Official Plan Amendment 387 Local Planning Appeal Tribunal Appeal - Lands generally bounded by Don Roadway, DVP, Sunlight Park Road, Eastern Avenue, Coxwell Avenue, and Lake Shore Boulevard East; and Broadview Avenue from Queen Street East to Sunlight Park Road/Eastern Avenue - Request for Direction

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The decision

2019-06-18 · Toronto City Council · adopted

As filed

City Council on June 18 and 19, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 10, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix B to the report (June 10, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix A to the report (June 10, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (June 10, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council endorse the Settlement Proposal as outlined in the draft Minutes of Settlement in Confidential Appendix A to the report (June 10, 2019) from the City Solicitor. 2. City Council authorize the City Solicitor to execute Minutes of Settlement with the Toronto Port Authority. 3. City Council direct the City Solicitor to request that the Local Planning Appeal Tribunal approve Official Plan Amendment 387, subject to an amendment to the footnote in Clause 5 regarding Broadview Avenue to acknowledge that Phases 3 and 4 of the Environmental Assessment process will consider various alternative designs for the extension of Broadview Avenue and Bouchette Street, taking into account continued rail access into and out of the Port Lands, the "Proposed Footnote Amendment", shown in Confidential Appendix B to the report (June 10, 2019) from the City Solicitor. 4. City Council authorize the City Solicitor and any other City staff to take such further actions as necessary to give effect City Council's decision. Confidential Appendix B to the report (June 10, 2019) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendix A to the report (June 10, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (June 10, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Official Plan Amendment 387 was adopted by City Council on February 1, 2018 by By-law 87-2018 ("OPA 387"). OPA 387 amends the City of Toronto Official Plan (the "Official Plan") by altering the right-of-way widths for certain existing roadways shown on Map 3; by identifying the Broadview Avenue extension on Map 5 as a surface transit priority route; and by identifying the extensions of Broadview Avenue and Bouchette Street as planned but unbuilt roads on Schedule 2, along with other new streets in the South of Eastern area.

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OPA 387 was appealed by the Toronto Port Authority ("Ports Toronto") to the Local Planning Appeal Tribunal ("LPAT") on March 1, 2018 (the "Appeal"). On May 10, 2019, the parties, including the City, the appellant Ports Toronto, and First Gulf, attended Tribunal-led mediation which resulted in a settlement proposal that would resolve the Appeal and allow OPA 387 to come into force (the Settlement Proposal). The purpose of this report is to seek instructions regarding the Settlement Proposal. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and Confidential Appendix B, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 and Confidential Appendix

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A are to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

On the record

The item as the City filed it

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