The filed record
5220 Yonge Street - Amendment of Section 37 Planning Act Agreement - by Councillor Lily Cheng, seconded by Councillor Jamaal Myers
The Public Gallery wrote no story on this item. What follows is the city’s own record of what happened to it, as filed: nothing on this page is summarised or scored by us.
The decision
2024-10-09 · Toronto City Council · adopted
As filed
City Council on October 9 and 10, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to Member Motion MM22.37. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to Member Motion MM22.37.   3. City Council direct that the balance of Confidential Attachment 1 to Member Motion MM22.37 remain confidential at the discretion of the City Solicitor, as it pertains to litigation that affects the City.
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The confidential instructions to staff in Confidential Attachment 1 to Member Motion MM22.37 were adopted by City Council and are now public as follows: 1. City Council authorize an amendment to the existing Section 37 Agreement, related to the development at 5220 Yonge St. (the "Development"), satisfactory to the Director, Community Planning, in consultation with the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor to amend the terms related to the social facility space which would allow the City to approve the residential condominium (City File 23 196767 NNY 18 CD) (the "Condominium") for the Development prior to complete finishing and fit up of the Social Facility Space, which is defined below, on the following terms: a. G Group 5200 Yonge Street Ltd. (the "Developer") shall provide such further letters of credit, or other security in an amount and form acceptable to Corporate Real Estate Management, which shall not be less than $3.5 Million (which includes contingency and City's administration fee), to secure the proper finishing and fit up of the Social Facility Space; and b. the Developer shall enter into such further agreements as the City Solicitor, in consultation with the Executive Director, Corporate Real Estate Management and the Director, Community Planning, consider to be necessary and appropriate to protect the City's interests. 2. City Council request the Executive Director, Corporate Real Estate Management to consult with the Ward Councillor regarding Finishing Plans of the Social Facility Space, as appropriate, and authorize the necessary amendments to the existing Section 37 Agreement, and the applicant consult with the Ward Councillor regarding the design with respect to the outdoor courtyard area. 3. City Council request the Director, Community Planning to amend the Notice of Decisions dated May 9, 2024 for Draft Plan of standard Condominium Application 23 196769 NNY 18 CD and 23 196812 NNY 18 CD to include a condition which requires that the Developer shall fully finish, to the City's satisfaction, the Social Facility Space prior to registration of said condominiums. The balance of Confidential Attachment 1 to Member Motion MM22.37 remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation that affects the City. The balance of Confidential Attachment 1 to Member Motion MM22.37 will be made public at the discretion of the City Solicitor.
On the agenda
As the city filed it
On July 16, 2013, City Council adopted Item NY25.42, which amended the Official Plan and Zoning By-law for the lands at 5182-5192, 5200 and 5218 Yonge Street to permit the development of mixed used commercial and residential development. As a condition of the density permitted by the Zoning By-law Amendment, the owner had agreed to provide certain facilities, services or matters as permitted under Section 37 of the Planning Act.
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A copy of that decision is available here: Agenda Item History - 2013.NY25.42 (toronto.ca) A Section 37 Agreement was registered on title to the property at issue municipally known as 5220 - 5254 Yonge Street (the "Property") on February 5, 2015. An Amending Agreement was entered into and registered on title on November 19, 2021 authorized by MM35.50, adopted by City Council on July 14, 15 and 16, 2021. A copy of that decision is available here: Agenda Item History - 2021.MM35.50 (toronto.ca) This motion requests instructions from City Council related to the Section 37 Agreement applicable to the Property. This motion is urgent as it relates to potential litigation for which action is required before the next meeting of City Council.
Staff recommended
Councillor Lily Cheng, seconded by Councillor Jamaal Myers, recommends that 1. City Council adopt the confidential instructions to staff contained in the Confidential Attachment 1 to this motion. 2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 to this motion, if adopted by City Council.   3. City Council direct that all other information
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contained in Confidential Attachment 1 to this motion is to remain confidential at the discretion of the City Solicitor, as it relates to litigation which affects the City.
On the record
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