City Initiated Official Plan Amendment 294 - Dufferin Street Secondary Plan - Request for Direction Regarding Local Planning Appeal Tribunal Hearing

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The decision

2020-06-29 · Toronto City Council · adopted

As filed

City Council on June 29 and 30, 2020 adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 22, 2020) 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 Appendix A to the report (June 22, 2020) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (June 22, 2020) 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 (June 22, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated March 4, 2020 in Confidential Attachment 2 to the report (June 22, 2020) from the City Solicitor. 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 Appendix A to Confidential Attachment 2 to the report (June 22, 2020) from the City Solicitor. 3. City Council authorize the City Solicitor to request that BILD's appeal of Official Plan Amendment 294 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 294. 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 the report (June 22, 2020) 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 (June 22, 2020) 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 (June 22, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor .

On the agenda

As the city filed it

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 Building Industry and Land Development Association ("BILD") appealed, on a plan-wide basis, the policies of OPA 294 related to the relationship between uses in Employment Areas and proximate sensitive land uses, to the Ontario Municipal Board (the "OMB"), now known as the Local Planning Appeal Tribunal (the "LPAT"). BILD's Notice of Appeal alleged that OPA 294 was premature with respect to these matters, in advance of the OPA 231 policies respecting these same matters being finalized. The purpose of this report is to request further instructions with respect to BILD's appeal. 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, and authorize the public release of Confidential Attachment 2, and Confidential Appendix A to this report, if adopted by City Council. 3. City Council direct that

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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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