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Toronto City Council · 2023-10-11 · 2023.CC11.8

The filed record

Official Plan Amendment 445 - West Queen West Planning Study (Bathurst Street to Roncesvalles Avenue) - City-initiated Official Plan Amendment - Request for Directions

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The decision

2023-10-11 · Toronto City Council · adopted

As filed

City Council on October 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (September 25, 2023) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (September 25, 2023) 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 (September 25, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle on behalf of the appellants Queen and Brock Holdings Inc., Hullmark Developments Ltd., 835 Queen West Inc., Benjamin Woolfitt, B& C Ltd., IG Woolf Textiles, and 2090416 Ontario Inc. et. al., of Official Plan Amendment 445 set out in Confidential Appendix A to the report (September 25, 2023) from the City Solicitor, and with the modifications substantially in accordance with Confidential Appendix B (September 25, 2023) to the report from the City Solicitor, and City Council direct the City Solicitor and other staff to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council authorize the City Solicitor and other appropriate staff to request the Ontario Land Tribunal to modify and partially approve non-policy text, policies and maps in Official Plan Amendment 445 substantially in accordance with Confidential Appendix B (September 25, 2023) to the report from the City Solicitor and to ensure that such modifications are appropriately reflected within the Official Plan Amendment 445 policies and maps in a manner satisfactory to the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to Official Plan Amendment 445, contained in Confidential Appendix B (September 25, 2023) to the report from the City Solicitor, including to any associated maps, as deemed necessary in the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning, to take any necessary steps to give effect to City Council's decision. Confidential Appendices A and B to the report (September 25, 2023) 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 (September 25, 2023) 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 (September 25, 2023) 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 30, 2020, City Council adopted Official Plan Amendment 445 which created Site and Area Specific Policy 566 known as the West Queen West Planning Study. Official Plan Amendment 445 was subsequently appealed to the Ontario Land Tribunal. On July 19, 2023, City Council adopted a report from the City Solicitor supporting modifications to certain parts of Official Plan Amendment 445, which resulted in resolution of some appeals and narrowing of issues before the Ontario Land Tribunal.

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In the same report City Council also instructed the City Solicitor to continue negotiations with the appellants in attempt to bring a resolution to the entire matter. This report requests direction from City Council with respect to the ongoing Ontario Land Tribunal appeal process. This matter is urgent due to the ongoing hearing process and upcoming filing deadlines prior to Council's next scheduled meeting.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor, if adopted by City Council. 3. City Council direct

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that all other information contained in Confidential Attachment 1 to this report from the City Solicitor 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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