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Toronto City Council · 2025-03-26 · 2025.DM28.2

The filed record

Parkland obligations at 25 Fisherville Road - by Councillor James Pasternak, seconded by Councillor Mike Colle

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

2025-03-26 · Toronto City Council · amended

As filed

City Council on March 26 and 27, 2025, adopted the following: 1. City Council direct that the lands to be used for future public park and a future public street being secured as part of the development of 25 Fisherville Road, 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation and the General Manager, Transportation Services.

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2. City Council direct that any consideration to be paid by the owners of the lands known as 25 Fisherville Road, 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road for the use of the future public park and a future public street in accordance with Part 1 above be nominal. 3. City Council approve the acceptance of the on-site parkland dedications referred to in Part 1 above subject to the owners transferring their respective parkland contributions to the City to the City in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments; and the Owner may propose the exception of encumbrances of tiebacks, if any, where such encroachments are deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management. 4. City Council authorize the General Manager, Parks and Recreation to enter into the City's standard form agreements, with insurance, release and indemnity and associated compensation to the City (in an amount as determined by the General Manager, Parks and Recreation, and the Executive Director, Corporate Real Estate Management) and in favor of the City, for construction staging, tieback installations and/or crane swings in respect of the future public park, if deemed appropriate by the General Manager, Parks and Recreation. 5. City Council authorize the General Manager, Transportation Services to enter into the City's standard form agreements, with insurance, release and indemnity and associated compensation to the City (in an amount as determined by the General Manager, Parks and Recreation, and the Executive Director, Corporate Real Estate Management) and in favor of the City, for construction access in respect of the future public street, if deemed appropriate by the General Manager, Transportation Services. 6. City Council authorize and direct the necessary City staff to implement the directions of City Council as set out above.

On the agenda

As the city filed it

In a decision issued May 13, 2021, the Ontario Land Tribunal approved a settlement in principle regarding the proposed redevelopment of the lands known municipally as 25 Fisherville Road. A final order issued on July 29, 2022, resulting in Zoning By-law Amendment 335-2024. Among other matters, this redevelopment (and two adjacent approvals) will result in the provision of new rental housing, a new public road and new public parkland.

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The various landowners are working collaboratively with the City to ensuring delivery of the new public road in a timely manner such that construction of the new rental housing can commence in 2025. The ultimate construction of the new public road will also include a new signalized intersection at Bathurst Street. Chapter 415 of the Toronto Municipal Code currently provides for conveyance of the new parkland to occur at the first above-grade building permit for redevelopment of the site. However, this timing would also require the new road to be open to the public, even though construction of the new public road, including the new signalized intersection, may not be complete prior conveyance of the public park into City ownership. Further, the lands to be conveyed as parkland may be required for construction of the new rental housing on the site. To facilitate construction of the new public road and expedite the development of much-needed new rental housing, the motion authorizes the parkland to be conveyed within thirty-six (36) months following issuance of the first above-grade building permit for the development. This approach will enable the new road to be available to the public and allow efficient construction of much-needed rental housing in the City.

Staff recommended

Councillor James Pasternak, seconded by Councillor Mike Colle, recommends that: 1. Notwithstanding Toronto Municipal Code Chapter 415, Development of Land, Section 28, Timing of conveyance or payment, City Council authorize that the conveyance of the on-site parkland (required parkland dedication of 397 square metres and parkland over-dedication of 133 square metres) in respect of the redevelopment of the lands known

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municipally as 25 Fisherville Road occur within thirty-six (36) months of the first above-grade building permit for the development.

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