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

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The decision

2022-03-09 · Toronto City Council · adopted

As filed

City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, and Confidential Appendices A and B to the report (March 1, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2022) 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.

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The confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council endorse the Ontario Power Generation Portlands Energy Centre Proposed Modification, as set out in Confidential Appendix A to the report (March 1, 2022) from the City Solicitor. 2. City Council endorse the 309 Cherry Proposed Modifications as set out in Confidential Appendix B to the report (March 1, 2022) from the City Solicitor. 3. City Council authorize the City Solicitor and any other City staff to support the Ontario Power Generation/Portlands Energy Centre Modification and the 309 Cherry 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 Appendices A and B to the report (March 1, 2022) 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 (March 1, 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 privilege and settlement privilege. The balance of Confidential Attachment 1 to the report (March 1, 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 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. A five-week hearing is scheduled for May and June, 2022 to deal with the remaining issues (the Port Lands OPM Hearing (Phase 2). The parties have agreed to adjourn consideration of some Phase 2 issues pending ongoing City-wide work. Through settlement discussions, most of the remaining Phase 2 issues have been resolved. There are now only two outstanding parties with issues to be litigated: 309 Cherry and OPG/PEC. The remaining issues include matters related to: Urban Design Standards & Heritage; and Sustainability and Biodiversity. 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 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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