Port Lands Official Plan Modification Local Planning Appeal Tribunal Appeals - Request for Direction

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The decision

2020-06-29 · Toronto City Council · adopted

As filed

City Council on June 29 and 30, 2020 adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 19, 2020) 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 (June 19, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices B and C to the report (June 19, 2020) from the City Solicitor remain confidential at the discretion of the City Solicitor as they contain information that is subject to solicitor-client and settlement privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (June 19, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council endorse the Proposed Policy Modifications as outlined in the Proposed Policy Modifications Table, Confidential Appendix A to the report (June 19, 2020) from the City Solicitor. 2. City Council authorize the City Solicitor and any other City staff to support the Proposed Policy Modifications at the Local Planning Appeal Tribunal hearing of the Port Lands Official Plan Modification appeals. 3. City Council endorse the Goods Movement Settlement Proposal as outlined in Confidential Appendix B to the report (June 19, 2020) from the City Solicitor. 4. City Council endorse the CRH Commissioners Street right-of-way Settlement Proposal as outlined in Confidential Appendix C to the report (June 19, 2020) from the City Solicitor. 5. City Council authorize the City Solicitor to execute Minutes of Settlement with the Toronto Port Authority, Lafarge Canada Inc. and CRH Canada Group Inc. as required to implement Parts 3 and 4 above. 6. City Council authorize the City Solicitor and any other City staff to take such further actions as necessary to give effect to City Council's decision. Confidential Appendix A to the report (June 19, 2020) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendices B and C to the report (June 19, 2020) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain information that is subject to solicitor-client and settlement privilege. The balance of Confidential Attachment 1 and Confidential Appendices B and C to the report (June 19, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

The Port Lands Official Plan Modification (the "Port Lands OPM" or "OPM") was endorsed by City Council in December of 2017. The Port Lands OPM modifies OPA 257, referred to as the Central Waterfront Secondary Plan (the "CWSP"). OPA 257 was an amendment to the former City of Toronto Official Plan. The CWSP was appealed in 2003 and is not yet in force for the Port Lands geography. Several appellants of the CWSP, including public agencies, existing industries, and private owners with development aspirations, have raised issues with the Port Lands OPM.

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A six-week hearing for the Port Lands OPM is scheduled to be heard by the Local Planning Appeal Tribunal (LPAT) commencing on September 1, 2020. This is the first phase of the hearing, which is dealing only with land use and transportation issues. Subsequent hearing phases will address the balance of the issues. The purpose of this report is to seek instructions that would potentially resolve or narrow the scope of some issues for the hearing. 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 and Confidential Appendix A, once adopted by City Council. 3. City Council direct that the remainder of Confidential Attachment 1 and Confidential Appendices B and C are to remain confidential at the discretion of the City Solicitor, as they contain information that is subject to solicitor-client and settlement privilege.

On the record

The item as the City filed it

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