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Toronto City Council · 2025-12-16 · 2025.CC35.9

The filed record

4875 Dundas Street West - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2025-12-16 · Toronto City Council · adopted

As filed

City Council on December 16 and 17, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 2, 2025) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 2, 2025) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 2, 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 (December 2, 2025) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice settlement offer dated November 28, 2025, set out in Public Appendices A and B to the report (December 2, 2025) from the City Solicitor (the architectural plans and drawings) (together the "Settlement Offer"), 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 Order on the Zoning By-law Amendment and the Official Plan Amendment applications until the City Solicitor has advised that: a. the final form and content of the Zoning By-law Amendment and the Official Plan Amendment are satisfactory to the Executive Director, Development Review and the City Solicitor, in consultation with other appropriate divisions; b. the Owner has, at its sole cost and expense: i. submitted a revised Transportation Impact Study, inclusive of a vehicle maneuvering diagram, acceptable to, and to the satisfaction of the General Manager, Transportation Services; ii. provided a revised Public Utility Plan, including Quality Level A data, to determine and confirm the location of utilities and tree planting to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Environment, Climate and Forestry; iii. provided a Soil Volume Plan, a Landscape Plan, showing street trees, and section drawings to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Environment, Climate and Forestry; iv. addressed all outstanding issues raised by the Executive Director, Environment, Climate and Forestry, in their memorandum dated September 5, 2024, as they relate to the application, including submitting an application to Injure or Remove Trees, and as it relates to tree planting, to the satisfaction of the Executive Director, Environment, Climate and Forestry; v. submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Director, Engineering Review, Development Review, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services; 1. if the accepted Functional Servicing and Stormwater Management Report requires any new municipal infrastructure or upgrades to the existing municipal infrastructure to support the development, then either: a. the owner has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financial secured agreement, all to the satisfaction of the Director, Engineering Review, Development Review; or b. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report are constructed and operational, all to the satisfaction to the Director, Engineering Review, Development Review. vi. addressed all outstanding issues raised by Development Engineering in the memorandum, dated September 17, 2024, and revised on October 29, 2024, to the satisfaction of the Director, Engineering Review, Development Review; vii. submitted a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, that identifies any required mitigation measures to be implemented and secured through the zoning by-law and/or site plan control process to resolve wind safety exceedances and to improve pedestrian comfort, all to the satisfaction of the Executive Director, Development Review and the Chief Planner and Executive Director, City Planning; and viii. provided a revised Compatibility and Mitigation Study, Air Quality, Dust, Odour, Noise and Vibration study to the satisfaction of the Executive Director, Development Review. c. City Council has approved the Rental Housing Demolition Application (24 143880 WET 03 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the 56 existing rental dwelling units on the lands, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision, including: i. replacement of the existing 56 rental housing units, including the same number of units, bedroom type and size and with similar rents; and ii. an acceptable Tenant Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (December 2, 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 (December 2, 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 7, 2024, Zoning By-law Amendment, and Official Plan Amendment applications (the "Applications") were submitted to the City for the property at 4875 Dundas Street West (the "Site") to permit the construction of a 45-storey mixed-use building containing 488 residential units, of which 56 are rental replacement units, and 461 square metres of at-grade retail uses. On January 13, 2025, the applicant appealed City Council's decision to refuse the Applications to the Ontario Land Tribunal.

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On November 28, 2025, the City Solicitor received a "with prejudice", not confidential, settlement offer, consisting of the correspondence attached to this report as Public Appendix A and the architectural plans and drawings attached to this report as Public Appendix B (the "Settlement Offer"), which propose to modify the Applications. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing scheduled for April 13 to 24, 2026. The Settlement Offer is open until the end of the City Council meeting commencing on December 16, 2025, at which point it will be withdrawn. Given the deadline for the Settlement Offer, this matter is urgent and cannot 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 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential

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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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