Item - 2019.PH7.3

Tracking Status

  • City Council adopted this item on July 16, 2019 with amendments.
  • This item was considered by the Planning and Housing Committee on July 3, 2019 and adopted without amendment. It will be considered by City Council on July 16, 2019.

PH7.3 - Appeals of City-wide Zoning By-law 569-2013 - Request for Direction

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 16, 17 and 18, 2019, adopted the following:

 

1.  City Council adopt the recommendations in Confidential Attachment 1 to the report (June 18, 2019) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Appendix A to Confidential Attachment 1 to the report (June 18, 2019) from the City Solicitor and Confidential Attachment 1 to the supplementary report (July 5, 2019) from the City Solicitor.
  

3.  City Council direct that all other information in Confidential Attachment 1 to the report (June 18, 2019) from the City Solicitor is to remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

 

The confidential recommendations in Confidential Attachment 1 to the report (June 18, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

 

1.  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 (June 18, 2019) from the City Solicitor.

 

2.  City Council authorize the City Solicitor and other appropriate City Staff to continue discussions with the Parties 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 (June 18, 2019) from the City Solicitor and to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor.

 

3.  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 (June 18, 2019) from the City Solicitor and Confidential Attachment 1 to the supplementary report (July 5, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of  Confidential Attachment 1 to the report (June 18, 2019) from the City Solicitor to remain 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 advice or communications that are subject to solicitor-client privilege This report contains advice or communications that are subject to solicitor-client privilege.

Background Information (Committee)

(June 18, 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-135023.pdf
Confidential Attachment 1 - Confidential Information
Appendix A to Confidential Attachment 1 - Confidential Information

Background Information (City Council)

Confidential Appendix A to Confidential Attachment 1 to report (June 18, 2019) from the City Solicitor - made public on July 26, 2019
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-136314.pdf
(July 5, 2019) Supplementary report from the City Solicitor on Appeals of City-wide Zoning By-law 569-2013 - Request for Direction (PH7.3a)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-135894.pdf
Confidential Attachment 1 to the Supplementary Report from the City Solicitor - made public on July 26, 2019
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-136285.pdf

Communications (Committee)

(June 30, 2019) Letter from Veronica Wynne, President, Swansea Area Ratepayer Association (PH.New.PH7.3.1)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-95829.pdf
(July 2, 2019) E-mail from Jessica Wilson, President, Ossington Community Association, Representative, West Side Community Council, Vice Chair, Confederation of Resident & Ratepayers Associations in Toronto (PH.New.PH7.3.2)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-95831.pdf
(June 30, 2019) Letter from Veronica Wynne, Secretary and Geoff Kettel, Vice-Chair, Confederation of Resident and Ratepayer Associations in Toronto (PH.New.PH7.3.3)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-95847.pdf
(July 2, 2019) Letter from Cathie Macdonald, Co-Chair of Federation of North Toronto Residents' Associations (PH.New.PH7.3.4)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-95894.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Carried)

That City Council adopt the recommendation in the supplementary report (July 5, 2019) from the City Solicitor [PH7.3a]:

  

1. City Council authorize the public release of Confidential Attachment 1 to the Supplementary Report (July 5, 2019) from the City Solicitor if City Council adopts the Planning and Housing Committee's recommendations in Item PH7.3.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-18-2019 9:56 AM

Result: Carried Majority Required - PH7.3 - Adopt the item as amended
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are James Pasternak, Anthony Perruzza, Jaye Robinson

PH7.3 - 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. 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 recommendations in Confidential Attachment 1 to the report (June 18, 2019) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Appendix A to Confidential Attachment 1 to the report (June 18, 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 (June 18, 2019) from the City Solicitor is to remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

Origin

(June 18, 2019) Report from from the City Solicitor

Summary

On March 1, 2018, the Ontario Municipal Board (OMB), predecessor of the Local Planning Appeal Tribunal (LPAT) issued its Decision and Order on the Phase 2 Hearing of the appeals of By-law 569-2013 concerning the regulations of the Chapter 10 Residential Zone Category.  The OMB ordered the City to review certain regulations in Chapter 10 mainly relating to height with some specifically for lots with frontages of 12 metres or less.

 

The continuation of the Phase 2 Hearing has been scheduled by the LPAT for October 16-18, 2019 to consider the results of the City's review and the City Solicitor is seeking direction from City Council.

Background Information

(June 18, 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-135023.pdf
Confidential Attachment 1 - Confidential Information
Appendix A to Confidential Attachment 1 - Confidential Information

Communications

(June 30, 2019) Letter from Veronica Wynne, President, Swansea Area Ratepayer Association (PH.New.PH7.3.1)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-95829.pdf
(July 2, 2019) E-mail from Jessica Wilson, President, Ossington Community Association, Representative, West Side Community Council, Vice Chair, Confederation of Resident & Ratepayers Associations in Toronto (PH.New.PH7.3.2)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-95831.pdf
(June 30, 2019) Letter from Veronica Wynne, Secretary and Geoff Kettel, Vice-Chair, Confederation of Resident and Ratepayer Associations in Toronto (PH.New.PH7.3.3)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-95847.pdf
(July 2, 2019) Letter from Cathie Macdonald, Co-Chair of Federation of North Toronto Residents' Associations (PH.New.PH7.3.4)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-95894.pdf

Speakers

Geoff Kettel, Confederation of Resident and Ratepayer Associations in Toronto (CORRA)

Motions

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