Item - 2026.MM40.44

City Council on April 22 and 23, 2026, adopted the following:

1. City Council authorize the City Solicitor to retain external land use planning consultants to attend the Ontario Land Tribunal hearing in respect of 4949 Bathurst Street to provide opinion evidence in support of City Council’s adoption of the Zoning By-law Amendment for the subject property.

2. City Council direct the City Solicitor and the Executive Director, Development Review and their designates to continue negotiations with the Appellant of the Ontario Land Tribunal appeal of 4949 Bathurst Street in respect of the maximum height/number of storeys, minimum non-residential gross floor area, and minimum number of visitor, residential and commercial parking spaces, among other matters, in an attempt to resolve the appeal prior to the hearing.

3. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to Member Motion MM40.44.

4. City Council direct that Confidential Attachment 1 to Member Motion MM40.44 remain confidential at the discretion of the City Solicitor, as it pertains to ongoing litigation before the Ontario Land Tribunal.

Confidential Attachment 1 to Member Motion MM40.44 remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to ongoing litigation before the Ontario Land Tribunal. Confidential Attachment 1 to Member Motion MM40.44 will be made public at the discretion of the City Solicitor.

April 30, 2026

The confidential instructions to staff in Confidential Attachment 1 to Member Motion MM40.44 are now public, the City Solicitor having exercised the City Solicitor’s discretion to make them public, as follows:

1. City Council direct the City Solicitor, in consultation with the Executive Director, Development Review and their designates, to settle the appeal of the Zoning By-law Amendment for the lands known as 4949 Bathurst Street provided that prior to the hearing before the Ontario Land Tribunal, the Appellant agrees in writing addressed to the City Solicitor that the Zoning By-law Amendment to be presented to the Ontario Land Tribunal on consent of the parties will be in substantial accordance with the architectural plans dated April 16, 2026, on file with the Ontario Land Tribunal as of April 17, 2026, save and except the following to be included in the Zoning By-law Amendment:

a. maximum number of storeys of no more than 36 and a maximum height of a building or structure of 122.5 metres, excluding projections;

b. a minimum non-residential GFA no less than 2500 square metres, inclusive, of which no less than 250 square metres is allocated to a private daycare; and

c. the minimum number of parking spaces provided on site will be no less than:

i. 90 residential parking spaces;

ii. 20 visitor parking spaces; and

iii. 50 commercial parking spaces.

2. City Council authorize the Executive Director, Development Review and their designates to continue to explore opportunities with the Appellant for an in-kind contribution pursuant to section 37 of the Planning Act (Community Benefit), and report back to City Council to secure instructions in respect of the details of any in-kind contributions which may be offered to the City by the Appellant.

3. City Council authorize the City Solicitor, in consultation with the Executive Director, Development Review and their designates, to support a settlement reflective of the principles in Part 1 above before the Ontario Land Tribunal, modified as necessary in the opinion of such Officials to reflect the intent of these instructions and to finalize all elements of a settlement, including the planning instruments.