Local Planning Appeal Tribunal Appeal of Official Plan Amendment 231 - 85 Hanna Avenue - Request for Directions

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The decision

2020-11-25 · Toronto City Council · adopted

As filed

City Council on November 25 and 26, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1to the report (November 16, 2020) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (November 16, 2020) from the City Solicitor; and b. Confidential Attachment 2 to the report (November 16, 2020) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (November 16, 2020) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 16, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept, with modifications, the with prejudice offer to settle site specific Appeal 87 (with respect to 85 Hanna Avenue) to Official Plan Amendment 231 dated November 3, 2020, as set out in Public Attachment 1 and further modified in Confidential Attachment 2 to the report (November 16, 2020) from the City Solicitor, and City Council direct the City Solicitor and other staff to attend at the Local Planning Appeal Tribunal in support of the modified settlement. Confidential Attachment 2 to the report (November 16, 2020) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (November 16, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

City Council adopted Official Plan Amendment No. 231 policies for the entire city following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. First Capital REIT, the owner of the property municipally known 85 Hanna Avenue, has appealed Official Plan Amendment 231 regarding the land use designation for 85 Hanna Avenue (the Lands) to the Local Planning Appeal Tribunal. The appeal sought to have the Mixed Use Areas designation on the Lands while Official Plan Amendment No.

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231 re-designates the Lands as General Employment Areas. First Capital REIT also appealed Policy 3.5.2.6 of Official Plan Amendment 231 respecting cultural industry uses within the King Parliament Secondary Plan area, the King Spadina Secondary Plan area and the Liberty Village area of the Garrison Common North Secondary Plan on a city-wide basis. The City Solicitor requires further directions.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of: a. the recommendations contained in the Confidential Attachment 1, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege; and b. Confidential Attachment 2.

On the record

The item as the City filed it

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