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Toronto City Council · 2022-03-09 · 2022.CC41.6

The filed record

Designation of the King-Spadina Heritage Conservation District under Part V of the Ontario Heritage Act - Request for Directions

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The decision

2022-03-09 · Toronto City Council · adopted

As filed

City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, and Confidential Appendices A and B to the report (March 1, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor and other appropriate staff to attend the Ontario Land Tribunal in support of the revisions to the King Spadina Heritage Conservation District and King-Spadina Heritage Conservation District Plan (the "King-Spadina HCD") as set out in and substantially in accordance with Confidential Appendix A to the report (March 1, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed revisions to the King-Spadina Heritage HCD contained in Confidential Appendix A to the report (March 1, 2022) from the City Solicitor, as deemed necessary by and at the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning and to ensure that such stylistic and technical changes are reflected within the King-Spadina HCD Plan's policies, guidelines, schedules, appendices and maps. 3. City Council authorize the City Solicitor and Senior Manager, Heritage Planning, in consultation with the Chief Planner and Executive Director, City Planning, to finalize an appendix to the King-Spadina HCD to recognize development applications approved prior to the date of disposition of the matter by the Ontario Land Tribunal for transition purposes as outlined in Appendix F of Confidential Appendix A to the report (March 1, 2022) from the City Solicitor. 4. City Council direct the City Solicitor to continue negotiations with other appellants to the King-Spadina HCD and City Council authorize the City Solicitor, in consultation with the Senior Manager, Heritage Planning and the Chief Planner and Executive Director, City Planning to make such further changes required to implement a negotiated settlement, if, in the opinion of the City Solicitor, it would resolve one or more appeals. 5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A and B to the report (March 1, 2022) 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 (March 1, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

City Council designated the King-Spadina Heritage Conservation District and adopted the King-Spadina Heritage Conservation District Plan (the "King-Spadina HCD") under Part V of the Ontario Heritage Act at its meeting of October 2, 2017. The King-Spadina HCD was subsequently appealed to the Ontario Land Tribunal (the "OLT"). The OLT had scheduled a 20 day hearing on the merits of the King-Spadina HCD commencing on April 6, 2020, but it was subsequently adjourned.

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In order to move forward with this matter, the City Solicitor requires further direction.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix A, and Confidential Appendix B to the report (March 1, 2022) from the City Solicitor, if adopted by City Council.

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3. City Council direct that all other information contained in Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

    On the record

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