Menkes 4800 Yonge Street Inc. v. Toronto (City)

ISSUE DATE: June 13, 2025 CASE NO(S).: PL170562, OLT-25-000305

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

Applicant and Appellant: Menkes 4800 Yonge Street 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 Purpose: To permit a 49 storey building with residential, retail and offices uses Property Address/Description: 4800 Yonge Street Municipality: City of Toronto Approval Authority File No.: 15 250774 NNY 23 OZ OMB Case No.: PL170562 OMB File No.: PL170562 OMB Case Name: Menkes 4800 Yonge Street Inc. v. Toronto (City)

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

Applicant and Appellant: Menkes 4800 Yonge Street Inc. Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of the City of Toronto to make a decision Existing Zoning: Commercial (C1) Proposed Zoning: Site specific Purpose: To permit a 49 storey building with residential, retail and offices uses Property Address/Description: 4800 Yonge Street Municipality: City of Toronto Municipality File No.: 16 118542 NNY 23 OZ OMB Case No.: PL170562 OMB File No.: PL170563

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Menkes 4800 Yonge Street Inc. Subject: Site Plan Property Address/Description: 4800 Yonge Street Municipality: City of Toronto LPAT Case No.: PL170562 LPAT File No.: PL171082 OMB Case Name: Menkes 4800 Yonge Street Inc. v. Toronto (City)

MICHAEL KRALJEVIC CHAIR

Friday, the 13th day of June, 2025

THIS MATTER having been brought before the Tribunal jointly by Menkes 4800 Yonge Street Inc. and the City of Toronto (“City”), requesting that the Tribunal vary its Decision, issued on May 13, 2019, and its Order, issued on December 1, 2020, and its Interim Order, issued on April 13, 2021, pursuant to section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure;

WHEREAS THE TRIBUNAL is in receipt of sworn evidence by Michael Goldberg, in an affidavit dated March 27, 2025, as a Registered Professional Planner qualified to give opinion evidence in the area of land use planning, to assist the Tribunal in its deliberations, in support of the request to amend By-law 1113-2020 (LPAT) and Official Plan Amendment 462; and

WHEREAS THE CHAIR after having reviewed the Request and accepted the evidence sworn by Michael Goldberg, determined that Request for Review meets the threshold established under Rule 25.7(e), for the reasons set out in his letter of disposition dated June 13, 2025, in accordance with the Chair’s authority under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure;

THE TRIBUNAL is satisfied that varying the Order by approving the official plan amendment and zoning by-law amendment is in the public interest, represents good planning, and would be the most fair, just and expeditious manner to address the matter;

THE TRIBUNAL THEREFORE ORDERS that the City of Toronto’s Zoning By-law No. 1113-2020 (LPAT) and Official Plan Amendment 462, as issued in the Order dated December 1, 2020, are hereby amended in the form attached hereto as Attachments A and B and forming part of this Order; and

THE TRIBUNAL FURTHER ORDERS that the Interim Order, issued on April 13, 2021 is hereby amended by adding the following to paragraph 9:

9The Tribunal further orders that the Final Order approving the Site Plan Application shall be withheld pending written confirmation that Menkes 4800 Yonge Street Inc. has entered into an Amending Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, Development Review and the City Solicitor, with such agreement registered on title to 4800 Yonge Street, in a manner satisfactory to the City Solicitor.

THE TRIBUNAL FURTHER ORDERS that in all other respects the Decision, Order, and Interim Order remain as issued.

All of which are ordered pursuant to the Chair’s authority under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN 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 "A"

Authority: Local Planning Appeal Tribunal Decision issued on May 13, 2019 and on June 3, 2019 and Order(s) effective on December 1, 2020 in Case PL170562

CITY OF TORONTO BY-LAW 1113-2020(LPAT)

To amend former City of North York Zoning By-law 7625, as amended with respect to lands municipally known as 4800 Yonge Street.

Whereas the Local Planning Appeal Tribunal pursuant to its Decision issued on May 13, 2019 and on June 3, 2019, and Order(s) effective on December 1, 2020 in Case PL170562, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable to amend the former City of North York Zoning By-law 7625, as amended, with respect to lands municipally known as 4800 Yonge Street; and

Whereas pursuant to Section 37 of the Planning Act, a By-law passed under Section 34 of the Planning Act may authorize increases in height or density of development beyond that permitted otherwise by the by-law in return for the provision of such facilities, services or matters as are set out in the by-law; and

Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services, or matters in return for an increase in the height or density of development, a municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and

Whereas the owner of the lands known at the date of enactment of this By-law as 4800 Yonge Street (the "Lands") has elected to provide the facilities, services or matters as set out in this By-law; and

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

The Local Planning Appeal Tribunal orders:

1. Schedules "B" and "C" of By-law 7625 of the former City of North York, as amended, are amended in accordance with Schedule "1" of this By-law.

2. Section 64.20-A of By-law 7625 of the former City of North York is amended by adding the following subsection:

"64.20-A (259) RM6 (259) DEFINITIONS

ATRIUM

(a) For the purpose of this exception, “atrium” shall mean an enclosed publicly accessible open space with an area of 130 square metres situated at ground level, within the shaded area shown on Schedule RM6(259)A of By-law 1113- 2020 that is accessible to the public, secured through appropriate legal agreements which provides public pedestrian access from the street to the connection to the TTC subway station and which may include seating areas and public art as well as functioning as the entrance to the office component of the building, and which is open to the public during TTC subway operating hours. Further the atrium area can be occupied by kiosk space within the area provided such area does not exceed 25 percent of the atrium area, exclusive of seating that may be used by general public. Public Art is permitted within this area.

BICYCLE PARKING

(b) For the purpose of this exception, "bicycle room" shall mean an enclosed indoor space that is designed and equipped exclusively for the purpose of parking and securing bicycles.

(c) For the purpose of this exception, "bicycle parking space" shall mean an area that is equipped with a bicycle rack, bicycle stacker, or a locker designed exclusively for the purpose of parking and securing bicycles.

CAR –SHARE

(d) For the purpose of this exception, "car-share" means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may be refundable;

(e) For the purpose of this exception, "car-share parking space" means a parking space that is exclusively reserved and actively used for car –sharing

COMMON OUTDOOR SPACE

(f) For the purpose of this exception, “common outdoor space” shall mean exterior, publicly accessible areas of the net site that are adjacent to the building, consistent of hard or soft landscaping, adjoin a public street, provide pedestrian facilities such as outdoor seating, and may include public art

ESTABLISHED GRADE

(g) For the purpose of this exception, "established grade" shall mean the geodetic elevation of 177.22 metres.

GROSS FLOOR AREA

(h) For the purpose of this exception, "gross floor area" shall mean the aggregate of the areas of each floor, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, including any areas used as balconies, but excluding:

(i) any part of the building used for mechanical floor area;

(ii) any space in a parking garage at or below grade used exclusively for motor vehicle or bicycle parking or access thereto, TTC lobby; and

(iii) the floor area of unenclosed residential balconies. For greater certainty, but not so as to restrict generality:

(A) the calculation of gross floor area may exclude – architectural features affixed to or extending beyond the exterior faces of exterior walls; floor slab openings and other voids, including pipe space enclosures throughout, including within residential units; mechanical areas within residential units, including HVAC spaces; stormwater storage tanks; parking ramps and aisles to or within a parking garage; bicycle rooms contained within a parking garage; accessory uses to parking areas within a parking garage including: airlock rooms adjacent to elevators or exits; exit stairs that lead directly from a parking garage to the exterior of the building without serving any other areas; curbs adjacent to parking areas; supporting columns, walls or other like structures in a parking garage; pedestrian walkways within a parking garage; motor vehicle loading spaces, access thereto and adjacent bin staging areas; dead areas adjacent to parking spaces between columns, in corners and around curves or provided to facilitate vehicular turnaround; other spaces in a parking garage not accessible and/or usable due to structural design; and

(B) the calculation of gross floor area shall include – general storage spaces of any kind, including lockers and rooms; bicycle rooms not contained within a parking garage; vestibules other than airlock rooms; garbage and recycling rooms; stairs, landings and hallways other than those that lead directly from a parking garage to the exterior of the building without serving any other areas; amenity spaces; elevator lobbies; the floor areas of elevator cabs.

GROSS SITE

(i) For the purpose of this exception, "gross site" shall mean the lands identified as such on Schedule "RM6(259)A", comprising an area of 4,145.2 square metres.

MECHANICAL FLOOR AREA

(j) For the purpose of this exception, "mechanical floor area" shall mean floor area within a building or structure used exclusively for the accommodation of mechanical equipment necessary to physically operate the building, including but not limited to heating, ventilation, air conditioning, electrical, plumbing, storm water storage, irrigation, fire protection and elevator equipment.

NET SITE

(k) For the purpose of this exception, "net site" shall mean the lands identified as such on Schedule "RM6(259)A", comprising an area of 3,565.7 square metres.

TYPE B LOADING SPACE

(l) For the purpose of this exception, "Type B loading space" shall mean a loading space that has a minimum width of 3.5 metres, minimum length of 11.0 metres and minimum vertical clearance of 4.0 metres.

TYPE C LOADING SPACE

(m) For the purpose of this exception, "Type C loading space" shall mean a loading space that has a minimum width of 3.5 metres, minimum length of 6.0 metres and minimum vertical clearance of 3.0 metres.

TYPE G LOADING SPACE

(n) For the purpose of this exception, "Type G loading space" shall mean a loading space that has a minimum width of 4.0 metres, minimum length of 13.0 metres and minimum vertical clearance of 6.1 metres.

PERMITTED USES

(o) The only permitted uses shall be as follows:

(i) RESIDENTIAL

(A) accessory uses, including private recreational amenity areas;

(B) apartment house dwellings.

(ii) NON-RESIDENTIAL

(A) Office Uses

(1) accessory uses;

(2) business and professional offices, including banks and other financial institutions;

(3) clinics;

(4) health science research laboratories;

(5) information processing centres or facilities; and

(6) professional medical offices.

(B) The office uses in (a) are permitted on floors 2 to 7 of the podium shown on Schedule "RM6(259)A".

(C) Retail and Service Commercial Uses

(1) accessory uses;

(2) art galleries;

(3) automatic teller machines;

(4) bakeries;

(5) car rental agencies;

(6) car-share services;

(7) car washes;

(8) clubs;

(9) commercial galleries;

(10) custom workshops making articles or products to be sold at retail on the premises;

(11) day nurseries;

(12) dry-cleaning and laundry collecting establishments;

(13) fitness centers;

(14) outdoor cafes;

(15) personal service shops;

(16) restaurants including take-out;

(17) retail branches of banks and other financial institutions;

(18) retail stores, including grocery stores, supermarkets and pharmacies;

(19) studios;

(20) theatres; and

(21) meeting and conference facilities.

(p) A minimum of 15,000 square metres of gross floor area shall be devoted solely to Office Uses. This amount may be reduced to a minimum of 12,500 square metres of office floor space if the Owner elects to provide an additional twelve (12) affordable housing units in accordance with (mm)(ix) below. A maximum of 100 square metres of gross floor area for Office Uses may form part of a connection to the TTC subway station. A minimum of 600 square metres of gross floor area devoted solely to Retail and Service Commercial Uses shall front onto and be directly accessible from the public sidewalk or common outdoor spaces on Yonge Street and/or Sheppard Avenue, a maximum of 210 square metres of which may be for meeting and conference facilities fronting Sheppard Avenue West.

(q) Only non-residential uses shall be contained in the podium shown on Schedule "RM6(259)A", except for accessory residential uses (including but not limited to residential lobby space, residential amenity space, mail rooms, elevators, garbage and recycling rooms, bicycle rooms, management office, mechanical rooms, utility rooms, and exit stairs and corridors). No non-residential uses shall be permitted in the tower shown on Schedule "RM6(259)A", situated above the podium.

EXCEPTION REGULATIONS MAXIMUM GROSS FLOOR AREA

(r) The maximum gross floor area permitted on the net site shall not exceed 33,360 square metres.

BUILDING ENVELOPE

(s) No portion of any building or structure erected and used above established grade shall be located otherwise than wholly within the building envelope identified on Schedule "RM6(259)A" except for canopies, light fixtures, architectural building features, ornamental elements, window sills, balustrades, columns, support structures, mechanical equipment, exhaust fans, exhaust flues, wheelchair ramps, safety railings, structures for outside or open air recreation, partitions dividing outdoor recreation areas, terrace guard and dividers, signs and planters.

BUILDING HEIGHT

(t) The building height, measured from established grade, shall not exceed the maximum heights in metres shown on Schedule "RM6(259)A" excluding mechanical penthouses, parapets and other architectural features, stairwells to access the roof, safety railings, roof drainage, thermal insulation and roof ballast, structures for open air recreation, partitions dividing outdoor recreation areas, terrace guards and dividers, planters, decorative screens, elevator shafts, elevator shaft enclosures, lightning rods, mechanical equipment, exhaust fans, exhaust flues, building maintenance, and window washing equipment.

MOTOR VEHICLE PARKING

(u) A minimum of 311 motor vehicle parking spaces, including a maximum of 92 parking spaces located under the portion of Bogert Avenue identified on Schedule "RM6(259)B" in association with a building permitted by the RM6(259) zone and 10 spaces reserved for car-share parking, shall be provided and maintained in an underground parking garage.

(v) Notwithstanding (u) above, if the Owner elects to provide additional TDM measures in accordance with the provisions of (oo) (v) the minimum vehicle parking spaces may be reduced to 259 motor vehicle parking spaces to be provided in accordance with (u) above.

(w) Notwithstanding (u) above, up to ten (10) percent of obstructed parking spaces provided may have the following minimum dimensions:

(i) Length – 5.6 metres;

(ii) Width – 2.6 metres; and

(iii) Vertical Clearance: 2 metres.

(x) a minimum of 106 parking spaces will be dedicated for the use of residential tenants.

(y) any parking spaces in the underground parking garage not dedicated to the use of residential tenants, including spaces for the use of residential visitors may be made available to the general public and a charge may be imposed for the use of such spaces, whether by tenants, visitors or the public.

(z) any parking space in the underground parking garage may be accessed by a one-way aisle with a minimum width of 4.25 metres or a two-way aisle with a minimum width of 6.0 metres.

BICYCLE PARKING

(aa) A minimum of 426 bicycle parking spaces shall be provided and maintained within the net site, of which:

(i) a minimum of 20 bicycle parking spaces shall be allocated for the use of office tenants;

(ii) a minimum of 26 bicycle parking spaces shall be allocated for the use of office visitors;

(iii) a minimum of 1 bicycle parking spaces shall be allocated for the use of retail tenants;

(iv) a minimum of 5 bicycle parking spaces shall be allocated for the use of retail visitors;

(v) a minimum of 339 bicycle parking spaces shall be allocated for the use of residential tenants; and

(vi) a minimum of 35 bicycle parking spaces shall be allocated for the use of residential visitors.

(bb) A bicycle parking space shall have a minimum vertical clearance of 1.9 metres, minimum horizontal dimensions of 0.6 metres by 1.2 metres and maximum floor area of 2.0 square metres that is designed and equipped exclusively for the purpose of parking and securing one or more bicycles and is not located within a dwelling unit, balcony or commercial suite.

(cc) A stacked horizontal "bicycle parking space" shall have minimum dimensions of 0.37metres by 1.8 metres and a height of 1.2 metres.

(dd) Access to mezzanine floor bicycle rooms shall be via dedicated stair or elevator connecting directly to the outside at the ground floor level.

(ee) Bicycle parking space incentives will be permitted for bicycle parking spaces located on the P1 level and the 1st Floor Mezzanine level.

(ff) Bicycle parking spaces may also be provided outdoors and in identified bicycle parking areas throughout the parking garage.

LOADING

(gg) One (1) Type G, two (2) Type B and two (2) Type C loading spaces shall be provided within the net site.

INDOOR RECREATIONAL AMENITY AREA

(hh) A minimum of 1.5 square metres per dwelling unit of private, residential recreational amenity area shall be provided within the residential tower shown on Schedule "RM6(259)A".

OUTDOOR RECREATIONAL AMENITY AREA

(ii) A minimum of 2 square metres per dwelling unit of private, outdoor residential recreational amenity area shall be provided on the roof of the podium shown on Schedule "RM6(259)A".

YARD SETBACKS

(jj) The minimum yard setbacks shall be as shown on Schedule "RM6(259)A".

PROVISIONS NOT APPLICABLE

(kk) The provisions of Sections 6(9), 6A(2), 6A(3)(a), 6A(4)(a), 6A(5)(a)(ii)D, 6A (5)(b)(iv)(B), 6A(5)(b)(iv)(C), 6(A)(6)(g), 6A(8), 6A(16), 15.8, and, 20-A shall not apply.

SECTION 37 MATTERS INCREASED DENSITY

(ll) Matters that are to be provided pursuant to Section 37 of the Planning Act, R.S.O 1990, c. P.13, as amended, in order to permit the increased maximums in gross floor area authorized under subsection (mm) of this exception, are:

SECTION 37 OBLIGATIONS REQUIRED IN RETURN FOR ADDITIONAL GROSS FLOOR AREA PERMITTED

(mm) The owner of the subject lands shall enter into one or more agreements with the City of Toronto pursuant to Section 37 of the Planning Act to secure the capital facilities and/or matters referred to below, which agreement or agreements shall be registered against the title of the lands to which this By-law applies in the manner and to the extent specified in such agreements. The owner of the subject lands, at the owner's expense and in accordance with, and subject to, the agreements referred to above shall provide for or fund the following facilities and/or matters on terms satisfactory to the City of Toronto in exchange for the increased density hereinafter set out and the owner shall not use, or permit the use of, a building or structure on the Lands with an increase in density pursuant to this By-law unless all of the following provisions are satisfied:

(i) a minimum of 600 square metres of retail space fronting onto and directly accessible to Yonge Street and/or Sheppard Avenue;

(ii) a minimum of 553.3 square metres of bicycle rooms for the residential and commercial uses, provided that the bicycle rooms are directly accessible from grade and are located immediately at, immediately above or immediately below the ground floor;

(iii) a minimum of 29.8 square metres for bicycle shower and change facilities provided for commercial uses;

(iv) indoor recreational amenity space at a minimum of 1.5 square metres per dwelling unit;

(v) removal of the Toronto Transit Commission stairway in the Sheppard Avenue West right of way/boulevard;

(vi) at least 15,000 square metres of office floor space which may include up to 100 square metres of TTC connection floor area which will be located in the building shown on Schedule "RM6(259)A", which amount may be reduced to a minimum of 12,500 square metres of office floor space if the Owner elects to provide an additional twelve (12) affordable housing units in accordance with (mm)(ix) below; and

(vii) the Owner shall, at its sole expense, design and construct an entrance connection, which shall be fully integrated into any proposed development on the subject site, linking the development to the Sheppard Subway Station. The entrance to the connection shall be designed to meet TTC standards and to be open and in operation all hours that the subway is in operation. The developer shall also enter into any required agreements, with the TTC and/or the City of Toronto, pay any fees, and prepare any documents necessary for this entrance at the Owner's sole cost;

(viii) the owner shall provide a minimum of ten (10) affordable housing units onsite with a Gross Floor Area of approximately 555 square metres. The unit mix shall be comprised of eight (8) one-bedroom units and two (2) two-bedroom units;

(ix) in the event the owner elects to provide only 12,500 square metres of office space as contemplated in subsection in (mm)(vi) above, the owner shall provide an additional twelve (12) affordable housing units with a gross floor area of approximately 732 square metres. The unit mix shall be comprised of nine (9) one-bedroom units, two (2) two-bedroom units and one (1) three-bedroom unit; and

(x) all affordable housing units shall be secured in accordance with the terms attached as Schedule 2.

ADDITIONAL GROSS FLOOR AREA PERMITTED IN RETURN FOR SECTION 37 OBLIGATIONS

(nn) Notwithstanding subsection (r) of this exception, additional gross floor area may be permitted within the net site shown on Schedule "1", limited to the following:

(i) 1,640 square metres for right-of-way conveyance;

(ii) 579 square metres for right-of-way conveyance;

(iii) a maximum of 4,249.8 square metres for road and park transfers;

(iv) a maximum of 1,930.1 square metres of residential gross floor area within the residential site attributable to (mm)(i), (mm)(ii), (mm)(iii), and (mm)(iv); and

(v) a maximum of 8,155.1 square metres of residential gross floor area within the residential site attributable to the TTC connection work specified in (mm)(v) and (mm)(vii) and

(vi) a maximum of 786 square metres of residential gross floor area within the residential site attributable to the affordable housing specified in (mm)(viii), (mm)(ix) and (mm)(x).

ADDITIONAL MATTERS TO BE SECURED IN SECTION 37 AGREEMENT

(oo) The following matters shall be secured in the Section 37 Agreement as a legal convenience to support the development:

(i) any Toronto Transit Commission requirements regarding the Toronto Transit Commission pedestrian connection referred to in (mm) (vii) and removal of the stairway in the public right of way referred to in (mm) (v), which may include an Entrance Connection Agreement, fees and letters of credit;

(ii) the "atrium" shall be treated as a privately-owned publicly accessible open space, save and except for permitted uses outlined in section 2(a) with public access easements (similar to PATH connections/subway hours), which easements shall be secured through the site plan approval process as a condition of site plan approval, and shall be effective prior to the earlier of 90 days from the first occupancy for any use or the first registration of a condominium corporation on the Lands;

(iii) the owner shall work with City Planning staff through the site plan approval process to design and secure public art for the "atrium", to be secured through the site plan approval process as a condition of site plan approval;

(iv) the owner shall incorporate in the construction of the building, and thereafter maintain, exterior building and landscape materials to the satisfaction of the Chief Planner and Executive Director, City Planning in particular for the base building;

(v) TDM measures to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning as set out in the approved TDM strategy;

(vi) extension of the Yonge Street median adjacent to and in the vicinity of the Lands as contemplated in the North York Centre Secondary Plan and approved EA for the associated road network, details to be determined and secured through the site plan approval process as required to the satisfaction of General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

(vii) the owner shall construct and maintain the Development in accordance with Tier 1 performance measures of the Toronto Green Standard;

(viii) prior to the issuance of any above grade permit, the owner agrees to pay for, construct and have operational any improvements to the required municipal infrastructure in connection with the accepted Functional Servicing Report;

(ix) the owner shall satisfy the City's parkland dedication requirements pursuant to section 42 of the Planning Act by way of an off-site parkland dedication and cash-in-lieu of parkland as permitted by 415-26(c)(3) of the City of Toronto Municipal Code to the satisfaction of the General Manager, Parks, Forestry & Recreation, subject to the following:

(A) The total required parkland dedication value will be $5,000,000.00, comprised of one or more properties acceptable to the General Manager, Parks, Forestry and Recreation;

(B) The location of the off-site parkland dedication shall be to the satisfaction of the General Manager, Parks Forestry & Recreation;

(C) The off-site parkland dedication value may be adjusted downward to deduct reasonable costs incurred in connection with the acquisition of any property related to: legal fees, real estate commissions of up to 5 percent, land transfer tax, typical closing adjustments, water, and electrical and sanitary connections, all to the satisfaction of the General Manager, Parks Forestry & Recreation;

(D) If the value of the land acquired for the off-site dedication is less than $5,000,000.00, indexed upwardly in accordance with the Non- Residential Construction Price Index for Toronto calculated from February 26, 2019 to the date of payment, net of reasonable closing costs incurred, as described in (c), to the satisfaction of the General Manager, Parks Forestry & Recreation, the remainder will be paid to the City prior to the issuance of the first above grade permit for the development, and shall be used for parkland acquisition in Ward 18;

(E) At least one acceptable property shall be acquired by the owner within one year of this By-law being approved by the LPAT and shall be conveyed to the City prior to the issuance of the first above grade permit for the development;

(F) Should the owner not acquire at least one acceptable property identified by the City to the owner within one year of this By-law becoming final and binding, the off-site parkland dedication shall be determined at the time it is being fulfilled in accordance with the applicable policies in effect at the time and in accordance with the Planning Act; and

(G) The land to be conveyed as off-site parkland dedication shall be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks Forestry & Recreation.

(x) the owner shall provide and maintain the residential dwelling units on the Lands, once constructed, as rental dwelling units, together with the associated facilities and amenities, for a period of at least twenty (20) years beginning from the date of first residential occupancy with no applications for demolition or conversion from residential rental use made during such twenty (20) year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

SEVERANCE

(pp) Notwithstanding any existing or future severance, partition or division of the net site shown on Schedule "RM6(259)A", the provisions of this By-law shall apply to the whole of the net site as if no severance, partition or division occurred."

3. Section 64.20-A of By-law 7625 of the former City of North York is amended by adding Schedule 1 and Schedule "RM6(259)A" attached to this By-law.

4. Within the lands shown on Schedule "1" attached to this By-law, no person shall use any land or erect or use any building or structure unless the following municipal services are provided to the lot line and the following provisions are complied with:

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

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

5. Where any provision or Schedule of By-law 7625 of the former City of North York, as amended, conflicts with this By-law, this By-law shall prevail.

6. By-law 30687 of the former City of North York is repealed.

Local Planning Appeal Tribunal Decisions issued on May 13, 2019 and on June 3, 2019 and Order(s) effective on December 1, 2020 in Case PL170562.

City of Toronto By-law -2020(LPAT)

TORONTO 4800 Yonge Street

Schedule RM6(259)B

File # 16 118542 NNY 23 OZ

GROSS SITE ----

NET SITE ----

PERMITTED BELOW-GRADE CONSTRUCTION

Not to Scale

08/05/2020

Schedule 2- Affordable Housing Terms and Conditions

a) the average unit size of the affordable rental housing units shall be no less than 51 square metres for a one-bedroom, 70 square metres for a two-bedroom and 91 square metres for a three-bedroom unit;

b) the minimum unit size of the affordable rental housing units shall be no less than minimum unit sizes of all market units, by unit type

c) the general configuration, location and layout of the affordable rental housing units in the development shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, the units are not required to all be located on the same floor;

d) tenants of the affordable rental housing units shall be provided with access to, and use of all indoor and outdoor residential amenities in the development at no extra charge; access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

e) all affordable rental housing units will be provided with ensuite laundry facilities and central air conditioning at no extra charge;

f) tenants of the affordable rental housing units will be provided with access to permanent and visitor bicycle parking/bicycle lockers in accordance with the Zoning By-law and on the same basis as other units within the development;

g) the initial rent (inclusive of utilities) charged to the first tenants of and upon turnover of the affordable rental housing Units shall not exceed affordable rents as defined in the Official Plan (pursuant to OPA 558) for a minimum of 25 years, beginning with the date each such unit is first occupied (the "Affordability Period"). During the Affordability Period, increases to initial rents charged to tenants occupying any of the affordable rental housing units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline, regardless of whether the Provincial rent guideline applies to the affordable rental housing units under the Residential Tenancies Act;

h) the Owner shall provide and maintain the affordable rental housing units as rental dwelling units at the rents identified in g. above for the duration of the Affordability Period. The affordable rental housing units shall not be registered as a condominium or any other form of ownership, such as life lease or co-ownership, which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental housing unit shall be made for the duration of the Affordability Period; upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the affordable rental housing units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise;

i) the Owner will use the City's Centralized Affordable Housing Access System to advertise and select tenants for the affordable rental housing units, provided it is in place, unless otherwise agreed to by the Executive Director, Housing Secretariat; and at least six (6) months in advance of any affordable rental housing unit being made available for rent, the owner shall develop and implement an Access Plan which will outline how the affordable rental housing units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat;

j) the affordable rental housing units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units erected on the site as are available and ready for occupancy.

Attachment "B"

Authority: Local Planning Appeal Tribunal Decision issued on May 13, 2019 and on June 3, 2019 and Order(s) effective on December 1, 2020 in Case PL170562

CITY OF TORONTO BY-LAW 1112-2020(LPAT)

To adopt an amendment to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2018, as 4800 Yonge Street.

Whereas the Local Planning Appeal Tribunal pursuant to its Decision issued on May 13, 2019 and on June 3, 2019 and Order(s) effective on December 1, 2020 in Case PL170562 upon hearing an appeal under Section 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable to amend the Official Plan for the City of Toronto;

The Official Plan for the City Toronto is amended by the Local Planning Appeal Tribunal:

1. The text and maps attached are adopted as an amendment to the Official Plan for the City of Toronto.

2. This is Official Plan Amendment 462.

Local Planning Appeal Tribunal Decision issued on May 13, 2019 and Order(s) effective on December 1, 2020 in Case PL170562.

AMENDMENT 462 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2018 AS 4800 YONGE STREET

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

1. Chapter 6, Section 8 (North York Centre Secondary Plan) is amended by adding the following subsection to Section 12, Site and Area Specific Policies:

33. Lands located West of Yonge Street, North of Bogert Avenue and including Albert Standing Park and the Beecroft Avenue Right-of- Way (33 on Map 8-12)

1. The above lands will be developed in such a manner that the overall development on all the lands shown on Map 8-12 as 33, which includes 4800 Yonge Street, 25 Sheppard Avenue West, the Beecroft Avenue right-of-way and Albert Standing Park, will not exceed a density of 5.4 times the lot area (14,639 square metres).

The density of 5.4 times the area of the lot includes available density incentives in Section 3.3.

2. 4800 Yonge Street

Pursuant to Section 37 of the Planning Act, the following facilities, services and/or matters are to be secured: street related retail and service commercial uses on Yonge Street; the transfer of density from the Albert Standing Park and Beecroft ROW; bicycle parking; bicycle shower and change facilities provided for commercial uses; indoor amenity; pedestrian connection to the subway station; 1640 square metres right of way conveyance; 579 square metres right of way conveyance; and, affordable rental housing;

Despite the Mixed Use Area A policies applying to the lands at 4800 Yonge Street, by-laws may be enacted to permit a mixed-use commercial and residential project consisting of:

i. a total gross floor area not exceeding 50,700 square metres of gross floor area including incentives;

ii. non-residential component of minimum 13,100 square metres of gross floor area, of which 12,500 square metres is office uses which may include up to 100 square metres of TTC connection floor area;

iii. residential gross floor area not exceeding 35,000 square metres;

iv. Except for a residential lobby and other supportive residential uses, the first six floors of the building will be restricted to non-residential uses;

v. Despite the provisions of Policy 3.3 and Figure 3.3.1, a Zoning By-law for this site may permit the provision of Affordable Housing Units as a Density Incentive.

vi. Despite the provisions of Policy 3.3 and specifically Figure 3.3.1, bicycle parking incentives will be permitted for bicycle parking spaces located on the P1 level and the 1st Floor Mezzanine level;

vii. Despite the Prime Frontage Area along Sheppard Avenue and Bogert Avenue shown on Map 8-2 and the provisions of Policies 1.15, 1.16, 2.1.3, 5.3.3(c) street related retail and service commercial uses are not required to be provided along Sheppard Avenue and Bogert Avenue;

viii. Despite the provisions of Policy 5.3.2 (h) street related retail uses may include banks and financial institutions and uses ancillary to the office component, including but not limited to meeting and conference facilities;

ix. Pursuant to Section 1.2 of APPENDIX 1 – NORTH YORK CENTRE MOTOR VEHICLE PARKING POLICY, less parking than required by Section 2.2 thereof shall be permitted;

x. Despite the provisions of Policies 5.3.2 (1), buildings on Yonge Street within 10 metres of the build-to line may have heights of up to 39 metres;

xi. Despite the provisions of Policy 5.3.3 (e) buildings on Sheppard Avenue West within 3 metres of the build-to line may have heights of up to 39 metres;

xii. Despite the provisions of Policies 5.3.2 (i) and 5.3.3 (d) (ii) individual retail/service commercial store fronts may exceed a maximum width of 14 metres;

xiii. Despite the provisions of Policies 5.3.2 (j) and 5.3.3 (d) (iii) residential and office lobbies may exceed a maximum width of 6 metres;

xiv. Despite the provisions of 5.3.3 (a), the base building will be set back approximately 4 metres from the property line adjacent to Sheppard Avenue West, except at the northwest corner of the site, adjacent to 25 Sheppard Avenue West, where the building transitions to the lot line, with no setback;

xv. Despite the provisions of Section 5.3.3.(a), the build to line for floors 2-7 will be approximately 9 metres from the roadway. However, in the event that only 12,500 square metres of office uses are developed on site, the build to line set out herein shall only apply to floors 2-6.;

xvi. Despite the provisions of Policy 5.3.5 (b) buildings on Bogert Avenue may have heights of up to 39 metres at the street frontage;

xvii. Despite Policy 6.6, common outdoor space will mean unenclosed, exterior, publicly accessible areas of the net site;

xviii. Despite the provisions of Policy 6.7(b), required private outdoor recreational space is not required to be provided at grade, but may be located on the podium rooftop; and

xix. Despite the provisions of Policy 6.7 (d), podium rooftop recreational area may be included in the calculation of the private outdoor recreational space requirement.

2. Map 8-12, North York Centre Secondary Plan, North York Centre South Site Specific Policies, is amended in accordance with Schedule '1'.

3. Map 8-8d, North York Centre Secondary Plan, Maximum Height, is amended in accordance with Schedule '2'.

4. Appendix 5 – Monitoring of Transferred Density in North York Centre South, is amended by deleting the following text:

Road Widening 4800 Yonge St. 4800 Yonge St./ 1,640 Implemented by Marathon Realty Marathon Realty By law 30687

And replacing it with:

Road 4800 Yonge St. 4800 Yonge St./ 1,640, Implemented by Widenings, Marathon Realty Marathon Realty 579, By law [TO BE Road and Park 4,249.8 ASSIGNED] Transfers

TORONTO

Schedule 1

• Secondary Plan Boundary Site Specific Poley Areas• Location of Application

North York Centre Secondary Plan

MAP 8-12 North York Centre South Site Specific Policies

File # 15 250774 NNY 23 OZ

• The shaded areas on this map are subject to the specific policies set out in the North York Centre Secondary Plan, Section 12.

This map forms part of the Official Plan and should be interpreted in conjunction with the written text.

Not to Scale 7/23/2019

TORONTO

Schedule 2

North York Centre Secondary Plan MAP 8-Bd Maximum Height Limits

File# 15 250774 NNY 23 OZ

• Secondary Plan Boundary The Lesser of 11m or 3 Storeys The Lesser of 12m or 4 Storeys The Lesser of 16m or 4 Storeys The Lesser of 24m or 7 Storeys The Lesser of 41m or 13 Storeys Maximum 65m Above Grade Maximum 1OOm Above Grade Maximum 160m Above Grade Street Facade Limit as per Section 5.3 of this Secondary Plan Relevant Residential Property Line --- (RRPL) Location of Application

Not to Scale 7/23/2019