3450 Dufferin Street - City Initiated Official Plan Amendment - Dufferin Street Secondary Plan - Request for Directions Regarding Local Planning Appeal Tribunal Hearing

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The decision

2019-03-27 · Toronto City Council · adopted

As filed

City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in the Confidential Attachment 1 to the report (March 21, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Attachment 2 and Confidential Appendices A and B to the report (March 21, 2019) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (March 21, 2019) 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 the Confidential Attachment 1 to the report (March 21, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated March 19, 2019 in Confidential Attachment 2 to the report (March 21, 2019) from the City Solicitor, City Council having also accepted the Settlement Offer dated March 21, 2019 related to 3400 Dufferin Street, which is described and analyzed in the companion report related to that property, Item CC5.14. 2. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to modify and partially approve the Dufferin Street Secondary Plan, substantially in accordance with the revised draft amendment to the Dufferin Street Secondary Plan, attached as Confidential Appendix A to the report (March 21, 2019) from the City Solicitor. 3. City Council authorize the City Solicitor, in consultation with the Director, Community Planning, North York District, to request that the Local Planning Appeal Tribunal make such changes to the draft amendment to the Dufferin Street Secondary Plan contained within Confidential Appendix A, as may be required to implement the Settlement Offer described in Confidential Attachment 2 and illustrated in Confidential Appendix B to the report (March 21, 2019) from the City Solicitor. 4. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 and Confidential Appendices A and B to the report (March 21, 2019) 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 (March 21, 2019) 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 (March 21, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

3450 Dufferin Yorkdale Holdings Inc. ("3450 Dufferin") is the owner of lands municipally known as 3450 Dufferin Street (the "Subject Site"). The Subject Site is located on the west side of Dufferin Street, immediately south of Highway 401 and Bridgeland Avenue. On September 1, 2016, 3450 Dufferin submitted a Zoning By-law Amendment, Official Plan Amendment and Draft Plan of Subdivision applications to the City, proposing to develop three buildings of 37 storeys, 33 storeys and 29 storeys (the "Application").

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The Application proposed a gross floor area of approximately 84,466 square metres and a Floor Space Index (FSI) of 4.1 times the area of the lot. The Application proposed 1,044 residential units, a 244-room hotel and a public park. The Application also proposed a new public street connecting to Bridgeland Avenue and a new publicly accessible private street. At its meeting on December 9 and 10, 2015, City Council adopted the Dufferin Street Secondary Plan ("OPA 294"), a Secondary Plan that provides a planning framework for the potential redevelopment of the Dufferin Street Secondary Plan Area (all parcels fronting on Dufferin Street between Bridgeland Avenue to just south of Lawrence Avenue West), including policies on land use, built form, the public realm, mobility, infrastructure and community services and facilities. Council directed staff to use OPA 294 in the evaluation of all current and new development proposals falling within its boundaries. Council also adopted the Dufferin Street Urban Design Guidelines and endorsed the Dufferin Street Transportation Master Plan and Infrastructure and Stormwater Master Plan as technical resources for City staff to support the implementation of the Secondary Plan. Council directed staff to use the Dufferin Street Urban Design Guidelines, including the Dufferin Street Transportation Master Plan and the Infrastructure and Stormwater Master Plan in the evaluation of all new and current development proposals and public initiatives. On December 23, 2015, 3450 Dufferin appealed OPA 294 in its entirety to the Ontario Municipal Board (the "OMB"), now known as the Local Planning Appeal Tribunal (the "LPAT"). 3450 Dufferin appealed its Zoning By-law Amendment, Official Plan Amendment and Draft Plan of Subdivision applications to the OMB on January 6, 2017, March 7, 2017 and June 6, 2017, respectively, due to Council's failure to render decisions within the prescribed timeframes in the Planning Act (the "ZBA, OPA and Draft Plan Appeals"). At its meeting on April 26, 27 and 28, 2017, City Council considered a Request for Directions report from the City Planning Division in respect of the Application. The Request for Directions report recommended that City Council direct the City Solicitor and City staff to oppose the Application at the OMB. The report also recommended that City staff continue discussions with 3450 Dufferin to revise their proposal to address outstanding issues. 3450 Dufferin's appeal of OPA 294 has been consolidated with its ZBA, OPA and Draft Plan Appeals for the purpose of the LPAT proceedings. Without prejudice discussions with the applicant have taken place, including LPAT-led mediation sessions. The purpose of this report is to request further instructions. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, and authorize the public release of Confidential Attachment 2, Confidential Appendix A and Confidential Appendix B to this report, if adopted by City Council. 3. City

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Council direct that all other information contained in Confidential Attachment 1 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

The item as the City filed it

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