City Initiated Official Plan Amendment 379 - College Street Study - Request for Direction Regarding Local Planning Appeal Tribunal Hearing

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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 16, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Attachment 2 and Confidential Appendices A, B and C to the report (July 16, 2020) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (July 16, 2020) 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 (July 16, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated July 16, 2020 in Confidential Attachment 2 the report (July 16, 2020) from the City Solicitor. 2. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to modify and partially approve Official Plan Amendment 379, substantially in accordance with Confidential Appendix A to Confidential Attachment 2 the report (July 16, 2020) from the City Solicitor. 3. City Council authorize the Director, Urban Design to amend the College Street Urban Design Guidelines, substantially in accordance with Confidential Appendix B to Confidential Attachment 2 the report (July 16, 2020) from the City Solicitor. 4. City Council authorize the City Solicitor to request that the University of Toronto's appeal of Official Plan Amendment 379 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 379. 5. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 and Confidential Appendices A, B and C to the report (July 16, 2020) 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 16, 2020) 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 (July 16, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

At its meeting on May 24, 2017, City Council adopted the College Street Site and Specific Policy Official Plan Amendment ("OPA 379"), which was the recommended Official Plan Amendment resulting from the College Street Study (the "Study"). The Study reviewed the policy context for College Street (generally from University Avenue to Bathurst Street) (the "Study Area') to address land use and the inclusion of institutional uses within mixed-use buildings; building scale and height; and public realm, including special places and pedestrian improvements.

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OPA 379 clarifies the expectations for the built form for new developments falling within the Study Area. While OPA 379 provides general direction for the entire Study Area, it also provides further direction specific to development in six distinct Character Areas (A through F) to reflect the unique characteristics of each respective Character Area. Council also adopted the College Street Urban Design Guidelines (the "Guidelines"), which are intended to support OPA 379 and be used as a tool to evaluate proposed developments in the Study area so as to ensure that such development is compatible with the existing context. The Governing Council of University of Toronto (the "University") appealed City Council's decision to adopt OPA 379 to the Ontario Municipal Board (the "OMB"), now known as the Local Planning Appeal Tribunal (the "LPAT"). The University was of the view that OPA 379 and the accompanying Guidelines did not sufficiently recognize the unique urban design circumstances of the University's St. George Campus and the concurrent planning processes undertaken by the City with respect to the St. George Campus. The purpose of this report is to request further instructions with respect to the University's appeal. City Planning has been involved in the preparation of this report.

Staff recommended

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

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Council direct that all other information contained in Confidential Attachment 1 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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