3401 Dufferin Street and 1 Yorkdale Road - Official Plan Amendment and Dufferin Street Secondary Plan - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-06-14 · Toronto City Council · adopted

As filed

City Council on June 14 and 15, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (May 31, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix B to the report (May 31, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 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 dated May 30, 2023 set out in Confidential Appendix A to the report (May 31, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Settlement Modifications. 2. City Council authorize the City Solicitor to request the Ontario Land Tribunal to allow, in part, the appeals of Oxford Properties Group, and modify and approve the Dufferin Street Secondary Plan in accordance with the without prejudice offer to settle set out in Confidential Appendix to the report (May 31, 2023) from the City Solicitor. 3. City Council direct the City Solicitor and appropriate City staff to oppose the With Prejudice Official Plan Amendment to the extent of any conflict with the Settlement Modifications. 4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (May 31, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendix B to the report (May 31, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix B to the report (May 31, 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 May 30, 2017, the City received an Official Plan Amendment and Zoning By-law Amendment application by Oxford Properties Group (the "Applicant") for the Yorkdale Shopping Centre site (the "Site") to permit a long-term mixed use development plan for portions of the Site. The existing Yorkdale Shopping Centre is to remain on Site and in operation. The proposed development is intended to occur in a phased manner over the next 30 years and beyond.

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This proposal introduces new streets, parks and open spaces, internal pedestrian connections, new residential uses in the form of mid-rise buildings and tall buildings, additional commercial and office uses, and a hotel. The Applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan Amendment portion of the application to the Ontario Land Tribunal on April 6, 2022. Following appeal to the Ontario Land Tribunal, the Official Plan Amendment application was revised by way of resubmission to City Planning in May, 2022 (the "Revised Official Plan Amendment"). On May 29, 2023, the Applicant filed a revised Official Plan Amendment with the Ontario Land Tribunal, consisting of policies it intends to request the Ontario Land Tribunal approve, in the event of a contested hearing with the City (the "With Prejudice Official Plan Amendment"). The Applicant also has an outstanding appeal of the Dufferin Street Secondary Plan which currently includes a portion of the Site. The appeal of the site specific Official Plan Amendment and the appeal of the Dufferin Street Secondary Plan are scheduled to be heard together before the Ontario Land Tribunal at a two-week long hearing scheduled to commence September 18th, 2023. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing.

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 the Confidential Attachment 1 to this report from the City Solicitor and Confidential Appendix A if adopted by City Council. 3. City Council direct that Confidential

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Appendix B and 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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