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Toronto City Council · 2022-02-02 · 2022.CC39.5

The filed record

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

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The decision

2022-02-02 · Toronto City Council · amended

As filed

City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) 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 (January 31, 2022) from the City Solicitor; b. Confidential Appendix A to the report (January 25, 2022) from the City Solicitor; and c.

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Confidential Appendix A to the supplementary report (January 31, 2022) from the City Solicitor. 3. City Council direct that Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) 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 (January 31, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council endorse the Manulife and Sprackman (Polson Quay) Proposed Modifications, as set out in Confidentia Appendix A to Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council endorse the 309 Cherry Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor. 3. City Council authorize the City Solicitor and any other City staff to support the Manulife and Sprackman (Polson Quay) Proposed Modifications and the 309 Cherry Proposed Modifications (together, the "Proposed Modifications") at the Ontario Land Tribunal, Port Lands Official Plan Modification Hearing (Phase 2). 4. 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 Appendix A to the report (January 25, 2022) from the City Solicitor and Confidential Appendix A to the supplementary report (January 31, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council). Confidential Attachment 1 to the report (January 25, 2022) 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. Confidential Attachment 1 to the report (January 25, 2022) 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 (January 31, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contain information that is subject to solicitor-client and settlement privilege. The balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) 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 OPM appeals 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 for their work and approving the OPM in part. The remaining issues to be litigated include matters related to: Urban Design Standards & Heritage; Sustainability and Biodiversity; and Infrastructure (Community and Hard Servicing) & Implementation. 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 further 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 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.

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