Item - 2018.TE33.15

Tracking Status

TE33.15 - North Downtown Yonge Site and Area-Specific Policy No. 382 - Official Plan Amendment 183 - Request for Direction

Decision Type:
ACTION
Status:
Adopted
Ward:
27 - Toronto Centre-Rosedale

City Council Decision

City Council on June 26, 27, 28 and 29, 2018, adopted the following:

 

1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (May 14, 2018) from the City Solicitor.

 

2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to the report (May 14, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 14, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

 

The confidential recommendations in Confidential Attachment 1 to the report (May 14, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

  

 1. City Council instruct the City Solicitor and any appropriate City staff to attend at the Local Planning Appeal Tribunal in respect of the appeals of the North Downtown Yonge Site and Area Specific Policy 382 (Official Plan Amendment 183) and the Historic Yonge Street Heritage Conservation District Plan in support of the proposed policy harmonization strategy set out in Confidential Appendix A to Confidential Attachment 1 the report (May 14, 2018) from the City Solicitor, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the Senior Manager, Heritage Preservation Services and the City Solicitor.

 

2. City Council authorize the City Solicitor to make technical and stylistic changes as may be required to the amendments to Official Plan Amendment 183 and the Historic Yonge Street Heritage Conservation District Plan set out in Confidential Appendix A to Confidential Attachment 1 the report (May 14, 2018) from the City Solicitor.

 

Confidential Appendix A to Confidential Attachment 1 to the report (May 14, 2018) 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 (May 14, 2018) 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.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Background Information (Community Council)

(May 14, 2018) Report from City Solicitor - North Downtown Yonge Site and Area-Specific Policy No. 382 - Official Plan Amendment 183 - Request for Direction
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-115620.pdf
(May 14, 2018) Confidential Attachment 1 and Appendix A

Background Information (City Council)

Confidential Appendix A - made public on July 9, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-118538.pdf

Communications (City Council)

(June 21, 2018) E-mail from Michael Domovitch, President, 1734141 Ontario Limited (CC.Supp.TE33.15.1)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-85148.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-26-2018 2:47 PM

Result: Carried Majority Required - TE33.15 - Adopt the item
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Christin Carmichael Greb, Michael Ford, Mary Fragedakis, Michelle Holland, Mike Layton

TE33.15 - North Downtown Yonge Site and Area-Specific Policy No. 382 - Official Plan Amendment 183 - Request for Direction

Decision Type:
ACTION
Status:
Adopted
Ward:
27 - Toronto Centre-Rosedale

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (May 14, 2018) from the City Solicitor.

 

2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (May 14, 2018) from the City Solicitor as well as Appendix A of Confidential Attachment 1, with the remainder of Confidential Attachment 1 to remain confidential as it contains advice subject to solicitor-client privilege.

Origin

(May 14, 2018) Report from City Solicitor

Summary

The purpose of this report is to request City Council's direction with respect to the North Downtown Yonge Site and Area Specific Policy No. 382 (Official Plan Amendment (OPA) 183) as it relates to the Historic Yonge Street Heritage Conservation District (HCD) Plan.

 

The North Downtown Yonge Site and Area Specific Policy No. 382 (OPA 183) provides a planning framework for new development within an area generally bounded by Charles Street to the north, Church Street to the east, College/Carlton Street to the south, and Bay Street to the west.  The policy was approved by City Council in 2013 and was subject to several appeals to the Ontario Municipal Board (OMB).

 

The appeals that related to the general application of OPA 183, as opposed to site-specific appeals, have now been dealt with through OMB hearings known as Phase 1 and have resulted in an OMB decision and order issued August 25, 2017.  The decision brought much of OPA 183 into effect but generally any policy related to heritage preservation and the Yonge Street Character Area is still under appeal and will be dealt with through Phase 2 of the OMB appeals.

 

City Council designated the Historic Yonge Street HCD on March 10, 2016 and adopted the Historic Yonge Street HCD Plan under by-law 235-2016 in order to manage change within the district and conserve the area's cultural heritage value.  Council directed the City Solicitor to appear before the Ontario Municipal Board, now the Local Planning Appeal Tribunal (LPAT), to defend the by-law in the case of any appeals.  The designation and Plan were subsequently appealed to the OMB.

Background Information

(May 14, 2018) Report from City Solicitor - North Downtown Yonge Site and Area-Specific Policy No. 382 - Official Plan Amendment 183 - Request for Direction
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-115620.pdf
(May 14, 2018) Confidential Attachment 1 and Appendix A

Motions

Motion to Adopt Item moved by Councillor Kristyn Wong-Tam (Carried)
Source: Toronto City Clerk at www.toronto.ca/council