be provided with a minimum length of 5.6 metres and a minimum width of 2.6 metres when obstructed on one side;

(p) loading spaces shall be provided and maintained on the lot in accordance with the following:

(i) a minimum of one loading space – type G

(q) bicycle parking spaces shall be provided and maintained on the lot in accordance with the following:

(i) a minimum of 0.9 long term bicycle parking spaces per dwelling unit;

(ii) a minimum of 0.1 short term bicycle parking spaces per dwelling unit;

(iii) a minimum of 14 long term bicycle parking spaces are required for occupants of non-residential uses on the lot;

(iv) no bicycle parking spaces are required for visitors of non-residential uses on the lot;

(v) bicycle parking spaces may be located below or above grade;

(vi) bicycle parking spaces may be provided as stacked bicycle parking spaces;

(vii) if a stacked bicycle parking space is provided, the minimum vertical clearance for each bicycle parking space is 1.2 metres and the minimum width is 0.45 metres; and

(viii) if the calculation of the minimum bicycle parking spaces results in a fraction of a bicycle parking space being required, the number of required bicycle parking spaces shall be rounded up to the next whole number;

(r) Notwithstanding the definition of bicycle parking space-occupant and bicycle parking space-visitor in Section 2(1) of By-law 438-86, as amended, a bicycle parking space may have a minimum width of 0.45 metres;

(r) a privately owned publicly-accessible open space with a minimum area of 100 square metres shall be provided on the ground level generally in the location identified on Map 3 attached to this By-law;

3. None of the provisions of this By-law or By-law No. 438-86 as amended, apply to prevent the erection and use of a temporary sales office on the lot.

4. For the purposes of this By-law, all italicized words and expressions have the same meanings as defined in By-law No. 438-86, as amended, with the exception of the following which shall have the meaning stated herein:

“commercial parking garage” means premises having an area for the parking of one or more vehicles as a principal use and the parking of a vehicle is available for public use with or without a fee;

“car-share or car-sharing” 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 payment of a membership fee that may or may not be refundable;

“car-share parking space” means a parking space exclusively reserved and signed for a car used only for car-share purposes;

“grade” means 88.30 metres Canadian Geodetic Datum;

"green roof" means 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.

“height” means the vertical distance between grade and the highest point of the building or structure on the lot except for those elements prescribed by this By-law;

"lot" means the lands delineated by heavy black lines on Map 1 attached to this By-law;

"non-residential gross floor area" means the aggregate of the areas of each floor and the spaces occupied by walls and stairs, above or below grade, of a non-residential building or the non-residential portion of a mixed-use building, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, exclusive of the following areas:

(i) parking, loading and bicycle parking below-ground;

(ii) open to below areas within the building, void space;

(iii) required loading spaces on the ground level and required bicycle parking spaces or stacked bicycle parking spaces at or above-ground;

(iv) areas used to access parking spaces and loading spaces, including but not limited to loading space - type G;

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

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

(vii) elevator shafts;

(viii) garbage shafts;

(ix) mechanical penthouse; and,

(x) exit stairwells in the building.

"privately-owned publicly accessible open space" means a space on the lot situated at ground level that is accessible to the public, secured through appropriate legal agreements and may include pedestrian walkways, seating areas, landscaped plaza, landscape elements, short term bicycle parking and is used principally for the purpose of sitting standing and other recreational uses;

"residential gross floor area" means the aggregate of the areas of each floor and the spaces occupied by walls and stairs, above or below grade, of a residential building or the residential portion of a mixed-use building, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, exclusive of the following areas:

(i) parking, loading and bicycle parking below-ground;

(ii) open to below areas within the building and void space;

(iii) required loading spaces on the ground level and required bicycle parking spaces or stacked bicycle parking spaces at or above-ground;

(iv) areas used to access parking spaces and loading spaces, including but not limited to loading space - type G;

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

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

(vii) indoor residential amenity space required by this By-law;

(viii) elevator shafts;

(ix) garbage shafts;

(x) mechanical penthouse; and,

(xi) exit stairwells in the building;

"stacked bicycle parking space" 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;

"temporary sales office” means a building, structure, facility or trailer on the lot used for the purpose of the sale or lease of dwelling units or the non-residential gross floor area to be erected on the lot.

5. Notwithstanding any existing or future severances, partition or division of the lot, the provisions of this By-law shall apply to the whole of the lot as if no severance, partition or division occurred.

6. 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 on the lot 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.

7. 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 development is permitted beyond that otherwise permitted on the lands shown on Map 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 Appendix 1 of this By-law and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act, as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, 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 Appendix 1 of this By-law requires the owner to provide certain facilities, services or matters and enter into and register an agreement prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of same.

(c) The owner shall not use, or permit the use of, a building or structure erected with an increase in height or density pursuant to this By-law unless all provisions of Appendix 1 of this By-law are satisfied.

Ontario Land Tribunal Decision issued on August 14, 2020 and Order issued August 11, 2022 in Tribunal File PL161152

APPENDIX 1

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City at the owner's expense in return for the increase in height and density of the proposed development on the lands as shown on Map 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:

Financial Contribution

(1) On the date of the issuance of the Ontario Land Tribunal’s final Order, the owner shall make a financial contribution in the amount of one million seven hundred thousand dollars ($1,700,000.00 CAN) to be provided to the City for the following capital improvements payable by certified cheque to the Treasurer, City of Toronto, and to be allocated at the discretion of the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor as follows:

(a) $1,360,000.00 towards public realm improvements within the block bounded by Spadina Avenue, Peter Street, Adelaide Street West and Richmond Street West;

(b) $170,000.00 towards the provision of new rental housing units in Ward 10, to be directed to the Capital Revolving Fund for Affordable Housing; and

(c) $170,000.00 towards the Toronto Community Housing revolving capital fund for repairs to Toronto Community Housing properties in Ward 10,

such amounts to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the day the payment is made.

(2) In the event the financial contributions referred to in Clause (1) of this Schedule A have not been used for the intended purpose within five (5) years of the By-law coming into full force and effect, the financial contributions may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director City Planning Division, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lot.

The owner shall provide the following to support the development of the lands

Privately-Owned Publicly Accessible Open Space

(3) Prior to the earlier of condominium registration of one (1) year following any non-residential or residential use or occupancy, including interim occupancy pursuant to the Condominium Act, 1998, on the lot, except as otherwise agreed by the Chief Planner and Executive Director, City Planning Division due to unforeseen delays (eg. weather), the owner shall:

(a) construct and maintain an area of not less than 100 square metres at grade for use by the general public as privately-owned publicly accessible open space, along the west side of the site in a location generally as shown on Map 3 of this By-law with the specific design of the privately-owned publicly accessible open space to be determined in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor; and

(b) prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, at no cost at an-grade pedestrian access easement, including support rights, in perpetuity in favour of the City over the privately-owned publicly accessible open space, on terms set out in the Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning Division.

Heritage Matters

(4) Prior to the issuance of the final Order by the Ontario Land Tribunal, the owner shall:

(a) provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West prepared by GBCA Architects dated August 4, 2021, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

(b) enter into Heritage Easement Agreements with the City for the properties at 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West, substantially in accordance with the plans and drawings prepared by BDP Architects Limited dated 2021-06-11, and on file with the Senior Manager, Heritage Preservation Services, and the Heritage Impact Assessment (HIA), prepared by GBCA Architects dated August 4, 2021, and in accordance with the approved Conservation Plan required in Clause (4) a. of this Appendix 1 to the satisfaction of the Senior Manager, Heritage Preservation Services, including execution of such Agreements, with such Agreements to be subsequently registered on title to the properties at 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West to the satisfaction of the City Solicitor.

(5) Prior to final Site Plan approval for the proposed development for the properties located at 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West, the owner shall:

(a) provide final site plan drawings including drawings related to the approved Conservation Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

(b) provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

(c) provide a Heritage Lighting Plan that describes how the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

(d) provide a detailed Landscape Plan for the subject properties satisfactory to the Senior Manager, Heritage Preservation Services; and

(e) submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services.

(6) Prior to the issuance of any permit for all or any part of the properties at 120, 122, and 124 Peter Street and 357 and 359 Richmond Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

(a) obtain final approval for the necessary by-law amendments required for the alterations to the properties at 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West, such amendments to have come into effect in a form and with content acceptable to the Chief Planner, and the Executive Director, City Planning Division, in consultation with the Senior Manager, Heritage Preservation Services;

(b) provide building permit drawings for the subject Heritage Conservation Work and the Permitted Alterations, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan, 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 Preservation Services; and

(c) provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan.

(7) Prior to the release of the Letter of Credit the owner shall:

(a) have obtained final Site Plan approval for the proposed development, issued by the Chief Planner and Executive Director, City Planning Division;

(b) provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan, and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

(c) provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

(8) The owner shall not object to the designation of the properties at 120, 122, and 124 Peter Street and 357 and 359 Richmond Street West under Part IV, Section 29 of the Ontario Heritage Act.

Design Matters

(9) Prior to Site Plan approval, the owner shall provide architectural elevation drawings with building materials, colours and finishes illustrated and labelled that incorporates the following:

(a) the materiality for the podium component to be sympathetic and compatible to the heritage buildings to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

(b) the materiality for the east and west elevations of the tower component to incorporate a curtain wall system or a hybrid wall system, or such alternative system to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

(c) the materiality of the underside of the tower (soffit) to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

(d) the design of the tower, inclusive of the mechanical penthouse, will ensure that shadows are not cast from the development on the north sidewalk of Queen Street West beyond 12:00 p.m., to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

(10). The owner shall incorporate in the construction of the building and thereafter maintain the Approved Design Details as set out in Clause (9) of this Appendix to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

Construction Management Plan

(11) Prior to the issuance of a building permit the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the General Manager Transportation Services and the Chief Building Official and Executive Director Toronto Building, in consultation with the owner of the lands municipally known as 401 Richmond Street West and the Ward Councillor and thereafter in support of the development will implement the plan during the course of construction. The Construction Management Plan will include but not limited to; details regarding the size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information and any other matters deemed necessary.

SCHEDULE B

Authority: Ontario Land Tribunal Decision issued on August 14, 2020 and Order issued XXXXX XX, XXXX in Ontario Land Tribunal File PL161152

CITY OF TORONTO

BY-LAW No. XXXX -2022 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 120, 122, 124, 126 and 128 Peter Street and 357 and 359 Richmond Street West

Whereas the Ontario Land Tribunal, formerly the Local Planning Appeal Tribunal, by its Order issued XXXXX XX, XXXX in File PL161152, approved amendments to amend City of Toronto Zoning By-law 569-2013, as amended, with respect to the lands known municipally as 120, 122, 124, 126 and 128 Peter Street, 357 and 359 Richmond Street West; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended to pass this 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 Section 17 to the COVID-19 Economic Recovery Act, 2020 came into force shall continue to apply to a by-law passed pursuant to the repealed Section 37 (1) prior to the date that a municipality passes a community benefits charge By-law and this By-law was passed prior to that date; and

Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

Whereas subsection 37(3) of the Planning Act provides that where an owner of 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 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;

The Ontario Land Tribunal Orders:

1. The lands, or lot, 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 a zone label of CRE to a zone label of CRE (x 51) as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.12.10 Exception Number 51.

(51) Exception CRE 51

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 120, 122, 124, 126 and 128 Peter Street and 357 and 359 Richmond Street West, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a mixed use building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (DD) below:

(B) Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 88.30 metres and the elevation of the highest point of the building or structure;

(C) In addition to the permitted uses listed in Regulations 50.10.20.10 (1) and 50.10.20.20 (1) the following additional uses are permitted:

(i) public parking;

(ii) car-share; and

(iii) temporary sales facility;

(D) Despite Regulation 50.10.40.10 (1) and (2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert By-law ##];

(E) Despite Regulations 50.5.40.10 (3) to (8) and 50.10.40.10 (2) and (3) 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) structures and elements related to outdoor flooring and roofing assembly by a maximum of 0.5 metres;

(ii) structures and elements used for green roof purposes, mechanical elements, mechanical intake and exhaust ventilations, chimneys, garbage chutes, light fixtures, signage, lightning rods, green energy and renewable energy facilities (such as solar panels) by a maximum of 2.0 metres;

(iii) parapets, exterior cladding elements, ornamental or architectural features, dormers, planters, water features, bollards, fences, terrace dividers, privacy and architectural screens, outdoor furniture, artworks, by a maximum of 2.5 metres;

(iv) access to rooftops and terraces such as access hatches, stairs, ladders, ramps, elevator overruns, guardrails, railings and safety railings by a maximum of 3.0 metres;

(v) structures and elements for pool and pool accessories, cabanas, pergolas, trellises, by a maximum of 3.6 metres;

(vi) emergency generator and support structures by a maximum of 4 metres;

(vii) structures, elements and architectural features for wind mitigation and window washing equipment by a maximum of 5.5 metres; and

(viii) cooling tower and support structures by a maximum of 6.0 metres;

(F) Despite (E) above and with the exception of wind mitigation features, safety railings, lightning rods and window washing equipment which may project vertically to the maximum extent described in (E) above, and flight warning fixtures, nothing can project beyond a maximum height of 123.55 metres on the north side of the building and a maximum height of 141.36 metres on the south side of the building in the area illustrated as ‘Sloped Roof’ on Diagram 3 of By-law [Clerks to insert By-law ####];

(G) Despite (E) above, only equipment used for the functional operation of the heritage building(s) such as, but not limited to, venting, mechanical elements generators, telecommunication infrastructure, and chimney stacks, and such elements provided as part of an approved conservation plan for the heritage building(s), may project above the height limits of 11.5 metres and 12 metres illustrated on Diagram 3 of By-law [Clerks to insert By-law ####].

(i) For the purposes of interpreting this By-law, the 11.5 metre and 12 metre height limits apply to the extent of the heritage buildings illustrated on Diagram 4 of By-law [Clerks to insert By-law ####];

(H) Despite Regulation 50.5.1.10 (3) and 50.5.40.40 (3) the permitted maximum gross floor area of all buildings and structures on the lot is 23,100 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 22,800 square metres; and

(ii) the permitted maximum gross floor area for non-residential uses is 6,300 square metres, excluding the gross floor area associated with the public parking use;

(I) In addition to the elements which reduce gross floor area listed in Regulation 50.5.40.40(3), the following elements also reduce the gross floor area of a building:

(i) areas used to access parking spaces and loading spaces; and

(ii) open to below areas within the building, void space;

(J) Dwelling units on the lot must include:

(i) a minimum of 20 percent of the total number of dwelling units must contain two bedrooms;

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

(iii) in the event that the calculation of the number of proposed dwelling units with two or three bedrooms results in a number with a fraction, the number of dwelling units shall be rounded up to the next whole number;

(K) Despite Regulation 50.10.40.50(1), amenity space on the lot must be provided at the following rates:

(i) if the building contains a hotel use:

(a) at least 3.43 square metres for each dwelling unit as indoor amenity space of which a minimum of 1.4 square metres per dwelling unit is for the exclusive use of residents, and the balance may be accessible to hotel users; and

(b) at least 1.59 square metres for each dwelling unit as outdoor amenity space of which a minimum of 0.83 square metres per dwelling unit is for the exclusive use of residents, and the balance may be accessible to hotel users;

(ii) if the building does not contain a hotel use:

(a) at least 2.1 square metres for each dwelling unit as indoor amenity space; and

(b) at least 1.9 square metres for each dwelling unit as outdoor amenity space;

(iii) when calculating the provision in square metres of indoor amenity space, the area is measured as the area bounded by the interior surface of demising walls separating amenity spaces from other spaces and the interior surface of all exterior walls, and includes areas within the amenity space occupied by mechanical/utility and structural columns;

(L) Despite Clauses 50.10.40.70, 50.10.40.71, 50.10.40.80 and 50.10.40.81 the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];

(M) A required minimum building setback of 10 metres from the north property line along Richmond Street West and 16 metres from the west property line must be provided at a height from 12 metres to 16 metres above the heritage building situated on the north portion of the lot, in the area of the dashed line as shown in metres on Diagram 4 of By-law [Clerks to insert By-law ##];

(N) A required minimum building setback of 11 metres from the east property line along Peter Street and 20 metres from the south property line must be provided at a height from 12 metres to 16 metres above the heritage building on the east portion of the lot, in the area of the dashed line as shown in metres on Diagram 4 of By-law [Clerks to insert By-law ##]

(O) Despite Clause 50.10.40.60 and (L), (M) and (N) above, the following elements may encroach into the required minimum building setbacks as follows:

(i) lighting fixtures, signage and directory pylons, street furniture, fire hose connections, gas meters, canopies, including supporting structures, awnings, lighting trellises, guardrails, balustrades, railings, stairs, stair enclosures, wheel chair ramps, vents, ramps to underground parking areas and associated enclosures, piers and sun-shades, landscape and green roof elements, wind mitigation structures, covers over walkways, privacy screens, planters, fencing, bollards, safety railings, trellises, guards, retaining walls, bicycle parking facilities, ornamental or architectural features, and art installations, and cladding added to the exterior surface of a main wall;

(ii) balconies to a maximum of 1 metre;

(iii) cornices, sills and eaves to a maximum of 0.5 metres; and,

(iv) equipment used for the functional operation of the heritage building(s) and such elements provided as part of an approved conservation plan for the heritage building(s);

(P) Despite (L), (M), (N) and (O) above, balcony encroachments are not permitted within the balcony restriction zones on the east and west sides of the building in the area illustrated with the hatched lines on Diagram 4 of By-law [Clerks to insert By-law ##];

(Q) Despite Regulations 50.5.80.10 (1), 200.5.1 (2), and 200.5.10.1 (1) and (5), Clause 200.20.10, and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

(i) a minimum of 0.17 residential occupant parking spaces for each dwelling unit;

(ii) no residential visitor parking spaces are required;

(iii) 0.2 parking spaces per 100 square metres of floor area for hotel uses up to a maximum of 14 parking spaces;

(iv) with the exception of (iii) above and (v) below, no parking spaces are required for non-residential uses;

(v) if the building contains a hotel use a minimum of 2 parking spaces must be provided for pick-up and drop-off for the hotel use; and

(vi) up to 35 of the residential occupant parking spaces required in (Q) (i) above may be provided and maintained as off-site parking spaces on the lands municipally known in the year 2017 as 102- 118 Peter Street and 350 - 354 Adelaide Street West and illustrated on Diagram 1 of By-law 1471-2017;

(R) Despite Regulation 200.5.1.10(2)(A)(iv), five of the required parking spaces may be obstructed on one side as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed side of the parking space;

(S) Regulation 200.5.1.10(12)(C) with respect to the width of driveways and the location of a vehicle entrance or exit does not apply;

(T) Despite Regulation 200.5.1.10(13), access to parking spaces may be from a vehicle elevator;

(U) Car Share:

a) For the purpose of this exception, "car share" means the practice whereby a number of people share the use of one or more cars that are owned and operated by a profit or non-profit car-sharing organization;

(V) Despite Regulations 220.5.1(2) and 220.5.1.10 (1) and Clause 220.5.10.1 one (1) Type "G" loading space must be provided and maintained on the lot;

(W) Despite of Regulation 50.10.90.40, a loading space may be accessed from a major street;

(X) Despite Regulation 230.5.1.10 (4)(A)(ii) and 230.5.1.10 (4)(B)(ii), minimum width of a bicycle parking space may be 450 mm;

(Y) Despite Regulation 230.5.1.10 (9)(A) (iii) and (B) (iii) required "long term" bicycle parking spaces may be located on any level of the building below-ground regardless of how much floor area is occupied by bicycle parking spaces.

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

(AA) A "privately owned publicly-accessible open space" with a minimum area of 100 square metres must be provided on the ground level generally as shown within the area identified on Diagram 4 of By-law [Clerk to insert By-law ##];

(i) for the purpose of this exception, "privately owned publicly-accessible open space" means a space on the lot situated at ground level that is accessible to the public, secured through appropriate legal agreements and may include pedestrian walkways, seating areas, landscaped plaza, landscape elements, short term bicycle parking required by By-law [Clerks to insert By-law ##], and is used principally for the purpose of sitting, standing and other recreational purposes.

(BB) Section 600.10 Building Setback Overlay District Map does not apply;

(CC) Regulation 50.10.40.30(1) does not apply;

(DD) Regulation 50.10.40.1(4)(A) does not apply;

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. For the purpose of this exception "temporary sales facility means a building or structure, used exclusively for the sale/and or leasing of dwelling units or non-residential gross floor area to be erected on the lot;

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 of 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 of this by-law requires the owner to provide certain facilities, services or matters and enter into an agreement or agreements prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same; 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 August 14, 2020, and Order issued xxxxx

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:

Financial Contribution

(1) On the date of the issuance of the Ontario Land Tribunal’s final Order, the owner shall make a financial contribution in the amount of one million seven hundred thousand dollars ($1,700,000.00 CAN) to be provided to the City for the following capital improvements payable by certified cheque to the Treasurer, City of Toronto, and to be allocated at the discretion of the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor as follows:

a. $1,360,000.00 towards public realm improvements within the block bounded by Spadina Avenue, Peter Street, Adelaide Street West and Richmond Street West;

b. $170,000.00 towards the provision of new rental housing units in Ward 10, to be directed to the Capital Revolving Fund for Affordable Housing; and

c. $170,000.00 towards the Toronto Community Housing revolving capital fund for repairs to Toronto Community Housing properties in Ward 10,

such amounts to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the day the payment is made.

(2) In the event the financial contributions referred to in Clause (1) of this Schedule A have not been used for the intended purpose within five (5) years of the By-law coming into full force and effect, the financial contributions may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director City Planning Division, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lot.

The owner shall provide the following to support the development of the lands

Privately-Owned Publicly Accessible Open Space

(3) Prior to the earlier of condominium registration of one (1) year following any non-residential or residential use or occupancy, including interim occupancy pursuant to the Condominium Act, 1998, on the lot, except as otherwise agreed by the Chief Planner and Executive Director, City Planning Division due to unforeseen delays (eg. weather), the owner shall:

a. construct and maintain an area of not less than 100 square metres at grade for use by the general public as privately-owned publicly accessible open space, along the west side of the site in a location generally as shown on Diagram 4 of this By-law with the specific design of the privately-owned publicly accessible open space to be determined in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor; and

b. prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the City Solicitor at no cost at an-grade public pedestrian access easement, including support rights, in perpetuity in favour of the City over the privately-owned publicly accessible open space, on terms set out in the Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning Division.

Heritage Matters

(4) Prior to the issuance of the final Order by the Ontario Land Tribunal, the owner shall:

a. provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West prepared by GBCA Architects dated August 4, 2021, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

b. enter into Heritage Easement Agreements with the City for the properties at 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West, substantially in accordance with the plans and drawings prepared by BDP Architects Limited dated 2021-06-11, and on file with the Senior Manager, Heritage Preservation Services, and the Heritage Impact Assessment (HIA), prepared by GBCA Architects dated August 4, 2021, and in accordance with the approved Conservation Plan required in Clause (4) a. of this Schedule A to the satisfaction of the Senior Manager, Heritage Preservation Services, including execution of such Agreements, with such Agreements to be subsequently registered on title to the properties at 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West to the satisfaction of the City Solicitor.

(5) Prior to final Site Plan approval for the proposed development for the properties located at 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West, the owner shall:

a. provide final site plan drawings including drawings related to the approved Conservation Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

b. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

c. provide a Heritage Lighting Plan that describes how the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

d. provide a detailed Landscape Plan for the subject properties satisfactory to the Senior Manager, Heritage Preservation Services; and

e. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services.

(6) Prior to the issuance of any permit for all or any part of the properties at 120, 122, and 124 Peter Street and 357 and 359 Richmond Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

a. obtain final approval for the necessary by-law amendments required for the alterations to the properties at 120, 122 and 124 Peter Street and 357 and 359 Richmond Street West, such amendments to have come into effect in a form and with content acceptable to the Chief Planner, and the Executive Director, City Planning Division, in consultation with the Senior Manager, Heritage Preservation Services;

b. provide building permit drawings for the subject Heritage Conservation Work and the Permitted Alterations, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan, 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 Preservation Services; and

c. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan.

(7) Prior to the release of the Letter of Credit the owner shall:

a. have obtained final Site Plan approval for the proposed development, issued by the Chief Planner and Executive Director, City Planning Division;

b. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan, and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

c. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

(8) The owner shall not object to the designation of the properties at 120, 122, and 124 Peter Street and 357 and 359 Richmond Street West under Part IV, Section 29 of the Ontario Heritage Act.

Design Matters

(9) Prior to Site Plan approval, the owner shall provide architectural elevation drawings with building materials, colours and finishes illustrated and labelled that incorporates the following:

a. the materiality for the podium component to be sympathetic and compatible to the heritage buildings to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

b. the materiality for the east and west elevations of the tower component to incorporate a curtain wall system or a hybrid wall system, or such alternative system to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

c. the materiality of the underside of the tower (soffit) to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

d. the design of the tower, inclusive of the mechanical penthouse, will ensure that shadows are not cast from the development on the north sidewalk of Queen Street West beyond 12:00 p.m., to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

(10). The owner shall incorporate in the construction of the building and thereafter maintain the Approved Design Details as set out in Clause (9) of this Schedule to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

Construction Management Plan

(11) Prior to the issuance of a building permit the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the General Manager Transportation Services and the Chief Building Official and Executive Director Toronto Building, in consultation with the owner of the lands municipally known as 401 Richmond Street West and the Ward Councillor and thereafter in support of the development will implement the plan during the course of construction. The Construction Management Plan will include but not limited to; details regarding the size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information and any other matters deemed necessary.