Ontario Land Tribunal Appeals of Official Plan Amendment 231 and Official Plan Amendment 469 - 701-703 Evans Avenue - Request for Directions

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The decision

2023-02-07 · Toronto City Council · adopted

As filed

City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and all of Confidential Attachment 2 to the report (January 27, 2023) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (January 27, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 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 site-specific appeal to Appeal Number 57 (with respect to 701-703 Evans Avenue) to Official Plan Amendment 231 and Official Plan Amendment 469 dated January 25, 2023 set out in Confidential Attachment 2 to the report (January 27, 2023) from the City Solicitor, and 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 to request that the Ontario Land Tribunal modify and partially approve Official Plan Amendment 231 and Official Plan Amendment 469, substantially in accordance with Confidential Attachment 2 to the report (January 27, 2023) from the City Solicitor. 3. City Council authorize the City Solicitor to request that Appeal Number 57 of Official Plan Amendment 231 and Appeal Number 1 of Official Plan Amendment 469 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 231 and Official Plan Amendment 469. 4. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 to the report (January 27, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 27, 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 27, 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 December 18, 2013, City Council adopted Official Plan Amendment 231 which recommended retaining the lands municipally known as 701-703 Evans Avenue (the "Lands") as Employment Areas and re-designating them as Core Employment Areas. Amexon Realty Inc. (the "Appellant"), the owner of the Lands, appealed Official Plan Amendment 231 on July 28, 2014, as Appeal 57. The Appellant also appealed Official Plan Amendment 469, known as the Sherway Area Secondary Plan, following its adoption by Council on October 30, 2019.

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Official Plan Amendment 469 designates the Lands as Core Employment Areas and includes them in the Queen Elizabeth Way Office Precinct, subject to certain plan-wide and area-specific policies. The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearings scheduled for April 2023 and November 2023.

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 in Confidential Attachment 1 and all of Confidential Attachment 2 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information

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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 and information which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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