Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 16, 2025

CASE NO.: OLT-24-001007 OLT-24-000780

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

Applicant and Appellant: 1583796 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys Reference Number: 24 113657 NNY 08 OZ Property Address: 3180 Dufferin Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001007 OLT Lead Case No.: OLT-24-001007 OLT Case Name: 1583796 Ontario 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: 1583796 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys Reference Number: 24 113657 NNY 08 OZ (21 131792 NNY 08 OZ) Property Address: 3180 Dufferin Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001008 OLT Lead Case No.: OLT-24-001007

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

Applicant and Appellant: 1583796 Ontario Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys Reference Number: 21 121793 NNY 08 SB Property Address: 3180 Dufferin Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001009 OLT Lead Case No.: OLT-24-001007

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

Appellant and Appellant: 1583796 Ontario Inc. Subject: Site Plan Description: To permit new residential/mixed-use buildings containing four towers of 18, 20, 23 and 25 storeys Reference Number: 21 250652 NNY 08 SA Property Address: 3180 Dufferin Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001010 OLT Lead Case No.: OLT-24-001007

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

Applicant and Appellant: RM Dufferin Plaza Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings Reference Number: 23 164435 NNY 08 OZ Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000780 OLT Lead Case No.: OLT-24-000780 OLT Case Name: RM Dufferin Plaza 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: RM Dufferin Plaza Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings Reference Number: 21 203752 NNY 08 OZ Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000781 OLT Lead Case No.: OLT-24-000780

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

Applicant and Appellant: RM Dufferin Plaza Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings Reference Number: 21 203753 NNY 08 Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000782 OLT Lead Case No.: OLT-24-000780

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

Appellant: RM Dufferin Plaza Inc. Subject: Site Plan Description: To permit the redevelopment of an underutilized commercial plaza surrounded by at grade parking with new residential/mixed-use buildings Reference Number: 23 164446 NNY 08 SA Property Address: 3140 - 3170 Dufferin Street and 60-68 Apex Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000783 OLT Lead Case No.: OLT-24-000780

BEFORE: ERIC S. CROWE MEMBER Wednesday, the 16th day of July, 2025

THIS MATTER, in respect of the lands at 3180 Dufferin Street ("3180 Dufferin Site") and 3140-3170 Dufferin Street and 60-68 Apex Road ("Dufferin Plaza Site) in the City of Toronto ("City"), having come for a Case Management Conference on November 28, 2024 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision on January 21, 2025; and

THE TRIBUNAL having been advised by 1583796 Ontario Inc., RM Dufferin Plaza Inc., Duff Real Estate Holdings Inc. and the City ("Parties") that a full uncontested settlement had been reached, on consent for both sites 3180 Dufferin Site and Dufferin Plaza Site;

AND THE TRIBUNAL, having received and considered:

i. A comprehensive Affidavit, sworn on July 2, 2025 by Ryan Doherty, a Registered Professional Planner and full member of the Canadian Institute of Planners;

ii. The Settlement Proposal provided on behalf of 1583796 Ontario Inc., and RM Dufferin Plaza Inc., dated May 7, 2025; and

iii. City of Toronto Council decision regarding Item CC30.10 - 3140, 3170 and 3180 Dufferin Street and 60 and 68 Apex Road - Official Plan and Zoning By-law Amendment Applications - Ontario Land Tribunal Hearing - Request for Directions adopted on May 21 and 22, 2025.

AND THE TRIBUNAL having accepted the uncontradicted expert land use planning opinion evidence of Ryan Doherty and submissions of counsel for the Parties;

AND THE TRIBUNAL having been advised that the Parties consent to the issuance of a Final Order in regard to the appeal of the Official Plan Amendment ("OPA") application;

AND THE TRIBUNAL having been advised that the Parties are jointly requesting that the issuance of a Final Order in regard to the appeal of the Zoning By-law Amendment ("ZBA") application be withheld until 1583796 Ontario Inc., and Dufferin Plaza Inc., complete certain matters to their respective sites;

AND THE TRIBUNAL finding that the requested OPA and ZBA, as revised by the settlement agreement, meet the required legislative tests, represent good planning, are in the public interest, and warrants approval for both the 3180 Dufferin Site and Dufferin Plaza Site;

NOW THEREFORE THE TRIBUNAL ORDERS

1. That the appeals of the failure of the City of Toronto to make a decision with respect to the OPA and ZBA applications, made pursuant to Sections 22(7) and 34(11) of the Planning Act, R.S.O, 1990, c. 13, as amended, respectively, are allowed in part for 3180 Dufferin Site and Dufferin Plaza Site;

2. That the amendment to the City of Toronto Official Plan attached to this Order as "Appendix 1" is approved for both the 3180 Dufferin Site and the Dufferin Plaza Site, and is in force as of the date of this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to the Official Plan Amendment for record-keeping purposes;

3. That the amendment to City of Toronto Zoning By-law 569-2013 is approved in principle, for the 3180 Dufferin Site with the Final Order withheld until the Tribunal is advised by the City Solicitor that:

a) the final form of the Zoning By-law amendment is to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning, and the City Solicitor, and includes holding provisions as follows:

i. the owner has satisfactorily addressed all matters contained in the Engineering and Construction Services Memorandum dated May 7, 2024, and any issues raised by Engineering and Construction Services, arising from the ongoing technical review of the studies listed in (b), as they relate to the subject applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. the owner has submitted or updated, as the case may be, the following reports to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: Functional Servicing Report to demonstrate adequate capacity in the storm and wastewater system and to identify any required improvements to accommodate the development of the lands, Phase Two Environmental Site Assessment Report, Hydrological Review Summary, Hydrogeological Investigation, Preliminary Geotechnical Investigation, Servicing Report Groundwater Summary, and Functional Servicing & Stage 1 Stormwater Management Report;

iii. where improvements to the municipal sewer and/or water system are recommended in the revised Functional Servicing Report as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, the Owner has entered into a financially secured agreement with the City to secure the construction of the required improvements;

iv. the owner has obtained approval of a Draft Plan of Subdivision for [ALL LANDS SHOWN ON DIAGRAM 1 OF BY-LAW] under subsections 51(31) or 51(56) of the Planning Act satisfactory to the Executive Director, Development Review and the City Solicitor;

v. the owner has submitted an addendum to the Transportation Impact Study to the satisfaction of the Executive Director, Development Review, in consultation with the Manager, Transportation Review North York District, that:

1. provides traffic analysis for the ultimate condition with the statistics for each proposed development in accordance with the zoning by-law, taking into account the removal of the east- west road and the relocation of the block driveways; and

2. satisfactorily addresses all matters contained in the Transportation Review comments in the memorandum dated August 30, 2024, except to the extent that the comments are no longer relevant as a result of the zoning by-law amendment;

b) the owner has submitted an updated Land Use Compatibility and Mitigation Study for peer review and any required mitigation measures have been secured as necessary, all at the owner's sole expense, and all to the satisfaction of the Executive Director, Development Review;

c) the owner has submitted an updated Wind Study to the satisfaction of the Executive Director, Development Review; and if necessary, the proposed Zoning By-law Amendment has been revised to address built form changes to mitigate unacceptable wind impacts that cannot be mitigated by way of matters secured through the Site Plan Control approval process; and

d) the owner has provided an updated Transportation Demand Management Plan to the satisfaction of the Executive Director, Development Review in consultation with the Manager, Transportation Review North York District;

4. That the amendment to City of Toronto Zoning By-law 569-2013 is approved in principle, for the Dufferin Plaza Site with the Final Order withheld until the Tribunal is advised by the City Solicitor that:

a) the final form of the Zoning By-law amendment is to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning, and the City Solicitor, and includes holding provisions as follows:

i. the owner has satisfactorily addressed all matters contained in the Engineering and Construction Services Memorandum dated May 7, 2024, and any issues raised by Engineering and Construction Services, arising from the ongoing technical review of the studies listed in (b), as they relate to the subject applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. the owner has submitted or updated, as the case may be, the following reports to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: Functional Servicing Report to demonstrate adequate capacity in the storm and wastewater system and to identify any required improvements to accommodate the development of the lands, Phase Two Environmental Site Assessment Report, Hydrological Review Summary, Hydrogeological Investigation, Preliminary Geotechnical Investigation, Servicing Report Groundwater Summary, and Functional Servicing & Stage 1 Stormwater Management Report;

iii. where improvements to the municipal sewer and/or water system are recommended in the revised Functional Servicing Report as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, the Owner has entered into a financially secured agreement with the City to secure the construction of the required improvements;

iv. the owner has obtained approval of a Draft Plan of Subdivision for [ALL LANDS SHOWN ON DIAGRAM 1 OF BY-LAW] under subsections 51(31) or 51(56) of the Planning Act satisfactory to the Executive Director, Development Review and the City Solicitor;

v. the owner has submitted an addendum to the Transportation Impact Study to the satisfaction of the Executive Director, Development Review, in consultation with the Manager, Transportation Review North York District, that:

1. provides traffic analysis for the ultimate condition with the statistics for each proposed development in accordance with the zoning by-law, taking into account the removal of the east- west road and the relocation of the block driveways; and

2. satisfactorily addresses all matters contained in the Transportation Review comments in the memorandum dated May 7, 2024, except to the extent that the comments are no longer relevant as a result of the zoning by-law amendment;

b) the owner has submitted an updated Land Use Compatibility and Mitigation Study for peer review and any required mitigation measures have been secured as necessary, all at the owner's sole expense, and all to the satisfaction of the Executive Director, Development Review;

c) the owner has submitted an updated Wind Study to the satisfaction of the Executive Director, Development Review; and if necessary, the proposed Zoning By-law Amendment has been revised to address built form changes to mitigate unacceptable wind impacts that cannot be mitigated by way of matters secured through the Site Plan Control approval process; and

d) the owner has provided an updated Transportation Demand Management Plan to the satisfaction of the Executive Director, Development Review in consultation with the Manager, Transportation Review North York District;.

5. That a status report will be provided by the parties to the Tribunal no later than 120 days after the date of this Order;

6. That the Tribunal may be spoken to in the event some matter should arise in connection with the implementation of this Order; and

7. That the appeals of the failure of the City of Toronto to make a decision with respect to the Draft Plan of Subdivision and Site Plan Control applications for the 3180 Dufferin Site and the Dufferin Plaza Site are adjourned sine die. The Member is not seized.

"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.

Appendix 1

Authority: Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal Files OLT-24-000780 and OLT-24-001007

CITY OF TORONTO BY-LAW 836-2025(OLT)

To adopt Amendment XXX to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2024 as 3140, 3170 & 3180 Dufferin Street and 60 & 68 Apex Road.

Whereas the proposed official plan amendment was appealed to the Ontario Land Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Decision issued on [date] in File OLT-24-000780 and OLT-24-001007 and its Orders issued on [date] in File OLT-24-000780 and OLT-24-001007, approved amendments to the Official Plan for the City of Toronto with respect to the lands;

The Ontario Land Tribunal Orders:

1. The attached Amendment XXX to the Official Plan is hereby approved pursuant to the Planning Act, as amended.

Pursuant to Ontario Land Tribunal Decisions issued on [date] and Ontario Land Tribunal Orders issued on [date] in Tribunal File OLT-24-000780 and OLT-24-001007.

AMENDMENT NO. 836 TO THE OFFICIAL PLAN LANDS MUNICIPALLY KNOWN IN THE YEAR 2024 AS 3140, 3170 & 3180 Dufferin Street and 60 & 68 Apex Road

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

1. Schedule 2, The Designation of Planned But Unbuilt Roads, is amended by deleting the following planned but unbuilt road:

Street Name From To New Link 5 (2015) New Link 2 (2015) Dufferin Street

2. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-2, Specific Block Policies Plan, is amended to delete the east-west public street on Block 7 , as shown on the attached Appendix 1.

3. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-3, Structure Plan, is amended to delete the east-west public street and to illustrate the revised parkland and privately owned publicly accessible space locations on Block 7 , as shown on the attached Appendix 2.

4. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-5, Greening Plan, is amended to delete the east-west public street and to illustrate the revised parkland and privately owned publicly accessible space locations on Block 7 , as shown on the attached Appendix 3.

5. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-6, Street Network, is amended to delete the east-west public street on Block 7, as shown on the attached Appendix 4.

6. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-7a, Pedestrian Connections, is amended to delete the east-west public street and to illustrate the east-west pedestrian route on Block 7, as shown on the attached Appendix 5.

7. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-7b, Cycling Connections, is amended to delete the east-west public street on Block 7, as shown on the attached Appendix 6.

8. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-8, Priority Retail Areas, is amended to delete the east-west public street and to illustrate the retail, park and privately owned publicly accessible space frontages on Block 7 , as shown on the attached Appendix 7.

9. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-9, Minimum Setback Plan, is amended to delete the east-west public street and to illustrate the revised Local Street setback on Block 7, as shown on the attached Appendix 8.

10. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-10, Building Type Areas, is amended to illustrate the building type changes on Block 7 , as shown on the attached Appendix 9.

11. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-11 , Maximum Density, is amended to delete the east-west public street and to increase the maximum density on Block 7, as shown on the attached Appendix 10.

12. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-12, Site-Specific Plan, is hereby deleted.

13. Chapter 6, Section 36, Dufferin Street Secondary Plan, Map 36-13 ,Conditional Site-Specific Plan, is hereby deleted.

14. Chapter 6, Section 36, Dufferin Street Secondary Plan, Section 3.7, Built Form, is amended as follows:

(a) adding the words "on Block 7" after the words "on portions of Block 14" in paragraph 4, first sentence;

Such that paragraph 4 of Section 3.7 reads as follows:

Tall buildings will be strategically located at the northern and southern extents of the Secondary Plan Area, at the intersection of the Dufferin Street and Lawrence Avenue West Avenues, on portions of Block 14, on Block 7, and on the west side of Dufferin Street near Highway 401. These tall buildings will have appropriately scaled base buildings and tower heights and locations that will transition in scale and buffer lower scale development in Neighbourhoods and Employment Areas.

15. Chapter 6, Section 36, Dufferin Street Secondary Plan, Policy 3.7.1.5, is amended by:

(a) adding the words "and areas" before the words "identified in Map 36-10" in the first sentence; and

(b) Adding the words "Tall buildings, where they are located at the northern and southern notes, will" before the words "act as gateways" in the first sentence;

Such that Policy 3.7.1.5 reads as follows:

Tall buildings will be limited to the northern and southern nodes and areas identified in Map 36-10. Tall buildings, where they are located at the northern and southern nodes, will act as gateways into the Secondary Plan Area. Tall buildings will be appropriately designed and will provide transition to adjacent Neighbourhoods and Employment Areas.

16. Chapter 6, Section 36, Dufferin Street Secondary Plan, Section 9.3, is amended as follows:

(a) deleting the words "network of new public streets" and replacing it with "new public street" in the third sentence of paragraph 1; and

(b) adding the words "and a new publicly accessible open space" after the words "a new public park" in the third sentence of paragraph 1;

Such that paragraph 1 of Section 9.3 reads as follows:

Block 7 is framed by Dufferin Street to the east, Samor Road to the north, Apex Road to the south and an Employment Area to the west. Samor Road and Apex Road provide links to the adjacent Employment Area. The vision for this large block includes a new public street and smaller blocks, a new public park, and a new publicly accessible open space. Street related mixed use development will be sensitively designed, and sensitive uses appropriately buffered from adjacent Employment Areas. Block master planning between land owners will ensure comprehensive and coordinated redevelopment.

17. Chapter 6, Section 36, Dufferin Street Secondary Plan, Policy 9.3.2, is hereby amended as follows:

(a) deleting the words "network of new local public streets" and replacing it with "new local public street" in the first sentence after the word "a"; and

(b) deleting the word "streets" and replacing it with "street" in the third sentence after the word "public";

Such that Policy 9.3.2 reads as follows:

A new local public street will be introduced through Block 7. Appropriately scaled blocks will provide address and enhanced connectivity to Dufferin Street, Samor Road and Apex Road. The location of the new public street will be determined through a comprehensive Block Master Plan process.

18. Chapter 6, Section 36, Dufferin Street Secondary Plan, Policy 9.3.4, is hereby deleted; and

19. Chapter 6, Section 36, Dufferin Street Secondary Plan, Site and Area Specific Policy 12.1 is deleted and replaced with the following:

12.1 3140, 3170 & 3180 Dufferin Street and 60 & 68 Apex Road

12.1.1 Site-specific zoning by-law amendments will be brought forward in accordance with Policy 11.13.3 for the properties municipally known as 3140, 3170 & 3180 Dufferin Street & and 60 & 68 Apex Road, respectively;

12.1.2 The calculation of density shall be in accordance with the applicable gross floor area definition in Zoning By-law 569-2013, as amended. Floor Space Index shall be calculated on a gross site area basis, including all lands to be conveyed to the City for public road or public park purposes.

12.1.3 Base building heights will be appropriately scaled in relationship to abutting public streets, as follows:

(a) along Dufferin Street: generally 5 storeys and 20.0 metres;

(b) along Apex Road and Samor Road: generally 5 storeys and a maximum of 20.0 metres east of the new north-south public street and 4 storeys and a maximum of 18.0 metres west of the new north-south public street; and

(c) along the new north-south public street: generally 4 storeys and a maximum of 18.0 metres;

12.1.4 All new building elements, including base buildings and tower elements, must comply with a 45-degree angular plane taken along the west side of Dufferin Street at a height of 80 percent of the width of the right-of-way (i.e., 24.0 metres). New buildings are not required to comply with the angular plane performance standards of the Dufferin Street Urban Design Guidelines along Apex Road, Samor Road the new north south-public street;

12.1.5 Above the base building height, the tower portion of a building will step back a minimum 3.0 metres from the base building façade along all public streets, public park and privately owned publicly accessible space (POPS) frontages. West of the new north-south public street, a tower may step back a minimum 2.0 metres from the base building façade along the south boundary of the public park;

12.1.6 New tall buildings are required to provide a minimum tower separation of 25 metres.

12.1.7 Below grade structures are permitted within any required building setback, excluding those along Dufferin Street;

12.1.8 Upon completion of a land use compatibility study for each development site, in accordance with the applicable Ontario Environmental Land Use Planning Guideline D-6 Compatibility Between Industrial Facilities requirements to the satisfaction of the Executive Director, Development Review, and General Manager, Parks and Recreation, the following additional uses, beyond those listed in Policy 3.6.2, are permitted within the rear 20-metre setback from Employment Areas:

(a) privately owned publicly accessible space (POPS);

(b) public park; and

(c) residential, commercial and retail uses;

12.1.9 A new public park will be provided, generally as shown on Map 36-3, Structure Plan, and Map 36-5, Greening Plan. The public park will be split across the 3140, 3170 & 3180 Dufferin Street & and 60 & 68 Apex Road development sites to create one contiguous unencumbered park;

(a) The unencumbered parkland dedication will be a minimum of 10 percent of each development site, net of any conveyances for public road allowances, and in the location conceptually shown on Map 36-3, Structure Plan and Map 36-5, Greening Plan;

(b) All public parkland must have frontage on a public street, with all public infrastructure and servicing required for the parkland to be located within a public right-of-way;

(c) A minimum setback of 5 metres will be provided between all public parkland boundaries and any adjacent building face;

(d) should portions of the onsite public parkland not be deemed acceptable according to the results of the peer-reviewed land use compatibility study as per Section 12.1.9 above, the residual parkland requirement will be satisfied by a payment of cash-in-lieu made prior to the issuance of the first above-grade building permit for any building on the corresponding development site that the parkland is associated with;

12.1.10 Land for the new north-south public street and the public parkland may be conveyed to the City in a phased manner, and the design, construction and timing of conveyance will be secured through the corresponding Draft Plan(s) of Subdivision for each phase of development;

12.1.11 A contiguous POPS area will be provided, generally as shown on Map 36-3, Structure Plan, and Map 36-5, Greening Plan. The open space area will be split across the 3140, 3170 & 3180 Dufferin Street & and 60 & 68 Apex Road development sites.

(a) upon full build out of Block 7, the open space area will accommodate an east-west multi-use trail, pedestrian amenities and soft landscaping between Dufferin Street and the new north-south public street. Should the development of Block 7 be phased such that the entire POPS cannot be constructed at the same time, a temporary open space area will be provided on the corresponding phase of development in the interim condition, and will provide pedestrian access between Dufferin Street and the new north-south public street;

12.1.12 Driveways are permitted off of, and all parking garages will be accessed from, the new north-south public street;

12.1.13 Prior to full build-out, existing permitted uses including surface parking and retail uses, will continue to be permitted, and may be expanded, on the unbuilt portions of Block 7 that are subject to future phases of development. Such uses shall not preclude the redevelopment of future phases;

12.1.14 Any changes made through rezoning, minor variance or consent applications, or other public action, will satisfy applicable statutory requirements; and

12.1.15 The new public street as shown on Map 36-6, Street Network, shall align, subject to a tolerance for an offset to the alignment of up to 0.5 metres, with the intersection of the planned public street with dimensions and location as delineated on Schedule 2 of City of Toronto By-law 83-2023.

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Appendix 5

Appendix 6

Appendix 7

Appendix 8

Appendix 9

Appendix 10