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

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The decision

2021-02-02 · Toronto City Council · adopted

As filed

City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council endorse the terms of settlement for the appeals of the Governing Council of the University of Toronto, the Toronto Catholic District School Board, Ryerson University, Sinai Health System, St. Michael's Hospital, and University Health Network (the "Institutional Appeals") set out in Confidential Attachment 2 to the report (January 25, 2021) 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 352 in order to implement the settlement of the Institutional Appeals in accordance with Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor. 3. 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 described in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor, with the form of the Amending By-laws to be finalized to the satisfaction of the Chief Planner and the City Solicitor. 4. City Council authorize the City Solicitor to advance such stylistic and technical changes to the Amending By-laws as may be required at the Local Planning Appeal Tribunal. 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 to the report (January 25, 2021) 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 (January 25, 2021) 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 adopt OPA 352 and to enact 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. Since 2016, the LPAT has conducted six Pre-Hearing/Case Management Conferences ("CMC") with respect to OPA 352 and the Amending By-laws. During these events, the LPAT identified and categorized appellants/parties, and issued procedural directions in order to ensure a cost-effective and efficient hearing. At the most recent CMC, the LPAT scheduled a two-week hearing scheduled to begin on March 15, 2021. The LPAT identified a category of appellants and parties with carriage of appeals filed on behalf of universities, hospitals and a school board ("Institutional Appellants" and "Institutional Appeals"). The Institutional Appellants identified concerns that Official Plan Amendment 352 ("OPA 352") and Zoning By-laws 1106-2016 and 1107-2016 ("Amending By-laws"), as adopted by City Council, did not adequately address their unique programmatic requirements. Further, the Institutional Appellants' issues were not resolved through the proposed modifications to OPA 352 ("Modified OPA 352") and the Amending By-laws that were adopted in principle by City Council at its meeting on November 25 and 26, 2020. When approved by the LPAT, the Modified OPA 352 would resolve all the general appeals of the instruments, in addition to many of the site-specific appeals. 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 adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Attachment 2, if adopted by City Council. 3. 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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