Riverking Development Inc. v. Toronto (City), 2022 CanLII 73973

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 27, 2022 CASE NO(S).: OLT-22-003969 (Formerly PL170696)

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

Applicant and Appellant: Riverking Development Inc. Subject: Application to amend Zoning By-law No. 7625 – Refusal or neglect of the City of Toronto to make a decision Existing Zoning: C1 (Commercial 1) Zone (for the portion of the subject property fronting Bathurst St.) and R4 (Residential Density 4) Zone (on the eastern portion of the subject property) Proposed Zoning: Site Specific (To be determined) Purpose: To permit a 10 storey mixed-use residential building fronting Bathurst St. with two wings of 4 storey grade related townhouses on the eastern portion of the site Property Address/Description: 2795-2799 & 2801 Bathurst St. Municipality: City of Toronto Municipality File No.: 15 152614 NNY 16 OZ OLT Case No.: OLT-22-003969 Legacy Case No.: PL170696 OLT Case Name: Riverking Development Inc. v. Toronto (City)

Heard: July 15, 2022 via telephone conference

APPEARANCES:

Parties Riverking Development Inc. City of Toronto

Counsel Eileen Costello Derin Abimbola

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JULY 15, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1In January 2019 the Tribunal granted approval in principle to site specific zoning amendments in order to permit the redevelopment of lands known municipally as 2795-2799 Bathurst Street to accommodate a nine storey residential building. Site and Area Specific (“SASP 562”), received final approval by the Tribunal following the conclusion of the same hearing.

2The corner parcel, 2793 Bathurst Street, occupied by a free standing commercial enterprise did not form part of the rezoning appeal granted by the Tribunal, but does share the Mixed Use Official Plan designation.

3Riverking Developments Inc. (“Riverking”) has now acquired the corner property thereby creating an enhanced development site, which when comprehensively redeveloped, better optimizes the intensification opportunity afforded by the site together with presenting an improved built form, addressing the corner.

4Riverking therefore seeks to revise the existing approval in principle to allow for the minor adjustments to the draft zoning by-law instrument incorporating the corner parcel.

5The matter comes to the Tribunal with the endorsement of the City, and was supported by uncontested, Affidavit evidence of Craig Hunter, who had been qualified at the original hearing to assist the Tribunal with opinion evidence on matters of land use planning. The Affidavit, marked as Exhibit 1 to this proceeding, sworn June 9, 2022, was complemented by viva voce evidence confirming the opinions therein.

6Mr. Hunter specifically addressed the now in-force provincial policies, namely the Provincial Policy Statement 2020, and the 2020 Growth Plan for the Greater Golden Horseshoe, and SASP 562, together with the general policies of the Official Plan which would be germane to this improvement upon the approvals previously granted by the Tribunal, pursuant to the then existing intensification opportunities.

7The Tribunal reviewed the minor adjustments to the draft instruments, confirmed the endorsement by the City, and approved the revised zoning by-law amendments to both By-law Nos. 7625 and 563-2013 effective this date July 15, 2022.

ORDER

8THE TRIBUNAL ORDERS that the appeals by Riverking Development Inc., inclusive of 2793 Bathurst Street, are allowed in part, and herein directs that upon receipt of notice from the City Solicitor to the Tribunal that the s. 37 agreement has been registered, the Tribunal will issue its final Order, and the municipal clerk is hereby directed to proceed to amend the respective by-law in accordance with the attached amending by-laws, forming part of this Order.

“Sharyn Vincent”

SHARYN VINCENT VICE-CHAIR

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: Order/Decision PL170696 of the Local Planning Appeal Tribunal issued on January 30, 2019 and authorized by the Ontario Land Tribunal by way of an Oral Decision issued and effective on July 15, 2022

CITY OF TORONTO

BY-LAW -2022 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 2793, 2795 -2799 Bathurst Street.

Whereas the Local Planning Appeal Tribunal, by its Decision issued January 30, 2019 on File PL170696 and authorized by the Ontario Land Tribunal by way of an oral decision issued and effective on July 15, 2022 approved amendments to the City of Toronto Zoning By-law 569-2013, as amended, with respect to the lands municipally known as 2793, 2795 – 2799 and Bathurst Street; and

Whereas the Ontario Land Tribunal held a hearing in accordance with the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, to pass this By-law; and

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

Whereas 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 ("COVID-19 Economic Recovery Act, 2020") came into force, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

Whereas subsection 37(3) of the Planning Act, as it read on the day before section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force, provides that where an owner of land elects to provide facilities, services and matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out in Schedule A of this By-law; and

Whereas the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law 569-2013 as amended, is permitted in return for the provision of the facilities, services and matters set out in Schedule A of this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto;

Therefore the City of Toronto By-law 569-2013, as amended, is hereby further amended by the Ontario Tribunal as follows:

The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.
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 to CR 1.0 (c.1.0; r 1.0) SS2, (x355) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900. 11.10 Exception Number 355 so that it reads:

Exception CR 355

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 2793, 2795 – 2799 Bathurst Street if the requirements of Section 6 and Schedule A of By-law [Clerks to supply by-law ##] are complied with, a building, structure, addition or enlargement may be constructed in compliance with (B) to (Q), below.

(B) Within the hatched area shown on Diagram 4 of By-law [Clerks to supply by-law ##], the only uses permitted are vehicular access, ramps, residential and non-residential parking spaces and bicycle parking spaces, loading spaces and servicing areas, access to the loading and servicing areas, access to residential and non-residential parking spaces, balconies, terraces/indoor and outdoor amenity spaces, the pedestrian entrance and lobby, locker rooms, storage rooms, mechanical rooms, and residential dwelling units that are associated with the mixed use building.

(C) Despite regulations 40.5.40.10(1) & (2) the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 180.5 metres and the elevation of the highest point of the building or structure.

(D) Clause 40.10.30.40, with regards to lot coverage, does not apply.

(E) Despite regulation 40.10.40.1(1), residential use portions of the building may be located on the same storey as non-residential use portions.

(F) Despite regulations 40.10.40.10(2) and 40.10.40.1(7), the permitted maximum height and storeys of a building or structure is the numerical value in metres following the letters "HT" and the number of storeys prior to the letters "ST" on Diagram 3 of By-law [Clerks to insert by-law number]; and

(i) the mezzanine and mechanical penthouse shall not be included in the calculation of the number of storeys;

(G) Despite regulation 40.5.40.10(3) to (8) and (F) above, the following elements of a building may project above the permitted maximum height on Diagram 3 of By-law [Clerks to insert by-law number]:

(i) mechanical penthouse to a maximum of 5.5 metres;

(ii) safety railings, parapets, balustrades, guardrails, chimneys, vents, stacks, landscaping elements, green roof elements, outdoor furniture, roof access hatches, planters, ventilation shafts and ramps to a maximum of 2.5 metres; and

(iii) trellises, window washing equipment, privacy screens, wind screens, architectural screens, stairs, stairs enclosures associated with an entrance of exit, elevator overruns and elements or structures on the roof of the building used for outside or open air recreation, safety or wind protection purposes to a maximum of 5 metres;

(H) For the purpose of determining compliance with regulation 40.10.40.10(5), the required minimum height of first storey does not apply to residential uses and the minimum height of all other non-residential uses is 4.0 metres;

(I) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of the building is 15,720 square metres of which:

(i) no more than 14,800 square metres may be for residential uses; and

(ii) no more than 920 square metres may be for non-residential uses;

(J) Despite regulation 40.10.40.70(2), the required minimum building setbacks for a building or structure are shown on Diagram 3 of By-law [Clerks to insert by-law number];

(K) Despite clause 40.10.40.60 and regulation (J) above, the following may encroach into the required minimum building setbacks on Diagram 3 of By-law [Clerks to insert by-law number]:

(i) cornices, light fixtures, ornamental elements, parapets, and landscape features, patios, pillars, trellises, balconies, terraces, eaves, window sills, bay windows, planters, ventilation shafts, guardrails, railings, wheelchair ramps, fences, screens, site servicing features, up to a maximum of 1.5 metres;

(ii) the main residential entrance canopy located on the ground floor up to a maximum of 3.0 metres and all other canopies up to a maximum of 1.8 metres;

(iii) on the north side of the portion of the building labelled "HT 10.4" on Diagram 3 of By-law [Clerks to insert by-law number]: cornices, light fixtures, ornamental elements, parapets, eaves, window sills, bay windows, up to a maximum of 0.5 metres;

(iv) Where located on the ground of the north side of the building labelled "HT 10.4" on Diagram 3 of By-law [Clerks to insert by-law number]: terraces, platforms, retaining walls, walkways, landscaping features, patios, decks, planters, guard rails, pillars, stairs, parapets, wheelchair ramps, fences and ventilation shafts up to a maximum of 5.5 metres;

(v) Where located on the ground of the south side of the building labelled "HT 13.65" on Diagram 3 of By-law [Clerks to insert by-law number]: platforms, light fixtures covered stairway enclosures, retaining walls, walkways, landscaping features, patios, decks, planters, guard rails, pillars, stairs, stair rails parapet and wheelchair ramps; and

(vi) Where located on the ground on the east side of the portion of the building labelled "HT 5.7", "HT 10.4", and "HT 13.65" on Diagram 3 of By-law [Clerks to insert by-law number]: transformer vaults, underground garage ramps and their associated structures, stairs, landscape features, planters, guard rails, parapets, pillars, wheelchair ramps, fences, gas meter, canopies, site servicing features, and ventilation shafts, to a maximum of 3.15 metres;

(L) Despite regulation 40.10.40.60(1)(C)(iii):

(i) Balconies located on the north side above the fourth storey of the portion of the building labelled "HT 7.5", "HT 19.9", "HT 23.15", "HT 26.4", and "HT 30" on Diagram 3 of By-law [Clerks to insert by-law number] must have a minimum depth of 1.8 metres, measured from the main wall.

(ii) Balconies located on the north side above the fifth storey of the portion of the building labelled "HT 7.5", "HT 19.9", "HT 23.15", "HT 26.4" and "HT 30" on Diagram 3 of By-law [Clerks to insert by-law number] must have a length equal to 25 percent of the width of the north side main wall of the ninth storey.

(M) Despite regulation 40.10.50.10(3), a minimum 1.5 metre wide strip of land used only for soft landscaping must be provided abutting 40 percent of the east lot line abutting the lot in the Residential Zone category.

(N) Despite regulation 200.5.10.1(1) and Table 200.5.1.10, parking spaces must be provided below the Canadian Geodetic Datum elevation of 180.5 metres in accordance with the following:

(i) 0.8 residential occupant parking spaces for each one-bedroom dwelling unit;

(ii) 0.9 residential occupant parking spaces for each two-bedroom dwelling unit;

(iii) 1.1 residential occupant parking spaces for each three-bedroom and greater dwelling unit;

(iv) 0.15 visitor parking spaces per dwelling unit; and

(v) 1.0 parking spaces for each 100 square metres of non-residential gross floor area for all non-residential uses;

(O) Despite regulation 200.5.1.10(2)(A)(iv), a maximum of 15 percent of the total number of parking spaces may be obstructed on both sides;

(P) Despite clauses 220.5.10.1 and 40.10.90.1, one Type "G" loading space is required on the lot;

(Q) Despite regulation 40.10.90.10(1)(c), a loading space may be provided in the rear yard that abuts a lot in the Residential Zone category;

Prevailing By-laws and Prevailing Sections:

(A) Schedule 'D' Airport Hazard Map from City of North York Zoning by-law 7625.

Despite any existing or future severance, partitions or division of the lot, the provisions of this By-law will apply to the whole of the lot as if no severance partition or division occurred.
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 came into force, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram [1] of this By-law in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Schedule A of this By-law hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act, as it read on the day before section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force, that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor.

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

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

Pursuant to the Order/Decision PL170696 of the Local Planning Appeal Tribunal issued on January 30, 2019 and authorized by the Ontario Land Tribunal by way of an Oral Decision issued and effective on July 15, 2022.

Schedule A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City at the owner's expense in return for the increase in height and density of the proposed development on the lands as shown in Schedule 1 in this By-law and secured in an agreement or agreements under Section 37(3) of the Planning Act whereby the owner agrees as follows:

Prior to the issuance of any Building Permit, the owner shall enter into an agreement and the agreement shall be registered on title to the lands to the satisfaction of the City Solicitor pursuant to Section 37 of the Planning Act as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force to secure facilities, services or matters set out below:

i. Prior to the issuance of the first above grade building permit the Owner shall provide to the City of Toronto $1,081,723.84 (one million, eighty-one thousand, seven hundred and twenty-three dollars and eighty-four cents s) to be allocated at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor for local area park improvements in the new Ward 8 and/or public realm improvements along Bathurst Street in the new Ward 8.

ii. The cash contribution will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment;

iii. In the event the cash contribution referred to in (a) has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. Road improvements to Glencairn Avenue to support the proposed development such as a new eastbound left turn lane into the site.

Attachment 2

CITY OF TORONTO

BY-LAW -2022 (OLT)

To amend former City of North York Zoning By-law 7625, as amended, with respect to the lands municipally known in the year 2021 as 2793, 2795 -2799 Bathurst Street.

Whereas the Local Appeal Planning Tribunal (LPAT) pursuant to its Order PL170696 dated January 30, 2019 upon hearing the appeal of Riverking Development LP under Section 34 of the Planning Act 1990, c.P. 13, as amended, and authorized by the Ontario Land Tribunal by way of an Oral Decision issued and effective on July 15, 2022, has approved a zoning by-law amendment to By-law 7625 of the former City of North York; and

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

Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out in Schedule A of this By-law; and

Whereas the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law 7625 as amended, is permitted in return for the provision of the facilities, services and matters set out in Schedule A of this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto;

Therefore the Ontario Land Tribunal hereby approves as follows:

Schedules B and C of By-law 7625 of the former City of North York are amended in accordance with Schedule 1 of this By-law.
Section 64 of By-law 7625 of the former City of North York is amended by adding the following subsection:

64 (XX) C1(XX) To be finalized by clerk's office

DEFINITIONS

(a) APARTMENT DWELLING HOUSE

For the purpose of this exception, "apartment house dwelling" shall include in addition to dwelling units having access only from an internal corridor system, ground level dwelling units having access from both an internal corridor system and directly from the outside.

(b) BICYCLE PARKING SPACES – RESIDENTIAL/ RETAIL

Bicycle Parking Space means an area used for parking or storing a bicycle;

For the purpose of this exception "established grade shall mean the geodetic elevation of 180.5.

(d) GROSS FLOOR AREA

For the purpose of this exception, "gross floor area" shall mean the aggregate of the areas of each floor measured between the exterior faces of the exterior walls of the building or structure at the level of each floor excluding:

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

(ii) required loading spaces at the ground level and required bicycle parking spaces at or above ground;

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

(iv) amenity area required by this By-law;

(v) elevator shafts;

(vi) garbage shafts;

(vii) mechanical penthouse; and

(viii) exit stairwells in the building.

(e) GROSS SITE

For the purpose of this exception, "site area" shall mean the having an area of 3,593 square metres.

(f) LOT

the lot comprises at least the lands delineated by heavy lines on Schedule 1, zoned as C1 attached to and forming part of this By-law;

PERMITTED USES

(a) In addition to all uses permitted in a C1 zone under Section 23(1), outdoor Residential Recreational Amenity Areas may be located on roof top terraces.

EXCEPTION REGULATIONS

(a) GROSS FLOOR AREA

The maximum gross floor area shall not exceed 15,720 square metres.

(i) A total of 14,800 square metres of residential gross floor area shall be permitted.

(ii) A total of 920 square metres of non-residential gross floor area shall be permitted.

(b) BUILDING HEIGHT

The maximum building heights shall be regulated in accordance with the following requirements:

(i) The building height shall not exceed the maximum heights in metres as shown on Schedule 2 excluding mechanical penthouses up to 5.5 metres in height and any eaves, canopies, cornices, lighting fixtures, awnings, fences, and safety railings, architectural features, parapets, trellises, balustrades, window sills, window washing equipment, privacy screens, architectural screens, guardrails, chimneys, vents, stacks, terraces, platforms, transformer vaults, wheelchair ramps, retaining walls, ornamental elements, architectural elements, landscaping elements, paving and insulation, green roof elements, outdoor furniture, roof access hatches, walkways, stairs, covered stairs and or stair enclosures associated with an entrance or exit from an underground parking garage, underground parking garage ramps and their associated structures, stair landings, planters, and public art features, elevator overruns and elements or structures on the roof of the building used for outside or open air recreation, safety or wind protection purposes;

(ii) Provision 23.2.4.3 for maximum building height for commercial buildings with dwellings above the first floor shall not apply.

(i) Provide building setbacks as shown on Schedule 2 attached to this By-law.

(ii) Minimum yard setbacks for structures below finished grade shall be 0 metres.

(d) BUILDING ENVELOPE

No portion of any building or structure erected and used above established grade shall be located otherwise than wholly within the building envelope identified on Schedule 2. Notwithstanding this requirement, the following projections are permitted:

(i) cornices, light fixtures, ornamental elements, parapets, art and landscape features, patios, decks, pillars, trellises, balconies, terraces, eaves, window sills, bay windows, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, retaining walls, screens, site servicing features, awnings and canopies, private laneway may extend beyond the heavy lines shown on Schedule 2.

(ii) Notwithstanding the foregoing clause, balconies located above the 4th storey on that portion of the north tower façade must have a minimum depth of 1.8 metres. The total length of all balconies is a minimum of 25 percent of the width of the 9th floor for the 5th to 9th floors on the northern façade of the mid-rise as shown on Schedule 2.

(e) AMENITY AREA

Recreational Amenity Area

(i) A minimum of 2.0 square metres of indoor private recreational amenity area per dwelling unit shall be provided; and

(ii) A minimum of 2.0 square metres of outdoor private recreational amenity area per dwelling unit shall be provided.

(f) AUTOMOBILE PARKING REQUIREMENTS

Provide parking in accordance with the following minimum requirements within a Mixed-Use Building:

(i) for residential dwelling unit:

a. 1-Bedroom Units 0.8 spaces per unit;

b. 2-Bedroom Units 0.9 spaces per unit;

c. 3+ Bedroom Units 1.1 spaces per unit; and

d. Visitor 0.15 spaces per unit.

(ii) for non-residential uses, 1 parking space per 100 square metres of Gross Floor Area.

(iii) all parking spaces shall maintain a minimum width of 2.6 metres and a minimum length of 5.6 metres.

(iv) regulation 6A(3) (i) and (iii) shall not apply.

(v) residential visitor parking spaces can be shared with the non-residential commercial parking spaces.

(g) BICYCLE PARKING REQUIREMENTS

(i) Residential occupant bicycle parking spaces shall be provided at a minimum rate of 0.9 long term bicycle spaces per dwelling unit;

(ii) Residential visitor bicycle parking spaces shall be provided at a minimum rate of 0.1 per dwelling unit;

(iii) Retail long-term bicycle parking shall be provided at grade at a minimum rate of 0.2 spaces per 100 square metres of Gross Floor Area; and

(iv) Retail short-term bicycle parking shall be provided at grade at a minimum rate of 0.3 spaces per 100 square metres of Gross Floor Area.

(h) LOADING SPACE

For the purpose of this exception, loading space shall mean:

(i) A minimum of one Type G loading space shall be provided with minimum dimensions of 4.0 metres wide, 13.0 metres long and vertical clearance of 6.1 metres.

(i) LOT COVERAGE

(i) Provision 23.2.1 does not apply.

(j) LOT AREA

(i) Lot area provision 23.2.4.1 do not apply.

(k) Floor area of Dwelling Unit

(i) Provision 23.2.4.2 for minimum dwelling unit shall not apply.

DIVISION OF LANDS

Notwithstanding any severance or division of the lands subject to this exception the regulations of this exception shall continue to apply to the whole of the lands.

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

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

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

TEMPORARY USE

A Temporary Rental Office and associated parking spaces may be permitted on the lot lot which shall be exempt from all development standards and regulations in Former North York By-law 7625.

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

Schedule A

Section 37 Provisions

Prior to the issuance of any Building Permit, the owner shall enter into an agreement and the agreement shall be registered on title to the lands to the satisfaction of the City Solicitor pursuant to Section 37 of the Planning Act as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force to secure facilities, services or matters set out below:

i. Prior to the issuance of the first above grade building permit the Owner shall provide to the City of Toronto $1,081,723.84 (one million, eighty-one thousand, seven hundred and twenty-three dollars and eighty-four cents) be allocated at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor for local area park improvements in the new Ward 8 and/or public realm improvements along Bathurst Street in the new Ward 8.

iii. In the event the cash contribution referred to in (i) above has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. Road improvements to Glencairn Avenue to support the proposed development, such as a new eastbound left turn lane into the site.