Tippett Road Area Regeneration Study - City Initiated Official Plan Amendment - Local Planning Appeal Tribunal Appeal - Request for Direction

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The decision

2020-07-28 · Toronto City Council · adopted

As filed

City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix 1 to the report (July 21, 2020) from the City Solicitor remain confidential as they contain information that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council refuse the without prejudice settlement offer ("Settlement Offer") dated June 5, 2020 from Fogler Rubinoff LLP on behalf of 1380200 Ontario Limited and Champlain Torah Education Centre. 2. City Council direct City staff to continue discussions with 1380200 Ontario Limited and Champlain Torah Education Centre, and City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept further revisions to Official Plan Amendment 309 that are consistent with the City's goals and vision for the Official Plan Amendment 309 area as described in the Final Report dated October 23, 2015 and the Supplementary Report dated December 7, 2015, from the Chief Planner and Executive Director, City Planning. 3. Should a settlement not be reached, City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the proposed amendments to Official Plan Amendment 309 and in support of Official Plan Amendment 309 as adopted by City Council. 4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 and Confidential Appendix 1 to the report (July 21, 2020) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain information that is subject to solicitor-client privilege.

On the agenda

As the city filed it

Further direction from City Council is required on this matter, which has been appealed to the Local Planning Appeal Tribunal (LPAT). A 10-day hearing on this appeal has been scheduled at the LPAT for September 8, 2020. A without prejudice settlement offer dated June 5, 2020, was submitted to the City by Fogler Rubinoff LLP, the solicitor on behalf of Champlain Torah Education Centre and 1380200 Ontario Limited (the owners of 18 and 20 Champlain Boulevard).

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The City Solicitor sought direction from City Council on the settlement offer at the June 29 and 30, 2020 meeting of Council through a Request for Direction Report (dated June 18, 2020) from the City Solicitor, considered as Item CC22.13. City Council referred Item CC22.13 to the City Solicitor and directed the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to continue discussions with the applicants toward a settlement and to report back on any settlement options directly to the July 28 and 29, 2020 meeting of City Council. As directed, the City engaged in subsequent discussions with the appellant's consultant and legal team. Following these discussions, by letter dated July 17, 2020, counsel to Champlain Torah Education Centre and 1380200 Ontario Limited, wrote to the City indicating that in response to the additional feedback received from City staff and their consultant team, they will be seeking an adjournment of the hearing to a new date as early as possible in 2021, in order to provide adequate time to provide additional concept and massing drawings, and determine if a resolution is possible. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting on July 28 and 29, 2020.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize the public release of the recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege, and Confidential Appendix 1 remaining confidential).

On the record

The item as the City filed it

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