Barristers & Solicitors

Goodmang

Bay Adelaide Centre 333 Bay Street, Suite 3400 Toronto, Ontario M5H 2S7 Telephone: 416.979.2211 Facsimile: 416.979.1234 goodmans.ca Direct Line: 416.597.4265 ebiesma@goodmans.ca

March 3, 2014 Our File No.: 10.3373

Delivered Ms. Lynda Macdonald,Planning Manager Community Planning, Toronto and East York District, West Section 18th Floor, East Tower, City Hall 100 Queen Street West Toronto, ON M5H 2N2 Attention: Liora Freedman Dear Sirs/Mesdames: Re: Zoning By-law Amendment and Site Plan Application Resubmission Riotrin (Bathurst) Properties Inc. - 410-446 Bathurst Street

We are the solicitors for Riotrin (Bathurst) Properties Inc.,("RioCan") the owner of a 4,937m2 parcel of land located on the west side of Bathurst Street between Dundas Street and College Street, known municipally as 410-446 Bathurst Street (the "Site"). On February 22, 2013 we submitted rezoning and site plan applications on behalf of RioCan so as to permit a proposed 3 storey urban format commercial development on the Site. The application was appealed to the Ontario Municipal Board and a pre-hearing conference has been scheduled at the Ontario Municipal Board for March 24, 2014. Our client has met with City Staff, the local councillors and area residents to discuss the proposed development. Recent discussions have led to revisions to the original application that reflect a settlement proposal that has been made to the City. The specific details concerning the settlement proposal are contained in a Directions Report dated February 19, 2014, which was recommended by the Toronto and East York Community Council at its meeting held on February 25,2014. Settlement Proposal: The proposal continues to reflect a non-residential building, which includes the following elements:

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The revised plans propose a four-storey development, with two floors of retail uses and two floors of office uses, rather than the submitted proposal for a three-storey retail development. The maximum non-residential gross floor area of a single retail unit has been decreased from 8,800 m2 to 4,200 m2 (exclusive of mezzanine, galleria and service space). The proposed 4,200 m2 retail unit is located on the second floor. There will continue to be a minimum of6 individual retail units on the ground floor, not associated with the second floor retail unit. The total non-residential gross floor area has been increased from 12,000 m2 to 13,300 m2 (exclusive of second floor mezzanine space). (The revised plans show a non-residential , of which 6,622 m2 is for retail uses and 6,502 m2 is for gross floor area of 13,124 m2 , office uses. We are proposing a maximum non-residential gross floor area of 13,300 m2 to provide flexibility as detailed design proceeds, and recognizing that the building envelope will be controlled by the height, setback and angular plane requirements.) The maximum height of the building is 20 metres (plus 2 metres for rooftop mechanical equipment). Specific setback and angular plane provisions continue to be proposed, with a greater ground floor setback at the front of the building to accommodate a 4.8 metre sidewalk on Bathurst Street, and greater setbacks of the upper floors at the rear of the building. At the rear ofthe building, the ground floor continues to be set back 5.5 metres from the rear lot line of the lots in the adjacent R district (the "R district rear lot line), but the second floor is set back 7.5 metres from the R district rear lot line (compared to 5.5 metres under the submitted proposal). The second, third and fourth floors are all stepped back at the rear ofthe building to observe a 45 degree angular plane that starts 7.5 metres from the R district rear lot line and at a height of 10.0 metres.

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The resubmission materials reflect the details ofthe settlement proposal. Supporting Material: The following documents and reports submitted in support ofthe settlement proposal: 1. 2. A development approval resubmission application form. 5 copies of each ofthe following reports and associated plans: (a) Functional Servicing Report prepared by Counterpoint Engineering.

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(b) (c) (d) 3. Revised Green Development checklist prepared by Turner Fleischer. Planning Rationale Addendum prepared by Bousfields Inc. Revised Transportation Impact Study and Revised Loading Memo.

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20 sets of updated site plan drawings including a site plan, floor plans, elevations, site and landscape plans for the revised proposal. 1 DVD-RW including the above-noted materials.

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We trust that this is satisfactory and will be pleased to submit any additional information as required. Yours truly,

Catherine Biesma Land Use Planner CMB/sls

cc. Riotrin (Bathurst) Properties Inc.

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