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←Toronto City Council · 2021-03-10 · 2021.CC30.12

The filed record

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

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The decision

2021-03-10 · Toronto City Council · adopted

As filed

City Council on March 10, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices A and B to the report (March 3, 2021) 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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4. City Council classify the Warehouse District 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 the Warehouse District in the non-statutory map 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 report (March 3, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council endorse the Ports Toronto Settlement Proposal as outlined in Confidential Appendix A to the report (March 3, 2021) from the City Solicitor. 2. City Council endorse the Studios of America Settlement Proposal as outlined in the draft Minutes of Settlement in Confidential Appendix B to the report (March 3, 2021) from the City Solicitor. 3. City Council authorize the City Solicitor to revise the Port Lands Official Plan Modifications to include the Ports Toronto Policy Modifications, as contained in Schedule A of Confidential Appendix A to the report (March 3, 2021) from the City Solicitor. 4. City Council authorize the City Solicitor and any other City staff to support the Port Lands Official Plan Modifications, as modified by Schedule A of Confidential Appendix A to the report (March 3, 2021) from the City Solicitor, at the Local Planning Appeal Tribunal hearing of the Port Lands Official Plan Modifications appeals. 5. City Council authorize the City Solicitor to execute Minutes of Settlement with Ports Toronto and Studios of America as required to implement Parts 1 and 2 above. 6. City Council authorize the City Solicitor to make such technical and stylistic changes to the Port Lands Official Plan Modifications and take such further actions, along with other City staff, as necessary to give effect to City Council's decision. The balance of Confidential Attachment 1 and Confidential Appendices A and B to the report (March 3, 2021) 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 A and B to the report (March 3, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

The vote

Adopt Item · Carried, 24-0

For (24)Ana Bailão, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Jaye Robinson, Jennifer McKelvie, Joe Cressy, John Filion, John Tory, Josh Matlow, Kristyn Wong-Tam, Mark Grimes, Michael Thompson, Mike Colle, Mike Layton, Nick Mantas, Paul Ainslie, Paula Fletcher, Shelley Carroll, Stephen Holyday
Absent (2)Anthony Perruzza, Michael Ford
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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 Central Waterfront Secondary Plan (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 to 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 and resulted in a number of settlements with various parties and modifications to the Port Lands OPM. City Council endorsed the settlements and modifications at its December 2020 meeting. A settlement hearing took place over four days in January 2021, at which the LPAT approved the various settlements in principle. This had the effect of significantly narrowing the scope of the remaining issues. A hearing on the remaining contested issues is scheduled to commence on April 6, 2021. The purpose of this report is to seek further instructions that would potentially further 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. 3. City Council direct that the remainder of Confidential Attachment 1 and Confidential Appendix A and 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 Warehouse District 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 the Warehouse District in the non-statutory map in the Central Waterfront Secondary Plan showing areas classified as Class 4 areas in the Central Waterfront.

    On the record

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