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Toronto City Council · 2021-02-02 · 2021.CC28.12

The filed record

Designation of the Garden District Heritage Conservation District under Part V of the Ontario Heritage Act - Request for Direction

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The decision

2021-02-02 · Toronto City Council · adopted

As filed

City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (January 27, 2021) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (January 27, 2021) 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 (January 27, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council direct the City Solicitor and other Staff to attend at the Local Planning Appeal Tribunal in support of the proposed revised policies to the Garden District Heritage Conservation District Plan as set out in and substantially in accordance with Confidential Attachments 2, 3 and 4 to the report (January 27, 2021) from the City Solicitor. 2. City Council direct the City Solicitor to continue negotiations with other appellants to the Garden District Heritage Conservation District Plan appeal in an effort to resolve all outstanding issues under appeal, to make minor amendments to the proposed revised policies, and to take all necessary steps to bring resolution to the entire matter, in consultation with the Chief Planner and Executive Director, City Planning. Confidential Attachments 2, 3 and 4 to the report (January 27, 2021) 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 (January 27, 2021) 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.

On the agenda

As the city filed it

City Council adopted the Garden District Heritage Conservation District and Garden District Heritage Conservation District Plan (the "Garden District HCD") at its meeting of January 31, 2017. The Garden District HCD was subsequently appealed to the Local Planning Appeal Tribunal (the "LPAT" or "Tribunal"). The LPAT scheduled a 15 day hearing on the merits of the Garden District HCD beginning August 17, 2020. At the request of the parties the hearing was adjourned to allow further discussion of outstanding issues.

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This report requests direction from City Council with respect to the results of that discussion and the continuing LPAT appeal process.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the confidential recommendations in Confidential Attachment 1 are adopted, City Council authorize the public release of: a. the recommendations contained in Confidential Attachment 1, with the remainder of Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege; and b. Confidential Attachment 2, 3, and 4.

    On the record

    The item as the City filed it

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