Item - 2019.PH8.6

Tracking Status

  • City Council adopted this item on October 2, 2019 without amendments and without debate.
  • This item was considered by the Planning and Housing Committee on September 17, 2019 and adopted without amendment. It will be considered by City Council on October 2, 2019.

PH8.6 - Appeals of City-wide Zoning By-law 569-2013 - Request for Direction

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on October 2 and 3, 2019, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

 

1.  City Council authorize the City Solicitor to submit to the Local Planning Appeal Tribunal the proposed revisions to By-law 569-2013 in Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

 

2.  City Council authorize the City Solicitor and appropriate City staff to attend the  Local Planning Appeal Tribunal to present and support the proposed revisions to By-law 569-2013 in Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

 

3.  City Council authorize the City Solicitor and other appropriate City Staff to continue discussions with the Appellant for further revisions that are substantially in accordance with proposed revisions to By-law 569-2013 in Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor and to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor.

 

4.  City Council authorize the City Solicitor to retain outside consultants, as necessary, to support City Council's decision.

 

Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) 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 (September 3, 2019) 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 - This report is about litigation or potential litigation that affects the City or one of its agencies or corporations and this report contains advice or communications that are subject to solicitor-client privilege.

Background Information (Committee)

(September 3, 2019) Report from the City Solicitor on Appeals of City-wide Zoning By-law 569-2013 - Request for Direction
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-137124.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A to Confidential Attachment 1 - Confidential Information

Background Information (City Council)

Confidential Appendix A - made public on October 10, 2019
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-138798.pdf

Communications (Committee)

(September 14, 2019) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (PH.New.PH8.6.1)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-96952.pdf

Communications (City Council)

(October 1, 2019) E-mail from Nicole Corrado (CC.Supp.PH8.6.2)
(October 2, 2019) Letter from Eileen Denny (CC.New.PH8.6.3)

PH8.6 - Appeals of City-wide Zoning By-law 569-2013 - Request for Direction

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Confidential Attachment - This report is about litigation or potential litigation that affects the City or one of its agencies or corporations and this report contains advice or communications that are subject to solicitor-client privilege.

Committee Recommendations

The Planning and Housing Committee recommends that:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix "A" to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor, if they are adopted by City Council.

 

3.  City Council direct that all other information in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor is to remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

Decision Advice and Other Information

The Planning and Housing Committee recessed its public session to meet in closed session to consider this item as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations, and contains advice or communications that are subject to solicitor-client privilege.

Origin

(September 3, 2019) Report from the City Solicitor

Summary

On May 8, 2019 the Local Planning Appeal Tribunal (LPAT) issued its Decision and Order on the Phase 3 Hearing of the appeals of the city-wide Zoning By-law 569-2013 concerning the regulations of the Chapter 15 Residential Apartment Zone Category and Chapter 30 the Commercial Zone Category.  The LPAT ordered the City to prepare revised regulations to include townhouses as a permitted building type in the Residential Apartment zone in consultation with the appellant.

 

The LPAT ordered to City to advise the Tribunal of the revised regulations and any other provisions or changes to By-law 569-2013 required to give effect to the permissions for townhouses in the RA zone by November 8, 2019.  The City Solicitor is seeking direction from City Council.

Background Information

(September 3, 2019) Report from the City Solicitor on Appeals of City-wide Zoning By-law 569-2013 - Request for Direction
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-137124.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A to Confidential Attachment 1 - Confidential Information

Communications

(September 14, 2019) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (PH.New.PH8.6.1)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-96952.pdf

Motions

Motion to Meet in Closed Session moved by Councillor Ana Bailão (Carried)

12:24 p.m. - That the Planning and Housing Committee meet in closed session to consider item PH8.6 as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations, and contains advice or communications that are subject to solicitor-client privilege.


Motion to Adopt Item moved by Councillor Gord Perks (Carried)
Source: Toronto City Clerk at www.toronto.ca/council