City-Initiated Official Plan Amendment 478 - Main Street Planning Study - Request for Directions for Ontario Land Tribunal Hearing (formerly Local Planning Appeal Tribunal)

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The decision

2021-07-14 · Toronto City Council · adopted

As filed

City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor only at the discretion of the City Solicitor.

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3. City Council authorize the public release of Confidential Attachments 2 to 13 to the report (July 2, 2021) from the City Solicitor, only at the discretion of the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client and litigation privilege. Confidential Attachment 1 and Confidential Attachments 2 to 13 to the report (July 2, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 to 13 to the report (July 2, 2021) from the City Solicitor will be made public only at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (July 2, 2021) 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 and litigation privilege. December 24, 2021 The confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor were adopted by City Council and have been made public with redactions, the City Solicitor having exercised the City Solicitor's discretion to make them public with redactions, as follows: 1. City Council authorize the City Solicitor to request that the Ontario Land Tribunal allow the appellants' appeals in part, and modify and approve Official Plan Amendment 478, substantially in accordance with Confidential Attachment 3 to the report (July 2, 2021) from the City Solicitor [balance redacted]. 2. [redacted]. 3. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachments 2, 3, 10, 11, 12 and 13 to the report (July 2, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council). Confidential Attachments 7 and 8 to the report (July 2, 2021) from the City Solicitor are now public with redactions, the City Solicitor having exercised the City Solicitor's discretion to make them public with redactions, and can be accessed under Background Information (City Council).

On the agenda

As the city filed it

At its meeting on December 17, 2019, City Council adopted Official Plan Amendment Number 478 ("Official Plan Amendment 478"), to implement the outcome of the Main Street Planning Study, and to unlock the development potential of the study area, which consists of properties along Danforth Avenue, Main Street, Dawes Road and the intersection of Gerrard Street East and Main Street, all generally within 500 to 800 metres of the Main Street subway station and the Danforth GO station.

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It was intended that Official Plan Amendment 478 guide the study area's growth and intensification into a transit-oriented complete community that conforms to and is consistent with Provincial Plans and policies. There were eight appeals of Official Plan Amendment 478 to the Local Planning Appeal Tribunal. The Local Planning Appeal Tribunal has conducted the first Case Management Conference on December 16, 2020, at which Metrolinx and Minto (Dawes) GP Inc. were granted party status, and the Royal Canadian Legion was granted participant status, all on consent. The Local Planning Appeal Tribunal is now known as the Ontario Land Tribunal. The next Case Management Conference is scheduled for September 20, 2021. The Tribunal has scheduled a six-week hearing commencing on April 4, 2022. The purpose of this report is to request further instructions with respect to the appeals of Official Plan Amendment 478. 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 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 Attachments 2 to 13, if adopted by City Council, only at the discretion of the City Solicitor. 3. City Council direct

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that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client and litigation privilege.

On the record

The item as the City filed it

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