Ontario Land Tribunal Appeal of Official Plan Amendment 536 - City-Wide Rail Safety - Request for Directions

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The decision

2024-03-20 · Toronto City Council · adopted

As filed

City Council on March 20 and 21, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (March 6, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to attend the Ontario Land Tribunal in support of Official Plan Amendment 536 as modified, substantially in accordance with the Modified Official Plan Amendment attached as Confidential Appendix A to the report (March 6, 2024) from the City Solicitor. 2. City Council authorize the City Solicitor to sign the Minutes of Settlement attached as Confidential Appendix B to the report (March 6, 2024) from the City Solicitor with willing parties, and City Council direct the City Solicitor and appropriate City staff to attend at the Ontario Land Tribunal in support of the settlement. 3. City Council accept the Settlement Offer dated February 26, 2024 from KSDWP LLP contained in Confidential Appendix C to the report (March 6, 2024) from the City Solicitor, to settle Appeal 13 as referenced in Public Appendix A to the report (March 6, 2024) from the City Solicitor. 4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. April 3, 2024 Confidential Appendices A, B and C to the report (March 6, 2024) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public and can be accessed under Background Information (City Council). The balance of Attachment 1 to the report (March 6, 2024) 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. The balance of Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

City Council adopted Official Plan Amendment 536 on March 9, 2022. Official Plan Amendment 536 sought to establish a consistent city-wide approach to public safety for development when an application is submitted to introduce, develop or intensify land uses in proximity to rail facilities. Official Plan Amendment 536 sought to introduce a new section, Section 3.6 titled Rail Facilities and Public Safety, which contains policies related to the requirements for a Rail Safety and Risk Mitigation Report for developments that propose to introduce a new or intensified land use within the area of influence of rail facilities.

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It also included an amendment to Schedule 3 of the Official Plan (Application Requirements) adding the requirement for a Rail Safety and Mitigation Report for applications for an Official Plan Amendment, Zoning By-law Amendment, Plan of Subdivision and Site Plan Approval for lands abutting rail facilities. Official Plan Amendment 536 also included non-policy explanatory text. Official Plan Amendment 536 was appealed to the Ontario Land Tribunal by 44 appellants. A first Case Management Conference was held on July 21, 2022. A second Case Management Conference is scheduled to be held on April 22, 2024. The City Solicitor requires further instructions on this matter. This matter is urgent as it pertains to an upcoming hearing event at the Ontario Land Tribunal and cannot be deferred.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council, and relevant Confidential Appendices at the discretion of the City Solicitor.

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3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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