Item - 2024.PH14.1

The Planning and Housing Committee recommends that:

1. City Council adopt Official Plan Amendment 680 in accordance with Attachment 1 to the report (June 24, 2024) from the Interim Chief Planner and Executive Director, City Planning.

2. City Council direct the City Solicitor to withhold the introduction of the necessary Bills until such time as:

a. Subsection 1(1) of the Planning Act, as amended by Bill 97, has been proclaimed and is in full force and effect; and

b. Official Plan Amendment 668 is in full force and effect with the exception of any outstanding site-specific appeals.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the recommended Official Plan Amendment 680 as may be required.

4. City Council request that the Chief Planner and Executive Director, City Planning, following OPA 668 and OPA 680 coming into effect, provide as-of-right permissions for "lawfully established" uses that continue to be permitted in the Official Plan, in the appropriate zoning categories through the zoning conformity exercise as required by the Planning Act.

The Director, Strategic Initiatives Policy and Analysis, City Planning gave a presentation to the Planning and Housing Committee.

The Planning and Housing Committee held a statutory public meeting on July 11, 2024, and notice was given in accordance with the Planning Act.

This report recommends that Council adopt Official Plan Amendment 680 (OPA 680) which amends various Employment Area related policies to bring the Official Plan into alignment with the provincial definition of "area of employment" in the Planning Act, as amended by Bill 97 - Helping Homebuyers, Protecting Tenants Act. This report also concludes the Council-directed study to consider expanding permitted uses in Employment Areas to include places of assembly, places of worship and sports facilities on a site or area-specific basis, given the provincial definition.

On April 6, 2023, the Province introduced the Helping Homebuyers, Protecting Tenants Act ("Bill 97"). Among many other changes, Bill 97 amends the definition of "area of employment" in the Planning Act by narrowing the scope of uses from what is currently permitted in an "area of employment". In particular, it would expressly exclude from the definition all types of institutional uses and commercial uses, except for retail and office uses that are associated with manufacturing, warehousing and research and development in connection with manufacturing.

This is the second of two reports that respond to Planning Act changes as a result of Bill 97 and the resulting official plan amendments required to implement these changes. The first report resulted in City Council adopting OPA 668 to authorize the continuation of institutional and commercial uses expressly excluded by paragraph 2 of the amended definition of "area of employment" but which allowed uses to be transitioned by provisions introduced in the Planning Act by Bill 97.

The purpose and intent of the recommended OPA 680 (together with OPA 668) is to maintain the integrity and viability of the City's finite Employment Areas, which would be at risk of destabilization should the City take no action. By aligning the Official Plan employment policies with the new definition of "area of employment" the current employment conversion policies will continue to apply, protecting the City's vital supply of employment areas.

While Bill 97 received Royal Assent on June 8, 2023, the amended definition of "area of employment" has yet to be proclaimed into force. The Province has signalled that municipalities should make timely amendments to their Official Plan to ensure that it is aligned with the amended definition so that provincial policies related to the conversion and protection of employment areas still apply.