The filed record
4151 to 4155 Sheppard Avenue East and 5 Lamont Avenue - Ontario Land Tribunal Hearing - Request for Directions
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The decision
2025-04-23 · Toronto City Council · adopted
As filed
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.
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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
On the agenda
As the city filed it
On November 23, 2023, the City received Zoning By-law Amendment and Official Plan Amendment applications for 4151 to 4155 Sheppard Avenue East and 5 Lamont Avenue to permit the construction of a 46-storey mixed-used building. At its meeting of March 20 and 21, 2024, City Council refused the Applications. The applicant appealed City Council's refusal of the Applications to the Ontario Land Tribunal on April 22, 2024. The City Solicitor requires further directions for the Ontario Land Tribunal hearing which was scheduled to commence on April 22, 2025.
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The hearing was adjourned and a Case Management Conference before the Ontario Land Tribunal has been scheduled for April 28, 2025, so the City Solicitor can update the Ontario Land Tribunal following receipt of Council's directions. 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, and all information contained in Confidential Appendices A, B and C to this report from the City Solicitor, if adopted by City Council. 3. City
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Council direct that all other information contained in Confidential 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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