Item - 2018.PG27.7

Tracking Status

PG27.7 - Ontario Municipal Board (OMB) Appeal of Official Plan Amendment 231 - Request for Directions

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on March 26 and 27, 2018, adopted the following:

 

1.  City Council amend the proposed Site and Area Specific Policy as set out in the confidential attachments to motion 1 by Councillor Stephen Holyday.

 

2.  City Council direct that Confidential Attachments 1 and 2 to the report (February 5, 2018) from the City Solicitor remain confidential as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and they contain advice that is subject to solicitor-client privilege.

 

3.  City Council authorize the release of the confidential attachment to motion 1 by Councillor Holyday. 

 

The amendment to the Site and Area Specific Policy as set out in the confidential attachment to motion 1 by Councillor  Stephen Holyday was adopted by City Council and is now public, as follows:

 

1.  City Council amend the proposed Site and Area Specific Policy to exclude lands municipally known in the year 2017 as 5395 to 5409 Eglinton Avenue West as set out in the confidential attachment to this motion.

 

The confidential attachment to motion 1 by Councillor  Stephen Holyday is now public and can be accessed under Background Information (City Council).

 

Confidential Attachments 1 and 2 to the report (February 5, 2018) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and they contain advice that is subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice subject to solicitor-client privilege.

Background Information (Committee)

(February 5, 2018) Report from the City Solicitor on OMB Appeal of Official Plan Amendment 231 - Request for Directions
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-112657.pdf
Confidential Attachment 1 - Confidential Instructions to Staff and Confidential Advice Subject to Solicitor-Client Privilege
Confidential Attachment 2 - Confidential Information

Background Information (City Council)

Confidential attachment to motion 1 by Councillor Stephen Holyday - made public on April 5, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-113843.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Stephen Holyday (Carried)

That City Council delete the Planning and Growth Management Committee Recommendations and adopt instead the following:

 

1.  City Council amend the proposed Site and Area Specific Policy as set out in the confidential attachment to this motion.

 

2.  City Council direct that Confidential Attachments 1 and 2 to the report (February 5, 2018) from the City Solicitor remain confidential as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporation and they contain advice that is subject to solicitor-client privilege.

 

3. If the confidential attachment to this motion is adopted, City Council authorize the release of confidential attachment to this motion.

Vote (Adopt Item as Amended) Mar-27-2018 2:16 PM

Result: Carried Majority Required - PG27.7 - Holyday - motion 1 - Adopt the item as amended
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Janet Davis
Total members that were Absent: 7 Members that were absent are Ana Bail„o, Gary Crawford, Vincent Crisanti, Sarah Doucette, Jim Karygiannis, Michael Thompson, John Tory

PG27.7 - Ontario Municipal Board (OMB) Appeal of Official Plan Amendment 231 - Request for Directions

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice subject to solicitor-client privilege.

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 5, 2018) from the City Solicitor.

 

2.  If the confidential instructions in Confidential Attachment 1 to the report (February 5, 2018) from the City Solicitor are adopted, City Council authorize the public release of:

 

a.  the recommendations contained in Confidential Attachment 1 to the report (February 5, 2018) from the City Solicitor, with the remainder of Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege; and

 

b.  Confidential Attachment 2 to the report (February 5, 2018) from the City Solicitor.

Origin

(February 5, 2018) Report from the City Solicitor

Summary

City Council adopted Official Plan Amendment No. 231 (OPA 231) following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding the City's employment lands. Mondelez Canada Inc. (Mondelez) appealed OPA 231 to the Ontario Municipal Board (OMB) on a city-wide basis, including permissions for hotels within Employment Areas.  The City Solicitor seeks instructions regarding this appeal.

Background Information

(February 5, 2018) Report from the City Solicitor on OMB Appeal of Official Plan Amendment 231 - Request for Directions
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-112657.pdf
Confidential Attachment 1 - Confidential Instructions to Staff and Confidential Advice Subject to Solicitor-Client Privilege
Confidential Attachment 2 - Confidential Information

Motions

Motion to Adopt Item moved by Councillor David Shiner (Carried)
Source: Toronto City Clerk at www.toronto.ca/council