Item - 2026.TE34.27

City Council on July 29 and 30, 2026, adopted the following:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands municipally known as 835-839 Yonge Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the revised report (June 29, 2026) from the Acting Director, Community Planning Toronto and East York District.

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

3. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 835-839 Yonge Street from Permit Parking.

4. City Council request the owner to make reasonable commercial efforts to identify, in consultation with the Executive Director, Development Review, a suitable off-site parkland dedication as a substitution for an on-site parkland dedication that:

a. is accessible to the area where the subject site is located;

b. is a good physical substitute for any on-site parkland dedication;

c. is free and clear, above and below grade, of all easements, encumbrances, and encroachments;

d. is in an acceptable environmental condition; and

e. the value of the off-site dedication shall not exceed the estimated value of the on-site dedication that would otherwise be required, which value may include the cost of acquiring the land, land transfer tax, typical closing cost and reasonable real estate commissions of up to 5 percent, all to the satisfaction of the Executive Director, Development Review.

5. Should the Executive Director, Development Review, and the owner agree to a property as a substitution for an on-site dedication, City Council accept the off-site parkland dedication, in full or partial fulfilment of the parkland dedication requirements, pursuant to Section 42 of the Planning Act, with conveyance to the City to occur prior to the issuance of the first above grade building permit in accordance with the following:

a. in the event the value of the off-site parkland dedication is less than the value of an on-site parkland dedication, the owner shall provide a cash-in-lieu payment for the shortfall in parkland dedication in accordance with Article III of Toronto Municipal Code Chapter 415, Development of Land; and

b. in the event the owner is unable to provide a substituted off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through a cash-in-lieu of parkland payment prior to the issuance of first above grade building permit in accordance with Article III of Toronto Municipal Code Chapter 415, Development of Land, all to the satisfaction of the Executive Director, Development Review and the City Solicitor.

6. Should the off-site parkland dedication be accepted by the Executive Director, Development Review, 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 of 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.

7. City Council request the Executive Director, Development Review to consider securing the following as part of the site plan agreement, as per the applicant’s written commitments in their letter of July 24, 2026:

a. low-carbon energy strategy that includes at least the following sustainability measures:

1. a highly energy-efficient building with a high-quality building envelope and low carbon building heating and cooling;

2. reasonable efforts to evaluate the integration of a geothermal system on site;

3. reasonable efforts to achieve a carbon payback period of 10 years or less on a per unit basis; and

4. electric-only appliances in the residential units; 

b. outdoor seating close to the public right-of-way for public use;

c.  best efforts to install an outdoor, publicly accessible source of drinking water; 

d. short-term bicycle parking spaces along Yonge Street; 

e. appropriate heritage commemoration of the site’s history and architecture; 

f. noise mitigation on the east face of the podium to minimize subway noise reflection onto the Arbour Glen Apartments;

g. noise monitoring during construction to confirm the effectiveness of such noise mitigation;

h. accommodation for a large growth tree at the Privately-Owned Publicly Accessible Space with a commitment to ensuring the tree’s long-term health regardless of maintenance needs for the below-ground parking infrastructure; and

i. adequate soil volume for full size trees and planters along Yonge Street and the public realm adjacent to the site.

8. City Council request the Executive Director, Development Review to consult with Arbour Glen Apartments and with the ABCRA and GYRA residents' associations during review of the Site Plan application for 835-839 Yonge Street, and to provide them with opportunities to comment on its proposed architectural, landscape, public realm, traffic and pedestrian-related details.