Ontario Land Tribunal Appeal of Official Plan Amendment 231 - 1235-1255 Lawrence Avenue West and 3-23 Benton Road - Request for Directions

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The decision

2023-05-10 · Toronto City Council · adopted

As filed

City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remain confidential, 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 (April 27, 2023) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows: 1. City Council accept the April 24, 2023 without prejudice settlement offer from G. Gagliano Properties Ltd./Benton Property Corp. to fully resolve Appeal 92 (regarding 1235-1255 Lawrence Avenue West and 3-23 Benton Road) to OPA 231 as set out in Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor. 2. City Council authorize the City Solicitor to request the Ontario Land Tribunal to modify and partially approve Official Plan Amendment 231, substantially in accordance with Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor. 3. City Council authorize the City Solicitor to request that Appeal 92 of Official Plan Amendment 231 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 231. 4. City Council authorize the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remains confidential 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.

On the agenda

As the city filed it

City Council adopted Official Plan Amendment 231 on December 18, 2013 following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. Official Plan Amendment 231 re-designates part of the lands at 1235-1255 Lawrence Avenue West and 3-23 Benton Road (the "Appeal Lands") as General Employment Areas and the remainder as Core Employment Areas. G. Gagliano Properties Ltd./Benton Property Corp.

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(the "Appellant") has appealed Official Plan Amendment 231 to seek the Mixed Use Areas designation on all or part of the Appeal Lands. The City Solicitor requires further directions for an upcoming hearing event before the Ontario Land Tribunal.

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 Confidential Attachment 2 to this report from the City Solicitor only at the discretion of the City Solicitor. 3. City Council direct that all other

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information contained in Confidential Attachment 1 to this report from the City Solicitor remain confidential, 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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