Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 16, 2022 EFFECTIVE DATE: August 12, 2022

CASE NO.: PL170200

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

Applicant and Appellant: 1642989 Ontario Inc,. 2025243 Ontario Inc., JFJ Development Inc. Subject: Request to amend the Official Plan – Refusal of request by the City of Toronto Existing Designation: Mixed Use Areas and Neighborhoods Proposed Designation: Site Specific Purpose: To permit the proposed development of an 11-storey mixed use building and nine 3-storey townhomes Property Address/Description: 245, 249, 253 & 255 Sheppard Avenue West and 244, 250, 256, & 258 Bogert Avenue Municipality: City of Toronto Municipal Number: 16 208200 NNY 23 OZ OLT Case No.: PL170200 OLT File No.: PL170200 OLT Case Name: Pinelake Group 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: 1642989 Ontario Inc,. 2025243 Ontario Inc., JFJ Development Inc. Subject: Application to amend Zoning By-law Nos. 7625 and 569-2013 – Refusal of Application by the City of Toronto Existing Zoning: Commercial Area (C6) and One-Family Detached Dwelling Fourth Density Zone (R4) (ZBL 7625) Residential Detached, RD (f15.0; a550)(x5) Proposed Zoning: Site specific Purpose: To permit the proposed development of an 11-storey mixed use building and nine 3-storey townhomes Property Address/Description: 245, 249, 253 & 255 Sheppard Avenue West and 244, 250, 256, & 258 Bogert Avenue Municipality: City of Toronto Municipal Number: 16 208200 NNY 23 OZ OLT Case No.: PL170200 OLT File No.: PL170201

BEFORE:

G.C.P. BISHOP ALTERNATE CHAIR

Friday, 12th day of August, 2022

THIS MATTER having come on for a public hearing on August 21 to 31 and September 14 and 24, 2018 and the Ontario Land Tribunal (the “Tribunal”) having determined that the appeal(s) under subsection 22(7) and 34(11) of the Planning Act (the “Official Plan Appeal” and “Zoning Appeal” respectively) should be allowed and that the proposed official plan amendment and zoning by-law amendments are in a final form and content satisfactory to the City and should be approved.

THE TRIBUNAL ORDERS that the Official Plan Appeal and the Zoning Appeal is allowed and that the City of Toronto’s Official Plan and Zoning By-law No. 569-2013 of the City of Toronto and the former City of North York Zoning By-law No. 7625, as amended, are hereby amended in the manner set out in Attachment “1”, “2” and “3” to this Order, respectively. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.

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

AND FURTHER PURSUANT TO RULE 24.4 OF THE TRIBUNAL RULES corrections for a technical or typographical error, error in calculation or similar minor error made in a decision or order can be requested.

“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

Authority: Local Planning Appeal Tribunal (LPAT) decision dated February 13, 2019 and the Ontario Land Tribunal (OLT) Order issued on _______, 202 in OLT Case No. PL170200

CITY OF TORONTO

BY-LAW No. __2022 (OLT)

To approve an amendment to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2022, as 245, 249, 253 and 255 Sheppard Avenue West and 244, 250, 256 and 258 Bogert Avenue

Whereas the Local Planning Appeal Tribunal, by its Decision dated February 13, 2019 in Ontario Land Tribunal (OLT) Case No. PL170200 has approved an official plan amendment to amend the City of Toronto Official Plan, as amended, with respect to lands municipally known as 245, 249, 253 and 255 Sheppard Avenue West and 244, 250, 256 and 258 Bogert Avenue; and

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

1. The text attached hereto as Schedule "A" is adopted as an amendment to the Official Plan of the City of Toronto.

2. This is Official Plan Amendment No. 610.

AMENDMENT NO. 610 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2022 AS 245, 249, 253, and 255 SHEPPARD AVENUE WEST and 244, 250, 256 and 258 BOGERT AVENUE

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

1. Chapter 6, Section 37, Sheppard Lansing Secondary Plan is amended by adding subsection 3 to Section 8.0, Site and Area Specific Policies:

“Lands located on the south side of Sheppard Avenue West, known municipally as 245, 249, 253 and 255 Sheppard Avenue West (3 on Map 37-5)"

A mixed-use building with at-grade retail with a maximum height of 11-storeys and 36.0 metres is permitted. The subject site, including the lands in 2 below, is permitted an overall maximum Floor Space Index (FSI) of 3.48.

2. Chapter 7, Site and Area Specific policies is amended for the lands known municipally in 2022 as 244, 250, 256 and 258 Bogert Avenue by adding Site and Area Specific Policy No. 803 as set out in the following:

3. 244, 250, 256 and 258 Bogert Avenue

i) Nine (9) three storey townhouses shall be permitted

ii) A below-grade garage for parking and servicing is permitted. The below grade garage will service all properties including 245, 249, 253 and 255 Sheppard Avenue West.

3. Map 27, Site and Area Specific policies, is amended for the lands known municipally in 2022 as 244, 250, 256 and 258 Bogert Avenue by adding the label Site and Area Specific Policy No. 803.

ATTACHMENT “2” ZONING BY-LAW AMENDMENT (Toronto Zoning By-law No. 569-2013)

Authority: Ontario Land Tribunal (OLT) decision dated February 13, 2019 and the OLT Order issued on _______, 202 in OLT Case No. PL170200

CITY OF TORONTO

BY-LAW ____-2022

To amend Zoning By-law No. 569-2013, as amended, with respect to the lands known municipally in the year 2021 as 245, 249, 253 and 255 Sheppard Avenue West and 244, 250, 256 and 258 Bogert Avenue

Whereas the Ontario Land Tribunal (OLT), by its Decision/Order issued on February 13, 2019 in OLT Case No. PL170200 has determined to amend Zoning By-law No. 569-2013, with respect to the lands municipally known as 245, 253 and 255 Sheppard Avenue West and 244, 250, 256 and 258 Bogert Avenue;

Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and/or 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 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 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 and the Ontario Land Tribunal, upon appeal, 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 the height and density of development permitted beyond that otherwise permitted on the aforesaid lands by By-law 569-2013, as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law, which is secured by one or more agreements between the owner of the land and the City of Toronto;

The Ontario Land Tribunal Orders:

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

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

3. Zoning By-law No. 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, respecting the elands outlined in heavy black lines to CR 1.0 (r1.0; c1.0) SS2 (649) 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 no value.

5. 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 shown on Diagram 3: 69.2.

6. Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11 Exception Number 649 so that it reads:

(649) Exception CR(649)

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 245, 249, 253, 255 Sheppard Avenue West and 244, 250, 256, 258 Bogert Avenue, if the requirements of Section 9 and Schedule A of By-law are complied with, a building or structure may be constructed, used, or enlarged in compliance with Regulations (B) to (Q) below:

(B) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure fronting onto Sheppard Avenue West, as identified on Diagram 5 by HT(1), is the distance between the Canadian Geodetic Datum elevation of 178.85 metres and the elevation of the highest point of the building or structure.

(C) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure fronting onto Bogert Avenue, as identified on Diagram 5 by HT(2), is the distance between the Canadian Geodetic Datum elevation of 176.91 metres and the elevation of the highest point of the building or structure.

(D) Despite Clause 40.10.30.40, the permitted maximum lot coverage, as a percentage of the lot area, is 69.2 percent.

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

(F) Despite Regulation 40.10.40.10 (5), the minimum height of the first storey of the mixed-use building is 4.4 metres and 3.0 metres for the townhouses.

(G) 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 Diagram 4 of By-law [Clerks to insert By-law #]

(H) Despite Regulation 40.5.40.10(3) and (4) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 5 of By-law [Clerks to inset By-law #]:

(i) Elevator shaft, fence, green roof elements, landscaping, mechanical equipment, parapet wall, privacy screen, safety railing, stair enclosures, stairs, terraces and trellises, by a maximum of 5.5 metres for the mixed-use building; and

(ii) Plumbing stacks, bathroom and kitchen exhaust vents and air conditioning units by a maximum height of 3.0 metres for the townhouse building.

(I) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area is 12,200 square metres, of which:

(i) the permitted maximum gross floor area for non-residential uses is 450 square metres.

(J) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are shown on Diagram 5 of By-law [Clerks to insert By-law #];

(K) Despite Regulations 40.10.40.60(1) to (8) and (I) above, the following building elements may encroach into the required minimum building setbacks as follows:

(i) Architectural features, awnings, balconies, porches, balustrades, canopies, cornices, doors, eaves, guardrails, landscape features, light fixtures, ornamental elements, parapets, trellises, railings, stairs, stair enclosures, underground garage ramps, ventilation shafts, walls of an underground garage, wheel chair ramps, window sills and associated structures, which may project up to a maximum of 3.0 metres into the required building setbacks for the mixed-use building; and

(ii) Canopies, stairs, railings, light fixtures, planters, and exhaust vents which may project up to a maximum of 2.4 metres into the building setbacks for the townhouse buildings.

(L) Regulation 40.10.40.80(2) with respect to separation distance does not apply.

(M) Despite Regulation 40.10.40.1(1), residential use portions of a building may be located on the same level or below non-residential use portions of a building.

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

(i) a minimum of 0.8 residential occupant parking spaces for each one bedroom dwelling unit;

(ii) a minimum of 0.9 residential occupant parking spaces for each two bedroom dwelling unit;

(iii) a minimum of 1.0 residential occupant parking spaces per three bedroom dwelling unit

(iv) a minimum of 0.15 residential occupant parking spaces per apartment dwelling unit for residential visitors;

(v) a minimum of 1.0 residential occupant parking spaces per townhouse dwelling unit;

(vi) a minimum of 0.2 parking spaces per townhouse dwelling unit for residential visitors; and

(vii) A minimum of 1.0 parking spaces per 100 square metres of gross floor area for non-residential uses.

(O) Regulation 200.15.1 (4) with respect to location of accessible parking spaces shall not apply.

(P) Despite Regulation 230.5.10.1(1), (3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the minimum rates:

i. 0.68 "long-term" bicycle parking spaces for each dwelling unit;

ii. 0.07 "short-term" visitor bicycle parking spaces for each dwelling unit;

iii. 0.13 "long-term" bicycle parking spaces for each 100 square metres for interior floor area for all non-residential uses on the lot;

iv. 3 "short-term" bicycle parking spaces for each 100 square metres of interior floor area for all non-residential uses on the lot.

(Q) Despite Regulation 220.5.10.1, 1 type "G" loading space shall be provided and shared between residential and commercial uses.

Prevailing By-law and Prevailing Section: (None Apply)

7. Despite any existing or future severance, partition or division of the lot, the provisions of this By-law shall apply to the whole of the lot as if no severance, partition or division occurred.

8. Temporary use(s):

(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of an office on the lot for the purpose of the sale of dwelling units or commercial units on the lot.

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 in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Schedule A 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 the 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.

Ontario Land Tribunal (OLT) decision dated February 13, 2019 and the OLT Order issued on ________, 2022 in OLT Case No. PL170200

SCHEDULE A

Section 37 Provisions

1. 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 development on the lands shown on Schedule 1 in this By-law and secured in an agreement under Section 37(3) of the Planning Act where the owner agrees as follows:

A. A cash contribution of $900,000.00 towards capital facilities within the vicinity of the subject lands, to be paid prior to issuance of any above grade building permit for a mixed use building or townhouses on the lot. [Note: The allocation will be determined by the owner and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and specified in the Section 37 Agreement].

B. The cash contribution referenced above shall be increased upwards by indexing in accordance with the Non-residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date the Section 37 Agreement is registered on title to the date payment is made.

C. In the event the cash contribution referred to above has not been used for the intended purpose(s) within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose(s), provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lot.

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

(i) prior to the commencement of any excavation and shoring work, the owner will submit a Construction Management Plan and Community Consultation Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to, the size and location of construction staging areas, location and function of gates, information on concrete pouring, lighting details, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning or the General Manager, Transportation Services, in consultation with the Ward Councillor;

(ii) Any other items in order to secure the matters identified above.

E. The owner shall enter into and register on title to the lot one or more agreements with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning Division, to assist with securing the facilities, services and matters set forth in this Schedule A.

ATTACHMENT “3” ZONING BY-AMENDMENT (Former North York Zoning By-law No. 7625)

Authority: Ontario Land Tribunal (OLT), as approved by Decision dated February 13, 2019

CITY OF TORONTO

BY-LAW No. ___-202

To amend Zoning By-law No. 7625 for the former City of North York, as amended, with respect to the lands municipally known in the year 2021 as 245, 249, 253 and 255 Sheppard Avenue West and 244, 250, 256 and 258 Bogert Avenue.

Whereas the Ontario Land Tribunal (OLT), by its Decision/Order issued on February 13, 2019 in OLT Case No. PL170200 has determined to amend Zoning By-law No. 569-2013, with respect to the lands municipally known as 245, 253 and 255 Sheppard Avenue West and 244, 250, 256 and 258 Bogert Avenue;

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

Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in the 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 as are set out in the by-law; and

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

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

Whereas the City of Toronto has required the owner of the aforesaid lands to enter into one or more agreements having been executed dealing with certain facilities, services and matters in return for the increase in height and density in connection with the aforesaid lands as permitted by this By-law:

The Ontario Land Tribunal Orders:

1. Schedules "B" and "C" of the By-law No. 7625 of the former City of North York, as amended, are hereby further amended, by rezoning the subject site from C6 and R4 to RM6(283) in accordance with Schedules 1 and 2 of this By-law.

2. Within the lands shown on Schedule 2 attached to this By-law, no person shall use any land or erect or use any building or structure unless the following municipal services are provided to the lot line and the following provisions are complied with:

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

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

3. Section 64.20 of By-law No.7625 of the former City of North York is amended by adding the following subsection:

"64.20-A RM6 (283)

DEFINITIONS

ESTABLISHED GRADE

(B) For the purpose of this exception, "established grade" shall mean the geodetic elevation of 176.91 metres for the portion of the site shown in hatching and labeled as HT(2) on Schedule RM6(283) and “established grade” shall mean the geodetic elevation of 178.85 metres for the portion of the site labeled as HT(1) on Schedule RM6(283);

GROSS SITE AREA

(C) For the purposes of this exception, "gross site" shall mean the lands identified by all of Lots 1152 to 1157 Inclusive and Part of Lots 1151, 1286 to 1293 Inclusive, Registered Plan 1743 comprising an area of 3,524.6 m².

NET SITE

(D) For the purposes of this exception, "net site" shall mean the lands identified as such on Schedule 1, consisting of the gross site minus the lands conveyed to the City for road widening purposes, and comprising an area of 3,433 m² as depicted on Schedule 1.

GROSS FLOOR AREA

(E) For the purposes of this exception “gross floor area” shall mean:.

The gross floor area of a building is reduced by the area in the building used for:

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

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

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

(iv) shower and change facilities required by this By-law for required bicycle parking spaces;

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

(v) elevator shafts;

(vi) garbage shafts;

(vii) mechanical penthouse; and,

(viii) exit stairwells in the building.

PERMITTED USES

(F) The permitted uses shall be apartment house dwellings; multiple attached dwellings; restaurants; retail stores; personal service shops; service shops; banks; business and professional offices; studios; dry-cleaning and laundry collecting establishments; automatic laundry shops; take-out restaurants, and professional medical offices, and such non-residential uses shall be located only on the ground floor.

EXCEPTION REGULATIONS

GROSS FLOOR AREA

(G) The maximum gross floor area permitted on the gross site shall not exceed 12,100 m² of which a maximum of 450 m² shall be for commercial uses located at grade.

NUMBER OF DWELLING UNITS

(H) The maximum number of apartment house dwellings shall be 103.

(I) The maximum number of multiple attached dwelling units shall be 9.

BUILDING HEIGHT

(J) The building height, measured from established grade, shall not exceed the maximum height in metres shown on Schedule 2 excluding mechanical penthouses to a maximum height of 5.0 metres.

(K) Despite Section 20-A.2.6 of By-law 7625 and (I) above, no portion of an apartment house dwelling or multiple attached dwelling units erected on the lot shall be located above the heights show on Schedule 2 of this By-law, measures from established grade, with the exception of the following:

i. Elevator shaft, fence, green roof elements, landscaping, mechanical equipment, parapet wall, privacy screen, safety railing, stair enclosures, stairs, terraces and trellises, by a maximum for the 5.5 metres for the apartment house dwelling; and

ii. Plumbing stacks, bathroom and kitchen exhaust vents and air conditioning units by a maximum height of 3.0 metres for the multiple attached dwelling units.

YARD SETBACKS

(L) The yard setbacks shall be as shown on Schedule 2.

(M) The following provisions of By-law 7625, as amended, shall not apply; 15.8, 20-A.2.2, 20-A.2.4.1 and 20-A.2.5.

BUILDING SEPARATION

(N) Section 15.6 of By-law 7625 shall not apply.

BUILDING ENVELOPE

(O) Despite Section 6(9) of By-law 7625, no portion of an apartment house dwelling erected on the lot shall be located otherwise than wholly within the heavy lines identified on Schedule 2 attached to and forming part of this By-law, with the exception of the following:

1. Architectural features, awnings, balconies, porches, balustrades, canopies, cornices, doors, eaves, guardrails, landscape features, light fixtures, ornamental elements, parapets, trellises, railings, stairs, stair enclosures, underground garage ramps, ventilation shafts, walls of an underground garage, wheel chair ramps, window sills and associated structures, which may project up to a maximum of 3.0 metres into the required yard setbacks

(P) Despite Section 6(9) of By-law 7625, no portion of a multiple attached dwellings erected on the lot shall be located otherwise than wholly within the heavy lines identified on Schedule 2 attached to and forming part of this By-law, with the exception of the following:

a. Canopies, stairs, railings, light fixtures planters and exhaust vents which may project up to a maximum of 2.4 metres into the required yard setbacks.

NUMBER OF STOREYS

(Q) The number of storeys shall not exceed the maximum shown on Schedule 2 excluding mechanical penthouses and stairwells to access the roof.

MOTOR VEHICULAR PARKING

(R) Motor vehicle parking spaces shall be provided in accordance with the following requirements:

a) Apartment Dwelling Units

1Bedroom 0.8 parking spaces per unit

2Bedroom 0.9 parking spaces per unit

3Bedroom 1.0 parking spaces per unit

Visitors 0.15 parking spaces per dwelling unit

b) Multiple Attached Dwelling Units

1 parking space per multiple attached dwelling unit

Visitors 0.2 parking spaces per dwelling unit

c) Retail / Commercial

1 parking space per 100 m² of gross floor area

BICYCLE PARKING

(S) Bicycle parking spaces for the new buildings shall be provided within the site in accordance with the following requirements:

(i) For residents: 0.68 bicycle parking spaces per dwelling units.

(ii) For visitors: 0.07 bicycle parking spaces per dwelling unit.

LOADING

(T) One loading space shall be provided with dimensions of 13.0 metres by 4.0 metres and a vertical clearance of 6.1 metres.

Prevailing By-laws and Prevailing Sections: (None apply).

SEVERANCE

4. Notwithstanding any past or future severance, partition or division of the net site shown on Schedule 1, the provisions of this By-law shall apply to the lot as if no consent, severance, partition or division occurred.

5. None of the provisions of By-law No. 7625 of the former City of North York, as amended, or of this By-law shall apply to prevent the erection or use on the lot of a temporary sales/leasing office.

6. 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/or density of the development is permitted beyond that otherwise permitted on the lot 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 lot, to the satisfaction of the City Solicitor.

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

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

Ontario Land Tribunal (OLT) decision dated February 13, 2019 and the OLT Order issued on ________, 2022 in OLT Case No. PL170200

SCHEDULE A

Section 37 Provisions

1. 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 development on the lands shown on Schedule 1 in this By-law and secured in an agreement under Section 37(3) of the Planning Act where the owner agrees as follows:

A. A cash contribution of $900,000.00 towards capital facilities within the vicinity of the subject lands, to be paid prior to issuance of any above grade building permit for an apartment house dwelling or multiple attached dwelling on the lot. [Note: The allocation will be determined by the owner and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and specified in the Section 37 Agreement].

B. The cash contribution referenced above shall be increased upwards by indexing in accordance with the Non-residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date the Section 37 Agreement is registered on title to the date payment is made.

C. In the event the cash contribution referred to above has not been used for the intended purpose(s) within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose(s), provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lot.

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

(iii) prior to the commencement of any excavation and shoring work, the owner will submit a Construction Management Plan and Community Consultation Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to, the size and location of construction staging areas, location and function of gates, information on concrete pouring, lighting details, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning or the General Manager, Transportation Services, in consultation with the Ward Councillor;

(iv) Any other items in order to secure the matters identified above.

E. The owner shall enter into and register on title to the lot one or more agreements with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning Division, to assist with securing the facilities, services and matters set forth in this Schedule A.