Official Plan Amendment 144 - St. Clair West Avenue Study - Update and Request for Direction Regarding Ontario Land Tribunal Hearing

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The decision

2022-05-11 · Toronto City Council · adopted

As filed

City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments A and B to the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor.

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The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to request the Ontario Land Tribunal to allow the appeals in part, and modify and approve Official Plan Amendment 144, substantially in accordance with Confidential Attachment B to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachments A and B to the report (May 2, 2022) 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 (May 2, 2022) 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 or communications that is subject to solicitor-client privilege and information regarding potential litigation. The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On September 22, 2011, City Council adopted Official Plan Amendment 144 (through By-law 1168-2011) ("OPA 144"). OPA 144 was the result of the St. Clair West Avenue Study for the segment west of Keele Street/Weston Road to Scarlett Road, which was undertaken by City staff between 2009 and 2011. The effect of OPA 144 was to redesignate the lands on both the north and south sides of St. Clair Avenue to Mixed Use Areas. At the same meeting, City Council also passed corresponding Zoning By-law 1169-2011 and 1170-2011, which made amendments to parent Zoning By-law 438-86 to implement the direction of the OPA 144.

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OPA 144 and the implementing by-laws were appealed to the then-Ontario Municipal Board (now, the Ontario Land Tribunal) (the "Tribunal") by four landowners. On July 15, 2016, the Tribunal issued an Order bringing By-law 1169-2011, and portions of OPA 144 into force for the lands west of Runnymede Road, without prejudice to the continuation of the appeals of OPA 144 east of Runnymede Road. A copy of OPA 144 (By-law 1168-2011) can be found at the following link: http://www.toronto.ca/legdocs/bylaws/2011/law1168.pdf A copy of Zoning By-law 1169-2011 can be found at the following link: http://www.toronto.ca/legdocs/bylaws/2011/law1169.pdf A copy of Zoning By-law 1170-2011 can be found at the following link: https://www.toronto.ca/legdocs/bylaws/2011/law1170.pdf The purpose of this report is to provide an update to City Council on the status of the Tribunal proceeding and 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 and Confidential Attachments A and B, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 are to remain confidential at the discretion of the City Solicitor.

On the record

The item as the City filed it

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