Item - 2025.CC35.11

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, as amended by motion 1 by Councillor Lily Cheng.

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, as amended by motion 1 by Councillor Lily Cheng, and Confidential Appendices A, B and C to the report (December 2, 2025) from the City Solicitor, at the discretion of 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 is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

December 22, 2025

The confidential instructions to staff in Confidential Attachment 1 to the report (December 2, 2025) from the City Solicitor, as amended by motion 1 by Councillor Lily Cheng, were adopted by City Council and are now public, the City Solicitor having exercised the City Solicitor’s discretion to make them public, as follows:

1. City Council accept the without prejudice settlement offer set out in Confidential Appendix A to the report (December 2, 2025) from the City Solicitor and support a revised proposal that is substantially in accordance with the plans and drawings in Confidential Appendix B to the report (December 2, 2025) from the City Solicitor for the lands municipally known as 234 Sheppard Avenue West and 223 Harlandale Avenue (together the "Settlement Offer") and subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (the "Tribunal") hearing on this matter in support of the Settlement Offer for the lands municipally known as 234 Sheppard Avenue West and 223 Harlandale Avenue (the "Development Site").

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Tribunal has been advised by the City Solicitor that:

a. the final form and content of the draft Official Plan Amendment substantially in accordance with Confidential Appendix C to the report (December 2, 2025) from the City Solicitor, is satisfactory to the Executive Director, Development Review and the City Solicitor;

b. the final form and content of the draft Zoning By-law Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor;

c. the owner has, at its sole expense:

i. submitted a revised Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Director, Engineering Review;

ii. secured the design and provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Director, Engineering Review, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Director, Engineering Review;

iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

iv. submitted an updated Transportation Impact Study or Addendum, and updated Parking and Loading Study or Addendum, to reflect revisions to site circulation, loading, parking and access for the development, to the satisfaction of the General Manager, Transportation Services; and

v. 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, and that matters arising from such study be satisfactorily addressed, and secured if required.

4. City Council request the Executive Director, Development Review, in consultation with the local Ward Councillor and other relevant staff, to work with the landowner to explore the feasibility of an in-kind community benefit package pursuant to Section 37(6) of the Planning Act, that may include the provision of public realm improvements, including public art, and/or park improvements, and to report back to City Council for further instruction on any offer of in-kind community benefits made by the Owner.

5. City Council request the Executive Director, Development Review, in consultation with the General Manager, Solid Waste Management Services, as part of Site Plan Control, to consider the location of waste storage bin pick up/staging areas in locations other than Sheppard Avenue West.

6. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.

Confidential Appendices A, B and C to the report (December 2, 2025) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor’s discretion to make them public, and can be accessed under Background Information (City Council).

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 they pertain to litigation before the Ontario Land Tribunal and contains advice or communications that are 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.