Proposed Consolidated
Revisions to Appendix A:
Conditions of Site
Plan Approval
1291126 Ontario Inc.
(Liberty Development Corporation)
7161 and 7171 Yonge
Street
1. THAT
site plan approval shall lapse after a period of three years commencing
2. THAT
the site plan shall comply with the requirements of By-law 2009-118, as
amended;
3. THAT
prior to endorsement of the site plan, the Owner shall submit a Level 1A Technical
Review to the TTC (in compliance with the TTC’s
Developers Guide) for the TTC’s review and approval.
4. THAT
prior to execution of the Site Plan Agreement, the Owner shall:
a) Complete the following studies and plans, to
the satisfaction of the Town of
o
Municipal
Servicing Study;
o
Transportation
Study;
o
Site
Servicing Plan;
o
Grading
plan;
o
Erosion
and Sediment Control Plan;
o
Phase
2 Environmental Site Assessment Study;
o
Wind
Study;
o
Travel
Demand Management Plan;
o
Stormwater Management Report.
b) Enter
into one or more Development Agreement(s) with the Town of
o
the construction and financing of external servicing
infrastructure as identified in the Servicing Study and satisfying the
requirements, if any, of the Municipal Class EA. Prior to the execution of this agreement, the
applicant shall provide written confirmation from the City of Toronto that
construction access for sanitary sewer connections or other infrastructure,
will be permitted within the Steeles Avenue East
right of way. The Owner is required to
front-end the cost of designing and constructing the off-site infrastructure to
service the site and the recovery of the cost shall be in accordance with the
Development Charges By-law and the Development Charges Act.
o
provide for the installation of traffic signals
at the intersections of
o
provide
for widening and road improvements to
c) Submit a Landscape Plan and associated cost
estimates, prepared by a Landscape Architect having O.A.L.A. membership, to the
satisfaction and approval of the Director of
d) Submit
an appraisal report for the subject lands for the purposes of calculating
cash-in-lieu of parkland;
e) Provide
the Town of
5. THAT
prior to issuance of the site plan approval, the owner shall:
a) Enter into a Section 37 Agreement with the
Town regarding a financial or in-kind contribution equivalent to $2 million for
the provision of community services in Ward 1 or the Thornhill Community, to be
paid at the time of issuance of the first residential building permit, to the
satisfaction of the Town;
b) Dedicate to the satisfaction of the Town of
c) Dedicate
public right of way easements over all internal private roadways and private
open space areas, where required, to the satisfaction of the Town of
d) Provide
written confirmation from CNR that their conditions have been satisfied;
e) Secure
a variance for reduced building setbacks as per the endorsed site plan from the
Meadowview and Yonge Street rights of way as set out in the endorsed site plan,
if required, as previously supported by Town Staff.
6. That
the Site Plan Agreement shall:
a) Provide for payment by the Owner of all
applicable fees, recoveries and development charges;
b) Contain provisions for satisfying Town
Departments including all requirements of the Director of Engineering, the Fire
Department, Waste Management and Roads;
c) Contain a clause whereby the Owner agrees to attain LEED silver certification for the proposed development;
d) Contain a clause requiring a minimum of 8,000 m2 of gross floor area for business offices and/or medical offices in Building C, as shown on the endorsed site plan, with such clause requiring the issuance of a building permit for Building C prior to or concurrent with, issuance of any building permit for a building designed for residential occupancy;
e) Contain a clause requiring that Street ‘A’
and Street ‘B’ be completed throughout the site and are connected to
f) Contain a clause whereby the Owner agrees not to finish or occupy any residential units in the portion of Building B1 and B2 to be constructed as part of the site plan approval (i.e. the portion of this building located below 205 metres geodetic elevation) until servicing allocation for these residential units has been granted;
g) Contain the following clauses, as set out in
the letter from Toronto Transit Commission dated
i) the proximity of the proposed development of the lands municipally known as 7161/7171 Yonge Street, to the TTC subway right of way may result in noise, vibration, electromagnetic interference, stray current, smoke and particulate matter, transmissions (collectively referred to as interferences) to the Development;
ii) the
City of
iii) it had been advised by the Commission to apply reasonable attenuation/mitigation measures with respect to the level of the interferences on and in the development; and
iv) a TTC interferences Warning clause, as provided below and satisfactory to the TTC has been, or shall be inserted into all offers of purchase and sale or lease and condominium declaration(s) for each unit:
“The Purchaser and/or Lessee specifically
acknowledges and agrees that the proximity of the development of the lands
municipally known as 7161/7171 Yonge Street to TTC transit operations may
result in noise, vibration, electromagnetic interference, stray current, smoke
and particulate matter, transmissions (collectively referred to as
interferences) to the Development and despite the inclusion of control features
within the Development, interferences from transit operations may continue to
be of concern, occasionally interfering with some activities of the occupants
in the Development. Notwithstanding the
above, the Purchaser and/or Lessee agrees to release and save harmless the City
of Toronto and the Toronto Transit Commission from all claims, losses,
judgments or actions arising or resulting from any and all Interferences. Furthermore the Purchaser and/or Lessee
acknowledges and agrees that an electromagnetic, stray current and noise-warning
clause similar to the one contained herein shall be inserted into any
succeeding lease, sublease or sales agreement, and that this requirement shall
be binding not only on the parties hereto but also their respective successors
and assigns and shall not die with the closing of the transaction.”
h) Contain clauses whereby the owner agrees to implement recommended measures identified in the approved Travel Demand Management Study, into the design of this development.
i) Contain a clause
whereby the owner agrees to implement bird-friendly design measures, in
consultation with the Town of
j) Contain
a clause requiring the Owner to pay for off-site works and infrastructure
within the Yonge-Steeles growth area that benefit or
will benefit the Owner’s lands.
k) Contain a clause requiring the Owner to carry out an Environmental Site
Assessment in accordance with the Environmental Protection Act and its
regulations, to provide the cost of the peer review of all environmental
reports, and to provide a Record of Site Condition for all lands to be conveyed
to the Town.
l) Contain a clause whereby the owner agrees to
maintain the future
m) Contain a clause whereby the owner agrees to
maintain the
n) Contain a clause whereby the owner agrees to
enter into a Park Development and Delivery Agreement with the Town for parkland
development including matters such as: conveyance of parkland in Phase 2;
public easements; financial arrangements including application of development
charges and credits and/or cash-in-lieu as applicable; maintenance obligations;
preparation and approval of plans for park improvements; and timing and process
for park delivery.
o) Contain a clause whereby the owner agrees to enter into a Maintenance, Easement and Continuing Indemnity Agreement with the Town for lands in Phase 2 that will be owned by the Town as a strata land conveyance to include matters such as: conveyance of parklands; public easements; park improvements; performance and audit reports and reserve fund studies; other owner obligations related to the development, use maintenance, repair, restoration or reconstruction of any part of the parking garage or structure below the parklands; obligation to maintain insurance and any other obligations to indemnify and defend the Town.