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Toronto City Council · 2026-05-20 · 2026.CC41.9

The filed record

5051 to 5061 Yonge Street - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2026-05-20 · Toronto City Council · amended

As filed

City Council on May 20 and 21, 2026, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 5, 2026) from the City Solicitor, as amended by motion 1. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 5, 2026) from the City Solicitor, as amended by motion 1. 3.

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City Council direct that the balance of Confidential Attachment 1 to the report (May 5, 2026) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 5, 2026) from the City Solicitor, as amended by motion 1, were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice offer to settle dated April 23, 2026 set out in Attachment 1 to the report (May 5, 2026) from the City Solicitor and related Revised Plans set out in Attachment 2 to the report (May 5, 2026) from the City Solicitor (collectively, the "Revised 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 until the City Solicitor has advised that: a. the final form and content of proposed Official Plan and Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review and the City Solicitor; b. the owner has submitted a revised travel demand management plan acceptable to, and to the satisfaction of, the Executive Director, Development Review and the General Manager, Transportation Services; c. the owner has submitted an updated Pedestrian Level Wind Study - Wind Tunnel Study, including the identification of any required mitigation measures to be implemented and secured, to the satisfaction of the Executive Director, Development Review; d. the owner has submitted an updated Soil Volume Plan and Landscape Plan, to the satisfaction of the Executive Director, Environment, Climate and Forestry; e. the owner has made satisfactory arrangements with Engineering and Construction Services and entered 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 this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and f. in the event that the updated servicing reports identify necessary upgrades to the servicing or functional items, the owner has entered into a financially secured agreement(s) for the construction of any such improvements all to be completed at no cost to the City and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services or, alternatively, a holding provision may be required in the implementing zoning by-law amendment(s) to ensure the necessary infrastructure is in place before any development can proceed. 3. City Council authorize the City Solicitor to take all necessary and reasonable actions to implement City Council's decision. 4. City Council request the Mayor, as part of the 2027 Budget process, to allocate 100 percent of the Community Benefits Charges funds collected from the development at 5051 to 5061 Yonge Street to park improvements at Willowdale Park North located at 38 Empress Avenue in consultation with the local Councillor, through the annual budget process immediately following the payment of the funds to the City. The balance of Confidential Attachment 1 to the report (May 5, 2026) 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 (May 5, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On December 14, 2020, the City received Zoning By-law and Official Plan Amendment applications for 5051 to 5061 Yonge Street to permit the construction of a 42 storey (135 metres excluding mechanical penthouse) mixed-use building with non-residential uses on the first 6 storeys, and residential uses above, with a total of 350 units. On October 26, 2022, a revised application was submitted proposing a 39 storey (126 metres excluding mechanical penthouse) mixed use building with non-residential uses on the first two storeys, and residential uses above with a total of 365 units.

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The applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan and Zoning By-law Amendments, to the Ontario Land Tribunal on January 18, 2023. A ten-day Ontario Land Tribunal hearing was scheduled to commence on May 15, 2024, but was adjourned by the applicant so that further direction could be sought from City Council. On July 24, 2024, City Council adopted item DM20.1, accepting a settlement offer for the Site, which proposed a 55-Storey building with a tower floorplate of 766 square metres, containing 2,135 square metres of non-residential gross floor area. At that Council meeting, a further recommendation was added by way of motion to secure an in-kind CBC contribution consisting of an onsite community space of at least 604 square metres. The City Solicitor requires further directions on this matter, as it remains under appeal, and the applicant has proposed changes to its proposal.

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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