Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 17, 2022 EFFECTIVE DATE: August 12, 2022

CASE NO.: OLT-22-004023 (formerly PL171048)

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

Applicant and Appellant: Oak Heights Apartments Inc. Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment Existing Designation: Apartment Neighbourhoods and Parks Proposed Amendment: Apartment Neighbourhoods and Parks Purpose: To permit a mixed-use building Property Address/Description: 230 Oak Street Municipality: City of Toronto Municipal Number: 13 277895 STE 28 OZ OLT Case No.: OLT-22-004023 Legacy Case No.: PL171048 OLT File No.: OLT-22-004023 OLT Case Name: Oak Heights Apartments Inc. v. Toronto (City)

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

Applicant and Appellant: Oak Heights Apartments Inc. Subject: Application to amend Zoning By-law Nos. 569-2013 and 438-86 – Refusal or neglect of the City of Toronto to make a decision Existing Zoning: R(d.06)(x904) in the City Wide Harmonized Zoning by By-law 569-2013 and R2 Z0.6 in the former City of Toronto Zoning By-law 438-86 Proposed Zoning: Site Specific (to be determined) Purpose: To permit a mixed-use building Property Address/Description: 230 Oak Street Municipality: City of Toronto Municipal Number: 13 277895 STE 28OZ OLT Case No.: OLT-22-004023 OLT Legacy Case No.: PL171048 OLT File No.: OLT-22-004046 Legacy File No.: PL171049 OLT Case Name: Oak Heights Apartments Inc. v. Toronto (City)

BEFORE: G.C.P. BISHOP ALTERNATE CHAIR

Friday, 12th day of August, 2022

THIS MATTER having come on for a public hearing on September 12, 2019 and the Ontario Land Tribunal (the “Tribunal”) determined that the appeal(s) under subsection 22(7) of the Planning Act (the “Official Plan Amendment Appeal”) and subsection 34(11) of the Planning Act (the “Zoning Appeal”) should be allowed, in part, in a decision issued on November 12, 2019 and that the proposed Official Plan Amendment and the proposed Zoning By-law Amendment should be approved;

AND THE TRIBUNAL having received, considered and determined the request for the Final Order on Friday, the 12th day of August, 2022;

THE TRIBUNAL ORDERS that the Official Plan Amendment Appeal and the Zoning Appeal are allowed, in part, and that the City of Toronto’s Official Plan is hereby amended in the manner set out in Attachment “1” to this Order and 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 and Zoning By-law 438-86 of the City of Toronto, is hereby amended in the manner set out in Attachment "3" to this Order. The Tribunal authorizes the municipal clerk to format the by-law in Attachment “1”, Attachment "2" and Attachment "3" as may be necessary, for record keeping purposes.

AND 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

Authority: Ontario Land Tribunal Decision issued November 12, 2019 and Order effective on [Date] in File OLT-22-004023

CITY OF TORONTO

BY-LAW -2022 (OLT)

To adopt Amendment 461 to the Official Plan of the City of Toronto respecting the lands known municipally in the year 2022 at 230 Oak Street.

Whereas authority is given to the Ontario Land Tribunal under the Planning Act, R.S.O. 1990, c. P.13, as amended, to approve this by-law;

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

1. The text and mapping attached to Amendment 461 is hereby adopted as an amendment to the Official Plan of the City of Toronto.

Pursuant to Ontario Land Tribunal Decision/Order issued on [Date], 2022 with respect to Case OLT-22-004023.

AMENDMENT 461 TO THE OFFICIAL PLAN OF THE CITY OF TORONTO

The following text and mapping constitutes Amendment 461 to the Official Plan of the City of Toronto:

1. Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy 573 for the lands known municipally in 2019 as 230 Oak Street as follows:

a. A building or structure does not require a setback from the valley top-of- bank as staked by the Toronto and Region Conservation Authority on August 7, 2013; and

b. A structure required for a pedestrian bridge may be located either above or below the valley top-of-bank as staked by the Toronto and Region Conservation Authority on August 7, 2013.

2. Map 29, Site and Area Specific Policies is amended by adding the lands at 230 Oak Street as Site and Area Specific Policy 573 as shown on attached Schedule A.

3. Map 18, Land Use Plan is amended by redesignating a portion of the lands at 230 Oak Street from Apartment Neighbourhoods to Parks and Open Space Areas - Natural Areas, as shown on attached Schedule B.

4. Map 8A, City Parkland is amended by adding as "City Parkland" a portion of the lands at 230 Oak Street as shown on attached Schedule C.

Schedule A

Schedule B

Schedule C

ATTACHMENT 2

Authority: Ontario Land Tribunal Decision issued November 12, 2019 and Order effective on [Date] in File OLT-22-004023

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 2021 as 230 Oak Street.

Whereas the Ontario Land Tribunal, by its Decision issued November 12, 2019, in Tribunal File OLT-22-004023 (formerly PL171048) approved amendments to amend Zoning By-law 569-2013, as amended, with respect to the lands known municipally as 230 Oak Street; and

Whereas the Ontario Land Tribunal, but its Order effect on [date], determined to amend Zoning By-law 569-2013, as amended with respect to the lands known municipally as 230 Oak Street; and

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

Whereas a zoning by-law may include Holding (H) symbol pursuant to Section 36 of the Planning Act, R.S.O. 1990, c. P. 13, as amended; 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, 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 may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters in accordance with Schedule A of this By-law; 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 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 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black lines to R (d0.6) [insert] and ON as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by amending Article 900.2.10 Exception Number [insert] so that it reads:

Exception R [insert]

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 230 Oak Street, if the requirements of Section 4 and Schedule A of By-law [Clerks to insert By-law #] are complied with, By-laws 22846 and 23046 do not apply and the erection or use of a building, structure, addition or enlargement that meets the requirements of of (B) to (T) below is permitted.

(B) Despite Regulation 150.45.50.1(1), an outdoor play area for a day nursery may be located in a front yard or side yard abutting a street.

(C) Despite Regulation 600.10.10, two towers, namely Tower A and Tower B, are permitted on the lot in the locations shown on Diagram 3 of By-law [Clerks to insert By-law #].

(D) Despite Regulation 10.5.40.10(1), the height of a building is the distance between the Geodetic Vertical Datum 2013 of 87.935 metres and the highest point of the building.

(E) Despite Regulation 10.10.40.10(1), the maximum height of a building or structure is specified by the numbers following "HT" in the locations shown on Diagram 3 of By-law [Clerks to insert By-law #], subject to the height exemptions described in Clause 10.5.40.10 and the following height exemptions:

(i) Parapets to a maximum height of 1.0 metre may exceed the height limits shown on Diagram 3 of By-law [Clerks to insert By-law #]; and

(ii) A bridge structure with a minimum width of 3 metres is not subject to height limits.

(F) The maximum number of storeys, excluding any levels below the first floor, for towers on the lot is as follows:

(i) Tower A– 23 storeys, including a mechanical penthouse; and

(ii) Tower B– 34 storeys, including a mezzanine level and a mechanical penthouse.

(G) Despite Regulation 10.10.40.40(1), the gross floor area, as defined by Regulation 10.5.40.40(4), must not exceed the following:

(i) Total gross floor area on the lot must not exceed 43,500 square metres;

(ii) Tower A must not exceed a gross floor area of 21,000 square metres;

(iii) Tower B must not exceed a gross floor area of 22,300 square metres; and

(iv) A day nursery must not exceed a gross floor area of 500 square metres.

(H) The maximum total area of any floor more than 6.5 metres above the Geodetic Vertical Datum 2013 of 87.935 metres, measured from the exterior of the of the main wall of each floor level, is as follows:

(i) Tower A must not exceed 948 square metres; and

(ii) Tower B must not exceed 757 square metres.

(I) A maximum of 649 dwelling units are permitted, subject to the following:

(i) Tower A may have a maximum of 319 dwelling units; and

(ii) Tower B may have a maximum of 330 dwelling units.

(J) Despite Clauses 10.10.40.70, the required minimum building and structure setbacks are as shown on Diagram 3 of Bylaw [Clerks to insert By-law #], subject to the following exemptions:

(i) the building setback requirements do not apply to the parts of the building or structure below ground; and

(ii) a bridge structure with a minimum width of 3 metres is not subject to any setback requirements.

(K) Despite Regulations 5.10.40.1 (3), 5.10.40.70(6) and 5.10.40.80(1), a building or structure setback from the top-of-bank as shown on Diagram 3 of By-law [Clerks to insert By-law #] is not required for Tower B, stairway enclosures, bridge structures, and any below-ground portion of a building.

(L) Despite Regulation 10.10.40.30(1), any building on the lot is not subject to a maximum building depth.

(M) Despite Regulation 10.10.40.50(1), the minimum required amenity space is as follows:

(i) Tower A must have a minimum of 255 square metres of indoor amenity space that includes at least one multi-purpose room that contains a kitchen and washroom and has direct access to outdoor amenity space;

(ii) A minimum of 310 square metres of outdoor amenity space must be provided on and/or adjacent to Tower A in one or more locations provided at least one location is adjoining or directly accessible from indoor amenity space;

(iii) Tower B must have a minimum of 660 square metres of indoor amenity space that includes at least one multi-purpose room that contains a kitchen and washroom and has direct access to outdoor amenity space; and

(iv) Tower B must have a minimum of 660 square metres of outdoor amenity space located in one or more locations above the first floor provided it adjoins or is directly accessible from indoor amenity space.

(N) Despite Regulation 230.5.1.10(9)(B), long-term bicycle parking spaces may be located within a secured underground parking garage, on any level, subject to the following:

(i) A maximum of 108 long-term bicycle parking spaces for occupants may be located in the underground parking garage on level P2; and

(ii) A maximum of 51 long-term bicycle parking spaces for occupants may be located in the underground parking garage on level P3.

(O) Despite Regulation 230.5.10.1(5), a total of 649 Bicycle parking spaces must be provided in accordance with the following:

(i) a minimum of 272 long-term bicycle parking spaces for occupants of Tower A;

(ii) a minimum of 47 short-term bicycle parking spaces for visitors of Tower A;

(iii) a minimum of 282 long-term bicycle parking spaces for occupants of Tower B; and

(iv) a minimum of 48 short-term bicycle parking spaces for visitors of Tower B.

(P) Despite Regulation 200.5.10.1(1), parking spaces must be provided on the lot in accordance with the following:

(i) A minimum of 85 parking spaces for residential occupants of Tower A;

(ii) A minimum of 101 parking spaces for residential occupants of Tower B;

(iii) A minimum of 52 parking spaces for residential visitors of both Tower A and Tower B; and

(iv) A minimum of 1 parking space for a day nursery.

(Q) Despite Regulations 200.15.1(1), 200.15.1(3), 200.15.1(4), 200.15.1.5(1),and 200.15.10(1), a minimum of 6 accessible parking spaces are required, which must be located in the underground parking garage anywhere within 20 metres of the closest elevators and have the following minimum dimensions:

(i) length of 5.6 metres;

(ii) width of 3.9 metres; and

(iii) vertical clearance of 2.1 metres.

(R) Despite Regulation 10.5.80.1(2), an ancillary outdoor parking and loading area for the short-term parking of up to five (5) motor vehicles and 1 Type 'C' loading space is permitted in the parking area as shown on Diagram 3 of By-law [Clerks to insert By-law #] and does not require any fencing around the parking area.

(S) Despite Regulation 10.5.50.10(4), a minimum of 1,762 square metres of landscaped open space, including soft landscaping, must be provided on the lot and located above the top-of-bank as illustrated on Diagram 3 of By-law [Clerks to insert By-law #].

Prevailing By-laws and Prevailing Sections: None apply.

5. Section 37 Provisions

(A) Pursuant to Section 37 of the Planning Act, as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, C.18, as amended, came into force, 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 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 hereof 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 upon satisfaction of the same;

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

(D) Once the agreement or agreements securing the facilities, services and matters set out in Schedule A have been executed and registered, the provisions of Schedule A shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement.

6. Holding Provisions

(A) The lands zoned with the "(H)" symbol delineated by heavy lines on Diagram 2 attached to and forming part of this By-law must not be used for any purpose other than those uses and buildings existing on the site as of date of passing this By-law on the lands shown on Diagram 1 attached to this By-law until the "(H)" symbol has been removed.

(B) An amending by-law to remove the "(H)" symbol may be enacted by City Council with respect to the lands when the following conditions have been fulfilled to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, General Manager, Transportation Services, as the case may be, and Council:

(i) The owner has provided to the City a $1,000,000 cash contribution to the satisfaction of the Chief Planner and Executive Director, City Planning;

(ii) The owner has submitted a fee for the preparation of a Section 37 Agreement to the Customer Service Planning Consultant in Toronto Building, Toronto and East York District, in accordance with the City Planning fee schedule in effect at the time of payment;

(iii) The owner has entered into an Agreement pursuant to Section 37 of the Planning Act, or other legal agreement, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division, and the Section 37 Agreement, or other legal agreement, has been registered on title to the property to the satisfaction of the City Solicitor, that secures the community benefits and other matters to support the development as outlined in the Decision of City Council in TE7.20, Item 6(b) dated July 16, 2019, as amended;

(iv) The Owner has submitted, at their sole cost and expense, a revised Functional Servicing Report and Hydrogeological Assessment Report and any other reports identified in the August 19, 2019 Memorandum from Development Engineering required for the Zoning By-law ("Engineering Reports") and secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports to support the development of the land all satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

(v) City Council has approved the Rental Housing Demolition Application 13 277898 STE 28 RH under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to demolish six of the existing rental dwelling units at 230 Oak Street; and

(vi) The City Solicitor is satisfied that the replacement rental units, rents, tenant relocation and assistance plan and any other related rental matters for the six rental dwelling units to be demolished at 230 Oak Street are secured and in conformity with section 3.2.1.6 of the Official Plan.

Pursuant to Ontario Land Tribunal Decision issued November 12, 2019 and Order effective on [Date] in File OLT-22-004023 (formerly PL171048).

SCHEDULE A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City at the owner's expense in return for the increase in height and density of the proposed development on the lands shown in Diagram 1 in this By-law. Prior to the issuance of any building permit, the owner shall enter into an agreement, on such terms and conditions, including upwards indexing, securities, details and requirements, to the satisfaction of the City Solicitor pursuant to Section 37(3) and (4) of the Planning Act, as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, C.18, as amended, came into force, (the "Section 37 Agreement") to secure the community benefits and matters required to support the development below, whereby the owner agrees as follows:

(1) Prior to issuance of the first above-grade building permit for all or any part of Tower B on the lands, the owner must:

a. provide to the City a cash contribution of $1,200,000.00 for capital improvements to parks and/or streets in Ward 13 in the vicinity of the lands. The design of the streetscape improvements must comply with the Streetscape Manual or be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. provide to the City a cash contribution of $1,200,000.00 for capital improvements to new or existing local community, recreation and/or cultural facilities in Ward 13 in the vicinity of the lands of which $1,000,000.00 shall be provided prior to any application to lifting the holding (H) by-law on the lands and $200,000.00 shall be provided prior to the first above-grade building permit for all or any party of Tower B on the lands;

c. provide either on-site affordable rental housing units with a construction cost, excluding land value, of $1,330,000.00, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, or provide to the City a cash contribution of $1,330,000.00 for capital improvements to new or existing Toronto Community Housing facilities, including dwelling units, or other affordable housing facilities; and

d. design, construct and maintain two new accessible pedestrian bridges to provide new mid-block pedestrian connections between Gerrard Street East and the subject property, which must each have a minimum width of 3.0 metres and be substantially constructed prior to issuance of the first above-grade building permit for the new tall building, all at the sole expense of the owner. The bridge design must be to the satisfaction of the Chief Planner and Executive Director, City Planning Division. The community benefit of the two bridges is valued at $670,000.00, which represents approximately one third of the estimated bridge construction costs (the remaining construction costs will be provided by the owner and are not considered a community benefit under Section 37 of the Planning Act). The owner must demonstrate design excellence for the two pedestrian bridges, to the satisfaction of the Chief Planner and Executive Director, City Planning Division. The bridge design must have regard for the character of Gerrard Street East and surrounding lands, integration with the existing parapet on Gerrard Street East, appropriate lighting, and consideration for incorporating public art.

(2) The payment amounts in Sections (1)a., (1)b., and (1)c. of this Schedule A will be increased by upwards indexing in accordance with the Statistics Canada Apartment Building Construction Price Index for Toronto, calculated from the date of issuance of the Order from the Tribunal to the date the payment is made.

(3) In the event the cash contributions referred to in Sections (1)a., (1)b., and (1)c. of this Schedule A, havenot been used for the intended purpose within four (4) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

(4) Prior to issuance of the first above-grade building permit for the new building (Tower B), the owner must convey to the City public access easements with a minimum clearway width of 2.1 metres over the two new pedestrian bridges, as referenced in (1)d., on the subject property that will provide direct access to Gerrard Street East, as well as a public access easement with a minimum clearway width of 2.1 metres on the subject property between the southerly ends of the pedestrian bridges, all to the satisfaction of the General Manager of Transportation Services and the Chief Planner and Executive Director, City Planning Division. Public access must be available 24 hours a day, every day of the year, unless temporary closure is required for maintenance or unsafe conditions.

(5) Pursuant to Ontario Regulation 166/06, the owner is required to obtain a Toronto and Region Conservation (TRCA) permit prior to any development and/or site alteration on the subject property.

(6) The owner agrees to provide information to the Toronto and Region Conservation Authority (TRCA) that describes how a Limiting Distance Separation Agreement and a Maintenance Easement will be secured through the appropriate development agreement(s), to the satisfaction of TRCA and prior to approval of a Site Control application and prior to any development and/or site alteration on the subject property.

(7) In conjunction with a Site Plan Control application, the owner agrees to convey to the City, at nominal cost, prior to the issuance of an above-grade building permit for a new building (Tower B) or structure on the subject property, a 4.76-metre wide strip of land to the full extent of the site abutting the west limit of Bayview Avenue, such lands to be free and clear of all encumbrances, save and except for utility poles, in accordance with the City's environmental standards, and subject to a right-of-way for access purposes in favour of the grantor until such time as the said lands have been dedicated for public highway purposes.

(8) Prior to issuance of the first above-grade building permit, the owner is required to provide the City with payment-in-lieu of parkland contribution based on a parkland dedication of 714 square metres.

(9) The owner must implement the Ravine Stewardship Plan as detailed in Section 8 of the Natural Heritage Impact Study and Ravine Stewardship Plan dated August 2016 prepared by MMM Group.

(10) The owner shall construct and maintain the development in accordance with the version of the Tier 1 performance measures of the Toronto Green Standard that is in effect at the time a Site Plan Control application has been received by the City and has been deemed complete.

(11) The owner agrees to implement any recommended wind mitigation measures identified in a Final Pedestrian Level Wind Study, and, if applicable, any such measures identified in a peer review of the Final Pedestrian Level Wind Study, both to be determined through the review of a Site Plan Control application, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

(12) The owner shall provide and secure the indoor and outdoor amenity space, and furnishings and appointments thereof, in and adjacent to the existing rental building (Building A) for the use and enjoyment of the tenants of the existing building (Tower A) without pass-through of such costs in the rents to tenants. Any proposed changes to the size, location or function of the indoor and amenity spaces as shown in the architectural plans prepared by Sweeny and Co Architects Inc. dated August 15, 2016, shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division. The owner agrees to complete the indoor amenity space in the existing building (Tower A) and make it available to the existing tenants prior to issuance of the first above-grade building permit for the new building (Tower B) or alternative timing to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

(13) The owner agrees to provide and maintain within the new residential building (Tower B) a dwelling unit mix that includes a minimum of 15 percent three-bedroom dwelling units and a minimum of 25 percent two-bedroom units.

(14) The owner agrees to secure the rental tenure of 319 existing rental dwelling units to be retained on-site in the existing building for a period of at least 20 years beginning from the date that the site-specific zoning by-law amendments come into full force and effect.

(15) Prior to the issuance of any building permit for Tower A or Tower B, the owner must submit a Construction Management and Community Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the General Manager of Transportation Services, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction. The Construction Management and Community Communication 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, alternate parking arrangements for existing residents for the duration of any affected parking spaces used by existing residents, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community and existing tenants, and any other matters requested by the Chief Planner and Executive Director, City Planning, or the General Manager of Transportation Services, in consultation with the Ward Councillor.

(16) The owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development.

(17) The owner agrees to haul off-site any private water until the end of the construction dewatering phase. In the absence of a short-term discharge approval, the owner shall ensure any private water (including but not limited to groundwater and construction wastewater) collected from the subject property is hauled away using a hauler approved by The Ministry of the Environment, Conservation and Parks (MOECP) to ensure that no water is discharged directly or indirectly into the City's sewage works and thereby comply with Municipal Code Chapter 681-Sewers.

(18) Prior to approval of a Site Plan Control application, the owner agrees to satisfy the following requirements:

a. Submit to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and approval prior to deposit in the Land Registry Office, a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System with coordinate values shown on the face of the plan, and delineating thereon by separate PARTS the lands to be conveyed to the City for road widening purposes, the remainder of the site, and any portions of the access driveway to be subject to vehicular easements and any appurtenant easements;

b. The owner acknowledges the need for separate applications to the General Manager of Transportation Services for permits to carry out any works involving the construction in, or occupancy of the abutting rights-of-way;

c. The owner must make a separate application to the General Manager of Transportation Services for a Bridge Agreement, in respect of the proposed pedestrian bridge connections above the abutting Gerrard Street East right-of-way, designed in compliance with the Pedestrian Bridge Design Principles and Requirements, prepared by LEA Consulting Ltd., dated November 25, 2016; and

d. The owner must obtain all necessary exemptions, in the form of a discharge agreement or permit issued in accordance with Section 6 of Chapter 681 of the City of Toronto Municipal Code, to allow the discharge of private water to a City sewer which is otherwise prohibited under Chapter 681 ("Discharge Agreements"), to the satisfaction of the General Manager, Toronto Water, and shall be in good standing under any such Discharge Agreements.

Diagram 1

Diagram 2

Diagram 3

ATTACHMENT 3

Authority: Ontario Land Tribunal Decision issued November 12, 2019 and Order effective on [Date] in File OLT-22-004023

CITY OF TORONTO

BY-LAW -2022

To amend the general Zoning By-law 438-86, as amended, of the former City of Toronto with respect to the lands municipally known in the year 2021 as 230 Oak Street.

Whereas the Local Planning Appeal Tribunal, by its Decision issued November 12, 2019, in Tribunal File PL171048 approved amendments to amend Zoning By-law 438- 86, as amended, with respect to the subject lands; and

Whereas the Ontario Land Tribunal, but its Order effect on [date], determined to amend Zoning By-law 438-86, as amended with respect to the lands known municipally as 230 Oak Street; and

Whereas a request has been made to amend Zoning By-law 438-86 pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended with respect to lands known municipally in the year 2019 as 230 Oak Street; and

Whereas a zoning by-law may include Holding (H) symbol pursuant to Section 36 of the Planning Act, R.S.O. 1990, c. P. 13, as amended; 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, 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 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 438-86, 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. Section 37 Provisions

(A) Pursuant to Section 37 of the Planning Act, as it read on the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, C.18, as amended, came into force, 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 lands shown on Map 1 in return for the provision by the owner, at the owner’s expense, of the facilities, services and matters set out in Schedule A hereof 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 upon satisfaction of the same;

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

(D) Once the agreement or agreements securing the facilities, services and matters set out in Schedule A have been executed and registered, the provisions of Schedule A shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement.

2. District Map 51H-313 of By-law 438-86, as amended, is further amended by changing the zoning designation on a portion of the lands from R2 Z0.6 to G as illustrated on Map 1 attached to this By-law.

3. Except as otherwise provided herein, the provisions of By-law 438-86, as amended shall continue to apply to the land.

4. None of the provisions of By-law 22846, By-law 23046, By-law 1106-2016, and Sections 2(1) "grade", "height", "lot", and "bicycle parking space – occupant", 4 (2) (a), 4 (5), 4(17), 6(3) Part I 1, of Zoning By-Law 438-86 , being a "By-Law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended shall apply to prevent the erection and use of buildings or structures on the lands, provided that:

(a) The lands comprise the lands delineated by heavy lines on Map 1 attached to and forming part of this By-law;

(b) Two towers, namely Tower A and Tower B, are permitted on the lands at the locations shown on Map 2 attached to this By-law;

(c) No person shall erect or use a building or structure on the lands having a greater height in metres than the height limits specified by the numbers following "HT" on the attached Map 2, except for the following:

i. parapets to a maximum height of 1.0 metre may exceed the height limits shown on Map 2; and

ii. a bridge structure with a minimum width of 3 metres is not subject to height limits.

(d) The maximum number of storeys at or above grade for towers on the lands is as follows:

i. Tower A – 23 storeys, including a mechanical penthouse; and

ii. Tower B – 34 storeys, including a mezzanine level and a mechanical penthouse.

(e) The amount of residential gross floor area and non-residential gross floor area erected or used on the lands shall not exceed the following:

i. The combined residential gross floor area and non-residential gross floor area on the lands must not exceed 43,481 square metres;

ii. The combined residential gross floor area and non-residential gross floor area located in Tower A as shown on the attached Map 2 shall not exceed 21,000 square metres;

iii. The non-residential gross floor area of a day nursery located in Tower A shall not exceed 500 square metres; and

iv. The residential gross floor area located in Tower B as shown on the attached Map 2 shall not exceed 22,978 square metres.

(f) The maximum total area of any floor more than 6.5 metres above grade measured from the exterior of the main wall of each floor level, is as follows:

i. Tower A must not exceed 948 square metres; and

ii. Tower B must not exceed 757 square metres.

(g) A maximum of 649 dwelling units shall be permitted on the lands, subject to the following:

i. The maximum number of dwelling units in Tower A shall be 319;

ii. The maximum number of dwelling units in Tower B shall be 330; and

iii. the mix of dwelling units in Tower B must include a minimum of 25percent two bedroom units and a minimum of 15percent three bedroom units.

(h) The location of bicycle parking spaces – occupants shall comply with the following:

i. a maximum of 108 long-term bicycle parking spaces - occupants may be located in the underground parking garage on level P2; and

ii. a maximum of 72 long-term bicycle parking spaces - occupants may be located in the underground parking garage on level P3.

(i) Parking spaces for on the lot must be provide in accordance with the following;

i. a minimum of 85 parking spaces for residential occupants in Tower A;

ii. a minimum of 101 parking spaces for residential occupants in Tower B;

iii. a minimum of 52 parking spaces for residential visitors of both Tower A and Tower B; and

iv. a minimum of 1 parking space for a day nursery.

(j) Despite the definition of a parking space, a maximum of 15 obstructed parking spaces shall be permitted within the underground parking area for Tower A;

(k) An ancillary outdoor parking area and loading area for the short-term parking of up to four (4) motor vehicles and one (1) loading space - type "C" is permitted in the parking area as shown on Map 2 and does not require any fencing around the parking area;

(l) For the purposes of this By-law, each word or expression that is italicized shall have the same meaning as each such word or expression as defined in By-law 438-86, as amended, with the exception of the following terms:

i. "grade" shall mean the Geodetic Vertical Datum 2013 of 87.75 metres;

ii. "height" shall mean the highest point of the roof above grade except for those elements prescribed in this By-law;

iii. "Tower A" shall mean the portion of the apartment building as it existed in the year 2019 that is located at or above grade., subject to alterations, additions and internal modifications which do not result in additional residential gross floor area, as shown on the attached Map 2; and

iv. "Tower B" shall mean the portion of a building labeled Tower B that is at or above grade as shown on the attached Map 2 and located wholly within the area delimited by heavy lines shown on the attached Map 2.

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

5. Holding Provisions

(A) The lands zoned with the "(H)" symbol delineated by heavy lines on Map 1 attached to and forming part of this By-law must not be used for any purpose other than those uses and buildings existing on the site as of date of passing this By-law on the lands shown on Map 1 attached to this By-law until the "(H)" symbol has been removed.

(B) An amending by-law to remove the "(H)" symbol may be enacted by City Council with respect to the lands when the following conditions have been fulfilled to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, General Manager, Transportation Services, as the case may be, and Council:

(i) The owner has provided to the City a $1,000,000 cash contribution to the satisfaction of the Chief Planner and Executive Director, City Planning;

(ii) The owner has submitted a fee for the preparation of a Section 37 Agreement to the Customer Service Planning Consultant in Toronto Building, Toronto and East York District, in accordance with the City Planning fee schedule in effect at the time of payment;

(iii) The owner has entered into an Agreement pursuant to Section 37 of the Planning Act, or other legal agreement, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division, and the Section 37 Agreement, or other legal agreement, has been registered on title to the property to the satisfaction of the City Solicitor, that secures the community benefits and other matters to support the development as outlined in the Decision of City Council in TE7.20, Item 6(b) dated July 16, 2019, as amended;

(iv) The Owner has submitted, at their sole cost and expense, a revised Functional Servicing Report and Hydrogeological Assessment Report and any other reports identified in the August 19, 2019 Memorandum from Development Engineering required for the Zoning By-law ("Engineering Reports") and secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports to support the development of the land all satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

(v) City Council has approved the Rental Housing Demolition Application 13 277898 STE 28 RH under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to demolish six of the existing rental dwelling units at 230 Oak Street; and

(vi) The City Solicitor is satisfied that the replacement rental units, rents, tenant relocation and assistance plan and any other related rental matters for the six rental dwelling units to be demolished at 230 Oak Street are secured and in conformity with section 3.2.1.6 of the Official Plan.

Pursuant to Ontario Land Tribunal Decision and Order effective on [Date] in File OLT-22-004023.

APPENDIX I

Section 37 Provisions

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

1. Prior to issuance of the first above-grade building permit for all or any part of Tower B on the lands, the owner must:

a. provide to the City a cash contribution of $1,200,000.00 for capital improvements to parks and/or streets in Ward 13 in the vicinity of the lands. The design of the streetscape improvements must comply with the Streetscape Manual or be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. provide to the City a cash contribution of $1,200,000.00 for capital improvements to new or existing local community, recreation and/or cultural facilities in Ward 13 in the vicinity of the lands;

c. provide either on-site affordable rental housing units with a construction cost, excluding land value, of $1,330,000.00, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, or provide to the City a cash contribution of $1,330,000.00 for capital improvements to new or existing Toronto Community Housing facilities, including dwelling units, or other affordable housing facilities; and

d. design, construct and maintain two new accessible pedestrian bridges to provide new mid-block pedestrian connections between Gerrard Street East and the subject property, which must each have a minimum width of 3.0 metres and be substantially constructed prior to issuance of the first above-grade building permit for the new tall building, all at the sole expense of the owner. The bridge design must be to the satisfaction of the Chief Planner and Executive Director, City Planning Division. The community benefit of the two bridges is valued at $670,000.00, which represents approximately one third of the estimated bridge construction costs (the remaining construction costs will be provided by the owner and are not considered a community benefit under Section 37 of the Planning Act). The owner must demonstrate design excellence for the two pedestrian bridges, to the satisfaction of the Chief Planner and Executive Director, City Planning Division. The bridge design must have regard for the character of Gerrard Street East and surrounding lands, integration with the existing parapet on Gerrard Street East, appropriate lighting, and consideration for incorporating public art.

2. The payment amounts in Sections 1a, 1b, and 1c of this Appendix I will be increased by upwards indexing in accordance with the Statistics Canada Apartment 230 Oak Street -- OPA and Rezoning -- Request for Direction Page 54 of 67 Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date the payment is made.

3. In the event the cash contributions referred to in Sections 1a, 1b, and 1c of this Appendix I, have not been used for the intended purpose within four (4) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

4. Prior to issuance of the first above-grade building permit for the new building (Tower B), the owner must convey to the City public access easements with a minimum clearway width of 2.1 metres over the two new pedestrian bridges, as referenced in 1d, on the subject property that will provide direct access to Gerrard Street East, as well as a public access easement with a minimum clearway width of 2.1 metres on the subject property between the southerly ends of the pedestrian bridges, all to the satisfaction of the General Manager of Transportation Services and the Chief Planner and Executive Director, City Planning Division. Public access must be available 24 hours a day, every day of the year, unless temporary closure is required for maintenance or unsafe conditions.

5. Pursuant to Ontario Regulation 166/06, the owner is required to obtain a Toronto and Region Conservation (TRCA) permit prior to any development and/or site alteration on the subject property.

6. The owner agrees to provide information to the Toronto and Region Conservation Authority (TRCA) that describes how a Limiting Distance Separation Agreement and a Maintenance Easement will be secured through the appropriate development agreement(s), to the satisfaction of TRCA and prior to approval of a Site Control application and prior to any development and/or site alteration on the subject property.

7. In conjunction with a Site Plan Control application, the owner agrees to convey to the City, at nominal cost, prior to the issuance of an above-grade building permit for a new building (Tower B) or structure on the subject property, a 4.76-metre wide strip of land to the full extent of the site abutting the west limit of Bayview Avenue, such lands to be free and clear of all encumbrances, save and except for utility poles, in accordance with the City's environmental standards, and subject to a right-of-way for access purposes in favour of the grantor until such time as the said lands have been dedicated for public highway purposes.

8. Prior to issuance of the first above-grade building permit, the owner is required to provide the City with payment-in-lieu of parkland contribution based on a parkland dedication of 714 square metres.

9. The owner must implement the Ravine Stewardship Plan as detailed in Section 8 of the Natural Heritage Impact Study and Ravine Stewardship Plan dated August 2016 prepared by MMM Group.

10. The owner shall construct and maintain the development in accordance with the version of the Tier 1 performance measures of the Toronto Green Standard that is in effect at the time a Site Plan Control application has been received by the City and has been deemed complete.

11. The owner agrees to implement any recommended wind mitigation measures identified in a Final Pedestrian Level Wind Study, and, if applicable, any such measures identified in a peer review of the Final Pedestrian Level Wind Study, both to be determined through the review of a Site Plan Control application, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

12. The owner shall provide and secure the indoor and outdoor amenity space, and furnishings and appointments thereof, in and adjacent to the existing rental building (Building A) for the use and enjoyment of the tenants of the existing building (Tower A) without pass-through of such costs in the rents to tenants. Any proposed changes to the size, location or function of the indoor and amenity spaces as shown in the architectural plans prepared by Sweeny andCo Architects Inc. dated August 15, 2016, shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division. The owner agrees to complete the indoor amenity space in the existing building (Tower A) and make it available to the existing tenants prior to issuance of the first above-grade building permit for the new building (Tower B) or alternative timing to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

13. The owner agrees to secure the rental tenure of 319 existing rental dwelling units to be retained on-site in the existing building for a period of at least 20 years beginning from the date that the site-specific zoning by-law amendments come into full force and effect.

14. Prior to the issuance of any building permit for Tower A or Tower B, the owner must submit a Construction Management and Community Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the General Manager of Transportation Services, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction. The Construction Management and Community Communication 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, alternate parking arrangements for existing residents for the duration of any affected parking spaces used by existing residents, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community and existing tenants, and any other matters requested by the Chief Planner and Executive Director, City Planning, or the General Manager of Transportation Services, in consultation with the Ward Councillor.

15. The owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development.

16. The owner agrees to haul off-site any private water until the end of the construction dewatering phase. In the absence of a short-term discharge approval, the owner shall ensure any private water (including but not limited to groundwater and construction wastewater) collected from the subject property is hauled away using a hauler approved by The Ministry of the Environment, Conservation and Parks (MOECP) to ensure that no water is discharged directly or indirectly into the City's sewage works and thereby comply with Municipal Code Chapter 681-Sewers.

17. Prior to approval of a Site Plan Control application, the owner agrees to satisfy the following requirements:

a. Submit to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and approval prior to deposit in the Land Registry Office, a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System with coordinate values shown on the face of the plan, and delineating thereon by separate PARTS the lands to be conveyed to the City for road widening purposes, the remainder of the site, and any portions of the access driveway to be subject to vehicular easements and any appurtenant easements;

b. The owner acknowledges the need for separate applications to the General Manager of Transportation Services for permits to carry out any works involving the construction in, or occupancy of the abutting rights-of-way;

c. The owner must make a separate application to the General Manager of Transportation Services for a Bridge Agreement, in respect of the proposed pedestrian bridge connections above the abutting Gerrard Street East right-of-way, designed in compliance with the Pedestrian Bridge Design Principles and Requirements, prepared by LEA Consulting Ltd., dated November 25, 2016; and

d. The owner must obtain all necessary exemptions, in the form of a discharge agreement or permit issued in accordance with Section 6 of Chapter 681 of the City of Toronto Municipal Code, to allow the discharge of private water to a City sewer which is otherwise prohibited under Chapter 681 ("Discharge Agreements"), to the satisfaction of the General Manager, Toronto Water, and shall be in good standing under any such Discharge Agreements.

Map 1

Map 2