Item - 2025.CC30.10

City Council on May 21 and 22, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 8, 2025) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D, and E to the report (May 8, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 8, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 8, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated May 7, 2025 set out in Confidential Appendices A, B, C, D and E to the report (May 8, 2025) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. In the event the Ontario Land Tribunal allows the Official Plan and Zoning By-law Amendment appeals for 3140 and 3170 Dufferin Street and 60 and 68 Apex Road, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its final Order approving the Official Plan Amendment and Zoning By-law Amendment until such time as the City Solicitor confirms that:

a. the final form and content of the draft Official Plan Amendment is to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning, and the City Solicitor; 

b. the final form of the Zoning By-law amendment is to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning, and the City Solicitor, and includes holding provisions as follows:

1. the owner has satisfactorily addressed all matters contained in the Engineering and Construction Services Memorandum dated May 7, 2024, and any issues raised by Engineering and Construction Services, arising from the ongoing technical review of the studies listed in Part 2 below, as they relate to the subject applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

2. the owner has submitted or updated, as the case may be, the following reports to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: Functional Servicing Report to demonstrate adequate capacity in the storm and wastewater system and to identify any required improvements to accommodate the development of the lands, Phase Two Environmental Site Assessment Report, Hydrological Review Summary, Hydrogeological Investigation, Preliminary Geotechnical Investigation, Servicing Report Groundwater Summary, and Functional Servicing and Stage 1 Stormwater Management Report;

3. where improvements to the municipal sewer and/or water system are recommended in the revised Functional Servicing Report as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, the Owner has entered into a financially secured agreement with the City to secure the construction of the required improvements;

4. the owner has obtained approval of a Draft Plan of Subdivision for [ALL LANDS SHOWN ON DIAGRAM 1 OF BY-LAW] under subsections 51(31) or 51(56) of the Planning Act satisfactory to the Executive Director, Development Review and the City Solicitor;

5. the owner has submitted an addendum to the Transportation Impact Study to the satisfaction of the Executive Director, Development Review, in consultation with the Manager, Transportation Review North York District, that:

i.  provides traffic analysis for the ultimate condition with the statistics for each proposed development in accordance with the zoning by-law, taking into account the removal of the east-west road and the relocation of the block driveways; and

ii.  satisfactorily addresses all matters contained in the Transportation Review comments in the memorandum dated May 7, 2024, except to the extent that the comments are no longer relevant as a result of the Zoning By-law Amendment;

c. the owner has submitted an updated Land Use Compatibility and Mitigation Study for peer review and any required mitigation measures have been secured as necessary, all at the owner’s sole expense, and all to the satisfaction of the Executive Director, Development Review;

d. the owner has submitted an updated Wind Study to the satisfaction of the Executive Director, Development Review; and if necessary, the proposed Zoning By-law Amendment has been revised to address built form changes to mitigate unacceptable wind impacts that cannot be mitigated by way of matters secured through the Site Plan Control approval process; and

e. the owner has provided an updated Transportation Demand Management Plan to the satisfaction of the Executive Director, Development Review.

3. City Council direct that in accordance with Section 42 of the Planning Act, prior to the issuance of the first above grade building permit for 3140 and 3170 Dufferin Street and 60 and 68 Apex Road, the owner shall convey to the City an on-site parkland dedication, having a minimum size of 1,328.2 square metres, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor.

4. City Council approve acceptance of an on-site parkland dedication at 3140 and 3170 Dufferin Street and 60 and 68 Apex Road, pursuant to Section 42 of the Planning Act, subject to the owner conveying the parkland to the City, free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management.

5. City Council approve a development charge credit for the development at 3140 and 3170 Dufferin Street and 60 and 68 Apex Road, against the Parks and Recreation component of the Development Charges for the design and construction by the owner of Above Base Park Improvements, to the satisfaction of the General Manager, Parks and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks and Recreation, and the Parks and Recreation component of development charges, payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6. Notwithstanding Parts 3, 4 and 5 above, the acceptance of an on-site parkland dedication at 3140 and 3170 Dufferin Street and 60 and 68 Apex Road will nevertheless be conditional on the results of a peer-reviewed land use compatibility study, in accordance with Guideline D-6 Compatibility Between Industrial Facilities (Ontario Ministry of the Environment, Conservation and Parks), to the satisfaction of the General Manager, Parks and Recreation; should portions of the proposed parkland be found to be unsuitable for sensitive uses, according to the results of the peer-reviewed land use compatibility study, those portions of the proposed parkland will not be accepted as parkland pursuant to Section 42 of the Planning Act; and any residual parkland obligation shall be satisfied by a payment of cash-in-lieu of parkland, made prior to the issuance of the first above-grade building permit.

7. In the event the Tribunal allows the appeals for 3180 Dufferin Street, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal withhold its final Order approving the Official Plan Amendment and Zoning By-law Amendment until such time as the City Solicitor confirms that:

a. the final form and content of the draft Official Plan Amendment is to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the final form of the Zoning Bylaw amendment is to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning, and the City Solicitor; and includes holding (H) provisions as follows:

1. the owner has satisfactorily addressed all matters contained in the Engineering and Construction Services Memorandum dated May 7, 2024, and any issues raised by Engineering and Construction Services, arising from the ongoing technical review of the studies listed in Part 2 below, as they relate to the subject applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

2. the owner has submitted or updated, as the case may be, the following reports to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: Functional Servicing Report to demonstrate adequate capacity in the storm and wastewater system and to identify any required improvements to accommodate the development of the lands, Phase Two Environmental Site Assessment Report, Hydrological Review Summary, Hydrogeological Investigation, Preliminary Geotechnical Investigation, Servicing Report Groundwater Summary, and Functional Servicing and Stage 1 Stormwater Management Report;

3. where improvements to the municipal sewer and/or water system are recommended in the revised Functional Servicing Report as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, the Owner has entered into a financially secured agreement with the City to secure the construction of the required improvements;

4. the owner has obtained approval of a Draft Plan of Subdivision for [ALL LANDS SHOWN ON DIAGRAM 1 OF BY-LAW] under subsections 51(31) or 51(56) of the Planning Act satisfactory to the Executive Director, Development Review and the City Solicitor;

5. the owner has submitted an addendum to the Transportation Impact Study to the satisfaction of the Executive Director, Development Review, in consultation with the Manager, Transportation Review North York District, that:

i. provides traffic analysis for the ultimate condition with the statistics for each proposed development in accordance with the Zoning By-law, taking into account the removal of the east-west road and the relocation of the block driveways; and

ii. satisfactorily addresses all matters contained in the Transportation Review comments in the memorandum dated August 30, 2024, except to the extent that the comments are no longer relevant as a result of the Zoning By-law Amendment;

c. the owner has submitted an updated Land Use Compatibility and Mitigation Study for peer review and any required mitigation measures have been secured as necessary, all at the owner’s sole expense, and all to the satisfaction of the Executive Director, Development Review;

d. the owner has submitted an updated Wind Study to the satisfaction of the Executive Director, Development Review; and if necessary, the proposed Zoning By-law Amendment has been revised to address built form changes to mitigate unacceptable wind impacts that cannot mitigated by way of matters secured through the Site Plan Control approval process; and

e. the owner has provided an updated Transportation Demand Management Plan to the satisfaction of the Executive Director, Development Review in consultation with the Manager, Transportation Review North York District.

8. City Council direct that in accordance with Section 42 of the Planning Act, prior to the issuance of the first above grade building permit for 3180 Dufferin Street, the owner shall convey to the City an on-site parkland dedication, having a minimum size of 1,413.4 square metres, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor.

9. City Council approve acceptance of an on-site parkland dedication at 3180 Dufferin Street, pursuant to Section 42 of the Planning Act, subject to the owner conveying the parkland to the City, free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management.

10. City Council approve a development charge credit for the development at 3140 and 3170 Dufferin Street and 60 and 68 Apex Road, against the Parks and Recreation component of the Development Charges for the design and construction by the owner of Above Base Park Improvements, to the satisfaction of the General Manager, Parks and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks and Recreation, and the Parks and Recreation component of development charges, payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

11. Notwithstanding Parts 8, 9 and 10 above, the acceptance of an on-site parkland dedication at 3180 Dufferin Street will nevertheless be conditional on the results of a peer-reviewed land use compatibility study, in accordance with Guideline D-6 Compatibility Between Industrial Facilities (Ontario Ministry of the Environment, Conservation and Parks), to the satisfaction of the General Manager, Parks and Recreation; should portions of the proposed parkland be found to be unsuitable for sensitive uses, according to the results of the peer-reviewed land use compatibility study, those portions of the proposed parkland will not be accepted as parkland pursuant to Section 42 of the Planning Act; and any residual parkland obligation shall be satisfied by a payment of cash-in-lieu of parkland, made prior to the issuance of the first above-grade building permit.

12. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendices A, B, C, D and E to the report (May 8, 2025) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (May 8, 2025) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 8, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.