Item - 2025.CC31.8

City Council on June 25 and 26, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 12, 2025) from the City Solicitor, as amended by motion 1a by Councillor Lily Cheng.

2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 20, 2025) from the City Solicitor.

3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 12, 2025) from the City Solicitor, as amended by motion 1a by Councillor Lily Cheng, and Confidential Appendix A to the report (June 12, 2025) from the City Solicitor.

4. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the supplementary report (June 20, 2025) from the City Solicitor.

5. City Council direct that the balance of Confidential Attachment 1 to the report (June 12, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

6. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (June 20, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (June 12, 2025) from the City Solicitor, as amended by motion 1a by Councillor Lily Cheng, and the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 20, 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 June 3, 2025, set out in Confidential Appendix A to the report (June 12, 2025) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council accept the supplemental without prejudice offer to settle dated June 19, 2025, set out in Confidential Appendix A to the supplementary report (June 20, 2025) from the City Solicitor. 

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

a. the final form and content of the Official Plan Amendment and Zoning By-Law Amendment are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. the Owner has submitted revised Landscape and Planting Plans, including a soil volume plan to meet Toronto Green Standard version 4 requirements, inclusive of the Toronto Green Standard requirement to provide 499 cubic metres of soil, to the satisfaction of the Executive Director, Environment and Climate and the Executive Director, Development Review;

c. the Owner has submitted a revised Pedestrian Level Wind Study, including a revised wind tunnel study with the identification of any required mitigation measures to be secured in the Zoning By-law amendment and through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review;

d. the Owner has addressed all outstanding issues raised by Engineering and Construction Services and Transportation Services as they relate to the Official Plan Amendment and Zoning By-law Amendment application as set out in their memorandum dated August 8, 2024, or as may be updated in response to further submission(s) filed by the Applicant, to the satisfaction of the Director, Engineering Review;

e. the Owner, at their sole cost and expense, has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system, storm sewer system, and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands to the satisfaction of Director, Engineering Review;

f. if the Functional Servicing and Stormwater Management Report accepted and satisfactory from e. above require any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

1. the Owner has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financially secured agreement, all to the satisfaction of the Director, Engineering Review; or

2. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report in Part 3.e. above are constructed and operational, all to the satisfaction to the Director, Engineering Review; and

g. all necessary approvals or permits arising from Parts 3.f.1. or 3.f.2. above are obtained, where required, all to the satisfaction to the Director, Engineering Review.

4. City Council direct the Executive Director, Development Review and the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks and Recreation, local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to Subsection 37(6) of the Planning Act that includes:

a. on-site or off-site public art; and

b. the design and construction of park improvements to Albert Standing Park in consultation with the owner and to be undertaken by the Owner.

5. City Council direct that City staff report back to City Council for further instruction on any offer of in-kind community benefits made by the owner.

6. City Council request the Owner, to the extent possible, to work with the Executive Director, Development Review, to consider and implement the Yonge North Business Improvement Area’s Public Realm Plan in the design of the site.

7. City Council direct the Executive Director, Development Review and Executive Director, City Planning, to secure the commitment from the applicant to provide one additional visitor parking space, for a total of 20 spots.

8. City Council request the Executive Director, Development Review to consider securing streetscape improvements abutting the site, including, but not limited to, enhanced pedestrian clearway materials, pavers, plantings, street furniture, lighting, etc., as part of the Site Plan Agreement.

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

Confidential Appendix A to the report (June 12, 2025) from the City Solicitor is now public and can be accessed under Background Information (City Council).

Confidential Appendix A to the supplementary report (June 20, 2025) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (June 12, 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 (June 12, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the supplementary report (June 20, 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 supplementary report (June 20, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.