Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 01, 2023

CASE NO(S).: OLT-22-002373

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

Applicant/Appellant: D.D. Acquisitions Partnership

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: Failure of the City of Toronto to announce a decision respecting Proposed Official Plan Amendment No. 19

Reference Number: 19 251045 ESC 21 OZ

Property Address: 1 Rannock Street et al.

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002373

OLT Lead Case No: OLT-22-002373

OLT Case Name: D.D. Acquisitions Partnership v. Toronto (City)

Heard: December 6, 2022 via video hearing

APPEARANCES:

Parties	Counsel
D.D. Acquisitions Partnership	Sharmini Mahadevan
City of Toronto	Daniel Elmadany / Amanda Hill
Bell Canada	Lee English
CP Reit	Maggie Bassani

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON December 6, 2022 AND FINAL ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1The Tribunal was informed that the Parties confirmed that a settlement had been reached and the settlement was presented for the consideration of the Tribunal.

2The matter before the Tribunal is an appeal by D.D. Acquisitions Partnership (“Applicant/Appellant”) pursuant to s. 22(7) of the Planning Act (“Act”) with respect to the City of Toronto’s (“City”) failure to announce a decision respecting Proposed Official Plan Amendment No. 19 (“OPA 19”).

3The Applicant/Appellant is the owner of the lands municipally known as 1 Rannock Street, 860 Pharmacy Avenue, 9, 15, 19, 23, 32 and 40 Craigton Drive, in the City (“Subject Site”). The Subject Site is approximately 2.91 hectares in size and is located near the northwest corner of Eglinton Avenue East and Pharmacy Avenue. The Subject Site is currently occupied by eight, three-and-a-half storey apartment buildings which are served by surface parking lots.

4The Affidavit of Service sworn by Mike Dror on November 25, 2022, was marked as Exhibit 1.

5Mr. Dror was affirmed and qualified to provide for the Tribunal’s uncontested opinion evidence in areas of land use planning. Mr. Dror delivered extensive oral, written and visual evidence as contained in his affidavit.

6Mr. Dror provided to the Tribunal:

7The Subject Site is divided by the existing north-south segment of Craigton Drive into two parts, with 9, 15, 19, and 23 Craigton Drive, located to the west of the Craigton Drive (the “West Properties”) and the remaining properties, 32 and 40 Craigton Drive, 1 Rannock Street and 860 Pharmacy Avenue, located to the east of the Craigton Drive (the “East Properties”).

8The Settlement Proposal provides a modified site configuration, with the east portion of the West Properties proposed to include a new 3,432 square metre public park and a proposed new north-south public street to its immediate west. The intent of the City, when the new north-south public street is constructed and operational with all required municipal services and access, the north-south segment of Craigton Drive is proposed to be closed, converted to parkland and added to the proposed public park on the Subject Site.

9The Tribunal heard that within this affidavit, development east of the park is known as the “East Block”, and development west of the park (and west of the new street) is referred to as the “West Block”.

10The Settlement Proposal consists of four mixed-use and residential buildings, with two mixed-use buildings located on the East Block (Buildings A and B) containing retail/non-residential uses at grade along Pharmacy Avenue and, at the northwest corner of the block along Rannock Street, and two residential buildings located on the West Block (Buildings C and D).

11Building A is a mixed-use building that includes a six-storey base building fronting Pharmacy Avenue with two, 25-storey towers above, for an overall height of 31 storeys (previously 26 and 31 storeys), with retail and/or non-residential uses at grade along Pharmacy Avenue. The building is set back 3.0 metres from Pharmacy Avenue, 2.0 metres from the north lot line (with a blank wall condition), and 5.5 metres from the south lot line. The proposed towers include a 5.0 metre stepback from the Pharmacy Avenue façade, will be separated by 25 metres from each other, and will be separated from the north and south lot lines by a minimum of 12.5 metres.

12Building B is a mixed-use building with an eight-storey mid-rise element (previously 11 storeys) fronting Craigton Drive and a 31-storey tower element (previously 25 storeys) to the south. The two elements share a four-storey base building, which includes 3.0-metre stepbacks above the fourth and seventh storeys along the Rannock Street façade. The western portion of the base building has a height of two storeys with a minimum setback of 5.0 metres from the future public park.

13The eight-storey element has been designed to fit beneath a 45-degree angular plane measured at the future lot line (assuming a reconfiguration of Rannock Street/Craigton Drive, see Paragraphs 30 and 78 below), starting at a height of 80 percent of the future right-of-way (“ROW”) width of 23 metres. The 31-storey tower element includes a minimum 5.0-metre stepback (previously 3.0 metres) from the east edge of the base building, resulting in a tower separation of approximately 26 metres from the two towers in Building A. It is also stepped back between 1.8 and 16.6 metres from the western edge of the two-storey base building facing the park. The mid-rise and tower elements are separated by 20.0 metres.

14Building C is an eight-storey (previously 11 storeys) residential building with an upside-down “U” shape massed along Craigton Drive and the future north-south street, stepping down towards both streets above the fourth and seventh storeys by 3 metres each, with additional stepping along the rear and west façades. Building C is set back 3.0 metres from the north and east lot lines, and 7.5 metres (previously 5.5 metres) from the south lot line.

15Building D is a 27-storey (previously 23 storeys) residential tall building with a four-storey base building. The building is set back a minimum of 3.0 metres along Craigton Drive, 9.5 metres from the west lot line, 7.5 metres from the south lot line, and 15 metres from the base building of Building C to the east. The proposed tower includes a minimum 5.0-metre stepback from the north edge of the base building, a 3.0-metre stepback from the west edge of the base building and a minimum 5.0-metre stepback from the south edge of the base building. The proposed tower is set back at least 12.5 metres from the west and south lot lines, and at least 25 metres to the eight-storey element of Building C.

16Buildings A and B are to be served by a shared vehicular access driveway connecting Pharmacy Avenue to Rannock Street.

17Buildings C and D are to be served by a shared north-south vehicular access off Craigton Drive, in between the two buildings. The second access point that was previously proposed for Building C has been removed, and drop-off is now consolidated via the shared access point with Building D, and internalized within the block.

18The Settlement Proposal also includes a number of privately owned public spaces (“POPS”), including:

• a POPS, at the south end of the East Block, providing for a mid-block connection between Pharmacy Avenue and the future public park;

• a POPS, at the northeast corner of the West Block, providing a small public space across the future north-south street from the future public park and across Craigton Drive from the existing Craigton Court Tot Lot;

• an “L”-shaped POPS along the west and south lot lines of the West Block connecting Craigton Drive at the west end of the Subject Site to the future north-south street and the future public park; and,

• a temporary POPS north of Building B within lands that may be impacted by the future realignment of Craigton Drive.

19With respect to the temporary POPS north of Building B, it is noted that Building B has been set well back from Rannock Street in order to allow for the future realignment of Craigton Drive with Ashtonbee Road to the north of the Subject Site, as is contemplated by the Golden Mile Secondary Plan (“GMSP”). The Settlement Proposal provides two design options, one assuming the realignment of Craigton Drive occurs and one assuming it does not. If alignment of Craigton Drive does not occur, the temporary POPS could become permanent.

20The proposed Gross Floor Area (“GFA”) is 124,602 square metres, including 1,311 square metres of retail GFA and 123,291 square metres of residential GFA. The proposed gross Floor Space Index (“FSI”) is 4.63 times the lot area, or 3.87 FSI when excluding the rental replacement GFA. A unique component of the Settlement Proposal is an incentive to encourage all of the proposed residential GFA to be developed exclusively as rental housing. If that policy intent is not achieved, the Settlement Proposal contemplates a lower overall maximum GFA for the site. The number of residential units, inclusive of the rental replacement units is approximately 1,635. The specific number of units, the breakdown of unit types and sizes will be determined through the Zoning By-law Amendment (“ZBA”) for the Site.

21A statistical summary setting out a comparison of the Settlement Proposal to the Original Proposal and the Second Proposal is provided in Table 1 below.

Table 1: Key Development Statistics

DRAFT OFFICIAL PLAN AMENDMENT (“OPA”)

22The proposed OPA provides detailed policy direction for the Subject Site including GFA, transportation network (including protecting for the Craigton/Rannock Street realignment), parks and other open spaces, key public realm and built form directions, and implementation.

23The proposed OPA provides for policy direction to encourage new rental housing stock to be exclusively developed on the Subject Site. If the Subject Site is not developed exclusively for rental housing, the overall maximum GFA would be subsequently reduced.

24It is understood that these policies are important to the City’s support of the proposed density on the Subject Site given the significant direction for exclusive rental housing development being secured in the OPA.

25In addition to the Applicant/Appellant and the City, there were three other Parties to the appeal. One of the Parties, Stardel Property Management Inc., has withdrawn from the proceedings. The two remaining Parties, CP REIT Ontario Properties Limited and Bell Canada, do not object to the approval of the draft OPA by the OLT.

SUMMARY OPINION

26Mr. Dror opined the OPA application as reflected in the Settlement Proposal represents good planning and the proposed Site and Area Specific Policy (“SASP”) is consistent with the Provincial Policy Statement, 2020 (the “PPS”), conforms with the policies of the Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, as amended (the “Growth Plan”), and the City Official Plan (the “Official Plan”), and is generally in keeping with the directions set out in the GMSP, which is under appeal, all of which support mixed-use intensification on sites well served by municipal infrastructure, particularly higher-order public transit.

27The proposed development is consistent with the PPS as it would promote intensification in a settlement area, making efficient use of land and infrastructure, in particular, the Eglinton Crosstown Light Rail Transit (“LRT”) route, which is expected to be completed in late 2022, and providing a variety of purpose-built rental housing options in mid-rise and tall building forms.

28The proposed development conforms with the Growth Plan, 2019, as amended, as it would promote growth and intensification in “strategic growth areas” and in particular, two recently-delineated “protected major transit station areas” in accordance with draft Official Plan Amendment No. 570 (“OPA 570”), supporting the planned Light Rail Transit (“LRT”) and planned investments in active transportation, promoting a diverse range and mix of housing options and land uses in a compact built form, providing for a vibrant public realm that includes a new park and various other open spaces, and contributing to the achievement of complete communities.

29Mr. Dror further opined that the proposed OPA, which would introduce a new SASP, conforms with the policy direction for Apartment Neighbourhoods in the City OP. In this regard, the Settlement Proposal provides for the redevelopment of the Subject Site with exclusively new purpose-built residential uses while replacing the existing 248 rental units and adding small-scale retail at appropriate locations, a new public park, and various privately-owned publicly accessible spaces, all of which is permitted and/or encouraged by the Apartment Neighbourhoods designation. The proposed 27- to 31-storey tower heights appropriately steps down from the 25- to 48-storey heights approved to the south at 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue, while the eight-storey, mid-rise heights are at a scale which is compatible with the planned generally mid-rise character of Craigton Drive.

30The level of intensification on the subject site with residential, retail and open space uses is generally in keeping with the GMSP. In this regard, the proposed development as permitted by the draft SASP will provide for a new public park, a new north- south street, allows for the future realignment of Craigton Drive/Rannock Street with Ashtonbee Road to the north of the Subject Site, provides for mid-rise and tall building forms, and generally achieves the majority of the GMSP’s public realm objectives.

31Mr. Dror opined the proposed height and density provide for an appropriate scale of intensification given the location of the Subject Site in proximity to higher-order transit services and that such additional height and density can be supported by the existing and planned municipal and transportation infrastructure and community service facilities.

32Mr. Dror provided that the OPA, as revised, should be approved.

DOCUMENTS TO BE RELIED UPON

33In preparing his Affidavit, Mr. Dror reviewed the following policy and regulatory documents:

a) PPS (2020);

b) Growth Plan (2019, as amended by Growth Plan Amendment No. 1);

c) City Official Plan (2006, as amended) (March 2022 Consolidation);

d) GMSP (“OPA 499”);

e) Adopted OPA No. 570;

f) City-wide Zoning By-law No. 569-2013;

g) Clairlea Community Zoning By-law No. 8978;

h) City of Toronto’s Tall Building Design Guidelines;

i) Golden Mile Urban Design Guidelines

j) Performance Standards for Mid-Rise buildings (Mid-rise Building Design Guidelines); and,

k) Growing Up: Planning for Children in New Vertical Communities Urban Design Guidelines.

DESCRIPTION OF SUBJECT SITE AND AREA

34The Tribunal heard that:

35The Subject Site is located between Pharmacy Avenue and Victoria Park Avenue, approximately 175 metres north of Eglinton Avenue West.

36The Subject Site is approximately 26,925 square metres in area and comprises eight properties, including 9, 15, 19, 23, 32, and 40 Craigton Drive, 1 Rannock Street and 860 Pharmacy Avenue. The West Properties, including 9, 15, 19, and 23 Craigton Drive, are bounded by Craigton Drive to the north, the north-south segment of Craigton Drive to the east, and lands owned by CP REIT Ontario Properties Limited to the west and south. The East Properties, including 32 and 40 Craigton Drive, 1 Rannock Street and 860 Pharmacy Avenue, are bounded by Rannock Street to the north, the north-south segment of Craigton Drive to the west and south, and Pharmacy Avenue to the east.

37The eight properties that make up the Subject Site are each occupied by one, three-and-a-half storey- apartment building built in the 1950s, with a total of 248 dwelling units, including one bachelor unit, 117 one-bedroom units and 130 two-bedroom units.

38The existing apartment buildings are generally set well back from the street, with the grade generally rising up toward each building. There are a total of seven curb cuts / driveways providing access to the eight properties, and a total of eight surface parking lots along with unprogrammed green spaces. The eight properties and buildings are more specifically described in s. 2.1 of the Planning Rationale.

39The Subject Site is located within the Golden Mile area, which generally extends from Victoria Park Avenue in the west to Birchmount Avenue in the east, as well as generally from Ashtonbee Road in the north to the properties on the south side of Eglinton Avenue East to the south. The Golden Mile area north of Eglinton Avenue includes some limited residential uses such as on the Subject Site, but is generally occupied by retail and office uses in the centre and larger industrial developments to the west.

40To the immediate north of the Subject Site, on the north side of Craigton Drive and Rannock Street, are five “L”-shaped three-and-a-half-storey apartment buildings. A public park known as the Craigton Court Tot Lot is located in between two of the apartment buildings at the turn of Craigton Drive connecting to the hydro corridor to the north, which will form part of the future Meadoway, a 16-kilometre multi-use trail for walking, cycling and other non-motorized uses with potential for new and enhanced public spaces and gathering areas. Further to the north of the hydro corridor is a residential neighbourhood comprised of detached houses and low- to mid-rise apartment buildings.

41To the immediate east of the Subject Site, across Pharmacy Avenue and north of Ashtonbee Road, are two, one-storey buildings (Eglinton Pumping Station and City of Toronto EMS Station 44) with surface parking areas and driveway accesses from Pharmacy Avenue and Ashtonbee Road. Ashtonbee Reservoir Park is located to the east of these buildings, which is a 9.2 hectare park that incorporates the Ashtonbee Reservoir and the adjacent hydro corridor and connects to Wexford Park to the north. The Centennial College Ashtonbee Campus is located to the east of the Ashtonbee Reservoir Park. Low-rise industrial and office uses are located further east on the west and east side of Warden Avenue. Across Pharmacy Avenue and south of Ashtonbee Road is a five-storey Bell Canada Office building and telecommunications tower. A Petro Canada gas station is located at the northeast corner of Pharmacy Avenue and Eglinton Avenue East. Further to the east, are a number of retail plazas and many of them are subject of active OPA and rezoning applications for mixed-use redevelopments.

42To the immediate south of the Subject Site is 1880-1892 Eglinton Avenue East and 1523-1545 Victoria Park Avenue, which is owned by CP REIT Ontario Properties Limited and anchored by a No Frills grocery store and features a variety of retail units and medical offices (the "Choice Property"). The Choice Property is subject to an approved OPA, ZBA and Draft Plan of Subdivision that would permit the redevelopment of the property with 16 new buildings, including 10 new mixed use tall buildings, with heights ranging from 25 to 48 storeys, new public park, community uses, new public streets, including a new north-south street abutting the subject site. On the south side of Eglinton Avenue East is the Eglinton Square Shopping Centre, which is also the subject of an approved OPA and ZBA for a mixed-use development.

43To the immediate west of the Subject Site is the property at 1880-1892 Eglinton Avenue East and 1523-1545 Victoria Park Avenue, which wraps around the west edge of the Subject Site. On the west side of Victoria Park Avenue are five, six- to eight-storey apartment buildings known as the Goldengate Apartments. Jonesville Allotment Gardens is located to the north of these apartment buildings.

44The Subject Site has excellent access to transit services, with several existing surface transit routes in the surrounding area, including 67 Pharmacy, 24 Victoria Park, 70 O’Connor and 34 Eglinton East bus routes.

45The Subject Site is also located within a short walking distance of two planned stations of the Eglinton Crosstown LRT, which is expected to be completed in 2023. Specifically, the Subject Site is located approximately 175 m from Pharmacy Station and 275 m from O’Connor Station.

POLICY AND REGULATORY CONTEXT

Provincial Policy Statement, 2020

46Mr. Dror opined the proposed development, as reflected in the Settlement Proposal, is consistent with the PPS, in particular, the policies relating to intensification, efficient use of land and infrastructure and provision of housing options.

47Mr. Dror provided the relevant policy directions to the proposed development:

• Policy 1.1.1(a), promotes efficient development and land use patterns; Policy 1.1.1 (b), which directs the accommodation of an appropriate range and mix of residential types and other uses; and Policy 1.1.1(e), which promotes the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs.

• Policy 1.1.3.2, supports densities and a mix of land uses which efficiently use land, resources, infrastructure and public service facilities and which are transit supportive, where transit is planned, exists or may be developed.

• Policy 1.1.3.3, directs planning authorities to identify appropriate locations and promote opportunities for transit-supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment, where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities.

• Policy 1.1.3.4, promotes appropriate development standards, which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety.

• Policy 1.2.6, directs that major facilities and sensitive land uses shall be planned and developed to avoid or if not possible minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures.

• Policy 1.4.3, requires provision to be made for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents by, among other matters, permitting and facilitating all types of residential intensification and redevelopment, promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities and support the use of active transportation and transit, requiring transit-supportive development and prioritizing intensification in proximity to transit, including corridors and stations.

• Policy 1.5.1, supports healthy, active communities by promoting the planning of safe public streets and spaces as well as the planning and provision for a full range and equitable distribution of publicly accessible built and natural settings for recreation, including, among other things, parklands, open space areas and linkages.

• Policy 1.6.3, states that the use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities.

• Policy 1.6.7.4, promotes a land use pattern, density and mix of uses that minimize the length and number of vehicle trips and support current and future use of transit and active transportation.

• Policy 1.7.1, states that long-term prosperity will be supported by optimizing the use of land, resources, infrastructure and public service facilities.

• Policy 1.8.1, directs planning authorities to support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions and preparing for the impacts of a changing climate through land use and development patterns which, among other things, promote compact form, promote the use of active transportation and transit, and encourage transit-supportive development and intensification.

48Mr. Dror opined that the Subject Site is an appropriate location for residential and mixed-use intensification consistent with the direction of the PPS. The location of the Subject Site is within a short walking distance of existing transit services including various surface routes and two LRT stations opening in 2023, supports a range of transit and active transportation options with a transit-oriented design, supports the viability of the transit services and represents efficient use of infrastructure and planned public service facilities.

49The proposed development will increase the supply and range of housing options by planning to develop the site at higher densities exclusively as new rental housing and maintaining a significant number of affordable units, and provide for new parkland, POPS, open spaces, as well as retail and non-residential uses.

Growth Plan for the Greater Golden Horseshoe, 2019, as amended (“Growth Plan”)

50Mr. Dror opined that the proposed development, as reflected in the Settlement Proposal, conforms with the Growth Plan for the Greater Golden Horseshoe, 2019, as amended by Growth Plan Amendment No. 1 (the “Growth Plan”) as required by s. 3(5) of the Act, particularly the policies encouraging growth and intensification in “strategic growth areas” and “major transit station areas”, supporting transit service and active transportation, promoting a diverse range and mix of housing options and land uses in a compact built form, providing for a vibrant public realm, and contributing to the achievement of complete communities.

51Mr. Dror provided the relevant policy directions to the proposed development:

• Policy 2.2.1(2)(c), provides that, within settlement areas, growth will be focused in delineated built-up areas, strategic growth areas, locations with existing or planned transit (with a priority on higher order transit where it exists or is planned), and areas with existing or planned public service facilities.

• Policy 2.2.1(3)(c) directs municipalities to undertake integrated planning to manage forecasted growth to the horizon of this Plan, which will, among other things, provide direction for an urban form that will optimize infrastructure, particularly along transit and transportation corridors, to support the achievement of complete communities through a more compact built form.

• Policy 2.2.1(4), states that applying the policies of the Growth Plan will support the achievement of complete communities that, among other things, feature a diverse mix of land uses including residential and employment uses, provide a diverse range and mix of housing options, expand convenient access to a range of transportation options, provide for a more compact built form and a vibrant public realm, mitigate and adapt to climate change impacts, and contribute to environmental sustainability.

• Policy 2.2.2(3) requires that municipalities develop a strategy to achieve the minimum intensification target and intensification throughout delineated built-up areas.

• Policy 2.2.4(1) requires that “priority transit corridors” shown on Schedule 5 will be identified in official plans and that planning will be prioritized for “major transit station areas” on “priority transit corridors”, including “zoning in a manner that implements the policies of this Plan”. In this regard, Schedule 5 identifies the Eglinton Crosstown LRT as a “priority transit corridor”.

• Policy 2.2.4(2) requires the City to delineate the boundaries of “major transit station areas” on “priority transit corridors” or subway lines “in a transit supportive manner that maximizes the size of the area and the number of potential transit users that are within walking distance of the station”.

• Policy 2.2.4(3)(b) requires that “major transit station areas” on light rail transit lines be planned for a minimum density target of 160 residents and jobs combined per hectare.

• Policy 2.2.4(6), states that, within “major transit station areas” on “priority transit corridors” or on subway lines, land uses and built form that would adversely affect the achievement of the minimum density targets will be prohibited.

• Policy 2.2.4(9), provides that, within all “major transit station areas”, development will be supported, where appropriate, by planning for a diverse mix of uses to support existing and planned transit service levels; providing alternative development standards, such as reduced parking standards; and prohibiting land uses and built form that would adversely affect the achievement of transit-supportive densities.

• Policy 2.2.4(10) provides that lands adjacent to or near to existing and planned “frequent transit” should be planned to be transit-supportive and supportive of active transportation and a range and mix of uses and activities.

• Policy 2.2.6(1) requires municipalities to support housing choice through, among other matters, the achievement of the minimum intensification and density targets in the Growth Plan by identifying a diverse range and mix of housing options and densities to meet projected needs of current and future residents, including establishing targets for affordable ownership and rental housing.

• Policy 2.2.6(2), states that, notwithstanding Policy 1.4.1 of the PPS, in implementing Policy 2.2.6(1), municipalities will support the achievement of complete communities by planning to accommodate forecasted growth; planning to achieve the minimum intensification and density targets; considering the range and mix of housing options and densities of the existing housing stock; and planning to diversify the overall housing stock across the municipality.

• Policies 3.2.3(1) and 3.2.3(2), state that public transit will be the first priority for transportation infrastructure planning and major transportation investments, and that decisions on transit planning and investment will be made according to a number of criteria including prioritizing areas with existing or planned higher residential or employment densities to optimize return on investment and the efficiency and viability of existing and planned transit service levels, and increasing the capacity of existing transit systems to support strategic growth areas.

• Policy 5.2.5(6) addresses targets and states that, in planning to achieve the minimum intensification and density targets in this Plan, municipalities are to develop and implement urban design and site design official plan policies and other supporting documents that direct the development of a high-quality public realm and compact built form.

52The Subject Site is located within a “strategic growth area” being the "major transit station areas" as delineated by the City through the two Protected Major Transit Station Areas (“PMTSAs”) for two future stations on the Eglinton Crosstown LRT, O’Connor Station (“SASP 665”) and Pharmacy (Eglinton) Station (“SASP 666”), both of which are planned for a minimum population and employment target of 200 residents and jobs combined per hectare (see Paragraphs 87 to 89 below). The Subject Site is also adjacent to “frequent transit” services on Pharmacy Avenue, Eglinton Avenue East and Victoria Park Avenue.

53Mr. Dror opined that the Subject Site is an appropriate location for accommodating residential and mixed-use intensification. The proposed development with increased residential density will support future transit ridership on the Eglinton Crosstown LRT in accordance with the direction of the Growth Plan to support the viability of transit services and will contribute to the creation of complete communities by providing new housing choices, retail, as well as amenity and open spaces as contemplated in the GMSP.

City Official Plan

54Mr. Dror opined that the proposed development, as reflected in the Settlement Proposal, conforms with the City Official Plan, in particular with the applicable policies related to growth management, Apartment Neighbourhoods designation, public realm and built form.

55Chapter 2 of the City Official Plan contains policies related to growth management, including the following that are of relevance to the proposed development:

• Policy 2.3.1(2) provides that Apartment Neighbourhoods are residential areas with taller buildings and higher density than Neighbourhoods and are considered to be physically stable.

• Policy 2.3.1(10) provides that small-scale commercial, community and institutional uses are encouraged at grade in apartment buildings and on apartment building properties on major streets shown on Map 3 in Neighbourhoods, and in Apartment Neighbourhoods, to better serve area residents, particularly in areas where residents do not have convenient walking access to a wide range of goods, services and community facilities.

• Policy 2.4(4) directs that planning for new development in targeted growth areas be undertaken in the context of reducing auto dependency and provides that the transportation demands and impacts of such new development will be assessed in terms of the broader social and environmental objectives of the Plan’s re urbanization strategy.

• Policy 2.4(7) further provides that, for sites in areas well served by transit (such as locations around rapid transit stations), consideration will be given to establishing minimum density requirements (in addition to maximum density limits), establishing minimum and maximum parking requirements, and limiting surface parking as a nonancillary use.

56The Subject Site is located adjacent to Eglinton Avenue East and Victoria Park Avenue, which are identified as Transit Priority Segment Expansion Elements on Map 5 - Surface Transit Priority Network. Eglinton Avenue East is also identified as a Transit Corridor Expansion Element on Map 4 - Higher Order Transit Corridors.

57Sections 3.1.1, 3.1.3 and 3.1.4 of the City Official Plan contains policies related to public realm, built form and urban design, which were largely amended by OPAs 479 and 480 that were approved by the Province on September 11, 2020, after the submission of the original Application.

58Mr. Dror opined that the proposed development conforms with the public realm and built form policies of the Official Plan, both as they applied at the time of submission and as since amended by OPAs 479 and OPA 480.

59Policy 3.2.1 of the Official Plan contains policies related to housing, including the following that are of relevance to the proposed development:

• Policy 3.2.1(1) supports a full range of housing in terms of form, tenure and affordability, across the City and within neighbourhoods, to meet the current and future needs of residents.

• Policy 3.2.1(2) provides that new housing supply will be encouraged through intensification and infill that is consistent with the City Official Plan.

• Policy 3.2.1(3) provides that investment in new rental housing, particularly affordable rental housing, will be encouraged by a co-ordinated effort from all levels of government through implementation of a range of strategies, including effective taxation, regulatory, administrative policies and incentives.

• Policy 3.2.1(5) provides requirements for the intensification of existing rental sites, and Policy 3.2.1(6), provides requirements regarding the demolition of existing rental housing.

60Mr. Dror provided that the Settlement Proposal will introduce approximately 1,635 (specific number of units to be determined through the ZBA) new purpose-built rental apartment units to the Golden Mile area, including 248 rental replacement units, which are proposed to be replaced with at least the same number, size and type of rental housing units, and maintained with rents similar to those in effect at the time the redevelopment application is made.

61Mr. Dror opined, that the proposed development conforms with the housing policies set out in the Official Plan.

62The Subject Site is designated Apartment Neighbourhoods on Map 18 - Land Use. Apartment Neighbourhoods are made up of apartment buildings and parks, local institutions, cultural and recreational facilities, and small-scale retail, service and office uses that serve the needs of area residents.

63Policy 4.2(2), of the City Official Plan sets out the development criteria for development in Apartment Neighbourhoods, which includes contributing to the quality of life by, among others:

• locating and massing new buildings to provide a transition between areas of different development intensity and scale, as necessary to achieve the objectives of the City Official Plan, through means such as providing setbacks from, and/or a stepping down of heights towards, lower-scale Neighbourhoods;

• locating and massing new buildings so as to adequately limit shadow impacts on properties in adjacent lower-scale Neighbourhoods, particularly, during the spring and fall equinoxes;

• locating and massing new buildings to frame the edge of streets and parks with good proportion and maintain sunlight and comfortable wind conditions for pedestrians on adjacent streets, parks and open spaces;

• including sufficient off-street motor vehicle and bicycle parking for residents and visitors;

• locating and screening service areas, ramps and garbage storage to minimize the impact on adjacent streets and residences;

• providing indoor and outdoor recreation space for building residents in every significant multi-unit residential development;

• providing ground floor uses that enhance the safety, amenity and animation of adjacent streets and open spaces; and,

• providing buildings that conform to the principles of universal design, and wherever possible contain units that are accessible or adaptable for persons with physical disabilities.

Site and Area Specific Policy 109 (“SASP 109”)

64The West Block of the Subject Site was previously subject to Site and Area Specific Policy 109 (“SASP 109”) of the OP, which was discussed in the Planning Rationale. It shall be noted that SASP 109 was deleted by a portion of OPA 499, which has since been brought into force, and as such, no longer applies.

Golden Mile Secondary Plan (“GMSP”) (OPA 499)

65The City initiated the GMSP Study in March 2016, and adopted the GMSP (OPA 499), as well as the Golden Mile Urban Design Guidelines on October 30, 2020, which together direct the anticipated growth to appropriate locations, identify public realm and built form directions, and plan for community services and facilities necessary to meet the existing and future needs of the Golden Mile area.

66The GMSP has been appealed to the Tribunal by a number of landowners, including the Applicant, and has not come into full force and effect.

67Mr. Dror opined that the proposed development, as reflected in the Settlement Proposal, is generally in keeping with the intent and objectives of the proposed GMSP as adopted by Council in 2020.

68The Settlement Proposal includes a new public park that will form part of the future West Park. A number of POPS and public arts locations are also included in the Settlement Proposal.

69The Settlement Proposal provides two design options, one assuming the future realignment of Craigton Drive through the northwest corner of the East Block and one assuming that the boundary of the East Block remains as is.

70The Settlement Proposal includes a new north-south public street with a ROW of 23 metres and a 1.5 metre road widening along the existing east-west segment of Craigton Drive and reconfigured Craigton Drive/Rannock Street.

71The Settlement Proposal includes a 5.0-metre building setback from the easterly limit of the proposed new public park and a 3.0-metre building setback from all street frontages.

72The proposed mid-rise buildings and tall building base buildings in the Settlement Proposal are located under 80% front angular planes from street lines, which conforms to the required angular plane identified in Policy 7.25.

73The Settlement Proposal also achieves the intent of Policies 7.46 and 7.47 with respect to shadow impact by allowing for a minimum of five consecutive hours of sunlight between 10:18 a.m. and 4:18 p.m. on March 21st and September 21st on 100 percent of existing parks and open space areas, including Craigton Court Tot Lot, and on 75 percent of the proposed West Park.

74With respect to the Bell Canada facility to the east of the Subject Site, air quality and noise studies will be prepared by the Applicant's consultants as part of the rezoning process for the Subject Site, in accordance with Policy 4.9 of the GMSP. These studies and any recommended mitigation measures will be discussed with Bell's consultants and peer reviewed by the City.

75Mr. Dror provided that while the Settlement Proposal meets the overall intent of the GMSP, it deviates from some of the specific policies, including the policies with respect to height and density. Specifically, the proposed height is 31 storeys for Buildings A and B, and 27 storeys for Building D while the maximum permitted height in the West Park and Meadoway Transition Area is 25 storeys in accordance with Policies 7.30 and 7.38.

76Furthermore, the base building of Building A is six storeys while the maximum permitted base building height is four storeys for the Subject Site, in accordance with Policy 7.34. Further, the proposed density is 4.63 FSI and 3.87 FSI excluding rental replacement GFA while the maximum permitted density for the Subject Site is 2.5 FSI.

77Mr. Dror opined that the proposed height and density are appropriate scale of intensification given the location of the Subject Site in proximity to higher-order transit services and that such additional height and density can be supported by the existing and planned municipal and transportation infrastructure and community service facilities. In addition, the proposed development has met the other objectives of the GMSP with respect to built form and public realm.

Official Plan Amendment No. 570 (“OPA 570”)

78The Tribunal heard in June 2020, the City Planning Division initiated a Growth Plan Conformity exercise and Municipal Comprehensive Review, which includes the delineation of approximately 180 potential Major Transit Station Areas to meet Provincial minimum intensification requirements. A subset of Major Transit Station Areas would be identified as PMTSAs, where the Council-approved inclusionary zoning policy framework can be implemented.

79Draft OPA 570 was brought forward for consideration by Planning and Housing Committee on March 25, 2022, which introduces Site and Area Specific Policies for 57 PMTSAs. The accompanying staff report dated March 4, 2022, recommended that City Planning be authorized to use the draft OPA as the basis for consultation and to bring forward a final report by July 5, 2022. On July 19, 2022, the City adopted OPA 570.

80The Subject Site is located within the adopted PMTSA boundaries for O’Connor Station (SASP 665) and Pharmacy (Eglinton) Station (SASP 666) in OPA 570, both of which are planned for a minimum population and employment target of 200 residents and jobs combined per hectare and has set a minimum required density of 1.5 FSI for the Subject Site.

Zoning By-laws

81The Tribunal heard that the City-wide Zoning By-law No. 569-2013 was enacted by Council on May 9, 2013; however, it was subject to numerous appeals to the Tribunal, formerly the Ontario Municipal Board (“OMB”). The City-wide Zoning By-law has now been substantially approved by the Tribunal and is in force, except for those provisions that remain under appeal. With respect to such provisions, Clairlea Community Zoning By-law No. 8978, as amended, remains in force.

82The Subject Site is zoned Residential Apartment Zone (“RA Zone”) (au99.0) (x474) in Zoning By-law No. 569- 2013. The RA Zone permits dwelling units in an apartment building and a number of institutional uses, as well as additional uses with conditions, including community centre, day nursery, group home, nursing home and retail store. The RA Zone permits a maximum height of 24.0 metres and a maximum lot coverage of 33 percent.

83The Subject Site is zoned RA Zone (A-8-22-25-44-64-83) in By-law No. 8978. The RA Zone permits apartment buildings, day nurseries, group homes, multiple-family dwellings, as well as private home day cares as ancillary uses.

Urban Design Guidelines

84The Tribunal heard that on May 7, 2013, City Council adopted the City-wide Tall Building Design Guidelines (March 2013), which update and replace the Design Criteria for the Review of Tall Building Proposals (2006) and consolidate the Downtown Tall Building Guidelines, which were originally adopted by Council in July 2012.

85The Tall Building Design Guidelines include sections related to site context, site organization, tall building massing and pedestrian realm. Among other matters, the Tall Building Design Guidelines recommend that tower floor plates be limited to 750 square metres and that tall building towers be set back 12.5 m from side and rear property lines and provide a separation distance of 25 m between towers on the same site.

86Mr. Dror opined that the proposed development, as reflected in the Settlement Proposal, has appropriate regard for the Tall Building Design Guidelines with respect to tower separation, setback and floor plate size.

87In 2010, City Council adopted Mid-Rise Building Performance Standards and subsequently, an Addendum to these Standards in 2016, which are to be used together during the evaluation of mid-rise development applications in locations where the Performance Standards are applicable.

88Mr. Dror opined that the proposed development, as reflected in the Settlement Proposal, has appropriate regard for the Mid-Rise Building Performance Standards and Addendum with respect to base building height, setback, stepback and angular plane.

89On July 28, 2020, City Council adopted Growing Up: Planning for Children in New Vertical Communities (“Growing Up Guidelines”) urban design guidelines to provide for a better integration of family supportive design into the planning of new multi-unit residential developments. The Guidelines are organized at three scales, based on the recognition that each scale contributes positively to how a family experiences living in a vertical community.

90Mr. Dror opined that the proposed development, as reflected in the Settlement Proposal, has appropriate regard for the Growing Up Guidelines with respect to unit mix and size.

91On October 30, 2020, City Council adopted the Golden Mile Urban Design Guidelines along with the GMSP (Official Plan Amendment No. 499), which establishes a comprehensive vision and planning framework for a connected, accessible, diverse, complete and livable community in the Golden Mile area and support the GMSP by providing greater guidance on the implementation of the policy directions.

92Mr. Dror opined that the proposed development, as reflected in the Settlement Proposal, has appropriate regard for the Golden Mile Urban Design Guidelines with respect to public realm and built form.

CONCLUSIONS

93Mr. Dror provided the opinion that the proposed development, as reflected in the Settlement Proposal, represents good planning and urban design and that the proposed OPA is consistent with the PPS (2020) and conforms with the Growth Plan (2019) and the City Official Plan.

94The Settlement Proposal will appropriately intensify an underutilized site with a residential/mixed-use development within the Golden Mile area, in proximity to existing transit services and planned higher-order transit. The proposal will create new housing, replace existing rental units, provide new retail uses and add a new park, new street and several POPS in an area intended for intensification. This is in keeping with the applicable Apartment Neighbourhoods designation in the OP and in the proposed GMSP.

95The proposed development will result in additional housing supply. It will create 1,635 residential units (exact number to be determined through the ZBA), of which 248 will replace the existing rental units on the Subject Site, while introducing 1,131 square metres of new retail/commercial space, a new public park that is 3,432 square metres in size and a total of 3,312 square metres of POPS. In my opinion, the proposed development will contribute to the achievement of a complete community within the existing and planned context of the area. The proposed development represents incremental growth on a site within an established but growing area, within a neighbourhood that has a range of jobs, stores, housing types, transportation options and public service facilities.

96The proposed range of uses – both market and rental replacement residential, retail and open space – will contribute to a mix of uses on a site where such a mix is permitted and encouraged by the applicable land use designations. The proposed development will reinforce the existing and planned scale of the abutting streets and public realm through the proposed building setbacks of at least 3.0 m from all street frontages and 5.0 m from the proposed public park, as well as appropriate tower stepbacks of generally 5.0 m above the base buildings.

97The proposed development will address any potential land use compatibility measures related to the Bell Canada facility to the east through the studies that will be prepared by the Applicant's consultants for the future rezoning and Draft Plan of Subdivision process.

98Mr. Dror further opined that the proposed development, as reflected in the Settlement Proposal, will achieve an appropriate balance in implementing the full range of planning policies articulated above.

99Mr. Dror recommended that the requested OPA be approved.

FINDINGS

100The Tribunal accepts the uncontroverted evidence of Mr. Dror in support of the settlement.

101The Tribunal finds that the Settlement Proposal is consistent with the PPS, conforms with the policies of the Growth Plan, and the City Official Plan.

ORDER

102THE TRIBUNAL ORDERS that the Official Plan Amendment Appeal and the Zoning By-law 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.

103The Tribunal authorizes the municipal clerk to format the by-law in Attachment “1", as may be necessary, for record keeping purposes.

“Carmine Tucci”

CARMINE TUCCI

MEMBER

Ontario Land Tribunal

Website: www.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 and Order issued on [DATE] in Tribunal File No. OLT-22-002373

CITY OF TORONTO

BY-LAW XXX-2022(OLT)

To approve Amendment 638 to the Official Plan for the City of Toronto with respect to the lands municipally known in the year 2021 as 9, 15, 19, 23, 32, and 40 Craigton Drive, 1 Rannock Street and 860 Pharmacy Avenue.

Whereas the Owner of the lands known municipally in the year 2021 as 9, 15, 19, 23, 32, and 40 Craigton Drive, 1 Rannock Street and 860 Pharmacy Avenue appealed a proposed official plan amendment to the Ontario Land Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Decision and Order issued on [date] in File OLT-22-002373 approved amendments to the Official Plan for the City of Toronto with respect to the lands;

The Ontario Land Tribunal Orders:

1. The attached Amendment 638 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Ontario Land Tribunal Decision and Order issued on [DATE] in Tribunal File OLT-22-002373.

AMENDMENT 638 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS 9, 15, 19, 23, 32, AND 40 CRAIGTON DRIVE, 1 RANNOCK STREET AND 860 PHARMACY AVENUE

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

1. Chapter 7, Site and Area Specific Policies, is amended by adding the following policy and associated maps:

"820. 9, 15, 19, 23, 32, and 40 Craigton Drive, 1 Rannock Street and 860 Pharmacy Avenue

A. INTERPRETATION

1. Site and Area Specific Policy No. 820 is intended to be read with the policies of the Official Plan and any Secondary Plan applicable to the Site, except where provided otherwise. In case of conflict, the policies of SASP No. 820 will prevail.

B. LAND USE AND DENSITY

1. The land use policies and development criteria for land use found in Chapter 4 of the Official Plan will apply.

2. The permitted maximum gross floor area on the Site will not exceed 124,602 square metres, inclusive of the gross floor area for any required rental housing replacement, and residential uses on the Site will be developed exclusively as rental housing.

3. Despite B. 2), if residential uses on the Site are not developed exclusively as rental housing, the maximum gross floor area on the Site will not exceed 67,312 square metres, excluding the gross floor area for any required rental housing replacement of the 248 existing rental housing units on the Site.

C. TRANSPORTATION NETWORK

1. The planned street network is identified on Map 1, and will be comprised of the following:

(i) Public Street A will have a minimum right-of-way width of 23 metres extending south from the east-west segment of Craigton Drive; and

(ii) A 1.5-metre right-of-way widening will be required along the east-west segment of Craigton Drive to contribute to the achievement of a minimum right-of-way width of 23.0 metres.

2. The lands required for the potential reconfiguration and alignment of Rannock Street connecting to Ashtonbee Road will be protected ("Protected Area"). No above or below grade encumbrances, except as related to any Privately Owned Publicly-Accessible Space, shall be permitted in the Protected Area. A Privately Owned Publicly-Accessible Space will be provided on the Protected Area until such time as the lands may be required by the City for the Rannock Street reconfiguration and alignment, as determined through the Municipal Class Environmental Assessment.

3. The exact location, alignment and design of public streets will be refined through the development approval process for the Site, which will be informed by any completed Municipal Class Environmental Assessment.

4. Mid-block pedestrian connections are pedestrian connections with or without vehicular access through an individual block connecting the streets, or parks adjacent to the block. Safe, generously-scaled and comfortable midblock pedestrian connections on individual blocks extend the mobility network and may be provided at potential locations as generally identified on Map 1.

5. Cycling infrastructure and facilities will be planned and provided through Site development with bicycle parking along cycling routes and bike-share facilities. Bicycle boxes and/or other infrastructure designs will be provided at cycling interchanges to secure safer turning movements for cyclists.

6. Shared Mobility Hubs are defined as single service points for bike-share, ride-share and/or car-share facilities at locations as may be determined and will be integrated in development or accessible on adjacent blocks, where appropriate.

D. PARKLAND

1. New public parkland will be required to support and meet the needs of residents and employees of the Site and broader community. There will be one public park on the Site with a minimum size of 3,432 square metres having generous street frontage on both Public Street A and Craigton Drive, generally provided in the location identified as Block A1 “Public Park” on Map 1.

E. PUBLIC REALM

1. Privately Owned Publicly-Accessible Spaces ("POPS") will be provided generally in accordance with Map 1.

2. Public Art will be provided, generally in some or all locations identified on Map 1 and will be secured, at the owner's expense, as part of a Zoning By-law Amendment and/or Site Plan Control application process.

F. BUILT FORM

1. A maximum of four tall buildings may be permitted on the Site, and the maximum tall building heights will be distributed as identified on Map 2.

2. Mid-rise buildings with maximum heights of 8 storeys may be permitted generally in the Mid-Rise Building Zones as identified on Map 2.

3. Development will provide minimum building setbacks from streets and public parks as follows:

(i) A minimum of 3 metres from all public streets; and

(ii) A minimum of 5 metres from all public parks.

4. Minimum and maximum base building heights will be provided as identified on Map 2.

5. Development of tall buildings will:

(i) Ensure that tall buildings on the Site will be predominantly designed with a minimum 5-metre tower stepback from the base building for a minimum of 2/3 of each tower frontage facing public streets and public parks, and will be organized to provide variation in tower placement and stepbacks along public streets and public parks to create and support interesting streetscapes, views, and vistas;

(ii) Maintain floor plate sizes that will not exceed 750 square metres for residential tall buildings and the residential portion of mixed use tall buildings;

(iii) Provide a minimum separation distance of 25 metres between the main walls of the tower portions of the tall buildings.

6. Development on the Site will achieve a minimum of 5 consecutive hours of sunlight between 9:18 a.m. to 4:18 p.m. on 100 per cent of the existing parks and open space areas on March 21st and September 21st, including The Meadoway, Craigton Court Tot Lot and the functional recreation area of Ashtonbee Reservoir Park.

7. Development on the Site will achieve a minimum of 5 consecutive hours of sunlight between 9:18 a.m. to 4:18 p.m. on a minimum 75 per cent of park area for the new park generally provided in the location identified as “Public Park” on Map 1 on March 21^st and September 21^st.

Context Plan

8. Development of the Site will be consistent with the Context Plan for the Site. An updated Context Plan will be submitted concurrently with the Draft Plan of Subdivision and any Zoning By-law Amendment application(s) for the Site and is intended to be endorsed concurrently with any such approval(s).

G. HOUSING

1. To achieve a balanced mix of unit types, and to support the creation of housing suitable for families, development containing more than 80 new residential units will include larger units, as follows:

(i) A minimum of 10 per cent of the total number of the new residential units will be 3-bedroom units; and

(ii) An additional minimum of 25 per cent of the total number of the new residential units will have at least 2-bedrooms.

H. IMPLEMENTATION

Draft Plan of Subdivision

1. Prior to any development proceeding for all or any part of the Site, a Draft Plan of Subdivision will be required to be approved for the entirety of the Site subject of this SASP.

2. A Subdivision Agreement will be entered into and registered on the entirety of the Site to implement the structure plan contained in this Site and Area Specific Policy, and other related matters. The Draft Plan of Subdivision may be registered in phases, where determined appropriate.

3. The phasing of development and required infrastructure for the Site, including the provision of all new public streets, municipal services, transportation infrastructure, including off-site cycling network improvements, streetscape along Pharmacy Avenue and Craigton Drive and parkland, will be addressed and secured through a Draft Plan of Subdivision and/or Zoning By-law Amendment.

4. The implementation of the street network on the Site will occur incrementally over time.

5. The phasing of the transportation system for the Site, including related improvements and infrastructure, will occur in an integrated manner and be secured in a Subdivision Agreement, and such Subdivision Agreement may provide for phasing of the transportation system over time.

6. Any development shall coordinate and implement any required infrastructure upgrades and/or improvements with the City, and other landowners (where appropriate), including the provision of new and improved municipal infrastructure, and new and improved transportation (streets, transit, cycling, pedestrian) infrastructure where required to support development. This may also include cost-sharing agreements between landowners, where appropriate.

7. In accordance with subsection 51(18) of the Planning Act, the City may require that:

(i) A Municipal Class Environmental Assessment Study, or such study satisfactory to the City, being a Transit Corridor Study, for Victoria Park Avenue and/or Warden Avenue, has commenced; and

(ii) A Municipal Class Environmental Assessment Study including the street network on the Site has commenced.

These above-noted studies may be conducted and funded by the City and/or jointly with the owner of the Site, and/or other landowners. Should the owner of the Site proceed in advance of the commencement of the Transit Corridor Study identified in I. 7) i), funding will be provided by the owner of the Site and secured in a manner satisfactory to the City in support of such study. For greater certainty, commencement does not mean the Municipal Class Environmental Assessment Studies, where applicable, has been completed.

Zoning By-law Amendment(s)

8. Zoning By-law Amendment(s) will include provisions dedicated to community services and facilities, where required, for the Site.

9. Development will be sequenced to ensure appropriate transportation infrastructure, municipal servicing infrastructure and community services and facilities, including parkland, are available to accommodate proposed development on the Site.

10. In addition to the plans/drawings and studies/reports required for the submission of a complete application for development as identified in Policy 5.5.2 and Schedule 3 of the Official Plan, the following are required for any Zoning By-law Amendment application:

(i) A Context Plan for the Site which addresses the phasing of the development blocks and Parks shown on Map 1, the layout and design of existing and proposed public realm elements, built form elements and their impact, and relationship with the existing and potential future development in the areas adjacent to the Context Plan area for endorsement by City Council as an Implementation Plan for the Site under Policy 5.3.2.1. of the Official Plan; and

(ii) A Multi-Modal Transportation Impact Study (MMTIS), which will identify the demands and impacts of development and include a Travel Demand Management (TDM) strategy and/or other mitigating measures to accommodate travel generated by the development. The MMTIS will include reporting on monitoring outcomes of earlier phases on transit, cycling, pedestrian, and vehicular traffic patterns, and any recommended refinements to TDM strategies and transportation system. The MMTIS must demonstrate prior to the approval of any Zoning By-law Amendment, that there will be sufficient transportation capacity available to accommodate additional site generated trips for all modes of travel or measures that can be undertaken to accommodate the additional trips through TDM strategies or off- site infrastructure improvements, including the potential for higher order transit along Victoria Park Avenue or Warden Avenue.

11. Where transportation improvements and/or new transportation infrastructure are identified as part of the MMTIS, the Zoning By-law Amendment(s) may include a holding provision for all or part of the Site until those matters are implemented in a manner satisfactory to the City or such arrangements are secured in a manner satisfactory to the City to permit development to proceed concurrent with the identified transportation improvements and/or new transportation infrastructure.

ATTACHMENTS

Map 1: Structure, Public Realm and Street Network

Map 2: Built Form"

2. Chapter 7, Map 31, Site and Area Specific Policies is amended by adding the lands municipally known in 2021 as 9, 15, 19, 23, 32, and 40 Craigton Drive, 1 Rannock Street and 860 Pharmacy Avenue, as shown on the map above as Site and Area Specific Policy 820.