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Toronto City Council · 2023-06-14 · 2023.CC7.21

The filed record

King-Spadina Secondary Plan - City-initiated Official Plan Amendment - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-06-14 · Toronto City Council · adopted

As filed

City Council on June 14 and 15, 2023, adopted the following: 1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (June 2, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to the report (June 2, 2023) from the City Solicitor at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (June 2, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The confidential recommendations to staff in Confidential Attachment 1 to the report (June 2, 2023) from the City Solicitor were adopted by City Council, and the following confidential recommendations to staff have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows: 1. City Council authorize the City Solicitor and other appropriate staff to request the Ontario Land Tribunal to modify and partially approve policies and maps in Official Plan Amendment 486 substantially in accordance with Confidential Appendix A to the report (June 2, 2023) from the City Solicitor. 2. City Council authorize the City Solicitor to make such stylistic and technical changes, including any revisions to Maps and references within Official Plan Amendment 486 to implement the proposed modifications contained in Confidential Appendix A to the report (June 2, 2023) from the City Solicitor, including any associated policies and maps contained within the King-Spadina Secondary Plan, as deemed necessary by and at the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning. 3. City Council direct that the 2004 King-Spadina Urban Design Guidelines and the 2006 King-Spadina Urban Design Guidelines are repealed for lands and developments subject to the policies contained in Official Plan Amendment 486 (as modified and approved by the Ontario Land Tribunal). 4. City Council authorize the City Solicitor and appropriate staff to take such steps to give effect to City Council's decision. Confidential Appendix A to the report (June 2, 2023) 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 (June 2, 2023) from the City Solicitor, including the balance of the confidential instructions to staff adopted by City Council, remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (June 2, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On January 29, 2020, City Council adopted Official Plan Amendment 486, which amended the existing Chapter 6, Section 16, King-Spadina Secondary Plan of the Official Plan. The Secondary Plan was subsequently appealed to the Ontario Land Tribunal by 46 appellants. On December 15-17, 2021, City Council provided directions to the City Solicitor regarding the appeals of Official Plan Amendment 486. On May 11, 2022, City Council provided further direction to the City Solicitor regarding the appeals of Official Plan Amendment 486.

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The Ontario Land Tribunal hearing was originally scheduled to commence on July 18, 2022 for 26 days, but it was adjourned. A 12 day hearing is scheduled to commence on August 14, 2023. Given this timing, this item is urgent and cannot be deferred. The purpose of this report is to request further instructions on this matter which is the subject of appeals to the Ontario Land Tribunal.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff contained in the Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

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3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

    On the record

    The item as the City filed it

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