Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 16, 2022 CASE NOS.: OLT-22-004228 (formerly PL141078) EFFECTIVE DATE: August 14, 2022 OLT-22-004231 (formerly PL180322)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: TAS Tecumseth Niagara LP Subject: Proposed Official Plan Amendment No. 273 Municipality: City of Toronto OLT Case No.: OLT-22-004228 Legacy Case No.: PL141078 OLT Lead Case No.: OLT-22-004228 Legacy Lead Case No.: PL141078 OLT Case Name: TAS Tecumseth Niagara LP 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: TAS Tecumseth Niagara LP Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of the City of Toronto to make a decision Existing Zoning: I2 D3 – Industrial District & R3 Z1.5 – Residential Districts Proposed Zoning: Site Specific (To be determined) Purpose: To permit the development 6 buildings on the subject site Property Address/Description: 2 Tecumseth Street And 125-133 Niagara Street Municipality: City of Toronto Municipality File No.: 17 264041 STE 19 OZ OLT Case No.: OLT-22-004231 Legacy Case No.: PL180322 OLT Lead Case No.: OLT-22-004231 Legacy Lead Case No.: PL180322 OLT Case Name: TAS Tecumseth Niagara LP v. Toronto (City)

BEFORE: G.C.P. BISHOP ALTERNATE CHAIR Sunday, the 14th day of August, 2022

THIS MATTER having come on for a public hearing on January 16, 2020, the Ontario Land Tribunal (the “Tribunal”) in its decision issued on February 21, 2020 having determined that the appeals should be allowed, in part, and that the proposed official plan amendment and zoning by-law amendment are approved in principle, with the final Order withheld pending the Tribunal being advised by the City Solicitor that the conditions contained in that Order have been satisfied;

AND THE TRIBUNAL having been advised by the Parties on August 14, 2022, that the conditions have been addressed to the mutual satisfaction of the City and the Appellant, including that the proposed official plan amendment and the zoning by-law amendment, inclusive of the arrangements for a section 37 Agreement, and the inclusion of Holding Provisions within the final form of the Zoning By-law Amendment, and that the City and the Appellant are thus jointly requesting that the Tribunal proceed to issue its Final Order on that basis;

AND THE TRIBUNAL having received, considered and determined the request for the Final Order on Sunday, the 14th day of August, 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 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 City’s Official Plan and the identified City Zoning By-law through the revised instruments now submitted for final approval;

THE TRIBUNAL ORDERS that the Appeals are allowed and that the City of Toronto Official Plan, as amended, is hereby amended in the manner set out in Attachment “1” to this Order, and that 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, as may be necessary, and assign a number to these by-laws for record keeping purposes.

THE TRIBUNAL ORDERS THAT, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of Sunday, August 14, 2022, which is the date that the Tribunal received, considered and determined the request for the Final Order in this proceeding.

“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 “A”

Authority: Ontario Land Tribunal Decision issued on February 21, 2020 and Ontario Land Tribunal Order issued on August 16, 2022 in Tribunal File PL141078

CITY OF TORONTO

BY-LAW -2022 (OLT)

To adopt an amendment to the Official Plan for the City of Toronto respecting the lands located within the area bordered by Bathurst Street to the east, Wellington Street West to the north, Strachan Avenue to the west and the Metrolinx rail corridor to the south.

Whereas the owner of the lands appealed a proposed official plan amendment to the Local Planning Appeal Tribunal, continued as 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 Local Planning Appeal Tribunal, by its Decision issued on February 21, 2020 and the Ontario Land Tribunal Order issued on August 16, 2022 in File PL141078 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 273 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Pursuant to the Local Planning Appeal Tribunal Decision issued on February 21, 2020 and Ontario Land Tribunal Order issued on August 16, 2022 in File PL141078.

AMENDMENT 273 TO THE OFFICIAL PLAN

LANDS LOCATED WITHIN THE AREA BORDERED BY BATHURST STREET TO THE EAST, WELLINGTON STREET WEST TO THE NORTH, STRACHAN AVENUE TO THE WEST AND THE METROLINX RAIL CORRIDOR TO THE SOUTH

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

1. Map 18 – Land Use - is amended by redesignating part of the lands known as 51-53 Strachan Avenue and 677, 715, 801a and 805 Wellington Street West from 'Employment Areas' to 'Parks and Other Open Spaces – Parks', as shown on the attached Schedule 1;

2. Map 18 – Land Use - is amended by redesignating part of the lands known as 28 Bathurst Street, 51-53 Strachan Avenue, and 2 Tecumseth Street from 'Employment Areas' to 'Mixed-Use Areas' and 'Neighbourhoods', as shown on the attached Schedule 1;

3. Chapter 6, Section 14, Garrison Common North Secondary Plan, is amended by deleting Subsection 10.1 and replacing it with the following:

(a) South Niagara Area

The South Niagara Area is located generally between Wellington Street West, Bathurst Street, Strachan Avenue, and the Metrolinx Rail Corridor, as shown on Map 14-1 as "South Niagara Area" and as shown on Maps 14-4, 14-5, and 14-6 as shown on the attached Schedules 3, 4 and 5 respectively.

Any new development within the South Niagara Area will be respectful of the existing and adjacent Niagara neighbourhood characteristics. The area to the north consists of low rise residential and office uses as well as a large park space at the centre of the neighbourhood, with mid-rise buildings on the periphery at Strachan Avenue and Bathurst Street. Tree-lined streets permeate the neighbourhood. New development and the expansion of park space south of Wellington Street West, will appropriately transition to the area to the north. The area character will be further enhanced through the preservation and adaptive reuse of heritage resources, respect for the existing neighbourhood, the preservation of mature trees and the planting of new trees, and the provision of enhanced landscaping on both public and private lands.

(i) South Niagara Area General Policies

(A) Construction of new buildings will incorporate elements of sustainability and environmental responsibility with respect to building materials, internal infrastructure, outdoor spaces, green roofs, and opportunities to utilize or generate renewable energy.

(B) A comprehensive traffic and loading study will be required for any significant development within the South Niagara area to demonstrate how conflicts with area traffic will be mitigated. All new loading areas and operations will also be screened from view of the adjacent neighbourhood and employ noise mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the General Manager, Transportation Services.

(C) All new significant development applications located within the South Niagara Area will be required to submit a Construction Management Plan and implement the Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

(ii) South Niagara Area Built-Form Policies

In order to encourage a built form which respects the low-rise character of existing adjacent neighborhoods and respects transitions to new and proposed green spaces and the Fort York National Historic Site, the following built form policies, in addition to the Built Form Policies in Chapter 3 and 4 of this Plan, will apply to all development within the South Niagara Area:

(A) Building design and massing will create a comfortable pedestrian environment, integrate with the public realm, and transition to protect the adjacent low-scale neighbourhood areas, parks and open spaces, and Fort York National Historic Site.

(B) Buildings adjacent to park spaces will provide a transition that limits shadowing and maintains sky-view adjacent to the park spaces.

(C) Mid-rise buildings with a maximum height of 11-storeys are permitted within the lands noted as "Mid Rise" on Map 14-5.

(D) Despite the maximum permitted building height, all proposed Mid-rise buildings will be contained within a 45-degree angular plane measured from the abutting property line of all lands subject to the Neighbourhoods designation, but excluding laneways.

(E) Despite Policies 14.10.1.(a).(ii).(C) and (D), in locations shown with 'asterisk' on Map 14-5, additional storeys may be permitted, provided the proposed taller elements are consistent with the direction of the South Niagara Strategy with regard to: transition to low-rise Neighbourhoods and Parks and Open Spaces, protection and enhancement of view corridors to and from Fort York national Historic Site, maintain sky view, and limit shadowing, to the satisfaction of Chief Planner and Executive Director, City Planning Division.

(F) Despite Policy 14.10.1.(a).(ii).(C) in locations shown with 'mid-rise' building height on Map 14-5, through review of a Zoning By-law amendment application, Council will consider a built form and massing approach to new development created through a comprehensive design proposal which may encroach into the 45-degree angular plane, provided the built form of the proposal does not exceed the maximum building heights noted on Map 14-5, and also includes an intermediate built form between the taller elements and the low rise Neighbourhood to effectively buffer the development from the adjacent Neighbourhood, achieves a desirable relationship to the Fort York National Historic Site, and the provides transition which implements the intent of the South Niagara Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

(iii) South Niagara Area Land Use Policies

In order to encourage a mix of uses that will provide for a range of employment opportunities, commercial, community, and residential space, site and area specific land use policies will apply to all development within the South Niagara Area:

(A) Any new development on the lands at 28 Bathurst Street and 2 Tecumseth Street will be required to provide a minimum of 1.0 times the lot area (net of lands conveyed to the City for streets, park space and multi-use paths), of residentially compatible employment space.

(B) Within any new development containing residential units, a variety of residential unit sizes, tenure, and levels of affordability, including units that can accommodate families with children, will be encouraged.

(C) A minimum of 10percent of the residential units contained within any new mixed-use or residential development will be marketed and constructed as three bedroom units, and additionally, a minimum of 20percent of the residential units will be marketed and constructed as two-bedroom or two bedroom plus den units.

(D) Residential uses are not permitted on the lands known in the year 2013 as 677 Wellington Street West.

(E) The City Works yard operations located on the lands known in the year 2013 as 701 Wellington Street West will be protected and may be expanded, provided there is sufficient land remaining to construct the proposed multi-use pathway, a potential vehicle access to the Works Yard, and any landscape/safety buffering from the Works Yard and rail corridor, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

(F) Prior to the enactment of any Zoning By-law amendment for the purposes of permitting any residential and or other sensitive uses on lands within the South Niagara Area, a Work Yard Compatibility Study (WYCS) will be submitted by the applicant to the satisfaction of the General Manager of Transportation Services and the Chief Planner and Executive Director, City Planning Division, that evaluates how the proposed sensitive uses including residential uses would affect the ability of the City Works Yard to perform normal 24/7 service activities.

(G) On the lands shown as "Site and Area Specific Policy 9" on Map 14-1, a mixed-use development containing residential, retail, office, market gardening, public parkland, and light industrial uses is permitted in single or mixed-use buildings.

(iv) South Niagara Area Park Space and Connection Policies

In order to protect, enhance, and expand area park spaces, multi-modal connections, and the public realm, the following Public Space and Connections policies will apply to all development within the South Niagara Area:

(A) New public streets and pedestrian/cycling paths, will be provided generally in accordance with Map 14-4. The City will consider alternative alignments and configurations of this new street through the review of future development applications within the South Niagara Area and the adaptive reuse of the Wellington Destructor.

(B) The City will secure land for these new streets, bicycle connections, pedestrian walkways as a condition of the approval of development within the South Niagara Area, or by other means satisfactory to the Chief Planner and Executive Director, City Planning division, in consultation with appropriate civic officials.

(C) The City will work with Metrolinx and the owners of 2 Tecumseth Street and 28 Bathurst Street, to achieve a new public street and multi-use path as shown on Map 14-4.

(D) Vehicular access to the development blocks will be shared where possible.

(E) The City will seek to employ reduced pavement widths along all of part of the new road network, where appropriate, in order to accommodate traffic calming, and multiple modes of transportation safely within the right-of-way.

(F) The City will seek to strengthen pedestrian and cycling connections between the existing rights-of-way, the expanded Stanley Park, the Fort York Pedestrian and Cycling Bridge, and the West Toronto Rail Path.

(G) The City will work with the Toronto Transit Commission to explore and implement opportunities for a transit route utilizing the new street infrastructure in the South Niagara Area.

(H) The conservation and expansion of the community gardens within the southern expansion of Stanley Park will be encouraged. Through the design of the Stanley Park southern expansion, Parks, Forestry and Recreation Staff will consider the addition of electrical and water servicing connections to the area.

(I) City Planning and Parks, Forestry and Recreation Staff will work with Build Toronto to ensure that the north landing of the Fort York Pedestrian and Cycling Bridge will be designed so that opportunities for passive and/or active recreation within this park space are maximized.

(J) The ultimate design of park spaces on the lands designated as 'Parks and Open Space Areas – Parks and Other Open Space Areas' through this plan will reference the course of the Garrison Creek, which currently flows in a culvert underneath these lands.

(K) Parks, Forestry and Recreation staff will explore opportunities to incorporate the Maple Green Inc. building (c.1901), adjacent to Strachan House at 51-53 Strachan Avenue, into the design and programming of the Stanley Park south expansion.

(L) Where possible, and as determined through the Zoning By-law Amendment and Site plan review processes, publicly accessible private spaces and walkway connections will be provided within the South Niagara Area.

(M) The new park space at the west end of the 28 Bathurst Street site will be designed so as to provide for views into Fort York National Historic Site and connect the pedestrian and cycling path along the rail corridor with the south terminus of Tecumseth Street.

(v) South Niagara Area Heritage Policies

In order to reference, protect and adapt the significant contextual and Built Heritage of the South Niagara Area and adjacent Fort York National Historic Site, the following Heritage policies will apply to all development within the South Niagara Area:

(A) Properties currently listed on the City of Toronto Inventory of Heritage Properties and those that are designated under either Parts IV or V of the Ontario Heritage Act will be conserved in accordance with relevant legislation, City policy and the Standard and Guidelines for the Conservation of Historic Places in Canada.

(B) Properties identified as having potential cultural heritage value or interest will be evaluated and conserved as appropriate, either by the City or through an appropriate review process.

(C) Development and alterations will respect, conserve and maintain the integrity of the existing and potential cultural heritage properties and be of a scale, form, material and character that supports and complements these resources.

(D) A Heritage Impact Assessment will be required for development applications that affect existing and potential heritage resources within this policy area.

(E) All development applications will require, at minimum, a Stage 1 Archaeological Assessment as a condition of a complete application.

(F) The City will not permit development and/or site alteration on lands adjacent to a protected heritage property except where the proposed development and/or site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved.

(G) New buildings will be required to demonstrate and achieve a compatible relationship with the listed and designated heritage buildings through consideration of matters including, but not limited to building height, massing, scale, setbacks, stepbacks, roofline and profile, materials and architectural character.

(H) Any redevelopment of the lands at 2 Tecumseth Street and 28 Bathurst Street will be required, as a condition of approval, through public art contribution, or other means in consultation with the Manager of Heritage Preservation Services, to provide reference to the built, natural and/or contextual heritage of the South Niagara Area and surroundings.

(I) The City will seek the retention, conservation, rehabilitation, reuse and restoration of listed and designated heritage buildings within the South Niagara Area by means of one or more appropriate legal agreements.

(J) Any proposed redevelopment of the lands within the South Niagara Area will enhance and protect the view corridors shown on Map 14-6.

(K) All significant development within the South Niagara Area visible from Fort York National Historic Site will be required to provide a massing study which demonstrates the visual impact of the proposed development on the Fort. This massing study will have regard for the topography of the area.

(L) Any potential blank walls, such as railway crash walls or parking garages, facing Fort York National Historic Site will be designed in such a manner so as to not detract from the character or the views from Fort York National Historic Site, to the satisfaction of Chief Planner and Executive Director, City Planning Division, in consultation with the General Manager, Economic Development and Culture.

(M) The Wellington Destructor, located at 677 Wellington Street is a valuable architectural and contextual heritage resource which is recommended to undergo an adaptive re-use process to provide for community and cultural space. The City will promote the reuse and refurbishment of the Wellington Destructor and explore opportunities to establish a cultural / community facility within and around the existing building. Additions to the building, which comply with the City's Official Plan Heritage Policies and which are sympathetic to the Destructor's heritage character, and are consistent with the policies of the South Niagara Strategy, may be considered, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, to provide additional floor space on site in order to achieve adaptive re-use of the site, subject to necessary planning or heritage approvals, community and cultural uses, office uses, small-scale retail uses, food related uses, and other non-residential uses compatible with the surrounding community will be permitted at 677 Wellington Street West.

(N) Through the review of a Zoning By-law amendment application on the lands at 2 Tecumseth Street, the City may also consider the potential to exchange land with the developer of 2 Tecumseth Street, if appropriate within the context of the adaptive reuse of the Wellington Destructor, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, The Executive Director of Real Estate Services, and the General Manager, Economic Development and Culture, in consultation with the Ward Councillor.

(O) The requirement to provide 1 times the lot area of residentially compatible employment space (net of lands conveyed to the City for streets, multi-use pathways, and/or parks) at 2 Tecumseth Street, may be satisfied on the lands at 677 Wellington Street, subject to arrangements satisfactory to the Chief Planner and Executive Director, City Planning Division in consultation with appropriate civic officials.

(P) The City will explore opportunities to retain the original paving within the proposed new woonerf/public street located on the west end of the Wellington Destructor site where possible.

4. Chapter 6, Section 14, Garrison Common North Secondary Plan, is amended by amending 'Map 14 - 1 - Site and Area Specific Policies' as shown on the attached Schedule 2;

5. Chapter 6, Section 14, Garrison Common North Secondary Plan, is amended by adding 'Map 14 - 4 - South Niagara Urban Structure Map' as shown on the attached Schedule 3;

6. Chapter 6, Section 14, Garrison Common North Secondary Plan, is amended by adding 'Map 14 - 5 - Built Form and Heights' as shown on the attached Schedule 4;

7. Chapter 6, Section 14, Garrison Common North Secondary Plan, is amended by adding 'Map 14 - 6 - Key Views and Vistas' as shown on the attached Schedule 5;

8. Chapter 6, Section 14, Garrison Common North Secondary Plan, is amended by adding 'Map 14 - 4 - South Niagara Urban Structure Map', 'Map 14 - 5 - Built Form and Heights', and 'Map 14 - 6 - Key Views and Vistas' as shown on the attached Schedules 3, 4, and 5 respectively, to the 'List of Maps' section.

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

ATTACHMENT “B”

Authority: Local Planning Appeal Tribunal Decision issued on February 21, 2020 and Ontario Land Tribunal Order issued on August 16, 2022 in Tribunal File PL180322

CITY OF TORONTO

BY-LAW -2022 (OLT)

To amend former City of Toronto Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 2 Tecumseth Street and 125-133 Niagara Street in the City of Toronto.

Whereas the Ontario Land Tribunal, pursuant to its Order issued on August 16, 2022 in respect of in Tribunal Case PL180322 approved amendments to the City of Toronto Zoning By-law 569-2013, as amended, with respect to the lands municipally known as 2 Tecumseth and 125-133 Niagara Street; and

Whereas authority is given to the Ontario Land Tribunal under Section 34(11) of the Planning Act R.S.O. 1990, c.P.13, as amended; and

Whereas authority is given to Council by Section 34 and Section 36 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to impose the holding symbol (H) and to remove the holding symbol (H) when Council is satisfied that the conditions relating to the holding symbol have been satisfied; 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 such provisions relating to the authorization of increases in height and 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 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 matters as are set out in the by-law; and

Whereas subsection 37(3) of the Planning Act provides that where an owner of lands elects to provide facilities, services or matters, in return for an increase in height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality in respect of the facilities, services and matters; and

Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out; and

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

Therefore, pursuant to the Order of the Ontario Land Tribunal, Zoning By-law 569-2013 is hereby amended as follows:

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 2 Tecumseth Street, and adding the lands at 125 and 133 Niagara Street to the Zoning By-law Map in Section 990.10 and applying the following zone label to these lands: (H)CRE (x813), CRE(x813) 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 the lands at 125 and 133 Niagara, subject to this By-law to the Policy Areas Overlay Map in Section 995.10.1, with no value, as shown on Diagram 3 attached to this Bylaw.

5. Zoning By-law 569 -2013, as amended, is further amended by adding the lands at 125 and 133 Niagara Street, subject to this By-law to the Height Overlay Map in Section 995.20.1, and applying the following height label to these lands: HT 18.0, as shown on Diagram 4 attached to this Bylaw.

6. Zoning By-law 569 -2013, as amended, is further amended by adding the lands at 125 and 133 Niagara Street, subject to this By-law to the Lot Coverage Overlay Map in Section 995.30.1, with no value, as shown on Diagram 5 attached to this By-law.

7. Zoning By-law 569 -2013, as amended, is further amended by adding the lands at 125 and 133 Niagara Street and 2 Tecumseth Street, subject to this By-law to the Rooming House Overlay Map in Section 995.40.1, and applying the following Rooming House label to these lands: B2, as shown on Diagram 6 attached to this By-law.

8. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.12.10 exception Number 813, so it reads:

(813) Exception CRE (x813)

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 2 Tecumseth Street and 125-133 Niagara Street, if the requirements of By-law [insert] are complied with, buildings or structures may be constructed, used or enlarged in compliance with (B) to (X) below.

(B) Despite Regulations 50.5.40.10 (1) and (2), the height of a building or structure is the distance between the highest point of the building or structure and:

(i) 83.50 metres Canadian Geodetic Datum for Area (A) as shown on Diagram 7 of By-law [insert];

(ii) 84.0 metres Canadian Geodetic Datum for Area (B) as shown on Diagram 7 of By-law [insert]; and

(iii) 84.65 metres Canadian Geodetic Datum for Area (C) as shown on Diagram 7 of By-law [insert].

(C) In addition to the non-residential uses listed in Regulation 50.10.20.10(1) (A), a market garden is permitted and may be inside a building, and despite Regulation 50.10.20.10 (1), public parking is a permitted use.

(D) Regulations 50.10.40.30 (1), 50.10.40.1 (2), 50.10.20.100 (6) do not apply.

(E) Despite Regulations 50.10.40.10 (1) and (4), the permitted maximum height of a building or structure is the numerical value, in metres following the symbol "HT" as shown on Diagrams 8A and 8B of By-law [insert].

(F) Despite Regulations 50.5.40.10 (3), (4), (5), (6), and (7), and (F) above, the following equipment and structures may project beyond the permitted maximum height as shown on Diagram 8A and 8B of By-law [insert] as follows:

i. architectural features, lighting, balcony or terrace dividers, screens, lighting rods, parapets, garden storage sheds, landscape and green roof elements, planters, chimney stacks, rooftop landscaping elements, rooftop furniture elements, rooftop access hatches and associated ladders, to a maximum of 3.0 metres;

ii. window washing equipment, swimming pools and associated equipment, building maintenance equipment, greenhouses, enclosed stairwells, and vents, to a maximum of 5.0 metres;

iii. structures or elements providing safety, noise or wind protection, to a maximum of 5.0 metres;

iv. elevator overruns and related enclosures, mechanical equipment, and equipment used for the functional operation of the building to a maximum vertical projection of 6.0 metres, provided the level of the building where the projection is located has a height less than 45.5 metres as shown on Diagram 8B; and

v. despite (ii) above, the total area of a greenhouse may cover no more than 85 percent of the area of the roof, measured horizontally.

(G) Regulation 50.5.40.10 (5) with respect to the horizontal limits on elements for the functional operation of a building does not apply.

(H) Within the area identified as "Tower Zone B1" shown on Diagrams 8A and 8B of By-law [insert], the permitted maximum floorplate of each storey located above a height of 37.5 metres as shown on Diagrams 8A and 8B is 830 square metres, and:

i. For the purposes of this exception, floorplate means the total area of a floor or storey of a building measured from the exterior of the main wall of the floor level, excluding the areas occupied by structural elements.

(I) Despite Clause 50.5.40.40, the permitted maximum gross floor area of all buildings and structures on the lot must not exceed 92,600 square meters, of which:

(a) the permitted maximum gross floor area on Area A as shown on Diagram 7 of By-law [insert], is 10,950 square metres for non-residential uses and no residential uses are permitted;

(b) the permitted maximum gross floor area on Area B as shown on Diagram 7 of By-law [insert], is 82,800 square metres combined for residential and non-residential uses; and

(c) the permitted maximum gross floor area on Area C as shown on Diagram 7 of By-law [insert], is 1,000 square metres for non-residential uses and no residential uses are permitted.

(J) Despite Regulation 50.10.40.50 (1)(C) there is no limitation on the amount of outdoor amenity space that may be provided as a green roof.

(K) Despite Regulations 50.5.40.70 (1), 600.10.10(1), and Clauses 50.10.40.70, and 50.10.40.80, the required minimum building setbacks and the required minimum separation distances between main walls of buildings or structures are as shown on Diagram 8A and 8B of By-law [insert].

(L) Despite Clauses 50.5.40.60, 50.10.40.60 and (K) above, the following elements may encroach into the required minimum building setback and main wall separation distances as follows:

i. decks, porches, balconies or similar structures to a maximum of 2.5 metres;

ii. canopies, awnings or similar structures or elements, with or without structural support to a maximum of 5.0 metres;

iii. exterior stairs, access ramps, and elevating devices may encroach with no limitation;

iv. the exterior surface of a main wall to a maximum of 0.5 metres; and

v. notwithstanding (i) through (iv) above, platforms and terraces may project into a required building setback up to the extent of the roof it is covering.

(M) Regulation 50.10.80.1 (2) with respect to above grade parking and 50.10.80.10 (1) with respect to parking in the front yard, do not apply.

(N) Despite Regulation 50.10.90.40 (1) access to a loading space is not required to be from a lane.

(O) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1 parking spaces must be provided on the lot as follows:

i. no parking spaces are required for permitted uses located within a building or structure in Area (A) as shown on Diagram 3 of By-law [insert];

ii. a minimum of 227 parking spaces for residential dwelling units and no visitor parking spaces; and

iii. a minimum of 130 parking spaces for non-residential uses must be provided within a building or structure on Area B, as shown on Diagram 2 of by-law [insert].

(P) Despite Regulation 200.5.1 (A), the minimum width of a one way drive aisle is 4.90 metres.

(Q) Despite Regulations 50.5.80.1 (1), 200.5.10.1(1) and Table 200.5.10.1 required parking spaces for non-residential uses may be provided on a non-exclusive basis and may be provided as public parking.

(R) Despite regulation 200.15.1(1) and (4) and By-law 579-2017, accessible parking spaces must comply with the following:

(i) accessible parking spaces must be located on the same level as a barrier free passenger elevator that provides access to the first storey of the building;

(ii) an accessible parking space must have the following minimum dimensions:

a) length of 5.6 metres;

b) width of 3.4 metres; and

c) vertical clearance of 2.1 metres.

(iii) the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path.

(S) Despite Regulation 200.5.1.10 (2), a maximum of 15 percent of the required parking spaces may have minimum dimensions of:

i. Length of 5.3 metres;

ii. Width of 2.4 metres; and

iii. Vertical clearance of 1.7 metres.

(T) Despite Regulation 230.5.1.10 (4), the minimum width of a stacked bicycle parking space is 0.40 metres.

(U) Despite Regulation 230.50.1.20 (1), a short term bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building.

(V) Despite Regulation 230.5.1.10 (9)(A)(iii) and 230.5.1.10 (9)(B)(iii) required long-term bicycle parking spaces may be located on any level of the building below-ground.

(W) Despite Clause 220.5.10.1, loading spaces must be provided on the lot as follows:

(i) Within Area (A) as shown on Diagram 2 of By-law [insert]:

(a) 1 "Type B" loading space

(ii) Within Area (B) as shown on Diagram 2, of By-law [insert]:

(a) 2 "Type B" loading spaces

(b) 2 "Type C" loading spaces; and

(c) 1 "Type G" loading space.

(X) Despite Regulation 220.5.20.1 (2) (A), the maximum slope of a driveway leading to a Type "G" loading space is 8.75 percent.

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

9. Section 37 Provisions:

a) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 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 hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor.

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

c) The owner must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to exception CRE(x813) of By-law 569-2013, as amended, unless the provisions of Schedule A of such By-law are satisfied.

10. Holding Symbol:

Prior to lifting of the (H) holding in whole or in part, the following applies:

a) Holding provision: The lands delineated as Area A, as shown on Diagram 7, and zoned with the (H) symbol shall not be used for the uses permitted by this zoning by-law amendment until the (H) symbol has been removed. An amending by-law to remove the (H) symbol shall be enacted by City Council when the following conditions have been fulfilled to the satisfaction of City Council:

(1) The owner has submitted a transportation study that evaluates and demonstrates the appropriate permanent access to Area A to the satisfaction of the Chief Planner, the Executive Director, Corporate Real Estate Management, the Chief Executive Officer, CreateTO, the Chief Engineer, and the General Manager, Transportation Services;

(2) The owner has submitted a Works Yard feasibility study, if required by the City, that evaluates and demonstrates the appropriate layout of the Works Yard site abutting Area A to the satisfaction of the Chief Planner, the Executive Director, Corporate Real Estate Management, the Chief Executive Officer, CreateTO, the Chief Engineer, and the General Manager, Transportation Services; and

(3) The owner has made such arrangements with the City as may be required by the City in its sole discretion to implement the provision of the permanent access to Area A, as recommended in the accepted transportation study and the accepted Works Yard feasibility study, including, but not limited to, entering into one or more agreements with the City securing, among other things, all costs associated with the provision and maintenance of the permanent access, unless the access is provided as a public road, and all costs associated with the relocation of buildings and structures within the Works Yard site in order to accommodate the permanent access, all to the satisfaction of the Chief Planner, the Executive Director, Corporate Real Estate Management, the Chief Executive Officer, CreateTO, the Chief Engineer, the General Manager and the City Solicitor.

11. 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.

Pursuant to the Local Planning Appeal Tribunal Decision issued on February 21, 2020 and the Ontario Land Tribunal Order issued on August 16, 2022 in Tribunal File PL180322.

SCHEDULE A

Section 37 Provisions

Prior to the issuance of any Building Permit, the owner shall enter into an agreement 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 community benefits below.

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:

1. Prior to the issuance of the first above-grade building permit for the development, other than for a building on the lands delineated as Area A or Area C, as shown on Diagram 7 of this By-law, the Owner shall either:

A. Provide affordable rental housing units on the lands as part of the development equal to a value of six million dollars ($6,000,000.00), subject to an agreement between the owner and the City containing the terms for the provision of any Affordable Rental Housing Units, to the satisfaction of the Chief Planner and Executive Director, City Planning Division; or

B. Provide a financial contribution of six million dollars ($6,000,000.00) to the City's Affordable Housing Capital Revolving Fund in lieu of the on-site provision of Affordable Rental Housing Units referenced in Paragraph 1.A. above.

2. The cash contribution referenced in Paragraph 1 above shall be indexed upwardly in accordance with the Statistics Canada Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the cash contribution by the owner to the City.

3. In the event the cash contribution in Paragraph 1 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(s), at the discretion of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands.

4. The owner shall provide the following to support the development of the lands:

A. Prior to the earlier of:

(i) five (5) years after the Site Plan Approval for a building on the lands delineated as Area B on Diagram 7 of this By-law; or

(ii) three (3) years after the Site Plan Approval for a building on the lands delineated as Area A on Diagram 7 of this By-law;

the owner shall convey a minimum 1,493 square metres, primarily located on the western portion of the lands, for public parkland purposes, free and clear above-grade and below-grade of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, complete all required environmental obligations, and satisfy the remaining parkland dedication requirements through a payment of cash-in-lieu of parkland dedication pursuant to Section 42 of the Planning Act, all to the satisfaction of General Manager, Parks, Forestry and Recreation, as more specifically set out in the Section 37 Agreement.

B. The owner shall, at its own cost and expense, design and construct above-base park improvements to the proposed parkland, to be funded by a combination of development charge credits and any cash payments required in lieu of the parkland dedication shortfall, in accordance with Section 42 of the Planning Act, as of August 16, 2019, to the satisfaction of General Manager, Parks, Forestry and Recreation, as more specifically set out in the Section 37 Agreement.

C. The owner shall at its own cost and expense, design and construct a multi-use path for public pedestrian, bicycle, and other non-motorized vehicle access with a minimum width of four (4) metres located along the rail corridor on the southern portion of the lands, excluding the parkland, to the satisfaction of General Manager, Parks, Forestry and Recreation, as more specifically set out in the Section 37 Agreement.

D. Upon completion of the construction of all phases of the multi-use path referenced in Paragraph 4.C. above, the owner shall forthwith convey to the City, for nominal consideration, a non-exclusive surface easement over the lands on which the multi-use path is located, in perpetuity for public pedestrian, bicycle, and other non-motorized vehicle access over such lands, as more specifically set out in the Section 37 Agreement.

E. Prior to the issuance of the first above-grade building permit for part or all of the development on the lands, the owner shall submit a proposed design, a phasing plan and a cost estimate for construction of the multi-use path referenced in Paragraph 4.C. above, to the General Manager, Parks, Forestry and Recreation for approval, including working drawings, specification and landscape plans.

F. The owner shall maintain, at its own cost and expense, the multi-use path referenced in Paragraph 4.C. above, free and clear of any debris, snow and ice and also to be responsible for all capital maintenance costs, as more specifically set out in the Section 37 Agreement.

G. Prior to the earlier of condominium registration for a building on the lands delineated as Area B, as shown on Diagram 7 of this By-law, and the first residential use for a building on the lands delineated as Area B as shown on Diagram 7 of this By-law, the owner shall design and construct, at its own cost and expense, public realm improvements above the base condition at the southern terminus of the Tecumseth Street right-of-way, to be offset by applicable development charge credits, to the satisfaction of the General Manager, Transportation Services, as more specifically set out in the Section 37 Agreement.

H. Prior to the issuance of the first above-grade building permit for a building on the lands delineated as Area B as shown on Diagram 7 of the Zoning By-laws, the owner shall submit a proposed design for the Tecumseth Street improvements referenced in Paragraph 4.G. above and a cost estimate to the General Manager, Transportation for approval, including working drawings, specification and landscape plans.

I. Prior to Site Plan Approval for any part or all of the lands, the Owner shall deliver financial security to the City in the amount of 120 percent of the cost estimate referenced to in Paragraph 4.H. to financially secure the total costs and expenses for the installation of the Tecumseth Street improvements referenced in Paragraph 4.G., to the satisfaction of the General Manager, Transportation Services.

J. The Owner shall provide and maintain the following unit mix in the development on the Lands:

(i) 20 percent of the dwelling units on the lands shall be provided and maintained as two-bedroom units; and

(ii) in addition to the units required in Paragraph 4J(i), above, 10 percent of the dwelling units on the lands shall be provided and maintained as three-bedroom units.

K. Prior to the issuance of the first building permit (excluding a demolition permit or a building permit in respect of a building or structure erected in Area C of Diagram 7 of this By-law) for each phase of the development or a portion thereof, including a conditional building permit, the owner shall provide, at its cost and expense, a construction management plan for the development of the lands or a portion thereof, including excavation and shoring, to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the Chief Engineer and Executive Director of Engineering and Construction Services, in consultation with the Ward Councillor.

L. The owner shall use reasonable efforts to secure affordable rent for additional units within the proposed development on the lands, beyond those referred to in Paragraph 1.A. above, through federal, provincial and/or municipal funding programs which may become available.

M. The owner shall provide a minimum of one times the area of the lot (approximately 19,480 square metres) as residentially compatible employment space.

N. The owner shall, at its own cost and expense, design and construct a district heating and cooling plant on the lands, with the precise location and other details to be secured through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

O. The owner shall implement any mitigation measures as identified through the Site Plan Approval process to mitigate impacts from the adjacent City Works Yard.

P. Prior to the issuance of Notice of Approval Conditions for the Site Plan application, the owner shall incorporate all mitigation measures from the rail safety study accepted by the City's peer reviewer into the drawings submitted for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and prior to Site Plan Approval, agree that all mitigation measures be constructed and maintained by the owner at its sole cost and expense.

Q. Prior to the issuance of Notice of Approval Conditions for the Site Plan application, the owner shall submit a Noise and Vibration Feasibility Study to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and provide certification from the noise and vibration consultant that all recommended mitigation measures have been incorporated into the drawings submitted for Site Plan Approval.

R. Prior to the issuance of final Site Plan Approval the owner shall submit a wind tunnel analysis and agree to design, construct, and implement any mitigation measures identified in the analysis.

S. As part of the materials submitted with the Site Plan application for the lands, the applicant shall submit a revised Transportation Impact Study containing a review and analysis of the following:

(i) existing and projected pedestrian and cycling demand and an assessment of the adequacy of the existing pedestrian and cycling infrastructure to safely and comfortably accommodate such demand;

(ii) recommendations on possible road safety measures including, but not limited to, signage, speed-bumps, bump-outs and pavement treatments and markings to be implemented for the area in and around Wellington Street West between Bathurst Street and Strachan Avenue in order to improve existing and future pedestrian and cycling safety;

(iii) evaluation of additional possible improvements to pedestrian and cycling crossings of the intersections at Wellington Street West and Tecumseth Street and Wellington Street West and Strachan Avenue; and

(iv) general description of the anticipated pedestrian and cycling desire lines to/from and through the site and the new public park to the west; and the applicant, together with the Local Councillor, City Planning staff and any other City Divisions deemed relevant, will conduct a community engagement process in the development of the Transportation Impact Study.

T. The owner shall make provisions for a variety of uses and programming including non-retail uses in the non-residential areas of the development.

Diagram 1

Diagram 2

Diagram 3

Diagram 4

Diagram 5

Diagram 6

Diagram 7

Diagram 8A

Diagram 8B