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 the Confidential Attachment 1, Confidential Attachment 2 and Confidential Appendix A to Confidential Attachment 2 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 21, 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 19, 2019 related to 3450 Dufferin Street, which is described and analyzed in the companion report related to that property, Item CC5.13. 2. City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal modify and partially approve the Dufferin Street Secondary Plan, substantially in accordance with Appendix A to Confidential Attachment 2 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 Attachment 2, Appendix A, as may be required to implement the Settlement Offer described in Confidential Attachment 2 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 Appendix A to Confidential Attachment 2 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 provision 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

Dufferin 401 Properties Limited (the "Appellant") is the owner of lands municipally known as 3400 Dufferin Street (the "Subject Site"). The Subject Site is located mid-block between Bridgeland Avenue and Jane Osler Boulevard, fronting onto Dufferin 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.

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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 January 11, 2016, the Appellant appealed OPA 294 in its entirety to the Ontario Municipal Board (the "OMB"), now known as the Local Planning Appeal Tribunal (the "LPAT"). Without prejudice discussions with the applicant have taken place, and Tribunal-led mediation was held on in October and November 2017, and January 2018. 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 the Confidential Attachment 1, Confidential Attachment 2 and Confidential Appendix A to Confidential Attachment 2, if adopted by City Council. 3. City Council direct that all other information

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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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