Item - 2015.PG2.6
Tracking Status
- City Council adopted this item on March 31, 2015 without amendments.
- This item was considered by Planning and Growth Management Committee on February 24, 2015 and was adopted with amendments. It will be considered by City Council on March 31, 2015.
PG2.6 - Proposed Settlement of Appeals to Official Plan Amendment 199 - Heritage Policies
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on March 31, April 1 and 2, 2015, adopted the following:
1. City Council adopt confidential instructions 1 and 2 in Confidential Attachment 1 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor.
2. City Council authorize the public release of the confidential information and confidential instructions 1 and 2 in Confidential Attachment 1, and Confidential Attachment 3, to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor.
3. City Council direct that confidential instruction 3 in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor remain confidential in their entirety.
4. City Council adopt the confidential instructions to staff in Confidential Attachments 1 and 2 to the supplementary report (February 18, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor.
5. City Council authorize the public release of the confidential information and confidential instructions to staff in Confidential Attachments 1, 2, 3 to the supplementary report (February 18, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor.
The following confidential instructions 1 and 2 in Confidential Attachment 1 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor were adopted by City Council and are now public:
1. City Council authorize the City Solicitor to submit the revised version of Official Plan Amendment 199 attached as Confidential Attachment 3, as amended, to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor, as the basis of settlement of the appeals to OPA 199 by the Cadillac Fairview Corporation, the Roman Catholic Episcopal Corporation for the Diocese of Toronto, Redpath Sugar, and the Wychwood Park Ratepayers Association, and as the basis of the partial settlement of the appeal of OPA 199 by the Building Industry and Land Development (BILD) Association.
2. City Council authorize the City Solicitor to make any stylistic or technical changes as required to the revised version of Official Plan Amendment 199 attached as Confidential Attachment 3, as amended, to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor.
The following confidential instructions to staff in Confidential Attachments 1 and 2 to the supplementary report (February 18, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor were adopted by City Council and are now public:
1. City Council direct the City Solicitor to support the settlement of the appeals to OPA No. 199 in accordance with Confidential Attachment 2 to the supplementary report (February 18, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor.
2. City Council adopt the Protocol contained in Confidential Attachment 3 to the supplementary report (February 18, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor pertaining to 'The Identification and Review of Heritage Places of Worship'.
3. City Council further modify Confidential Attachment 3 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor, comprising the version of OPA 199 incorporating proposed settlement wording, by:
a. deleting the last sentence of Section 3.1.5 Policy 2;
b. deleting the words 'Significant heritage' from the beginning of Section 3.1.5. Policy 3 and replacing them with the words 'Heritage properties of cultural heritage value or interest';
c. deleting the words 'is not feasible' from the second sentence of Section 3.1.5 Policy 36, and adding, after the word 'Where', the words 'mitigative measures and/or alternative development approaches would not feasibly allow for';
d. deleting the words 'in situ conservation is possible' from Section 3.1.5 Policy 37 and replacing them with the words 'is being conserved';
e. deleting the sidebar pertaining to Cultural Heritage Landscapes that appears after Section 3.1.5 Policy 43 and replacing it with the following:
'SIDEBAR
The City will establish a citywide guideline for identifying and evaluating potential cultural heritage landscapes prior to including individual cultural heritage landscapes on the Heritage Register or designating them under the Ontario Heritage Act. Such a guideline will be adopted by Council and will include direction for the clear delineation of the boundaries of cultural heritage landscapes at the time of their listing or designation, as appropriate.' And
f. italicizing the word 'significant' where it appears in Section 3.1.5 Policies 9 and 30.
The confidential information in Confidential Attachment 1, and Confidential Attachment 3 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor, are now public and can be accessed under Background Information (City Council).
Confidential instruction 3 in Confidential Attachment 1, and Confidential Attachment 2 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006 as they pertain to litigation or potential litigation affecting the municipality or local board.
The confidential information in Confidential Attachment 1, and Confidential Attachment 3 to the supplementary report (February 18, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor are now public and can be accessed under Background Information (City Council). Confidential Attachment 2 to the supplementary report (February 18, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor, was made public as part of Council's decision above.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in closed session on March 31, 2015, to consider confidential information on this Item as it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. City Council subsequently considered this Item in public session only.
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-76166.pdf
Confidential Attachment 1 - Proposed Settlement of Appeals to Official Plan Amendment 199 - Heritage Policy
Confidential Attachment 2 - Outstanding Issues Related to BILD's Appeals to Official Plan Amendment 199 - Heritage Policies
Confidential Attachment 3 - Amendment No. 199 to the Official Plan Incorporating Proposed Settlement Wording
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-79015.pdf
Confidential Attachment 3 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor - made public on April 13, 2015
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-79016.pdf
Confidential Information in Confidential Attachment 1 to the supplementary report (February 18, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor - made public on April 13, 2015
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-79017.pdf
Confidential Attachment 3 to the supplementary report (February 18, 2015) from the Chief Planner and the Executive Director, City Planning and the City Solicitor - made public on April 13, 2015
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-79018.pdf
Communications (Committee)
https://www.toronto.ca/legdocs/mmis/2015/pg/comm/communicationfile-51568.pdf
Motions (City Council)
March 31, 2015 at 7:37 p.m. - Speaker Nunziata advised that City Council had not considered Item PG2.6 in the closed session.
6a - Supplementary Report: Proposed Settlement of Appeals to Official Plan Amendment 199 - Heritage Policies
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-76781.pdf
Attachment 1: Confidential Information Revisions to Proposed Settlement of Appeals to Official Plan Amendment No. 199 - Heritage Policies
Attachment 2: Confidential Information Further Proposed Settlements of Appeals to Official Plan Amendment No. 199
Attachment 3: Confidential Information Protocol for the Identification and Review of Heritage Places of Worship
PG2.6 - Proposed Settlement of Appeals to Official Plan Amendment 199 - Heritage Policies
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Committee Recommendations
The Planning and Growth Management Committee recommends that:
1. City Council adopt Recommendations 1 and 2 of the confidential instructions to staff in Attachment 1 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor, Legal Services.
2. City Council authorize the public release of the confidential information and Recommendations 1 and 2 in Attachment 1 and Attachment 3 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor, Legal Services, if adopted.
3. Recommendation 3 in Attachment 1 and Attachment 2 to the report (January 30, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor, Legal Services remain confidential in its entirety.
4. City Council adopt the confidential instructions to staff in Attachment 1 and 2 to the Supplementary Report (February 18, 2015), from the Chief Planner and Executive Director, City Planning and the City Solicitor, Legal Services.
5. City Council authorize the public release of the confidential information and recommendations in Attachment 1, and Attachments 2 and 3 to the Supplementary Report (February 18, 2015) from the Chief Planner and Executive Director, City Planning and the City Solicitor, Legal Services, if the confidential recommendations are adopted.
Origin
Summary
Official Plan Amendment No. 199 was adopted by City Council as part of the Official Plan Five Year Review on April 3, 2013. The Minister of Municipal Affairs and Housing issued a decision to approve OPA 199 without amendment on November 6, 2014. Forty-nine appeals of the decision were lodged with the Ontario Municipal Board. While the majority of the appeals are protective appeals to provide that certain applications be exempted from the policies of OPA 199 there are a number of policy appeals including appeals by the Building Industry and Land Development (BILD) who appealed the amendment in its entirety.
The hearing on OPA 199 is scheduled for two weeks commencing March 23, 2015. Through mediation at the Ontario Municipal Board in October 2014 City staff reached tentative settlements on the majority of the policy appeals except for two policies that BILD continues to object to. The purpose of this report is to seek City Council direction on these proposed settlements.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-76166.pdf
Confidential Attachment 1 - Proposed Settlement of Appeals to Official Plan Amendment 199 - Heritage Policy
Confidential Attachment 2 - Outstanding Issues Related to BILD's Appeals to Official Plan Amendment 199 - Heritage Policies
Confidential Attachment 3 - Amendment No. 199 to the Official Plan Incorporating Proposed Settlement Wording
Communications
https://www.toronto.ca/legdocs/mmis/2015/pg/comm/communicationfile-51568.pdf
Speakers
Motions
That Recommendation 1 of the January 30, 2015 report on Proposed Settlement of Appeals to Official Plan Amendment 199 - Heritage Policies be amended by adding "Recommendations 1 and 2 of" following "adopt" so that it now reads:
"1. Council adopt Recommendations 1 and 2 of the confidential instructions to staff in Attachment 1."
6a - Supplementary Report: Proposed Settlement of Appeals to Official Plan Amendment 199 - Heritage Policies
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Origin
Summary
This report provides information and recommendations with respect to additional proposed settlements pertaining to Official Plan Amendment No. 199.
In the report of January 30, 2015 staff advised that two general appeals submitted by the Building Industry and Land Development (BILD) Association remained unresolved. The first related to the last sentence of Policy 2 in Section 3.1.5 which linked being on the City's Heritage Register to being 'significant' for the purposes of the Provincial Policy Statement. The second was the use of the term 'feasible' in Policies 36 and 37 in reference to whether archaeological resources could be conserved 'in situ'. In addition, city staff and BILD representatives were still negotiating on the wording of a sidebar concerning the identification of 'cultural heritage landscapes'.
A further unresolved issue pertained to a City protocol for the identification and review of heritage places of worship that was requested by Council and relates to the settlement of the appeal of the Archdiocese of Toronto.
On February 6, 2015 city staff reached a tentative settlement on the remaining outstanding matters related to the policy appeals to OPA 199. This report seeks Council direction on these additional settlement proposals that if approved will result in a comprehensive settlement of all general policy appeals to OPA 199 eliminating the need for a full hearing of these matters.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/pg/bgrd/backgroundfile-76781.pdf
Attachment 1: Confidential Information Revisions to Proposed Settlement of Appeals to Official Plan Amendment No. 199 - Heritage Policies
Attachment 2: Confidential Information Further Proposed Settlements of Appeals to Official Plan Amendment No. 199
Attachment 3: Confidential Information Protocol for the Identification and Review of Heritage Places of Worship