Sherway Area Secondary Plan - City-initiated Official Plan Amendment - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-07-19 · Toronto City Council · adopted

As filed

City Council on July 19 and 20, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 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, B and C to the report (July 4, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 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 Appeal Number 2 (Calloway REIT (Etobicoke) Inc., and Calloway REIT (Etobicoke-Index) Inc.) of Official Plan Amendment 469 set out in Confidential Appendix B to the report (July 4, 2023) from the City Solicitor, and with the modifications substantially in accordance with Confidential Appendix A to the report (July 4, 2023) 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 accept the without prejudice offer to settle Appeal Number 3 (690 Evans Ave Dev Nominee Inc.) of Official Plan Amendment 469 set out in Confidential Appendix C to the report (July 4, 2023) from the City Solicitor and with the modifications substantially in accordance with Confidential Appendix A to to the report (July 4, 2023) 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. 3. 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 469 substantially in accordance with Confidential Appendix A to the report (July 4, 2023) from the City Solicitor and to ensure that such modifications are appropriately reflected within the Official Plan Amendment 469 policies and maps in a manner satisfactory to the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to Official Plan Amendment 469, contained in Confidential Appendix A to the report (July 4, 2023) 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. 5. 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, B, and C to the report (July 4, 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 (July 4, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 4, 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 October 29 and 30, 2019, City Council adopted Official Plan Amendment 469 ("OPA 469"), which, among other matters, created Chapter 6, Section 43, Sherway Area Secondary Plan (the "Secondary Plan"). The Secondary Plan was appealed to the Ontario Land Tribunal by 9 appellants. On March 9, 2022 and February 8, 2023, City Council provided instructions to the City Solicitor regarding the appeals of OPA 469 which, following implementation of those instructions at the Ontario Land Tribunal by the City Solicitor, completely resolved some and significantly scoped other appeals.

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One of the nine appeals has been withdrawn. A 12-day hearing is scheduled to commence on November 20, 2023 with witness statements due on September 15, 2023. Given this timing, this item is urgent and cannot be deferred. The purpose of this report is to request further instructions on this matter which is the subject of appeals to the Ontario Land Tribunal.

Staff recommended

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

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3. City Council direct 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 is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

On the record

The item as the City filed it

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