Yonge Park Plaza Inc. v Toronto City

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE: June 2, 2022

CASE NO.:

OLT-22-002274

(PL200441)

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

P.13, as amended

Applicant and Appellant:

Subject:

Yonge Park Plaza Inc.

Request to amend the Official Plan - Failure of City of

Toronto to adopt the requested amendment

To permit 2 towers comprised of residential, office, retail,

restaurants, and hotel uses.

4050 Yonge Street

Purpose:

Property Address:

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

20 115845 NNY 08 OZ

OLT-22-002274

Legacy Case No.:

OLT Lead Case No.:

Legacy Lead Case No.:

OLT Case Name:

PL200441

OLT-22-002274

PL200441

Yonge Park 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:

Subject:

Yonge Park Plaza Inc.

Application to amend Zoning By-law No. 7625 - Refusal or

neglect of City of Toronto to make a decision

To permit 2 towers comprised of residential, office, retail,

restaurants, and hotel uses.

4050 Yonge Street

Purpose:

Property Address:

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No:

20 115845 NNY 08 OZ

OLT-22-002275

Legacy Case No.:

OLT Lead Case No.:

Legacy Lead Case No.:

PL200442

OLT-22-002274

PL200441

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

P.13, as amended

Subject:

Site Plan

Property Address/Description:

Municipality:

OLT Case No.:

4050 Yonge Street

City of Toronto

OLT-22-002279

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OLT-22-002274

Legacy Case No.:

PL200443

OLT Lead Case No.:

Legacy Lead Case No.:

OLT-22-002274

PL200441

BEFORE:

Thursday, the 2nd dayof

June, 2022

M. A. SILLS

VICE-CHAIR

)

THESE MATTERS having initially come on for a public settlement hearing before the

Tribunal on May 27, 2022;

AND THE TRIBUNAL having issued its Oral Decision on May 27, 2022 which allowed

the appeals in part and approved in principle a development proposal for the properties

known municipally in the City of Toronto as 4050 Yonge Street (the “Property”);

NOW THEREFORE THE TRIBUNAL ORDERS, in accordance with the Oral Decision,

that:

1. the appeal of the request to amend the City of Toronto Official Plan made by

Yonge Park Plaza Inc. and assumed by Yonge City Square Inc. (the "Appellant")

is granted, in part, and approval of the Official Plan Amendment attached as

Attachment 1 hereto but withholds its final Order amending the City of Toronto

Official Plan subject to the satisfaction of the matters set out in paragraph 4

below;

2. the appeal of the zoning by-law amendment application made by the Appellant is

granted, in part and approval of the Zoning By-law Amendment attached as

Attachment 2 hereto but withholds its final Order amending the City of Toronto

Zoning By-law 569-2013 subject to the satisfaction of the matters set out in

paragraph 4 below;

3. appeal of the site plan control application made by the Appellant is granted, in

part, and approval of the Notice of Approval Conditions attached as Attachment 3

hereto but withholds its final Order granting site plan approval subject to the

satisfaction of the matters set out in paragraph 5 below;

4. the final Order amending the City of Toronto Official Plan and City of Toronto

Zoning By-law 569-2013 to permit the development is withheld until the Tribunal

has been advised in writing by the City Solicitor that the owner of the lands

subject to the request to amend the City of Toronto Official Plan and the

application to amend the applicable zoning by-law(s) has signed and registered

in priority a Section 37 Agreement securing such matters, services and facilities

to be provided by the owner of the lands at its own expense pursuant to Section

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OLT-22-002274

37 of the Planning Act, R.S.O. 1990, c.P.13, as amended, and any other matters

necessary to support the development, satisfactory to the Chief Planner and

Executive Director, City Planning in consultation with the Ward Councillor;

5. the final Order pursuant to subsection 114(16) of the City of Toronto Act, 2006,

S.O. c. 11, Sched. A, as amended, approving the plans and drawings listed in the

Notice of Approval Conditions is withheld until the Tribunal has been advised in

writing by the City Solicitor that the Appellant has satisfied the conditions of

approval listed in Part A and Part B of Attachment 3 to the satisfaction of the

identified City Official;

6. the Tribunal may be spoken to in the event that there are difficulties in satisfying

the above conditions for the issuance of the Tribunal's final Order in respect of

any of the above mentioned appeals.

“Euken Lui”

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.

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OLT-22-002274

ATTACHMENT 1

Draft Official Plan Amendment

Authority:

Ontario Land Tribunal issued on ~ and its Order issued, 20~, in Tribunal Case

PL200441

CITY OF TORONTO

BY-LAW XXX

Bill XXX

To adopt Amendment 578 to the Official Plan for the City of Toronto

respecting the lands known municipally in the year 2021 as 4050 Yonge Street

Whereas the Ontario Land Tribunal pursuant to its Decision/Order issued on ~ , and on ~ in

respect of Tribunal File PL200441, deems it advisable to amend the Official Plan for the City of

Toronto, with respect to lands municipally known in the year 2021 as 4050 Yonge Street;

The Ontario Land Tribunal Orders as follows:

1. The attached Amendment No. 578 to the Official Plan is hereby approved.

PURSUANT TO THE DECISION OF THE ONTARIO LAND TRIBUNAL ISSUED

ON ~ AND ITS ORDER ISSUED ON ~ IN TRIBUNAL CASE PL200441

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City of Toronto By-law No. ~~-20~

________________________________________________________________________

AMENDMENT NO. 578 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS 4050 YONGE STREET

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

1.

Chapter 7, Site and Area Specific Policies, Site and Area Specific Policy No. 90 is

amended for the lands known municipally in 2021 as 4050 Yonge Street by deleting the

text and replacing it with the following text:

"90. Northwest of Wilson Avenue and Yonge Street, and Southeast of York Mills

Road and Yonge Street:

a)

b)

c)

For the lands located at the north-west corner of Wilson Avenue and

Yonge Street, shown as Parcel 'Aʼ, a maximum density of 8.29 times the

lot area is permitted and a maximum building height of 232.85 metres (not

including mechanical penthouse) above sea level is permitted.

For Parcel 'A', the lands below the Long Term Stable Top of Slope

(LTSTS) and/or the 10 metre buffer lands inland of the Long Term Stable

Top of Slope may be used for a Below-grade Hydro Switch Room and/or

a Dewatering Outlet Discharge Spillway.

For Parcel 'Bʼ, a maximum building height, inclusive of superstructures,

pipes and chimneys, of 163 metres above sea level is permitted, provided

the building height does not obstruct sight lines across the valley, from

top-of-bank to top-of-bank”.

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ATTACHMENT 2

Draft Zoning By-law Amendment – May 25, 2022

Authority:

Ontario Land Tribunal Decision issued on ~ and its Order issued on ~ in Tribunal

Case PL200441

CITY OF TORONTO

BY-LAW No. ####-2022 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally

known in the year 2021 as 4050 Yonge Street.

Whereas the Ontario Land Tribunal pursuant to its Decision/Orders issued on ~, and on ~ in

respect of Tribunal File PL200441, 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 Zoning By-law for the

City of Toronto, being By-law 569-2013, as amended, with respect to lands municipally known

in the year 2021 as 4050 Yonge Street; and

Whereas the Official Plan for the City of Toronto contains provisions relating to the

authorization of increases in height and density of development; and

Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning

Act, may authorize increases in the height and density of development beyond those otherwise

permitted by the by-law and that will be permitted 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 and matters in return for an increase in the height or density of

development, the 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 aforesaid lands has elected to provide the facilities, services and

matters hereinafter set out; and

Whereas the increase in height and density permitted beyond that otherwise permitted on the

aforesaid lands by By-law No. 569-2013, as amended, is permitted in return for the provision of

the facilities, services and matters set out in this By-law which is secured by one or more

agreements between the owner of the land and the City of Toronto; and

Now therefore pursuant to the Order of the Ontario Land Tribunal, By-law No. 569-2013, as

amended, is further amended as follows:

1.

The lands subject to this By-law are outlined by heavy black lines on Diagram 1

attached to this By-law.

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OLT-22-002274

2.

3.

The words highlighted in bold type in this By-law have the meaning provided in

Zoning By-law 569-2013, Chapter 800 Definitions.

Zoning By-law 569-2013, as amended, is further amended by adding the lands

subject to this By-law to the Zoning By-law Map in Section 990.10, and applying

the following zone labels: CR 1.0 (c1.0; r1.0) SS2 (x581) and ON as shown on

Diagram 2 of this By-law.

4.

5.

Zoning By-law 569-2013, as amended, is further amended by adding the lands

subject to this By-law to the Policy Area Overlay Map in Section 995.10.1 and

applying the following Policy Area label to these lands: PA3, as shown on Diagram

3 of this By-law.

Zoning By-law 569-2013, as amended, is further amended by adding the lands

subject to this By-law to the Height Overlay Map in Section 995.20.1 and applying

the following height label to these lands: HT 39.5, as shown on Diagram 4 of this

By-law.

6.

7.

Zoning By-law 569-2013, as amended, is further amended by adding the lands

subject to this By-law to the Lot Coverage Overlay Map in Section 995.30.1 and the

Rooming House Overlay map in Section 995.40.1 with no label.

Zoning By-law 569-2013, as amended, is further amended by adding to Article

900.11.10 Exception Number 581 so it reads:

(581) Exception CR 581

The lands, or a portion thereof as noted below, are subject to the following Site

Specific Provisions, Prevailing By-laws and Prevailing Sections.

Site Specific Provisions:

(A) On 4050 Yonge Street, as shown on Diagram 1 of By-law [Clerks to insert By-

law Number], if the requirements of Section 10 and Schedule A of By-law

[Clerks to insert By-law Number] are complied with, a building or structure,

may be constructed, used or enlarged in compliance with (B) to (N) below;

(B) Despite Regulation 40.5.40.10(1) and (2), the height of a building or structure

is measured as the vertical distance between the Canadian Geodetic Datum

elevation of 133.35 metres and the elevation of the highest point of the

building or structure;

(C) Despite Regulation 40.10.40.1(1), residential use portions of a building may be

located above non-residential use portions of a building;

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OLT-22-002274

(D) Despite Regulation 40.10.40.10(2), the permitted maximum height of any

building or structure is the numerical value, in metres, following the letters

“HT” as shown on Diagram 5 of By-law [Clerks to insert By-law Number];

(E) Despite Regulations 40.5.40.10(3), (4), (5), (6), (7) and (8) and Regulation (D)

above, the following elements of a building or structure may project above the

permitted maximum heights shown on Diagram 5 of By-law [Clerks to insert

By-law Number]:

i. parapets, fences and safety railings, planters and elements or structures

on the roof of the building used for outside or open-air recreation, safety

or wind protection purposes, and landscape features, elements of a green

roof, heating, ventilation or cooling equipment such as chimneys,

mechanical roof, stacks and flues all of which may exceed the permitted

maximum height by 3.5 metres;

(F) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area is

51,250 square metres, of which:

i. A minimum interior floor area of 1,500 square metres is required for

all

uses

listed

in

Regulations

40.10.20.10(1)(A)

and

40.10.20.20(1)(A), with the exception of office uses;

ii. A minimum interior floor area of 3,900 square metres is required for

office uses;

(G) Despite Regulation 40.10.40.70(2) and 40.10.40.80(2), the required minimum

building setbacks and main wall separation distance are as shown in metres on

Diagram 5 of By-law [Clerks to insert By-law Number];

(H) Despite Regulations 40.5.40.60(1), Clause 40.10.40.60 and (G) of this

Exception, the following building elements and structures are permitted to

encroach into the required minimum building setbacks and main wall

separation distance shown on Diagram 5 of By-law [Clerks to insert By-law

Number]:

i. cornices, lighting fixtures, architectural features, signs, ornamental

structures, trellises, canopies, columns, window washing equipment,

stairs, heritage features, mechanical fans, balustrades, safety or wind

protection measures, elements of a green roof and landscape features,

by a maximum of 1.8 metres;

(I) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must

be provided at a minimum rate of:

i. for office, 1.0 parking spaces per 100 square metres of gross floor

area, of which:

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OLT-22-002274

a. the parking occupancy rate is 100% in the A.M., 100% in the P.M.

and 10% in the evening;

ii. for all uses listed in clauses 40.10.20.10 and 40.10.20.20, with the

exception of dwelling units, eating establishments, and offices, 1.0

parking spaces per 100 square metres of gross floor area, of which:

a. the parking occupancy rate is 35% in the A.M., 100% in the P.M.

and 95% in the evening;

iii. for eating establishments, 16 parking spaces per 100 square metres

of gross floor area, of which:

a. the parking occupancy rate is 30% in the A.M., 75% in the P.M.

and 100% in the evening;

iv. for visitors to dwelling units, 0.1 parking spaces for each dwelling

unit in the building, of which:

a. the parking occupancy rate is 10% in the A.M., 35% in the P.M.

and 100% in the evening;

v. for each dwelling unit in the building, 0.35 parking spaces for the

use of residential occupants, of which:

a. the parking occupancy rate is 100% in the A.M., P.M. and the

evening; and

vi. For the purpose of applying the parking occupancy rate in this

exception, A.M. is 6:00 a.m. to 11:59 a.m., P.M. is 12:00 p.m. to 5:59

p.m., and evening is 6:00 p.m. to 5:59 a.m. the following day;

(J) Despite Regulation (I) of this Exception, if a "car-share parking space" is

provided the required parking spaces for residents of the dwelling units is

reduced by 4 parking spaces, up to a maximum of 5 "car-share parking

spaces";

(K) For the purposes of this Exception:

i. "Car-share" is 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 not be refundable; and

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OLT-22-002274

ii. a "car-share parking space" is a parking space that is exclusively

reserved and actively used for "car-sharing";

(L) Despite Clause 220.5.10.1, loading spaces must be provided as follows:

i. 1 Type “G” loading space;

ii. 1 Type “B” loading space; and

iii. 2 Type “C” loading spaces; and

(M)Despite Regulation 230.40.1.20(2) a “short-term” bicycle parking space may

be more than 30 metres from a pedestrian entrance to the building on the lot;

(N) A minimum of 10 percent of the total number of dwelling units on the lot must

contain three or more bedrooms and a minimum 35 percent of the total number

of dwelling units on the lot must contain two bedrooms or more.

Prevailing By-laws and Provisions: (None Apply)

8.

9.

Nothing in By-law 569-2013 shall apply to prevent a Dewatering Outlet Discharge

Spillway within the Lands below the Long Term Stable Top of Slope (LTSTS) and

a Below-ground Hydro Switch Building within the 10 metre buffer lands inland of

the Long Term Stable Top of Slope, as shown on Diagram 6 attached to this By-

law.

Despite any future severance, partition or division of the lands shown on Diagram 1,

the provisions of this By-law shall apply as if no severance, partition or division

occurred.

10. Section 37 Provisions

(A) Pursuant to Section 37 of the Planning Act, and subject to compliance with this

By-law, the increase in height and density of the development is permitted

beyond that otherwise permitted on the lands shown on Diagram 1 in return for

the provision by the owner, at the owner's expense of the facilities, services and

matters set out in Schedule A hereof and which are secured by one or more

agreements pursuant to Section 37(3) of the Planning Act that are in a form and

registered on title to the lands, to the satisfaction of the City Solicitor.

(B) Where Schedule A of this By-law requires the owner to provide certain facilities,

services or matters prior to the issuance of a building permit, the issuance of

such permit shall be dependent on satisfaction of the same.

(C) The owner shall not use, or permit the use of, a building or structure erected

with an increase in height and density pursuant to this By-law unless all

provisions of Schedule A are satisfied.

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PURSUANT TO THE DECISION OF THE ONTARIO LAND TRIBUNAL ISSUED ON ~

AND ITS ORDER ISSUED ON ~ IN TRIBUNAL CASE PL200441

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OLT-22-002274

SCHEDULE A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City by the

owner at the owner's expense in return for the increase in height and density of the proposed

development on the lot as shown on Diagram 1 attached to this By-law in accordance with and

as secured in an agreement or agreements under Section 37(3) of the Planning Act (the "Section

37 Agreement"), whereby the owner agrees as follows:

1. Prior to the first above grade building permit issued for the lot, the owner shall make a

cash payment to the City in the amount of $1.0 million to be allocated towards

improvements to path and trails within the West Don River Valley area adjacent to the

site, improvements to Stewart A. McGregor Parkette, improvements to York Mills Valley

Park, and improvements to the Don Valley Golf Course facility, to the satisfaction of the

Chief Planner and Executive Director, City Planning in consultation with the Ward

Councillor.

2. The cash contribution referred to in paragraph 1 of this Schedule A shall be indexed

upwardly in accordance with the Statistics Canada Non-Residential Construction Price

Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada

in Building Construction Price Indexes Publication 18-10-0135-01, or its successor,

calculated from the date of the Section 37 Agreement to the date of payment.

3. In the event the cash contribution referred to in paragraph 1 of this Schedule A has not

been used for the determined purpose within three (3) years after the amending Zoning

By-law coming into full force and effect, the cash contribution may be redirected for

another purpose, at the discretion of the Chief Planner and Executive Director, City

Planning, in consultation with the Ward Councillor, provided the purpose is identified in

Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands.

4. The owner shall design, finance and construct an at grade/below-grade pedestrian tunnel

connection linking the proposed development to the York Mills Subway Station on the

east side of Yonge Street at no cost to the City or the Toronto Transit Commission,

including the supply and installation of payment turnstiles/gates that provide access to

York Mills Subway Station via the Toronto Transit Commission entrance connection (if

determined to be required by the Toronto Transit Commission), and such below-grade

Toronto Transit Commission entrance connection shall be designed, constructed, repaired

and maintained to the City and Toronto Transit Commission standards at the sole cost

and expense of the owner, to the satisfaction of the Chief Planner and Executive Director,

City Planning in consultation with the Toronto Transit Commission.

The Section 37 Agreement will also secure the following matters as a legal convenience to

support the development:

5. Prior to the earlier of any residential use and the registration of the first residential

condominium within the site under the Condominium Act, the owner will complete the

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OLT-22-002274

Toronto Transit Commission Entrance Connection, at the sole cost and expense of the

owner, and at no cost to the City or the Toronto Transit Commission, and a public access

easement, or license as applicable, shall be provided to the City concurrently to provide

access through the interior of the proposed development to the Toronto Transit

Commission entrance connection to the York Mills Subway Station in a manner and form

satisfactory to the Director, Real Estate Services, the Toronto Transit Commission, and

the City Solicitor;

6. Pursuant to the site plan control application process but in any event prior to the issuance

of the first above grade building permit for any part of the lot and prior to any works

conducted within or below Yonge Street as it relates to the Toronto Transit Commission

Entrance Connection, the owner shall obtain all necessary approvals and enter into a

Tunnel Encroachment Agreement and/or an Entrance Connection Easement Agreement

with the City and/or the Toronto Transit Commission, at no cost to the City and/or

Toronto Transit Commission, regarding the Toronto Transit Commission Entrance

Connection, which shall include the required maintenance, licensing permissions, any

required letters of credit prior to the construction for a period of time as specified in the

agreement, insurance, indemnity and any necessary provisions, to the satisfaction of the

General Manager, Transportation Services, the Director, Real Estate Services, and the

Toronto Transit Commission, and with such agreement(s) entered into, executed and

registered on title satisfactory to the City Solicitor and subject to the following:

i. the owner shall be responsible for all costs relating to the preparation, execution

registration of the Tunnel Encroachment Agreement and/or the Entrance Connection

Easement Agreement, including, without limiting the generality of the foregoing: a

Toronto Transit Commission Entrance Connection Fee as determined by the Toronto

Transit Commission; the costs for providing any surveys or reference plans that may

be required by the City and/or the Toronto Transit Commission; and all the

registration costs relating to the registration of such agreements on title to lands

owned by the owner in first priority subject to such permitted encumbrances as may

be permitted by the City; and

ii. the owner satisfy any required pre-conditions and post-conditions, including any

agreements, easements, maintenance arrangements, and fees of the Toronto Transit

Commission and the City in relation to the Toronto Transit Commission Entrance

Connection, to the satisfaction of the General Manager, Transportation Services, the

Toronto Transit Commission, and the City Solicitor, in consultation with the Chief

Planner and Executive Director, City Planning.

7. The owner shall convey to the City, for nominal consideration and at no cost to the City

or the Toronto Transit Commission, all licences and/or public access easements, as may

be required for public use of the Toronto Transit Commission entrance connection to be

provided within the lot, including any space internal to buildings erected within the lot as

required to access the Toronto Transit Commission entrance connection, and all

pedestrian tunnels within the Lands that adjoin the lot to the east and to the north, in

accordance with the terms of the Section 37 Agreement and the Entrance Connection

Easement Agreement, to the satisfaction of the City Solicitor and the Toronto Transit

Commission;

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OLT-22-002274

8. Prior to the earlier of the registration of the first condominium corporation within the

subject lands, the first residential occupancy of any part of the lot, the owner shall grant a

surface easement to the City along the Yonge Street frontage of the site to secure a

pedestrian clearway of no less than 10 metres in width along the entire Yonge Street

frontage of the lot, to the satisfaction of the Chief Engineer and Executive Director,

Engineering and Construction Services;

9. The owner shall provide and maintain on-site transportation demand management

measures as set out in the Transportation Demand Management Plan prepared by the BA

Group, dated November 3, 2021, attached as Confidential Attachment 7 to the report

(December 6, 2021) from the City Solicitor, to the satisfaction of the Chief Planner and

Executive Director, City Planning; and

10. The owner will construct and maintain the development of the site in accordance with

Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2,

Toronto Green Standard, or higher, where appropriate, consistent with the performance

standards of Toronto Green Standards applicable at the time of the site plan application

for each building on the site.

11. Prior to the issuance of the first above grade building permit for any part of the lot, the

Owner shall to convey the fee simple interest in the part of the lot zoned Open Space (ON) by

this By-law (the "Conservation Lands") to the City for nominal consideration, subject to an

easement or license interest in favour of the Owner, to be determined by the Chief Planner

and Executive Director, City Planning or their designate, in consultation with the City

Solicitor, permitting access to and requiring the maintenance, repair, and replacement of

drainage works for development of the lot at no cost to the City and at the sole responsibility

of the Owner, inclusive of an indemnity from the Owner in favour of the City and insurance,

but otherwise the Conservation Lands shall be free and clear of all other encumbrances, to the

satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

12. Prior to the registration of the conveyance of the Conservation Lands, the Owner shall

undertake the environmental remediation and/or risk assessment of the Conservation

Lands at no cost to the City and in accordance with City standards as required by and to

the satisfaction of the General Manager, Parks, Forestry and Recreation.

13. Prior to the issuance of the first building permit issued for any part of the lot, the Owner

shall install tree protection hoarding and erosion and sediment control fencing within the

Conservation Lands, to the satisfaction of the General Manager, Parks, Forestry and

Recreation.

14. Prior to the issuance of the first above grade building permit for any part of the lot, the

Owner shall provide a ravine stewardship plan for the Conservation Lands and provide

financial security in an amount equivalent to 100 percent of the cost to implement the

ravine stewardship plan which has been determined to be no less than approximately

$130,000 in Canadian funds to be indexed upwardly in accordance with the Statistics

Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan

Area, reported quarterly by Statistics Canada in Building Construction Price Indexes

Publication 18-10-0135-01, or its successor, to secure the implementation of the ravine

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OLT-22-002274

stewardship plan, to the satisfaction of the General Manager, Parks, Forestry and

Recreation.

15. Prior to the earlier of the registration of the first condominium in respect of any part of

the lot and the first residential use of any part of the lot, the Owner shall implement the

ravine stewardship plan for the Conservation Lands, to the satisfaction of the General

Manager, Parks, Forestry and Recreation.

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ATTACHMENT 3

Draft Notice of Approval Conditions

Notice of Approval Conditions for Site Plan Control Application No. 20 115847 NNY 08 SA

Municipal Address: 4050 Yonge Street, Toronto, Ontario

Mixed use development containing a 14-storey building with 190 residential units and a

28-storey building with 526 units, a total of GFA of 81,706 square metes and a 4-level

below-grade parking structure with 492 parking spaces

CON 1 WYS PT LOT 11 PLAN 204 PT LOTS 98 TO 104 RP 66R22242 PARTS 2 TO 4 AND

PT PART 1

Ward 8 - Eglinton-Lawrence

The Ontario Land Tribunal ("OLT") has heard evidence on the site plan control appeal (Case

No. PL200441) to permit the proposed development as outlined in the following plans and

drawings:

Drawing Drawing Title

No.

Prepared By

IBI Group

Drawing Date

A.02

Context Plan & Site

January 29, 2020 as revised to May

16, 2022

Statistics

A.03

Site Plan

January 29, 2020 as revised to May

16, 2022

A.05.1

A.05.2

A.06

P4 Parking Level

P3 Parking Level

P2 Parking Level

P1 Parking Level

Ground Floor Plan

Mezzanine Floor Plan

January 29, 2020 as revised to May

16, 2022

January 29, 2020 as revised to May

16, 2022

January 29, 2020 as revised to May

16, 2022

A.07

January 29, 2020 as revised to May

16, 2022

A.08

January 29, 2020 as revised to May

16, 2022

A.09

January 29, 2020 as revised to May

16, 2022(for the purposes of

identifying the common amenity

areas)

A.10

West Building 2 Floor

Plan, East Building 2

Floor Plan

IBI Group

January 29, 2020 as revised to May

16, 2022 (for the purposes of

identifying the common amenity

23

OLT-22-002274

Drawing Drawing Title

No.

Prepared By

Drawing Date

areas)

A.12

A.14

A.15

A.19

A.20

A.23

A.24.1

West Building 5 Floor

Plan, East Building 4

Floor Plan

IBI Group

January 29, 2020 as revised to May

16, 2022(for the purposes of

identifying the common amenity

area and 3rd storey green roof)

West Building 9 Floor

Plan, East Building 8

Floor Plan

January 29, 2020 as revised to May

16, 2022 (for the purposes of

identifying the common amenity

area and 8th storey green roof)

West Building 10 Floor

Plan, East Building 9

Floor Plan

January 29, 2020 as revised to May

16, 2022 (for the purposes of

identifying the common amenity

area)

West Building 11-27

Floor Plan, East

Building 14 Floor Plan

January 29, 2020 as revised to May

16, 2022 (for the purposes of

identifying the 13th storey green

roof)

15-27 Floor Plan

Roof Plan

January 29, 2022 as revised to May

16, 2022 (for the purposes of

identifying the Upper Mechanical

Penthouse green roof)

January 29, 2020 as revised to May

16, 2022 (for the purposes of

identifying the 28th storey green

roof)

Building Section 1-1,

East-West Section

Looking North

January 29, 2020 as revised to May

16, 2022 (for the purposes of

illustrating compliance with a 45

degree angular plane from Yonge

Street)

A.25.1

A.25.2

A.25.3

A.25.4

Building Elevations,

North Elevation

IBI Group

January 29, 2020 as revised to May

16, 2022

Building Elevations,

East Elevation

January 29, 2020 as revised to May

16, 2022

Building Elevations,

South Elevation

January 29, 2020 as revised to May

16, 2022

Building Elevations,

West Elevation

January 29, 2020 as revised to May

16, 2022

24

OLT-22-002274

Drawing Drawing Title

No.

Prepared By

Drawing Date

A.25.5

A.25.6

A.25.7

A.25.8

A.26.1

A.26.2

L1

Partial South Elevation

IBI Group

January 29, 2020 as revised to May

16, 2022

Partial West Elevation

Partial East Elevation

January 29, 2020 as revised to May

16, 2022

January 29, 2020 as revised to May

16, 2022

Entrance/Drop-Off Area IBI Group

3D Perspective

January 29, 2020 as revised to May

16, 2022

Building Renderings

IBI Group

January 29, 2020 as revised to May

16, 2022

Building Renderings

IBI Group

January 29, 2022 as revised to May

16, 2022

Landscape Hardscape

and Lighting Plan

NAK design

strategies

January 22, 2020 as revised to May

20, 2022

L2

Landscape Planting &

Soil Volume Plan

NAK design

strategies

January 22, 2020 as revised to May

20, 2022

L3

Ground Floor Irrigation

NAK design

strategies

January 22, 2020 as revised to May

20, 2022

L4

2nd, 6th, and 7th Floor

Amenity Terrace &

Lighting Plan

NAK design

strategies

January 22, 2020 as revised to May

20, 2022

L5

Green Roof Plan and

Details

NAK design

strategies

January 22, 2020 as revised to May

20, 2022

L6

Green Roof Irrigation

City Standard Details

Landscape Details

Landscape Sections

NAK design

strategies

March 23, 2021 as revised to May

20, 2022

L7

NAK design

strategies

January 22, 2020 as revised to May

20, 2022

L8

NAK design

strategies

January 22, 2020 as revised to May

20, 2022

L9

NAK design

strategies

January 22, 2020 as revised to May

20, 2022

PH-02

PH-03

Electrical Amenity

Photometrics

ABLEngineering May 18, 2022

Electrical Amenity

ABLEngineering May 18, 2022

25

OLT-22-002274

Drawing Drawing Title

No.

Prepared By

Drawing Date

Details

The OLT will issue a final Order approving the plans and drawings associated with the appeal

subject to the Owner

 providing information and materials as set out in Part A of this document to the

satisfaction of the named City Official,

 revising plans and drawings to the satisfaction of the named City Official as set out in

Part A of this document, and

 fulfilling all pre-approval conditions to the satisfaction of the named City Official as set

out in Part B of this document.

The OLT's endorsement of this Exhibit does not constitute site plan approval. The Tribunal will

withhold its final order approving the above plans and drawings pending receipt of written

confirmation from the City Solicitor for the City of Toronto that the owner has revised plans as

set out in this Exhibit and satisfied all the pre-approval conditions in this Attachment.

All references to named officials are with respect to the officials of the City of Toronto.

It is the owner’s responsibility to work with the respective City divisions to satisfy the pre-

approval conditions set out below. In the event issues may arise, the Tribunal may be spoken

to.

A. REQUIRED ADDITIONAL INFORMATION AND REVISIONS TO PLANS AND DRAWINGS

1.

The following notation is to be added to Drawing L1 and L2: "Planting densities in the 10

metre buffer area are approximate only and final planting densities for this area will be

determined in a Ravine Stewardship Plan that is satisfactory to the General Manager,

Parks, Forestry, and Recreation (RNFP) prior to the issuance of the first building permit

for lands."

B. PRE-APPROVAL CONDITIONS

LEGAL SERVICES – Stephanie Morrow, Supervisor of Law Clerks - (416) 397-5379

1.

2.

Prior to final site plan approval, the Owner shall enter into the City’s standard site plan

agreement to and including registration of the site plan agreement on title to the subject

lands by the City at the Owner’s expense.

Prior to final site plan approval, the Owner shall enter into an agreement of purchase

and sale with the City in respect of the lands necessary for the development and which

are owned by the City and legally described as Parts 1 and 2 as shown on Reference

Plan 66R-26058, to the satisfaction of the City Solicitor.

26

OLT-22-002274

ENGINEERING AND CONSTRUCTION SERVICES – Natasha Ioannidis, P. Eng. (416) 395-

6282 / [email protected]

Facilities to Provide Access to and from the Land

3.

Prior to final site plan approval, the Owner is to make satisfactory arrangements with

Engineering & Construction Services including, if required by the Chief Engineer and

Executive Director, Engineering & Construction Services, for all works related to the

development within the City's Rights-of-Way abutting the site to provide access to and

from the land and provide financial security equal to 120% of the cost of the works

proposed within the City's Rights-of-Way, to the satisfaction of the Chief Engineer and

Executive Director, Engineering & Construction Services. Prior to final site plan

approval, the Owner shall submit engineering and inspection fees in the amount of 5%

of the cost of the above mentioned financial security and provide an insurance certificate

in the form and with the content satisfactory to the of the Chief Engineer and Executive

Director, Engineering & Construction Services.

4.

Prior to final site plan approval, the Owner shall submit a payment in the form of a

certified cheque equal to 100% of the cost for pavement marking and signage

modifications along Wilson Avenue and Yonge Street within the site frontage, to the

satisfaction of the Chief Engineer and Executive Director, Engineering & Construction

Services.

Methane

5. Prior to final site plan approval, the Owner shall retain a qualified person (as that term

is defined in Ontario Regulation 153/04) (the "Qualified Person") to conduct a subsurface

investigation of the site for the possible presence of methane gas within the subject

lands in accordance with terms of reference for such an investigation attached hereto as

Attachment 1 and the Qualified Person shall prepare and file a report, together with

accompanying certifications (herein referred to as the "Methane Report"), stating

whether or not the results of the investigation are methane gas is detected at or above

1% volume of air at any subsurface location within the site, to the satisfaction of the

Chief Engineer and Executive Director, Engineering & Construction Services.

CITY PLANNING (including Urban Design, Transportation Planning, Heritage

Preservation Services) – Cathie Ferguson, Senior Planner – (416) 395 - 7117

6.

Prior to final site plan approval, the Official Plan Amendment and Zoning By-law

Amendments (Application No.: 20 115845 NNY 08 OZ; OLT Case No.: PL200441) must

be in full force and effect and have been provided with an administrative number by the

City Clerk's Office.

7.

Prior to final site plan approval, the Owner shall submit a financial guarantee in the

form of an irrevocable Letter of Credit, or Certified Cheque, made payable to the

Treasurer, City of Toronto, in the amount of $2,320,255.00, to ensure that landscaping

requirements are completed in accordance with the approved Site and Landscape

Plans, to the satisfaction of the Director, Community Planning, North York District. The

letter of credit shall be in a form satisfactory to the Treasurer in accordance with its

standard format for letters of credit (see Attachment 2) as of the date of submission of

the letter of credit to the City, and which shall provide for automatic renewal rights at the

end of term, to complete all outstanding work required by these conditions. The deposit

27

OLT-22-002274

shall be returned to the Owner at such time as the Director, Community Planning, North

York District is satisfied that the property has been developed in accordance with the

approved drawings and the conditions of approval.

URBAN FORESTRY RAVINE & NATURAL FEATURE PROTECTION, Nicole Grgic, RNFP

Planner – (416) 392-7815 / [email protected]

8.

Prior to final site plan approval, the Owner shall apply for and obtain all permits

required to injure and/or destroy trees necessary for the development, to the satisfaction

of General Manager, Parks, Forestry and Recreation (RNFP).

URBAN FORESTRY TREE PROTECTION AND PLAN REVIEW, Elissa Chu, Urban Forestry

Planner – [email protected]

Tree Permit Application and Fee

9.

Prior to final site plan approval, the Owner shall submit to the Supervisor, Urban

Forestry – Tree Protection & Plan Review, North York District a complete “Application to

Injure or Remove Trees” and associated application fee in the amount of $755.34

(Current fees: $377.67 per City Street tree) for two (2) City-owned Street trees (Trees

619 and H), that are proposed for injury or removal. The Owner is advised that

submission of an application does not guarantee that a tree permit will be issued and

that fees are subject to change. As part of the review process, Urban Forestry will

independently assess the condition of the trees and the reason for their proposed

removal against the provisions of the applicable by-law. The Owner may be required to

submit revised plans and Urban Forestry may be required to notify the community, (co-

owner(s) of boundary/neighbour trees, consult with the ward Councillor, and/or report

to Council. The Owner is advised that By-law regulated trees may not be injured or

removed until a Permit to Injure or Destroy a Tree has been issued by Urban Forestry, a

Building or Demolition Permit has been obtained, and the construction which warrants

tree injury/removal has commenced.

10.

Prior to final site plan approval, the Owner shall apply and obtain a permit from Urban

Forestry for two (2) City-owned Street trees (Trees 619 and H) that are proposed for

injury or removal, to the satisfaction of Urban Forestry – Tree Protection & Plan Review,

North York District.

Tree Planting Security Deposit

11.

Prior to final site plan approval, the Owner shall submit a Tree Planting Security

Deposit in the amount of $4,664.00 ($583.00 per tree), equal to the cost of tree planting

and maintenance for two (2) years, to ensure the initial planting of eight (8) new trees

within the City-owned road allowance(s) and their survival in a healthy condition, to the

satisfaction of Urban Forestry – Tree Protection & Plan Review, North York District. The

Owner is advised that the deposit will be drawn upon to cover all costs incurred by the

City of Toronto in enforcing and ensuring that the trees are planted and kept in a healthy

condition during the two (2)-year renewable guarantee period. The General Manager of

Parks, Forestry & Recreation shall hold the Tree Planting Security Deposit for the

duration of the guarantee period.

Tree Loss Payment

28

OLT-22-002274

12.

Prior to final site plan approval, the Owner shall submit to the Supervisor, Urban

Forestry – Tree Protection & Plan Review, Toronto & East York District a non-refundable

Tree Loss Payment in the amount of $3,200.00, which represents the appraised value of

City-owned Trees 619 and H to be removed and replacement costs. The Owner is

advised that the cost of tree removal will be borne by the Owner. All security deposit and

payments must be submitted to the attention of David Bostock, Acting Supervisor of

Urban Forestry, Tree Protection & Plan Review North York District credit card or certified

cheque payable to the Treasurer, City of Toronto.

ENVIRONMENT AND ENERGY DIVISION, Zac Zandona, Research Analyst, (647) 458-4930

or [email protected]

13.

Prior to final site plan approval, the Owner is to provide a Design Development Stage

Energy Report, and the following supporting documentation with accompanying

certification, to the satisfaction of the Chief Planner and Executive Director, City

Planning, or his designate, in consultation with the Environment and Energy Division, for

each building comprising a part of the development:

(a)

Thermal Bridging Calculations consisting of the following:

(i)

Typical details for opaque clear fields including wall, roof, and window

assemblies along with the area takeoffs and transmittance value

calculations;

(ii)

Transmittance values of the selected glazing (Example: Frame Plus

screenshot to demonstrate the transmittance values of the selected

glazing is also acceptable)

(iii)

(iv)

(v)

Typical linear interface details and takeoffs with transmittance value

sources and calculations;

Show the effective R-value using the Thermal Performance Spreadsheet,

preferably the completed BETBG calculator; and

Include the architects signature within the submission to confirm the

thermal bridges being considered for the calculations;

(b)

(c)

(d)

(e)

Modelling Files;

Energy Efficiency Reporting Appendices Workbook excel file and signed pdf;

Electrical Design Brief; and

Mechanical Design Brief.

TORONTO REGION CONSERVATION AUTHORITY, Anna Lim, Planner – (416) 661 – 6600,

ex 5284

14.

Prior to final site plan approval, the Owner shall apply for and receive all necessary

permits from the TRCA for the purpose of the development of the site.

TORONTO TRANSIT COMMISSION, Matthew Taylor – (416) 906-3443 /

[email protected]

29

OLT-22-002274

15.

Prior to final site plan approval, the Owner shall complete the Toronto Transit

Commission's technical review process for the proposed development, including the

proposed new entrance connection to York Mills Subway Station and obtain the TTC’s

written acknowledgement that the owner has satisfied all of the conditions arising out of

the technical review in accordance with the Section 37 Agreement between the Owner

and the City and registered as Instrument No. <> [NTD: to be completed upon

registration of the Section 37 Agreement], to the satisfaction of the Toronto Transit

Commission.

16.

17.

Prior to final site plan approval, the Owner shall enter into an Entrance Connection

Easement Agreement for the pedestrian connection through the site to the existing

pedestrian tunnels within the Yonge Street right-of-way and within the site in accordance

with the Section 37 Agreement between the Owner and the City <> [NTD: to be

completed upon registration of the Section 37 Agreement], to the satisfaction of the

Toronto Transit Commission.

Prior to final site plan approval, the Owner shall enter into a Tunnel Encroachment

Licence Agreement for the portions of the proposed pedestrian connection through the

site that are located within the City's right-of-way and to be owned and/or maintained by

the Owner in accordance with the Section 37 Agreement between the Owner and the

City <> [NTD: to be completed upon registration of the Section 37 Agreement], to the

satisfaction of the Toronto Transit Commission.

C. POST APPROVAL CONDITIONS

In addition to the above pre-approval conditions, the following post approval conditions are to be

fulfilled by the Owner following site plan approval and will be incorporated into a site plan

agreement:

1.

The proposed development shall be carried out and maintained in accordance with the

plans and drawings referred to herein, to the satisfaction of the City of Toronto.

ENGINEERING AND CONSTRUCTION SERVICES

Facilities to Provide Access to and from the Land

2.

The Owner must remove all existing accesses, curb cuts, traffic control sign(s) along the

development site frontage that are no longer required and reinstate the curb, gutter and

boulevard within the City’s right-of-way, in accordance with City standards and to the

satisfaction of the Chief Engineer and Executive Director, Engineering and Construction

Services.

Off-street Vehicular Loading and Parking Facilities and Access/Driveways

3.

The Owner must provide and maintain off-street vehicular loading and parking facilities

and access driveways in accordance with the approved plans and drawings, to the

satisfaction of the Chief Engineer and Executive Director, Engineering and Construction

Services.

4.

The Owner must install and maintain appropriate signage and pavement markings on-

site directing such as but not limited to: vehicle stopping and circulation, designated

disabled parking, loading, and pedestrian walkways, to the satisfaction of the Chief

Engineer and Executive Director, Engineering and Construction Services.

30

OLT-22-002274

Facilities for the Storage of Garbage and Other Waste Material

5.

For the multi-residential components of this development, the Owner must construct and

maintain all facilities necessary to permit bulk lift City collection of solid waste, organic

and recyclable materials in accordance with Chapter 844 of the City of Toronto Municipal

Code, Waste collection, Residential Properties.

6.

Provide and maintain the following waste diversion systems proposed for multiple

household residential buildings:

(a)

No chute provided that there is a central solid waste collection and waste

diversion facility on the ground floor and subject to approval by the General

Manager, Solid Waste Management Services;

(b)

(c)

(d)

A single chute with a tri-sorter;

Two separate chutes with one of the chutes equipped with a dual sorter; and

Three separate chutes.

7.

8.

The Owner is to advise all Owners and tenants/future purchasers of the units that refuse

and recyclable materials generated by this building must be collected by a private refuse

collection firm at no cost to the City.

The Owner is to submit a letter certified by a Professional Engineer that in all cases

where a collection vehicle is required to drive onto or over a supported structure (such

as an underground parking garage) the structure has been constructed to safely support

a fully loaded collection vehicle (35,000 kg) and conforms to the following:

(a)

(b)

(c)

Design Code - Ontario Building Code;

Design Load - City bulk lift vehicle in addition Building Code requirements; and

Impact Factor - 5% for maximum vehicular speeds to 15 km/h and 30% for higher

speeds.

9.

Provide written certification to the Chief Engineer and Executive Director, Engineering &

Construction Services by the “qualified professional” who designed and supervised the

construction that all solid waste management facilities, including vertical and horizontal

clearances, have been constructed in accordance with the accepted Site Plan and

Waste Management Report.

Stormwater Management, Grading and Site Servicing

10.

The Owner is to construct and maintain stormwater management measures/facilities and

site grading as recommended in the accepted Functional Servicing and Stormwater

Management Report, dated April 2022, prepared by Schaeffers Consulting Engineers,

Site Grading Plan (drawing SG-1, dated April 6, 2022, and prepared by Schaeffers

Consulting Engineers) and General Notes and Sections Plan (drawing SEC-1), dated

April 6, 2022, and prepared by Schaeffers Consulting Engineers).

11.

The Owner is to construct and maintain site servicing as indicated on the accepted Site

Servicing Plan (drawings SS-1, dated April 6, 2022, and prepared by Schaeffers

Consulting Engineers) and General Notes and Sections Plan, (drawing SEC-1, dated

April 6, 2022, and prepared by Schaeffers Consulting Engineers).

31

OLT-22-002274

12.

The Owner is to provide certification to the Chief Engineer and Executive Director,

Engineering & Construction Services from the Professional Engineer (P.Eng.) who

designed and supervised the construction confirming that the stormwater management

facilities and site grading have been constructed in accordance with the accepted

Stormwater Management Report and the accepted Grading Plans.

13.

14.

The Owner is to provide certification to the Chief Engineer and Executive Director,

Engineering & Construction Services from the Professional Engineer (P.Eng.) who

designed and supervised the construction, that the site servicing facilities have been

constructed in accordance with the accepted drawings.

The Owner is to provide a letter from the structural/building engineer designing the

building that the floor slabs and sidewalls of the stormwater holding tank will be designed

to take the most critical loading including the full weight of the tank(s) and the maximum

volume of stormwater in the tank(s).

15.

16.

Prior to the issuance of the first above grade building permit, the Owner shall submit

drawings for the stormwater collection pipe monitoring systems to the satisfaction of the

General Manager, Toronto Water.

The Owner covenants and agrees at its sole expense to install and maintain a

monitoring system for each stormwater collection pipe to the satisfaction of the General

Manager, Toronto Water.

Private Water Discharge

17. In the event the development is revised following final site plan approval such that short-

term and/or permanent dewatering systems for the building are connected to City of

Toronto sewer works, then prior to the earlier of the registration of the first plan of

condominium within the site and occupancy of any part of the development located

within the site, the Owner shall subject an application to Toronto Water, Environmental

Monitoring & Protection, for any permanent dewatering system that is required for the

building, and enter into an agreement and/or permit to discharge groundwater into City

sewer works as required by the General Manager, Toronto Water.

18.

In the event the development is revised following final site plan approval such that short-

term and/or permanent dewatering systems for the building are connected to City of

Toronto sewer works then prior to the earlier of the registration of the first plan of

condominium within the site and occupancy of any part of the development located

within the site, the Owner shall submit a copy of the relevant section(s) of the proposed

Condominium Declaration that disclose(s) the obligations of the Owner in respect of the

discharge of groundwater ("Private Water") to a City sewer pursuant to Toronto

Municipal Code Chapter 681, to the satisfaction of the Chief Engineer and Executive

Director, Engineering & Construction Services.

Other Conditions

19. The Owner shall submit a CCTV video and report that is prepared and reviewed by a

certified professional under the Pipe Assessment & Certification Program administered

by the National Association of Sewer Service Companies, confirming the existing

250mm diameter sanitary connection installed in 2016 is suitable to for reuse to service

the development, to the satisfaction of the General Manager, Toronto Water and the

Chief Engineer and Executive Director, Engineering and Construction Services. The

32

OLT-22-002274

CCTV video and report shall include a description of the condition of the sanitary

connection proposed for reuse to the satisfaction of the General Manager, Toronto

Water and the Chief Engineer and Executive Director, Engineering and Construction

Services.

20.

21.

In the event the Methane Report concludes methane gas was detected at or above 1%

volume of air at any subsurface location within the site, the Owner shall provide

mitigation measures within the site, excluding any land to be conveyed to the City or

other public authority as a condition of approval, to the satisfaction of the Chief Engineer

and Executive Director, Engineering and Construction Services.

The Owner shall submit a Construction Management Plan for each stage of the

construction process for the development of the site, to the satisfaction of the General

Manager, Transportation Services which shall include, without limitation, the following

information:

(a)

(b)

(c)

(d)

(e)

Dust/mud control on and offsite;

Location of truck loading points, trailer parking;

Location of temporary material storage areas;

Access/truck routing;

Provision of hoarding, temporary fencing & covered walkways and sidewalk

diversions;

(f)

Location and timing of temporary road closures and alternative routes/detours;

(g)

Location and extent of aerial crane operations A permit from Right-of-Way

Management must be obtained if the crane's boom encroaches onto City

Right-of-Way;

(h)

(i)

Noise abatement measures, if required;

Estimated period of construction including breakdown of phases;

Details of piling and shoring activities;

(j)

(k)

(l)

Control of storm runoff;

Removal/disposal of excavated/demolition materials;

(m)

The location and number of parking spaces for employee and construction

trade vehicle parking; and

(n)

Procedure to deal with vermin and rodents.

URBAN FORESTRY TREE PROTECTION AND PLAN REVIEW, Elissa Chu, Urban Forestry

Planner – [email protected]

22.

In the event the Public Utilities Coordination Committee process confirms utilities are in

conflict with tree planting and continuous soil trench infrastructure proposed within the

Yonge Street and Wilson Avenue right-of-ways, the Owner shall relocate all conflicting

utilities at its sole cost and expense in order to provide the required Toronto Green

Standard soil volumes to support the planting of public and private trees as shown on

the landscape plans, to the satisfaction of the General Manager, Parks, Forestry and

Recreation (Urban Forestry).

33

OLT-22-002274

CITY PLANNING (including Urban Design, Transportation Planning, Heritage

Preservation Services) – Cathie Ferguson, Senior Planner – (416) 395 – 7117 or

[email protected]

23.

The Owner shall provide and maintain the landscaping for the development, in

accordance with the approved landscape plans to the satisfaction of the Director,

Community Planning, North York District.

URBAN FORESTRY RAVINE & NATURAL FEATURE PROTECTION (RNFP), Nicole Grgic,

RNFP Planner – (416) 392-7815 or [email protected]

Tree Maintenance & Preservation

24.

The Owner shall implement the approved tree maintenance and preservation strategies

as detailed in the arborist report prepared by Kuntz Forestry Consulting Inc., dated May

2015 and revised on May 18, 2022 and the tree protection plan, prepared by Kuntz

Forestry Consulting Inc., dated January 24, 2022 and revised on May 25, 2022 as may

be revised by a Ravine Stewardship Plan that is required prior to the issuance of the first

building permit for the lands, to the satisfaction of the General Manager, Parks, Forestry

and Recreation (RNFP). Prior to and during demolition/construction, where necessary to

ensure the health and vigor of trees onsite, tree maintenance measures, such as crown

or root pruning, removing dead-wood, watering, mulching, or fertilizing shall be

undertaken according to currently accepted sound arboricultural practices

Tree Protection Hoarding

25. The Owner shall preserve all protected trees that have not been approved for removal

throughout development works to the satisfaction of General Manager, Parks, Forestry

and Recreation (RNFP). Tree protection hoarding shall be located in accordance with

the RNFP approved tree protection plan, and shall remain in place and in good condition

during demolition and/or construction and shall not be altered or moved until authorized

by RNFP. Established tree protection zones shall not be used as construction access,

storage or staging areas. Grade changes are not permitted within established tree

protection zones.

URBAN FORESTRY Tree Protection and Plan Review, Elissa Chu, Urban Forestry Planner

– [email protected]

26.

The Owner shall maintain all new tree plantings within the City road allowance in good

condition. If necessary, the Tree Planting Security Deposit will be drawn upon to cover

all costs incurred by the City of Toronto in enforcing and ensuring that the trees are

planted and kept in a healthy and vigorous state during the two-year guarantee period.

The Owner must notify Urban Forestry at [email protected] within two weeks of the

trees being planted to start the two year guarantee period. Trees will be inspected during

and prior to the end of the renewable guarantee period. At the end of the period, while

the trees are in leaf, the Owner must notify Urban Forestry at [email protected] to

allow for us to confirm if the trees are in good condition. If the trees are in good condition

at the end of the period, the City will assume maintenance and ownership of the trees

and the deposit will be returned.

27.

The Owner shall be responsible for the maintenance or replacement of all new tree

plantings within the City road allowance if during or at the end of the renewable

guarantee period the trees are not in good condition, require maintenance or require

34

OLT-22-002274

replacement. The Owner will be responsible for rectifying the problem as determined by

and to the satisfaction of the General Manager of Parks, Forestry & Recreation (Urban

Forestry). The Owner shall maintain all newly replanted trees within the City road

allowance in good condition and shall provide an additional two-year renewable

guarantee.

28.

Following the planting of street trees, the Owner shall provide a Certificate of Completion

of Work and an as-installed plant list in the form of a spreadsheet identifying street trees,

as shown on the approved planting plan, by street addresses. The as-installed plant list

shall also include tree species, calliper, condition and specific location of the trees by

identifying two points of references (i.e., distances in meters from the curb, sidewalk,

driveway, utility pole or pedestal).

29.

30.

The Owner shall note revise revisions or make alterations to the approved plans or

permits that affect trees without the prior written approval of the General Manager of

Parks, Forestry & Recreation (Urban Forestry).

The Owner shall submit a complete "Agreement for Arborists Retained by Private

Property Owners to Undertake Work on City Trees" and supporting documents

(Certificate of Insurance, Workplace Safety and Insurance Board (WSIB) Clearance

Certificate) from the contractor who will conduct any tree work (e.g. root exploration,

root/canopy pruning, injury, removal, or planting) prior to undertaking such work, to the

satisfaction of the General Manager of Parks, Forestry & Recreation (Urban Forestry).

ENVIRONMENT AND ENERGY DIVISION, Zac Zandona, Research Analyst, (647) 458-4930

or [email protected]

31.

The Owner shall construct and maintain the development substantially in accordance

with the Design Development Stage Energy Report prepared by <> and dated <> [NTD:

to be updated to add authorship and date upon satisfaction of pre-approval condition 13

above] to ensure that the energy savings identified continue to be achieved, to the

satisfaction of

TORONTO TRANSIT COMMISSION, Alex Butler, Operations Planner, [email protected]

32.

The Owner shall relocate the existing transit stop shelter located on Wilson Avenue to

the satisfaction of the Toronto Transit Commission.

35

OLT-22-002274

36

OLT-22-002274

37

OLT-22-002274

38

OLT-22-002274

39

OLT-22-003682

Attachment 2

(PRINTED ON BANK LETTERHEAD)

IRREVOCABLE STANDBY LETTER OF CREDIT

Beneficiary:

City of Toronto

Issue Date:

Letter of Credit Number:

Credit Amount (Canadian

Funds):

Initial Expiry Date:

(12 months following

issue date)

We hereby authorize you, the City of Toronto, to draw on (Bank name, address and branch)

(the “Bank”) for the account of (customer name and address)_____ , (the

Canadian Dollars (the “Credit Amount”)

(the “Initial Expiry Date”) or a

“Customer”) up to an aggregate amount of $

available on demand up to _______(date)______

subsequent anniversary date, and is hereby given to you pursuant to an agreement between the

City of Toronto, and (name of customer) , made in connection with approval of Site Plan

Application [list application number] (the "Agreement").

Pursuant to the request of the Customer, the Bank hereby establishes in your favour and gives

to you an a Irrevocable Standby Letter of Credit in the Credit Amount on which you may draw in

whole or in part at any time and from time to time, subject to the terms herein.

A drawing under this Letter of Credit shall be made by you presenting to the Bank, at the

address noted below, a demand in writing authorized by the City Treasurer or delegate.

Partial drawings are permitted.

Upon receipt of said demand, the Bank shall pay to you the amount stated in the demand, to be

payable to you without inquiring whether you have a right as between yourself and the

Customer to make such demand, and without recognizing any claim of the Customer or

objection by the Customer to payment by the Bank.

This Letter of Credit will continue up to the Initial Expiry Date but shall be subject to the

condition that it shall be deemed to be automatically extended without amendment for one year

from the present or any future expiration date hereof, unless 60 days prior to any such

expiration date the Bank notifies you by notice in writing delivered to the City of Toronto at the

address noted below by registered mail that it shall not renew this Letter of Credit for any such

additional period. Upon receipt by you of such notice, you may draw hereunder, for the

available balance of this Letter of Credit by presenting a written demand together with

confirmation that the amounts drawn will be retained and used by you to meet obligations

incurred or to be incurred in connection with the Agreement. The demand must be authorized

by the City Treasurer or delegate.

Bank Name: _________________________

Address: _________________________

ADDRESS FOR NOTICE

Countersigned:_______________________

1.

NOTICE TO BANK

(bank to insert full address and contact information)

NOTICE TO CITY OF TORONTO

2.

City of Toronto

Corporate Finance Division, Capital Markets

City Hall, 7^thFloor, East Tower

100 Queen Street West

Toronto, Ontario, M5H 2N2