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

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The decision

2022-12-14 · Toronto City Council · adopted

As filed

City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2022) 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 the report (November 29, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 29, 2022) from the City Solicitor remains confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2022) 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 Ontario Land Tribunal the proposed revisions to Zoning By-law 569-2013 in Confidential Appendix A to the report (November 29, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to present and support the proposed revisions to Zoning By-law 569-2013 in Confidential Appendix A to the report (November 29, 2022) from the City Solicitor. 3. City Council authorize the City Solicitor and all other appropriate City staff to take such actions that are necessary to implement City Council's decision. Confidential Appendix A to the report (November 29, 2022) 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 (November 29, 2022) from the City Solicitor remains confidential in accordance with the provision of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

On the agenda

As the city filed it

On May 8, 2019 the Local Planning Appeal Tribunal, now the Ontario Land Tribunal ("OLT"), issued its Decision and Order (the "Decision" or "Order") on the Phase 3 Hearing of the appeals of the city-wide Zoning By-law 569-2013 ("By-law 569-2013") concerning the regulations of the Chapter 15 Residential Apartment Zone Category and the Chapter 30 Commercial Zone Category. The Conservatory Group was the lone appellant at the Hearing (the "Appellant" or "Conservatory Group").

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The main issue in the Phase 3 Hearing concerned whether townhouses are a permitted building type in the Residential Apartment ("RA"), Residential Apartment Commercial ("RAC") and Commercial Residential ("CR") Zones. Additionally, the Phase 3 Hearing considered whether townhouse-related regulations concerning driveway access and dimensions, and parking space locations are appropriate and thereby conform to the City's Official Plan. As part of its Order, the OLT 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 OLT also ordered the City to advise the Tribunal of the revised regulations and any other provisions or changes to By-law 569-2013 that are required to give effect to the permissions for townhouses in the RA Zone. These other regulations concerning townhouses pertain to driveway access and dimensions, and parking space locations. As a result of this Order, settlement discussions with the Conservatory Group ensued in order to resolve the issues pertaining to driveway access and dimensions, and parking space locations for townhouse uses in the RA Zone of By-law 569-2013. The Tribunal's May 08, 2019 Decision and Order (the "Decision" or "Order") did not specifically consider nor approve By-law 569-2013 regulations concerning driveway access and dimensions, and parking space locations pertaining to townhouse uses in the RA Zone. As a result, Planning Staff and Legal Services engaged in resolution discussions with the Appellant (Conservatory Group) in order to resolve differences pertaining to the drafting of these regulations, with the end of goal of implementing the Tribunal's Order. The City Solicitor is seeking direction from City Council, as a result of these settlement discussions.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 of this report. 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, if they are adopted by City Council. 3. City Council direct that all other information in Confidential

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Attachment 1 is to remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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