Port Lands Official Plan Modification Ontario Land Tribunal Appeals (Phase 2) - Request for Direction

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The decision

2021-12-15 · Toronto City Council · amended

As filed

City Council on December 15, 16, and 17, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 13, 2021) 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 13, 2021) from the City Solicitor; b.

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Confidential Appendices A and B to the report (December 7, 2021) from the City Solicitor; and c. Confidential Appendix A to the supplementary report (December 13, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (December 13, 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. The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council endorse the Toronto District School Board Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor. 2. City Council endorse the TWSDI/Pinewood Settlement Proposal, including the TWSDI/Pinewood Proposed Modifications as set out in Confidential Appendix B to Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor. 3. City Council endorse the Hydro Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor. 4. City Council authorize the City Solicitor and any other City staff to support the Toronto District School Board Proposed Modifications, the TWSDI/Pinewood Proposed Modifications and the Hydro Proposed Modifications (together, the "Proposed Modifications") at the Ontario Land Tribunal, Port Lands OPM Hearing (Phase 2). 5. City Council authorize the City Solicitor to execute Minutes of Settlement with TWSDI/Pinewood as required to implement Part 2 above. 6. City Council authorize the City Solicitor to make such technical and stylistic changes to the Port Lands Official Plan Modification and take such further actions, along with other City staff, as necessary to give effect to City Council's decision. Confidential Appendices A and B to the report (December 7, 2021) from the City Solicitor and Confidential Appendix A to the supplementary report (December 13, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (December 13, 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 to the report (December 7, 2021) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (December 13, 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 ("OPA 257" or "CWSP"), including public agencies, existing industries, and private owners with development aspirations, raised issues with the Port Lands OPM. Given the large number of parties and issues, the hearing of the Port Lands issues was planned to be phased.

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The first phase dealt with Land Use and Transportation matters, and was resolved through negotiation and settlement discussions, resulting in Decisions and Orders of the Local Planning Appeal Tribunal in March and May of 2021, commending the City and the parties and approving the OPM in part. The remaining issues to be litigated include matters related to: Urban Design Standards & Heritage; Sustainability and Biodiversity; Infrastructure (Community and Hard Servicing) & Implementation; and Hydro-specific Issues. A six-week hearing is scheduled for May and June, 2022 to deal with any outstanding issues (the Port Lands OPM Hearing (Phase 2)). The purpose of this report is to seek instructions in respect of the Port Lands OPM Hearing (Phase 2). 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 Appendices A and B to Confidential Attachment 1, once adopted by City Council. 3. City Council direct that the remainder of Confidential Attachment 1 is

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to remain 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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