20 York Inc. v Toronto (City), 2022 CanLII 75888

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 15, 2022

EFFECTIVE DATE: August 12, 2022

CASE NO.: OLT-22-003085 (Formerly PL200354)

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

Applicant and Appellant: 20 York Inc.

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

Existing Zoning: Mixed Use Areas

Proposed Zoning: Mixed Use Areas

Purpose: To permit the development of a 48 storey office building

Property Address/Description: 149, 151, 171 Front Street West, 7 Station Street, 20 York Street

Municipality: City of Toronto

Municipal Number: 14 122777 STE 20 OZ

OLT Case No.: OLT-22-003085

Legacy Case No.: PL200354

OLT File No.: OLT-22-003085

Legacy File No.: PL200354

OLT Case Name: 20 York 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: 20 York Inc.

Subject: Application to amend Zoning By-law No. 595-2007 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: CR Block 6

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit the development of a 48 storey office building

Property Address/Description: 149, 151, 171 Front Street West, 7 Station Street, 20 York Street

Municipality: City of Toronto

Municipal Number: 14 122777 STE 20 OZ

OLT Case No.: OLT-22-003085

Legacy Case No.: PL200354

OLT File No.: OLT-22-003088

Legacy File No.: PL200355

OLT Case Name: 20 York Inc. v Toronto (City)

BEFORE:

G.C.P. BISHOP

ALTERNATE CHAIR

Friday, the 12th day of August, 2022

THIS MATTER having come on for a public hearing December 1, 2021 and the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued its decision on January 11, 2022 and determined that the appeals under subsection 22(7) (the "Official Plan Appeal") and 34(11) of the Planning Act (the “Zoning Appeal”) should be allowed and that the proposed official plan and zoning by-law amendments are in a final form and content satisfactory to the City and should be approved.

AND PURSUANT TO RULE 24.3 OF THE TRIBUNAL'S RULES this Order is effective on August 12,2022.

AND THE TRIBUNAL BEING SATISFIED that the manner in which those prior conditions to the Final Orders previously imposed by the Tribunal, upon the consent of the parties, have been satisfied or will now be appropriately addressed and satisfied through the inclusion of Holding Provisions and Holding symbol within the final form of the Zoning By-law Amendment, and that it is accordingly appropriate that the Tribunal issue its Final Order amending the identified City Zoning By-law through the revised instruments now submitted for final approval;

THE TRIBUNAL ORDERS that the Official Plan Appeal is allowed in part and that the Official Plan of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to this by-law for record keeping purposes.

THE TRIBUNAL ORDERS that the Zoning Appeal is allowed and that the Railway Lands East Area A Zoning By-law No. 168-83 of the former City of Toronto, as amended by By-law No. 595-2007, is hereby amended in the manner set out in Attachment “2” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to this by-law for record keeping purposes.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal

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

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

Authority: Ontario Land Tribunal Order issued on [DATE] in Tribunal File OLT-22-003085 and Legacy File PL200354

CITY OF TORONTO

Bill XX

BY-LAW XXXX-2022

To adopt Amendment 278 to the Official Plan for the City of Toronto respecting the lands municipally known in the year 2021 as 149, 151, and 171 Front Street West, 7 Station Street and 20 York Street.

Whereas authority is given to the Ontario Land Tribunal under the Planning Act, R.S.O. 1990, c. P.13, as amended, upon hearing the appeal of the owners, to pass this By-law; and

Therefore the Official Plan of the City of Toronto, as amended, is further amended by the Ontario Land Tribunal as follows:

1. The attached Amendment 278 to the Official Plan is adopted pursuant to the Planning Act, as amended.

Enacted and passed on [DATE], 2022

Ontario Land Tribunal Order issued on [DATE] in Tribunal File OLT-22-003085 and Legacy File PL200354

AMENDMENT 278 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 as 149, 151, AND 171 FRONT STREET WEST, 7 STATION STREET AND 20 YORK STREET

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

1. Chapter 6, Section 17, Railway Lands East Secondary Plan is amended as follows:

1.1 Section 10.9 of the Railway Lands East Secondary Plan and Appendix 1 referred to therein are repealed and replaced with the following:

10.9 Notwithstanding any of the provisions of this Plan, the Council/Ontario Land Tribunal may pass by-laws, pursuant to Section 37 of the Planning Act, respecting the lands municipally known in the year 2021 as 149, 151, and 171 Front Street West, 7 Station Street and 20 York Street to increase the height limits, and increase the non-residential gross floor area within the site by a maximum of 135,000 square metres.

ATTACHMENT 2

Authority: Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-003085 and Legacy File PL200354

CITY OF TORONTO

BY-LAW No. ~-2022(OLT)

To amend the Railway Lands East Area A Zoning By-law No. 168-93 of the former City of Toronto, as amended by Zoning By-law No. 595-2007, with respect to lands municipally known as 149, 151, and 171 Front Street West, 7 Station Street and 20 York Street.

WHEREAS the Ontario Land Tribunal has been requested to amend the Railway Lands East Area A Zoning By-law No. 168-83 of the former City of Toronto, as amended by By-law No. 595-2007, pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, with respect to lands known municipally in the year 2021 as 149, 151, and 171 Front Street West, 7 Station Street and 20 York Street; and

WHEREAS the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13 to pass this By-law; and

WHEREAS authority is given to the Ontario Land Tribunal by Section 34 and Section 36 of the Planning Act, as amended, to impose the Holding Symbol (“H”) and for Council to remove the Holding Symbol (“H”) when Council is satisfied that the conditions relating to the Holding Symbol (”H”) have been satisfied; and

WHEREAS the Official Plan of the City of Toronto contains provisions relating to the use of Holding Symbol (“H”) with conditions in a zoning by-law; and

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

WHEREAS the Official Plan for the City of Toronto contains provisions relating to the use of Section 37 of the Planning Act as a mechanism to secure capital facilities required to support development; and

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

WHEREAS pursuant to Section 37 of the Planning Act, as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, c. 18 came into force, a By-law under Section 34 of the Planning Act may authorize increase in the height or density of development beyond those otherwise permitted by the By-law and that will be permitted in return for the provision of such facilities, services or matter 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 density or height of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and

WHEREAS the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out in Schedule "A" of this By-law in return for the increase in height and density permitted on the aforesaid lands by the Railway Lands East Area A Zoning By-law No. 168-83 of the former City of Toronto, as amended by By-law No. 595-2007; and

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

WHEREAS the Local Planning Appeal Tribunal, by its Decision/Order issued on January 11, 2022, in LPAT Case No. PL200354 approved amendments to the Railway Lands East Area A Zoning By-law No. 168-83 of the former City of Toronto, as amended by By-law No. 595-2007, pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, with respect to lands known municipally as 149, 151, and 171 Front Street West, 7 Station Street and 20 York Street; and

WHEREAS the Local Planning Appeal Tribunal is continued under the name Ontario Land Tribunal (the “OLT”) and any reference to the Local Planning Appeal Tribunal or LPAT in this By-law is deemed to be a reference to the OLT; and

NOW THEREFORE pursuant to the Order of the OLT, the Railway Lands East Area A Zoning By-law No. 168-83 of the former City of Toronto, as amended by By-law No. 595-2007, is further amended as follows:

1. This By-law applies to the lands delineated by a heavy line and identified municipally as “149, 151, and 171 Front Street West, 7 Station Street and 20 York Street” as shown on Map 1 attached hereto.

2. Except as otherwise provided herein, the provisions of By-law No. 168-83, as amended by By-law No. 595-2007, shall continue to apply to the site.

3. District Map 50G-323 contained in Appendix A and Height Map 50G-323 contained in Appendix B, and Map 1 contained in Appendix E, each of By-law No. 168-93 of the former City of Toronto, are further amended by amending the zone label respecting the site, comprised of the lands within the heavy lines on Map 1 attached this By-law, from a zone label of CR BLOCK 6 to a zone label of CR (H) BLOCK 6.

4. None of the provisions of Sections 2 and 19 with respect to the definitions of “bicycle parking space – occupant”, “bicycle parking space – visitor”, “grade”, “height”, “non-residential gross floor area”, “parking space”, “street related retail and service uses”, 4(4), 4(5)(a) – (q) and Schedule 1, 4(9), 6(1)(b)(i) – (v), 6(1)(b)(x), 6(3) PART I 2 and 3, and 6(4)7 of By-law No. 168-83 of the former City of Toronto, being "A By-law and specific amending By-laws 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 of the City of Toronto", as amended, and the provisions of Sections 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 20(a), 20(c), and 20(d) of By-law No. 595-2007, shall apply to prevent the erection and use of a non-residential building or buildings on the site provided:

the site on which the building or building(s) is/are to be located comprises those lands within the heavy lines on Map 1, attached to and forming part of this By-law;

notwithstanding the exclusionary nature of the uses permitted on the site as specified in Section 6 of By-law 569-2007, the following uses shall also be permitted:

District Heating and Cooling Plant;

Entertainment Place of Assembly;

Place of Assembly;

Bicycle – share; and

Any use which is accessory to any of the uses referred to above;

the maximum combined non-residential gross floor area of all buildings or structures erected within the site shall not exceed 135,000 square metres, exclusive of all existing development, and no residential gross floor area shall be permitted;

the building or buildings on the site, or any portions thereof, may not be erected or used for any commercial use, exclusive of all existing development, unless:

the portion of the main floor level devoted to street-related retail and service uses has a width of at least 30% of any street frontage of a building; and

the main floor level of the portion of a building devoted to street-related retail and service uses is located within 1.2 metres of the sidewalk level directly opposite the door to every commercial unit with direct access to a street;

no part of any building shall exceed the height limits in metres specified by the numbers following the symbol “H” as shown on Map 2 attached hereto and no portion of any building or structure erected or used on the site shall be located above grade other than within a building envelope as shown on Map 2;

notwithstanding (e) above, height limits and building envelope restrictions apply only to those parts of a building or structure located above ground;

subsection (e) above does not apply to prevent the erection or use above the said maximum height limits shown on Map 2 or the projection beyond a building envelope shown on Map 2, of:

the projections identified in Sections 9 and 11 of By-law 595-2007, excepting rooftop generators, rooftop cooling towers, rooftop stairs and stair enclosures, canopies and awnings, antennae and window washing equipment, subject to the limitations set out in Sections 9 and 11 of By-law 595-2007;

building elements and structures such as building maintenance units, window washing equipment and crane structures, are permitted to project beyond the building envelope by a maximum of 1.5 metres and by a maximum of 8.0 metres above the height limits shown on Map 2;

building elements and structures such as elevator shafts and elevator overruns by a maximum of 10.0 metres above the height limits shown on Map 2;

building elements and structures on any roof such as stairs, stair towers, cooling towers, mechanical, electrical, utility, or other equipment and devices used for the functional operation of the building, unenclosed heating equipment and power generators, the enclosure, screening or covering of equipment and devices and related structural elements and architectural screens, by a maximum of 6.0 metres above the height limits shown on Map 2;

building elements and structures on any roof such as lightning rods, chimneys, stacks, flues, vents, and air intakes to a maximum of 10.0 metres above the height limits shown on Map 2;

building elements and structures on any roof used for maintenance or safety or that are associated with a green roof, structures and elements associated with green energy or renewable energy facilities, including photovoltaic solar energy devices, stairs, stair enclosures, vestibules, roof access, food preparation and sanitary facilities, guardrails and railings, by a maximum of 6.0 metres above the height limits shown on Map 2;

building elements and structures such as lighting fixtures, cornices, sills, eaves, and parapets are permitted to project beyond a building envelope by a maximum of 3.0 metres and project a maximum of 3.0 metres above the height limits shown on Map 2;

building elements and structures such as railings, privacy screens, balustrades, bollards, sun and wind mitigation elements, trellises, guardrails, security equipment, access ramps, air intakes and vents, ventilation equipment, bicycle parking spaces, bike share facilities, ornamental or architectural features including planters and water features, green energy and renewable energy elements, outdoor recreation and amenity space elements, art installations, patios and decks may be located at ground level beyond a building envelope or on a rooftop and project by a maximum of 3.5 metres above the height limits shown on Map 2;

building elements and structures such as architectural fins and solar shading devices, which may comprise non-structure vertical and/or horizontal elements, are permitted to project beyond a building envelope by a maximum of 1.0 metres provided that the height of the architectural fins and solar shading devices is no higher than that portion of the building to which it is attached;

building elements and structures such as canopies, awnings, and trellises, including supporting structures, are permitted to project beyond a building envelope by a maximum of 6.0 metres or to a street line provided that the height of the canopy or awning is no higher than that portion of the building to which it is attached or by a maximum of 10.0 metres above the height limits shown on Map 2 where the canopies, awnings and trellises do not project beyond the building envelope;

building elements and structures associated with antennae and telecommunication equipment, by a maximum of 25.0 metres above the height limits shown on Map 2; and

an architectural feature wall by a maximum of 3.5 metres above the height limit identified and shown on Map 2 as Station Street;

parking spaces shall be provided and maintained on the site in accordance with the following requirements, except that such requirements shall not apply to existing development on the site:

a minimum of 96 parking spaces shall be provided and maintained on the site;

for a maximum of 14 parking spaces, the minimum parking space width shall be 2.6 metres although one side of such parking space may be obstructed;

Electrical Vehicle Infrastructure, including electrical vehicle supply equipment, shall not constitute an obstruction to a parking space;

accessible parking spaces must be provided and maintained on the site in accordance with the following requirements:

a minimum of 4 parking spaces, of the total number of required parking spaces pursuant to subsection (i) above, must comply with all regulations for an accessible parking space, including:

the entire length of an accessible parking space shall be adjacent to a 1.5 metre wide barrier free aisle or path on one side of the accessible parking space; and

the accessible parking spaces are required to be located within 30 metres of a barrier free entrance, main pedestrian access or a passenger elevator;

(i) bicycle parking spaces shall be provided and maintained on the site in accordance with the following minimum requirements, except that such requirements do not apply to existing development on the site:

a minimum of 201 bicycle parking spaces – occupant of which up to 150 may be parked in an upright position; and

a minimum of 182 bicycle parking spaces – visitor of which up to 60 may be parked in an upright position;

• for the bicycle parking spaces – occupant provided, a minimum of 4 shower and change facilities must be provided for each gender.

4. For the purposes of this By-law, the following words and expressions shall have the following meanings:

• “accessible parking space” means a parking space provided in accordance with the following requirements:

minimum length of 5.6 metres;

minimum width of 3.4 metres; and

minimum vertical clearance of 2.1 metres.

• "bicycle parking space – occupant" means an area that is equipped for the purpose of parking and securing bicycles, where such bicycle parking spaces may be provided in a stacked bicycle parking space arrangement, in any combination of vertical, horizontal or stacked positions, may be located in a secured room, in a locker or area on any floor of a building below, at or above grade and may be located more than 30 metres from a pedestrian entrance, and:

where the bicycles are to be parked horizontally, excluding stacked bicycle parking spaces, such bicycle parking spaces shall have horizontal dimensions of at least 0.71 metres in width for every two bicycle parking spaces by 1.8 metres in length and a vertical dimension of at least 1.9 metres;

where the bicycles are to be parked in a vertical position, such bicycle parking spaces shall have horizontal dimensions of at least 0.6 metres by 1.2 metres and a vertical dimension of at least 1.9 metres; and

where the bicycles are stacked and parked horizontally such stacked bicycle parking spaces shall have horizontal dimensions of at least 0.4 metres by 1.6 metres and a vertical dimension of at least 1.1 metres;

• “bicycle parking space – visitor” means an area that is equipped with a bicycle rack for the purpose of parking and securing bicycles, where such bicycle parking spaces may be provided in a stacked bicycle parking space arrangement, in any combination of vertical, horizontal or stacked positions, may be located in a secured room, in a locker or area on any floor of a building below, at or above grade and may be located more than 30 metres from a pedestrian entrance, and:

where the bicycles are to be parked horizontally, excluding stacked bicycle parking spaces, such bicycle parking spaces shall have horizontal dimensions of at least 0.71 metres in width for every two bicycle parking spaces by 1.8 metres in length and a vertical dimension of at least 1.9 metres;

where the bicycles are to be parked in a vertical position, such bicycle parking spaces shall have horizontal dimensions of at least 0.6 metres by 1.2 metres and a vertical dimension of at least 1.9 metres; and

where the bicycles are stacked and parked horizontally such stacked bicycle parking spaces shall have horizontal dimensions of at least 0.4 metres by 1.6 metres and a vertical dimension of at least 1.1 metres;

• “bicycle – share” means a shared transport service in which bicycles are made available for shared use to individuals on a short-term basis for a price or fee. May include both mechanical bike share and electric bike share systems, subject to compliance with bicycle-share parking space requirements;

• “bicycle – share parking space” means an area that is equipped with a bicycle rack for the purpose of parking and securing bicycles for bicycle-share use, and:

such bicycle parking spaces shall have horizontal dimensions of at least 0.76 metres in width for every two bicycle parking spaces by 1.8 metres in length and a vertical dimension of at least 1.9 metres; and

such bicycle parking spaces shall be reserved for bicycle-share use;

• “building envelope” means a building envelope as delineated by heavy lines on Map 2, attached to and forming part of this By-law;

• “district heating and cooling plant” means premises used to generate, for mass distribution, thermal energy to heat or cool;

• “entertainment place of assembly” means premises used to provide entertainment, such as a theatre, cinema, opera, concert hall/venue, or ballet;

• “existing development” means any buildings or structures located on the site as of January 1, 2007, and for clarity, excludes any additions to such buildings or structures made thereafter;

• “grade” means a Canadian Geodetic Datum elevation of 80.8 metres;

• “height” means the vertical distance between grade and the highest point of the building or structures, excluding permitted projections;

• “non-residential gross floor area” means the sum of the total area of each floor level of a building, above and below the ground, measured from the exterior of the main wall of each floor level reduced by the area in the building used for:

parking, loading and bicycle parking below-ground, at or above-ground and any access thereto;

storage rooms and washrooms;

the area of one or more pedestrian walkways that meet all of the following standards:

provide direct access between streets, buildings and similar walkway(s) in an adjacent building, to a T.T.C. subway station and to Union Station;

are no narrower than 3 metres at any point;

are located within 7.0 metres of grade;

are not used for any commercial purposes, including hotel lobbies, retail areas, commercial display areas or other rentable space;

or is used for the purposes of one or more washrooms or sitting areas that have access to such walkways;

rooms or enclosed areas within a building or structure below-ground, at or above-ground that are used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical or telecommunications equipment that service a building;

any areas located below-ground devoted to district heating and cooling plant facilities, devices and activities, including but not limited to, switchgear;

shower and change facilities related to bicycle parking;

elevator shafts;

garbage shafts and rooms;

mechanical penthouse; and

exit stairwells in the building;

• “obstructed” and “obstruction” means any part of a fixed object such as a wall, column, bollard, fence or pipe is situated:

within 0.3 metres of the side of a parking space, measured at right angles, and

more than 1.0 metre from the front or rear of a parking space;

• “parking space” means an unobstructed area of at least 5.6 metres in length and 2.6 metres in width and 2.0 metres in height which is readily accessible at all times for the parking and removal of a motor vehicle without the necessity of moving any other motor vehicle and which is entered by means of a driveway or passageway having a minimum unobstructed width of 6.0 metres;

• “place of assembly” means premises used for social, cultural, educational or trade events, such as a banquet hall, convention or trade centre, or amenity space;

• “site” means the whole of the lands delineated by the solid lines on Map 1, attached to and forming part of this By-law;

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

• “street-related retail and service uses” means in the case of a lot located in a CR district one or more of the shops or stores referred to in Section 6(1)(b)(iii) and Section 6(1)(b)(iv) of By-law 168-93, provided that:

a principal entrance for any such shop or store is located in an exterior wall of a building, but such entrance need not be an exclusive access to such shop or store or provide direct access to a street;

is directly accessible by pedestrians; and

a principal entrance for any such shop or store is located no more than 2 metres above or below ground level.

1. Holding Provisions

Prior to the lifting of the Holding Symbol (“H”) in whole or in part from the site, the following applies:

• The site shall not be used for any purpose other than the existing development, uses and buildings as existed on the site or as otherwise specified in this By-law, as of the date of the passing of this By-law until the Holding Symbol (“H”) has been removed; and

• An amending by-law to remove the Holding Symbol (“H”) provision in (a) above, in whole or in part, shall be enacted by City Council when the following conditions have been fulfilled to the satisfaction of Council:

The owner has entered into an agreement or agreements or otherwise secured the design, construction and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements to upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water; and

The owner has submitted a revised Heritage Impact Assessment that includes the complete Documentation and Interpretation Plan for the Skywalk and the Canadian National Express Shed Building and a detailed Conservation Plan for the heritage buildings at 20 York Street and 151 Front Street West, all of the satisfaction of the Senior Manager, Heritage Planning.

2. Each other word or expression, which is italicized in this By-law, shall have the same meaning as each such word or expression as defined in By-law No. 168-93, as amended by By-law No. 595-2007.

3. None of the provisions of this By-law, including the Holding Provision (“H”) set out in Section 5 above, will apply to prevent the existing development on the site outlined by heavy black lines on Diagram 1 to By-law [Clerks to supply by-law #], from being used for any purpose existing on the site as of the date of passing of this By-law or for any use permitted by By-law 569-2007 or this By-law.

4. Despite any existing or future severance, partition or division of the site as shown on Map 1, the provisions of this By-law shall apply to the whole site as if no severance, partition or division occurred.

5. Section 37 Provisions:

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

• Where Schedule “A” of this By-law requires the owner to provide certain facilities, services or matters and enter into an agreement or agreements prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same.

• The owner shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law unless all provisions of Schedule “A” are satisfied.

Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-003085 and Legacy File PL200354

APPENDIX 1 SECTION 37 PROVISIONS

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

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

Community Benefits

A cash contribution of five million ($5,000,000.00) dollars paid by the Owner to the City to be allocated in accordance with the following:

$1,750,000 towards public art;

$1,000,000 towards new off-site affordable housing;

$1,000,000 towards arts and culture in Ward 10;

$1,000,000 for the study of and / or capital investment in the implementation of the Downtown Parks and Public Realm Plan; and

$250,000 towards the City of Toronto's Residential School Survivor's Legacy Structure.

All cash contribution referred to above shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made; and

In the event the cash contribution referred to above has not been used for the intended purposes within three (3) years of the By-laws 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, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10.

Matters Secured as a Legal Convenience

Prior to the issuance of Site Plan Approval, the Owner shall conduct and submit to the City a wind tunnel study for the proposed development and shall incorporate the recommendations of that study into the final site plan approval drawings, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

Prior to the issuance of Site Plan Approval, the Owner shall explore as part of the site plan application approval process retaining part of the Canadian National Express Shed Building, or a bay, in addition to its documentation and interpretation of the building in accordance with the revised Heritage Impact Assessment, to the satisfaction of the Senior Manager, Heritage Planning.

Prior to the issuance of Site Plan Approval, the Owner shall design the proposal to, at a minimum, achieve the Energy Efficiency and Greenhouse Gases targets of the Toronto Green Standards Tier 2 and shall also assess the commercial and engineering feasibility of pursing Toronto Green Standards Tier 4 standards in whole or in part for the development, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

Prior to the issuance of Site Plan Approval, the Owner shall submit a streetscape plan detailing improvements to Station Street to be implemented by the Owner in support of the development and which will include, but not be limited to, details regarding landscaping, lighting, paving and curbing details, sidewalk treatment, outdoor seating, and vegetation, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manger, Transportation Services.

Prior to the issuance of Site Plan Approval, the Owner shall explore as part of the site plan application approval process the location of the stairs leading up to the main entrance on Simcoe Street, to the satisfaction of the Chief Planner and Executive Director, City Planning.

Prior to the issuance of Site Plan Approval, the Owner shall prepare a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning.