Official Plan Amendment 324 - Former Road Allowance Between Lots 24 and 25, Concession A - Request for Direction

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The decision

2022-02-02 · Toronto City Council · adopted

As filed

City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer and authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal to advise that City Council supports a modified Official Plan Amendment 324 attached as Public Appendix 2 to the report (January 25, 2022) from the City Solicitor. The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

On the agenda

As the city filed it

At its meeting on September 30, October 1 and 2, 2015, City Council adopted the recommendations in the Final Report (August 28, 2015) from the Director, Community Planning, Scarborough District approving an Official Plan Amendment and Zoning By-law Amendments for a development located at 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East. As part of this development approval, City Council enacted By-law 985-2015, Official Plan Amendment 324 (OPA 324), a City initiated Official Plan Amendment to add the former road allowance located on the property at 2480 to 2490 Gerrard Street East to Schedule 2, The Designation of Planned But Unbuilt Roads, in the City's Official Plan.

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OPA 324 was appealed to the former Ontario Municipal Board (OMB) along with the site specific Official Plan Amendment and Zoning By-law Amendment applications. The site specific appeals were approved by the OMB on a settlement, but the OPA 324 appeal is still ongoing, and a five-day hearing has been scheduled at the Ontario Land Tribunal (OLT) commencing on March 14, 2022. On January 18, 2022, the lone appellant, the owner of 2480 to 2490 Gerrard Street East, submitted a with prejudice settlement offer to the City. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting on February 2, 2022.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendation in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendation is adopted by City Council, then City Council authorize the public release of the recommendation contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege).

On the record

The item as the City filed it

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