Item - 2025.TE27.26

That City Council adopt the following recommendations in the supplementary report (December 15, 2025) from the Executive Director, Development Review [TE27.26a]:

The Executive Director, Development Review recommends that City Council delete the Toronto and East York Community Council recommendations and adopt instead the following new recommendations:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 38-50 Park Road, and to continue discussions with the applicant to resolve outstanding issues for the reasons identified in the refusal report dated November 10, 2025.

2. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any Final Order be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Official Plan and Zoning Bylaw Amendment are satisfactory to the Executive Director, Development Review and the City Solicitor;

b. the owner has at its sole cost and expense:

1. Submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ('Engineering Reports') to the satisfaction of the Director, Engineering Review, Development Review;

2. If the Engineering Reports are accepted and are satisfactory and should they identify any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

A. 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 Engineering Reports, to support the development, in a financially secured agreement, all to the satisfaction of the Director, Engineering Review, Development Review, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Director, Engineering Review, Development Review; or,

B. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Engineering Reports in 2.b.2(A) above are constructed and operational, all to the satisfaction of the Director, Engineering Review, Development Review;

3. Ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision, including requesting any additional conditions of approval that would be in the City's interest, in the event an appeal of the Official Plan and Zoning By-law Amendment application is allowed by the Ontario Land Tribunal, in whole or in part.