Item - 2026.CC41.15

 City Council on May 20 and 21, 2026, adopted the following:

1. City Council delete the recommendations in the report (May 8, 2026) from the City Solicitor.

2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to motion 1.

3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to motion 1.

4. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the report (May 8, 2026) from the City Solicitor remain confidential as they are about litigation before the Ontario Land Tribunal and contain advice or communications that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to motion 1 are now public as follows:

1. City Council refuse the without prejudice offer to settle dated May 4, 2026, set out in Confidential Appendix A to the report (May 8, 2026) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in opposition of the settlement and the proposed development at 2351-2355 Keele Street.

2. City Council authorize the City Solicitor to retain external consultants to provide expert opinion evidence in support of City Council’s refusal of the request to amend the Zoning By-law 569-2013 and City of North York By-law 7625 to permit the proposed development at 2351-2355 Keele Street.

3. City Council authorize the City Solicitor to take all necessary and reasonable actions to implement City Council's decision.

4. City Council direct the City Solicitor to request that, should the Ontario Land Tribunal allow the appeal in whole or in part, the Final Order of the Ontario Land Tribunal be withheld pending the completion of the following:

a. the final form and content of the proposed Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. the owner has addressed all outstanding issues identified within the Development Engineering correspondence, dated November 30, 2022, August 12, 2024, and December 8, 2025, to the satisfaction of the Director, Engineering Review, Development Review;

c. the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Director, Engineering Review, Development Review, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;

d. the owner has made satisfactory arrangements with the Director, Engineering Review, Development Review and entered into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing and Stormwater Management Report accepted by the Director, Engineering Review, Development Review;

e. the owner has submitted an acceptable Land Use Compatibility Study, Air Quality Study and Noise Impact Study and such reports to be peer reviewed by a third-party consultant on behalf of the City and at the owner's expense, with recommendations to be implemented as part of the Zoning By-law and secured in a Site Plan Agreement, to the satisfaction of the Executive Director, Development Review;

f. the owner has addressed and accommodated the required road improvement and queue jump lane, noted in Toronto Transit Commission correspondence, dated December 15, 2025, September 26, 2024 and January 23, 2023 to the satisfaction of the General Manager, Transportation Services and the Manager, Toronto Transit Commission;

g. the owner is required to enter into an Easement Agreement with respect to the shared right-of-way/easement for vehicular and pedestrian access purposes to the subject site (the access from Keele Street) and executed between the owners of the subject site and adjacent neighbouring properties in order to gain access to the proposed subject site; the owner is advised that a copy of the Easement Agreement, which demonstrates appropriate right-of-way/easement that have been secured to provide vehicular and pedestrian access to the subject site, must be provided to the satisfaction of the General Manager, Transportation Services;

h. the owner has provided a revised Pedestrian Level Wind Study including a revised Wind Tunnel test 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;

i. the owner has submitted a revised Parking Study, a revised Loading Study, a revised Traffic Operations Assessment, and a revised Transportation Impact Study, to the satisfaction of Transportation Review;

j. the owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated December 2, 2022, August 1, 2024, and December 9, 2025, including the need for an updated Arborist Report, Landscape Plan, Planting Plan and Soil Volume Plan, to the satisfaction of the General Manager, Tree Protection and Plan Review;

k. the owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review; and

l. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and/or the Transportation Impact Study, a Holding Provision may be included in the final form of the site-specific Zoning By-law Amendment and the Holding Provision not to be lifted until such a time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Director, Engineering Review, Development Review and the General Manager, Transportation Services.

Confidential Attachment 1 and Confidential Appendix A to the report (May 8, 2026) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they are about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.