CIC Management Services Inc. v. City of Toronto

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE:

EFFECTIVE DATE:

August 12, 2022

August 5, 2022

OLT-22-003921

(Formerly PL160692)

CASE NO.:

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Appellant:

1066266 Ontario Limited

1282555 Ontario Inc.

Appellant:

1348865 Ontario Inc.

Appellant:

Subject:

1623707 Ontario Limited; and others

Proposed Official Plan Amendment No. 331

City of Toronto

OLT-22-003921

PL160692

OLT-22-003921

PL160692

CIC Management Services Inc. v. Toronto (City)

Municipality:

OLT Case No.:

Legacy Case No.:

OLT File No.:

Legacy File No.:

OLT Case Name:

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

c. P.13, as amended

Applicant and Appellant:

Subject:

Freed Grand Park Developments Inc.

Request to amend the Official Plan - Failure of the City of

Toronto to adopt the requested amendment

Regeneration Areas

Mixed Use Areas

To permit a phased multi-block mixed use development

Existing Designation:

Proposed Designated:

Purpose:

Property Address/Description: Various Addresses

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

116 168925 WET 06 OZ

OLT-22-003921

Legacy Case No.:

OLT File No.:

PL160692

OLT-22-004073

Legacy File No.:

OLT Case Name:

PL170085

Freed Grand Park Developments 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:

Freed Grand Park Developments Inc.

Application to amend Zoning By-law No. 569-2013 and the

Etobicoke Zoning Code

- Refusal or neglect of the City of Toronto to make a

decision

Existing Zoning:

Proposed Zoning:

Purpose:

IC.1, E1.0

Site Specific (To be determined)

To permit a phased multi-block mixed use development

Property Address/Description: Various Addresses

Municipality:

City of Toronto

Municipality File No.:

OLT Case No.:

Legacy File No.:

OLT File No.:

116 168925 WET 06 OZ

OLT-22-003921

PL170086

OLT-22-004074

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

c. P.13, as amended

Applicant and Appellant:

Subject:

Freed Grand Park Developments Inc.

Request to amend the Official Plan - Failure of the City of

Toronto to adopt the requested amendment

Regeneration Areas

Mixed Use Areas

To permit a phased multi-block mixed use development

Existing Designation:

Proposed Designated:

Purpose:

Property Address/Description: Various Addresses

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

116 168925 WET 06 OZ

OLT-22-003921

Legacy File No.:

OLT File No.:

PL170190

OLT-22-004075

OMB Case Name:

Freed Grand Park Developments 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:

Freed Grand Park Developments Inc.

Application to amend Zoning By-law No. 569-2013 and the

Etobicoke Zoning Code

- Refusal or neglect of the City of Toronto to make a

decision

Existing Zoning:

Proposed Zoning:

Purpose:

IC.1, E1.0

Site Specific (To be determined)

To permit a phased multi-block mixed use development

Property Address/Description: Various Addresses

Municipality:

City of Toronto

Municipality File No.:

OMB Case No.:

Legacy File No.:

OLT File No.:

116 168925 WET 06 OZ

OLT-22-003921

PL170191

OLT-22-004076

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

c. P.13, as amended

Applicant and Appellant:

Subject:

Dunpar Developments Inc.

Request to amend the Official Plan - Failure of the City of

Toronto to adopt the requested amendment

Regeneration Area

Site specific to permit the proposed development

To permit a mixed use development consisting of three

blocks of 4 storey townhouses containing a total of 72 units

and two blocks of 3 storey commercial condominium units,

containing a total of 28 units

Existing Designation:

Proposed Designated:

Purpose:

Property Address/Description: 49, 53 & 55 Judson St

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

15 247232 WET 06 OZ

OLT-22-003921

Legacy File No.:

OLT File No.:

PL170519

OLT-22-004077

OLT Case Name:

Dunpar Developments 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:

Dunpar Developments Inc.

Application to amend Zoning By-law No. 569-2013 - Neglect

of the City of Toronto to make a decision

I.C2, I.C1, E1.0 (x54)

Site specific to permit the proposed development

To permit a mixed use development consisting of three

blocks of 4 storey townhouses containing a total of 72 units

and two blocks of 3 storey commercial condominium units,

containing a total of 28 units

Existing Zoning:

Proposed Zoning:

Purpose:

Property

49, 53 & 55 Judson St

Address/Description:

Municipality:

Municipality File No.:

OLT Case No.:

Legacy File No.:

OLT File No.:

City of Toronto

15 247232 WET 06 OZ

OLT-22-003921

PL170520

OLT-22-004080

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

c. P.13, as amended

Applicant and Appellant:

Subject:

Vandyk Properties Inc.

Request to amend the Official Plan - Refusal of request by

the City of Toronto

Existing Designation:

Proposed Designated:

Purpose:

Regeneration Area

Mixed Use Area.

To permit the development of a 24- and 28-storey mixed use

building atop an 8-storey podium

23 Buckingham St

Property

Address/Description:

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

Legacy File No.:

OLT File No.:

16 269378 WET06 OZ

OLT-22-003921

PL170834

OLT-22-004081

OLT Case Name:

Vandyk Properties Inc. v. Toronto (City)

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

c. P.13, as amended

Applicant and Appellant:

Subject:

1066266 Ontario Limited

Request to amend the Official Plan - Refusal of request by

City of Toronto

Existing Designation:

Proposed Designated:

Purpose:

Regeneration Area

Mixed Use Area

To permit the development of a 26-storey mixed use

building atop an 8-storey podium on the Subject Property.

Property Address/Description: 25 Audley Street

Municipality:

City of Toronto

Approval Authority File No.:

OLT Case No.:

16 269352 WET 06 OZ

OLT-22-003921

Legacy File No.:

OLT File No.:

PL170835

OLT-22-004082

OLT Case Name:

1066266 Ontario Limited v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Appellant:

Subject:

CIC Management Services Inc.

Failure of the City of Toronto to announce a decision

respecting Proposed Official Plan Amendment

City of Toronto

Municipality:

OLT Case No.:

OLT-22-003921

Legacy File No.:

OLT File No.:

PL171173

OLT-22-004085

OLT Case Name:

CIC Management Services 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:

CIC Management Services Inc.

Application to amend Etobicoke Zoning Code and Zoning

By-law No. 56-2013 - Neglect of the City of Toronto to

make a decision

Existing Zoning:

I.C1 (Class 1 Industrial) and Employment Industrial Zone

(E1.0)

Proposed Zoning:

Purpose:

Site specific to permit proposal

To permit the development of 3 residential towers of 30, 36

and 22 storeys in height

Property Address/Description: 39 Newcastle Street

Municipality:

City of Toronto

16 198950 WET 06 OZ

OLT-22-003921

PL171174

Municipality File No.:

OMB Case No.:

Legacy File No.:

OMB File No.:

OLT-22-004086

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990,

c. P.13, as amended

Applicant and Appellant:

Subject:

Vandyk Properties Inc.

Application to amend Zoning By-law No. 569-2013 - Refusal

or neglect of the City of Toronto to make a decision

Employment Industrial

Site Specific (To be determined)

To permit the development of a 24 and 28 storey mixed use

building atop an 8-storey podium

Existing Zoning:

Proposed Zoning:

Purpose:

Property Address/Description: 23 Buckingham St

Municipality:

City of Toronto

Municipality File No.:

LPAT Case No.:

Legacy File No.:

LPAT File No.:

16 269378 WET 06 OZ

OLT-22-003921

PL180209

OLT-22-004104

LPAT Case Name:

Vandyk Properties 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:

1066266 Ontario Limited

Application to amend Zoning By-law No. 569-2013- Refusal

or neglect of the City of Toronto to make a decision

Existing Zoning:

Proposed Zoning:

Purpose:

Employment Industrial

Site Specific (To be determined)

To permit the development of a 26-storey mixed use

building atop an 8-storey podium on the subject property

Property Address/Description: 25 Audley Street

Municipality:

City of Toronto

Municipality File No.:

LPAT Case No.:

Legacy Case No.:

LPAT File No.:

17 262415 WET 06 OZ

OLT-22-003921

PL180240

OLT-22-004105

LPAT Case Name:

1066266 Ontario Limited v. Toronto (City)

BEFORE:

)

Friday, 5^th

G.C.P. BISHOP

ALTERNATE CHAIR

)

day of August, 2022

THESE MATTERS having come before the Ontario Land Tribunal for a public hearing

(for Blocks D and E) on April 3, 4 and 5, 2019 and the Tribunal, in its written decision

issued on February 11, 2020 (the “Decision”) having allowed, in part, the following

appeals:

1.

The respective appeals of Vandyk Properties Inc. (now Vandyk – The Buckingham

North – Grand Central Limited), Freed Grand Park Developments Inc., and

1066266 Ontario Limited from the Council for the City of Toronto’s adoption of

Official Plan Amendment No. 331 (Mimico-Judson Secondary Plan);

2.

The appeal of Metrolinx from the Council for the City of Toronto’s adoption of

Official Plan Amendment No. 331 (Mimico-Judson Secondary Plan) with respect

to Blocks D and E;

3.

4.

The appeal of Vandyk Properties Inc. (now Vandyk – The Buckingham North –

Grand Central Limited) from the Council for the City of Toronto’s refusal of the

Official Plan Amendment application for the property at 23 Buckingham Street,

Toronto;

The appeal of Freed Grand Park Developments Inc. from the Council for the City

of Toronto’s failure to make a decision with respect to the Official Plan Amendment

application for the properties at 1, 2 and 10 Audley Street, 8 Newcastle Street, and

29, 31, 59 and 71 Portland Street, Toronto;

5.

6.

The appeal of 1066266 Ontario Limited from the Council for the City of Toronto’s

refusal of the Official Plan Amendment application for the property at 25 Audley

Street, Toronto;

The appeal of Vandyk Properties Inc. (now Vandyk – The Buckingham North –

Grand Central Limited) from the Council for the City of Toronto’s failure to make a

decision with respect to the Zoning By-law Amendment application for the property

located at 23 Buckingham Street, Toronto;

7.

8.

9.

The appeal of Freed Grand Park Developments Inc. from the Council for the City

of Toronto’s failure to make a decision with respect to the Zoning By-law

Amendment application for the properties at 1 Audley Street and 8 Newcastle

Street, Toronto;

The appeal of Freed Grand Park Developments Inc. from the Council for the City

of Toronto’s failure to make a decision with respect to the Zoning By-law

Amendment application for the properties at 2 and 10 Audley Street, and 29, 31,

59 and 71 Portland Street, Toronto; and

The appeal of 1066266 Ontario Limited from the Council for the City of Toronto’s

failure to make a decision with respect to the Zoning By-law Amendment

application for the property at 25 Audley Street, Toronto;

AND THE TRIBUNAL having withheld its Final Order with respect to:

1.

2.

3.

4.

5.

Official Plan Amendment No. 331, as modified, and the Chapter 7 Site and Area

Specific Policies for Blocks D and E, until the Tribunal is advised by the City that

the pre-conditions in Exhibit No. 31 have been satisfied;

The Zoning By-law Amendments for the property at 23 Buckingham Street,

Toronto, until the Tribunal is advised by the City that the pre-conditions in Exhibit

No. 34 have been satisfied;

The Zoning By-law Amendments for the properties at 1 Audley Street and 8

Newcastle Street, Toronto, until the Tribunal is advised by the City that the pre-

conditions in Exhibit No. 32 have been satisfied;

The Zoning By-law Amendments for the properties at 2 and 10 Audley Street, and

29, 31, 59 and 71 Portland Street, Toronto, until the Tribunal is advised by the City

that the pre-conditions in Exhibit No. 33 have been satisfied; and

The Zoning By-law Amendments for the properties at 25 Audley Street, Toronto,

until the Tribunal is advised by the City that the pre-conditions in Exhibit No. 35

have been satisfied;

AND THE TRIBUNAL having been advised that the conditions for the release of the

Tribunal’s Final Order on Official Plan Amendment No. 331, as modified, including the

Chapter 7 Site and Area Specific Policy for Blocks D and E have been satisfied;

AND THE TRIBUNAL having been advised that the conditions for the release of the

Tribunal’s Final Order on the Zoning By-law Amendments for the property at 23

Buckingham Street, Toronto, have been satisfied;

AND THE TRIBUNAL having been advised that the conditions for the release of the

Tribunal’s Final Order on the Zoning By-law Amendments for the property at 1 Audley

Street and 8 Newcastle Street, Toronto, have been satisfied;

AND THE TRIBUNAL having been advised that the conditions for the release of the

Tribunal’s Final Order on the Zoning By-law Amendments for the property at 2 and 10

Audley Street, and 29, 31, 59 and 71 Portland Street, Toronto, have been satisfied;

AND THE TRIBUNAL having been advised that the conditions for the release of the

Tribunal’s Final Order on the Zoning By-law Amendments for the property at 25 Audley

Street, Toronto, have been satisfied;

THE TRIBUNAL ORDERS THAT:

1.

Official Plan Amendment No. 331, as modified, including the Chapter 7 Site and

Area Specific Policies, attached hereto as Attachment 1, is approved with respect

to the Secondary Plan area;

2.

3.

4.

The Zoning By-law Amendment for the property at 23 Buckingham Street, Toronto,

attached hereto as Attachment 2, is approved;

The Zoning By-law Amendment for the property at 1 Audley Street and 8

Newcastle Street, Toronto, attached hereto as Attachment 3, is approved;

The Zoning By-law Amendment for the property at 2 and 10 Audley Street, and 29,

31, 59 and 71 Portland Street, Toronto, attached hereto as Attachment 4, is

approved; and

5.

The Zoning By-law Amendment for the property at 25 Audley, Toronto, attached

hereto as Attachment 5, is approved.

The Tribunal authorizes the municipal clerk to assign numbers to these by-laws for record

keeping purposes.

The Tribunal may be spoken to in the event that the Parties have any difficulty in

implementing this Decision and Order.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

ATTACHMENT 1

Authority: Local Planning Appeal Tribunal Decision

issued August 27, 2018, Local Planning Appeal

Tribunal Decision issued February 11, 2020 and

Ontario Land Tribunal Order issued ________ in File

PL160692

CITY OF TORONTO

BY-LAW 532-2016

To adopt the Mimico-Judson Secondary Plan as Amendment 331 to the Official Plan of the

City of Toronto for the lands in South Etobicoke generally located to the north of and in

proximity to the Metrolinx Rail Corridor on both sides of Royal York Road.

Whereas the Ontario Municipal Board, by its Decision issued [XXXX], and the Ontario Land

Tribunal, by its Order issued [XXXX] in Tribunal File PL160692, determined to amend the City

of Toronto Official Plan, as amended, with respect to the lands in South Etobicoke generally

located to the north of and in proximity to the Metrolinx Rail Corridor on both sides of Royal

York Road;

The Official Plan of the City of Toronto is amended by the Ontario Land Tribunal by amending

Official Plan Amendment No. 331 as follows:

1.

The attached Amendment 331 to the Official Plan is adopted pursuant to the Planning Act,

as amended.

Ontario Land Tribunal Decision issued XXXX and Order issued XXXX in Tribunal File

PL160692.

Frances Nunziata,

Speaker

John D. Elvidge,

Interim City Clerk

(Seal of the City)

AMENDMENT No. 331 TO THE OFFICIAL PLAN

Mimico-Judson Secondary Plan

1.

2.

Map 2, Urban Structure Map is amended by adding lands shown on Map 35-3 of the

Mimico-Judson Secondary Plan, attached hereto as Mixed Use Areas and Employment

Areas.

Map 15, Land Use Plan is amended by re-designating lands in the Mimico-Judson

Secondary Plan Area shown on Map 35-3, attached hereto as follows:

a.

b.

Regeneration Areas to General Employment Areas

Regeneration Areas to Mixed Use Areas

3.

4.

5.

6.

Map 35, Secondary Plan Key Map, is amended by adding the lands shown on Map 35-1

and amending the legend to add "35 Mimico-Judson".

Chapter 6 is amended by adding Section 35, the Mimico-Judson Secondary Plan, attached

hereto as Schedule 1.

Chapter 7, Site and Area Specific Policies, including Map 26, is amended by adding

Schedule 2 and adding the lands shown on the maps contained in Schedule 2.

Schedule 1 of the Official Plan, Existing Minor Streets with Right-of-Way Widths Greater

than 20 Metres, is amended by adding the following minor street:

Street Name

Judson Street

7.

From

To

Planned Right-of-

Way Width

23 metres

Royal York Road

Islington Avenue

Schedule 2 of the Official Plan, The Designation of Planned but Unbuilt Roads, is

amended by adding the following planned but unbuilt road:

Street Name

Newcastle Extension

From

To

Grand Avenue terminus at

Portland Street

Newcastle Street and Audley

Street

SCHEDULE 1

35: MIMICO-JUDSON SECONDARY PLAN

1. VISION

The Mimico-Judson Secondary Plan ("the Secondary Plan Area") is located in South

Etobicoke, north of the Metrolinx Rail Corridor and is bisected by Royal York Road as

illustrated on Map 35-1. The Secondary Plan Area is comprised of two distinct subareas:

The Judson Area west of Royal York Road, and the Mimico Triangle Area east of Royal

York Road.

The Secondary Plan Area is within and at the eastern edge of the South Etobicoke

Employment Area and has supported employment uses for a number of years. The rail

corridor has been a structural feature as residential neighbourhoods were developed on

lands surrounding the Secondary Plan Area north of Judson Street and Portland Street and

south of the rail corridor. The Willowbrook Rail Maintenance Facility is a major

transportation facility operated by Metrolinx immediately south of the Judson Area and is

integral to the delivery of regional transit service in the Greater Toronto and Hamilton

Area.

As part of the 2013 Municipal Comprehensive Review of employment lands, City Council

designated the Mimico-Judson area as Regeneration Areas and identified it as being in

need of revitalization. The Mimico-Judson Secondary Plan is the result of a Regeneration

Area study completed for the area. This Secondary Plan provides a development

framework for continued and expanded employment opportunities as well as targeted

opportunities to introduce residential uses.

In addition to the policies contained herein, additional policies and maps for Blocks A1,

A2, A3, C, D and E are contained within Site and Area Specific Policies XXXX, XXXX,

and XXXX.

The policies contained within this Secondary Plan are based on four guiding principles.

i.

Retain and expand business through land use certainty and flexible mixed use

regeneration

The Secondary Plan continues to protect the area's economic function by providing

land use certainty for businesses that wish to continue their operations in the area

and requiring that all new development in Mixed Use Areas include an

employment component either on-site or within the same block. The Mimico

Village Business Improvement Area also plays an important role in the local

economy that should be enhanced and reinforced through the policies of this

Secondary Plan.

ii.

Unlock underutilized lands for transit supportive mixed use development

Intensifying both residential and employment uses in the Mimico Triangle Area

within walking distance of the Mimico GO Station leverages the investment in

transit infrastructure to balance transportation choices for new residents and

employees.

iii.

Protect and support existing operations and future expansion opportunities

at the Willowbrook Rail Maintenance Facility

The Willowbrook Rail Maintenance Facility plays - and will continue to play - a

crucial role in Metrolinx's future plans to expand GO Train service throughout the

Greater Toronto and Hamilton Area. Requiring employment uses lands adjacent

to the yard provides for a land use separation as a form of mitigation from impacts

that may be generated by this rail yard.

iv.

Foster a connected and complete community

This Secondary Plan provides policy guidance to achieve a complete community

where people will live, work and undertake activities of daily life within walking

distance to higher order transit. The proposed Newcastle Extension and Mimico-

Judson Greenway are significant components of this Secondary Plan and will

achieve improved access to the Mimico GO Station and connectivity across Royal

York Road for pedestrians and cyclists. These improvements provide important

infrastructure to connect and integrate the Secondary Plan Area with nearby

communities.

Policies

1.1

To ensure that the Secondary Plan Area remains a viable place for businesses

to locate and operate, a minimum Gross Floor Area of employment uses is required in

all new development within Mixed Use Areas. The minimum amount will be determined

based on the proposed building type as a function of Floor Space Index (FSI), in

accordance with Policy 3.3.

1.2

The Secondary Plan supports the Vision as expressed by the Structure Plan

illustrated on Map 35-2. The Structure Plan consists of Community Anchors and

Connectors (listed below a) to h)). The anchors are fixed elements that any plans for

change need to consider and strengthen; whereas the connectors provide physical

links between places that are not directly connected to each other.

CONNECTORS:

a)

Newcastle Extension: a street extension that runs along the rail

corridor and expands the street network and improves mobility towards

the Mimico GO Station.

b)

between Ourland Park and Grand Avenue Park.

c) Pedestrian / Cyclist Overpass: a pedestrian and cycling

overpass that will provide safe and direct access over Royal York Road.

d) Pedestrian/Cyclist Connection: a pedestrian and/or cycling

Mimico-Judson Greenway: a pedestrian and cycling connection

tunnel or bridge to provide access across the rail corridor from the

Mimico GO Station to Manchester Street.

ANCHORS:

e)

Christ Church Cemetery and Coronation Park: two existing

green spaces that form part of the open space network.

f)

g)

h)

Mimico GO Station: a focal point for commuters.

Willowbrook Rail Maintenance Facility.

New public park.

1.3

Map 35-3 identifies a number of sub-areas within the Secondary Plan:

a)

support the economic function of the Secondary Plan Area will be provided.

Blocks

Blocks "A ", "A " and "A3" are Mixed Use Areas where uses that

1 2

b)

"B" and "D" are lands where uses that support the economic

function of the Secondary Plan Area are permitted and additional residential,

commercial, institutional and other uses may be permitted subject to

ensures compatibility with uses operating or

development criteria that

permitted in Blocks "A " and "A ".

1

2

c)

be considered in all developments.

d) Block “F” is land where uses that support the economic function of the

Blocks "C" and "E" are where rail safety and mitigation measures must

Secondary Plan Area are permitted and additional residential, commercial,

institutional and other employment uses may be permitted subject to

development criteria, including the requirement that employment uses must be

built prior to any residential use and that 100% of residential units be family

sized units, with the exception of 29 Judson Street, which must provide a

minimum of 15% two bedroom units. A family sized unit is a dwelling unit with

a minimum of 2 bedrooms and a minimum of 110 square metres of gross floor

area or a dwelling unit with 3 bedrooms or more.

2.

LAND USE

The land use strategy for the Mimico-Judson Secondary Plan provides a framework for

employment and residential uses to achieve a balance between compatible land uses that

creates a dynamic place to live, work, learn and play.

Policies

2.1

2.2

Land use designations in this Secondary Plan are shown on Map 35-3.

For the purposes of this Secondary Plan, uses that support the economic

function of the Secondary Plan Area include, but are not limited to: office, light industrial

and manufacturing, media-based facilities, production studios and facilities, and retail

and service commercial uses that serve area employees, residents and commuters, and

that are complementary to the services located within the Mimico Village Business

Improvement Area.

2.3

Lawfully existing uses established at the time of the enactment of this

Secondary Plan are permitted to continue. Where permitted by this Secondary Plan,

residential and other sensitive land uses will be required to include any mitigation

measures required to ensure their compatibility with operating or permitted employment

uses.

2.4

The following uses are prohibited throughout the Mimico-Judson Secondary

Plan Area:

a)

Stand-alone major retail developments with over 6,000 square metres

or more of retail gross floor area;

b)

c)

d)

e)

f)

Heavy manufacturing uses;

Crude petroleum oil or coal refineries;

Ammunition, firearms or firework factories;

Concrete batching plants;

Primary processing of limestone or gypsum; and

Asphalt Plants.

g)

Mimico Triangle (Blocks "A ", "A ", " A 3 " , "B", "C", "D" and "E")

1

2

2.5

Lands identified on Map 35-3 as "Block A ", "A ", "A3", "B", "C", "D" and"E" lands

1 2

are designated

Mixed Use Areas.

2.6

Lands identified as Mixed Use Areas shall be subject to the following

development criteria:

a)

The submission of technical and environmental studies and other

relevant information to the City and Metrolinx that demonstrates that the proposed

residential or other sensitive use is compatible with operating or permitted

employment uses adjacent to Blocks "C", "D" and "E" and uses within the

Willowbrook Rail Maintenance Facility, the VIA Toronto Maintenance Centre (or

their successors), and rail corridors, to the satisfaction of the City;

b)

Confirmation from the owners of Blocks "C", "D" and "E" that Metrolinx

has been provided with the technical and environmental studies and other

relevant information and provided with a reasonable period for review and

comment;

c)

The costs of any compatibility studies and mitigation measures will be

borne by the owner of the new residential or other sensitive land uses;

d)

Any noise mitigation plan may be peer reviewed by a third party

acoustical engineer, at the discretion of the City; and

e)

The City, in consultation with Metrolinx and the owners, will determine

appropriate noise mitigation measures within Blocks "C", “D” and “E” for:

i.

Outdoor amenity space proposed within the Mixed Use Areas;

ii.

The façade (wall and window) Sound Transmission Class

(STC) requirements for the purposes of calculating and specifying upgraded

facades for such developments; and

iii.

The City will consider any additional comments provided by

Metrolinx (which may provide comments during the site plan approval

and building permit approval process) in determining whether the

proposed noise mitigation measures are satisfactory; and

f)

Noise mitigation and safety mitigation measures will be secured

through a Zoning By-law Amendment and a Section 37 Agreement which will

be signed and registered prior to the enactment of any Zoning By-law

Amendment, to the satisfaction of the City Solicitor.

2.7

Prior to enacting any Zoning By-law Amendment to implement sensitive land uses

including but not limited to residential uses, the owner will provide the City with a noise

mitigation plan demonstrating land use compatibility with the operating or permitted

employment uses, including employment uses adjacent to Blocks "C", “D” and “E” and

uses within the Willowbrook Rail Maintenance Facility, the VIA Toronto Maintenance

Centre (or their successors), and rail corridors, to the satisfaction of the City.

2.8

2.9

Prior to development of lands within Blocks "C", “D” and “E”, an environmental

easement for noise shall be granted in favour of Metrolinx.

As a condition of site plan approval, the owners within Blocks "C", “D” and “E” will

agree to include and have registered on title appropriate noise warning clauses identifying

the Blocks’ Class 4 designation, in accordance with the Ministry of the Environment and

Climate Change NPC-300 guidelines. Such warning clauses identifying the Class 4

designation will also be placed in all agreements of purchase and sale and leases and

warnings will be displayed prominently at any sales centre marketing the sale or lease of

units.

2.10 All lands designated Mixed Use Areas shall be designated as Class 4 lands

pursuant to the Ministry of the Environment and Climate Change NPC-300 Guidelines

Judson Street Area (Block "F")

2.11 Lands designated as General Employment Areas will be subject to the following policies

and development criteria:

a)

Lands designated General Employment Areas will be zoned with a minimum

building height that is greater than the maximum building height permitted by the

zoning for land designated as Mixed Use Area within Block “F”;

b)

Noise sensitive commercial purpose buildings and noise sensitive institutional

purpose buildings will not be permitted within the General Employment Areas of

Block “F”:

i.

“Noise sensitive commercial purpose building” means a building used for

a commercial purpose that includes one or more habitable rooms used as

sleeping facilities such as a hotel and a motel, or commercial uses that

may experience adverse effects from external noise sources; and

ii.

“Noise sensitive institutional purpose building” means a building used for

an institutional purpose, including an educational facility, a day nursery, a

hospital, a health care facility, a shelter for emergency housing, a

community centre, a place of worship and a detention centre;

c)

d)

Notwithstanding that recreational and medical office uses may not be permitted in

General Employment Areas, recreational and medical office uses will be permitted

on Block “F”, consistent with the previous Regeneration Areas designation of

Block “F”;

The City, in consultation with Metrolinx and the owner, and in accordance with

policy 2.14, will determine appropriate noise mitigation measures for:

i.

ii.

outdoor amenity space proposed within the General Employment Areas;

the facade (wall and window) Sound Transmission Class (STC)

requirements for the purposes of calculating and specifying upgraded

facades for such development; and

iii.

The City will consider any additional comments provided by Metrolinx

(which may provide comments during the site plan approval and building

permit approval process) in determining whether the proposed noise

mitigation measures are satisfactory; and

e)

f)

Any noise mitigation plan may be peer reviewed by a third party acoustical

engineer, at the discretion of the City;

Noise mitigation measures will be secured through a Zoning By-law Amendment

and a Section 37 Agreement which will be signed and registered prior to the

enactment of any Zoning By-law Amendment, to the satisfaction of the City

Solicitor; and

g)

Notwithstanding that lands within the General Employment Areas may be used for

parking, loading, service and access that serves both the uses within the Mixed

Use Areas portions of the development and uses within the General Employment

Areas portions of the development, the shared use of portions of the General

Employment Areas lands for these limited, functional facilities shall not be

considered to be a conversion of lands within an Employment Area.

2.12 Lands identified as Mixed Use Areas shall be subject to the following development

criteria:

a)

The submission of technical and environmental studies and other relevant

information to the City and Metrolinx that demonstrate that the proposed

residential or other sensitive use is compatible with operating or permitted

employment uses, including those uses within Block “F”, uses adjacent to Block

“F” and uses within the Willowbrook Rail Maintenance Facility, the VIA Toronto

Maintenance Centre (or their successors), and rail corridors, to the satisfaction of

the City;

b)

c)

Lands designated Mixed Use Areas shall be zoned with a maximum height that is

less than the minimum building height permitted by the zoning for lands

designated as General Employment Areas within Block “F”;

Confirmation from the owner that Metrolinx has been provided with the technical

and environmental studies and other relevant information and provided with a

reasonable period for review and comment;

d)

e)

The costs of any compatibility studies and mitigation measures will be borne by

the owner of the new residential or other sensitive land uses;

100% of residential units within Block “F” must be family sized units, with the

exception of 29 Judson Street, which must provide a minimum of 15% of the

residential units being two bedroom units;

f)

A “family sized unit” is a dwelling unit that will have a minimum of 2 bedrooms

and a minimum of 110 square metres of gross floor area or a dwelling unit with 3

bedrooms or more;

g)

h)

Any noise mitigation plan may be peer reviewed by a third party acoustical

engineer, at the discretion of the City;

The City, in consultation with Metrolinx and the owner and in accordance with

Policy 2.14, will determine appropriate noise mitigation measures for:

i.

ii.

Outdoor amenity space proposed within the Mixed Use Areas;

The façade (wall and window) Sound Transmission Class (STC)

requirements for the purposes of calculating and specifying upgraded

facades for such developments; and

iii.

The City will consider any additional comments provided by Metrolinx

(which may provide comments during the site plan approval and building

permit approval process) in determining whether the proposed noise

mitigation measures are satisfactory; and

i)

Noise mitigation measures will be secured through a Zoning By-law Amendment

and a Section 37 Agreement which will be signed and registered prior to the

enactment of any Zoning By-law Amendment, to the satisfaction of the City

Solicitor.

2.13 Prior to enacting any Zoning By-law Amendment to implement sensitive land uses

including but not limited to residential uses, the owner will provide the City with a noise

mitigation plan demonstrating land use compatibility with the operating or permitted

employment uses, including those uses within Block “F”, uses adjacent to Block “F” and

uses within the Willowbrook Rail Maintenance Facility, the VIA Toronto Maintenance

Centre (or their successors), and rail corridors, to the satisfaction of the City;

2.14 The noise mitigation plans and measures referred to above will conform generally to the

criteria specified in the document titled “Noise Evaluation Method and Selection of

Exterior Envelope Sound Isolation” being Exhibit 32 to the April 16-19, 2018 and May 7

and 10, 2018 hearing dates in Local Planning Appeal Tribunal File PL160692, on file

with the Chief Planner.

2.15. Prior to development of lands within Block “F”, an environmental easement for noise shall

be granted in favour of Metrolinx.

2.16 As a condition of site plan approval, the owner within Block ‘F’ will agree to include

appropriate noise warning clauses specific to the Willowbrook Rail Maintenance Facility

and will agree to have such warning clauses registered on title of lands within Block “F”,

which have been designated by Council in their entirety as Class 4 in accordance with the

Ministry of the Environment and Climate Change NPC-300 guidelines. Warning clauses

for the Class 4 designation will also be placed in all agreements of purchase and sale and

leases and warnings will be displayed prominently at any sales center marketing the sale

or lease of units.

2.17 Prior to the issuance of any above-grade building permit of any residential use within

“Block F”, construction of the employment uses must be substantially complete or the

owner must have obtained confirmation from an acoustical engineer that the approved

noise mitigation plan and measures have been constructed and implemented, to the

satisfaction of the City.

2.18 Lands designated Mixed Use Areas within Block "F" shall be designated as Class 4 lands

pursuant to the Ministry of the Environment and Climate Change NPC-300 Guidelines.

Railway Safety and Mitigation

2.19 Any portion of a development containing residential and other sensitive land uses (as

defined by the Provincial Policy Statement, 2014) shall be set back a minimum of 30

metres from the property line bordering the rail corridor to the south and provide

appropriate mitigation and safety features to implement the Federation of Canadian

Municipalities (FCM) and the Railway Association of Canada (RAC) Guidelines for New

Development in Proximity to Railway Operations.

2.20 As a condition of site plan approval for Block "E", where the minimum 30 metre setback

to residential and other sensitive land uses is not provided, the owners within Block "E"

shall agree to construct an off-site barrier which will secure the appropriate mitigation

and safety features in accordance with Policy 2.19.

2.21 As a condition of site plan approval for development within Block “C”, where the 30-

metre setback to residential and other land uses is not provided, the owners shall agree to

construct a safety barrier which will secure appropriate mitigation and safety measures in

accordance with Policy 2.19.

3.

ECONOMIC REVITALIZATION

The economic revitalization strategy builds on the extensive work undertaken as part of

the Municipal Comprehensive Review of employment lands and provides area specific

policies that are intended to attract new investment and retain existing businesses within

the Secondary Plan Area.

Policies

3.1

Development will be consistent with the vision of revitalizing the Secondary Plan

Area's economic function and promoting new employment opportunities, while

protecting existing business operations.

3.2

The development of vacant lands and the adaptive reuse of buildings for

employment purposes are strongly encouraged.

Business Expansion and Retention

3.3

Development of residential uses on lands within Blocks designated Mixed Use

Areas will require the provision of a minimum gross floor area of non-residential uses

that support the economic function of the Secondary Plan Area, based on the type of

building proposed as follows:

a)

b)

c)

0.50 FSI for tall buildings (greater than 12-storeys);

0.45 FSI for mid-rise buildings (5 to 12-storeys); and

0.15 FSI for townhouses or low rise buildings (up to and including 4-

storeys).

3.4

The minimum required gross floor area of non-residential uses that support the

economic function of the Secondary Plan Area shall be built prior to, or concurrent with,

the associated new residential development, except for Block "F" where employment

uses must be built prior to any residential uses.

3.5

New development that includes more than one building within a Block is to

provide the minimum required gross floor area of non-residential uses that support the

economic function of the Secondary Plan Area in one or more buildings.

3.6

Office uses and other commercial uses that are not retail based are strongly

encouraged within new developments.

4.

PUBLIC REALM

The public realm is made up of streets, parks and other publicly owned and publicly

accessible private lands. Sunlight and wind conditions are important elements of a

comfortable public realm. The public realm policies support a number of key place

making objectives and create opportunities to connect important destinations internal and

external to the Secondary Plan Area. The Newcastle Extension and Mimico-Judson

Greenway are major components of the public realm and play a large role in achieving

several goals of this Secondary Plan.

Policies

4.1

The structure of the Public Realm is shown on the Public Realm Structure Plan

illustrated as Map 35-4.

Newcastle Extension

4.2

The Newcastle Extension is a key connector that will extend Newcastle Street

from its existing terminus at Audley Street to connect to Portland Street.

4.3

The Newcastle Extension will have a right-of-way width of 25 metres and will

run parallel to, and be wholly located within, the required setback from the rail corridor.

The right-of-way will be complemented by an above grade building setback of 3 metres

from the Newcastle Extension.

4.4

The Newcastle Extension will achieve a more integrated public street network

within the Secondary Plan Area, provide additional public street frontage for Block "E",

and create direct and safe pedestrian access to the Mimico GO Station from the nearby

residential community to the east.

Mimico-Judson Greenway

4.5 The Mimico-Judson Greenway is a key connector that will provide a dedicated,

direct and safe multi-use trail for pedestrians and cyclists through and beyond the

Secondary Plan Area.

4.6

The Mimico-Judson Greenway:

a) East of Royal York Road may be located within the required setback

from the rail corridor, on Metrolinx lands, or within portions of the Newcastle

and Windsor Street rights-of-way; and

b)

West of Royal York Road will be located on the south side of Judson

Street and form part of the planned 23 metre right-of-way. Where the right-of-

way requires widening along Judson Street, additional lands will be acquired

from properties on the south side of Judson Street.

4.7

The Mimico-Judson Greenway will be a shared pedestrian and cycling trail with

integrated landscape features and will link to existing parks and open spaces in the

surrounding community such as Grand Avenue Park, Ourland Park and Coronation

Park, as well as the new public park located within the Secondary Plan Area identified

on Map 35-2.

Public Realm Improvements

4.8

The Mimico-Judson Urban Design Guidelines will establish a context for

coordinated development within the Secondary Plan Area and provide guidance for

development to support the Public Realm Policies.

4.9

Uses that provide amenities for future and existing employees are encouraged

throughout the Secondary Plan Area to create an attractive work environment and to

support the existing employment function.

4.10 New development and public realm improvements will prioritize pedestrian

movements throughout the Secondary Plan Area to ensure safety and minimize

conflicts between pedestrians and vehicles, while ensuring that goods movement

continue to be facilitated.

4.11 Pedestrian priority areas will be created through increased building setbacks,

additional landscaping and signage and are intended to direct pedestrian activity to the

sides of the street on which Blocks "A2", "B", "C", and "D" are located. To minimize

pedestrian conflict with employment uses, Pedestrian Priority Areas are identified on

Map 35-5 Movement Strategy and apply to the following blocks:

a)

West side of Windsor Street between Portland Street and the Mimico

GO Station;

b)

East side of Buckingham Street between Portland Street and Newcastle

Street; and

c)

South side of Newcastle Street between Windsor Street and

Buckingham Street.

The Mimico-Judson Urban Design Guidelines will provide design details of

each

pedestrian priority area.

4.12 Privately Owned, Publicly Accessible Open Spaces (POPS) will be encouraged

in new developments containing residential uses and designed to extend and connect

the public realm with development sites in a way that is accessible to members of the

public year-round.

5.

MOVEMENT

The Movement Strategy for the Secondary Plan Area is based on the opportunities to

utilize higher order transit and improve the Secondary Plan Area's integration with

neighbouring communities. The Movement Strategy provides for the introduction of the

Newcastle Extension along with the Mimico-Judson Greenway, which will extend the

local road network and provide for important pedestrian/cycling connections across Royal

York Road.

Policies

5.1

The Movement Strategy for the Mimico-Judson Secondary Plan Area is

illustrated on Map 35-5.

Newcastle Extension and Mimico-Judson Greenway

5.2 The Newcastle Extension and Mimico-Judson Greenway will be acquired prior

to or in conjunction with redevelopment within Block "E". Within Block “C”, the Mimico-

Judson Greenway may be secured through an easement registered on title for any

portion(s) located within a rail corridor setback, or on Metrolinx lands, or within portions

of the Newcastle and Windsor Street rights-of-way.

5.3

The detailed design of the Newcastle Extension and Mimico-Judson Greenway

will be informed by the Mimico-Judson Urban Design Guidelines and refined through

the preparation of Detailed Block Plans as required by this Secondary Plan and will

include details on required rail safety infrastructure and noise attenuation features, and

the location of any required servicing infrastructure.

5.4

Development shall not proceed within the portion of Block "E" that includes the

Newcastle Extension until the alignment and detailed design of the right-of-way is

acceptable to the City.

Transit and Active Transportation

5.5

Rerouting local surface transit to the Newcastle Extension is encouraged to

provide more direct access to the Mimico GO Station.

5.6

Any improvements and/or site alterations to the Mimico GO Station should be

undertaken in a manner that advances this Secondary Plan with respect to improved

pedestrian and cycling connectivity both across and along the rail corridor and facilities

for providing pick-up and drop-off that can be wholly accommodated on site.

5.7

The Mimico-Judson Greenway overpass at Royal York Road will be

implemented through future capital improvements.

5.8

Where appropriate and in accordance with the Mimico-Judson Urban Design

Guidelines, the following cycling infrastructure will be encouraged within the Secondary

Plan Area to facilitate increased cycling safety and ridership:

a)

Separated bicycle lanes, sharrows, signed routes and off-street multi-

use trails such as the Mimico-Judson Greenway;

b)

c)

Increased bicycle parking; and

Space allocated for future expansion of the Bike Share network at

Mimico GO Station.

5.9

Commuter vehicle and bicycle parking will be encouraged as part of new

developments within the Mimico-Judson Secondary Plan Area.

Goods Movement and Loading

5.10 The following vehicle routes are loading and goods movement priority routes.

Signage will indicate that these routes facilitate loading and goods movement to and

from the existing and future businesses within the Mimico Triangle Area:

a)

b)

c)

d)

Portland Street between Royal York Road and Buckingham Street;

Newcastle Street between Royal York Road and Buckingham Street;

Windsor Street between Portland Street and Newcastle Street; and

Buckingham Street between Portland Street and Newcastle Street.

5.11 In conjunction with the identified Pedestrian Priority Areas (Policy 4.11),

adequate signage and wayfinding will be implemented to discourage pedestrian activity

along sidewalks within Blocks "A1" and "A3".

5.12 Where possible, new development will locate loading docks away from public

streets to minimize conflicts between loading vehicles and pedestrians.

6.

BUILT FORM

The infill redevelopment opportunities provided for within the Secondary Plan Area will

take various built forms based on their location within the Secondary Plan Area, the site's

ability to provide key infrastructure such as new roads and parkland and surrounding

context. New development should define the street edges, parks and open spaces and

ensure the scale and form will respect the scale of the existing Neighbourhoods and

achieve compatibility with the permitted employment uses within the Secondary Plan

Area.

Policies

6.1

Development within the Secondary Plan Area shall be constructed no taller than

the maximum building heights illustrated on Map 35-6.

6.2

Development within the Secondary Plan Area shall:

a) Not cast any shadows onto the park block locations in Block "D" and

"E" as identified on Map 35-3 for seven continuous hours during the spring

and fall equinoxes; and

b)

Not cast any shadows on lands designated Neighbourhoods between

the hours of 10:00 a.m. and 5:00 p.m. during the spring and fall equinoxes.

Context-Based Intensification

6.3 Building heights and scale will be organized generally with:

a)

Low-rise buildings located west of Royal York Road, including on the

south side of Judson Street;

b)

Mid-rise buildings located east of Royal York Road, with the exception

of Block "C" south of Newcastle Street;

c)

Tall buildings only located on Block "C" south of Newcastle Street,

adjacent to the previously approved tall building; and

d)

Lower heights along street edges, particularly on the south side of

Portland Street.

6.4

For the purposes of this Secondary Plan and given the unique area context:

a)

Low-rise buildings are buildings no taller than 4-storeys (16.5 metres)

in height;

b)

Mid-rise buildings are buildings no less than 5-storeys (16.5 metres)

and no more than 12-storeys (37.5 metres) in height; and

c)

Tall buildings are buildings no less than 13-storeys (40.5 metres) and

no more than 30-storeys (91.5 metres) in height.

6.5

Development should:

a)

b)

Provide a consistent four-storey street wall;

Incorporate a stepback above the fourth storey along all public

streets; and

c)

Be located entirely within a 45 degree angular plane measured from

all property lines abutting streets beginning at 16 metres above grade

measured at the property line abutting the street.

6.6

On Block "C" only, tall buildings may pierce the angular plane for a portion of

the street frontage.

7.

LIVABILITY

A range and mix of housing and the provision of parks and community services and

facilities support and enhance quality of life for residents. To achieve a complete and

inclusive community, a full range of housing in terms of form, tenure and affordability,

community services and facilities and a new public park will be required.

Policies

Housing

7.1

New residential development in Mixed Use Areas will provide a residential unit

mix with:

a)

For Blocks "B", "C", "D", and "E", 25 percent or more of the units built

as two-bedroom units or larger, including 10 percent of the total units built as

three-bedroom units or larger;

b)

For Block "F", 100 percent of residential units being family sized units,

with the exception of 29 Judson Street, which must provide a minimum of 15

percent two- bedroom units; and

c)

At least one-half of all two-bedroom and three-bedroom or larger units

in a) above built with all bedrooms located on an exterior wall with glazing.

7.2

Development of new affordable rental and ownership housing is encouraged.

Community Services and Facilities

7.3

The Secondary Plan Area is a relatively small area that is located within a larger

community where there are opportunities to provide additional community services and

facilities to support and meet the needs of residents and employees.

7.4

Community Services and Facilities priorities for the Secondary Plan Area and

surrounding community include the following:

a)

b)

c)

Pre-school programs;

Senior day programs; and

Farmers Markets.

7.5

The Lakeshore Mimico Lawn Bowling Club site and building located within

Coronation Park and adjacent to the Secondary Plan Area presents an opportunity to

be repurposed to accommodate some of the identified community services and facilities

priorities for the Secondary Plan Area and broader community.

7.6

Community services and facilities will be located within the Secondary Plan

Area or in close proximity to resident and employee populations.

7.7

The City will monitor the needs and priorities for additional community services

and facilities to serve the residents and employees of the Secondary Plan Area as

development occurs.

Parks

7.8

New public park(s) are required to serve future and existing residents and

employees within the Secondary Plan Area, act as a focal point of the neighbourhood,

and should be located to allow for easy access to the Mimico-Judson Greenway.

7.9

New public park(s) will be located within Block "D" and "E" identified on Map

35-2 and have frontage on at least two public streets in highly visible and accessible

locations, and designed to be in keeping with the character of the neighbourhood.

7.10 New public park(s) will be of a size and shape that will achieve a centrally

located park.

7.11 The public park space will provide a neighbourhood park atmosphere, which

will allow for a variety of outdoor activity and passive recreation opportunities for

workers, residents and visitors to the area. It will assist in creating connections

between private and public open spaces within the Secondary Plan Area.

7.12 For developments in Block "D", the dedication of land for the public park will be

the priority over a dedication through cash-in-lieu.

7.13 Proponents who are seeking to develop on lands within the Secondary Plan

Area outside of Block "D" are encouraged to secure off-site parkland dedication within

Block "D".

7.14 Notwithstanding Policy 4.3.8 of the Official Plan, the City may enter into a land

exchange agreement(s) with property owners in Blocks “D” and “E” to facilitate the

achievement of a comprehensive parks plan serving the area. Without limitation, the

land exchange agreement may include terms that permit interim land configurations to

facilitate phasing of redevelopment within Blocks “D” and “E”.

8.

ENVIRONMENTAL

The introduction of sensitive land uses and new development close to operating

businesses requires appropriate regard for environmental compatibility between existing

and planned employment uses and the development of lands with residential and other

sensitive use permissions.

Policies

8.1

Developments within Blocks "A1", "A2", "A3", "B", "C", "D", "E" and "F" on Map

35-3 containing residential or sensitive uses shall be appropriately designed, buffered

and/or separated from existing and operating industries to prevent or mitigate adverse

effects from noise, vibration, odour and other emissions and contaminants.

8.2

All development applications that propose residential or other sensitive uses will

require a Noise and Vibration Impact Assessment to address any impacts and identify

any recommended mitigation measures.

8.3

Areas where there is a mix of industrial, other non-residential and residential

uses offer an opportunity for District Energy Systems. Development in the Secondary

Plan Area is encouraged to consider District Energy Systems, either on a block-wide

or area-wide basis.

8.4

Detailed environmental noise/vibration and air emissions report(s) and detailed

design plans, acceptable to the City, shall be required in support of any zoning by-law

amendment applications for sensitive land uses on Block "A1" and the west side of

Block "D". Such reports are to specify how compatibility will be achieved and

maintained between permitted uses within Block "A1" and the proposed development

on Block "A1" and the west side of Block "D", and shall include mitigation measures

aimed at eliminating or minimizing impacts.

a)

b)

With respect to noise and vibration, by designing to NPC 300

sound levels, with the opportunity to implement Class 4

and

With respect to air emissions, in accordance with the relevant

emissions criteria of the Ontario Ministry of Environment and

Change collectively the “mitigation measures”.

Class 1

measures;

Climate

8.4.1 The environmental noise/vibration and air emissions reports shall be

prepared by qualified acoustical and air quality engineers.

8.4.2 The environmental noise/vibration and air emissions reports and design

mitigation measures shall be reviewed by third party peer reviewers, retained

by the City and at the developer’s expense, all to the satisfaction of the City in

consultation with the affected industry(ies).

of

8.4.3 The environmental noise and air emissions report(s) shall include:

a)

A determination of the predictable worst-case impact from all

noise and air emission sources, taking into account the

effect, where applicable and as reflected in current

relevant

cumulative

guidelines of:

i.

both the expansion or alteration plans of existing

source(s) that can reasonably be expected to be

given current land use permissions, and new stationary

that would be permitted in the future based on the in-

zoning; and

stationary

implemented

sources

force

ii.

new stationary sources that would be permitted in the

future

based on the in-force zoning; and

b)

c)

d)

The identification of all receptor locations in the proposed

development with the potential to experience adverse impacts;

A determination of the numerical noise/vibration and air

excesses at such receptors, if any; and

emissions

to

The preparation of specific recommendations for mitigation at

receptor, to be incorporated into the design of the development,

create an appropriate noise/vibration and air quality

future occupants/users of the proposed development,

account commonly used criteria in Ontario for assessing

abatement and with the expectation, that where required

MOECC, the industry shall have a valid Certificate of Approval

environment for

taking into

emissions

by the

(C of

A) or Environmental Compliance Approval (ECA).

8.4.4 Receptor-based mitigation measures may include, among other things,

land use separation, building massing and siting, phasing, buffering, and design

mitigation or equivalent measures to address noise, vibration, odour, air

quality and nuisance impacts.

8.4.5 The environmental noise/vibration and air emissions reports may

include

proposed

consideration of at-source mitigation measures at the expense of the

sensitive land use where there is cooperation between the owners and

the

consent of the affected industry.

8.4.6 Mitigation measures will set out in the zoning by-law amendments.

8.4.7 Mitigation measures will also be implemented through conditions of site

plan approval, subdivision and/or condominium approval, where appropriate, at the

City’s discretion.

8.4.8 Mitigation measures and the maintenance thereof shall be secured

appropriate agreements which may include agreements between the

through

City and

of lands

the developer and/or agreements between the developer and owners

in proximity to the new sensitive use.

8.4.9 Mitigation measures will be incorporated into the design of the buildings

with a proposed sensitive use (and at-source, where applicable) and shall be

included in the drawings required to be approved pursuant to the site plan

provisions of the Planning Act.

8.4.10 Prior to issuance of building permits, the owner shall provide a

certification letter from the qualified acoustical and air quality engineers, as

applicable, to the City confirming that the building permit drawings have been

reviewed and the required mitigation measures have been incorporated into the

building

design in accordance with the approved site plan drawings and the

environmental noise/vibration and air emissions reports and any addendums.

If mitigation is to be implemented at the source, the appropriate shop drawings

shall be reviewed.

8.4.11 Prior to the earlier of occupancy or the registration of the plan of

condominium, the owner shall provide the qualified acoustical and air quality

engineers’ certification letters to the City advising that the required mitigation

measures, including any mitigation at source, have been inspected and

installed in accordance with the approved site plan drawings and the

environmental noise/vibration and air emissions reports and/or any

addendums.

8.4.12 Warning clauses, in accordance with the MOECC NPC-300 guideline,

will be registered on title and in the appropriate agreements. Warning clauses to

notify purchasers of the applicable Class 4 designation in accordance with

NPC 300 guidelines will be registered on title and in the appropriate

agreements

9.

IMPLEMENTATION

Redevelopment of the Secondary Plan Area will likely occur over the long term, where

existing employment uses will be strengthened through reinvestment opportunities

provided by land use certainty and the requirement for the provision of a minimum gross

floor area of uses that support the economic function of the Secondary Plan Area as part

of any development. The introduction of residential uses on some lands within the

Secondary Plan Area is provided for to deliver key components of neighbourhood

infrastructure necessary to fulfill the objectives of this Secondary Plan. The following

implementation strategy ensures the delivery of important structural elements of the

Secondary Plan's structure.

Policies

9.1

The policies and development criteria of the Official Plan continue to apply to

the Secondary Plan Area, subject to the policies of this Secondary Plan. For clarity:

a)

b)

In the event of a conflict with the Official Plan, the policies of the

Secondary Plan shall prevail.

In the event of a conflict with the Official Plan or the Secondary

Plan,

a Site and Area Specific Policy shall prevail.

c)

Notwithstanding the maps of this Secondary Plan, the maps

in a Site and Area Specific Policy shall prevail.

contained

Detailed Block Plans

9.2

Blocks "C", "D" and "E" shall be required to submit Detailed Block Plans as part

of the Zoning By-law Amendment application envisioning the development of the entire

block regardless of ownership patterns.

9.3

Landowners are encouraged to collaborate on the preparation and submission

of the required Detailed Block Plans which will be reviewed for conformity with the

policies of this Secondary Plan and shall have appropriate regard to supporting

documents including the Mimico-Judson Urban Design Guidelines and other applicable

City of Toronto Urban Design Guidelines.

9.4

The Detailed Block Plan required in Policy 9.2 will illustrate one or more options

for acceptable built form of development within the Block, including on lands that are

not subject to the application.

9.5

(a)

The Detailed Block Plan for Block "C1" is Site and Area Specific Policy

XXX;

(b)

Other lands within Block “C” not covered by Site and Area Specific

Policy XXX shall be required to update the Block Plan in Site and Area Specific

Policy XXX by amendment to this Plan; and

(c)

Notwithstanding Policy 9.5 (b) above, should Block "C1" and other sites

in Block "C" be developed concurrently, said other sites shall not be required

to update the Block Plan in Site and Area Specific Policy XXX by amendment

to this Plan and amendment to Site and Area Specific Policy XXX.

9.6

The Joint Detailed Block Plan for Blocks "D1", "D2", "D3" and E1" is Site and

Area Specific Policy XXX.

9.7

Other lands in Blocks “D” and “E” not covered by Site and Area Specific Policy

XXX shall be required to update the Block Plan in Site and Area Specific Policy XXX

by amendment to this Plan and amendment to Site and Area Specific Policy XXX.

9.8

Notwithstanding Policy 9.7 above, should Block "E1" and other sites in Block

"E" be developed concurrently, said other sites shall not be required to update the

Block Plan in Site and Area Specific Policy XXX by amendment to this Plan and

amendment to Site and Area Specific Policy XXX.

9.9

Detailed Block Plans will be considered by City staff. Site and Area Specific

Policies will be recommended to City Council for each Block as Official Plan

Amendments to this Secondary Plan.

Zoning By-law

9.10 Block-wide Zoning By-law Amendments may be considered and adopted by

Council to advance the policies contained within this Secondary Plan.

Development Permit System

9.11 A Development Permit System may be established to ensure that development

is in keeping with the Secondary Plan policies and vision.

Urban Design Guidelines

9.12 Urban Design Guidelines will be adopted by City Council that:

a)

Establish a context for coordinated development within the Secondary

Plan Area;

b)

Outline built form criteria related to massing, articulation, and

shadows;

c)

Provide detailed guidance for the development of the public realm,

including the relationship of buildings to the public realm;

d)

Identify location, treatment and character of key components of the

public realm;

e)

Illustrate cross sections for future works to be carried out in the public

right-of- way; and

f)

Inform the preparation and evaluation of Detailed Block Plans for

consideration by the City.

9.13 No changes will be made through rezoning, minor variances, consent or any

other public action that are not consistent with the planned character of the Secondary

Plan Area, as stated in this Secondary Plan.

Section 37 of the Planning Act

9.14 In addition to the policies of Section 5.1.1 of the Official Plan regarding Section

37 of the Planning Act, the following policies apply to the lands.

9.15 The following will be considered as priorities, though other items may also be

secured as appropriate with Council approval:

a)

Non-profit community services and facilities, including the acquisition

of community service program space for pre-school programs, senior day

programs and farmers markets;

b)

c)

d)

e)

Non-profit childcare facilities;

Parkland improvements;

Community gardening infrastructure;

Affordable housing units;

f)

Affordable studio and employment space for arts and culture based

employment uses; and

g)

Pedestrian and cycling bridge across Royal York Road and

associated landscaping.

9.16 Despite Policy 5.1.1.4 of the Official Plan, Policy 5.1.1.1 of the Official Plan will

only apply to a proposed development that would permit a building or structure with

residential gross floor area. The base value, in terms of residential gross floor area,

from which increased height and/or density may be permitted in return for certain capital

facilities will be 0 (zero) FSI. Any non-residential gross floor area that will not be subject

to Policy 5.1.1.1 of the Official Plan.

Draft Plan of Subdivision, Consent or Conveyance

9.17 Any division of land will be in conformity with the Mimico-Judson Secondary

Plan and will create land parcels that facilitate development consistent with the intent

of this Secondary Plan.

Holding "H" By-laws

9.18 Holding "H" By-laws may be used pursuant to Section 36 of the Planning Act to

secure infrastructure as outlined in the Secondary Plan, including but not limited to: the

Newcastle Extension, the new public park; portions of the Mimico-Judson Greenway;

any identified rail mitigation requirements; and any required servicing infrastructure

necessary for the full build-out of lands within the Secondary Plan Area.

Municipal Servicing

9.19 Municipal infrastructure required to support development will be provided on

municipal lands and will be provided prior to, or concurrent with, development.

Cost Sharing

9.20 Where municipal infrastructure has been front-ended by landowners, cost sharing among

benefitting owners of development sites in the Secondary Plan Area for improvements to

existing transportation and servicing infrastructure and at source noise and air emission

mitigation measures required in connection with or to support new developments shall be

required and secured prior to the adoption of implementing Zoning By-law Amendments.

List of Maps

Map 35-1 Secondary Plan Area

Map 35-2 Structure Plan

Map 35-3 Land Use Designations

Map 35-4 Public Realm Plan

Map 35-5 Movement Strategy

Map 35-6 Built Form Typology

SCHEDULE 2

SITE AND AREA SPECIFIC POLICIES

1.0

Blocks "A1", "A2", and "A3"

Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy

No. XXX for certain lands within the blocks bounded by Buckingham Street, Windsor Street,

Portland Street and Newcastle Street as follows:

Site and Area Specific Policy XXX - Blocks "A1", "A2", and "A3"

Block "A1", "A2", and "A3" located in close proximity to the Mimico GO Station makes the site

uniquely positioned to provide a mix of residential and non-residential uses to advance the vision

of the Mimico-Judson Secondary Plan. Site and Area Specific Policy No. XXX is intended to be

read with the policies of the Official Plan and any Secondary Plan applicable to the Site, except

where provided otherwise. The following Site and Area Specific Policies apply to Blocks "A1",

"A2", and "A3":

Development Standards for Block "A1" (2, 4 & 24 Buckingham Street, 81 to 89 Portland

Street and 48 to 60 Newcastle Street) and Block "A2" (66 Newcastle Street)

1.1

1.2

Lands in Block "A1" and Block "A2" are designated Mixed Use Areas.

Development of residential uses on lands within Block "A1" (with the exception of 21,

23, 25 and 31 Windsor Street and 18 Buckingham Street) and Block "A2" will:

a)

b)

Have a height limit of four-storeys;

Require the provision of a minimum gross floor area of non-residential uses that

support the economic function of the Secondary Plan Area, based on a minimum

of 0.5 non-residential employment Floor Space Index; and

Protect for the area's economic function by providing land use certainty for

businesses that wish to continue and/or expand their operation in the Block "A1"

and "A2".

c)

1.3

All other policies within the Secondary Plan relating to Blocks "A1" and "A2" will

continue to apply.

Development Standards for Block "A3" (21, 23, 25 and 31 Windsor Street and 18

Buckingham Street)

2.1

2.2

Within the lands subject to this Site and Area Specific Policy:

a)

b)

Only Mid-rise buildings, as defined in the Secondary Plan, may be located on the

lands west of the north-south laneway shown on Map A; and

Only Low-rise or Mid-rise buildings may be located east of the north-south

laneway in accordance with the height limits shown on Map A.

All buildings will provide a minimum consistent four-storey street wall height, not

exceeding 16 metres in height.

2.3

2.4

All buildings will fall within 45 degree angular planes measured from 16 metres above

the property lines on Windsor Street and Portland Street.

Buildings will not cast shadow north of the property line of the lots on the north side of

Portland Street on either March 21st or September 21st from 10:18 a.m. to 5:18 p.m.

(including shadow caused by buildings, parapets, balconies and mechanical penthouses).

2.5

2.6

2.7

Subject to compliance with the shadow and angular plane limitations set out above,

buildings should be set back at least the distances shown on Map A.

Maximum heights, maximum number of storeys, minimum setbacks, and minimum

stepbacks are shown on Map A.

Notwithstanding 2.6 above, mechanical penthouses and other roof structures may exceed

the maximum heights shown on Map A and are subject to compliance with the shadow

and angular plane limitations.

2.8

2.9

Projecting balconies with a maximum depth of 1.7 metres are only permitted above the

fourth floor, except if the outside edge of the projecting balcony is setback a minimum of

3 metres from the edge of the storey below.

Only non-residential uses will be permitted in Mixed Use Areas on these lands located

east of a new north-south lane, as shown on Map A.

2.10 The minimum gross floor area for non-residential uses will be 1.0 Floor Space Index

based on all buildings on these lands (minimum of 9,376 square metres).

2.11 The maximum gross floor area for residential uses will be 23,052 square metres.

2.12 Phasing of development will be required within the lands subject to this site and area

specific policy as follows:

a)

Phase 1 will be either:

i.

One mixed use building that includes residential development and a

minimum non-residential gross floor area of 5,100 square metres;

An office building of at least 4 storeys and/or 2,400 square metres to be

located within that portion of the lands fronting on Buckingham Street east

of the north-south laneway); or

ii.

iii.

Both the mixed use building and office building contemplated in

subsections i. and ii. above.

b)

If an office building is not completed as part of Phase 1, then Phase 2 will be an

office building of at least 4-storeys and/or 2,400 square metres to be constructed

within that portion of the lands fronting on Buckingham Street east of the north-

south laneway. This office building must be completed prior to the issuance of

any building permit for any residential or mixed use buildings other than the

mixed use building that is permitted to be constructed as part of Phase 1.

2.13 A pedestrian walkway/sidewalk on the south side of a new east/west laneway, as shown

on Map A, will not be permitted while the Portuguese Cheese manufacturing facility to

the south is in operation.

2.14 Laneways will be provided that run east-west from Windsor Street to Buckingham Street,

and north-south from Portland Street to the southern boundary of the site, generally as

shown on Map A, and the laneway will be subject to an unencumbered above grade

easement for public access granted by the owner to the City.

2.15 The travelled portion of the laneways will be 6.0 metres in width to accommodate two-

way traffic.

2.16 Pedestrian sidewalks will be provided within laneways with a minimum width of 2.5

metres.

2.17 Between the north-south laneway and the west façade of the office building located east

of the north-south laneway, the rear yard will consist primarily of hard landscaping with

mountable curb, to accommodate the turning movements for tractor trailers accessing the

Portuguese Cheese facility. Easements in favour of the City for public vehicular access

will be required to accommodate truck movements.

2.18 Detailed environmental noise/vibration and air emissions report(s) and detailed design

plans, acceptable to the City, shall be required in support of any Zoning Bylaw

Amendment applications for sensitive land uses on Block "A3". Such reports are to

specify how compatibility will be achieved and maintained between permitted uses

within Blocks "A1" and "A2", and shall include mitigation measures aimed at eliminating

or minimizing impacts:

a)

b)

With respect to noise and vibration, by designing to NPC 300 Class 1 sound

levels, with the opportunity to implement Class 4 measures; and

With respect to air emissions, in accordance with the relevant emissions criteria of

the Ontario Ministry of Environment and Climate Change, collectively the

"mitigation measures".

2.19 The environmental noise/vibration and air emissions reports shall be prepared by

qualified acoustical and air quality engineers.

2.20 The environmental noise/vibration and air emissions reports and design of mitigation

measures shall be reviewed by third party peer reviewers, retained by the City and at the

developer's expense, all to the satisfaction of the City in consultation with the affected

industry(s).

2.21 The environmental noise and air emissions report(s) shall include:

a)

A determination of the predictable worst-case impact from all relevant noise and

air emission sources, taking into account the cumulative effect, where applicable

and as reflected in current guidelines of:

i.

Both the expansion or alteration plans of existing stationary source(s) that

can reasonably be expected to be implemented given current land use

permissions;

ii.

New stationary sources that would be permitted in the future based on the

in-force zoning

iii.

iv.

v.

The identification of all receptor locations in the proposed development

with the potential to experience adverse impacts;

A determination of the numerical noise/vibration and air emissions

excesses at such receptors, if any; and

The preparation of specific recommendations for mitigation at receptor.

To be incorporated into the design of the development, to create an

appropriate noise/vibration and air quality environment for future

occupants/users of the proposed development, taking into account

commonly used criteria in Ontario for assessing emissions abatement and

with the expectation, that where required by the MOECC, the industry

shall have a valid Certificate of Approval (C of A) or Environmental

Compliance Approval (ECA).

2.22 Receptor-based mitigation measures may include, among other things, land use

separation, building massing and siting, phasing, buffering, and design mitigation or

equivalent measures to address noise, vibration, odour, air quality and nuisance impacts.

2.23 The environmental noise/vibration and air emissions reports may include consideration of

at-source mitigation measures at the expense of the proposed sensitive land use where

there is cooperation between the owners and the consent of the affected industry.

2.24 Mitigation measures will be set out in the zoning by-law amendments.

2.25 Mitigation measures will also be implemented through conditions of site plan approval,

subdivision and/or condominium approval, where appropriate, at the City's discretion.

2.26 Mitigation measures and the maintenance thereof shall be secured through appropriate

agreements which may include agreements between the City and the developer and/or

agreements between the developer and owners of lands in proximity to the new sensitive

use.

2.27 Mitigation measures will be incorporated into the design of the buildings with a proposed

sensitive use (and at-source, where applicable) and shall be included in the drawings

required to be approved pursuant to the site plan provisions of the Planning Act.

2.28 Prior to issuance of building permits, the owner shall provide a certification letter from

the qualified acoustical and air quality engineers, as applicable, to the City confirming

that the building permit drawings have been reviewed and the required mitigation

measures have been incorporated into the building design in accordance with the

approved site plan drawings and the environmental noise/vibration and air emissions

reports and any addendums. If mitigation is to be implemented at the source, the

appropriate shop drawings shall be reviewed.

2.29 Prior to the earlier of occupancy or the registration of the plan of condominium, the

owner shall provide the qualified, acoustical and air quality engineers' certification letters

to the City advising that the required mitigation measures, including any mitigation at

source, have been inspected and installed in accordance with the approved site plan

drawings and the environmental noise/vibration and air emissions reports and/or any

addendums.

2.30 Warning clauses, in accordance with the MOECC NPC-300 guidelines, will be registered

on title and in the appropriate agreements. In addition, if the Class 4 designation is

implemented by Council, warning clauses to notify purchasers of the applicable Class 4

designation in accordance with NPC-300 guidelines will be registered on title and in the

appropriate agreements.

2.0

Block "C1"

Chapter 7, Site and Area Specific Policies is amended by adding Site and Area Specific Policy

No. XXX for certain lands bounded by Newcastle Street, Windsor Street and the Metrolinx

Railway Tracks as follows:

Site and Area Specific Policy XXX – Block "C1"

Block “C1” (39 Newcastle Street) located adjacent to the Mimico GO Station makes the site

uniquely positioned to provide desired public infrastructure as well as a mix of residential and

non-residential uses to advance the vision of the Mimico-Judson Secondary Plan. Site and Area

Specific Policy No. XXX is intended to be read with the policies of the Official Plan and any

Secondary Plan applicable to the Site, except where provided otherwise. The following Site and

Area Specific Policies apply to Block “C1”:

Development Standards for Block C1 (39 Newcastle Street)

1.1

Tall buildings are permitted on Block "C1”. Maximum heights and the related maximum

number of storeys are shown on Map C1. A combination of lower height podiums and

slender, well-spaced tall buildings together with pedestrian and cycling infrastructure will

result in a high-density development as well as the necessary physical infrastructure to

support it.

1.2

Some areas within Block “C1", as depicted on Map C1, are Height Sensitive Areas. In

Height Sensitive Areas, tall building podiums will not exceed 4-storeys, excluding

mezzanine areas, or a maximum of 18.5 metres, unless generous stepbacks to

significantly reduce the visual and shadow impacts of built form in the podium above

18.5 metres are incorporated into the building design. The tower portion of a tall building

will have a generous stepback from the podium and adjacent to public streets.

1.3

1.4

Heights lower than 18 metres are required along street edges, particularly on the south

side of Newcastle Street and the east side of Windsor Street as shown on Map C1.

Where podiums are within Height Sensitive Areas along Newcastle Street and Windsor

Street, podiums either will not exceed 4-storeys, excluding mezzanine areas, or a

maximum of 18.5 metres, or will incorporate generous stepbacks to significantly reduce

the visual and shadow impacts of built form in the podium above 18.5 metres up to the

podium height limits as shown on Map C1.

1.5

For the purposes of this Site and Area Specific Policy, Tall Buildings are portions of

buildings which exceed a height of 12-storeys and 46 metres.

1.6

1.7

1.8

The tower portions of Tall Buildings shall be located as shown on Map C1.

A maximum of 3 Tall Buildings shall be permitted in accordance with Map C1.

Unless otherwise specified, a maximum tower floorplate (gross construction area) of 750

square metres (excluding enclosed noise buffer balconies) is permitted for any portion of

a Tall Building which is located above the 8th storey or above a height of 26.0 metres.

1.9

The floorplate of any portion of a Tall Building which is located above the 8th storey or

above a height of 26 metres, shall be separated from any portion of a Tall Building also

located above the 8th storey or above a height of 26 metres by a minimum of 25 metres,

excluding the following projections which may project into the 25 metre separation

distance from another Tall Building:

a)

b)

balconies up to 2.05 metres in depth unless otherwise specified; and

as will be specified in the site specific zoning bylaws.

1.10 Tall Buildings shall not project beyond a 45 degree angular plane drawn from the south

lot line of properties designated Neighbourhoods on the north side of Portland Street.

There will be minimal shadows on Neighbourhoods and Parks and Open Spaces,

assessed on a cumulative basis across the blocks.

1.11 Ground floor heights will be a minimum of 4.5 metres to facilitate non-residential uses at

grade.

1.12 Residential floor to floor heights are encouraged to be approximately 2.9 metres, to

improve sunlight access into dwelling units.

1.13 Map C1 illustrates the implementation of the above. The setbacks and stepbacks

illustrated on Map C1 are deliberate. The intent is to provide generous stepbacks from

streets and other buildings within the block.

1.14 No portion of a building shall be located on Block "C1" except within the heavy lines

shown on Map C1. Detailed building tower floor plate sizes, setbacks, stepbacks and

height limits (in both metres and storeys), particularly with respect to Height Sensitive

Areas, shall be as shown on Map C1.

1.15 A total of 65,250 square metres of gross floor area (excluding enclosed noise buffer

balconies, at or above-grade parking and above-grade locker/storage areas), comprising a

maximum of 62,700 square metres of residential gross floor area, together with a

minimum of 2,350 square metres of non-residential gross floor area, shall be permitted.

1.16 Phasing of the project is permitted, including the appropriate phasing of development

standards and non-residential gross floor area, provided all requirements are satisfied

prior to the occupancy of the last Phase.

1.17 Notwithstanding the maximum building envelope of the tower portion of the Tall

Building shown on Map C1, enclosed noise buffer balconies may project by 2.05 m from

all faces of the tower portion of the tall building beyond the building envelope.

1.18 Notwithstanding Policy 1.17 above, the area of enclosed noise buffer balconies may be

excluded from the calculation of gross floor area.

1.19 The Mimico-Judson Greenway shall be located within the Newcastle Street and Windsor

Street rights-of-way as shown on Map C1.

1.20 The site specific policies for Block "C1" shall prevail over the general policies of the

Secondary Plan where they conflict.

1.21 In addition to those matters listed in Section 7.4 of the Mimico-Judson Secondary Plan,

community benefits secured under Section 37 of the Planning Act will include the

completion of or funds provided for the following:

a)

Provision of the Mimico Judson Greenway including the construction of a

pedestrian and cycling bridge over Royal York;

Public art; and

b)

c)

Enhanced roadway and streetscape improvements.

3.0

Blocks "D" and "E"

Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy

No. XXX for certain lands within the blocks bounded by Buckingham Street, Newcastle Street,

Portland Street and the Metrolinx Railway Tracks as follows:

Site and Area Specific Policy XXX - Blocks "D" and "E"

Given the size and location of the properties within Blocks "D" and "E", they are uniquely

positioned and situated to provide desired public infrastructure, including public parks and

streets, as well as a mix of residential and employment uses to advance the vision of the

Secondary Plan. Site and Area Specific Policy No. XXX is intended to be read with the policies

of the Official Plan and any Secondary Plan applicable to the Site, except where provided

otherwise.

The comprehensive planning and development of Blocks "D" and "E" will provide substantial

public infrastructure to implement the Secondary Plan. Accordingly, Map D/E indicates Blocks

D1, D2, and D3 within Block "D" and Block E1 within Block "E" (together, the "Site"), to which

the following policies apply:

1.1

A consolidated public park comprised of the full parkland dedication requirements for

Blocks D1, D2, D3 and E1 shall be provided with frontage on Buckingham Street,

Audley Street, Newcastle Street and the Newcastle Extension, having a minimum area of

3,786 square metres. In order to achieve a park of this size in this location, the

landowners of Blocks D1, D2, D3 and E1 will need to provide or secure a combination of

on-site dedications and off-site dedications, facilitated by a land exchange.

1.2

For development to proceed on Block "E", the Newcastle Extension will be located along

and within the south and east property lines of Block E1 and will connect to Portland

Street, as illustrated on Map D/E.

1.3

1.4

The existing termini of Newcastle Street and Grand Avenue may be connected in the

future by the Newcastle Extension and Mimico Judson Greenway with a right-of-way

width of 16.5 to 25.0 metres.

Development Standards for Blocks D1, D2, D3 and E1, shall include:

1.4.1 Tall buildings are permitted on Blocks "D" and "E" on Blocks D1, D2, D3 and E1

as per the building locations, and maximum heights which are shown on Map

D/E. On these sites, a combination of lower height podiums and slender, well-

spaced tall buildings as well as parks, new streets and pedestrian and cycling

infrastructure will result in a high-density development as well as the necessary

physical infrastructure to support it, including parks, new streets, expanded

pedestrian and cycling infrastructure, and childcare facilities.

1.4.2 Some areas within Blocks "D" and "E" are Height Sensitive Areas as shown on

Map D/E. In Height Sensitive Areas and near Parks and Open Spaces, tall

building podiums will not exceed 18 metres unless generous stepbacks to

significantly reduce the visual and shadow impacts of built form in the podium

above 18 metres are incorporated into the building design in accordance with

Policies 1.4.3 and 1.4.4. The tower portion of a tall building will have a generous

stepback from the podium, adjacent to public streets and parkland.

1.4.3 Heights lower than 18 metres are required along street edges, particularly on the

south side of Portland Street, the north side of Newcastle Street and the Newcastle

Extension, both sides of Audley Street and along park edges. A consistent street

wall with a maximum height of 18 metres will be provided and the total podium

height will not exceed the podium heights indicated on Map D/E and more

specifically on Maps D1, D2, D3 and E1, which range from a maximum of 18

metres to a maximum of 26 metres depending on the intensity of tall building

development within that block, with lower podium heights on blocks with the

greatest intensity of development and higher podium heights where tall building

development is less intense. Intensity is assessed in terms of numbers of towers

per block, tower coverage over the gross site area, tower floorplates and tower

heights.

1.4.4 Where podiums are within Height Sensitive Areas, as shown on Map D/E along

Portland Street, Audley Street and the Newcastle Extension, podiums either will

not exceed 18 metres or will incorporate generous stepbacks to significantly

reduce the visual and shadow impacts of built form in the podium above 18

metres up to the podium height limits indicated on Map D/E and more specifically

on Maps D1, D2, D3 and E1. As shown on the maps, this will result in a

maximum street wall height not to exceed 13 metres in some areas.

1.4.5 For the purposes of this Site and Area Specific Policy, Tall Buildings are portions

of buildings which exceed a height of 46 metres.

1.4.6 The tower portions of Tall Buildings will be located as shown on Map D/E and

more specifically on Maps D1, D2, D3 and E1, with generous setbacks from street

edges, parks, privately-owned publicly accessible open spaces and the edge of the

podium below. Details regarding balcony projections are provided.

1.4.7 Unless otherwise specified, a maximum tower floorplate (gross construction area)

of 750 square metres is permitted for any portion of a Tall Building which is

located above a height of 26 metres.

1.4.8 Unless otherwise specified, the floorplate of any portion of a Tall Building which

is located above a height of 26 metres, shall be separated from any portion of a

Tall Building also located above a height of 26 metres by a minimum of 25

metres, excluding the following projections which may project into the 25 metre

separation distance from another Tall Building:

a)

b)

balconies up to 1.8 metres in depth unless otherwise specified; and

as will be specified in the site specific zoning bylaws.

1.4.9 Tall Buildings shall not project beyond a 45 degree angular plane drawn from the

south lot line of properties designated Neighbourhoods on the north side of

Portland Street. There will be minimal shadows on Neighbourhoods and Parks

and Open Spaces, assessed on a cumulative basis across the blocks.

1.4.10 Ground floor heights will be a minimum of 4.5 metres to facilitate non-residential

uses at grade.

1.4.11 Residential floor to floor heights are encouraged to be approximately 3.0 metres,

to improve sunlight access into dwelling units.

1.4.12 Map D/E illustrates the implementation of the above, as well as high-level

development standards for sites on Blocks "D" and "E". Additional detail is

provided for the Site through more site specific maps. In the event of conflict

between Map D/E and Maps D1, D2, D3 and/or E1, the site specific maps will

prevail. For greater certainty, Policy 6.4 of the Mimico Judson Secondary Plan

does not apply to Blocks D1, D2, D3 and E1.

1.5. The setbacks and stepbacks illustrated on the site specific maps are deliberate. The intent

is to provide generous stepbacks from streets, parks and other buildings within the

blocks, with deeper stepbacks where greater sensitivity is required and key views and

openness to the sky are to be preserved. These stepbacks and setbacks are tied to the park

size and shape which resulted from the land exchange for parkland.

1.6

1.7

In the event of a conflict, the site specific policies for Blocks D1, D2, D3, and E1 shall

prevail over the general policies of the Secondary Plan.

In addition to those matters listed in Section 7.4 of the Mimico-Judson Secondary Plan,

community benefits secured under Section 37 of the Planning Act may include the

completion of or funds provided for the following:

a)

b)

Provision of the Newcastle Extension;

Provision of the Mimico Judson Greenway, excluding costs of rail safety

mitigation measures;

c)

d)

e)

f)

Public art;

Enhanced roadway and streetscape improvements;

Off-site parkland contributions; and

Privately-Owned Publicly-Accessible Spaces.

Block "D" (Blocks D1, D2, and D3)

The following policies will apply collectively to the lands in Block "D" (Blocks D1, D2, and

D3).

2.1

A consolidated public park with frontage on Buckingham Street, Newcastle Street and

Audley Street, and having a minimum lot area of 2,379 square metres is to be achieved

through conveyances by the landowners of Blocks D1 and D3. A 609 square metre parcel

transfer from Block D2 to Block D3 is planned to facilitate a larger parkland dedication

on Block D3.

2.2

2.3

2.4

The size and configuration of the public park on Block "D" shall be augmented by

Privately-Owned Publicly-Accessible Space (POPS) secured by above-grade easements

which shall be granted by the land owners as publicly accessible open spaces as shown

on Map D/E.

A mid-block publicly accessible private lane and walkways, having a minimum width of

13.5 metres, shall be provided through Blocks D1, D2 and D3 connecting Audley Street

to Buckingham Street. Appropriate arrangements shall be secured to the satisfaction of

the City in respect of construction phasing and maintenance.

Detailed development standards specified in Site Specific Zoning By-laws will advance

the policies contained within this Site and Area Specific Policy. Zoning for Blocks D1,

D2, and D3 shall be approved simultaneously.

Development Standards Block D1 – 23 Buckingham Street

The following policies will apply to the lands on Block D1:

3.1

Development on Block D1 will be subject to the minimum development standards set out

herein and as shown on Map D1

3.1.1 A public parkland conveyance of 860 square metres, shall be provided along the

southerly portion of the site, as more specifically shown on Map D1.

3.1.2 A combined area of Privately-Owned Publicly-Accessible Space (POPS) and

additional privately owned outdoor space of approximately 364 square metres, of

which a maximum of 50% may accommodate outdoor patio areas, shall be

provided immediately to the north of the Block D1 parkland dedication, having a

minimum north-south depth of 5.72 metres. This POPS may also be used for

signage and access to the at grade non-residential uses within Block D1. The

POPS may be secured as a Section 37 consideration.

3.1.3 A maximum of 2 Tall Buildings and one Mid-Rise Building shall be permitted on

Block D1 in accordance with Map D1.

3.1.4 No portion of a building shall be located on Block D1 except within the heavy

lines shown on Map D1. Detailed building tower floor plate sizes, setbacks,

stepbacks and height limits (in metres), particularly with respect to Height

Sensitive Areas, shall be as shown on Map D1.

3.1.5 A total of 55,700 square metres of gross floor area, comprising a maximum of

50,350 square metres of residential gross floor area, together with a minimum

5,350 square metres of non-residential gross floor area, shall be permitted.

3.1.6 Phasing of the project shall be permitted, including the appropriate phasing of

development standards and non-residential gross floor area, provided a minimum

of 3,500 square metres of non-residential gross floor area is included in Phase 1

and provided that the total of at least 5,350 square metres of non-residential gross

floor area is included prior to the earlier of occupancy of any residential portion of

Phase 2 of the development or condominium registration of any residential

portion of Phase 2 all requirements are satisfied prior to the occupancy of Phase 2.

Development Standards Block D2 – 25 Audley Street

The following policies will apply to the lands on Block D2:

4.1

Development on Block D2 will be subject to the minimum development standards set out

herein and as shown on Map D2:

4.1.1 A public parkland conveyance of 609 square metres is to be provided towards the

consolidated public park, which shall be provided through a land exchange with

the owner of Block D3.

4.1.2 Half (6.75 metres) of the total width of the mid-block publicly accessible private

road located to the east of Block D1 shall be provided based on the new common

property line resulting from the land exchange for the public parkland conveyance

for Block D2.

4.1.3 One Tall Building and one Mid-Rise Building shall be permitted on Block D2 in

accordance with Map D2.

4.1.4 No portion of a building will be located on Block D2 except within the heavy

lines shown on Map D2. Detailed building tower floor plate sizes, setbacks,

stepbacks and height limits (in metres), particularly with respect to Height

Sensitive Areas, shall be as shown on Map D2.

4.1.5 A total of 32,500 square metres of gross floor area, comprising a maximum of

30,150 square metres of residential gross floor area, together with a minimum

2,059 square metres of non-residential gross floor area, shall be permitted.

4.1.6 Phasing of the project is permitted, provided a minimum of 1,000 square metres

of non-residential gross floor area is provided in the initial phase and provided

that the total of at least 2,059 square metres of non-residential gross floor area is

included prior to the earlier of occupancy of any residential portion of Phase 2 of

the development or condominium registration of any residential portion of Phase

2 all requirements are satisfied prior to the occupancy of Phase 2.

4.1.7 Notwithstanding the maximum building envelope of the tower portion of the Tall

Building shown on Map D2, balconies may project by 2.0 m from all faces of the

tower portion of the tall building beyond the building envelope provided that

balconies on the east face of the tower maintain a minimum of 9 m setback from

the Audley Street property line.

4.1.8 Within the area shown as a height of 28 metres on Map D2, an open air courtyard

located at ground level is required with a minimum size of 400 square metres and

a minimum width in any dimension of 11 metres.

4.1.9 Notwithstanding the maximum building envelope of the tower portion of the Tall

Building shown on Map D2 the maximum floor plate size shall be no more than

760 square metres in size.

Development Standards Block D3 – 1 Audley Street and 8 Newcastle Street

The following policies will apply to the lands on Block D3:

5.1

Development on Block D3 will be subject to the minimum development standards set out

herein, and as shown on Map D3:

5.1.1 A public parkland conveyance of a minimum of 910 square metres shall be

provided along the southerly and easterly portion of the site, with frontage on

Audley Street and on Newcastle Street, as shown on Map D3.

5.1.2 A road conveyance of a minimum of 204 square metres shall be provided at the

southeast corner of the site for the Newcastle Extension, as shown on Map D3.

5.1.3 In consideration that the Block D2 Parkland Dedication is to be used as a part of

Block D3, a view corridor has been incorporated into the policies of this SASP in

order that Block D2 benefits from unobstructed views to and from the new park

being established through the City land exchange over a Privately-Owned

Publicly-Accessible Space (POPS). The purpose of the view corridor is to ensure

connectivity both physically and visually between the Block D2 and the newly

created public park south of the POPS. It is important that the POPS does not

function as a deterrent to the objective of a connected community.

To this effect, a POPS commitment of a minimum of 128 square metres shall be

provided immediately north of the portion of the Block D3 parkland dedication

along Audley Street, east of the Tall Building, comprised of an area with a north-

south depth of 8.0 metres from the south edge of the publicly accessible lane and

an east-west width of 19.5 metres (at its widest point) from the east façade of the

podium.

Within the entire 128 square metre POPS area, third party and/or non-POPS

ground signage is not permitted, however, façade mounted signage is permitted.

Within 13.5 metres from the Audley Street property line in this area of the POPS,

commercial patio furniture/seating, commercial patio uses, fences and continuous

guards are not permitted whereas fixed street furniture is permitted with a

maximum height of 1.1 metres. Lighting, wind mitigation, landscaping, and other

pedestrian features that may be required by the City are permitted in this area of

the POPS and are not subject to the 1.1 metre height restriction.

5.1.4 A second open space area commitment of a minimum of 428 square metres shall

be provided immediately north of the parkland on Block D3 south and/or east of

the Tall Building. Of this area, a minimum of 214 square metres (50%) shall be

committed to a Privately-Owned Publicly-Accessible Space (POPS). No seasonal

commercial patio seating is permitted within the POPS. The remainder of the area

may be used for seasonal commercial patios to animate the park and landscaping.

5.1.5 Half (6.75 metres) of the total width of the mid-block publicly accessible private

road located to the east of Block D1 shall be provided based on the new common

property line resulting from the land exchange for the public parkland conveyance

for Block D2.

5.1.6 A maximum of one Tall Building shall be permitted on Block D3 in accordance

with Map D3.

5.1.7 A cantilevered portion of the tower portion of the Tall Building shall be permitted

to project a maximum of 1.0 metre in an east-west direction beyond the east face

of the podium portion of the building at the northeast corner of the tower portion

of the building.

5.1.8 A maximum total of 28,900 square metres of gross floor area, comprising a

maximum of 28,274 square metres of residential gross floor area, together with a

minimum of 500 square metres of non-residential gross floor area, shall be

permitted.

5.1.9 No portion of a building will be located on Block D3 except within the heavy

lines shown on Map D3. Detailed building tower floor plate sizes, setbacks,

stepbacks and height limits (in metres), particularly with respect to Height

Sensitive Areas, shall be as shown on Map D3.

Block "E"

The following policies will collectively apply to the lands in Block "E":

6.1

6.2

A public park with frontage on Audley Street and the Newcastle Extension is to be

provided through an on-site dedication, as shown on Map E1.

The size and configuration of the public park on Block "E" shall be augmented by a

Privately-Owned Publicly-Accessible Space (POPS), which shall be secured through an

above-grade easement as publicly accessible open space to provide an east-west public

walkway north of the park, as shown on Map E1.

6.3

Should Sites E1 and E2 be developed concurrently, Policy 9.8 of Chapter 6, Section 35,

Mimico-Judson Secondary Plan shall not apply.

Block E1 –29, 31, 59 and 71 Portland Street, and 2 and 10 Audley Street

The following policies will apply to the lands on Block E1:

7.1

Development on Block E1 will be subject to the minimum development standards set out

herein, and as shown on Map E1:

7.1.1 A minimum area of 4,757 square metres shall be provided for a road conveyance

to accommodate the east-west portion of the Newcastle Extension and Mimico-

Judson Greenway, with a right-of way width of 25 metres, and which will include

the appropriate rail safety mitigation measures. The dimensions of the road

conveyance will be sufficient to accommodate design and engineering

components of the road (i.e. storm sewers and tree plantings), which shall be

determined through the development review process, to the satisfaction of the

City.

7.1.2 A minimum area of 742 square metres shall be provided for a road conveyance to

accommodate the north-south portion of the Newcastle Extension to Portland

Street, with a right-of-way width of 16.5 metres. The dimensions of the road

conveyance will be sufficient to accommodate design and engineering

components of the road (i.e. storm sewers and tree plantings), which shall be

determined through the development review process, to the satisfaction of the

City.

7.1.3 A public parkland conveyance of a minimum of 1,407 square metres shall be

provided along the southerly portion of the site, with frontage on Audley Street

and the Newcastle Extension, as shown on Map E1.

7.1.4 The size and configuration of the public park shall be augmented by a Privately-

Owned Publicly-Accessible Space (POPS) commitment of a minimum of 208

square metres, secured through an above-grade easement, located to the north of

the public park.

7.1.5 A maximum of two Tall Buildings (Tower E1-A and Tower E1-B) as well as

Mid-rise Buildings, shall be permitted on Block E1, in accordance with Map E1.

7.1.6 The tower portions of the Tall Buildings shown on Map E1 shall have a maximum

floor plate size of no more than 838 square metres for Tower E1-A and 812

square metres for Tower E1-B.

7.1.7 No portion of a building shall be located on Block E1 except within the heavy

lines shown on Map E1. Detailed building tower floor plate sizes, tower shapes,

setbacks, stepbacks and height limits (in metres), particularly with respect to

Height Sensitive Areas, shall be as shown on Map D/E to reduce skyview and

shadow impacts, to increase the perceived building stepback from the podium

edge to the south and to maintain the minimum setback distances from the mid-

rise portion of the building on the opposite side of the courtyard.

7.1.8 A maximum total of 71,700 square metres of gross floor area, comprising a

maximum of 68,550 square metres of residential gross floor area, together with a

minimum of 3,067 square metres of non-residential gross floor area, is permitted.

7.1.9 Within Block E1, a minimum of 3,067 square metres of non-residential gross

floor area, including a minimum of 800 square metres of gross floor area

dedicated to childcare facilities and a minimum of 1,503 square metres of office

space, which may include co-working offices, is required.

7.1.10 Should Block E1 be developed with Block E2 without primary windows facing

the side property lines, the upper level stepbacks shown on Map E1 are not

required.

7.1.11 Phasing of the project is permitted, including the appropriate phasing of

development standards and non-residential gross floor area. The first phase will

include either a minimum of 800 square metres of non-residential gross floor area

dedicated to childcare facilities or a minimum of 2,267 square metres of non-

residential gross floor area, which may include co-working offices.

7.1.12 A Zoning By-law will not be approved on Block E1 that permits sensitive uses

within 30.0 metres of the rail corridor property line until such time as a rail safety

mitigation report demonstrating alternative safety mitigation measures has been

deemed acceptable to the satisfaction of City Planning.

ATTACHMENT 2

Authority: Ontario Land Tribunal Decision issued on February 11, 2020 and Ontario

Land Tribunal Order issued on [date] in Tribunal File PL170834

CITY OF TORONTO

BY-LAW No. _____-2022

To amend Zoning By-law No. 569-2013, as amended, with respect to lands

municipally known in the year 2021 as 23 Buckingham Street.

Whereas the Ontario Land Tribunal in its Decision issued February 11, 2020 and its Order

issued on [date], in hearing an appeal under Section 34(11) of the Planning Act R.S.O.

1990, c. P.13, as amended, ordered the amendment of By-law 569-2013, as amended,

with respect to lands municipally known in the year 2021 as 23 Buckingham Street;

Whereas Council of the City of Toronto has provided adequate information to the public

and has held at least one public meeting in accordance with the Planning Act; 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 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;

By-law 569-2013, as amended, of the City of Toronto is further amended by the Ontario

Land Tribunal as follows:

e.

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

1 attached to this By-law.

e.

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

Zoning By-law No. 569-2013, as amended, Chapter 800 Definitions.

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

zone label on the Zoning By-law Map in Section 990.10 respecting the lands

outlined by heavy black lines from a zone label of E 1.0 to a zone label of CRE

(x52) and O, as shown on Diagram 2 attached to this By-law;

4.

Zoning By-law 569-2013, as amended, is further amended by adding Exception 52

to Article 900.12.10 so that it reads:

(x52) Exception CRE 52

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

Specific Provisions, Prevailing By-laws and Prevailing Section:

Site Specific Provisions:

(e)

On 23 Buckingham Street, as shown on Diagram 1 of By-law XXXX-2022, if

the requirements of Section 6 and Section A of By-law XXXX-2022, are

complied with, one or more mixed-use buildings may be constructed in

compliance with Regulations (B) through (V) below;

(B)

I

Despite Regulation 50.10.20, Public Parking is a permitted use;

Despite Regulation 50.10.40.30, no portion of any building or structure

erected or used above ground will be located otherwise than wholly within

the lines delineating the height areas on Diagram 3;

(D)

I

Despite Regulation 50.5.40.10(1), the height of a building or structure, is

measured as the vertical distance between the Canadian Geodetic Datum

elevation of 95.95 metres and the highest point of the building or structure;

Despite Regulation 50.10.40.10(1), the permitted maximum height of a

building or structure is the number, in metres, following the letters “HT” as

shown on Diagram 3 of By-law XXXX-2022;

(e)

For the purposes of this exception, the permitted maximum height of a

building or structure is inclusive of the mechanical penthouse;

(F)

Despite Regulation 50.10.40.10(4), the permitted maximum number of

storeys of a building or structure is the number following the letters “ST”

as shown on Diagram 3 of By-law XXXX-2022;

For the purposes of this exception, a mechanical penthouse and rooftop

vestibule do not constitute a storey;

(G)

Despite Regulation 50.5.40.10 and I and (F) above the following elements

of a building or structure may project above the permitted maximum

building heights shown on Diagram 3 of By-law XXXX-2022:

(e)

equipment used for the functional operation of the building such as

mechanical and ventilation equipment, elevator over-runs, chimneys and vents

by a maximum of 3.0 metres beyond the permitted maximum height of the

mechanical penthouse;

(ii)

fences, raised planters, landscaping features, light fixtures,

guardrails associated with an outdoor amenity space by a maximum

of 3.0 metres;

(iii)

(iv)

railings located at each of the roof levels of the building by a

maximum of 1.1 metres;

a parapet, including roof drainage, thermal insulation and roof

ballast, at each of the roof levels of the building by a maximum of 1.2

metres;

(v)

elements associated with a green roof by a maximum of 0.5 metres;

(vi)

structures used for outside or open air recreation, safety or wind

protection purposes by a maximum of 3.0 metres;

(vii) spires, ornamental, decorative or architectural elements, located

above the height of each of the roof levels by a maximum of 7.0

metres; and

(viii) window washing equipment, lightning rods and exhaust flues located

above the mechanical penthouse roof level by a maximum of 1.2

metres.

(H)

The permitted maximum gross floor area of all buildings and structures

on the lot is 55,700 square metres, of which:

(e)

the permitted maximum gross floor area for residential uses is 50,350 square

metres; and

(ii)

the required minimum gross floor area for non-residential uses is

5,350 square metres.

(e)

For greater clarity:

a minimum of 3,500 square metres of non-residential gross floor area must

be provided and maintained on the lot provided the total gross floor area does

not exceed 30,000 square metres; and

(ii)

an additional minimum of 1,850 square metres of non-residential

gross floor area must be provided on the lot for an aggregate total

of 5,350 square metres of non-residential gross floor area with the

phase of development that results in a total gross floor area

exceeding 30,000 square metres.

(J)

Despite Regulation 50.10.40.70, the required minimum building setbacks

are as shown on Diagram 3 of By-law XXXX-2022;

(K)

Despite Sections 50.10.40.60 and 50.10.40.70 and (J) above, the following

building elements and structures may encroach into the required

minimum building setbacks shown on Diagram 3 of By-law XXXX-2022:

(e)

eaves, cornices, columns, public art features, light fixtures, stairs and stair

enclosures, balustrades, guardrails, bollards, awnings, arcades, canopies,

raised planters, patios, retaining walls, fences, vents, screens, wind mitigation

screens and features, underground garage ramp and associated structures,

damper equipment; window washing equipment to a maximum of 2.5 metres;

(ii)

balconies and bay windows to a maximum of 1.8 metres;

(iii)

structures used for outside or open air recreation, safety or wind

protection, to a maximum of 1.6 metres; and

(iv)

ornamental, decorative or architectural elements to a maximum of

3.1 metres;

(L)

Despite Regulation 50.10.40.50, indoor amenity space must be provided

at a minimum rate of 2.0 square metres for each dwelling unit on the lot

and may be provided in a multi-purpose room or rooms, whether or not

these rooms are contiguous, with at least one washroom and kitchen;

(M)

(N)

Despite Regulation 50.10.40.50, outdoor amenity space must be provided

at a minimum rate of 2.0 square metres for each dwelling unit on the lot;

Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, the required

number of parking spaces provided and maintained on the lot are not to

be less than the number calculated in accordance with the following

minimum ratios, (fractions to be rounded down to the closest whole

number), and must be located in the underground parking structure, with

the exception of a maximum of 5 layby parking spaces located at grade,

marked for short-term delivery, service or pick-up and drop-off vehicles:

(e)

a minimum of 0.34 parking spaces per dwelling unit is required to be

provided for use by residents;

(ii)

a minimum of 0.09 parking spaces per dwelling unit is required to

be provided for use by residential visitors;

(iii)

(iv)

a minimum of 1.5 parking spaces per 100 square metres of retail

store gross floor area is required to be provided;

a minimum of 1.0 parking spaces per 100 square metres of

commercial and office gross floor area is required to be provided;

and

(v)

any parking spaces required in (N)(ii), (iii) and (iv) above may be

provided and shared with a public parking use, with or without a

fee.

(O)

Despite Regulation 200.5.10(1) and Table 200.5.10.1, the number of

resident parking spaces required to be provided pursuant to the above-

noted ratio in (N)(i), parking spaces for residents on the lot may be

reduced at a rate of 4 parking spaces for each car-share parking space,

provided the maximum permitted reduction is calculated using the following

formula: 4 x (total number of dwelling units ÷ 60), rounded down to the

nearest whole number;

(e)

“car-share” means the practice whereby a number of people share the use of

one or more motor vehicles that are owner by a profit or non-profit car-sharing

organization and such car-share motor vehicles are made available to at least

the occupants of the building or short term rental, including hourly rental;

(ii)

“car-share parking space” means a parking space exclusively

reserved and signed for a car used only for car-share purposes

(P)

Despite Regulation 200.5.10.1(12) and (N)(i) above, the total minimum

number of parking spaces required for residents on the lot may be reduced

at a rate of 1 parking space for every 5 bicycle parking spaces provided

in excess of the minimum number of bicycle parking spaces required if

the reduction of parking spaces is not greater than 20% of the total

minimum parking spaces required;

(Q)

Despite Article 200.15.10, a minimum of 5 accessible parking spaces

plus 1 accessible parking space for every 50 parking spaces or part

thereof in excess of 100 parking spaces are required to be provided on the

same lot as every building or structure erected or enlarged;

I

Despite Regulation 200.15.1(1) and (3), an accessible parking space

must have the following minimum dimensions:

(e)

length of 5.6 metres;

(ii)

width of 3.4 metres;

(iii)

vertical clearance of 2.1 metres; and

(iv)

a 1.5 metre wide accessible barrier-free aisle or path is required

along the entire length of one side of an accessible parking space.

(S)

Despite Regulation 220.5.10.1, a total of 6 loading spaces are required to

be provided and maintained on the lot, and may be shared between all

uses. For greater clarity:

(e)

a minimum of 1 Type “G” loading space, 1 Type “B” loading space and 2

Type “C” loading spaces are required to be provided and maintained on the

lot provided the total gross floor area does not exceed 30,000 square metres;

and

(ii)

a minimum of 2 additional loading spaces are required to be

provided on the lot for an aggregate total of 6 loading spaces with

the phase of development that results in a total gross floor area

exceeding 30,000 square metres, which must include 1 Type “G”

loading space and 1 Type “B” loading space.

(T)

Despite Regulation 230.5.1.10(9), a “long-term” bicycle parking space

may be located within the building or outside, including on any level of the

building below-ground, within a secured room, enclosure or unenclosed

space or any combination thereof, or bicycle locker;

(U)

(V)

Despite Regulation 230.50.1.20(2), a “short-term” bicycle parking space

may be located more than 30 metres from a pedestrian entrance to the

building on the lot and may be located in an unsecured room;

The building(s) may be constructed in phases;

Prevailing By-laws and Prevailing Sections: None Apply

e.

Despite any future severance, partition or division on the lands, the provisions

of this By-law apply as if no severance, partition or division occurred.

e.

Section 37 Provisions

(e)

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 attached to

this By-law in return for the provision by the owner, at the owner’s expense of

the facilities, services and matters set out in Schedule A attached to this By-

law 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 provide certain

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

issuance of such permit must be dependent on satisfaction of the same;

and

I

The owner may 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.

Ontario Land Tribunal Decision issued on February 11, 2020 and Ontario Land Tribunal

Order issued on [date] in Tribunal File PL170834

SCHEDULE A

Section 37 Provisions

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

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

development on the lands shown as CRE (x52) on Diagram 2 of this By-law, and

secured in an agreement or agreements pursuant to Section 37(1) of the Planning Act,

whereby the owner agrees as follows:

e. The owner is required to enter into an agreement with the City pursuant to Section

37 of the Planning Act, to secure the provision of the said facilities, services and

matters, in a form satisfactory to the City with conditions providing for indexed

escalation of financial contributions, no credit for development charges unless

otherwise specified, indemnity, insurance, GST/HST, termination and unwinding,

and registration and priority of agreement.

e. The community benefits that shall be secured in the Section 37 Agreement are as

follows:

a) Prior to the issuance of the first above grade building permit, the owner must make

a cash contribution to the City in the amount of $1,800,000.00, of which

$800,000.00 shall be allocated to public art, and the balance shall be allocated to

community benefits serving the Mimico-Judson Secondary Plan Area, including

the construction of a pedestrian and cycling bridge over Royal York for the purpose

of connecting the planned Mimico-Judson Greenway, to the satisfaction of the

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

Councillor. The payment of the indexed Section 37 cash contribution will be made

prior to issuance of the first above grade building permit for the site. The indexing

of value of the contribution in this paragraph will be from the date of execution of

the Section 37 Agreement to the date of payment;

b) The cash contribution outlined above must be indexed upwardly from the date of

the registration of the Section 37 Agreement to the date the payment is made in

accordance with the non-residential Construction Price Index for the Toronto

Census Metropolitan Area, reported quarterly by Statistics Canada in Building

Construction Price Indexes Table: 18-10-0135-01, or its successor;

c) In the event the cash contribution outlined above has not been used for the

intended propose within three (3) years of this 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 that the purpose(s) is/are identified

in the Toronto Official Plan and will benefit the community in the vicinity of the

lands;

d) Prior to the conveyance of parkland to the City in 3.a., an easement shall be

granted to the City to create a Privately-Owned Publicly Accessible Space (POPS)

and to be located immediately north of the park dedication, which space will be

open to the public and not contain space exclusive to paying customers of adjacent

businesses, or otherwise. The owner shall also provide privately owned outdoor

space adjacent to the POPS which will accommodate outdoor uses such as patio

seating associated with adjacent restaurants or other businesses. The combined

area of the POPS and additional outdoor space shall not be less than 364 square

metres with the POPS not to be less than 182 square metres;

e) Prior to the earlier of first residential occupancy or registration of a plan of

condominium on the lands, an at-grade easement shall be granted to the City over

a private laneway having a minimum pavement width of 6 metres and a total

minimum width of 13.5 metres bisecting the lands east-west in order to connect to

a similar private laneway being provided by the owners of the adjacent lands to the

east. The easement shall be granted over said laneway to the City in order to

achieve an east-west publicly accessible, privately owned and maintained laneway

bisecting the block from Buckingham Street to Audley Street;

f) A minimum of 10% of the dwelling units constructed on the lands shall contain

three or more bedrooms and a minimum of 15% shall contain a minimum of two or

more bedrooms, for a total of 25% of all dwelling units containing a minimum of

two or three bedrooms, in compliance with the Ontario Building Code;

g) The provision of 5% of the new dwelling units on the lands as affordable housing

units, or such reduced number as may be permitted in the discretion of the

Executive Director, Housing Secretariat, in accordance with the City’s Home

Ownership Assistance Development Charges Deferral Program (the “HOAP”), and

whereby:

a. the City agrees to defer all development charges payable with respect to

dwelling units sold under the HOAP and the owner transfers the benefit of

the deferred development charges, together with the obligation to repay, to

eligible purchasers of eligible units, as set out in the City’s standard HOAP

development charges deferral agreement;

b. the owner will, on behalf of the City, enter into loan agreements with the

eligible purchasers and ensure that a second mortgage, in favour of the

City, to secure the repayment of the deferred development charges, is

registered on closing of the purchase agreement; and

c. if at the time of issuance of an above grade building permit, changes in the

Bank of Canada Interest Rate, combined with the household income

threshold established by the City for eligibility for purchasers, has impacted

the ability of eligible purchasers to purchase eligible units in the project, and

if the City has not altered the eligibility requirements in response in order

that eligible units remain affordable for eligible purchasers, the owner will

have the option of paying the Development Charges for said units and may

sell the units to purchasers whose household incomes exceed the eligibility

threshold limits established by the City. Similarly, if the Bank of Canada

Interest Rate has changed prior to closing and eligible purchasers are no

longer able to complete the transaction, then the owner will have the option

of paying the deferred Development Charges, with indexing, at that time

and may then sell the units to purchasers whose household incomes

exceed the eligibility threshold limits established by the City.

e. The other matters secured in the Section 37 Agreement as a legal convenience to

support the development are as follows:

e) The over dedication of lands for a public park consisting of a minimum area of 860 square

metres having frontage on Newcastle Street and Buckingham Street. The lands will be

remediated by the owner, in accordance with the City’s Environmental Policies, and

conveyed to the City, for nominal consideration, prior to the earlier of the first residential

use of the first building on the lands and registration of the first plan of condominium on

the lands, and shall be further secured by a Section 118 restriction under the Land Titles

Act.

b)

Upgrades to existing municipal infrastructure, as may be required, as confirmed by

the Functional Servicing & Preliminary Stormwater Management Report, prepared

by Crozier & Associates and dated October 2020 and the Transportation Impact

Study, prepared by LEA Consulting and dated March 19, 2019 and further clarified

through response letters from LEA Consulting, dated December 22, 2020 and

March 16, 2021, submitted to the City by the owners of properties in Block D and

E in OPA 331 and accepted by the Executive Director, Engineering and

Construction Services;

c)

Provisions to secure measures relating to environmental noise, required to

ensure land use compatibility with nearby employment uses, including but not

limited to:

(e) prescribing a process upon which Metrolinx will be provided with site plan application and

building permit application materials from the owner and reasonable opportunities to

comment on such applications to the City, which comments the City shall have regard to

when determining whether to grant site plan approval and building permits;

(ii)

prescribing a process pursuant to which noise impacts will be mitigated

for outdoor amenity areas located on all of the lands subject to this by-

law in accordance with the document titled “Noise Evaluation Method and

Selection of Exterior Envelope Sound Isolation for Blocks D and E” being

Exhibit 28, in Tribunal File No. PL160692, on file with the Chief Planner

and Executive Director, City Planning; and

(iii)

prescribing a process for calculating upgraded facades for sensitive uses

on all of the lands subject to this by-law in the document titled “Noise

Evaluation Method and Selection of Exterior Envelope Sound Isolation for

Blocks D and E” being Exhibit 28, in T r i b u n a l File No. PL160692,

on file with the Chief Planner and Executive Director, City Planning;

d)

Prior to site plan approval, the following are required:

(e) warning clauses will be registered on title to all of the lands subject to this by-law

advising of the Class 4 area designation and proximity of the Willowbrook Rail

Maintenance Facility and Mimico GO Station to the proposed development; and

(ii)

an environmental easement for noise will be granted by the owner in

favour of Metrolinx.

e)

Prior to the issuance of a building permit, the owner must confirm through its

solicitor that an environmental noise easement has been granted to Metrolinx.

ATTACHMENT 3

Authority:

Ontario Land Tribunal Decision issued on February 11, 2020 and Ontario Land

Tribunal Order issued on [date] in Tribunal File PL160692

CITY OF TORONTO

BY-LAW NO. XXXX–2022

To amend Zoning By-law No. 569-2013, as amended, with respect to the lot lands

municipally known in the year 2021 as 1 Audley Street and 8 Newcastle Street

Whereas the Ontario Land Tribunal in its Decision issued February 11, 2020 and its Order issued

on [date] in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c.P.13, as

amended, ordered the amendment of By-law 569-2013, as amended, with respect to the lands

municipally known in the year 2021 as 1 Audley Street and 8 Newcastle 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 or 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 matter 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, a

municipality may require the owner to enter into one or more agreements with the municipality dealing with

the facilities, services and matters; and

Whereas the owner of the 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

landsby By-law 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;

By-law 569-2013, as amended, of the City of Toronto is further amended by the Ontario

Land Tribunal as follows:

1. This By-law applies to the lands delineated by a heavy black lines on Diagram 1

attached tothis By-law;

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

Zoning By-law No. 569-2013, Chapter 800 Definitions;

3. Zoning By-law No. 569-2013, as amended, is further amended by amending the

Zoning By-law Map in Section 990.10, respecting the landsoutlined in heavy lines

to: CRE(x61), O and UT shown on Diagram 2 attached to this By-law;

4. Zoning By-law No. 569-2013, as amended, is further amended by adding

Exception 61 to Article 900.12.10 so that it reads:

(x61) Exception CRE 61:

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 1 Audley Street and 8 Newcastle Street, as shown on Diagram 1 of By-

law XXXX-2022, if the requirements of Section 6 and Section A of By-law

XXXX-2022, are complied with, buildings or structures may be constructed

in compliance with Regulations (B) to (T) below;

(B) Despite Regulation 50.5.40.10(1) and (2), the height of the building or

structure is the vertical distance between the Canadian Geodetic Datum

elevation of 95.40 metres and the highest point of the building or structure;

(C) Despite Regulation 50.10.20, Public Parking is a permitted use, if located

entirely below ground;

(D) Despite Regulation 50.10.40.10(1), the permitted maximum height of a

building or structure is the number, in metres, following the letters “HT” as

shown on Diagram 3 of By-law XXXX-2022;

i.

For the purposes of this exception, the permitted maximum height of

a building or structure is inclusive of the mechanical penthouse;

(E) Despite Regulation 50.10.40.10(4), the permitted maximum number of

storeys of a building or structure is the number following the letters "ST"

as shown on Diagram 3 of By-law XXXX-2022;

i.

For the purposes of this exception, a mezzanine and mechanical

penthouse do not constitute a storey;

(F) Despite Regulations 50.5.40.10(3), (4), (5) and (6) and (D) above, the

following elements of a building or structure may project above the

permitted maximum building heights as shown on Diagram 3 of By-law

XXXX-2022:

i.

fences, raised planters, landscape features, light fixtures, seating,

bollards, trellises and guardrails associated with an outdoor amenity

space by a maximum of 3.0 metres;

ii.

a railing or railings, balcony dividers, fences, or privacy gates and

skylights located at each of the roof levels of the building by a

maximum of 1.8 metres;

iii.

a parapet, including roof drainage, thermal insulation and roof

ballast, at each of the roof levels of the building by a maximum of

1.5 metres;

iv.

v.

elements associated with a green roof by a maximum of 1.5

metres;

elements or structures used for outside or open air recreation,

safety, acoustic or wind protection purposes by a maximum of 3.0

metres;

vi.

stairs, stair enclosures, stair towers, access corridors to stairs and

elevator overruns by a maximum of 4.0 metres;

vii.

spires, ornamental, decorative, art or architectural elements, and

features, located above the height of each of the roof levels by a

maximum of 7.0 metres; and

viii.

window washing equipment, lightning rods and exhaust flues

located above the mechanical penthouse roof level by a maximum

of 3.0 metres;

(G) The permitted maximum gross floor area of all buildings and structures

on the lot is 28,900 square metres, of which:

i.

the permitted maximum gross floor area for residential uses is

28,274 square metres; and

ii.

the required minimum gross floor area for non-residential uses is

500 square metres;

(H) In addition to the elements which reduce gross floor area listed in Regulation

50.5.40.40(3), the following element also reduces the gross floor area of a

building:

i.

elevator overruns;

(I) Despite Regulations 50.10.40.70(1) and (3) the required minimum building

setbacks are as shown on Diagram 3 of By-law XXXX-2022;

(J) Despite Sections 50.5.40.60 and 50.10.40.60, and (I) above, the following

building elements may encroach into the required minimum building

setbacks as shown on Diagram 3 of By-law XXXX-2022;

i.

eaves, bulkheads, cornices, window sills, doors, columns,

landscape and public art features, light fixtures, balustrades,

guardrails, bollards, awnings, arcades, raised planters, patios,

retaining walls, fences, vents, trellises, parapets, architectural

frames, screens, wind mitigation screens and features, landscape

features and seating areas, patios, terraces, damper equipment,

and window washing equipment by a maximum of 1.2 metres;

ii.

wheelchair and covered ramps, stairs and stair enclosures,

vestibules, awnings, canopies, underground parking ramp and

associated structures by a maximum of 3.0 metres;

iii.

balconies and bay windows by a maximum of 2.0 metres, with the

exception of balconies and bay windows on the east building face

which are not permitted to project within 18.5 metres of the eastern

property line;

iv.

v.

structures used for outside or open air recreation, safety or wind

protection, to a maximum of 2.6 metres; and

ornamental, decorative or architectural elements by a maximum of

3.1 metres.

(K) Despite (F) and (J) above, the following development standards apply to the

lands identified as “Area Subject to Provision K” on Diagram 3 of By-law

XXXX-2022;

i.

No ground mounted third party and/or non-Privately Owned Publicly

Accessible Spaces (POPS) signs are permitted;

ii.

Only street furniture, moveable furniture, fences/guards and other

similar items or fixtures to accommodate commercial patios are

permitted up to a maximum vertical dimension of 1.1 metres above

the finished ground level; and

iii.

The provisions in (K)(i) and (ii) above do not apply to prevent

lighting, wind mitigation, landscaping and other pedestrian features

that may be required by the City in this area;

(L) Despite Regulation 50.10.40.50, amenity space must be provided at a

minimum rate of 2.8 square metres of combined indoor and outdoor amenity

space per dwelling unit;

(M) Despite Regulation 200.5.10.1(1) and Table 200.5.10, the required number

of parking spaces provided and maintained on the lot are not to be less

than the number calculated in accordance with the following minimum ratios

(fractions to be rounded down to the closest whole number), and must be

located in the underground parking structure:

i.

ii.

a minimum of 0.34 parking spaces per dwelling unit is required

to be provided for use by residents;

a minimum of 0.09 parking spaces per dwelling unit is required

to be provided for use by residential visitors; and

iii.

parking spaces for non-residential uses are not required;

(N) Despite 50.5.80.1(1) and (M) above, required parking spaces may be

provided on a lot that is not the same lot as the use for which the parking

spaces are required, provided that the parking spaces are located on the

lands municipally known in 2021 as 2 and 10 Audley Street and 29, 31, 59 and

71 Portland Street;

(O) Despite Regulation 200.5.10(1) and Table 200.5.10.1, the total number of

resident parking spaces provided pursuant to the above-noted ratio in (M)(i),

parking spaces for residents on the lot may be reduced at a rate of 4 parking

spaces for each car-share parking space, provided the maximum permitted

reduction is calculated using the following formula: 4 x (total number of

dwelling units ÷ 60), rounded down to the nearest whole number;

i.

"car-share" means the practice whereby a number of people share

the use of one or more motor vehicles that are owner by a profit or

non-profit car-sharing organization and such car-share motor

vehicles are made available to at least the occupants of the building

or short term rental, including hourly rental;

ii.

"car-share parking space" means a parking space exclusively

reserved and used only for car-share purposes whereby the vehicle

is accessible to at least the occupants of the buildings;

(P) Despite Regulation 200.5.10.1(12) and (M)(i) above, the total minimum

number of parking spaces required for residents on the lot may be reduced

at a rate of 1 parking space for every 5 bicycle parking spaces provided in

excess of the minimum number of bicycle parking spaces required, if the

reduction of parking spaces is not greater than 20% of the total minimum

parking spaces required;

(Q) Despite Article 220.5.10, one Type “G” loading space is required to be

provided and maintained on the lot;

(R) Despite Regulation 230.5.1.10(4), the minimum horizontal dimension for

bicycle parking spaces in a vertical position or in a bicycle stacker is 0.45

metres;

(S) Despite Regulation 230.5.1.10(9), "long term" bicycle parking spaces may

be located outdoors or indoors, on the ground level, below grade or above

grade;

(T) Despite Regulation 230.5.10.1, the number of bicycle parking spaces

provided and maintained on the lot must be in accordance with the following

minimum rates:

i.

0.68 "long-term" bicycle parking spaces per dwelling unit are

required to be provided on the lot; and

ii.

0.07 "short-term" bicycle parking spaces per dwelling unit are

required to be provided on the lot;

Prevailing By-laws and Prevailing Sections: None Apply

5. Despite any future severance, partition, or division on the lands, the provisions of

this By-law apply as if no severance, partition or division occurred;

6. 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, attached to this By-law, in return for the provision by the owner, at the

owner’s expense of the facilities, services and matters set out in Schedule

A attached to this By-law 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; and

(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 Aare satisfied.

Ontario Land Tribunal Decision issued on February 11, 2020 and Ontario Land Tribunal Order

issued on [date] in Tribunal File PL160692.

SCHEDULE A

Section 37 Provisions

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

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

development on the lands shown as CRE (x61) on Diagram 2 of this By-law, and

secured in an agreement or agreements pursuant to Section 37(1) of the Planning Act,

whereby the owner agrees as follows:

1. The owner is required to enter into an agreement with the City pursuant to Section 37 of the

Planning Act, to secure the provision of the said facilities, services and matters, in a form

satisfactory to the City with conditions providing for indexed escalation of financial

contributions, no credit for development charges unless otherwise specified, indemnity,

insurance, GST/HST, termination and unwinding, and registration and priority of agreement.

2. The community benefits that shall be secured in the Section 37 Agreement are as follows:

a. Registration of a restriction(s) pursuant to section 118 of the Land Titles Act on Parts

10, 11, 15, 19, 22 and 23 of the RPlan 66R-30597, to the satisfaction of the City

Solicitor, prohibiting the sale or charge of these Lands without consent of the City, with

such consent not to be unreasonably withheld and which, for greater certainty, shall

not be withheld to facilitate financing of the lands and developments thereon.

b. Conveyance to the City of parkland comprising Parts 15, 19, 22 and 23 of the RPlan

66R-30597 for nominal consideration at the earlier of: (i) first residential occupancy;

and, (ii) registration of a plan of condominium on the lot.

c. Entering into a land exchange agreement wherein the owner covenants to

convey to the City as parkland Parts 10 and 11 of RPlan 66R-30597 for

nominal consideration at the earlier of: (i) conveyance of Parts 15, 19, 22 and

23 of RPlan 66R-30597; and, (ii) 10 years from the date that the City conveys

Parts 4, 5 and 6 of RPlan 66R-30597 to the owner;

d. the provision of an at-grade easement to the City to create a privately owned publicly

accessible open space (“POPS”) over a minimum of 342 square metres immediately

north and west of the public park on the lot, to the satisfaction of the Chief Planner;

e. the provision of a minimum of 25% two or more bedroom units, which shall include a

minimum of 10% three bedroom units, and which may be provided on the lot and/or

the lands municipally known as 2 and 10 Audley Street, 29, 31, 59 and 71 Portland

Street;

3. The agreement or agreements entered into under Section 37(3) of the Planning Act shall

recognize that:

a. the determination of parkland dedication for the lot under Section 42 of the

Planning Act and the City’s by-law for determining parkland dedication

(contained in Chapter 415 of the Municipal Code) as may be amended, revised

or superseded from time to time, shall be calculated without the inclusion of the

lands comprised of Parts 4, 5 and 6 on RPlan 66R-30597, which are to be

annexed to the lot in exchange for the conveyance of an area of equal size to

the City comprised of Parts 10 and 11 of RPlan 66R-30597; and,

b. the conveyance of the lands comprised of Parts 22 and 23 of RPlan 66R-30597

to the City will fully satisfy the parkland dedication requirements under Section

42 of the Planning Act and the City’s by-law for determining parkland dedication

(as set out above) for development of the lot.

4. The other matters secured in the Section 37 Agreement as a legal convenience to

support the development are as follows:

a. the owner shall construct an east-west privately-owned and publicly accessible

laneway, connecting with a mid-block connection between Audley Street and

Buckingham Street, having a minimum pavement width of 6 metres and a

minimum “right-of-way” width of 13.5 metres, in conformity with the policies of

the Site and Area Specific Policy for Block D3 of the Mimico Judson Secondary

Plan (OPA 331). The conveyance of the at-grade easement over Part 4 of

RPlan 66R- 30597 will be required at the earlier of: (i) first residential

occupancy; and, (ii) the registration of the first plan of condominium on the lot.

The obligations for maintenance of the owner’s share of the laneway will be

secured as a condition of draft plan of condominium approval;

b. the owner shall dedicate the area comprised of Part 16 on RPlan 66R-30597 as an

expansion to the existing Newcastle Street, which will be conveyed

contemporaneously with the earlier of the conveyance of parkland on the lot to the

City and the conveyance of the Newcastle Extension, as that term is defined in By-law

[NTD: Clerk to assign By-law #];

c. arrangements satisfactory to the City Solicitor to secure the owner’s proportionate

contribution to upgrades to existing municipal infrastructure as may be required and

as confirmed by a joint functional servicing report and a joint traffic impact study

submitted in support of the developments contemplated under the Site and Area

Specific Policy for Block D and Block E of the Mimico Judson Secondary Plan (OPA

331), to the satisfaction of the Executive Director, Engineering and Construction

Services;

d. The provision of 5% of the new dwelling units on the lot as affordable housing units in

accordance with the City’s Home Ownership Assistance Program Development

Charges Deferral Program (the “HOAP”), and whereby:

i. the City agrees to defer all development charges payable with respect to

dwelling units sold under the HOAP and the owner transfers the benefit of the

deferred development charges, together with the obligation to repay, to eligible

purchasers of eligible units, as set out in the City’s standard HOAP

development charges deferral agreement;

ii. the owner will, on behalf of the City, enter into loan agreements with the eligible

purchasers and ensure that a second mortgage, in favour of the City, to secure

the repayment of the deferred development charges, is registered on closing

of the purchase agreement; and,

iii. if at the time of issuance of an above grade building permit, changes in the

Bank of Canada Interest Rate, combined with the household income threshold

established by the City for eligibility for purchasers, has impacted the ability of

eligible purchasers to purchase eligible units in the project, and if the City hasn’t

altered the eligibility requirements in response in order that eligible units remain

affordable for eligible purchasers, the owner will have the option of paying the

Development Charges for said units and may sell the units at market value to

purchasers whose household incomes exceed the eligibility threshold limits

established by the City. Similarly, if the Bank of Canada Interest Rate has

changed prior to closing and eligible purchasers are no longer able to complete

the transaction, then the owner will have the option of paying the deferred

Development Charges, with indexing, at that time and may then sell the units

at market value to purchasers whose household incomes exceed the eligibility

threshold limits established by the City.

iv. where affordable housing dwelling units are provided on the lands municipally

known in 2021 as 2 and 10 Audley Street and 29, 31, 59 and 71 Portland Street

(the “Block E Lands”) in excess of five (5) percent of the units to be developed

on the Block E Lands, the number of affordable housing dwelling units required

under (d) above shall be reduced by the total number of affordable housing

units on the Block E Lands in excess of five percent of total units to be

constructed on that property, contingent on the owner satisfying the Executive

Director, Housing Secretariat that (i) the Block E Lands owner has entered into

purchase agreements with eligible purchasers of affordable housing dwelling

units in accordance with the terms of the HOAP Delivery Agreement for that

property and (ii) the Block E development will be completed prior to or

concurrently with the development on the lot.

e. Provisions to secure measures relating to environmental noise, required to ensure

land use compatibility with nearby employment uses, including but not limited to:

i. prescribing a process upon which Metrolinx will be provided with site plan

application and building permit application materials from the owner and

reasonable opportunities to comment on such applications to the City, which

comments the City shall have regard to when determining whether to grant site

plan approval and building permits;

ii. prescribing a process pursuant to which noise impacts will be mitigated for

outdoor amenity areas located on all of the lands subject to this by-law in

accordance with the document titled “Noise Evaluation Method and Selection

of Exterior Envelope Sound Isolation for Blocks D and E” being Exhibit 28 in

OLT Case No. PL160692 on file with the Chief Planner;

iii. prescribing a process for calculating upgraded facades for sensitive uses on

all of the lands subject to this by-law in the document titled “Noise Evaluation

Method and Selection of Exterior Envelope Sound Isolation for Blocks D and

E” being Exhibit 28 in OLT Case No. PL160692 on file with the Chief Planner;

f. Prior to Site Plan Approval, the following are required:

i. warning clauses will be registered on title to all of the lands subject to this by-

law advising of the Class 4 area designation and proximity of the Willowbrook

Rail Maintenance Facility and Mimico GO Station to the proposed

development; and

ii. an environmental easement for noise will be granted by the owner in favour of

Metrolinx.

ATTACHMENT 4

Authority:

Ontario Land Tribunal Decision issued on February 11, 2020 and Ontario Land

Tribunal Order issued on [date] in Tribunal File PL160692

CITY OF TORONTO

BY-LAW NO. XXXX–2022

To amend Zoning By-law No. 569-2013, as amended, with respect to the lands

municipally known in the year 2021 as 2 and 10 Audley Street and 29, 31, 59 and

71 Portland Street

Whereas the Ontario Land Tribunal in its Decision issued February 11, 2020 and its Order

issued on [date] in hearing an appeal under Section 34(11) of the Planning Act, R.S.O.

1990, c.P.13, as amended, ordered the amendment of By-law 569-2013, as amended,

with respect to the lands municipally known in the year 2021 as 2 and 10 Audley Street

and 29, 31, 59 and 71 Portland 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 or 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 matter 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, a

municipality may require the owner to enter into one or more agreements with the municipality dealing with

the facilities, services and matters; and

Whereas the owner of the 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 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;

By-law 569-2013, as amended, of the City of Toronto is further amended by the Ontario

Land Tribunal as follows:

7. This By-law applies to the lands delineated by heavy black lines on Diagram 1

attached to this By-law.

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

Zoning By-law No. 569-2013, Chapter 800 Definitions, with the exception of the

following:

a) Day Nursery means premises providing temporary care or guidance for

more than five children, for a continuous period not exceeding twenty-four

hours and is regulated, if applicable, under the Child Care and Early Years

Act, 2014, S.O. 2014, c. 11, Sched. 1. A recreational program operated by

or for the City is not a day nursery [By-law: 1429-2017].

9. Zoning By-law No. 569-2013, as amended, is further amended by amending the

Zoning By-law Map in Section 990.10, respecting the lands outlined in heavy lines

to: CRE (x59), O and UT shown on Diagram 3 attached to this By-law.

10.Zoning By-law No. 569-2013, as amended, is further amended by adding

Exception 59 to Article 900.12.10 so that it reads:

(x59) Exception CRE 59:

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:

(U) On 2 and 10 Audley Street and 29, 31, 59 and 71 Portland Street, as shown

on Diagram 1 of By-law XXXX-2022, if the requirements of Section 6 and

Section A of By-law XXXX-2022 are complied with, buildings or structures

may be constructed in compliance with Regulations (B) to (S) below;

(V) Despite Regulation 50.5.40.10(1), the height of the building or structure is

measured as the vertical distance between the Canadian Geodetic Datum

elevation of 95.40 metres and the highest point of the building or structure;

(W) Despite Regulation 50.10.20, Public Parking is a permitted use, if located

entirely below ground;

(X) Despite Regulation 50.10.40.10(1), the permitted maximum height of a

building or structure is the number, in metres, following the letters “HT” as

shown on Diagram 3 of By-law XXXX-2022;

ii.

For the purposes of this exception, the permitted maximum height of

a building or structure is inclusive of the mechanical penthouse;

(Y) Despite Regulation 50.10.40.10(4), the permitted maximum number of

storeys of a building or structure is the number following the letters "ST"

as shown on Diagram 3 of By-law XXXX-2022;

ii.

For the purposes of this exception, a mezzanine and mechanical

penthouse do not constitute a storey;

(Z) Despite Regulations 50.5.40.10(3), (4), (5) and (6) and (D) above, the

following elements of a building or structure may project above the

permitted maximum building heights as shown on Diagram 3 of By-law

XXXX-2022:

ix.

fences, raised planters, landscape features, light fixtures, seating,

bollards, trellises and guardrails associated with an outdoor amenity

space by a maximum height of 3.0 metres;

x.

a railing or railings, balcony dividers, fences, or privacy gates and

skylights located at each of the roof levels of the building by a

maximum of 1.8 metres;

xi.

a parapet, including roof drainage, thermal insulation and roof

ballast, at each of the roof levels of the building by a maximum of

1.5 metres;

xii.

elements associated with a green roof by a maximum of 0.5

metres;

xiii.

elements or structures used for outside or open air recreation,

safety, acoustic or wind protection purposes by a maximum of 3.0

metres;

xiv.

xv.

stairs, stair enclosures, stair towers, access corridors to stairs and

elevator overruns by a maximum of 4.0 metres;

spires, ornamental, decorative, art or architectural elements, and

features, located above the height of each of the roof levels by a

maximum of 7.0 metres; and

xvi.

window washing equipment, lightning rods and exhaust flues

located above the mechanical penthouse roof level by a maximum

of 3.0 metres;

(AA) The permitted maximum gross floor area of all buildings and structures

on the lot is 71,700 square metres, of which:

iii.

iv.

the permitted maximum gross floor area for residential uses is

68,550 square metres; and

the required minimum gross floor area for non-residential uses is

3,067 square metres, of which 800 square metres is the minimum

required gross floor area for a day nursery and 1,503 square

metres is the minimum gross floor area for office;

(BB) In addition to the elements which reduce gross floor area listed in Regulation

50.5.40.40(3), the following element also reduces the gross floor area of a

building:

i.

elevator overruns;

(CC) Despite Regulations 50.10.40.70(1) and (3) the required minimum building

setbacks are as shown on Diagram 3 of By-law XXXX-2022;

(DD) Despite Sections 50.5.40.60 and 50.10.40.60, and (I) above, the following

building elements may encroach into the required minimum building

setbacks as shown on Diagram 3 of By-law XXXX-2022;

vi.

eaves, bulkheads, cornices, window sills, doors, columns,

landscape and public art features, light fixtures, balustrades,

guardrails, bollards, awnings, arcades, raised planters, patios,

retaining walls, fences, vents, trellises, parapets, architectural

frames, screens, wind mitigation screens and features, landscape

features and seating areas, patios, terraces, damper equipment,

and window washing equipment by a maximum of 1.2 metres;

vii.

wheelchair and covered ramps, stairs and stair enclosures,

vestibules, awnings, canopies, underground parking ramp and

associated structures by a maximum of 3.0 metres;

viii.

ix.

balconies and bay windows to a maximum of 2.0 metres;

structures used for outside or open air recreation, safety or wind

protection, to a maximum of 2.6 metres; and

x.

ornamental, decorative or architectural elements by a maximum of

3.1 metres.

(EE) The permitted maximum gross floor area of the tower floor plate as

measured from the exterior of the main wall on each storey, for the 9^th

storey to the 24^thstorey inclusive, is 838 square metres for Tower A,

excluding balconies, and for the 9^thstorey to 20^thstorey inclusive, is 812

square metres for Tower B, excluding balconies, as shown on Diagram 3 of

By-law XXXX-2022;

(FF) Despite Regulation 50.10.40.50, amenity space must be provided at a

minimum rate of 1.5 square metres of indoor amenity space per dwelling

unit provided that the minimum combined indoor and outdoor amenity space

per dwelling unit is 4.0 metres.

(GG)Despite Regulation 200.5.10.1(1) and Table 200.5.10, the required number

of parking spaces provided and maintained on the lot are not to be less than

the number calculated in accordance with the following minimum ratios

(fractions to be rounded down to the closest whole number), and must be

located in the underground parking structure:

iv.

v.

a minimum of 0.34 parking spaces per dwelling unit is required

to be provided for use by residents;

a minimum of 0.09 parking spaces per dwelling unit is required

to be provided for use by residential visitors;

vi.

vii.

a minimum of 1.0 parking spaces per 100 square metres of non-

residential gross floor area is required to be provided; and

any parking spaces required in (L)(ii) and (iii) above may be

provided and shared within a public parking use, with or without a

fee;

(HH) Despite Regulation 200.5.10(1) and Table 200.5.10.1, the total number of

resident parking spaces provided pursuant to the above-noted ratio in (L)(i),

parking spaces for residents on the lot may be reduced at a rate of 4 parking

spaces for each car-share parking space, provided the maximum permitted

reduction is calculated using the following formula: 4 x (total number of

dwelling units ÷ 60), rounded down to the nearest whole number;

iii.

"car-share" means the practice whereby a number of people share

the use of one or more motor vehicles that are owner by a profit or

non-profit car-sharing organization and such car-share motor

vehicles are made available to at least the occupants of the building

or short term rental, including hourly rental;

iv.

"car-share parking space" means a parking space exclusively

reserved and used only for car-share purposes whereby the vehicle

is accessible to at least the occupants of the buildings;

(II) Despite Regulation 200.5.10.1(12) and (L)(i) above, the total minimum

number of parking spaces required for residents on the lot may be reduced

at a rate of 1 parking space for every 5 bicycle parking spaces provided in

excess of the minimum number of bicycle parking spaces required, if the

reduction of parking spaces is not greater than 20% of the total minimum

parking spaces required;

(JJ) Despite Article 220.5.10, one Type “G” loading space and one Type “C”

loading space are required to be provided and maintained on the lot;

(KK) Despite Regulation 230.5.1.10(4), the minimum horizontal dimension for

bicycle parking spaces in a vertical position or in a bicycle stacker is 0.45

metres;

(LL) Despite Regulation 230.5.1.10(9), "long term" bicycle parking spaces may

be located outdoors or indoors, on the ground level, below grade or above

grade;

(MM)Despite Regulation 230.5.10.1, the number of bicycle parking spaces

provided and maintained on the lot must in accordance with the following

minimum rates:

iii.

iv.

v.

0.68 "long-term" bicycle parking spaces per dwelling unit are

required to be provided on the lot;

0.07 "short-term" bicycle parking spaces per dwelling unit are

required to be provided on the lot;

3 "short term" bicycle parking spaces plus 0.15 bicycle parking

spaces for each 100 square metres of interior floor area used for

commercial and office uses are required to be provided on the lot;

vi.

vii.

0.13 "long term" bicycle parking spaces per 100 square metres

of interior floor area used for commercial and office uses are

required to be provided on the lot;

3 "short term" bicycle parking spaces plus 0.25 bicycle parking

spaces for each 100 square metres of interior floor area used for

retail uses are required to be provided on the lot; and

viii.

0.13 "long term" bicycle parking spaces per 100 square metres of

interior floor area used for retail uses are required to be provided

on the lot;

Prevailing By-laws and Prevailing Sections: None Apply

11.Despite any future severance, partition, or division on the lands, the provisions of

this By-law apply as if no severance, partition or division occurred;

12.Section 37 Provisions

(D) 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, attached to this By-law, in return for the provision by the owner, at the

owner’s expense of the facilities, services and matters set out in Schedule

A attached to this By-law 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;

(E) 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; and

(F) 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 Aare satisfied.

Ontario Land Tribunal Decision issued on February 11, 2020 and Ontario Land Tribunal Order

issued on [date] in Tribunal File PL160692.

SCHEDULE A

Section 37 Provisions

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

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

development on the lands shown as CRE (x59) on Diagram 2 of this By-law, and

secured in an agreement or agreements pursuant to Section 37(1) of the Planning Act,

whereby the owner agrees as follows:

5. The owner is required to enter into an agreement with the City pursuant to Section 37 of the

Planning Act, to secure the provision of the said facilities, services and matters, in a form

satisfactory to the City with conditions providing for indexed escalation of financial

contributions, no credit for development charges unless otherwise specified, indemnity,

insurance, GST/HST, termination and unwinding, and registration and priority of agreement.

6. The community benefits that shall be secured in the Section 37 Agreement are as follows:

a. Registration of a restriction(s) pursuant to section 118 of the Land Titles Act on Parts

7, 8, 11, 12 and 13 of the RPlan 66R-30185 to the satisfaction of the City Solicitor,

prohibiting the sale or charge of these Lands without consent of the City, with such

consent not be unreasonably withheld and which, for greater certainty, shall not be

withheld to facilitate financing of the lands and developments thereon;

b. Conveyance to the City of parkland comprising Part 7 of the RPlan 66R-30185 for

nominal consideration at the earlier of: (i) first residential occupancy; and, (ii)

registration of a plan of condominium on the lot;

c. the provision of an offsite parkland dedication comprised of Parts 15 and 19 of

RPlan 66R-30597 in order to further the City’s goal of achieving a large

centrally located public park on Block D of the Mimico Judson Secondary Plan,

which conveyance shall occur prior to the earlier of first residential occupancy

or registration of a plan of condominium on the Block D3 lands, as identified in

the Site and Area Specific Policies adopted under OPA 331;

d. Conveyance to the City of an extension to Newcastle Street comprising Parts 8, 11,

12, and 13 of the RPlan 66R-30185 for nominal consideration at the earlier of: (i) first

residential occupancy; and, (ii) registration of a plan of condominium on the lot;

e. the provision of an at-grade easement to the City to create a privately owned publicly

accessible open space (“POPS”) over a minimum of 208m2 immediately north of the

public park on the lot, to the satisfaction of the Chief Planner; and

f. the provision of a minimum of 25% two or more bedroom units, which shall include a

minimum of 10% three bedroom units, and which may be provided on the lot and/or

the lands municipally known as 1 Audley Street and 8 Newcastle Street.

7. The agreement or agreements entered into under Section 37(3) of the Planning Act shall

recognize that:

a. the conveyance of parkland comprised of Part 7 of RPlan 66R-30185 together

with Parts 15 and 19 of RPlan 66R-30597 will, once conveyed, fully satisfy the

parkland dedication requirements under Section 42 of the Planning Act and the

City’s by-law for determining parkland dedication (contained in Chapter 415 of

the Municipal Code) as may be amended, revised or superseded from time to

time, for the development of the lot; and,

b. a building permit for a building(s) or structure(s) on the lands shall not be

withheld for purposes of parkland dedication provided that the owner has

registered restrictions pursuant to section 118 of the Land Titles Act over the

lands identified as “Parkland” in Section 7.a above, and that the owner has

secured the conveyance of said lands in the Section 37 Agreement prior to the

earlier of first residential occupancy and registration of a plan of condominium

for the respective developments.

8. The other matters secured in the Section 37 Agreement as a legal convenience to

support the development are as follows:

a. arrangements shall be made satisfactory to the City Solicitor to secure the

owner’s proportionate contribution to upgrades to existing municipal

infrastructure as may be required and as confirmed by a joint functional

servicing report and a joint traffic impact study submitted in support of the

developments contemplated under the Site and Area Specific Policy for Block

D and Block E of the Mimico Judson Secondary Plan (OPA 331), to the

satisfaction of the Executive Director, Engineering and Construction Services;

and,

b. The provision of 5% of the new dwelling units on the lot as affordable housing units in

accordance with the City’s Home Ownership Assistance Program Development

Charges Deferral Program (the “HOAP”) whereby: