Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 26, 2024

CASE NO.: OLT-22-003552

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 3450 Dufferin Yorkdale Holdings Inc. Appellant: Building Industry and Land Development Association (BILD) Appellant: C.Y. Vehicle Enterprises Inc. Appellant: RioCan Management Inc. Appellant: Oxford Properties Group (Yorkdale Shopping Centre) Appellant: Dufferin 401 Properties Limited Appellant: Centura Real Estate Corp. et. al. Subject: Proposed Official Plan Amendment No. 294 Municipality/UT: City of Toronto OLT Case No: OLT-22-003552 Legacy Case No. PL160073 OLT Lead Case No: OLT-22-003552 Legacy Lead Case No. PL160073 OLT Case Name: 3450 Dufferin Yorkdale Holdings Inc. v. Toronto (City)

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

Applicant/Appellant: 3450 Dufferin Yorkdale Holdings Inc. Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment Existing Designation: Mixed Use Areas Proposed Designation: Site Specific (To be determined) Description: To permit three mixed-use buildings of 37 storeys, 33 storeys and 29 storeys including 1,044 dwelling units and 244 hotel rooms Property Address: 3450 Dufferin Street Municipality File No.: 16 216502 NNY 15 OZ Municipality/UT: City of Toronto OLT Case No: OLT-22-003906 Legacy Case No. PL170260 OLT Lead Case No: OLT-22-003552 Legacy Lead Case No. PL160073

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

Applicant/Appellant: 3450 Dufferin Yorkdale Holdings Inc. Subject: Application to amend Zoning By-law No. 7625, as amended - Refusal or neglect of the City of Toronto make a decision Existing Zoning: Site MC (Industrial Commercial) Exception 35 Proposed Zoning: Site Specific (To be determined) Description: To permit three mixed-use buildings of 27 storeys, 23 storeys and 29 storeys Property Address: 3450 Dufferin Street Municipality/UT: City of Toronto Municipality File No.: 16 216502 NNY 15 OZ OLT Case No: OLT-22-003555 Legacy Case No. PL170021 OLT Lead Case No: OLT-22-003552 Legacy Lead Case No. PL160073

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: 3450 Dufferin Yorkdale Holdings Inc. Subject: Proposed Plan of Subdivision – Failure of the City of Toronto to make a decision Description: To permit three mixed-use buildings of 27 storeys, 23 storeys and 29 storeys Property Address: 3450 Dufferin Street Municipality/UT: City of Toronto Municipality File No.: 16 216508 NNY 15 SB OLT Case No: OLT-22-003558 Legacy Case No. PL170681 OLT Lead Case No: OLT-22-003552 Legacy Lead Case No. PL160073

BEFORE: STEVEN COOKE VICE CHAIR Friday, the 26th day of July, 2024

THESE MATTERS, in respect of the lands at 3450 Dufferin Street (the “Subject Property”), having been heard at a public hearing in June 2019, and the Local Planning Appeal Tribunal, now continued as the Ontario Land Tribunal (the “Tribunal”), having issued its interim decision and order on November 16, 2019 (the “Decision”) granting the site-specific appeals in part and approving the official plan amendment to the City of Toronto (the “City”) official plan, zoning by-law amendment to City zoning by-law 569-2013 (the “ZBA”) in principle and approving a draft plan of subdivision (the “Draft Plan of Subdivision”) with respect to the Subject Property;

AND THE TRIBUNAL having issued its final order on July 26, 2022 (the “Final Order”) approving the ZBA and the Draft Plan of Subdivision conditions (the “Subdivision Conditions”) in respect of the Subject Property;

AND THE TRIBUNAL having been advised that there are new owners of the Subject Property since the issuance of the Final Order, as Dufferin Yorkdale Fitzrovia Inc., Ontari Holdings Ltd., and 4Q Dufferin Yorkdale Development GP Inc. (the “Appellants”) purchased the Subject Property from the original appellant, 3450 Dufferin Yorkdale Holdings Inc.

AND THE TRIBUNAL having been advised by the City and the Appellants that revisions have been made to:

(a) the Draft Plan of Subdivision to divide Block 1 into two blocks, being Block 1 and Block 5 (the “Revised Draft Plan of Subdivision)”; and

(b) the Subdivision Conditions to reflect reasonable conditions of the Revised Draft Plan of Subdivision (the “Revised Conditions”);

AND THE TRIBUNAL being in receipt of the Revised Draft Plan of Subdivision and the Revised Conditions, together with an affidavit from a land use planner providing the necessary opinion evidence in support of the Revised Draft Plan of Subdivision and Revised Conditions;

AND THE TRIBUNAL maintaining authority to approve the Revised Conditions pursuant to ss. 51(56.2) of the Planning Act;

THEREFORE THE TRIBUNAL ORDERS that:

(a) Pursuant to Rule 8.2 of the Tribunal’s Rules of Practice and Procedure, 3450 Dufferin Yorkdale Holdings Inc. is hereby substituted as a party in this proceeding with the Appellants;

(b) the Draft Plan of Subdivision approved by the Decision is hereby replaced with the Revised Draft Plan of Subdivision attached hereto as Attachment 1, which is hereby draft approved;

(c) The Subdivision Conditions approved by the Final Order are hereby replaced with the Revised Conditions attached hereto as Attachment 2, which is hereby approved; and

(d) Pursuant to s. 51(56.1) of the Planning Act, Final Approval of the Revised Draft Plan of Subdivision for the purposes of s. 51(58) of the Planning Act is given to the Chief Planner and Executive Director, City Planning for the City of Toronto.

“Euken Lui”

ACTING REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal

ATTACHMENT “1”

ATTACHMENT “2”

City File No.: 16 216508 NNY 15 SB

CONDITIONS

The Chief Planner's approval as set out in the Notice of Decision letter dated [date], applies to [Drawing [No,]] [Plan Number [no.]], prepared by N.A., Ontario Land Surveyor, and dated [insert date].

Standard Conditions

1. The Owner shall enter into the City's standard Subdivision agreement and satisfy all of the pre-registration conditions contained therein.

2. The Owner shall provide to the Director of Community Planning, North York District, confirmation of payment of outstanding taxes to the satisfaction of Revenue Services Division, Finance Department, City of Toronto (statement of account or Tax Clearance Certificate) and that there are no outstanding City initiated assessment or tax appeals made pursuant to section 40 of the Assessment Act or the provisions of the City of Toronto Act, 2006. In the event that there is an outstanding City initiated assessment or tax appeal, the Owner shall enter into a financially secured agreement with the City satisfactory to the City Solicitor to secure payment of property taxes in the event the City is successful with the appeal.

3. If the subdivision is not registered within 5 years of the date of the draft plan approval, then this approval shall be null and void and the plans and drawings must be resubmitted to the City of Toronto for approval.

4. The zoning by-law which permits the development must be in full force and effect.

5. The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of PG32.3 of the Planning and Growth Committee and amended by City Council at its meeting held on July 16, 2013.

6. Prior to the registration of the Plan of Subdivision, the owner shall, at its expense, prepare Architectural Control Guidelines to the satisfaction of the Chief Planner, City Planning Division. Upon approval by the Chief Planner, these guidelines will form part of the Subdivision Agreement.

Community Planning

7. Prior to the issuance of building permits, the owner shall provide a report from a qualified acoustical consultant that outlines the acoustic requirements of the development, including required mitigations measures. This will include, at a minimum, the details of noise walls required along the Highway 401 off ramp, along the western and southern edges of the site toward nearby industrial/commercial areas, and other portions of the site as appropriate.

8. The owner shall install the mitigation measures determined by the acoustical consultant identified above and as appropriate, to the satisfaction of the Director, Community Planning, North York District in consultation with Engineering and Construction Services.

9. The owner shall provide all proposed units with a proximity warning clause in advising owners and future owners of the proposed units that the activities and/or equipment associated with adjacent commercial/industrial facilities may at times be audible or cause vibration and exhaust from vehicles servicing the commercial/industrial facilities in the vicinity of the development. Adjacent commercial/industrial operations may operate on a 24 hour basis, 7 days a week.

10. The owner shall include in all leases and agreements of purchase and sale for all proposed units within the Development with a proximity warning clause in advising owners and future owners of the proposed units that despite the inclusion of noise control features in the development and within the building units, sound levels due to road traffic may on occasion interfere with some activities of the dwelling occupants.

Heritage Planning

11. In the event that deeply buried archaeological remains are encountered on the property during construction activities, the Heritage Operations Unit of the Ministry of Tourism, Culture and Sport be notified immediately as well as the City of Toronto, Heritage Planning Unit.

Engineering and Construction Services

12. The Owner shall pay to the City ($40.00) per lot/block towards the cost of geodetic and aerial survey.

13. The Owner shall dedicate all roads and corner roundings shown on the plan.

14. The Owner shall convey to the City all 0.3 metre (one foot) reserves shown on the plan.

15. The Owner shall convey all necessary easements to the City.

16. The Owner shall prepare all documents to convey lands in fee simple and easement interests to the City for nominal consideration, such lands to be free and clear of all physical and title encumbrances, to the satisfaction of the Engineering and Construction Services Division in consultation with the City Solicitor.

17. The Owner shall submit a draft Reference Plan of Survey to the Chief Engineer and Executive Director of Engineering & Construction Services, for review and approval, prior to depositing it in the Land Registry Office. The plan shall:

18. be in metric units and integrated to the 1983 North American Datum (Canadian Spatial Reference System) and the 3 degree Modified Transverse Mercator Projection);

19. delineate by separate PARTS the lands to be conveyed to the City, the remainder of the site and any appurtenant rights-of-way and easements; and

20. show the co-ordinate values of the main corners of the subject lands in a schedule on the face of the plan.

21. The Owner shall pay all costs for preparation and registration of reference plan(s).

22. The Owner shall retain the services of a Qualified Person to conduct an environmental site assessment for the lands to be conveyed to the City, in accordance with the terms and conditions of the standard subdivision agreement, including providing payment for a peer reviewer and the submission of a Record of Site Condition (RSC).

23. The Owner shall pay engineering and inspection fees in accordance with the terms and conditions of the standard subdivision agreement.

24. The Owner shall submit financial security in accordance with the terms of the standard subdivision agreement and City of Toronto policy.

25. The Owner shall apply stormwater management techniques in the development of this subdivision to the satisfaction of Engineering and Construction Services.

26. The Owner shall be responsible for maintenance of the oil/grit separator system installed by the Owner until Assumption of Services by the City.

27. Prior to registration of the Plan of subdivision, the Owner shall make satisfactory arrangements with the City to construct Street A as fully serviced roads to the satisfaction of Engineering and Construction Services.

28. The Owner shall submit a financial guarantee in the form of an irrevocable letter of credit or a certified cheque (amount to be determined later) for the pavement marking and signage as required to the City of Toronto. The pavement markings and signage are required as part of the proposed public road construction;

29. The Owner shall submit a financial guarantee in the form of an irrevocable letter of creditor certified cheque (amount to be determined) to the City of Toronto for any subsequent traffic signal work.

30. The Owner shall obtain necessary approvals from the Ministry of Transportation Office.

31. Prior to the registration of the Plan of Subdivision, the Owner shall submit a draft Reference Plan, describing the east-west service lane lands, for approval, and pay all costs for the preparation and deposit of the plan on title.

32. In the event that the east-west service lane is still required at the Assumption of the Plan of Subdivision by the City, the Owner shall provide the City with a Letter of Credit, such Letter of Credit to be upwardly indexed in accordance with the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, to cover the cost of removing the east-west service lane in the future and converting it to park and in Base Park Condition (including the cost of design, construction and environmental evaluation and remediation).

33. Prior to earlier of the registration of the Plan of Subdivision or Release for Construction of services provide:

34. Regarding Toronto Hydro-Electric System Limited (distribution group):

35. copy of "offer to connect" (OTC),

36. written confirmation that financial securities have been posted, and

37. written confirmation that satisfactory arrangements have been made.

38. Regarding Toronto Hydro Energy (streetlight group): i. cost estimate of the construction/installation of streetlights, and the hydro inspection fee,

39. financial security in amount of 120% of the streetlight cost estimate and inspection fee.

40. copy of written confirmation from Toronto Hydro Energy that satisfactory arrangements have been made.

41. In addition to any other financial security that the Owner is required to provider to secure Services (as that term is defined in the Standard Subdivision Agreement), Prior to the earlier of the release for construction of services or prior to the registration of the plan of subdivision, the Owner agrees to provide the City financial security in the amount of 120% of the value of the cost estimate of the street lighting required to be installed under this Agreement, to the satisfaction of Engineering and Construction Services.

42. The Owner shall acknowledge and agree that in order to ensure that the operational and maintenance needs of each of the Blocks are adequately addressed, reciprocal blanket easements as between the Blocks (the “Reciprocal Blanket Easements”) are required.

43. The Owner shall:

44. provide the City with confirmation from the Owner's solicitor confirming that blanket easements burdening Block 1 for the benefit of Block 5 as those Blocks are shown on the Draft Plan of Subdivision will be registered on title immediately after such time as the common ownership of the Lands is severed; and

45. provide the City with confirmation from the Owner's solicitor confirming that blanket easements burdening Block 5 for the benefit of Block 1 as those Blocks are shown on the Draft Plan of Subdivision will be registered on title immediately after such time as the common ownership of the Lands is severed.

46. The Owner shall cause the registration of the freehold transfers and Reciprocal Blanket Easements in a batch registration such that all instruments to be registered are submitted for registration concurrently.

Transportation Services

47. The Owner shall dedicate all roads and corner roundings shown on the plan;

48. The Owner shall submit to the Chief Engineer and Executive Director of Engineering and Construction Services, for review and acceptance, prior to depositing in the appropriate Land Registry Office, a Draft Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, showing the co-ordinate values at the main corners of the development lands, and delineating thereon, by separate PARTS, the lands to be conveyed to the City as part of the new public road, the remainder of the site, and any appurtenant rights-of-way;

49. The Owner shall submit a financial guarantee in the form of an irrevocable letter of credit or certified cheque (amount to be determined and agreed upon later) to the City of Toronto for the construction of the new Public Streets. This includes all required sidewalks, parking lay-bys, and other features to be determined as part of the design process;

50. The Owner shall prepare a traffic signal warrant and submit a traffic signal control drawing for a signalized intersections at the new Public Street and Bridgeland Avenue, to the satisfaction of Executive Director, Engineering and Construction Services;

51. The Owner shall submit a functional plan that includes the new pavement marking and signage on the new Public Streets along with modifications on Bridgeland Avenue to Dufferin Street, and the temporary east-west service lane across the southern edge of the Park dedication as required by Transportation Services;

52. The Owner shall submit a payment in the form of a certified cheque (amount to be determined and agreed upon later) for the proposed pavement marking and signage modifications and additions for Bridgeland Avenue and the new Public Street to the City of Toronto;

53. The Owner shall provide a mutual access agreement/surface easement for the proposed driveway connection in the southeast corner of the site to 3400 Dufferin Street; and

54. The applicant must submit a payment in the form of a certified cheque for 25 percent of the cost of the required retaining wall (amount to be determined) that is to be constructed along the western side of the new Public Street for future maintenance, as required by the City of Toronto.

Parks, Forestry and Recreation

Parkland Dedication

55. The Owner shall convey the 0.2331 hectares (2,331.99m2) portion of the Site identified for public parkland purposes, in accordance with the terms of the Section 37 Agreement.

Fire Separation Distance – Ontario Building Code

56. Prior to the transfer of fee simple of the Park Block to the City, the Park Block shall nonetheless be deemed to be parkland in respect of the limiting distance requirements of the Ontario Building Code Act, 1992. The applicant must design the building to achieve Ontario Building Code (OBC) setbacks related to fire separation on their own site on the portions of the building that abut the park. A 5 metre setback will apply to any building located next to the Park or, the required setbacks which meet the Ontario Building Code for fire separation, whichever is greater. Prior to the issuance of any above grade building permit, the applicant will be required to demonstrate adequately that the OBC requirements have been achieved to the satisfaction of the General Manager, Parks, Forestry and Recreation.

Environmental Assessment

57. Prior to conveying the parkland to the City, the Owner shall satisfy the environmental assessment obligations provided for in the Section 37 Agreement.

Park Construction, Base Park Improvements

58. The Owner, at its expense, will be responsible for the base park construction and installation of the parkland in accordance with the Section 37 Agreement.

59. Should the Owner undertake Base Park Improvements on the park block following conveyance of the park block to the City, the Owner shall satisfy all terms of the Section 37 Agreement relating to post-conveyance occupation of the park land, including those terms related to obtaining a Park Occupation Permit and the terms related to construction staging.

Temporary Fencing

60. The Owner shall satisfy the provisions of the Section 37 agreement regarding temporary fencing.

Parkland Grading and Drainage

61. The Owner shall satisfy the provisions of the Section 37 Agreement regarding parkland grading and drainage.

Above Base Park Improvements

62. Should the Owner agree to design and construct Above Base Park Improvements, the Owner will satisfy the conditions related to Above Base Park Improvements set out in the Section 37 Agreement.

Warranty

63. The Owner will satisfy the park warranty provisions of the Section 37 Agreement.

Composite Utility Plan

64. Prior the acceptance of engineering drawings by Technical Services, the owner agrees to submit composite utility plans, indicating the location of all existing and proposed underground and aboveground utilities in relation to proposed tree planting locations, at a minimum scale of 1:250, to the satisfaction of Technical Services and the General Manager of Parks Forestry and Recreation.

Tree Planting

65. The owner agrees to provide an appropriate tree planting plan. A tree planting plan and landscape details are required and must be reviewed by the City for approval, to the satisfaction of the General Manager of Tree Protection and Plan Review.

66. Trees are to be placed along new and existing public streets on the subject site, and in the Ontario Highway 401 off ramp setback. Trees are to be spaces 8-10m apart. Each tree is to have access to at least 30 cubic metres of soil. Large growing native shade trees are required. The trees must be planted as per the plans approved by Urban Forestry, and must arrive on site in Balled and Burlapped condition with a minimum caliper of 70mm (or as specified if larger). Prior to planting, each tree shall have the burlap untied/unwrapped from the upper portion of the root ball (along with part of the wire cage if necessary), and soil brushed away or removed from the top of the root ball until the first proper root is identified, indicating the top of the original/permanent root crown. The tree is then to be planted with this level considered as the top of the root ball for all other instructions. Any tree found planted with the actual root crown more than 2.5cm below finished grade may be rejected and require replacement or replanting at the City's discretion.

67. In the event of a conflict between the Ministry of Transportation and the City of Toronto tree planting requirements for the Ontario Highway 401 off ramp setback, the Ministry of Transportation tree planting requirements will prevail.

68. Acknowledging that the trees along Bridgeland Avenue are not anticipated be retained, the owner shall pay the tree amenity value for each tree and include replacement trees along Bridgeland Avenue in the tree planting plan, using the specifics mentioned above.

69. The owner agrees to submit a planting plan and planting details for the setback to the Ontario Ministry of Transportation lands adjacent to the property. The plan must meet both the Ministry's and the City’s planting requirements. The owner is solely responsible for consulting with, and receiving approval from the Ministry. Written approval of the planting plan shall be submitted to the City.

70. A deposit in an amount equal to 120 percent of the cost of replanting and maintaining for new trees is shall be paid for each tree planted on the public boulevard. The deposit shall be held for a period of two years to ensure the survival of the trees.

71. The owner agrees that trees will be planted by a qualified arborist or nursery person. They must determine how much settlement, if any, may occur, to ensure trees are not planted too high, or settle too deeply. Trees are to be planted after final grading, and once the sod has been laid.

72. Prior to tree planting, the owner agrees to submit to Urban Forestry, a watering schedule for newly planted trees during the two year guarantee period.

73. The owner agrees to contact Urban Forestry one week prior to tree planting, and once the trees have been planted, in order to establish the anniversary dates.

74. Upon written request from the Owner, Parks, Forestry and Recreation agrees to inspect the newly planted trees and will advise the Owner if the trees are satisfactory. The Owner acknowledges and agrees to maintain the trees for a period of two (2) years after being advised in writing that Parks, Forestry and Recreation is satisfied with the newly planted trees. The Owner acknowledges that, should any newly planted tree require replacement during this guarantee period, the tree shall be replaced immediately and shall have an additional two (2) year maintenance period placed on this new planting. At the end of that period, upon acceptance, the City shall accept maintenance responsibilities and return the tree planting deposit.

Warning Clause – Street Tree Planting

75. The Owner shall ensure that there shall be no wording in any Agreement of Purchase and Sale and/or Rental Agreement for any lands within the plan of subdivision that states or creates an expectation that there will be a tree in front of each residential lot.

Forestry By-laws

76. The Owner shall comply with all applicable by-laws pertaining to Urban Forestry, to the satisfaction of the General Manager of Tree Protection and Plan Review.

Letter of Credit

77. A letter of credit will be provided in relation to tree planting requirements. This condition may be satisfied by providing a letter of credit for tree planting requirements through a site plan agreement.

Urban Design

Fencing Plan

78. The Owner shall prepare a detailed fencing plan to the satisfaction of the Chief Planner and Executive Director, City Planning as part of a Site Plan Application.

79. The Owner is required to install any required privacy or decorative fencing to the satisfaction of the Chief Planner and Executive Director, City Planning. The installation shall be completed prior to occupancy.

80. Fencing is required along the south and west property lines. Where the fencing abuts a right-of-way to be dedicated to the City or a park space to the dedicated to the City, the related fencing will also be dedicated to the City.

81. A letter of credit to will be provided related to the above fencing conditions.

Acoustic Wall

82. The Owner shall submit a detailed plan that includes acoustic walls to the satisfaction of the Chief Planner and Executive Director, City Planning.

83. The Owner shall install the acoustic wall noted above, to the satisfaction of the Chief Planner and Executive Director, City Planning.

84. Installation of acoustic walls shall be completed prior to occupancy.

85. A letter of credit to will be provided related to the above acoustic wall conditions.

Grading Plan and Retaining Walls

86. The Owner shall submit a detailed grading plan and details of any retaining walls as part of a Site Plan Application, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services.

Public Utility Plan Coordination

87. The Owner shall coordinate the public utility plan and landscaping plan.

Canada Post

88. The owner/developer will provide each uniquely addressed multi-unit building with its own centralized mail receiving facility.

89. These lock-box assemblies must be:

90. Rear-loaded – a requirement for all multi-unit buildings with 100 or more units

91. Adjacent to the ground floor main entrance – the door to the delivery side must be adjacent to the ground floor front entrance - not a service corridor

92. Accessible via the Canada Post lock/key system – concierge & private keys are not acceptable means of lobby/mailroom access

93. In compliance with Canada Post Standards – refer to the Delivery Standards Manual mentioned below.

94. The owner/developer agrees to provide Canada Post with access to any locked doors between the street and the lock-boxes via the Canada Post Crown lock and key system. This encompasses, if applicable, the installation of a Canada Post lock in the building’s lobby intercom and the purchase of a deadbolt for the mailroom door that is a model which can be retro-fitted with a Canada Post deadbolt cylinder.

95. Grade level retail and residential units must also have centralized mail receiving equipment – either via privately owned lockbox or Canada Post Community Mailbox.

96. There will be no more than one mail delivery point to each unique address assigned by the Municipality.

97. For any business that is classified as an institution, only one delivery point will be provided.

98. Any existing postal coding may not apply, the owner/developer should contact Canada Post to verify postal codes for the project.

Bell Canada

99. The owner shall grant to Bell Canada any easements that may be required, which may include a blanket easement, for communication/telecommunication infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements.

100. The developer shall contact Bell Canada during detailed design to confirm the provision of communication/telecommunication infrastructure needed to service the development.

101. The Developer shall, prior to commencing any work, confirm that sufficient wire-line communication/telecommunication infrastructure is available. In the event that such infrastructure is unavailable, the Developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure.

102. If the Developer elects not to pay for the above noted connection, then the Developer will be required to demonstrate to the satisfaction of the Municipality that sufficient alternative communication/telecommunication will be provided to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services).

Rogers

103. The Owner shall request mapping related to Rogers physical plant in the vicinity of the Site, and thereafter exercise caution when conducting excavation or construction around any Rogers physical plant in vicinity of the Site, which includes but is not limited to Aerial fibre and coaxial plant. A minimum clearance of 0.6 metres is required, and hand digging is required and crossing within 1 metre of Rogers plant. Locates are required.

Enbridge

104. The applicant shall contact Enbridge Gas Distribution’s Customer Connections department by emailing SalesArea10@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and /or soil trenches) and/or asphalt paving.

105. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant.

106. Easement(s) are required to service this development and any future adjacent developments. The applicant will provide all easement(s) to Enbridge Gas Distribution at no cost.

107. The applicant will contact Enbridge Gas Distribution’s Customers Connections department by emailing SalesArea10@enbridge.com prior to any site construction activities to determine if existing piping facilities need to be relocated or abandoned.

108. In the event a pressure reducing regulator station is required, the applicant is to provide a 3 metre by 3 metre exclusive use location that cannot project into the municipal road allowance. The final size and location of the regulator station will be confirmed by Enbridge Gas Distribution’s Customer Connections department. For more details contact SalesArea10@enbridge.com.

109. The applicant will grade all road allowances as close to final elevation as possible, provide necessary field survey information and all approved municipal road cross sections, identifying all utility locations prior to the installation of the gas piping.

110. Enbridge Gas Distribution reserves the right to amend or remove development conditions.

Toronto Hydro

111. A locate must be completed in the field to identify Toronto Hydro Infrastructure.

112. All proposed work must maintain the minimum horizontal and vertical clearances per Toronto Hydro Construction Standard 31-0100. Clearance measurements are taken from the edge of the hydro plant to the edge of the proposed work.

113. Any proposed trees must maintain a minimum of 1000mm horizontal clearance edge to edge from the Hydro plant.

114. A minimum of 3000mm clearance is required for any part of the building, or any temporary structures to out and most points of Hydro's overhead primary cables and related equipment.

115. Any damage to Toronto Hydro's plant will be repaired to Toronto Hydro's satisfaction at the project owner's expense.

116. The developer will contact Toronto Hydro COS West Design for disconnection and prior to equipment removal and any demolition and construction work.

117. If a relocation is needed, the developer will contact Toronto Hydro Utility Relocations group.

118. Any cost of pole relocation will be the responsibility of the developer.

Nav Canada

119. NavCanada will be notified at least 10 days prior to the start of construction. The notification requirement can be satisfactorily met by returning a completed, signed copy of Nav Canada's 'Construction Start Notification' form to landuse@navcanada.ca or fax at 613-248-4094.

Advisory notes

Hydro One Networks Inc. has requested that the following paragraph be included as a note to draft approval:

An electrical distribution line operating at below 50,000 volts might be located within the area affected by this development or abutting this development. Section 186 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, requires that no object be brought closer than 3 metres (10 feet) to the energized conductor. It is the proponent’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the electrical conductors can raise and lower without warning, depending on the electrical demand placed on the line. Warning signs should be posted on the wood poles supporting the conductors stating DANGER - Overhead Electrical Wires in all locations where personnel and construction vehicles might come in close proximity to the conductors.