The filed record
2346 Yonge Street - Ontario Land Tribunal Hearing - Request for Directions
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The decision
2025-06-25 · Toronto City Council · adopted
As filed
City Council on June 25 and 26, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 16, 2025) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (June 16, 2025) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 16, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
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The confidential instructions to staff in Confidential Attachment 1 to the report (June 16, 2025) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated June 13, 2025 set out in Confidential Appendices A and B to the report (June 16, 2025) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order until the City Solicitor has advised that: a. the final form and content of the draft Official Plan Amendment and Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Executive Director, Development Review; b. if required, provisions for a holding by-law pursuant to Section 36 of the Planning Act are included in the Zoning By-law Amendment regarding the provision of an acceptable sanitary system solution constructed and operational as determined by the Director, Engineering Review which may include the applicant obtaining Ministry of the Environment, Conservation and Parks Environmental Compliance Approval and upgrading the existing municipal infrastructure off site; c. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated September 24, 2024, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services and the Director, Engineering Review; d. the owner satisfactorily addressing matters from the Urban Forestry memorandum dated September 20, 2024, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of Urban Forestry; e. the owner submitting to the Director, Engineering Review for review and acceptance, prior to approval of the Zoning By-law Amendment, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from the proposed development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; f. the owner shall make satisfactory arrangements and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the proposed development, according to the Functional Servicing Report accepted by the Director, Engineering Review; g. in the agreement(s) referred to in Part 2.f. above, the owner will agree that prior to the issuance of any final permit(s) for the construction of any required off-site improvements, the owner will provide financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report to support the development, all to the satisfaction of the Director, Engineering Review, where it has been determined that improvements or upgrades are required to support the development; in requiring any off site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with the City for work on the City's Right-of-Way; h. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; i. the owner has submitted an updated Pedestrian Level Wind Study, and where necessary incorporating any required mitigation measures in the Zoning By-law Amendment or otherwise implemented at Site Plan Control, to the satisfaction of the Executive Director, Development Review; j. the owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review; and k. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (June 16, 2025) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (June 16, 2025) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (June 16, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.
On the agenda
As the city filed it
On May 13, 2024, the applicant submitted applications to the City for an Official Plan Amendment and Zoning By-law Amendment to permit the development of a 56-storey mixed-use building containing 407 dwelling units and 272.2 square metres of commercial space at grade located at 2346 Yonge Street. At the December 17, 2024 meeting of City Council, Council adopted City Staff's recommendation to refuse the applications and to authorize City Staff to use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the applications.
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On January 10, 2025, the applicant appealed City Council's refusal of the applications to the Ontario Land Tribunal. The Ontario Land Tribunal held the first Case Management Conference on April 8, 2025. A three-week hearing has been scheduled to commence on October 6, 2025. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing and following negotiations with the applicant. For reasons set out in Confidential Attachment 1, this matter is urgent and should not be deferred.
Staff recommended
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 and Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor, if adopted by City Council. 3. City Council direct
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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 the record
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