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  
2
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  
5
OLT-22-002274  
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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OLT-22-002274  
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;  
8
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:  
9
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  
10  
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.  
11  
OLT-22-002274  
PURSUANT TO THE DECISION OF THE ONTARIO LAND TRIBUNAL ISSUED ON ~  
AND ITS ORDER ISSUED ON ~ IN TRIBUNAL CASE PL200441  
12  
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  
15  
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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OLT-22-002274  
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OLT-22-002274  
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OLT-22-002274