Item - 2023.PH6.3

The Planning and Housing Commitee recommends that:

1. City Council adopt Official Plan Amendment 683 substantially in accordance with Attachment 1 to the report (September 14, 2023) from the Chief Planner and Executive Director, City Planning.

2. City Council authorize the Chief Planner and Executive Director, City Planning to seek approval of the Minister of Municipal Affairs and Housing of Official Plan Amendment 683 under Section 26 of the Planning Act.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the recommended Official Plan Amendment 683 as may be required.

4. City Council declare by resolution to the Minister of Municipal Affairs and Housing that Official Plan Amendment 683 conforms with Provincial Plans or does not conflict with them; has regard to the matters of Provincial Interest in Section 2 of the Planning Act; and is consistent with policy statements issued under subsection 3(1) of the Planning Act.

5. City Council request that the Minister of Municipal Affairs and Housing review OPA 683 under the current in-effect Provincial Policy Statement 2020 and Growth Plan for the Greater Golden Horseshoe 2020.

The Planning and Housing Committee held a statutory special public meeting on September 28, 2023, and notice was given in accordance with the Planning Act.

This report is the fourth in a series of Final Reports that provide staff recommendations on Employment Area conversion requests as part of the Municipal Comprehensive Review (MCR) of the Official Plan.

Council authorized the commencement of the Municipal Comprehensive Review (MCR) and Growth Plan conformity exercise known as "Our Plan Toronto" on August 4, 2020. As part of the MCR, City Planning received approximately 150 requests to convert lands designated Core Employment Areas or General Employment Areas in the Official Plan for non-employment uses, including some of which were City-initiated. 

The MCR and any recommended Official Plan amendments are considered under Section 26 of the Planning Act, where the Minister of Municipal Affairs and Housing is the approval authority. The Minister’s decisions are not subject to appeal to the Ontario Land Tribunal unless the Minister refers all or part of the amendments to the Tribunal.

This report is to be considered at a Special Public Meeting under Section 26 of the Planning Act regarding the City's phased Official Plan and Municipal Comprehensive Reviews.

This fourth report provides an overview of staff’s review and recommendations on the Employment Area conversion request made for the East Harbour lands (21 Don Valley Parkway, 30 Booth Avenue, and 375-385 Eastern Avenue). The report also describes the recommended Official Plan Amendment (OPA) 683 and the city-building objectives, such as affordable housing, that are included to support the introduction of residential use permissions.

In April 2021, the Province announced a Transit Oriented Communities (“TOC”) commercial partnership with Cadillac Fairview for the East Harbour lands that proposes a mixed-use community on the lands, which includes the 926,000 square metres of employment development previously approved in the Unilever Precinct Secondary Plan and relevant Zoning By-laws, but would also introduce residential uses not previously contemplated for the lands. The residential uses envisioned for the TOC are not permitted on the lands which are designated Core and General Employment Areas in the Official Plan. In August 2021, Cadillac Fairview submitted an employment area conversion request for the lands to be considered as part of the City’s MCR.

On April 8, 2022, the Minister of Municipal Affairs and Housing made a Minister’s Zoning Order per Ontario Regulation 329/22 (‘MZO’) for the East Harbour lands. The MZO permits residential uses on specific portions of the East Harbour lands up to a maximum of 302,000 square metres, in addition to the existing employment development permissions.

The MZO allows for residential uses in the zoning permissions on lands designated Core Employment Areas and General Employment Areas. While the Growth Plan 2020 prohibits, and the City’s official plan policies do not permit, residential uses on lands designated Employment Areas, the Province’s MZO does not need to conform to these policies. The zoning permissions granted through the MZO for the East Harbour lands enable development contemplated in the Province’s TOC arrangement between the Province and Cadillac Fairview.

Staff’s recommendations on the East Harbour conversion request are to implement the MZO made for the lands by the Minister and the recommended Official Plan amendment detailed in this report aligns with the permissions granted by Province through the MZO.