Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 10, 2022 CASE NO(S).: OLT-22-003693

EFFECTVE DATE: November 21, 2021

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

Applicant and Appellant:

Dufferin Mall Holdings Inc.

Subject:

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

Existing Designation:

Mixed Use Areas

Proposed Amendment:

Site Specific (To be determined)

Purpose:

To permit the development of four (4) mixed use buildings ranging in height from 14 to 39 stories with underground parking and a new park.

Property Address:

900 Dufferin Street

Municipality:

City of Toronto

Municipal Number:

19 184841 STE 09 OZ

OLT Case No.:

OLT-22-003693

Legacy Case No.:

PL200106

OLT Lead Case No.:

OLT-22-003693

Legacy Lead Case No.:

PL200106

OLT Case Name:

Dufferin Mall Holdings Inc. v. Toronto (City)

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

Applicant and Appellant:

Dufferin Mall Holdings Inc.

Subject:

Application to amend Zoning By-law - Refusal or neglect of City of Toronto to make a decision

Purpose:

To permit the development of four (4) mixed use buildings ranging in height from 14 to 39 stories with underground parking and a new park.

Property Address:

900 Dufferin Street

Municipality:

City of Toronto

Municipal Number:

19 184841 STE 09 OZ

OLT Case No.:

OLT-22-003694

Legacy Case No.:

PL200107

OLT Lead Case No.:

OLT-22-003693

Legacy Lead Case No.:

PL200106

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

Applicant and Appellant:

Dufferin Mall Holdings Inc.

Subject:

Application to amend Zoning By-law - Refusal or neglect of City of Toronto to make a decision

Purpose:

To permit the development of four (4) mixed use buildings ranging in height from 14 to 39 stories with underground parking and a new park.

Property Address:

900 Dufferin Street

Municipality:

City of Toronto

Municipal Number:

19 184841 STE 09 OZ

OLT Case No.:

OLT-22-003696

Legacy Case No.:

PL200108

OLT Lead Case No.:

OLT-22-003693

Legacy Lead Case No.:

PL200106

BEFORE:

D. COLBOURNE ) THE 10th DAY OF

VICE-CHAIR )

) AUGUST, 2022

G. BURTON )

VICE-CHAIR )

THIS MATTER having come on for a public hearing on October 18, 2021 and the Ontario Land Tribunal (the “Tribunal”) determined that the appeal(s) under subsection 22(7) of the Planning Act (the “Official Plan Amendment Appeal”) and subsection 34(11) of the Planning Act (the “Zoning Appeal”) should be allowed, in part, and that the proposed Official Plan Amendment and the proposed Zoning By-law Amendment should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the City Solicitor that such conditions have been fulfilled;

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 have been satisfied;

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 November 21, 2021;

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 and 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. The Tribunal authorizes the municipal clerk to format the by-law in Attachment “1” and Attachment "2", as may be necessary, for record keeping purposes.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.

ATTACHMENT 1

Authority: Ontario Land Tribunal Decision issued on November 21, 2021 and Ontario Land Tribunal Order effective on August 10, 2022 in Tribunal File No. OLT-22-003693

CITY OF TORONTO

BY-LAW XXX-2022(OLT)

To adopt Amendment 623 to the Official Plan for the City of Toronto with respect to the lands municipally known in the year 2021 as 900 Dufferin Street.

Whereas the Owner of the lands known municipally in the year 2021 as 900 Dufferin Street appealed a proposed official plan amendment to the Ontario Land Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Decision issued on November 21, 2021 and its Order issued on August 10, 2022 in File OLT-22-003693 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 623 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Ontario Land Tribunal Decision issued on November 1, 2021 and Ontario Land Tribunal Order effective on August 9, 2022 in Tribunal File OLT-22-003693.

AMENDMENT 623 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS 900 DUFFERIN STREET

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 813 and associated map as follows:

"813. 900 Dufferin Street

A. INTERPRETATION

1. The Dufferin Mall is located at the southwest corner of Dufferin Street and Croatia Street in Toronto’s Dufferin Grove neighbourhood. The Dufferin Mall property is an 86,100 square metre parcel of land that was developed into a shopping plaza in the 1950s, and converted into an enclosed shopping centre in the mid-1970s. The mall includes a multi-level parking structure as well as surface parking.

2. Should Dufferin Mall redevelop over time, the Lands will evolve into a complete and inclusive mixed use community that will be integrated with surrounding neighbourhoods. In addition to providing a range of housing options for new residents, the new neighbourhood will include diverse retail offerings, community facilities and distinctive streetscapes designed to create a highly walkable, family-friendly environment. The redeveloped mall lands will also be characterized by a unique network of public parks and open spaces designed to complement the existing landmark parks in the area, including Dufferin Grove Park.

3. The purpose of Site and Area Specific Policy No. 813 is to ensure that the long-term redevelopment of the Dufferin Mall Lands is planned comprehensively. The area planning study, required in Section B of this SASP, and its implementation, will guide the incremental, phased redevelopment of the mall lands through its evolution into a complete community.

4. Site and Area Specific Policy No. 813 is intended to be read with the policies of the Official Plan applicable to the Site, except where provided otherwise.

5. Any reference to "Development Area "A" and "Development Area B" means the areas delineated and labelled on Map 1.

6. Any reference to the "Lands" means Development Area "A" and Development Area "B" collectively as a whole.

B. DEVELOPMENT AREA “B” AREA PLANNING STUDY

1. In addition to the required plans, drawings, studies and reports identified in Official Plan Policy 5.5.2 and Schedule 3 of the Official Plan, an area planning study must be completed for Development Area "B". No zoning by-law amendment application may be approved for Development Area “B, until the area planning study has been completed and approved through a future Site and Area Specific Policy for Development Area “B”. A Zoning By-law amendment application may be made concurrently with the subsequent Site and Area Specific Policy for Development Area "B". The area planning study shall include the following components in Policies B. 2) to 9) below, and address the matters identified in the Policies in Sections C. to K., below.

2. A Block Context Plan that integrates Development Area "A" with Development Area “B”, and the surrounding community, with particular regard to the surrounding Neighbourhoods. The Block Context Plan shall apply the City’s complete streets principles and establish a network of public streets, development blocks, pedestrian and cycling facilities and connections, parks and open spaces, and privately-owned publicly-accessible spaces, that contribute to a safe, comfortable and connected public realm:

i. A Public Streets Plan which establishes the general size and configuration of development blocks, that accommodates new development and ensures connectivity with new and existing streets and all modes of transportation, including active transportation supported by a Transportation Impact Study that supports the proposed Block Context Plan and Public Streets Plan, whereby such study will assess multi-modal transportation and include a comprehensive transportation demand management plan;

ii. A Parks and Open Space Plan that identifies general locations and configuration of new public parks, which shall be conveyed to the City as fully unencumbered parkland dedication on the Lands, and other forms of open space such as Privately-Owned Publicly Accessible Spaces (“POPS”).

3. A Built Form Strategy which provides for directions on a mix of building types that implement the general directions in Section G below.

4. An Economic Development Strategy that identifies opportunities for sustained employment and investment in non-residential development and recommends actions and policies to attract business and support employment growth, with consideration of the retention of existing retail gross floor area within Development Area "B".

5. A Housing Plan that identifies for each phase of residential development both the percentage of units that will be two and three bedrooms in size, and the mix of market and affordable housing consistent with the relevant provisions under the Planning Act and Official Plan, including policy 3.2.1.9.

6. A Community Services and Facilities Strategy that identifies community space and facility needs, which may include the provision of child care centres, community recreational centres, community agency spaces, libraries and other services, and sets out priorities to support growth. It should also include potential locations for these facilities in Development Area "B" and be integrated into the required Phasing and Implementation Plan, as well as provide opportunities for co-location. The specific community service facilities will be secured in accordance with Section I below.

7. An Energy Strategy addressing, among other matters, sustainability and climate resilience built into the future development of Development Area "B" including consideration of energy systems such as district energy, zero net systems, geo-thermal and renewable energy.

8. A Green Infrastructure Strategy that includes consideration of stormwater management systems, landscaped open space and growing space and sufficient soil volume for trees to create an environmentally sustainable community.

9. A Phasing Strategy and Implementation Plan to ensure the orderly development of a mix of uses on the Development Area "B", which may include the use of holding provisions to provide for the orderly sequencing of development in phases, including the provision of infrastructure and services.

C. LAND USE

1. A diverse mix of uses will be provided on Development Area "B", which shall be more specifically determined as part of the area planning study identified in Policy B. 1). The intent will be to provide spaces for a range of uses that will allow the Lands to be animated at all times of the day, supporting the creation of a complete community.

2. Where appropriate, as determined through the area planning study, new buildings will reserve space at-grade for retail and other non-residential uses, which will animate the public realm. This may include community-oriented uses and a combination of larger as well as unique smaller-scale retail stores and businesses in a range of unit sizes.

3. Residential uses should include a mix of unit types which accommodate different households. Where commercial uses are located on the ground floor of buildings, residential uses should be located in the upper floors, including base buildings and towers. Residential uses are encouraged to include a range of sizes and tenures.

4. Community and service facilities will be encouraged to be located in the ground floor of buildings to establish a socially-oriented and inviting interface with the public realm throughout the Lands.

D. TRANSPORTATION NETWORK

1. Development Area “B” will include a connected, grid-like network of public streets. Private streets are generally discouraged, but where deemed appropriate, and as agreed to between the Applicant and the City, they will be designed to meet the City's design standards for new streets. Multi-modal connections to the existing community will be developed. These should include, but are not limited to, pedestrian, cycling, transit and vehicular connections.

2. The public street network will establish direct connections to the following existing public streets:

i. Croatia Street, generally aligning with Pauline Avenue Extension; and

ii. Dufferin Street.

3. The public street network shall also create direct connections to the existing residential street network to the west and south of Development Area “B” to promote safe and convenient travel options through the Lands to the surrounding community. These connections may be vehicular and/or pedestrian connections to the new public street network.

4. The future street network, including the location, alignment, and function of streets and the number and location of connections and intersections will be determined through the required Public Streets Plan, which will form part of a subsequent SASP required by Policy B. 1) above, Zoning By-law Amendment and Draft Plan of Subdivision for Development Area “B”.

5. A north-south public street extending Pauline Avenue south of Croatia Street will be required through the Lands, with a right-of-way width of 18.5 metres. The new north-south public street will include consideration of relocating the POPS at Croatia Street in Development Area "A" elsewhere on the Lands to accommodate this new public street. The new north-south public street may be encumbered by a below-grade parking structure, or alternatively may be an unencumbered fee simple strata public street above the below-grade parking structure that allows the below-grade parking structure within Development Area “A” to remain in situ, if such encumbrance or encroachment, including the location and/or configuration, is acceptable at the sole discretion of City Council. In any event, the below grade parking structure will not be required to be removed and/or relocated. The exact location, alignment and design of public streets will be determined through a Draft Plan of Subdivision for Development Area “B”.

6. To accommodate an acceptable alignment of the new north-south public street with Pauline Avenue to the north in Policy D. 5) above, the loading spaces located on the northwest portion of Development Area "A" shall be reconfigured and/or relocated to an alternative location on the Lands through the redevelopment of Development Area “B”. The appropriate reconfiguration and/or relocation of the loading facilities will be explored as part of the review process for a Zoning By-law Amendment application submitted for Development Area "B", and the timing of the relocation will be identified in the required Phasing and Implementation Strategy.

7. Permeability through the Lands for pedestrian access to the Dufferin TTC Subway Station, including safe and well-designed below-grade connections, will be encouraged, where appropriate.

E. PARKLAND

1. New public parkland will be required to support and meet the needs of residents and employees of the Lands and broader community. There will be a new public park of a significant size within Development Area "B". Opportunities to expand the public park located within Development Area "A" will be explored as part of the required studies to implement this SASP.

2. Additional locations for public parkland in Development Area "B" will be explored as part of the required study to implement this SASP. New parks will complement the existing location and function of existing parks in the surrounding context, such as Dufferin Grove Park and the park located at 90 Croatia Street, to form a network of accessible, pedestrian-friendly green spaces.

F. PUBLIC REALM

1. An enhanced streetscape along Dufferin Street will be designed to define, support and extend the public realm character north of the Lands and create a vibrant urban place by ensuring that the implementation of that streetscape will be prioritized.

2. The private street in Development Area "A" will be extended to the first new east-west public street in Development Area "B" and establish a promenade through the Lands, with trees and animated ground floor uses.

3. Privately Owned Publicly-Accessible Spaces ("POPS") may be provided in key locations in Development Area "B" to complement the network of parks and open space on the Lands. Linkages connecting both public and private open space features and the public realm will be established.

4. Development will locate density and built form strategically and design buildings appropriately to minimize shadows in order to preserve the utility of sidewalks, parks, open spaces, natural areas, child care centres, playgrounds, schools and other institutional open spaces, outdoor amenity spaces and POPS.

5. Development in Development Area "A" will achieve a minimum 5 hours of sunlight, as measured from 9:18 a.m. to 5:18 p.m., on a minimum of 50 per cent of the existing public park on the north side of Croatia Street between March 21^st and September 21^st .

6. Development in Development Area "B" will achieve no net new shadows on the public park located on the north side of Croatia Street, as measured from 9:18 a.m. to 5:18 p.m., between March 21st and September 21^st.

G. BUILT FORM

Building Transition, Building Height and Building Type

1. All new development within Development Area "B" will provide appropriate transitions to the adjacent Neighbourhoods. A 45 degree angular plane from the relevant Neighbourhoods will be considered to determine appropriate transitions. An angular plane from the Brockton Stadium lands will not be required, however an angular plane from the Neighbourhoods west of Brock Avenue will be required.

2. The greatest building height in metres shall be the 36-storey tall building located in Development Area “A”, with subsequent new development in "Development Area "B" transitioning down in height, scale and massing into the adjacent blocks and towards surrounding low-rise Neighbourhoods and Parks.

3. A mix of building types will be required to provide diversity in the built form and to promote a range of unit types to accommodate different households, which may include tall, mid-rise, and low-rise buildings.

4. Development in Development Area "B" in close proximity to Neighbourhoods shall provide sensitive and gradual transition of building height, scale and massing. Alternatively, private or public open space may be considered adjacent to these areas as a form of transition within Development Area "B".

Base Building Heights

5. Minimum and maximum base building heights for tall buildings and mid-rise buildings will be established to define and support the functions and characteristics of adjacent streets, parks and open spaces, and to support an overall pedestrian friendly environment.

Setbacks and Stepbacks

6. Development within Development Area “B” will provide minimum setbacks and stepbacks from streets, parks and open spaces generally consistent with the Tall Building and Mid-rise Urban Design Guidelines.

Floorplate size

7. The tower floorplates of residential tall buildings and the residential portion of mixed-use tall buildings within Development Area “B” will generally have a maximum floorplate size of 750 square metres above the base building. Increases to the 750 square metre floorplate size may be appropriate where the impacts of the larger floorplate, including but not necessarily limited to stepbacks, setbacks, separation distance, shadow, sky-view and wind, are addressed.

8. The tower floorplates of residential tall buildings in Development Area “A” will not be considered as a precedent for tower floor plates of residential tall buildings and the residential portion of mixed-use tall buildings in Development Area “B”, nor will such tower floorplates be considered appropriate in any part of Development Area "B".

H. HOUSING

1. The Lands will redevelop to become an inclusive and complete neighbourhood where residents can enjoy housing built to be appropriate to their means and needs throughout their lifetimes. The housing policies will encourage a diverse neighbourhood with a range of housing opportunities in terms of tenure and affordability, such as housing for larger households, seniors, students, lower-income, and other special needs households, to provide for a complete housing spectrum.

2. Prior to any development of the Development Area "B", a Housing Plan will be required that identifies in each phase of residential development: the percentage of units that will be two and three bedrooms in size, and how required affordable housing will be delivered.

3. To achieve a balanced mix of unit types, and to support the creation of housing suitable for families, development containing more than 80 new residential units will include larger units, as follows:

i. a minimum of 15 percent of the total number of units as 2-bedroom units;

ii. a minimum of 10 percent of the total number of units as 3-bedroom units; and

iii. an additional 15 per cent of the total number of units being a combination of 2-bedroom and 3-bedroom units.

4. The City may reduce the minimum requirements for larger units where the development of the Lands includes:

i. Social housing or other publicly-funded housing; or

ii. Specialized housing such as residences owned or operated by a post-secondary institution or a health centre institution or other entities to house seniors, students, patients or employees, or people with special needs.

5. Despite Official Plan Policy 3.2.1.9 b), the redevelopment of Development Area "A" will include 120 affordable rental housing units with a total minimum 5,797 square metres of gross floor area, with rents not to exceed 100 percent of Average Market Rent for a period of 99 years.

6. Where residential uses are permitted, the Phasing Strategy and Implementation Plan shall identify the phases where affordable housing will be delivered within Development Area "A" and Development Area "B".

I. COMMUNITY SERVICES AND FACILITIES

1. New and/or expanded community services and facilities will be required to support and meet the needs of residents and employees of the Lands and broader community. Community services and facilities will be identified and reviewed by the City through the development review process, in order of priority, with the provision of:

i. New, expanded or retrofitted space for one or more community facilities on-site;

ii. New, expanded or retrofitted space off-site within an appropriate distance from the Lands; and/or

iii. A contribution toward a specific community service facility that meets identified needs as required by the City.

2. A Community Services and Facilities Implementation Plan will be submitted with any Draft Plan of Subdivision or Zoning by-law Amendment application for the Lands.

3. Any on-site Community Service Facilities are encouraged to be provided in the first phase of development of Development Area "B".

J. ENERGY CONSERVATION AND CLIMATE CHANGE

1. The design and construction of buildings and landscapes should minimize consumption of non-renewable resources, reduce greenhouse gas emissions and pollution, enhance the natural environment, and address the impacts of climate change. New development on the Lands will incorporate climate resilience through the inclusion of sustainable building design features, as identified in the Green Infrastructure Strategy required in Policy B. 8) above, which may include green roofs, green stormwater infrastructure, grey water recycling, and other sustainable development practices.

2. The development in Development Area "A" will not preclude the provision of future energy systems to be pursued in Development Area "B" as a result of the required study. Development in Development Area "A" will be "district energy ready" and will pursue options to improve building resilience and sustainability.

3. New development on the Lands will be strongly encouraged to achieve Tier 2 of the Toronto Green Standard or higher.

K. IMPLEMENTATION

Draft Plan of Subdivision

1. Prior to any development of all or any part of the Development Area "B" and prior to the approval of any Zoning By-law Amendment, for all or part of the Development Area "B", a Draft Plan of Subdivision will be required to be approved for the entirety of the Development Area "B". A Draft Plan of Subdivision may be approved concurrently with any Zoning By-law Amendment for all of Development Area "B".

2. A Subdivision Agreement will be entered into and registered on the entirety of the Development Area "B" to implement the results of the study contemplated in Policy B. 1) above, and other related matters.

3. The phasing of development and required infrastructure for Development Area "B", including the provision of all new public streets, municipal services, transportation infrastructure, and parkland will be addressed and secured through a Draft Plan of Subdivision.

4. The implementation of the street network on the Lands may occur incrementally over time. Phasing of the transportation system for the Lands, including related improvements and infrastructure, will occur in an integrated manner and be secured in a Subdivision Agreement which will provide for phasing of the transportation system over time.

5. Any development shall coordinate and implement any required infrastructure upgrades and/or improvements with the City, and other landowners (where appropriate), including the provision of new municipal and transit infrastructure where required to support development. This may also include the cost-sharing agreements between landowners, where appropriate.

Zoning By-law Amendments

6. Zoning By-law Amendments will include provisions dedicated to community services and facilities, where required, for the Lands.

7. Development will be sequenced to ensure appropriate transportation infrastructure, municipal servicing infrastructure and community services and facilities, including parkland, are available to accommodate proposed development on the Development Area "B".

8. Where transportation improvements and/or new transportation infrastructure are identified as part of the Multi-Modal Transportation Impact Study, the Zoning By-law Amendments may include a holding by-law for all or part of the Development Area "B" until those matters are implemented in a manner satisfactory to the City or such arrangements are secured in a manner satisfactory to the City to permit development to proceed concurrent with the identified transportation improvements and/or new transportation infrastructure.

Urban Design Guidelines

9. Urban Design Guidelines will be developed to the satisfaction of the Chief Planner and Executive Director, City Planning, to complement the Zoning By-law and will guide the design of the buildings and open space elements of the project in terms of design excellence, built form, public realm and mobility. Urban Design Guidelines will guide development to implement the Official Plan and the area study implementing this Site and Area Specific Policy and assist staff in evaluating applications for Site Plan Approval. Urban Design Guidelines will be developed and approved by City Council concurrent with any Zoning By-law Amendment for Development Area "B".

2. Chapter 7, Map 29, Site and Area Specific Policies, is amended by adding the lands known municipally in 2021 at 900 Dufferin Street, as shown on the map above as Site and Area Specific Policy 813.

ATTACHMENTS

Map 1: Development Area "A" and Development Area "B"

ATTACHMENT 2 ZONING BY-LAW AMENDMENT

TO ZONING BY-LAW 569-2013

Authority: Ontario Land Tribunal Decision issued on November 21, 2021 and Order effective on August 10, 2022 in File OLT-22-003693

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 900 Dufferin Street.

Whereas the Owner of the lands in the year 2020 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 Ontario Land Tribunal, by its Decisions issued on November 21, 2021 and Order issued on August 10, 2022 determined to amend Zoning By-law 569-2013, as amended, with respect to lands known municipally as 900 Dufferin Street; 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;

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.

3. Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black lines from a zone label of CR 3.0 (c3.0; r1.0) SS2 (x1335) to a zone label of (H) CR 3.0 (c3.0; r1.0) SS2 (x784) and OR, as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 784 so that it reads:

(784) Exception CR 784

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 900 Dufferin Street, if the requirements of By-law [Clerks to supply by-law ##], including Section 6, Section 7 and Schedule A, are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (GG) below;

(B) For the purpose of this exception:

(i) reference to Block A, Block B, Block C, the public park, and Block D, the private road, which are identified on Diagram 3 attached to By-law [Clerks to supply by-law ##];

(ii) reference to Tower A, Tower B, Tower C are the buildings within such Blocks which are identified on Diagram 4 and Diagram 5 attached to By-law [Clerks to supply by-law ##];

(C) Despite Regulation 40.5.40.10(1) and (2), the height of a building or structure is the vertical distance between the Canadian Geodetic Datum as identified below and the elevation of the highest point of the building or structure, as follows:

(i) On Block A, the Canadian Geodetic Datum elevation is 110.03 metres; and

(ii) On Block B, the Canadian Geodetic Datum elevation is 109.95 metres;

(D) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 4 and Diagram 5 attached to By-law [Clerks to insert By-law ##];

(E) Despite Regulation 40.10.40.10(7), the maximum number of storeys in each building or structure is the number following the letters "ST" on Diagram 4 and Diagram 5 attached to By-law [Clerks to supply by-law ##]. For the purposes of this exception, the following does not constitute a storey:

(i) A mechanical penthouse;

(ii) A mezzanine level located above the first storey and below the second storey a building

(iii) The second level of any at grade dwelling units which contain two levels;

(F) Despite Regulations 40.5.40.10(3) to (8) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 4 and Diagram 5 attached to By-law [Clerks to insert By-law ##]:

(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, by 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, by a maximum of 3.0 metres;

(iii) notwithstanding (ii) above, structures that enclose, screen or cover a mechanical penthouse, by a maximum of 7.5 metres;

(iv) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 3.0 metres;

(v) building maintenance units and window washing equipment, by a maximum of 3.0 metres;

(vi) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres; and

(vii) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;

(G) Despite (F) above, mechanical equipment and structures which screen or cover such equipment, including a mechanical penthouse, must be wholly enclosed within the building envelope, as shown on Diagram 4 and Diagram 5 attached to By-law [Clerks to insert By-law ##] and are not permitted to exceed the maximum permitted heights labeled with "MPH" for Tower A, Tower B and Tower C on Diagram 4 and Diagram 5 attached to By-law [Clerks to insert By-law ##];

(H) Despite Regulation 40.5.40.10(5), equipment used for the functional operation of a building, such as electrical, utility, mechanical and ventilation equipment, and structures which screen or cover such equipment, may cover the area of the roof for Tower A, Tower B and Tower C to the extent of the hatched areas labelled with "MPH", as shown on Diagram 4 and Diagram 5 attached to By-law [Clerks to insert By-law ##];

(I) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lands is 101,400 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 88,000 square metres; and

(ii) the required minimum gross floor area for non-residential uses is 13,000 square metres;

(J) Despite Regulations 40.10.20.20(1)(A) and 40.10.20.100(1), the total interior floor area for all cabarets, clubs, eating establishments, entertainment place of assembly, places of assembly, recreation uses, and take-out eating establishments may exceed 400 square metres;

(K) Despite Regulations 40.10.40.50(1) and (2), a building with 20 or more dwelling units must provide amenity space on the lands at the following rate:

(i) at least 2.0 square metres for each dwelling unit as indoor amenity space;

(ii) at least 2.0 square metres for each dwelling unit as outdoor amenity space, in a location adjoining or directly accessible to the indoor amenity space; and

(iii) no more than 25% of the outdoor component may be a green roof;

(L) Despite Regulations 40.10.40.70(2) and(4), and 40.10.40.80(2), the required minimum building setbacks and minimum separation of main walls must be provided as shown on the required minimum building setbacks are as shown in metres on Diagram 4 and Diagram 5 attached to By-law [Clerks to insert By-law ##];

(M) Despite Regulation 40.10.40.70(4), any portion of a building with dwelling units located in the first storey of a building must be set back at least 2.5 metres from the front lot line;

(N) Despite Clause 40.10.40.60 and (L) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) decks, porches, and balconies, by a maximum of 1.8 metres;

(ii) canopies and awnings, by a maximum of 2.0 metres;

(iii) exterior stairs, access ramps and elevating devices, by a maximum of 2.0 metres;

(iv) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.5 metres;

(v) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 2.0 metres;

(vi) window projections, including bay windows and box windows, by a maximum of 2.0 metres;

(vii) eaves, by a maximum of 2.0 metres;

(viii) a dormer, by a maximum of 2.0 metres; and

(ix) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 2.0 metres;

(O) Despite (N) above, balcony or window encroachments may not occupy the entire length of a main wall of a building within the areas identified as “balcony projection zones”, as shown on Diagram 6 of By-law [Clerks to insert By-law ##];

(P) Despite (N)(i) above, decks and porches for at grade dwelling units may encroach into the required minimum building setbacks and main wall separation distances by a maximum of 2.5 metres;

(Q) The provision of all dwelling units in each of Tower A, Tower B and Tower C are subject to the following:

(i) a minimum of 15 percent of dwelling units must contain two bedrooms;

(ii) a minimum of 10 percent of dwelling units must contain three bedrooms or more; and

(iii) an additional 15 percent of dwelling units must be a combination of 2-bedroom and 3-bedroom dwelling units;

(R) Despite Regulation 40.10.40.1(1), residential use portions of a mixed use building on Block A as shown on Diagram 3 attached to By-law [Clerks to insert By-law ##] may be located on the same storey as non-residential uses;

(S) Despite Regulation 40.10.20.100(21)(B), an outdoor patio may exceed the greater of 30.0 square metres or 30% of the interior floor area of the premises it is associated with, up to a maximum size of 240 square metres;

(T) Despite Regulation 40.10.90.40(1), vehicle access to a loading space is permitted as follows:

(i) For Block A, one vehicle access point to loading spaces is permitted through the west main wall of a building on Block A from Croatia Street;

(ii) For Block B, one vehicle access point to loading spaces is permitted through the west main wall of a building on Block B from Croatia Street or Dufferin Street;

(U) Despite Regulation 40.10.100.10(1)(C), vehicle access is permitted as follows:

(i) For Block A and Block B, one vehicle access point is permitted through the east main wall of a building on Block A from Croatia Street or Dufferin Street;

(V) Despite Regulation 200.5.1.10(13), areas used for required parking spaces in Block A and Block B may have driveway access through a private road identified as Block D on Diagram 3 attached to By-law [Clerks to insert By-law ##];

(W) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

(i) a minimum of 0.29 residential occupant parking spaces for each dwelling unit;

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

(iii) a minimum of 1 parking space for each 100 square metres of non-residential gross floor area;

(X) 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 that 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, rounded down to the nearest whole number;

(ii) for the purpose of this exception, "car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such "car-share" motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and

(iii) for the purposes of this exception, “car-share parking space” means a parking space exclusively reserved and signed for a vehicle used only for "car-share" purposes;

(Y) Despite Regulation 200.5.1.10(2)(A)(i), a maximum of five per cent of the parking spaces required by (V) above may have a minimum length of 5.0 metres;

(Z) Despite Regulation 200.5.1.10(2)(A)(iv), a maximum of five percent 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 sides of the parking space;

(AA) Parking spaces provided for permitted non-residential uses on the lands may be shared with residential visitors on a non-exclusive basis;

(BB) Parking spaces for non-residential and residential visitor uses may be provided as public parking in a commercial parking garage;

(CC) Despite Regulation 230.5.10.1(1) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided and maintained on the lands, in accordance with the following:

(i) a minimum of 0.10 bicycle parking spaces per dwelling unit must be allocated for "short-term" bicycle parking spaces;

(ii) a minimum of 0.90 bicycle parking spaces per dwelling unit must be allocated for "long-term" bicycle parking spaces;

(iii) a minimum of 3 plus 0.3 "short-term" bicycle parking spaces per 100 square metres of gross floor area for permitted non-residential uses must be provided; and

(iv) a minimum of 0.2 "long-term" bicycle parking spaces per 100 square metres of gross floor area for permitted non-residential uses must be provided;

(DD) Despite Regulation 230.5.1.10(9), "long-term" bicycle parking spaces may be located on all levels of the building below ground;

(EE) Despite Regulation 230.5.1.10(4), a stacked bicycle parking space must comply with the following dimensions:

(i) a minimum length of 1.8 metres;

(ii) a minimum width of 0.4 metres; and

(iii) a minimum vertical clearance of 1.2 metres;

(FF) Despite Regulations 220.5.10.1(2), (3), (4), (5), and (8), loading spaces must be provided in accordance with the following:

(i) a minimum of two Type “A” loading spaces;

(ii) a minimum of three Type “B” loading spaces;

(iii) a minimum of two Type “G” loading spaces;

(GG) A "privately owned publicly-accessible open space" with a minimum area of 435 square metres must be provided on the ground level at the northwest corner of Block A, as identified on Diagram 4 of By-law [Clerk to insert By-law ##], unless any part of the area is conveyed to the City as a street;

(i) for the purpose of this exception, "privately owned publicly-accessible open space" means a space on the lands that is accessible to the public, secured through appropriate legal agreements and may include pedestrian walkways, seating areas, landscaped plazas, short term bicycle parking required by By-law [Clerk to insert By-law ##], and ornamental structures and is used principally for the purpose of sitting, standing and other recreational uses;

Prevailing By-laws and Prevailing Sections:

(A) Section 12(2) 270(a) of former City of Toronto By-law 438-86.

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. Section 37 Requirements:

(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, as amended, came into force, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted the lands shown on Diagram 2 of By-law [Clerks to supply ##] in return for the provision by the owner, at the owner's expense, of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act, as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, c. 18, as amended, came into force, 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 lands when the following conditions have been fulfilled to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and Council:

(i) Any approvals required by the Ministry of the Environment, Conservation and Parks, or successor Ministry, under the Ontario Water Resources Act related to the removal and decommissioning of the Garrison Trunk Sewer;

(ii) The removal and decommissioning of the existing Garrison Truck Sewer be undertaken; and

(iii) The sewers are designed and constructed and it is demonstrated that the newly constructed sewers are able to service the development of the lands.

Ontario Land Tribunal Decision issued on November 21, 2021 and Ontario Land Tribunal Order effective on August 10, 2022 in Tribunal File OLT-22-003693.

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 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. The Owner shall, at its own expense, construct and maintain 120 Affordable Rental Housing Units comprised of an area of not less than 5,797 square metres of residential gross floor area in accordance with the terms and conditions of the Section 37 Agreement and subject to the following, all satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat:

(A) Based on 100 percent average market rent with an affordability period of 99 years;

(B) The unit sizes and types shall be specified in the Section 37 Agreement;

(C) the affordable housing rental units shall be provided in contiguous groups of at least six dwelling units;

(D) any adjustments to the total gross floor area then the proposed number of affordable rental housing units, affordable rental housing unit mix and/or affordable rental housing unit sizes will be adjusted accordingly, to the satisfaction of the Chief Planner and Executive Director, City Planning, as secured in the Section 37 Agreement.

2. Prior to the issuance of any building permit on the Lands, including permits for excavation and shoring, the Owner shall enter into a Municipal Capital Facility Agreement with the City wherein the City agrees to provide the Open Door Program Incentives to the Owner and the Owner agrees to design, construct, provide, maintain and contribute to the provision and maintenance of 120 new Affordable Rental Housing Units on the Lands, on such terms and conditions satisfactory to the Executive Director, Housing Secretariat.

3. The Owner shall provide and maintain any market rental units as rental dwelling units, and to generally maintain the market rental building(s) during the market rental period, of at least 40 years, commencing from occupancy of such market residential dwelling units and with no applications for demolition or conversion from residential rental use during such 40-year period, on such terms and conditions as may be specified in the Section 37 Agreement all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

Matters Required to Support the Development

4. Prior to the issuance of the first above-grade Building Permit for any Building on any part of the Lands, the Owner shall convey, in fee simple and in an acceptable environmental condition to the City, a minimum of 2,079 square metre of land for public park purposes zoned OR on Diagram 2 to this By-law, free and clear above-grade and below-grade of all physical obstructions and easements, encumbrances, unless otherwise permitted in writing by the General Manager, PFR or as otherwise permitted by this Agreement, and free and clear of all title encumbrances including, but not limited to all easements, rights-of-way, leases, charges, and encroachments, including surface and subsurface easements, to the satisfaction of General Manager, PFR and the City Solicitor.

5. The Owner shall provide a privately-owned publicly accessible open space on the northwest corner of the lands of a minimum size of 435 square metres, whereby as a pre-approval condition to Site Plan Approval for the lands where the privately-owned publicly accessible open space is located, 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 privately-owned publicly accessible open space and any required public access easements to connect the privately-owned publicly accessible open space to adjacent privately-owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately-owned publicly accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately-owned publicly accessible open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately-owned publicly accessible open space shall be determined in the context of a site plan approval for each building pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City of Toronto, unless any part of the area is conveyed to the City as a street;

6. The Owner shall provide a public access easement(s) over the Private Street within a minimum width of 18.5 metres to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the pedestrian easement to be determined in the context of a Site Plan Approval; 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 public access easement area for vehicular and pedestrian access and any required public access easements to connect the adjacent open spaces and/or public rights-of-way, where necessary; the owner shall own, operate, maintain and repair the private street and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the private street at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the private street shall be determined in the context of a site plan approval for the Development Site pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City and any such temporary closures of the Private Street be expressly limited in the Section 37 Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

7. The Owner will construct and maintain the lands in accordance with Tier 1, Toronto Green Standard and the owner will 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 application for each building on the lands;

8. The requirements for a construction management plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent ongoing development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information and a communication strategy with the surrounding community and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

9. The appropriate agreements shall provide for the implementation of, and/or mitigation measures listed, in any of the reports, studies and plans accepted by the City submitted by the owner to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

10. Prior to Site Plan Approval, and as part of the Site Plan review process, for any building of the Development, the Owner shall at its sole cost and expense, prepare and submit an updated and/or new Multi-Modal Transportation Impact Study ("TIS") to the satisfaction of the General Manager, Transportation Services, for the required transportation improvements, including any required improvements along Croatia Street and/or Dufferin Street and warrant analysis along Croatia Street and at Dufferin Street and Croatia Street and Transportation Demand Management (TDM) measures identified in the TIS accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

11. At the Owner's, sole cost and expense, should the potential extension of Pauline Avenue south of Croatia Street (the "Potential Public Street Extension"), the manner (including consideration of any agreements, easements and/or covenants that may be required) in which the City in the future will be able to require the relocation and removal of the loading spaces for the lands shown on Diagram 1 of this By-law for Diagram 2, where the future public street may be located on such terms and conditions that are satisfactory to the General Manager, Transportation Services, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Executive Director, Corporate and Real Estate Management.

12. The Owner shall design any below-grade components of the Building that are on the western portion of the Lands in compliance with the Bridge Code to ensure that should the Potential Public Street Extension be realized that the below-grade structure can sustain the loads associated with such a public street traversing over any below-grade structures as generally set out in the Section 37 Agreement.

13. Prior to the issuance of any Building Permit for any Building on the western portion of the Lands, the Owner must provide plans and drawings demonstrating that the below-grade structure will be constructed in compliance with the Bridge Code satisfactory to the Chief Engineer and General Manager, Transportation.

14. The Owner shall provide, at their sole cost and expense, wind tunnel testing for the development as part of a site plan control application, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning.

15. The Owner shall provide, at their sole cost and expense, a revised landscape plan and soil volume plan for the entire Development Site subject of the Zoning By-law Amendment, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Director, Urban Forestry.

16. The Owner shall provide a Public Utilities Plan for the entire Development Site that is the subject of the Zoning By-law Amendment to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees and sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay on the Landscape Plan required above, for the entire Development Site, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry.