Item - 2020.PH14.5

Tracking Status

  • City Council adopted this item on June 29, 2020 with amendments.
  • This item was considered by Planning and Housing Committee on June 15, 2020 and was adopted with amendments. It will be considered by City Council on June 29, 2020.

PH14.5 - Request for Direction on Local Planning Appeal Tribunal Appeals of Official Plan Amendment 231 - Appeal No. 134: Parc Downsview Park and Canada Lands Company Ltd

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on June 29 and 30, 2020, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 1, 2020) from the City Solicitor.

 

2. City Council adopt the confidential instructions to staff in the confidential transmittal from the Planning and Housing Committee.

 

3. City Council adopt the confidential instructions to staff in Confidential Attachment to motion 1b by Councillor James Pasternak.

 

4.  City Council authorize the public release of:

 

a.  the confidential instructions to staff in Confidential Attachment 1 to the report (June 1, 2020) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (June 1, 2020) from the City Solicitor remain confidential, as it contains advice subject to solicitor-client privilege;

 

b.  Confidential Attachment 2 to the report (June 1, 2020) from the City Solicitor;

 

c.  Confidential Attachment 3 to the report (June 1, 2020) from the City Solicitor;

 

d.  the confidential instructions to staff in the confidential transmittal from the Planning and Housing Committee; and

 

e.  the confidential instructions to staff in the Confidential Attachment to motion 1b by Councillor James Pasternak.

 

The confidential instructions to staff adopted by City Council are now public, as follows:

 

1. City Council direct the City Solicitor, the Chief Planner and Executive Director, City Planning and other staff to advance negotiations in an effort to resolve site-specific Appeal 134 (with respect to the lands designated Employment Areas within the Downsview Area Secondary Plan) to Official Plan Amendment 231 in accordance with the Draft Downsview Area Secondary Plan Principles contained in Confidential Attachment 3 to the report (June 1, 2020) from the City Solicitor.

 

2. City Council direct the Chief Planner and Executive Director, City Planning to report back in more detail on Planning Principles 7, 10 and 14 in Confidential Attachment 3 to the report (June 1, 2020) from the City Solicitor, so that they include:

 

a. cycling infrastructure, pedestrian pathways and connectivity between businesses and public transit options, as part of Planning Principle 7;

 

b. a new community centre located near the Sheppard Avenue West and Keele Street intersection as stated in the Downsview Secondary Plan and adopted by City Council in 2011, as part of Planning Principle 10;

 

c. extensive engagement with the Toronto District School Board, the Toronto Catholic School Boards and other District school boards, and their publics, to achieve an alignment with long-term program and accommodation strategies; and

 

d. a detailed in-person engagement and public consultation critical path to ensure that stakeholders, resident associations, local businesses and Business Improvement Areas, the local Councillor and others are able to provide their feedback collected through in-person public town halls, open houses and design charrettes beginning in 2021 as long as it is safe to do so as deemed by the Medical Officer of Health, as part of Planning Principle 14.

 

3. City Council direct the Chief Planner and Executive Director, City Planning to:

 

a. include exploratory discussions with Artscape to create an artists' colony as part of the development application;

 

b. include exploratory discussions with Habitat for Humanity to consider building options;  and

 

c. explore options for a seniors' village including affordable supportive and retirement housing, primary care supports, assisted living options and other features for a complete seniors' community.

 

The balance of Confidential Attachment 1 to the report (June 1, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

 

Confidential Attachments 2 and 3 to the report (June 1, 2020) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Attachment - This report is about litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice subject to solicitor client privilege.

Background Information (Committee)

(June 1, 2020) Report from the City Solicitor on Request for Direction on Local Planning Appeal Tribunal Appeals of Official Plan Amendment 231 - Appeal No. 134: Parc Downsview Park and Canada Lands Company Ltd
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-147675.pdf
Public Attachment 1 - Parc Downsview Park and Canada Lands Company Ltd Appeal Letter
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-147676.pdf
Confidential Attachment 1 - Confidential Instructions to Staff and Confidential Advice Subject to Solicitor-Client Privilege
Confidential Attachment 2 - Confidential Information
Confidential Attachment 3 - Confidential Information

Background Information (City Council)

Confidential Recommendation of the Planning and Housing Committee
Confidential attachment to motion by Councillor Pasternak
Confidential Attachment 2 - made public on July 7, 2020
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-148960.pdf
Confidential Attachment 3 - made public on July 7, 2020
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-148961.pdf

Motions (City Council)

1a - Motion to Amend Item moved by Councillor James Pasternak (Carried)

That City Council authorize the public release of the confidential recommendation of the Planning and Housing Committee.


1b - Motion to Amend Item (Additional) moved by Councillor James Pasternak (Carried)

That City Council adopt the confidential instructions to staff in the Confidential Attachment to this motion and direct that the instructions become public if adopted.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jun-30-2020

Result: Carried Majority Required
Total members that voted Yes: 20 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Joe Cressy, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are James Pasternak
Total members that were Absent: 4 Members that were absent are Gary Crawford, Paula Fletcher, Mike Layton, Jaye Robinson

Point of Order by Councillor James Pasternak

Councillor Pasternak, rising on Point of Order, stated that he needed clarification on whether his motion to amend the Item is public or confidential.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the Deputy City Clerk Secretariat to respond.

The Deputy City Clerk, Secretariat advised Council that staff are waiting for Councillor Pasternak's approval and sign off on his motion.

Councillor Pasternak advised that he approves of his motion.

Speaker Nunziata subsequently made the following ruling:

Members of Council, Councillor Pasternak's motion on Item PH14.5 is now ready.

Members can view the confidential attachment to the motion in the Clerk's meeting portal.

I would suggest that once Members have had an opportunity to review the motion, we can deal with during the release of holds at 2 p.m.

PH14.5 - Request for Direction on Local Planning Appeal Tribunal Appeals of Official Plan Amendment 231 - Appeal No. 134: Parc Downsview Park and Canada Lands Company Ltd

Decision Type:
ACTION
Status:
Amended
Wards:
All

Confidential Attachment - This report is about litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice subject to solicitor client privilege.

Committee Recommendations

The Planning and Housing Committee recommends that:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 1, 2020) from the City Solicitor.

 

2.  If the confidential instructions in Confidential Attachment 1 to the report (June 1, 2020) from the City Solicitor are adopted, City Council authorize the public release of:

 

a.  the recommendations contained in the Confidential Attachment 1, to the report (June 1, 2020) from the City Solicitor, with the remainder of the Confidential Attachment to remain confidential, as it contains advice subject to solicitor-client privilege;

 

b.  Confidential Attachment 2 to the report (June 1, 2020) from the City Solicitor; and

 

c.  Confidential Attachment 3 to the report (June 1, 2020) from the City Solicitor.

 

3. City Council adopt the confidential recommendation of the Planning and Housing Committee in its confidential transmittal to City Council.

Decision Advice and Other Information

The Planning and Housing Committee recessed its public session to meet in closed session to consider this item, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice subject to solicitor client privilege.

Origin

(June 1, 2020) Report from the City Solicitor

Summary

Parc Downsview Park and Canada Lands Company Ltd. (the "Appellants") filed an appeal to Official Plan Amendment No. 231 ("OPA 231") to the Local Planning Appeal Tribunal ("LPAT") regarding the lands designated Employment Areas within the Downsview Area Secondary Plan (the "Lands").  City Council adopted OPA 231 policies for the entire city following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands.  The City Solicitor requires further directions for the OPA 231 LPAT hearing process.

Background Information

(June 1, 2020) Report from the City Solicitor on Request for Direction on Local Planning Appeal Tribunal Appeals of Official Plan Amendment 231 - Appeal No. 134: Parc Downsview Park and Canada Lands Company Ltd
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-147675.pdf
Public Attachment 1 - Parc Downsview Park and Canada Lands Company Ltd Appeal Letter
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-147676.pdf
Confidential Attachment 1 - Confidential Instructions to Staff and Confidential Advice Subject to Solicitor-Client Privilege
Confidential Attachment 2 - Confidential Information
Confidential Attachment 3 - Confidential Information

Speakers

Councillor James Pasternak

Motions

1 - Motion to Meet in Closed Session moved by Councillor Ana Bail„o (Carried)

2:46 p.m. -That the Planning and Committee recess its public session to meet in closed session to consider Item PH14.5 as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice subject to solicitor client privilege.


2 - Motion to Amend Item moved by Councillor Ana Bail„o (Carried)

1.  City Council confirm the confidential recommendation adopted in closed session.


3 - Motion to Adopt Item as Amended moved by Councillor Ana Bail„o (Carried)
Source: Toronto City Clerk at www.toronto.ca/council