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

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The decision

2021-04-07 · Toronto City Council · adopted

As filed

City Council on April 7 and 8, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 30. 2021) 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 Confidential Attachment 1 to the report (March 30. 2021) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (March 30. 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client and settlement privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 30, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council endorse the TCK Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the report (March 30, 2021) from the City Solicitor. 2. City Council authorize the City Solicitor and any other City staff to support the TCK Proposed Modifications at the Local Planning Appeal Tribunal hearing of the Port Lands Official Plan Modification appeals. 3. 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 (March 30, 2021) 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 (March 30, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and litigation privilege. The balance of Confidential Attachment 1 to the report (March 30, 2021) 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 Central Waterfront Secondary Plan ("CWSP"), including public agencies, existing industries, and private owners with development aspirations, 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 commended the City and the parties on their efforts, and recognized the "careful, complete, comprehensive and transparent planning and technical process" that had been undertaken, and approved the various settlements in principle. This had the effect of significantly narrowing the scope of the remaining issues. At its meeting on March 10th, 2021, City Council endorsed further settlements with two more of the parties. A hearing on the remaining contested issues is scheduled to commence on April 20, 2021. The purpose of this report is to seek further instructions that would resolve the remaining issues outstanding 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 Confidential Appendix A to Confidential Attachment 1, once adopted by City Council. 3. City Council direct that the remainder of Confidential Attachment 1 is to remain

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confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client and settlement privilege.

On the record

The item as the City filed it

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