Ontario Land Tribunal Appeal of Official Plan Amendment 231 - Lands Bound by King Street West, Dufferin Street, Lakeshore Rail Corridor and Hanna Avenue - Request for Directions

Through Council's adoption of Official Plan Amendment 231, Area 3 of the in-force Garrison Common North Secondary Plan was amended to include only those lands bound by Dufferin Street to the west, King Street West to the north, Hanna Avenue to the east, and the Lakeshore Rail Corridor to the south, corresponding to the western portion of the neighbourhood known as Liberty Village. Area 3 had previously extended further east to Pirandello Street. Area 3 applies to approximately 33 hectares (80 acres) of lands under various ownership with an existing city-block pattern (Area 3). The lands were previously designated Employment Areas with live-work uses permitted; Official Plan Amendment 231 redesignated these lands as a mix of Core Employment Areas and General Employment Areas where residential uses were not permitted. The Minister of Municipal Affairs and Housing approved the majority of Official Plan Amendment 231, including amendments to the Garrison Common North Secondary Plan, with limited modifications in July 2014. At the time, the Planning Act allowed appeals to the Ontario Municipal Board even where the Minister had issued an approval. A total of 178 appeals were received, and approximately 60 remain under appeal at the Ontario Land Tribunal, the successor to the Ontario Municipal Board. The Ontario Land Tribunal has scheduled a 10-day hearing to commence in January 2024 to deal with outstanding appeals involving lands subject to Area 3 policies of the Garrison Common North Secondary Plan. These are: 1. Appeal 32, respecting the entirety of lands within Area 3 (Appellant 1); 2. Appeal 49, respecting 153 Dufferin Street (Appellant 2); and 3. Appeal 13, respecting 1 Jefferson Avenue and 1A Atlantic Avenue. The City Solicitor received a With Prejudice offer to settle from Appellant 1 and another With Prejudice offer to settle from Appellant 2 and requires further directions for the upcoming Ontario Land Tribunal hearing scheduled for January 2024. This matter is urgent and cannot be deferred.

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.