Port Lands Official Plan Modification Ontario Land Tribunal Appeals (Phase 2) - Request for Further Direction - Toronto District School Board/Toronto Lands Corporation Request

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The decision

2022-05-11 · Toronto City Council · adopted

As filed

City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) 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 the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 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 (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council endorse the Toronto District School Board/Toronto Lands Corporation Proposed Modification, as set out in Confidential Appendix A to Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and any other City staff to support the Toronto District School Board/Toronto Lands Corporation Proposed Modification Settlement Proposal at the Ontario Land Tribunal, Port Lands Official Plan Modification Hearing (Phase 2). 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 (May 2, 2022) 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 (May 2, 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. The balance of Confidential Attachment 1 to the report (May 2, 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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Land Use and Transportation issues were resolved through negotiation and settlement discussions in the first Phase of the proceedings, resulting in a Decision and Order of the Local Planning Appeal Tribunal in May of 2021. The bulk of the remaining issues were also resolved through negotiation and settlement discussions which resulted in policy modifications which will be presented to the Ontario Land Tribunal (OLT) at a settlement hearing scheduled for May 19, 2022. The purpose of this report is to seek Council direction in respect of a further modification to the Port Lands Area Specific Policies to address a concern recently raised by the Toronto District School Board/Toronto Lands Corporation (TDSB/TLC). 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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