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Toronto City Council · 2020-12-16 · 2020.CC27.5

The filed record

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

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The decision

2020-12-16 · Toronto City Council · amended

As filed

City Council on December 16, 17 and 18, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 15, 2020) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 15, 2020) from the City Solicitor; and b.

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Confidential Appendix C to the report (December 9, 2020) from the City Solicitor. 3. City Council direct that the following remain confidential at the discretion of the City Solicitor, as they contain information that is subject to solicitor-client and settlement privilege: a. Confidential Attachment 1 and Confidential Appendices A and B to the report (December 9, 2020) from the City Solicitor; b. the balance of Confidential Attachment 1 to the supplementary report (December 15, 2020) from the City Solicitor; and c. Confidential Appendices A, B and C to the supplementary report (December 15, 2020) from the City Solicitor. 4. City Council classify the Media City, Turning Basin and Hearn Districts as Class 4 areas under the Ministry of Environment (now Ministry of Environment, Conservation and Parks) Environmental Noise Guideline, Stationary and Transportation Sources - Approval and Planning, Publication NPC-300, August 2013, and City Council request the Chief Planner and Executive Director, City Planning to include a non-statutory map (Public Attachment 1) in the Central Waterfront Secondary Plan showing areas classified as Class 4 areas in the Central Waterfront. The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 15, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council endorse the Ontario Power Generation Inc./Portlands Energy Centre (OPG/PEC) Settlement Proposal as outlined in Appendix B to the report (December 9, 2020) from the City Solicitor including the revision of the maps in the OPM to reflect the alignment of Unwin Avenue as contained in Appendix C to the report (December 9, 2020) from the City Solicitor. 2. City Council endorse the Pinewood Settlement Proposal, as outlined in Confidential Appendix A to the supplementary report (December 15, 2020) from the City Solicitor. 3. City Council endorse the Toronto Hydro and Hydro One Settlement Proposal as outlined in Confidential Appendix B to the supplementary report (December 15, 2020) from the City Solicitor. 4. City Council endorse the Proposed Modifications as set out in the Port Lands Official Plan Modification Blackline, attached as Appendix C to the supplementary report (December 15, 2020) from the City Solicitor. 5. City Council authorize the City Solicitor and any other City staff to support the Proposed Modifications at the Local Planning Appeal Tribunal hearing of the Port Lands Official Plan Modification appeals. 6. City Council authorize the City Solicitor to execute Minutes of Settlement as required to implement Parts 1, 2 and 3 above. 7. City Council instruct the Deputy City Manager, Infrastructure and Development Services and any other City staff to establish a senior executive table and to advance the negotiation of the Memorandum of Understanding in accordance with the Hydro One Settlement Proposal. 8. City Council instruct the General Manager, Transportation Services, working with the Chief Planner and Executive Director, City Planning, to initiate Phases 3 and 4 of the Municipal Class Environmental Assessment process for the Broadview extension south of Lake Shore Boulevard East and for the east-west street, referred to as Realigned Basin Street, south of Commissioners Street once the City, Waterfront Toronto, Hydro One and Toronto Hydro have entered into a Memorandum of Understanding. 9. 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 C to the report (December 9, 2020) from the City Solicitor is now public and can be accessed under Background Information (City Council). Confidential Attachment 1 and Confidential Appendices A and B to the report (December 9, 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. Confidential Attachment 1 and Confidential Appendices A and B to the report (December 9, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the supplementary report (December 15, 2020) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client and settlement privilege. The balance of Confidential Attachment 1 to the supplementary report (December 15, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Appendices A, B and C to the supplementary report (December 15, 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. Confidential Appendices A, B and C to the supplementary report (December 15, 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 first endorsed by City Council in December of 2017. Several appellants of the CWSP, including public agencies, existing industries, and private owners with development aspirations, have raised issues with the Port Lands OPM and a six-week Local Planning Appeal Tribunal (LPAT) hearing was scheduled begin on September 1, 2020 to deal with the land use and transportation issues (the Phase 1 Port Lands OPM Hearing).

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The hearing was adjourned to early 2021 to allow for Tribunal-assisted mediation, which took place over numerous days in October and November, 2020. 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 contained in Confidential Attachment 1 and all of Confidential Appendix A and Confidential Appendix C, once adopted by City Council. 3. City Council direct that the remainder of Confidential Attachment 1 and Confidential Appendix B are to 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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4. City Council classify the Media City, Turning Basin and Hearn Districts as Class 4 areas under the Ministry of Environment (now Ministry of Environment, Conservation and Parks) Environmental Noise Guideline, Stationary and Transportation Sources - Approval and Planning, Publication NPC-300, August 2013, and request the Chief Planner and Executive Director, City Planning to include a non-statutory map (Public Attachment 1) in the Central Waterfront Secondary Plan showing areas classified as Class 4 areas in the Central Waterfront.

    On the record

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