389-393 Broadway Avenue - Official Plan Amendment 770 - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2025-06-25 · Toronto City Council · adopted

As filed

City Council on June 25 and 26, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 12, 2025) 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 (June 12, 2025) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 12, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it 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 (June 12, 2025) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council endorse the amendments to Official Plan Amendment 770, to remove the "Park Expansion Areas" overlay from 389 and 393 Broadway Avenue, with the modified Official Plan Amendment 770 as set out in Confidential Appendix A to the report (June 12, 2025) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the modified Official Plan Amendment 770. 2. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (June 12, 2025) 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 (June 12, 2025) 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 (June 12, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On November 14, 2024, the City enacted By-law 1232-2024, adopting Official Plan Amendment 770. Official Plan Amendment 770 redesignated the property known as 391 Broadway Avenue from Neighbourhoods to Parks on Map 17 of the Official Plan. Official Plan Amendment 770 also added 391 Broadway Avenue as 'Existing/Approved Public Parks' and added the properties known as 389 and 393 Broadway Avenue as "Park Expansion Areas" on Map 21-8 of the Yonge-Eglinton Secondary Plan.

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Official Plan Amendment 770 was appealed to the Ontario Land Tribunal by the registered owners of 389 Broadway Avenue and the registered owner of 393 Broadway Avenue. The Ontario Land Tribunal held a Case Management Conference on April 4, 2025. At the Case Management Conference, Party status was granted to the registered owner of 387 Broadway Avenue as well as the Broadway Area Residents Association. Together the Appellants and the registered owner of 387 Broadway Avenue are the Opposed Parties. Whereas the Broadway Area Residents Association obtained Party status to support the City's position. The City Solicitor requires further directions for a hearing scheduled to commence on September 24, 2025. This matter is deemed urgent as direction from City Council is required in advance of procedural exchange dates for the Ontario Land Tribunal hearing. This matter should 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 and Confidential Appendix A 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 which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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