TOcore - Updating Tall Building Setbacks in the Downtown - City Initiated Official Plan Amendment and Zoning By-law Amendments - Update and Request for Directions for Local Planning Appeal Tribunal Hearing

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The decision

2020-11-25 · Toronto City Council · adopted

As filed

City Council on November 25 and 26, 2020, adopted the following: 1. City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to request the Local Planning Appeal Tribunal to amend and partially approve Zoning By-laws 1106-2016 and 1107-2017 to reflect further additions to the Prevailing Lists, not previously authorized by City Council, as omissions to the Prevailing Lists become known.

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3. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 16, 2020) from the City Solicitor. 4. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (November 16, 2020) from the City Solicitor. 5. City Council direct that the balance of Confidential Attachment 1 to the report (November 16, 2020) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 16, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to modify and partially approve Official Plan Amendment 352, substantially in accordance with Confidential Attachment 2 to the report (November 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 the Amending By-laws, in accordance with the approach set out in Confidential Attachment 2 to the report (November 16, 2020) from the City Solicitor, subject to the form of the Amending By-laws being finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 to the report (November 16, 2020) 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 (November 16, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

On the agenda

As the city filed it

At its meeting of October 5, 6, and 7, 2016, City Council adopted the recommendations of the Final and Supplementary Reports on TOcore: Updating Tall Building Setbacks in the Downtown - City-Initiated Official Plan Amendment and Zoning By-law Amendment, as amended by Toronto and East York Community Council. It enacted By-law 1105-2016 ("OPA 352") and By-laws 1106-2016 and 1107-2016 (the "Amending By-laws"). These instruments were the outcome of a six-month study providing policy and updating the setback requirements for tall buildings in the Downtown.

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There were over two hundred appeals of Council's decision to enact OPA 352 and the Amending By-laws made to the Ontario Municipal Board (the "OMB"), now continued as the Local Planning Appeal Tribunal (the "LPAT"), by numerous landowners and stakeholders. The LPAT has conducted five Pre-Hearing/Case Management Conferences to date in relation to OPA 352 and the Amending By-laws, at which parties have been identified, and procedural directions have been issued, with the aim of rendering the eventual hearing of the appeals efficient and cost-effective. A sixth Case Management Conference is scheduled for December 3, 2020. The purpose of this report is to request further instructions with respect to OPA 352 and the Amending By-laws. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council authorize the City Solicitor, in consultation with the Chief Planner, to request that the Local Planning Appeal Tribunal amend and partially approve Zoning By-laws 1106-2016 and 1107-2017 to reflect further additions to the Prevailing Lists, not previously authorized by Council, as omissions to the Prevailing Lists become known. 3. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report.

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4. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Attachment 2, if adopted by City Council. 5. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client privilege and litigation privilege.

On the record

The item as the City filed it

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