Item - 2021.PB25.9

The Toronto Preservation Board recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (May 28, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B and Confidential Appendix C to the report (May 28, 2021) from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to the report (May 28, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

The Toronto Preservation Board recessed its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege or communications that are subject to solicitor-client privilege and contains information regarding potential litigation.

On February 22, 2019, the Governing Council of the University of Toronto, submitted a Zoning By-law Amendment Application that was deemed complete March 29, 2019, for the lands municipally known as 78-90 Queen's Park (the "Site").  The Subject Lands are located within the University of Toronto Secondary Plan.

The application proposes to permit a nine-storey institutional building with an overall height of approximately 43 metres and a gross floor area of approximately 14,770 square metres for the property at 78-90 Queen's Park. Falconer Hall and the Edward Johnson building are proposed to be retained, conserved and integrated into the development while the McLaughlin Planetarium is proposed to be demolished.

On October 15, 2020, Heritage Planning recommended the designation of the properties at 80 and 84 Queen's Park and recommended alterations to the properties in support of the plans and drawings dated March 18, 2020.  However, Toronto and East York Community Council deferred consideration of the item.

On October 19, 2020, the applicant appealed their zoning application to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision within the statutory timeframe.

On February 2, 2021, City Council directed the City Solicitor and relevant staff to attend the LPAT and request and engage in mediation with all parties in an effort to resolve the outstanding matters related to the rezoning application, and to report back to City Council on the outcome of the mediation and to seek direction for the hearing of the appeals. LPAT-assisted mediation took place over 4 days on April 13, 14, 19 and 20, 2021.

The purpose of this report is to request further instructions regarding a matter appealed to the Local Planning Appeal Tribunal (LPAT).