Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 15, 2022

CASE NO(S).: OLT-22-003585

EFFECTIVE DATE: August 12, 2022

(formerly PL180148)

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

Applicant and Appellant: bcIMC Realty Corporation

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

Existing Designation: Mixed Use Areas

Proposed Designation: Mixed Use Areas

Purpose: To permit the intensification of a currently existing shopping centre with mixed use buildings.

Property Address/Description: 2901 Bayview Avenue and 630 Sheppard Avenue East

Municipality: City of Toronto

Approval Authority File No.: 17 208789 NNY 24 OZ

OLT Case No.: OLT-22-003585

OLT Lead Case No.: OLT-22-003585

Legacy Case No.: PL180148

OLT Case Name: bcIMC Realty Corporation 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: bcIMC Realty Corporation

Subject: Application to amend former City of North York Zoning By-Law 7625 – Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: “Local Shopping Centre Zone” C2(10)

Proposed Zoning: Site specific (to be determined)

Purpose: To permit the intensification of a currently existing shopping centre with mixed use buildings.

Property Address/Description: 2901 Bayview Avenue and 630 Sheppard Avenue East

Municipality: City of Toronto

Municipality File No.: 17 208789 NNY 24 OZ

OLT Case No.: OLT-22-003586

OLT Lead Case No.: OLT-22-003585

Legacy Case No.: PL180149

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

Applicant and Appellant: bcIMC Realty Corporation

Subject: Application to amend Zoning By-law 569-2013 – Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: N/A

Proposed Zoning: Site Specific (to be determined)

Purpose: To permit the intensification of a currently existing shopping centre with mixed use buildings

Property Address/Description: 2901 Bayview Avenue and 630 Sheppard Avenue East

Municipality: City of Toronto

Municipality File No.: 17 208789 NNY 24 OZ

OLT Case No.: OLT-22-003587

OLT Lead Case No.: OLT-22-003585

Legacy Case No.: PL180150

BEFORE:

G.C.P BISHOP ALTERNATE CHAIR

Friday, the 12th day of August, 2022

THESE MATTERS, in respect of the lands at 2901 Bayview Avenue & 630 Sheppard Avenue in the City of Toronto, having come for public hearings on November 17, 2020 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on December 07, 2020 allowing the Applicant/Appellant’s appeals of the request to amend the City of Toronto Official Plan and application to amend City of Toronto Zoning By-laws 7625 and 569-2013; 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 12, 2022 that these above-noted conditions have been fully satisfied or otherwise addressed to the satisfaction of the Parties and that the City and the Applicant and 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 Friday, the 12th day of August, 2022;

AND THE TRIBUNAL BEING SATISFIED that the 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 that it is accordingly appropriate that the Tribunal issue its Final Order amending the City’s Official Plan and the identified Zoning By-laws through the revised instruments now submitted for final approval upon the joint request of the City and the Applicant and Appellant;

NOW THEREFORE

THE TRIBUNAL ORDERS that the Appeals are allowed in part and:

1. The City of Toronto Official Plan is amended in accordance with the official plan amendment attached hereto as Attachment "A";

2. Zoning By-law No. 569-2013 of the City of Toronto is amended in accordance with the zoning by-law amendment attached hereto as Attachment "B"; and

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 Friday, August 12, 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 “1” OFFICIAL PLAN AMENDMENT

CITY OF TORONTO

BY-LAW No. XXX-2022

To adopt Amendment No. 619 to the Official Plan for the City of Toronto in respect of lands municipally known as 2901 Bayview Avenue and 630 Sheppard Avenue East.

Whereas authority is given to the Local Planning Appeal Tribunal under the Planning Act, R.S.O. 1990, c. P.13, as amended, to approve this By-law; and

The Official Plan of the City of Toronto, as amended, is further amended by the Local Planning Appeal Tribunal as follows:

The attached Amendment No. 619 to the Official Plan is adopted pursuant to the Planning Act, as amended.

Local Planning Appeal Tribunal Decision issued on November 17, 2020 and Local Planning Appeal Tribunal Order issued on August 15, 2022 in File PL180148.

AMENDMENT NO. 619 TO THE OFFICIAL PLAN

Lands municipally known in the year 2021 as 2901 Bayview Avenue and 630 Sheppard Avenue East

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

1. Map 16, Land Use Plan, is amended to re-designate a portion of the lands municipally known in 2019 as 2901 Bayview Avenue and 630 Sheppard Avenue East from Mixed Use Areas to Parks and Open Space Areas – Parks as shown on the attached Map “1”.

2. Chapter 3, Section 3.2.1, Policy 9, is amended by:

(a) Adding the following subsection:

With respect to the lands municipally known as 2901 Bayview Avenue and 630 Sheppard Avenue East, in year 2022, despite Policy 3.2.1.9 of the Official Plan, the provision of 20% of the residential dwelling units as affordable housing units is not required provided that at least 40 Affordable Rental Housing units are provided on the site and maintained with Affordable Rents for a period of at least 15 years.

Chapter 6, Section 9 (Sheppard East Subway Corridor Secondary Plan) is amended by:

Deleting the third paragraph of Subsection 4.2.1 and replacing it with the following paragraph:

"Proposed expansions of the existing shopping centre are to be massed primarily to the south of the existing commercial buildings. Expansions to the north of the existing commercial buildings are generally to be low to midrise additions. Expansions to the east of the existing shopping centre are to be generally consistent in height with the existing residential apartment buildings located on the east side of Hawksbury Drive";

Adding the following paragraph to the end of Subsection 4.2.1:

“The density of 1.75 times the area of the lot, as shown on Map 9-2, is the maximum density permitted for uses on the Bayview Village Shopping Centre Lands." and;

Map 9-2 of Chapter 6, Section 9 (Sheppard East Subway Corridor Secondary Plan) entitled "Key Development Areas" is amended with respect to the Bayview Village Shopping Centre Lands to permit a maximum density of 1.75 as shown on Schedule 2 attached to this Official Plan Amendment.

ATTACHMENT “2” ZONING BY-LAW AMENDMENT

Authority: Ontario Land Tribunal Order issued on December 7, 2020 in Case No. PL180148

CITY OF TORONTO

BY-LAW ###-2022

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2020 as 2901 Bayview Avenue and 630 Sheppard Avenue East.

Whereas the Ontario Land Tribunal, by way of Order/Decision PL180148 issued on December 7, 2020, following an appeal pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, determined to amend the City of Toronto Zoning By‑law 569‑2013, as amended, with respect to the lands known municipally in the year 2020 as 2901 Bayview Avenue and 630 Sheppard Avenue East; and

Whereas authority is given to the Ontario Land Tribunal 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 authority is given to Council to remove the holding symbol (H) when Council is satisfied that the conditions relating to the holding symbol have been satisfied; and

Whereas Regulation of 1.5.6(2) of the City of Toronto Zoning By-law 569-2013, as amended, provides, that where such applies, it supersedes By-law 7625 (being the Zoning By-law for the former City of North York), as amended, and any predecessor zoning by-laws as are applicable; and

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

Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; 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 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 the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020 c.18 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; 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;

The Ontario Land Tribunal, by Order, amends Zoning By-law 569-2013 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 adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: (H)CR 1.0 (c1.0; r0.0) SS2 (x821) and O (x5) 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 subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying the following Policy Area label to these lands: PA3, as shown on Diagram 3 attached to this By-law.

5. Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying no value.

6. Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying the following lot coverage label to these lands: 50, as shown on Diagram 7 attached to this By-law.

7. Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Rooming House Overlay Map in Article 995.40.1, and applying no value;

8. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 821 so that it reads:

(821) Exception CR 821

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 the lands municipally known in the year as 2021 as 2901 Bayview Avenue and 630 Sheppard Avenue East, if the requirements of Section 11 and Schedule A of By-law ####-2022 [Clerks to insert number], are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (CCC) below:

(B) for the purpose of this exception, collectively "Parcel A", "Parcel B" and "Parcel C" as shown on Diagram 1 of By-law ###-2022 are one lot; [Clerks to insert By-law number] ;

(C) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure on “Parcel A” as shown on Diagram 1 of By-law ###-2022 [Clerks to insert By-law number] is the distance between the Canadian Geodetic Datum of 179.40 metres, which for the purpose of “Parcel A” is the established grade, and the elevation of the highest point of the building or structure;

(D) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure on the portion of the lot labelled as "Parking Garage" as shown on Diagrams 4 and 6 of By-law ###-2022 [Clerks to insert By-law number] is the distance between the Canadian Geodetic Datum of 174.17 metres and the elevation of the highest point of the building or structure;

(E) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure on "Parcel C" as shown on Diagram 1 of By-law ###-2022 [Clerks to insert By-law number] is the distance between the Canadian Geodetic Datum of 174.50 metres, which for the purpose of “Parcel C” is the established grade, and the elevation of the highest point of the building or structure;

(F) Regulations 40.10.20.100(7)(8)(9)(10) and (11) regarding public parking, do not apply.

(G) Despite Clause 40.10.20.40, dwelling units are permitted in mixed use buildings;

(H) Despite Clause 40.10.20.100;

(i) Conditions (1) and (33), and Regulation 150.100 do not apply to an eating establishment on the lot;

(ii) Condition (1) does not apply to a place of assembly, take-out eating establishment, entertainment place of assembly or recreation use on the lot;

(iii) Condition (5) does not apply to a retail store;

(iv) Condition (6) does not apply to a service shop;

(v) Condition (17) does not apply to a retail service use;

(vi) Condition (20) does not apply to the outdoor sale or display of goods or commodities;

(vii) Condition (21) does not apply to an outdoor patio;

(viii) Condition (25) and Section 150.96 do not apply to a vehicle washing establishment, provided such use, excluding any stacking aisle(s), is located within a building or structure;

(ix) Condition (28) does not apply to a private school; and

(x) Condition (55) does not apply to a transportation use on the lot;

(xi) Conditions (13) and (38) do not apply to vehicle fuel stations operated as electric vehicle charging stations;

(xii) Despite any Regulation in Section 150.90, the outdoor display of up to three vehicles is permitted in connection with a vehicle dealership, provided such vehicles are not displayed in a required parking space;

(I) Despite Regulation 40.10.20.100(10) and (F) above, one building for parking attendants is permitted on each of “Parcel A”, “Parcel B” and “Parcel C” as shown on Diagram 1 of By-law ###-2022 [Clerks to insert number], subject to the requirements of (A), (B) and (C) set out in Regulation 40.10.20.100(10);

(J) For the purpose of this exception, an outdoor patio may include an outdoor patron area that is a non-residential use or ancillary to a non-residential use;

(K) Despite any Regulations of By-law 569-2013 to the contrary, the buildings, structures and uses existing on the lot as of the date of the Order of the Ontario Land Tribunal approving By-law [Clerks to insert ##], are permitted on the lot, subject to permitted additions and alterations in accordance with the provisions of this Exception;

(L) Despite Regulation 40.10.40.10(2) the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagrams 4, 5 and 6 of By-law ###-2022 [Clerks to insert By-law ##];

(M) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is the number following the letters "ST" as shown on Diagrams 4, 5 and 6 of By-law ###-2022 [Clerks to insert By-law ##]; and

(i) for the purpose of this exception, a mezzanine and mechanical penthouse does not constitute a storey;

(N) Despite Regulations 40.5.40.10(3) to (8) and Regulation (L) and (M) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagrams 4, 5 and 6 of By-law [Clerks to insert By-law ##]:

(i) Bollards by a maximum of 1.5 metres above the finished ground surface;

(ii) Planters and elements of a green roof to a maximum of 2.0 metres;

(iii) Structures and elements for safety, noise and wind protection or mitigation, structures and elements for solar energy or geo-energy purposes, railings, vents chimneys, stacks and flues to a maximum of 2.5 metres;

(iv) Bicycle parking facilities including weather protection to a maximum of 3.0 metres above the finished ground surface;

(v) Parapets, privacy screens, terrace dividers and window washing equipment to a maximum of 3.0 metres;

(vi) Terraces, patios, landscape features, trellises, structures for outdoor residential amenity space or open air recreation, art installations and water features to a maximum of 4.0 metres;

(vii) Stairs, stair enclosure, roof access vestibules and elevator overruns, including associated enclosures and parapets to a maximum of 5.0 metres;

(viii) Driveway entrance structure, driveway light standards and catenary style lighting, including associated supports to a maximum of 6.5 metres above the finished ground surface; and

(ix) Light fixtures, guards, guardrails, retaining walls, underground garage ramps and associated to a maximum of 2.0 metres;

(O) The portion of a building labelled “MPH” on Diagrams 4, 5 and 6 of By-law [Clerks to insert by-law ##] and located above the permitted maximum building heights of 105.5 metres and 109.0 metres on “Parcel A” and above the permitted maximum building height limit of 23.5 metres and 67.0 metres on “Parcel C”, as such Parcels are shown on Diagram 1 of By-law ###-2022, must only be used for equipment and structures for the functional operation of a building including the elements described in Regulation 40.5.40.10(4)(A), (B) and (C), indoor amenity space, elevator lobby and roof top access vestibule;

(P) The height of the Existing Buildings shown on Diagram 1 of By-law ####-2022 [Clerks to insert number] as existing as of the date of the Order of the Ontario Land Tribunal approving By-law [Clerks to insert ##], are permitted, subject to the permitted projections in (N) above and additions, including roof top mechanical equipment and related screens and enclosures, no greater than 7.0 metres above the height of the Existing Buildings;

(Q) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on each of "Parcel A", "Parcel B" and "Parcel C" as shown on Diagram 1 of By-law ###-2022 [Clerks to insert number] is as follows:

(i) On "Parcel A":

(a) A maximum of 66,400.0 square metres of gross floor area is permitted, of which a maximum of 51,000.0 square metres of gross floor area is permitted for residential uses;

(b) A maximum of 11,200.0 square metres of gross floor area is permitted for a building or structure used for the purpose of a parking garage located on that portion of the lot labeled as "Parking Garage" as shown on Diagrams 4 and 6 attached to By-law ####-2022; [Clerks to insert number]

(ii) On “Parcel B”, a maximum of 32,800 square metres of gross floor area is permitted for non-residential uses, of which 0.0 square metres of gross floor area is permitted for residential uses; and

(iii) On “Parcel C”, a maximum of 40,000.0 square metres of gross floor area is permitted, of which a maximum of 31,000.0 square metres of gross floor area is permitted for residential uses;

(R) In addition to the elements which reduce gross floor area listed in Clause 40.5.40.40, the following elements also reduce the gross floor area of a building:

(i) areas occupied by or facilities providing access to a transportation use on "Parcel A" as shown on Diagram 1 of By-law ###2022 [Clerks to insert number], including interior walkways, corridors, hallways, stairs, stairwells, and escalators;

(ii) any buildings or structures operated in conjunction with any permitted outdoor sales or display or retail uses;

(iii) indoor amenity space and roof top vestibules;

(iv) interior walkways, corridors, driveways, drive aisles and vehicular access ramps; and

(v) the area of a building occupied by any non-structural architectural or ornamental features that are attached to and project from the main wall of a building.

(S) Despite Regulations 40.10.40.50(1)(A) and (B), a building with 20 or more dwelling units must provide amenity space on the lot at the following rate:

(i) On "Parcel A" as shown on Diagram 1 of By-law ####-2022 [Clerks to provide number] a minimum of 3.0 square metres of amenity space per dwelling unit must be provided on the lot, of which:

(a) A minimum of 1.5 square metres per dwelling unit must be provided as indoor amenity space; and

(b) A minimum of 40.0 square metres of outdoor amenity space must be provided in a location that adjoins or is directly accessible from the indoor amenity space;

(ii) On "Parcel C", as shown on Diagram 1 of By-law ####-2022 [Clerks to provide number], a minimum of 3.0 square metres of amenity space per dwelling unit must be provided on the lot, of which:

(a) A minimum 1.5 square metres per dwelling unit must be provided as indoor amenity space; and

(b) A minimum of 40.0 square metres of outdoor amenity space must be provided in a location that adjoins or is directly accessible from the indoor amenity space;

(T) Despite Regulation 40.10.40.70(2), the required minimum building setbacks above the finished ground surface are as shown in metres on Diagrams 4, 5, and 6 of By-law ###-2022 [Clerks to insert By-law ##];

(U) Despite Regulation 40.10.40.80(2), the required separation of main walls above the finished ground surface are as shown in metres on Diagrams 4, 5, and 6 of By-law ###-2022 [Clerks to insert By-law ##];

(V) Despite Clauses 40.5.40.60 and 40.10.40.60 and (T) and (U) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) cornices, sills, and eaves by a maximum of 1.0 metre;

(ii) balconies by a maximum of 3.0 metres;

(iii) canopies, awnings and similar structures, including related structural supports by a maximum of 4.0 metres;

(iv) wheelchair ramps by a maximum of 2.0 metres;

(v) ornamental or architectural features by a maximum of 3.0 metres; and

(vi) pedestrian bridges or ramps linking portions of buildings and structures on "Parcel A" to portions of buildings and structures on "Parcel B" as shown on Diagram 1 attached to By-law ###-2021.

(W) Despite Clause 40.10.80.20, Section 200.5 and Section 200.15, drive aisles, accessible parking spaces, and parking spaces existing on the lot as of the date of the Order of the Ontario Land Tribunal approving By-law [Clerks to insert ##] are permitted and such parking spaces and accessible parking spaces may be used to determine compliance with the requirements of (DD) below and Article 200.15.10;

(X) Despite Regulation 200.5.1.10(2)(A)(iv), (B)(iv) and (C)(iv), a maximum of 15 percent of the provided parking spaces on "Parcel A" or "Parcel C", as shown on Diagram 1 of By-law ###-2022 (clerks to insert) may be obstructed as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space;

(Y) Despite Regulation 200.5.1.10(2)(A), a maximum of 10 parking spaces on each of "Parcel A" and "Parcel C" shown on Diagram 1 of By-law ####-2022 [Clerk to insert By-law number], may have the following minimum dimensions:

(i) length of 5.2 metres;

(ii) width of 2.4 metres;

(iii) vertical clearance of 2.0 metres.

(Z) Despite Regulation 200.5.1(3)(A), a one way drive aisle in the parking garage on "Parcel A" shown on Diagram 1 of By-law ##-2022 (clerks to insert) may have a minimum width of 3.0 metres;

(AA) Despite Regulation 200.5.1.10(12)(B), if an apartment building, mixed use building or a building with non-residential uses, has an area for parking two or more vehicles, the vehicle entrance and exit for a one-way driveway into and out of the building on "Parcel A" must have a minimum width of 3.0 metres;

(BB) Despite Regulation 200.5.1.10(12)(C), if an apartment building, mixed use building or a building with non-residential uses, has an area for parking two or more vehicles, the vehicle entrance and exit to the building on Parcel C must be at least 2.8 metres from the lot line abutting a street;

(CC) Despite Clauses 40.10.80.10 and 40.10.80.20, Section 200.5 and Section 200.15, drive aisles, accessible parking spaces, and parking spaces existing on the lot as of the date of the Order of the Ontario Land Tribunal approving By-law [Clerks to insert ##] are permitted and such parking spaces and accessible parking spaces may be used to determine compliance with the requirements of (DD) below and Regulation 200.15.10;

(DD) Despite Regulations 200.5.1.10(1) and 200.5.10.1(1) and Table 200.5.10.1, and Regulations 200.5.200.40 (1) and (2) parking spaces for uses on "Parcel A", "Parcel B" and "Parcel C" as shown on Diagram 1 of By-law ####-2022 [Clerks to provide number] must be provided and maintained on the lot in accordance with the following:

(i) a minimum of 0.6 residential occupant parking spaces to a maximum of 1.0 parking spaces for each bachelor dwelling unit;

(ii) a minimum of 0.7 residential occupant parking spaces to a maximum of 1.2 parking spaces for each one bedroom dwelling unit;

(iii) a minimum of 0.9 residential occupant parking spaces to a maximum of 1.3 parking spaces for each two bedroom dwelling unit;

(iv) a minimum of 1.0 residential occupant parking spaces to a maximum of 1.6 parking spaces for each three bedroom and greater dwelling unit;

(v) a minimum of 1.0 parking spaces for each 100 square metres of non-residential gross floor area of non-residential uses on "Parcel A" must be provided on the lot;

(vi) no residential visitor parking spaces are required;

(vii) a minimum of 1.0 parking spaces for each 20 square metres of "gross leasable area" for non-residential uses on "Parcel B" and "Parcel C" must be provided on the lot; and

a) For the purpose of this exception, "gross leasable area" means the gross floor area of a building, excluding the areas of a building used for the following: a) dwelling units, b) hallways, stairways, and internal common areas and walkways, c) washrooms, change and shower facilities, d) maintenance, mechanical, electrical, and utility rooms, e) vehicle parking, loading, and bicycle parking areas within a building, and f) interior and exterior walls of a building:

(viii) Despite Regulations 40.5.80.1(1) and 200.5.1.10(10), non-residential parking spaces required by (v) and (vii) above may also used by residential visitors on a non-exclusive basis.

(EE) Despite Regulation (DD) above, no parking spaces are required for retail stores and eating establishments operated in an outdoor open air market.

(FF) For the purpose of (DD)(vii), the "gross leasable area" of the Existing Buildings as shown on Diagram 1 of By-law ####-2022 [Clerk to insert By-law number] is deemed to be 32,608 square metres as of as of the date of the Order of the Ontario Land Tribunal approving By-law [Clerks to insert ##];

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

(i) a reduction of 4 resident occupant parking spaces will be permitted for each "car-share parking space" up to a maximum of 20 "car-share parking spaces":

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

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

(HH) Despite Regulation 200.15.1(1) and (3), an accessible parking space must have the following minimum dimensions:

(i) length of 5.6 metres;

(ii) width of 3.4 metres;

(iii) vertical clearance of 2.1 metres; and

(iv) be located adjacent to a 1.5 metre wide accessible barrier free aisle or path and such aisle or path may be shared by two accessible parking spaces;

(II) Despite Regulation 200.15.1(4), an accessible parking space must be the parking spaces located;

(i) closest to a barrier-free passenger elevator on the same level that provides access to the building; or

(ii) within 40.0 metres as measured horizontally from the rear of the accessible parking spaces to a barrier-free passenger elevator on the same level providing access to the building.

(JJ) Despite regulation 230.5.1.10(4)(A)(ii) and (B)(ii), the required minimum width of a stacked bicycle parking space is 0.35 metres;

(KK) Despite Regulation 230.5.10.1(1) and Table 230.5.10.1(1), bicycle parking spaces are not required for the Existing Buildings as shown on Diagram 1 of By-law ####-2022 [Clerk to insert number];

(LL) In addition to the places a "long-term" bicycle parking space may be located listed in Regulations 230.5.1.10(9)(B)(i)(ii) and (iii), "long-term" bicycle parking spaces may also be located in the following locations:

(i) On the first or second storey of a building;

(ii) On all levels of a building below ground.

(MM) Despite Clause 220.5.10.1, loading spaces for "Parcel A", "Parcel B" and "Parcel C" as shown on Diagram 1 of By-law ####-2022 [Clerk to insert number] must be provided as follows:

(i) On "Parcel A":

(a) A minimum of 1 Type “G” loading space; and

(b) A minimum of 2 Type “B” loading spaces.

(ii) On "Parcel B":

(a) A minimum of 3 Type “A” loading space; and

(b) A minimum of 3 Type “B” loading spaces.

(iii) On "Parcel C":

(a) A minimum of 1 Type “G” loading space; and

(b) A minimum of 2 Type “B” loading spaces.

(NN) Despite Clauses 40.10.90.10, access driveways, drive aisles, and loading spaces existing on "Parcel B", as shown on Diagram 1 of By-law ####-2022 [Clerk to insert number], as of the date of the Order of the Ontario Land Tribunal approving By-law [Clerks to insert ##] are permitted and are deemed to satisfy the requirements of Section 220.5 and Regulation (MM) above.

(OO) Despite Regulation 220.5.1.10(5), loading spaces required for "Parcel B" and "Parcel C" as shown on Diagram 1 of By-law ####-2022 [Clerk to insert number] may be shared between the uses on "Parcel B" and "Parcel C" and may be located on any or all of "Parcel B" or "Parcel C".

(PP) Despite Regulation 230.5.1.10(10), both "short-term" and "long-term" bicycle parking spaces may be located in a stacked bicycle parking space;

(QQ) A minimum of 10 percent of the total number of dwelling units must contain a minimum of three bedrooms;

(RR) Retail store, eating establishments and take-out eating establishments are permitted on the lot outdoors and are not subject to Regulation 5.10.40.70(4);

(SS) Despite Regulation 40.5.75.1(1) renewable energy or cogeneration energy devices which project into a required building setback shown on Diagrams 4, 5 and 6 must be located below ground;

(TT) Regulation 40.10.40.1(1) does not apply with respect to the location of commercial uses in a mixed use building;

(UU) Regulation 40.10.40.1(2) with respect to the location of entrances and first floor elevations does not apply;

(VV) Regulations 40.10.40.1(5) does not apply with respect to use and building orientation to a street;

(WW) Regulation 40.10.40.10(5) does not apply with respect to the height of the first storey of a building or structure; on "Parcel A" located on that portion of the lot labeled as Parking Garage on Diagrams 4 and 6 attached to By-law ####-2022, as well as Parcel "B" and Parcel "C" on Diagram 1 attached to By-law ####-2002 [Clerks to insert number]:

(XX) Regulation 40.10.90.40(1)(B) does not apply with respect to access to loading spaces;

(YY) Regulations 40.10.100.10(1)(B) and (C) do not apply with respect to vehicular access;

(ZZ) Article 200.10.1, does not apply with respect to visitor parking spaces;

(AAA) Article 200.15.10 does not apply with respect to accessible parking spaces on "Parcel B" as shown on Diagram 1 of By-law ####-2022 [Clerks to insert number];

(BBB) Regulation 230.40.1.20(2) does not apply with respect to the location of “short term” bicycle parking spaces;

(CCC) For the purpose of this exception a bicycle is not a vehicle;

Prevailing By-laws and Prevailing Sections:

(A) On 2901 Bayview Avenue and 630 Sheppard Avenue East, former City of North York By-law 610-2001(OMB);

(B) If the requirements of Section 11 and Schedule A of By-law ### [Clerks to insert By-law number] are complied with, former City of North York By-law 610-2001 (OMB) does not apply as a prevailing by-law.

9. Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.40.10 Exception Number 5 so that it reads:

(5) Exception O 5

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) In addition to the permitted uses listed in Regulation 90.90.20.10(1), on the lands zoned O, as shown on Diagram 2 of By-law [Clerks to insert ##], the following uses are also permitted:

(i) any uses existing on the lands as of the date of the Order of the Ontario Land Tribunal approving By-law [Clerks to insert ##];

(ii) uses and structures ancillary to or associated with the construction of buildings on Parcel B and Parcel C as shown on Diagram 1 of By-law [Clerks to insert ##] ; and

(iii) below ground construction tie-backs.

Prevailing By-laws and Prevailing Sections:

(A) On 2901 Bayview Avenue and 630 Sheppard Avenue East, former City of North York By-law 610-2001(OMB);

(B) If the requirements of Section 11 and Schedule A of By-law ### [Clerks to insert By-law number] are complied with, former City of North York By-law 610-2001 (OMB) does not apply as a prevailing by-law.

10. HOLDING REQUIREMENTS

(A) The lands identified as Area A with a holding symbol (H) on Diagram 2 shall not be used for any purpose other than: those uses and buildings that existed on such lands as of July 1, 2020, and any new uses or buildings, where the use or construction of which does not conflict with the City’s storm sewer easement, registered as Instrument No. AT524470, until such time as the (H) holding symbol has been removed. The removal of the (H) symbol shall be subject to the satisfaction of the following condition:

(i) The Owner has submitted municipal storm sewer relocation drawings with supporting documentation and made arrangements for the relocation of the existing City storm sewer, including the entering into and registration of a Section 37 Agreement to secure the storm sewer relocation and entering into all other appropriate agreements required by the City, the posting of the required financial security to guarantee the satisfactory performance and completion of the relocated storm sewer, and the granting of a new easement in favour of the City for the relocated storm sewer, all to the satisfaction of the Chief Engineer & Executive Director of Engineering and Construction Services and the City Solicitor.

(B) The lands identified as Area B with a holding symbol (H) on Diagram 2, including Area A, shall not be used for any purpose other than those uses and buildings that existed on the lands subject to this By-law as of July 1, 2020, and any new uses or buildings, where the use or construction of which, will increase sanitary or private water or groundwater flows to municipal sewers, until such time as the (H) symbol has been removed, subject to the following exceptions:

(ii) a building or structure used for the purpose of a parking garage located on that portion of the lands labeled as Parking Garage on Diagrams 4 and 6 attached to this By-law, provided no private water or groundwater is discharged to the municipal sanitary sewer in the short-term or long-term on account of such building or structure;

(iii) internal renovations to the Existing Buildings shown on Diagram 1 of this By-law ;

(iv) minor alterations to the Existing Buildings shown on Diagram 1 of this By-law;

(v) demolition of existing buildings and structures; and

(vi) any development, including the relocation of the municipal storm sewer located within a portion of the area subject to the City’s existing storm sewer easement, registered as Instrument No. AT524470, and any building permits, satisfactory to the Chief Engineer and Executive Director of Engineering and Construction Services.

(C) An amending by-law to remove the (H) symbol, which may be removed from the whole of or a portion of the lands, shall be enacted by City Council when the following condition has been fulfilled to the satisfaction of Council:

(i) The upgrade of the last three 300 millimeter diameter sanitary sewer legs upstream of the sanitary trunk sewer to 675 millimeter diameter, located at the north west corner of Sheppard Avenue East and Leslie Street intersection, which works are being undertaken by the City of Toronto, are constructed and operational to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

11. Section 37 Requirements:

(A) Pursuant to Section 37 of the Planning Act, as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020 c.18 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 attached to 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 attached to this By-law 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 lands, to the satisfaction of the City Solicitor;

(B) Where Schedule A attached to 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; and

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

12. Despite any existing or future severance, partition or division of ”Parcel A”, Parcel “B” and “Parcel C” shown on Diagram 1 of this By-law, the provisions of this By-law and By law 569-2013, as amended apply to the whole of ”Parcel A”, Parcel “B” and “Parcel C” collectively as one lot as if no severance, partition or division had occurred

Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File PL[####]

SCHEDULE A

Section 37 Requirements

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

1. Prior to issuance of the first above-grade building permit for residential units within a building within “Parcel A” as shown in Diagram 1 in this By-law, the owner shall pay a cash contribution to the City in the amount of $1,287,576 to be allocated towards capital facilities within the vicinity of the lands as shown in Diagram 1 in this By-law, which may include cycling facilities along Sheppard Avenue East, to the satisfaction of the Chief Planner and Executive Director, City Planning;

2. Prior to issuance of the first above-grade building permit for residential units within a building within “Parcel C” as shown in Diagram 1 in this By-law, the owner shall pay a cash contribution to the City in the amount of $666,580 to be allocated towards capital facilities within the vicinity of the lands as shown in Diagram 1 in this By-law, which may include cycling facilities along Sheppard Avenue East, to the satisfaction of the Chief Planner and Executive Director, City Planning;

3. The owner shall provide new affordable residential rental housing units within the lands shown in Diagram 1 in this By-law having a total net leasable area of a minimum of 2,648 square metres on a phased basis in accordance with the following:

   a) a minimum of 976 square meters of net leasable area shall be provided as new affordable residential rental units within “Parcel C” as shown in Diagram 1 in this By-law within the first 10 floors of the building;

   b) a minimum of 1,626 square meters of net leasable area shall be provided as new affordable residential rental units in within “Parcel A” as shown in Diagram 1 in this By-law within the first 6 floors of the building;

   c) at least 40% of the new affordable residential rental units shall be provided as two-bedroom units and three-bedroom units;

   d) at least 10% of the new affordable residential rental units shall be provided as three-bedroom units;

   e) at least three of the new affordable residential rental units shall be provided as in accordance with the Ontario Building Code, with basic accessibility features such as a barrier-free path of travel and doorway into the kitchen, bedroom, living room and full bathroom; and

   f) such further terms and conditions of the Section 37 Agreement including, but not limited to, timing of completion of the new affordable residential rental units, tenure and duration of affordability, rent increases, terms of use of facilities and amenities for tenants of the new affordable residential rental units, screening of eligible tenants, tenancy agreement clauses, and easements in respect of the building in which the new affordable residential rental units are not located in the event the building is registered as a condominium pursuant to the Condominium Act, 1998;

4. Prior to the issuance of the first above grade building permit for residential units within a building located within “Parcel A” as shown on Diagram 1 in this By-law, the owner shall,

   a) if the Toronto Transit Commission has approved access upgrades to the Bayview Subway Station entrance in the form of a new pedestrian connection from the lands through Bayview Avenue to the Bayview Avenue Subway Station (the scope of said works as generally described below to be secured by the letter of credit and referred to as the "Transit Station Access Upgrade") and the owner has entered into all agreements as required by the Toronto Transit Commission, provide the City with a letter of credit in the amount of $3,000,000 to financially secure the owner's contribution to the construction of the excavation and construction of all aspects of the pedestrian tunnel within the lands and Bayview Avenue, the installation of all finishes and equipment needed for the operation of an entrance to the subway within the Transit Station Access Upgrade, including payment turnstiles and gates, to the satisfaction of the Toronto Transit Commission, and all other costs of construction and completion of the pedestrian tunnel connection needed in order to operate and provide access from the lands to the Bayview Subway Station, on such further terms and conditions set out in the Section 37 Agreement; or

   b) if the TTC has not approved the Transit Station Access Upgrade and the owner has not entered into the aforementioned agreements for the Transit Station Access Upgrade, make a cash contribution to in the City in the amount of $3,000,000 to be used at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor;

5. The letter of credit and the cash contribution described in section 4 above shall 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 Table: 18-10-0135-01, or its successor, calculated from the date of execution of the Section 37 Agreement to, in the case of the letter of credit, the date of delivery by the owner to the City and, in the case of the cash payment, the date of the payment by the owner to the City;

6. The owner shall register a grant of easement in favour of the City and/or the Toronto Transit Commission for the purpose of permitting access by the City, the Toronto Transit Commission and the general public to, from, and through the portion of the Transit Station Access Upgrade located within the lands shown in Diagram 1 in this By-law in accordance with the terms and conditions of the Section 37 Agreement;

7. The owner shall submit a scoped Traffic Impact Study for any phase of the development permitted by this By-law which includes dwelling units in conjunction with each application for site plan approval, where such application is filed after the fifth anniversary of the date this By-law is final and binding, and where final site plan approval has been obtained in respect of any part of the lands, where the request for the extension of site plan approval is made after the fifth anniversary of the date this By-law is final and binding, and the owner shall be responsible for the implementation and cost of all improvements identified in a Traffic Impact Study which are attributable to the development of the lands, to the satisfaction of the General Manager, Transportation Services;

8. Prior to the condominium registration of the first residential building within “Parcel A” as shown in Diagram 1 in this By-law, the owner shall grant a non-exclusive surface easement to in favour of the City to secure a privately-owned, publicly accessible open space (“POPS”) within the lands having a minimum area of 750 square metres (or such greater area as the owner may in its sole discretion determine) where the final location and configuration of which shall be determined as part of the Site Plan Approval and in accordance with the terms and conditions as are more particularly set out in the Section 37 Agreement. The improvements associated with the POPS will be completed prior to the registration of the first condominium within “Parcel A” as shown in Diagram 1 in this By-law and the owner shall provide the City with letter of credit on terms and in an amount satisfactory to the Chief Planner as financial security for the construction of the POPS as required. The timing and amount of the Letter of Credit, and the details for its release and draw downs by the City shall be determined as part of the Site Plan Approval process;

9. The owner shall provide an on-site parkland dedication as contemplated by Section 42 of the Planning Act, by the conveyance of two park blocks to the City comprising a minimum area of 4,926 square metres, to the satisfaction of General Manager, Parks, Forestry and Recreation, and on terms set out in the Section 37 Agreement as follows:

   a) a 1,201 square metre park block substantially in the location identified as “Future Park” on Diagrams 4 and 6 in this By-law (the “South Park”); and

   b) a 3,725 square metre park block substantially in the location identified as “Future Park” on Diagrams 4 and 5 in this By-law (the “North Park”).

10. The conveyance of parkland shall occur in accordance with the terms and conditions set out in the Section 37 Agreement including, but not limited to, the phasing of the parks conveyances, the requirements with respect to the design, cost and timing and delivery of base and above base park improvements, tiebacks, access arrangements and financial security;

11. Prior to the issuance of the first above-grade building permit for a building containing residential dwelling units on all or any part of the lands, the owner shall register in priority a restriction pursuant to section 118 of the Land Titles Act in favour of the City against title to the North Park, to the satisfaction of the City Solicitor; and

12. Matters of legal convenience in support of the development will be secured in the Section 37 Agreement and will be provided in accordance with the terms and conditions as set out in the Section 37 Agreement.