Toronto (Bayview Car Wash) LP v. Toronto (City), 2024 CanLII 43224

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 06, 2024

CASE NO(S).: OLT-23-000996

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

Applicant/Appellant: Toronto (Bayview Car Wash) LP

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of a 46-storey mixed use building with retail at ground level and 419 residential units

Reference Number: 23 163199 NNY 15 OZ

Property Address: 1802 Bayview Avenue

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-23-000996

OLT Lead Case No: OLT-23-000996

OLT Case Name: Toronto (Bayview Car Wash) LP v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.

Applicant/Appellant: Toronto (Bayview Car Wash) LP

Subject: City of Toronto Site Plan Approval

Description: To permit the development of a 46-storey mixed use building with retail at ground level and 419 residential units

Reference Number: 23 163207 NNY 15 SA

Property Address: 1802 Bayview Avenue

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-23-000997

OLT Lead Case No: OLT-23-000996

Heard: April 18, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

Toronto (Bayview Car Wash) LP

D. Angelucci M. Foderick, (in absentia)

City of Toronto

M. LaFortune J. Braun, (in absentia)

Broadway Area Residents Association

M. Kemerer

Metro Ontario Real Estate Limited

C. Harris

MEMORANDUM OF ORAL DECISION DELIVERED BY S.L. DIONNE ON APRIL 18, 2024 AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1Toronto (Bayview Car Wash) LP appealed the neglect of the Council of the City of Toronto (“City”) to make decisions within the prescribed timeframes in respect of it’s applications for an amendment to the Zoning By-law (“ZBA”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c.P.13, as amended, and a site plan approval pursuant to s. 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A, (collectively, the “Appeals”). This Decision arises from the second Case Management Conference (“CMC”) held to prepare for a hearing on the merits of the Appeals.

2The Subject Property is municipally known as 1802 Bayview Avenue in the City of Toronto. A re-development comprised of a 46-storey mixed-use building consisting of 419 residential units and retail space at ground level is proposed for the Subject Property.

3At the first CMC, it was confirmed that proper notice had been provided, and status was granted to two Parties, Broadway Area Residents Association (“BARA”) and Metro Ontario Real Estate Limited (“Metro”), and to six Participants. A second CMC was scheduled to allow time for Counsel for the City to obtain instructions from City Council on the Appeals, for the Parties to prepare a list of their issues to be adjudicated by the Tribunal, and for the Parties to give consideration to the experts that each intends to call for a Hearing on the merits of the Appeals.

THE SECOND CMC

4At the start of this second CMC, an update to the Tribunal was provided by Counsel for Toronto (Bayview Car Wash) LP that it is their intention to file an appeal of their application for Official Plan Amendment (“OPA”) affecting the Subject Property and if, and when, this were to occur that they would be seeking to have the OPA appeal consolidated with the matters presently before the Tribunal. The Parties were all aware. The Tribunal noted that, as such an appeal it is not presently before the Tribunal, it cannot be dealt with at this time.

5In advance of this CMC, the Tribunal received a Draft Procedural Order and Issues List (“PO/IL”) from Counsel for Toronto (Bayview Car Wash) LP which had been prepared in contemplation of a request, to be made to the Tribunal at this CMC, for the scheduling of a Hearing in December 2024 of nine (9) to ten (10) days in length, subject to the Tribunal’s availability on the Tribunal calendar.

6An update to the Tribunal was provided by Counsel for the City, advising that a report regarding the appeals has gone to City Council, and on Council’s instructions the City has provided its list of issues which have been incorporated into the Draft PO/IL, and agreed that it would be appropriate to schedule a Hearing as has been suggested.

7After hearing submissions from Counsel for BARA and Metro, both of whom indicated that they would be able to provide their issues in short order, and after canvassing all Parties as to the number of (expert or fact) witnesses that each would anticipate calling to provide evidence in a Hearing, the Tribunal directed that the Parties work together to finalize the list of issues to be adjudicated and for the PO/IL to be revised and filed by no later than April 26, 2024.

NEXT STEPS

8Accordingly, a Hearing on the merits of the Appeals will commence on December 2, 2024, at 10 a.m. by Video Hearing for a period of ten (10) days.

9Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:

GoToMeeting: https://global.gotomeeting.com/join/344779885

Access Code: 344-779-885

10Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.

12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

13The Tribunal inquired as to whether there were any other matters to be addressed which might assist and the Parties indicated that there were none.

14The Tribunal has also received the revised PO/IL, on consent of all Parties, and it has been reviewed, approved and appended to this Decision as Schedule 1.

ORDER

15THE TRIBUNAL ORDERS that:

a. The directions and rulings as are set out above.

b. The Merit Hearing is scheduled to commence on December 2, 2024, at 10 a.m. by Video Hearing for a period of ten (10) days.

c. The Merit Hearing is governed by the Procedural Order appended as Schedule 1.

16There will be no further notice.

17The Member is not seized.

“S.L. Dionne”

S.L. DIONNE

MEMBER

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.

SCHEDULE 1

Procedural Order

CASE NO(S).: OLT-23-000996

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

Applicant/Appellant:

Toronto (Bayview Car Wash) LP

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit the development of a 46-storey mixed use buildings with retail at ground level and 419 residential units

Reference Number:

23 163199 NNY 15 OZ

Property Address:

1802 Bayview Avenue

Municipality/UT:

Toronto/Toronto

OLT Case No.:

OLT-23-000996

OLT Lead Case No:

OLT-23-000996

OLT Case Name:

Toronto (Bayview Car Wash) LP v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11 Sched A.

Applicant/Appellant:

Toronto (Bayview Car Wash) LP

Subject:

City of Toronto Site Plan Approval

Description:

To permit the development of a 46-storey mixed use building with retail at ground level and 419 residential units

Reference Number:

23 163207 NNY 15 SA

Property Address:

1802 Bayview Avenue

Municipality/UT:

Toronto/Toronto

OLT Case No.:

OLT-23-000997

OLT Lead Case No:

OLT-23-000996

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The hearing will begin on December 2, 2024 at 10:00 a.m. by video hearing.

3. The length of the hearing is ten (10) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are found in Attachment 1.

4. The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it. An issue can be removed from the issues list without a formal order of the Tribunal with the consent of all Parties.

6. The order of evidence is set out in Attachment 4. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearings Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or August 2, 2024 and in accordance with Section 23. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before August 16, 2024.

10. Expert witnesses in the same field shall have a meeting on or before August 23, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and the remaining issues to be addressed at the hearing with the Tribunal’s case coordinator on or before September 6, 2024.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in Section 12 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she/they intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other parties at the same as the delivery of expert witness statements, as in Section 13.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in Section 13. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in Section 13.

13. On or before October 4, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the Tribunal’s case coordinator in accordance with Section 23.

14. On or before October 4, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with Section 23. A participant cannot present oral submissions at the hearing on the content of their written statement, unless permitted by the Tribunal.

15. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal to the other parties on or before June 28, 2024. The applicant acknowledges that any revisions to the plans, except those that are very minor, after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

16. On or before October 25, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before November 15, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with Section 23. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. On or before October 18, 2024, parties may provide to all other parties and the Tribunal’s case coordinator a written response to any written evidence in accordance with Section 23.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. The parties shall cooperate to prepare a Joint Document Book which shall be shared with the Tribunal’s case coordinator in accordance with Section 23 on or before November 22, 2024.

21. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 15, 2024, with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the preliminary hearing plan. Any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal or on con sent of parties. The Tribunal may, at its discretion, change or alter the preliminary hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

So orders the Tribunal.

Meaning of Terms Used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information:

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.

ATTACHMENT 1 SUMMARY OF DATES

DATE

EVENT

June 28, 2024

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

August 2, 2024

Exchange of witness lists (names, disciplines and order to be called)

August 16, 2024

Last date to challenge witnesses or qualifications of a witness to give opinion evidence (if any)

August 23, 2024

Experts meeting prior to this date

September 6, 2024

Finalize statement of agreed facts

October 4, 2024

Exchange of witness statements, summoned witness outlines, expert reports and participant statements

October 18, 2024

Exchange of reply witness statements (if any)

October 25, 2024

Parties to confirm with the Tribunal if all the reserved hearing dates are still required

November 15, 2024

Exchange of visual evidence (if any)

November 15, 2024

Hearing plan filed with the Tribunal

November 22, 2024

Finalize joint document book

December 2, 2024 to December 13, 2024

Hearing commences

ATTACHMENT 2 LIST OF PARTIES AND PARTICIPANTS

PARTY NAME

CONTACT AND COUNSEL/AGENT*

City of Toronto

CITY OF TORONTO Legal Services, Planning and Administrative Tribunal Law Section Metro Hall, 55 John Street, 26th Floor Toronto, ON M5V 3C6

Jessica Braun, Solicitor jessica.braun@toronto.ca

Michelle LaFortune, Solicitor michelle.lafortune@toronto.ca

Toronto (Bayview Car Wash) LP

McCARTHY TÉTRAULT LLP Suite 5300, TD Bank Tower Box 48, 66 Wellington Street West Toronto, ON M5K 1E6

Michael Foderick, Partner mfoderick@mccarthy.ca

Daniel Angelucci, Associate dangelucci@mccarthy.ca

Broadway Area Residents Association

McMILLAN LLP Brookfield Place, Suite 4400 181 Bay Street Toronto, ON M5J 2T3

Marc Kemerer, Partner marc.kemerer@mcmillan.ca

Metro Ontario Real Estate Limited

RAYMAN HARRIS LLP 250 The Esplanade, Suite 202 Toronto, ON M5A 1J2

Conner Harris, Partner conner@raymanharris.com

PARTICIPANT NAME

CONTACT

Leaside Residents Association

Geoff Kettel gkettel@gmail.com

South Eglinton Davisville Residents Association

Jeff Latto jeff.latto@sedratoronto.ca

Laurie Sims

laurieto@rogers.com

Lezlie Bain

board@tscc1542.com

Sarah Coombs

scoombs22@yahoo.ca

Mary Lou Wojick

mwojick@sympatico.ca

ATTACHMENT 3 LIST OF ISSUES

Note: The identification of an issue on this Issues List is intended to provide notice to all parties that a party will lead evidence and/or argument on the matter. This identification does not serve as an acknowledgement of relevancy to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

CITY OF TORONTO:

Planning Act

1. Does the proposed development and Zoning By-law Amendment have regard for the purposes of the Planning Act as set out in Section 1.1 of the Planning Act?

2. Does the proposed development and Zoning By-law Amendment have appropriate regard for the matters of provincial interest as set out in subsections 2(f), (h), (n), (p), (q), and (r) of the Planning Act?

Provincial Policy Statement (2020)

3. Are the proposed development and Zoning By-law Amendment consistent with the Provincial Policy Statement (2020) pursuant to Section 3 of the Planning Act, including Policies 1.1.1(g), 1.1.3.3, 1.1.3.4, 1.2.1(a), 1.5, 1.7.1(d) and (e), and 4.6?

A Place to Grow – Growth Plan for the Greater Golden Horseshoe (2020)

4. Does the proposed development and Zoning By-law Amendment conform to and not conflict with A Place to Grow - Growth Plan for the Greater Golden Horseshoe (2020), including Policies 2.2.1.4 (e), 2.2.2.3(b), (d) and (f), 2.2.5.3 and 5.2.5.6?

City of Toronto Official Plan

5. Does the proposed development Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan (“the Official Plan”) with respect to the Mixed Use Areas (4.5), Neighbourhoods (4.1.1), Healthy Neighbourhoods (2.3.1.3, 2.3.1.4,2.3.1.7), the Built Environment (3.1), the Human Environment (3.2.1.1-3.2.1.4, 3.2.2.1,3.2.3), the Natural Environment (3.4.1), Institutional Areas (4.8.4) and Implementation (5), among others?

Yonge-Eglinton Secondary Plan (OPA 405)

6. Does the proposed development and Zoning By-law Amendment conform with the policies of the Yonge-Eglinton Secondary Plan (OPA 405), being Chapter 6, Section 21 of the Official Plan, with respect to the following: Vision Statement (1.1), Goals (1.2), Character Areas (1.3), Area Structure (2), Midtown Transit Station Areas (2.4), Land Use (2.5), Retail Streets (2.6), Parks and Public Realm (3), Mobility (4), Built Form (5), Housing (7), Making it Happen (Implementation) (9), and Interpretation (10), among others?

Site Organization

7. Does the proposed site organization, including the location of the podium and the tower, setbacks, location of non-residential uses and servicing locations serve to create a development that will adequately function as a complete community?

8. Is the Site appropriately organized to minimize impacts within and surrounding the site, including vehicular street access, driveways, ramps, drive aisles, bicycle and vehicle parking, loading, servicing, storage areas, utilities, and related structures?

Public Realm

9. Does the proposed development adequately improve the public realm, particularly as it relates to Bayview Avenue as a Priority Retail Street within the Yonge-Eglinton Secondary Plan?

10. Does the proposed development fit within the broader existing and planned context, in consideration of the future public realm framework?

Built Form

11. Is the Site appropriate for a tall building?

12. Are the built form type, height, density, relative grade, transition, massing, location, placement and scale of the proposed development appropriate, given principles of good planning and urban design, including but not limited to the following: the relationship of the proposed development to the surrounding planned and existing context, transition to adjacent and nearby Neighbourhoods lands that are outside of OPA 405 area, shadow impacts and relationship to the public realm?

13. Does the proposed development establish appropriate relationships at grade, including setbacks, streetwalls, relationship to adjacent developments, and the provision of an appropriate pedestrian realm including contributions to streetscaping, public spaces, and private open spaces?

Guidelines

14. If it is determined that a tall building is appropriate for the site, does the proposed development meet the intent and purpose of the Tall Building Design Guidelines?

15. Does the proposed development meet the intent and purpose of the Growing Up: Planning for Children in New Vertical Communities (2020)?

16. Does the proposed development meet the intent and purpose of the Pet Friendly Design Guidelines and Best Practices for New Multi-Unit Buildings?

Housing

17. Does the proposed development reflect the Official Plan and the Yonge-Eglinton Secondary Plan's goals of providing a full range of housing in terms of form, tenure, and affordability?

Shadow Impact

18. Is the shadow impact of the proposed development on the public realm, streets, and open spaces acceptable?

Wind

19. Does the proposed development limit the impact of pedestrian level wind on the public realm and amenity areas?

Amenity Space

20. Does the proposed development and Zoning By-law Amendment provide sufficient indoor and outdoor amenity space?

Transportation

21. Does the proposed development and Zoning By-law Amendment provide sufficient parking and loading for the development?

Public Interest and Good Planning

22. Are the proposed development and Zoning By-law Amendment good planning and in the public interest?

Site Specific Issues

23. In accordance with provisions for soil volume in Section EC 1.1 of the Toronto Green Standard, does the site provide appropriate configuration of soil in relationship to the adjacent public realm, below-/above-/at- grade utilities, and vehicular facilities including the below-grade parking garage?

24. Does the proposed development provide an appropriate travel demand management strategy that satisfies Official Plan policies 2.4.2, 2.4.3, and 2.4.9?

25. Are the water, wastewater, stormwater, and other essential infrastructure of the site and surrounding areas and other relevant areas, able to accommodate the proposed development?

Order if Approved

26. In the event the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied:

a) the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b) the owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated August 16, 2023, or as may be updated, all to the satisfaction of the Chief Engineer & Executive Director;

c) the owner has satisfactorily addressed Transportation Services matters in the Transportation Services memo dated January 19, 2024, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of the Chief Engineer & Executive Director;

d) the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that matters arising from such Plan be secured, if required;

e) the owner has submitted a revised Pedestrian Wind Study acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning, and that matters arising from such Study be secured, if required;

f) the owner has satisfactorily addressed matters from the Urban Forestry memorandum dated August 3, 2023, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of Urban Forestry; and,

g) the owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning.

BROADWAY AREA RESIDENTS ASSOCIATION:

27. Does the proposed development adequately improve the public realm, particularly as it relates to the streetscape on Bayview Avenue and Roehampton Avenue and to Bayview as a Priority Retail Street within the Yonge-Eglinton Secondary Plan?

BARA reserves the right to adopt issues advanced by other parties.

METRO ONTARIO REAL ESTATE LIMITED:

1. Do the applications represent good planning in the public interest?

2. Do the applications unduly impact the redevelopment potential of Metro’s property?

3. Do the applications negatively impact the existing operations on the Metro property, including continued access for those operations?

4. Do the applications adequately make provision for reasonable access to quality and food service options in the area of planned development?

Metro Ontario Real Estate Limited reserves the right to adopt issues advanced by other parties.

ATTACHMENT 4 ORDER OF EVIDENCE

IN CHIEF:

1. Toronto (Bayview Car Wash) LP

2. City of Toronto

3. Broadway Area Residents Association

4. Metro Ontario Real Estate Limited

REPLY:

1. Toronto (Bayview Car Wash) LP