Sherway Area Secondary Plan - City-initiated Official Plan Amendment and 25 The West Mall (Sherway Gardens Mall) - Official Plan Amendment Application - Ontario Land Tribunal Hearings - Request for Directions

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The decision

2024-11-13 · Toronto City Council · adopted

As filed

City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) 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 and B to the report (October 31, 2024) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) 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 October 29, 2024 set out in Confidential Appendix A to the report (October 31, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, to request that: a. the Ontario Land Tribunal allow Appeal Number 4 (Cadillac Fairview Corporation Limited) of Official Plan Amendment 469, in part, in accordance with Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor; and b. the Ontario Land Tribunal allow the appeal of the owner's site-specific Official Plan Amendment Application, in part, in accordance with Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor. 2. City Council authorize the City Solicitor to ensure that the requested modifications are appropriately reflected within Official Plan Amendment 469, in a manner satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Development Review, and the City Solicitor, and that the modifications come into force and effect for the entirety of the lands at 25 The West Mall. 3. 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 B to the report (October 31, 2024) from the City Solicitor, including to any associated maps, as deemed necessary in the discretion of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review. 4. City Council authorize the City Solicitor to take any necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (October 31, 2024) 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 (October 31, 2024) 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 that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (October 31, 2024) 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, which, among other matters, created Chapter 6, Section 43, Sherway Area Secondary Plan. The Secondary Plan was appealed to the Ontario Land Tribunal by nine appellants. On March 9, 2022 and February 8, 2023, City Council provided instructions to the City Solicitor regarding the appeals which, following implementation of those instructions at the Ontario Land Tribunal by the City Solicitor, completely resolved most appeals, and significantly scoped the remaining appeals of Official Plan Amendment 469.

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One of the nine appeals has also been withdrawn. On July 11, 2019, the owner of 25 The West Mall, which property accommodates Sherway Gardens Mall, applied for a site-specific Official Plan Amendment to the plan for the redevelopment of the lands peripheral to the shopping centre. City Council's neglect or failure to make a decision on that application was appealed to the Ontario Land Tribunal on January 25, 2022. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing event related to the site-specific Official Plan Amendment for the Site on December 9, 2024. City Council's consideration of this matter is urgent and should therefore not be deferred.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor, if adopted by City Council. 3. City Council direct

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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 contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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