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00 Jobs (Including Loblaw) 1 PL180148 Local Planning Appeal Tribunal Tribunal d’appel de l’aménagement local PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended. Applicant and Appellant: bcIMC Realty Corporation Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment. Existing Designation: Mixed Use Areas Proposed Designation: Mixed Use Areas Purpose: To permit the intensification of a currently existing shopping centre with mixed use buildings. Property Address/Description: 2901 Bayview Avenue and 630 Sheppard Avenue East Municipality: City of Toronto Approval Authority File No.: 17 208789 NNY 24 OZ OMB Case No.: PL180148 OMB File No.: PL180148 OMB Case Name: bcIMC Realty Corporation 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: bcIMC Realty Corporation Subject: Application to amend former City of North York Zoning By-Law 7625 – Refusal or neglect of the City of Toronto to make a decision Existing Zoning: “Local Shopping Centre Zone” C2(10) Proposed Zoning: Site specific (to be determined) Purpose: To permit the intensification of a currently existing shopping centre with mixed use buildings. Property Address/Description: 2901 Bayview Avenue and 630 Sheppard Avenue East Municipality: City of Toronto Municipality File No.: 17208789 OMB Case No.: PL180148 OMB File No.: PL180148 2 PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c.P.13, as amended. Applicant and Appellant: Subject: Existing Zoning: Proposed Zoning: Purpose: Property Address/Description: Municipality: Municipality File No.: OMB Case No.: OMB File No.: Settlement Hearing by Teleconference November 17, 2020 3 -1- AFFIDAVIT OF LINDSAY DALE-HARRIS I, Lindsay Dale-Harris, of the City of Toronto, hereby make oath and say as follows: 1.0 QUALIFICATIONS AND RETAINER 1.1 I am a director of the firm Bousfields Inc. (“Bousfields”). I have been employed by the firm since its inception in 1974 and have been a partner and/or director of this firm since 1978. 1.2 I received a Bachelor of Arts from the University of Toronto in 1969 and a Master of Science in Urban and Regional Planning from the University of Toronto in 1971. I am a fellow of the Canadian Institute of Planners (CIP) and a member of the Ontario Professional Planning Institute (OPPI). I have practiced planning in Ontario continuously since 1971. My curriculum vitae and Acknowledgement of Expert’s Duty are found in Tab 1 and 2 of Exhibit A. 1.3 I have provided professional planning advice with respect to numerous residential and mixed-use projects throughout Toronto, including a number of projects in the former City of North York. Recent experience in what is now the North York Planning District includes planning support for official plan, zoning by-law, plan of subdivision and site plan applications for the redevelopment of Newtonbrook Plaza, the redevelopment of 172 – 186 Finch Avenue West (at Grantbrook), the intensification of the Steeles Technology Campus (404 and Steeles Avenue), 865 York Mills and 801 York Mills/1855 Leslie Street and the redevelopment of the southeast corner of Sheppard and Yonge Street (Hullmark Plaza). 1.4 I was first retained by the QuadReal Property Group (“Quadreal”) regarding 2901 Bayview Avenue and 630 Sheppard Avenue East (“the Property”) in October 2013 to advise with respect to its planning and regulatory context as Quadreal was considering purchasing the Property. 1.5 The Property occupies the majority of the quadrant bounded by Sheppard Avenue East to the south, Hawksbury Drive to the east, Bayview Mews Lane to the north and Bayview Avenue to the west and is approximately 86,877 square metres (approximately 8.7 hectares) in size as shown in Tab 28. The Loblaw Property and its associated parking, and the Arc Condominium, a 15-storey building located at 2885 Bayview Avenue, are not part of the Property, and are also shown on that Exhibit. 1.6 The Property has a frontage of 342 metres on Sheppard Avenue, 348 metres on Bayview Mews and 260 metres on Hawksbury Drive. It currently has eight vehicular accesses: three along Sheppard Avenue East, three along Bayview Mews Lane, and two on Hawksbury Drive. Surface parking occupies the majority of the Sheppard Avenue East frontage, with the exception of a 2-storey stand-alone restaurant located approximately midway between Bayview Avenue and Hawksbury Drive. A 2-storey parking deck is located at the southeast quadrant of the Property, with parking also located on top of the shopping centre and along the Bayview Mews Lane frontage. Collectively, the Bayview Village Mall provides 1,748 4 -2- parking spaces for its patrons. There are currently no dedicated bicycle parking spaces. Landscaping on the Property is limited. 1.7 Pre-Covid, the fully enclosed shopping centre was home to approximately 117 establishments and provided approximately 1600 jobs (including Loblaw). Tenants included retail, office, banks and restaurants, as well as an LCBO. Valet services, concierge services and personal shopping services are all offered to its patrons. 2.0 APPLICATION BEFORE THE TRIBUNAL 2.1 Tab 18 is a copy of the Council decision with respect to the City Solicitor's Report: 2901 Bayview Avenue and 630 Sheppard Avenue East – Official Plan Amendment and Zoning By-law Amendment – Request for Directions Report. The Council adopted the recommendations contained in Confidential Attachment 1 to the September 21st Report and authorized the public release of the confidential recommendations contained in that Attachment, at the discretion of the City Solicitor. 2.2 Attached to the September 21st report was the on the record Without Prejudice Settlement Offer Letter, dated September 3rd, 2020 prepared by McCarthy Tetrault (“the Settlement Letter”). The Settlement Letter was included as Public Attachment 1 and the Architectural Plans and Drawings for the Settlement Offer (“the Settlement Plans”) were included as Public Attachment 2, both of which are found in Tab 19 and Tabs 20 - 23 respectively and are referred to in this Affidavit as “the Settlement”. 2.3 The Settlement provides for the retention of, and a modest expansion to, the existing BVSC and the intensification of the north east portion of the Property (the “North East Development”) and the south west portion of the Property (the “South West Development”) as follows: 2.3.1 North-East Development The North-East Development will consist of the following components: • two six-storey buildings, one 20-storey tower and a commercial addition to the existing mall; • a maximum 30,800 square metres of gross floor area (“GFA”) for residential purposes; • a maximum 8,800 square metres of GFA for non-residential purposes; • maximum tower element floor plates of 890 square metres on floors 4 to 6, 795 square metres on floors 7 and 8 and 755 metres from floors 9 20 (all areas being gross construction area). 2.3.2 South-West Development The South-West Development will consist of the following components: • two towers with heights of 29 and 30 storeys connected by a single podium building; 5 -3- • a maximum 50,500 square metres of GFA, as defined by Zoning By-law a 569- 2013, as amended, for residential purposes; • a maximum 15,900 square metres of GFA for non-residential purposes; • a maximum tower floorplate for each tower of 795 square metres gross construction area, above the podium element; and • a publicly accessible open space area of not less than 750 sq. m adjacent to Sheppard Avenue East and the proposed new public park. 2.3.3 New Parkade The new Parkade will consist of a 5-storey above grade parking structure adjacent to the existing mall, having a non-residential GFA of approximately 11,000 square metres. 2.3.4 Gross Floor Area The Development as a whole will have a total maximum GFA of 117,000 square metres comprised of: • a maximum 81,300 square metres of residential GFA; and • a maximum 35,700 square metres of non-residential GFA. 2.3.5 Parkland Dedication A minimum 4,926 square metres of public parkland will be dedicated in full satisfaction of the Planning Act requirements, of which 1,201 sq. metres will be located adjacent to the South West Development Area and 3,725 sq. metres will be located adjacent to the North East Development Area. 2.3.6 Distribution of Bedroom Units The total number of new residential dwelling units will be comprised of: • a minimum of 40% 2 or 3 bedroom units; and • a minimum of 10% 3 bedroom units. Although the distribution within individual buildings may vary provided that the overall minimums are achieved. 2.3.7 Section 37 Benefits • A minimum of 2,648.0 square metres of net leasable area having a total value of $4,474,500 shall be provided as affordable rental units (a minimum of 40 units) in accordance with the minimum distribution of two and three bedroom units in the development in accordance with paragraph 2.3.6; • A cash contribution of $1,954,156 to be allocated towards capital facilities within the vicinity of the Bayview Village Shopping Centre Lands, which may include cycling facilities along Sheppard Avenue East; and • A contribution towards the construction of a TTC tunnel connection within the City right-of-way, having a minimum value of $3,000,000.00. 6 -4- 2.3.8 Draft Plan of Subdivision To assist in securing appropriate phasing and implementation of the proposed development a draft plan of subdivision was filed with the City on September 30, 2020. The proposed draft plan provides for the required road widenings and the dedication of the public park blocks.
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