Item - 2026.EY28.1

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 250 The East Mall substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (December 18, 2025) from the Director, Community Planning, Etobicoke York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 250 The East Mall substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (December 18, 2025) from the Director, Community Planning, Etobicoke York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

4. City Council allow the owner to design, construct, finish, furnish, equip and convey to the City a non-profit licensed child care facility to the satisfaction of the Executive Director, Development Review, and the General Manager, Children's Services, as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. The child care facility will comprise a minimum interior space of 929 square metres located on the ground floor of Block 3;

b. A minimum of 349 square metres of outdoor space located adjacent to the indoor area;

c. The child care facility shall be designed, constructed and delivered in accordance with the Child Care Early Years Act, 2014 and the City of Toronto Child Care Design and Technical Guideline R1 (2016) and Child Care Development Guideline, 2021, including any amendments;

d. The completed child care facility will be conveyed to the City in first phase of the development; and

e. Prior to the issuance of the first above grade building permit for the first building on the lands, the owner shall provide to the City a letter of credit to secure the child care facility in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the child care facility complying with the specifications and requirements of the In-kind Contribution Agreement, to the satisfaction of the General Manager, Children's Services, and the Chief Financial Officer.

5. City Council allow the owner to design, construct, commission, finish and convey to the City a community agency space facility to the satisfaction of the Executive Director, Social Development, Executive Director, Corporate Real Estate Management, and the Executive Director, Development Review as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. The Community Agency Space will be comprised of a minimum 465 square metres of gross floor area as measured from the interior walls, located on the ground floor of Block 8;

b. The completed Community Agency Space will be conveyed to the City in Phase 4 of the development;

c. The Community Agency Space shall be conveyed to the City prior to the earlier of any condominium registration for any part of the development on Block 8 and any residential occupancy of Block 8;

d. The Community Agency Space shall be conveyed to the City, in accordance with the City’s Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the In-kind Contribution Agreement, to the satisfaction of the Executive Director, Social Development, the Executive Director, Development Review, the Executive Director, Corporate Real Estate Management, and the City Solicitor;

e. Where required, concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space, all to the satisfaction of the Executive Director, Social Development, the Executive Director, Corporate Real Estate Management, and the City Solicitor; and

f. Prior to the issuance of the first above grade building permit for the building in which the community agency space is located, the owner shall provide to the City a letter of credit to secure the community agency space in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction, commissioning, finishing and handover of the community agency space complying with the specifications and requirements of the In-kind Contribution Agreement, to the satisfaction of the Executive Director, Social Development and the Chief Financial Officer and Treasurer.

6. City Council authorize the Executive Director, Development Review to enter into an Agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 4 and 5 above to the satisfaction of the Executive Director, Development Review, and the City Solicitor, in consultation with the General Manager, Children's Services and the Executive Director, Social Development, with such agreement to be registered on title to the Site and such agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

7. City Council attribute a value to the In-kind contributions set out in Recommendations  4 and 5 above, equal to 100 percent of four (4) percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the first building permit is issued in respect of the development.

8. City Council approve that in accordance with Section 42 of the Planning Act, the owner shall convey to the City an on-site parkland dedication consisting of Park Block A (5,550 square metres), Park Block B (5,375 square metres), and Park Block C (3,389 square metres), to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor, and subject to the following:

a. Prior to the issuance of the first above grade permit for the second building in Phase 1 (being Block 1, Block 2 and Block 3), the owner shall convey Park Block A, having a minimum size of 5,550 square metres to the City, as generally shown in Diagram 3 of the draft Zoning By-law, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor;

b. Prior to the issuance of the first above grade building permit for the second   building in Phase 3 (Block 5 and Block 6) and no later than three years after the issuance of the first above grade building permit for the first building in Phase 3 (Block 5 and Block 6), whichever comes first, the owner shall convey Park Block B having a minimum size of 5,375 square metres to the City, as generally shown on Diagram 3 of the draft Zoning By-law, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor; and

c. Prior to the issuance of the first above grade permit for the second building in Phase 4 (Being Block 7, Block 8 and Block 9), the owner shall convey a portion of Park Block C having a minimum size of 3,389 square metres to the City, as generally shown on Diagram 3 of the draft Zoning By-law, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor.

9. City Council require the owner to post Financial Security in the amount of the value of the parkland owed for each building where no parkland is being conveyed or has not yet been conveyed, as appraised by the Executive Director, Corporate and Real Estate Management in the form of a Letter of Credit and such security shall not be released until the parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks and Recreation; the Financial Security shall be paid in a form satisfactory to the City, and from the date the Financial Security is first paid to the City to such time as the parkland is conveyed to the City, be indexed annually in accordance with the appropriate Statistics Canada index to the satisfaction of the General Manager, Parks and Recreation, in accordance with the following terms:

a. Prior to the issuance of any above grade building permit(s) for Phase 1 (being Block 1, Block 2 and Block 3), including any conditional above-grade building permits, the owner shall post Financial Security in the amount of the value of the parkland owed for the first building in Phase 1 and such security shall not be released until Park Block A is conveyed in Phase 1 to the City in a manner satisfactory to the General Manager, Parks and Recreation;

b. Prior to the issuance of any above grade building permit(s) for Phase 2 (being Block 4), including any conditional above-grade building permits, the owner shall post Financial Security in the remaining amount of the value of the parkland owed for Phase 2 that was not captured as part of the Park Block A conveyance and such security shall not be released until Park Block B is conveyed in Phase 3 to the City in a manner satisfactory to the General Manager, Parks and Recreation;

c. Prior to the issuance of any above grade building permit(s) for Phase 3 (being Block 5 and Block 6), including any conditional above-grade building permits, the owner shall post Financial Security in the amount of the value of the parkland owed for the first building in Phase 3 and such security shall not be released until Park Block B is conveyed in Phase 3 to the City in a manner satisfactory to the General Manager, Parks and Recreation; and

d. Prior to the issuance of any above grade building permit(s) for Phase 4 (being Block 7, Block 8 and Block 9), including any conditional above-grade building permits, the owner shall post Financial Security in the amount of  the value of the parkland owed for the first building in Phase 4 and such security shall not be released until Park Block C is conveyed in Phase 4 to the City in a manner satisfactory to the General Manager, Parks and Recreation.

10. City Council approve the acceptance of on-site parkland dedications, subject to the owner transferring the parklands 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, Park & 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.

11. City Council require that prior to the registration of the Plan of Subdivision for any part of the lands and no later than the first building permit on the lands being issued, that the owner shall register a Section 118 Restriction, pursuant to the Land Titles Act against title to Park Block A, Park Block B and Park Block C to be conveyed to the City, that prohibits the transfer or charge of the park blocks without the prior written consent of the General Manager, Parks and Recreation, and with the registration of the Section 118 Restriction pursuant to the Land Titles Act to the satisfaction of the City Solicitor.

12. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner, if the owner elects to design and construct the 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.

13. City Council request the General Manager, Transportation Services, in consultation with the Executive Director, Corporate and Real Estate Management, the Executive Director, Development Review and the Director, Engineering Review, to review the proposed conveyance of new public roads which may encroach with below-grade connections to a proposed below-grade parking structure in each block that forms part of the development at 250 The East Mall and take the following steps:

a. Assess potentially acceptable terms and conditions for the potential conveyance of the new public roads, including requirements that each tunnel be constructed and maintained to an appropriate standard in accordance with City requirements and adhere to standard City terms around similar encroachments onto City highways and/or City property; and

b. Report back to Etobicoke York Community Council prior to approval of the Draft Plan of Subdivision with the assessment of the proposed conveyance and the terms and conditions staff have identified for the potential tunnel encroachments.

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 250 The East Mall substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (December 18, 2025) from the Director, Community Planning, Etobicoke York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 250 The East Mall substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (December 18, 2025) from the Director, Community Planning, Etobicoke York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

4. City Council allow the owner to design, construct, finish, furnish, equip and convey to the City a non-profit licensed child care facility to the satisfaction of the Executive Director, Development Review, and the General Manager, Children's Services, as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. The child care facility will comprise a minimum interior space of 929 square metres located on the ground floor of Block 3;

b. A minimum of 349 square metres of outdoor space located adjacent to the indoor area;

c. The child care facility shall be designed, constructed and delivered in accordance with the Child Care Early Years Act, 2014 and the City of Toronto Child Care Design and Technical Guideline R1 (2016) and Child Care Development Guideline, 2021, including any amendments;

d. The completed child care facility will be conveyed to the City in first phase of the development; and

e. Prior to the issuance of the first above grade building permit for the first building on the lands, the owner shall provide to the City a letter of credit to secure the child care facility in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the child care facility complying with the specifications and requirements of the In-kind Contribution Agreement, to the satisfaction of the General Manager, Children's Services, and the Chief Financial Officer.

5. City Council allow the owner to design, construct, commission, finish and convey to the City a community agency space facility to the satisfaction of the Executive Director, Social Development, Executive Director, Corporate Real Estate Management, and the Executive Director, Development Review as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. The Community Agency Space will be comprised of a minimum 465 square metres of gross floor area as measured from the interior walls, located on the ground floor of Block 8;

b. The completed Community Agency Space will be conveyed to the City in Phase 4 of the development;

c. The Community Agency Space shall be conveyed to the City prior to the earlier of any condominium registration for any part of the development on Block 8 and any residential occupancy of Block 8;

d. The Community Agency Space shall be conveyed to the City, in accordance with the City’s Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the In-kind Contribution Agreement, to the satisfaction of the Executive Director, Social Development, the Executive Director, Development Review, the Executive Director, Corporate Real Estate Management, and the City Solicitor;

e. Where required, concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space, all to the satisfaction of the Executive Director, Social Development, the Executive Director, Corporate Real Estate Management, and the City Solicitor; and

f. Prior to the issuance of the first above grade building permit for the building in which the community agency space is located, the owner shall provide to the City a letter of credit to secure the community agency space in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction, commissioning, finishing and handover of the community agency space complying with the specifications and requirements of the In-kind Contribution Agreement, to the satisfaction of the Executive Director, Social Development and the Chief Financial Officer and Treasurer.

6. City Council authorize the Executive Director, Development Review to enter into an Agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 4 and 5 above to the satisfaction of the Executive Director, Development Review, and the City Solicitor, in consultation with the General Manager, Children's Services and the Executive Director, Social Development, with such agreement to be registered on title to the Site and such agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

7. City Council attribute a value to the In-kind contributions set out in Recommendations  4 and 5 above, equal to 100 percent of four (4) percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the first building permit is issued in respect of the development.

8. City Council approve that in accordance with Section 42 of the Planning Act, the owner shall convey to the City an on-site parkland dedication consisting of Park Block A (5,550 square metres), Park Block B (5,375 square metres), and Park Block C (3,389 square metres), to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor, and subject to the following:

a. Prior to the issuance of the first above grade permit for the second building in Phase 1 (being Block 1, Block 2 and Block 3), the owner shall convey Park Block A, having a minimum size of 5,550 square metres to the City, as generally shown in Diagram 3 of the draft Zoning By-law, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor;

b. Prior to the issuance of the first above grade building permit for the second   building in Phase 3 (Block 5 and Block 6) and no later than three years after the issuance of the first above grade building permit for the first building in Phase 3 (Block 5 and Block 6), whichever comes first, the owner shall convey Park Block B having a minimum size of 5,375 square metres to the City, as generally shown on Diagram 3 of the draft Zoning By-law, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor; and

c. Prior to the issuance of the first above grade permit for the second building in Phase 4 (Being Block 7, Block 8 and Block 9), the owner shall convey a portion of Park Block C having a minimum size of 3,389 square metres to the City, as generally shown on Diagram 3 of the draft Zoning By-law, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor.

9. City Council require the owner to post Financial Security in the amount of the value of the parkland owed for each building where no parkland is being conveyed or has not yet been conveyed, as appraised by the Executive Director, Corporate and Real Estate Management in the form of a Letter of Credit and such security shall not be released until the parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks and Recreation; the Financial Security shall be paid in a form satisfactory to the City, and from the date the Financial Security is first paid to the City to such time as the parkland is conveyed to the City, be indexed annually in accordance with the appropriate Statistics Canada index to the satisfaction of the General Manager, Parks and Recreation, in accordance with the following terms:

a. Prior to the issuance of any above grade building permit(s) for Phase 1 (being Block 1, Block 2 and Block 3), including any conditional above-grade building permits, the owner shall post Financial Security in the amount of the value of the parkland owed for the first building in Phase 1 and such security shall not be released until Park Block A is conveyed in Phase 1 to the City in a manner satisfactory to the General Manager, Parks and Recreation;

b. Prior to the issuance of any above grade building permit(s) for Phase 2 (being Block 4), including any conditional above-grade building permits, the owner shall post Financial Security in the remaining amount of the value of the parkland owed for Phase 2 that was not captured as part of the Park Block A conveyance and such security shall not be released until Park Block B is conveyed in Phase 3 to the City in a manner satisfactory to the General Manager, Parks and Recreation;

c. Prior to the issuance of any above grade building permit(s) for Phase 3 (being Block 5 and Block 6), including any conditional above-grade building permits, the owner shall post Financial Security in the amount of the value of the parkland owed for the first building in Phase 3 and such security shall not be released until Park Block B is conveyed in Phase 3 to the City in a manner satisfactory to the General Manager, Parks and Recreation; and

d. Prior to the issuance of any above grade building permit(s) for Phase 4 (being Block 7, Block 8 and Block 9), including any conditional above-grade building permits, the owner shall post Financial Security in the amount of  the value of the parkland owed for the first building in Phase 4 and such security shall not be released until Park Block C is conveyed in Phase 4 to the City in a manner satisfactory to the General Manager, Parks and Recreation.

10. City Council approve the acceptance of on-site parkland dedications, subject to the owner transferring the parklands 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, Park & 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.

11. City Council require that prior to the registration of the Plan of Subdivision for any part of the lands and no later than the first building permit on the lands being issued, that the owner shall register a Section 118 Restriction, pursuant to the Land Titles Act against title to Park Block A, Park Block B and Park Block C to be conveyed to the City, that prohibits the transfer or charge of the park blocks without the prior written consent of the General Manager, Parks and Recreation, and with the registration of the Section 118 Restriction pursuant to the Land Titles Act to the satisfaction of the City Solicitor.

12. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner, if the owner elects to design and construct the 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.

13. City Council request the General Manager, Transportation Services, in consultation with the Executive Director, Corporate and Real Estate Management, the Executive Director, Development Review and the Director, Engineering Review, to review the proposed conveyance of new public roads which may encroach with below-grade connections to a proposed below-grade parking structure in each block that forms part of the development at 250 The East Mall and take the following steps:

a. Assess potentially acceptable terms and conditions for the potential conveyance of the new public roads, including requirements that each tunnel be constructed and maintained to an appropriate standard in accordance with City requirements and adhere to standard City terms around similar encroachments onto City highways and/or City property; and

b. Report back to Etobicoke York Community Council prior to approval of the Draft Plan of Subdivision with the assessment of the proposed conveyance and the terms and conditions staff have identified for the potential tunnel encroachments.

The Etobicoke York Community Council held a statutory public meeting on January 6, 2026 and notice was given in accordance with the Planning Act.

This report recommends approval of an application to amend the Official Plan and Zoning By-law to permit a multi-phased, mixed-use development at 250 The East Mall (currently occupied by Cloverdale Mall). Phasing of the development would allow for the continuous operation of portions of the mall, including the grocery store, during construction. Key elements of the proposal are listed below.

- A total of 9 development blocks with 10 tall buildings ranging in height from 25 to 41 storeys (84.6 metres to 135.4 metres), 5 mid-rise buildings ranging in height from 6 to 12 storeys (23.6 metres to 43.5 metres), and a total of approximately 5,536 residential units in 4 phases of development.

- A child care facility with a minimum interior space of 929 square metres, and an associated outdoor play area of 349 square metres, to be built, furnished and conveyed to the City in Phase 1 of the development, to be secured as an in-kind community benefit.

- A community agency space with a minimum size of 465 square metres located on the ground floor of Block 8, to be built and conveyed to the City in Phase 4.

- Two new public parks that are comprised of 3 park blocks, with approximate areas of 5,550 square metres for Park 1 (Park Block A) and 8,764 square metres for Park 2 consisting of 5,375 square metres for Park Block B and 3,389 square metres  for Park Block C. Park Block A would be conveyed to the City in Phase 1 of the development, Park Block B would be conveyed in Phase 3, and Park Block C would be conveyed in Phase 4.

- The parks would be complemented by additional public realm elements including 2 privately owned publicly-accessible open spaces (POPS) within the northern and southeastern portions of the site, and 2 pedestrian mid-block connections from Dundas Street West to the Retail Main Square in Block 7 and to Street A.

- Three new pedestrian-oriented streets - Public Street A, Public Street B, and Public Street C (Retail Main Street), with Street A connecting the site with the East Mall on the east and Dundas Street West on the south, Street B connecting different parts of Street A, and Street C connecting Street A with The East Mall Crescent on the east.  Integrated bike lanes are planned within Street A, and Street C would focus on retail.

- Connections to the existing and future regional transit network including Highway 427 adjacent to the site on the west, providing important north-south connections to Highway 401 and The Gardiner Expressway.

- Phase 1 of the development would consist of Blocks 1, 2, and 3, and Streets A1 and B1 (as generally shown on Diagram 3 of the draft Zoning By-law) to provide servicing, frontage and access to the development blocks.

- Phase 2 would consist of Block 4 and Street B2 (as generally shown on Diagram 3 of the draft Zoning By-law) to provide access and servicing for Block 4.

- Phase 3 would consist of Blocks 5 and 6, Street A (Street A2) and Street B (Street B3), and Street C (as generally shown on Diagram 3 of the draft Zoning By-law) to provide frontage, servicing and access to the development blocks.

- Phase 4 would consist of Blocks 7, 8, and 9 which are serviced from Street C (as generally shown on Diagram 3 of the draft Zoning By-law).

- The proposed phasing of the development would allow for the continuous operation of portions of the mall (including the grocery store) during construction.

A Draft Plan of Subdivision application has been submitted to create the necessary development blocks, park blocks, streets and open spaces to support the proposed development and secure the proposed phasing plan.