Item - 2025.CC29.8

Tracking Status

  • City Council adopted this item on April 23 and 24, 2025 without amendments and without debate.

CC29.8 - 4151 to 4155 Sheppard Avenue East and 5 Lamont Avenue - Ontario Land Tribunal Hearing - Request for Directions

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
22 - Scarborough - Agincourt

City Council Decision

City Council on April 23 and 24, 2025, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 9, 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, B and C to the report (April 9, 2025) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 9, 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.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (April 9, 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 from Goodmans LLP dated April 7, 2025 set out in Confidential Appendix A to the report (April 9, 2025) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribuna 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 the Official Plan Amendment and Zoning By-Law Amendment are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

 

b. the Owner has submitted an acceptable revised Landscape and Planting Plans, including a soil volume plan to meet TGS version 4 requirements, to the satisfaction of the Executive Director, Environment and Climate and the Executive Director, Development Review;

 

c. the Owner has submitted an acceptable revised Pedestrian Level Wind Study, including a revised wind tunnel study with the identification of any required mitigation measures to be secured in the Zoning By-law amendment and through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review;

 

d. the Owner has addressed all outstanding issues raised by Engineering and Construction Services and Transportation Services as they relate to the Official Plan Amendment and Zoning By-law Amendment application as set out in their memorandum dated January 3, 2024, or as may be updated in response to further submission(s) filed by the Applicant, to the satisfaction of the Executive Director, Development Review, the General Manager, Transportation Services and the Executive Director, Engineering and Construction Services;

 

e. the Owner has submitted a Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report or addendums ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and

 

f. the Owner has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the Engineering Reports, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports.

 

3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

 

Confidential Appendices A, B and C to the report (April 9, 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 (April 9, 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 (April 9, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

Background Information (City Council)

(April 9, 2025) Report from the City Solicitor on 4151 to 4155 Sheppard Avenue East and 5 Lamont Avenue - Ontario Land Tribunal Hearing - Request for Directions (CC29.8)
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-254623.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information - made public on April 25, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-254625.pdf
Confidential Appendix B - Confidential Information - made public on April 25, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-254626.pdf
Confidential Appendix C Part 1 - Confidential Information - made public on April 25, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-254627.pdf
Confidential Appendix C Part 2 - Confidential Information - made public on April 25, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-254652.pdf
Confidential Appendix C Part 3 - Confidential Information - made public on April 25, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-254653.pdf
Source: Toronto City Clerk at www.toronto.ca/council