Item - 2026.CC41.9

The City Solicitor recommends that:

1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council.

3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On December 14, 2020, the City received Zoning By-law and Official Plan Amendment applications for 5051 to 5061 Yonge Street to permit the construction of a 42 storey (135 metres excluding mechanical penthouse) mixed-use building with non-residential uses on the first 6 storeys, and residential uses above, with a total of 350 units. On October 26, 2022, a revised application was submitted proposing a 39 storey (126 metres excluding mechanical penthouse) mixed use building with non-residential uses on the first two storeys, and residential uses above with a total of 365 units.

The applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan and Zoning By-law Amendments, to the Ontario Land Tribunal on January 18, 2023. A ten-day Ontario Land Tribunal hearing was scheduled to commence on May 15, 2024, but was adjourned by the applicant so that further direction could be sought from City Council.

On July 24, 2024, City Council adopted item DM20.1, accepting a settlement offer for the Site, which proposed a 55-Storey building with a tower floorplate of 766 square metres, containing 2,135 square metres of non-residential gross floor area. At that Council meeting, a further recommendation was added by way of motion to secure an in-kind CBC contribution consisting of an onsite community space of at least 604 square metres. The City Solicitor requires further directions on this matter, as it remains under appeal, and the applicant has proposed changes to its proposal.