1 Front Street West Holdings Inc. v. Toronto (City), 2022 CanLII 73936

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 9, 2022

CASE NO.: OLT-22-002857 OLT-22-002858 OLT-22-002859 (Formerly PL190501)

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

Applicant/Appellant: 1 Front Street West Holdings Inc.

Subject: Request to amend the Official Plan – Refusal of request

Description: To permit the development of two towers on top of the 5-storey heritage designated - Dominion Public Building

Reference Number: 18 199835 STE 28 OZ

Property Address: 1 Front Street West

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002857

Legacy Case No: PL190501

OLT Lead Case No: OLT-22-002857

Legacy Lead Case No: PL190501

OLT Case Name: 1 Front Street West Holdings Inc. v. Toronto (City)

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

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit the development of two towers on top of the 5-storey heritage designated - Dominion Public Building

Reference Number: 18 199835 STE 28 OZ

Property Address: 1 Front Street West

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002858

Legacy Case No: PL190502

OLT Lead Case No: OLT-22-002857

Legacy Lead Case No: PL190501

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

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit the development of two towers on top of the 5-storey heritage designated - Dominion Public Building

Reference Number: 18 199835 STE 28 OZ

Property Address: 1 Front Street West

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002859

Legacy Case No: PL190503

OLT Lead Case No: OLT-22-002857

Legacy Lead Case No: PL190501

BEFORE:

JATINDER BHULLAR MEMBER

Tuesday, the 9th day of August, 2022

WHEREAS 1 Front Street West Holdings Inc. (“Appellant”) appealed the failure of the City of Toronto (“City”) to make decisions on applications for an Official Plan Amendment (“OPA”) and two Zoning By-law Amendments (“ZBLA”) in relation to the property at 1 Front Street West (“subject property”);

AND WHEREAS the Tribunal held a settlement hearing and issued its decision on October 27, 2020;

AND THE TRIBUNAL having allowed the appeals and withheld the issuance of the final order until notified by the City Solicitor that the conditions in Attachment 1 have been met to the satisfaction of the City Solicitor and the Applicant/Appellant;

AND THE TRIBUNAL HAVING BEEN ADVISED that these above-noted matters have been completed to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Official Plan Amendment Appeal and Zoning Appeal;

AND PURSUANT TO RULE 24.3 OF THE TRIBUNAL'S RULES this Order on the Official Plan Amendment Appeal and Zoning Appeal are effective on August 8, 2022;

THE TRIBUNAL ORDERS that the Official Plan Amendment Appeal and the Zoning Appeal are allowed, in part, and that the City of Toronto’s Official Plan is hereby amended in the manner set out in Attachment “1” to this Order; the Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “2” to this Order; and Zoning By-law No. 1104-2016 of the City of Toronto, which is an amendment to former City of Toronto, Zoning By-law 168-93, of the former City of Toronto, is hereby amended in the manner set out in Attachment “3” to this Order. The Tribunal authorizes the municipal clerk to format the by-law in Attachment “1”, Attachment "2", and Attachment "3" as may be necessary, for record keeping purposes.

“Euken Lui”

EUKEN LUI 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

Authority: Local Planning Appeal Tribunal Decision issued on October 28, 2020 and Ontario Land Tribunal Order effective on August 9, 2022 in File PL190501

CITY OF TORONTO

BY-LAW XXXX-2022 (OLT)

To approve Amendment 507 to the Official Plan for the City of Toronto with respect to the lands municipally known in the year 2021 as 1 Front Street West.

Whereas the Owner of the lands known municipally in the year 2019 appealed a proposed official plan amendment to the Local Planning Appeal Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Local Planning Appeal Tribunal, by its Decision issued on October 28, 2020 and the Ontario Land Tribunal Order effective on August 9, 2022 in File PL190501 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 507 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Local Planning Appeal Tribunal Decision issued on October 28, 2020 and Ontario Land Tribunal Order effective on August 9, 2022 in File PL190501.

AMENDMENT 507 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS 1 FRONT STREET WEST

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

1. Chapter 7, Site and Area Specific Policies, is amended by adding the new Site and Area Specific Policy 589 as follows:

"589. 1 Front Street West

Two tall buildings above the existing Dominion Public Building consisting of a mixture of uses are permitted, subject to the following provisions:

(a) The maximum gross floor area for the Dominion Public Building and any additions is 90,000 square metres, with a minimum gross floor area for non-residential uses of 51,000 square metres, of which a minimum 35,000 square metres of the non-residential gross floor area shall be for office uses.

(b) The West Tower will have a maximum height of 168.7 metres and a maximum floor plate area of 545 square metres.

(c) The East Tower will have a maximum height of 156.9 metres and a maximum floor plate area of 700 square metres.

(d) The minimum tower separation distance between the West Tower and East Tower will be 24 metres measured at an approximate height of 88.8 metres, and will increase to a minimum of 26 metres at both the base and top of the East Tower.

2. Chapter 7, Map 29, Site and Area Specific Policies, is revised to add the lands municipally known in 2021 as 1 Front Street West shown on the map above as Site and Area Specific Policy 589.

ATTACHMENT 2

ZONING BY-LAW AMENDMENT TO ZONING BY-LAW 569-2013

Authority: Local Planning Appeal Tribunal Decision issued on October 28, 2020 and Ontario Land Tribunal Order effective on August 9, 2022 in File OLT-22-002857

CITY OF TORONTO

BY-LAW XXXX-2022 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 1 Front Street West

Whereas the Owner of the lands in the year 2019 appealed a proposed Zoning By-law Amendment to the Ontario Land Tribunal pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Local Planning Appeal Tribunal, by its Decision issued on October 28, 2020 and Ontario Land Tribunal Order effective on August 9, 2022, determined to amend Zoning By-law 569-2013, as amended, with respect to lands known municipally as 1 Front Street West; and

Whereas a zoning by-law may include Holding (H) symbol pursuant to section 36 of the Planning Act, R.S.O. 1990, c. P. 13, as amended; and

Whereas the Official Plan for the City of Toronto contains provisions relating to the use of Holding (H) symbol with conditions in the zoning by-law; and

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

Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the 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 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 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; and

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are municipally known in the year 2021 as 1 Front Street West, as 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 CR 6.0 (c6.0; r6.0) SS1 (x2116) to (H) CR 6.0 (c6.0; r6.0) SS1 (x2116), as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by deleting and replacing Article 900.11.10 Exception Number CR 2116, so that it reads:

(2116) Exception CR 2116

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 1 Front Street West, if the requirements of Section 6, Section 7 and Schedule A of By-law [Clerks to insert number] are complied with, a building or structure may be constructed, used or enlarged in compliance with (B) to (CC) below;

(B) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 80.0 metres and the elevation of the highest point of the building or structure;

(C) Despite Regulation 40.10.40.1(1), all residential use portions of the mixed-use building, must be located above non-residential uses portions, other than: residential lobby access and residential amenity space;

(D) Despite Regulation 40.10.20.100(21)(B), outdoor patios on the lot may have a collective maximum area of 560 square metres and shall be located a minimum of 2.5 metres from the southern lot line;

(E) Despite Regulation 40.10.40.10(1), the permitted maximum height of a building or structure is the numerical value, in metres, following the letters “HT” as shown on Diagram 3 attached to By-law [Clerks to insert number];

(F) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, is 3.7 metres;

(G) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys is the numerical value following the letters “ST” as shown on Diagram 3 attached to By-law [Clerks to insert number];

(H) Despite Regulations 40.5.40.10(3) to (8) and (E) above, the following elements of a building or structure may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert number]:

(i) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, up to a maximum of 3.0 metres;

(ii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above, up to a maximum of 3.0 metres;

(iii) architectural features, parapets, and elements and structures associated with a green roof, up to a maximum of 0.5 metres;

(iv) building maintenance units and window washing equipment, trellises, pergolas, screens, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.5 metres; and

(v) planters, landscaping features, bollards, and guard rails, up to a maximum of 1.5 metres;

(vi) solar panels, light fixtures, and lightning rods, up to a maximum of 5.0 metres;

(I) Despite Regulations 40.10.40.40(1) and (2), the permitted maximum gross floor area of all buildings and structures must not exceed 90,000 square metres of gross floor area, of which:

(i) a maximum of 32,000 square metres of gross floor area may be for residential uses; and

(ii) a minimum of 58,000 square metres of gross floor area may be for non-residential uses, of which a minimum of 36,000 square metres must be for office uses;

(J) The provision of dwelling units must be provided in accordance with the following:

(i) a minimum of 15 per cent must be two-bedroom dwelling units; and

(ii) a minimum of 10 per cent must be three-bedroom dwelling units or larger;

(iii) any dwelling units with three or more bedroom provided to satisfy (ii) above are not included in the provision required by (i) above;

(iv) if the calculation of the required number of dwelling units with two or three bedrooms results in a number with a fraction, the number shall be rounded down to the nearest whole number.

(K) In addition to the building elements which reduce gross floor area listed in Regulation 40.5.40.40(3), the gross floor area of a mixed use building is also reduced by the areas in a building or structure used for mechanical rooms on any level of the building;

(L) Despite Regulation 40.10.40.50(2), no outdoor amenity space is required for non-residential uses;

(M) Despite Regulations 40.10.40.70(1) and 40.10.40.80(1) and Clause 600.10.1, the required minimum building setbacks and the required minimum separation of main walls of any building or structure are shown on Diagram 3 of By-law [Clerks to insert number];

(N) An average separation distance of at least 25.0 metres must be provided between main walls of each building above a height of 46.0 metres, provided that the minimum separation distance is no less than 24.0 metres at any point between the main walls of each building;

(O) Despite Regulations 40.5.40.60(1), Clause 40.10.40.60 and (M) above, the following elements of a building or structure may encroach into a required minimum building setback and main wall separation distance as follows:

(i) canopies and awnings, up to a maximum of 6.0 metres;

(ii) exterior stairs, access ramps and elevating devices, by a maximum of 1.0 metres;

(iii) cladding added to the exterior surface of the main wall of a building, architectural features, such as a pilaster, decorative column, cornice, sill, belt course, ornamental fins or chimney breast, eaves, pipes, and ladders, by a maximum of 0.5 metres; and

(iv) light fixtures, windowsills, and ornamental elements, by a maximum of 1.0 metre;

(P) Despite Regulation 40.10.90.40(1), vehicle access to a loading space may be provided from Yonge Street via shared driveway(s) and located on the adjacent property municipally known in the year 2021 as 141 Bay Street;

(Q) Despite Regulation 40.10.100.10(1), vehicle access may be provided from Yonge Street via shared driveway(s) located on the adjacent property municipally known in the year 2021 as 141 Bay Street;

(R) Despite Regulations 200.5.1(2), 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided and maintained on the lands in accordance with the following:

(i) a minimum of 0.1 residential occupant parking spaces for each dwelling unit;

(ii) no parking spaces are required for residential visitors;

(iii) a minimum of 0.23 parking spaces for each 100 square metres of non-residential gross floor area for non-residential uses;

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

(i) a reduction of four (4) resident occupant parking spaces will be permitted for each "car-share parking space" provided; and

(ii) the maximum reduction permitted be capped by the application of the following formula:

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

(T) For the purposes of this exception:

(i) “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 such car-share motor vehicles are made available to at least the occupants of the building or short-term rental, including hourly rental; and

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

(U) Despite Regulation 200.5.1.10(2)(A)(iv), a maximum of 10 percent of the parking spaces provided may be obstructed as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space;

(V) 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;

(W) Despite Regulation 200.5.1.10(12)(B), the vehicle entrance or exit for a one-way driveway into or out of the building must have a minimum width of 3.0 metres;

(X) Despite Regulation 200.15.1(1), (3) and (4), accessible parking spaces must be provided on the lands as follows:

(i) An accessible parking space must have the following minimum dimensions:

a. length of 5.6 metres;

b. width of 3.4 metres; and

c. vertical clearance of 2.1 metres;

(ii) The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;

(iii) accessible parking spaces must be located within 20.0 metres of a barrier free entrance to the building or passenger elevator that provides access to the first storey of the building;

(Y) Despite Regulations 220.5.1(2) and 220.5.1.10(5) and Clause 220.5.10.1, the following loading spaces are required and must be provided on the lands as follows:

(i) a minimum of five (5) Type 'B' loading spaces;

(ii) a minimum of four (4) Type 'C' loading space; and

(iii) a minimum of one (1) Type 'G' loading space;

(Z) Despite (Y) above, any or all loading spaces may be provided on a non-exclusive basis in a below-ground parking garage on, or shared with, the adjacent lands municipally known in the year 2021 as 141 Bay Street;

(AA) Despite Regulation 230.5.1.10(7), a minimum of two shower and change facilities must be provided for the required "long-term" bicycle parking;

(BB) Despite Regulation 230.5.1.10(9)(A)(iii) and 230.5.1.10(9)(B)(iii), long-term bicycle parking spaces may be distributed on the first three levels of the building below-ground; and

(CC) Despite Regulations 230.5.1.10(4)(B)(ii) and 230.5.1.10(10), both "short-term" and "long-term" bicycle parking spaces may be located in a stacked bicycle parking space having a minimum width of 0.4 metres;

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

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

6. Section 37 Provisions

(A) Pursuant to Section 37 of the Planning Act, , as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, C.18, as amended, came into force, and subject to compliance with this By-law, the increase in height and/or density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 in return for the provision by the owner, at the owner’s expense, of the facilities, services and matters set out in Schedule A hereof which are secured by one or more agreements pursuant to Section 37 (3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor;

(B) Where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent upon satisfaction of the same;

(C) The owner shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law unless all applicable provisions of Schedule A are satisfied; and

(D) Once the agreement or agreements securing the facilities, services and matters set out in Schedule A have been executed and registered, the provisions of Schedule A shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement.

7. Holding Provisions

(A) The lands zoned with the "(H)" symbol delineated by heavy lines on Diagram 2 attached to and forming part of this By-law must not be used for any purpose other than those uses and buildings existing on the site as of date of passing this By-law on the lands shown on Diagram 1 attached to this By-law until the "(H)" symbol has been removed.

(B) An amending by-law to remove the "(H)" symbol may be enacted by City Council with respect to the lands, when the following conditions have been fulfilled to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, General Manager, Transportation Services, as the case may be, and Council:

(i) the owner has submitted, at their sole cost and expense, a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report taking into account any existing, approved and proposed developments and any required materials and analysis to address stormwater, sanitary and water capacity matters and infrastructure improvements and/or new municipal infrastructure determined to be required to support the development of the lands to which the amending by-law to remove the "(H)" symbol applies (“Engineering Reports”), satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water;

(ii) the owner has submitted, at their sole cost and expense, has secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development of the lands to which the amending by-law to remove the "(H)" symbol applies, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

(iii) The receipt of all necessary approvals for the infrastructure required, as described (ii) above; and

(iv) the owner has submitted a revised Arborist Report, Tree Protection and Preservation Plan, and revised conceptual landscape plan addressing the City-owned trees along Front Street in a manner satisfactory to the General Manager, Parks, Forestry and Recreation and the owner addresses such requirements as may be required regarding City-owned trees under Chapter 813 of the Municipal Code.

Local Planning Appeal Tribunal issued on October 28, 2020 and Ontario Land Tribunal Order effective on August 9, 2022 in File OLT-22-002857.

SCHEDULE A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City at the owner's expense in return for the increase in height and density of the proposed development on the lands shown in Diagram 1 in this By-law. Prior to the issuance of any building permit, the owner shall enter into an agreement, on such terms and conditions, including upwards indexing, securities, details and requirements, to the satisfaction of the City Solicitor pursuant to Section 37(3) and (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, S.O. 2020, C.18, as amended, came into force, (the "Section 37 Agreement") to secure the community benefits and matters required to support the development below, whereby the owner agrees as follows:

Community Benefits

1. Prior to the issuance of the first above grade building permit for the lands, the owner shall pay to the City four million and six hundred thousand dollars ($4,600,000.00) in Canadian funds (the "Cash Contribution") to be allocated as follows:

(i) Four hundred and sixty thousand dollars ($460,000.00) for the provision of affordable housing in the local Ward;

(ii) Four hundred and sixty thousand dollars ($460,000.00) for capital repairs to the existing Toronto Community Housing buildings in the local Ward; and

(iii) Three million, six hundred and eighty thousand dollars ($3,680,000) towards any combination of the following, at the discretion, and to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:

a. local parkland improvements and/or public realm improvements in local Ward; and

b. community services and facilities in the local Ward.

2. The Cash Contribution set out in Clause 1 shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135, or its successor, calculated from the effective date of this By-law to the date of payment of the Cash Contribution by the owner to the City.

3. In the event the Cash Contribution in Clause 1 has 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 the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands.

Matters Required to Support the Development

4. The owner shall construct and maintain, at its own expense, privately owned publicly-accessible spaces ('POPS'), of not less than 1,000 square metres at the southern portion of the property between Bay Street and Yonge Street, and the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the POPS and any required public access easements to connect the POPS to adjacent POPS and/or public rights-of-way, where necessary; and the Owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration, design and temporary uses of the POPS shall be determined in the Section 37 Agreement and the context of a Site Plan Approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City.

5. The owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner shall be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application.

6. The Owner shall coordinate the provision of loading and parking spaces below-grade with the 141 Bay Street Lands in a manner satisfactory to the General Manager, Transportation.

7. As part of the Site Plan Application for the development on the lands, should the access arrangement or reconfiguration of lanes at the Yonge Street and the Esplanade signalized intersection change, the Owner shall submit an updated Transportation Impact Study satisfactory to the General Manager, Transportation Services.

8. As part of the Site Plan Application for the development on the lands, the Owner shall prepare an updated streetscape design plan based on information obtained from the General Manager, Transportation Services to address any changes to the boulevard, including sidewalk widenings and a potential bump out at the Yonge Street intersection and thereafter implement any such streetscape design approved by the General Manager, Transportation Services.

9. The Owner, at its sole cost and expense, shall be responsible for all proposed work within the municipal boulevard, as identified on the approved plans and drawings, including but not limited to the reconstruction of the entire clearway and modification to the curb line identified in Clause 8 above, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

10. Prior to Site Plan Approval for the Development, the Owner shall, at its sole cost and expense, prepare and submit an updated, detailed Noise and Vibration Feasibility Study, including any required peer review, satisfactory to the Chief Planner. The Owner shall, at its sole cost and expense, implement and maintain all of the recommended mitigation measures in the accepted Noise and Vibration Feasibility Study to the satisfaction of the Chief Planner.

11. Prior to the issuance of any Building Permit and as part of a Site Plan Application for any part of the Lands, the Owner shall, at its sole cost and expense, provide a Noise and Vibration Feasibility study of surrounding rail and transportation corridors, including light rail transit, within 300 metres of the Lands to the satisfaction and acceptance by Metrolinx and the General Manager, Transportation Services.

12. As part of the Site Plan Application for the development on the lands, the Owner shall, at its sole cost and expense, identify the locations for knock out panel or panels for the potential future PATH connection satisfactory to the General Manager, Transportation Services and the Chief Planner.

13. Prior to Site Plan Approval for the development on the lands, the Owner shall, at its sole cost and expense, prepare and submit an updated, detailed pedestrian level wind study, including wind tunnel analysis, satisfactory to the Chief Planner. The wind study shall include recommendations for the public realm surrounding the Development and the outdoor areas within the Development to mitigate wind impacts year-round. The Owner shall, at its sole cost and expense, implement and maintain all of the recommended mitigation measures in the wind study to the satisfaction of the Chief Planner.

14. Prior to the issuance of the any building permit for the lands and as part of the Site Plan Approval process, the owner shall complete a TTC Technical Review of the Development and obtain the TTC written acknowledgement that the Owner has satisfied all of the conditions arising out of the TTC technical review. As part of the review process, the Owner shall provide the requisite information and pay the associated review fee to the TTC.

15. Prior to the issuance of any building permit, the owner shall enter into a construction agreement with the TTC, in a form acceptable to TTC, and shall include a detailed Construction Management Plan, including construction schedule, hoarding plans, shoring and excavation plans, crane swing plans, sequence and methodology, condition surveys, and other items as identified through the required Technical Review.

16. Prior to the issuance of any permit for all or any part of the Lands, including a Building Permit or Heritage Permit, but excluding permits for repairs, maintenance, and usual and minor works as are acceptable to the Senior Manager, HP, the Owner shall:

(A) provide building Permit drawings, 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 Planning for the heritage site; and

(B) provide a Letter of Credit, including provision for upwards indexing in accordance with the Construction Price Index, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, and approved Interpretation Plan; and

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

ATTACHMENT 3

ZONING BY-LAW AMENDMENT TO ZONING BY-LAW 168-93

Authority: Local Planning Appeal Tribunal Decision issued on October 28, 2020 and Ontario Land Tribunal Order effective on August 9, 2022 in File OLT-22-002857

CITY OF TORONTO

BY-LAW XXXX-2022 (OLT)

To amend Site Specific Zoning By-law 1104-2016, as amendment to former City of Toronto Zoning By-law 168-93, with respect to the lands municipally known in the year 2021 as 141 Bay Street.

Whereas the owner of the lands municipally known in the year 2019 as 1 Front Street West appealed a proposed Zoning By-law Amendment to the Local Planning Appeal Tribunal (now the Ontario Land Tribunal) pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Local Planning Appeal Tribunal, by its Decision issued on October 28, 2020 and Ontario Land Tribunal Order effective on August 9, 2022 in Tribunal File OLT-22-002857, determined to amend the Zoning By-law with respect to lands known municipally as 141 Bay Street with respect to shared loading and access with 1 Front Street West;

The Ontario Land Tribunal Orders:

1. Except as otherwise provided herein, the provisions of By-law No. 168-93, 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 the Railway Lands East Area A" and By-law No. 1104-2016 being a By-law "To amend former City of Toronto By-law No. 168-93, being the Railway Lands East Area A Zoning By-law, as amended, with respect to the lands bounded by Bay Street, Yonge Street, 1 Front Street West and the Rail Corridor (municipally known in 2015 as 141 Bay Street, Block 1 and the portion of T lands between Bay and Yonge Streets)" shall continue to apply to the lands as identified on Map 1 attached to By-law 1104-2016.

2. New Provision 20 is added to By-law 1104-2016 following Provision 19 as follows:

"20. Notwithstanding the provisions of By-law No. 168-93, as amended, and this By-law, in the case of block 1a, any required loading spaces for the lands may be shared with the adjacent lands municipally known as 1 Front Street West in the year 2021."

Local Planning Appeal Tribunal issued on October 28, 2020 and Ontario Land Tribunal Order effective on August 9, 2022 in File OLT-22-002857.