Work Program, Schedule and Consultation Process for the

Part II Official Plan Review - Port Industrial District and

Portion of the East Bayfront (Don River)

The Toronto Community Council recommends the adoption of the following report (January19, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To provide a detailed work program, schedule and consultation process for the Part II Official Plan review and provide an update on the results of the Ontario Municipal Board prehearing respecting the Home Depot and United Castan applications and East Bayfront By-laws.

Financial Implications:

Not Applicable.

Recommendations:

It is recommended that:

(1)Council adopt the work program, schedule and public consultation process set out in Sections 1, 2 and 3 of this report; and

(2)Council identify the Part II Official Plan review for the Port Industrial District and a portion of the East Bayfront and related issues as a corporate priority.

Background:

At its meeting of December 9, 10 and 11, 1998, City Council adopted my November 26, 1998 report (Clause 52, Toronto Community Council Report 16) recommending a Part II Official Plan review for the Port Industrial District and a portion of the East Bayfront and requested that I report back on a detailed schedule and work program for the study and any resources that may be required to facilitate the study. This report responds to that request and provides an update on the Ontario Municipal Board (the Board) prehearing conference on the Home Depot and United Castan applications and East Bayfront By-laws which has implications on the schedule of work to be completed for the Part II Official Plan.

Comments:

(1)Part II Official Plan Review for the Port Industrial District - Work Program:

This Official Plan Part II review presents a unique opportunity to bring forward a new planning vision for the Port Industrial District. The Plan will address matters arising from current development applications, some of which are before the Ontario Municipal Board. More importantly, it will provide long term planning directions based on a comprehensive review of all relevant issues.

The Plan will put forward new planning approaches that can direct public and private sector resources in a manner which capitalize on the area=s strategic importance in the new City of Toronto. The Port is a significant land resource (much of which is in public ownership) and is of strategic importance on the waterfront and in relation to the central city. The new plan will advance opportunities to enhance the area as a centre for new investment, additional employment, recreation and leading edge environmental initiatives.

A public consultation process will ensure that the interests of area stakeholders are considered in the future development of this area.

The Official Plan Part II review will address the following issues:

(a)Industry: Addressing Port Operations and Other Business Opportunities:

The area's relationship to the water and central city and the availability of large parcels of land (many with dockwall access) provide unique business opportunities that are not available elsewhere in the City. A major portion of the Part II review will involve exploring ways to ensure that the area continues to provide viable employment and business opportunities, including the operation of a functional port. This will be achieved through a review of potential rationalization of industrial locations, adjustment to the use permissions, and new marketing strategies. Current and future requirements of a viable port will also be investigated.

(b)Residential Uses:

Discussions about the potential for residential uses in the Port have been heightened by the United Castan application for a mixed commercial-residential development on Polson and Cousins Quay and the possibility of an Olympic Athletes= Village in the Port. A review of the appropriateness of residential uses in this area will include a discussion of the following:

(i)compatibility with existing and future industrial uses in terms of noise, odours and transportation;

(ii)municipal servicing requirements;

(iii)schools and other community services;

(iv)road and transportation improvements;

(v)appropriate street and block patterns;

(vi)appropriate height and built form; and

(vii)soil suitability and environmental compatibility.

At the OMB prehearing conference, the Board member requested that representatives of United Castan provide the Board with dates for the studies required to complete their application. These reports are expected to be delivered to the City between February and July 1999. The work program for the Part II review will include a review of the work that is being conducted by United Castan.

(c)Big Box Retailing and Other Commercial Uses in the Port:

Based on the recommendations of my report dated November 6, 1998, City Council refused the Home Depot application at its meeting of November 25, 1998. In this report I identified the need for a study of the land use, economic development and policy implications of permitting additional big box retail development within the South District of the City, including the Port Industrial District and East Bayfront. This recommendation was made to address the impacts of additional big box retailing in the Port (and elsewhere in the former City of Toronto) on existing, planned commercial areas. This study would also assist in evaluating TEDCO's Port Centre proposal which has been revived by a recent letter from Costco Canada Inc. requesting an Official Plan Amendment and Rezoning for the lands bounded by Lakeshore Boulevard East, Saulter Street, Commissioners Street and the Don Roadway.

City representatives have been asked to address market issues with representatives of Home Depot Canada prior to the further OMB prehearing conference on February 3, 1999. I expect to consult with members of TABIA and local BIA's prior to this prehearing conference as well. In order to deal with these issues in more depth, it will be necessary to retain an outside retail planning consultant.

The additional retail study will build upon the work prepared for the City by the Centre for the Study of Commercial Activity (CSCA) at Ryerson University and will determine the ability of the market to accommodate big box retail development in the Port/Bayfront area without negatively impacting the planned commercial structure of areas around the Port. Specifically, the consultant will be asked to review and comment on the market analysis and studies that have been completed to date, analyse the shopping patterns of people living within an approximately 3 - 4 kilometre radius of the Port and evaluate the type and strengths of commercial functions currently served by planned commercial areas around the Port. It is expected that this additional research will also feed into a broader study of big box retail planning policy for the South District.

In addition to the retail market analysis, City staff will carry out a planning analysis of big box retail from a broader planning perspective in terms of an overall land use plan for the area and a built form perspective.

Aside from big box retailing, there may be other forms of commercial uses that could both support and enhance the industrial uses of the area and contribute to the identity of the area as an employment and investment area. The Part II Official Plan review will also examine the City's policy with respect to the appropriateness of permitting other forms of commercial uses.

(d)Environmental Initiatives:

The City has committed in principle to the concept of "greening the port" through such initiatives as Bringing Back the Don and TEDCO's Soil and Groundwater Management Strategy. The Official Plan Part II review represents an opportunity to build upon these initiatives and put forward a comprehensive implementation strategy. Initiatives such as these could provide a basic framework for developing new planning approaches and new thinking about the future of the Port.

(e)Parks and Recreational Opportunities:

The North Shore Park and the Martin Goodman Trail, the public boat clubs on the North Shore and other recreational uses form a significant part of the character and diversity of the Port Area. The Part II review will address ways to achieve greater compatibility between recreational and industrial uses and more effective use of large parcels of public parkland. Over the past year, the North Shore Park has been transferred to City ownership, making public investment here finally possible.

(f)Urban Design:

The new plan for the area will not only put forward recommendations about land use but also provide the urban design framework around which land uses will be organized. A substantial component of the new plan will be an overall design concept for the area which will include an appropriate street and block plan, proposals for streetscape improvements, built form and site planning guidelines for evaluating future development proposals, ways to improve the overall visual image of the area and ways to improve connections between the Port and the central City.

(g)Transportation:

There are a number of transportation issues in this area, including access into the Port through the Cherry Street corridor, the potential extension of Queens Quay East and the Gardiner East dismantling. The Part II review will ensure that all these issues are taken into consideration when developing an appropriate land use plan and, to the extent possible, the financial implications of transportation improvements. The Part II review will also identify appropriate cost sharing arrangements, where transportation improvements are required as a result of private development.

I note that both TEDCO and United Castan have done significant transportation studies in this area, and I expect to apply their findings in the overall review of transportation issues in the area.

(h)The Canada Marine Act: Governance and Jurisdiction in the Port:

On June 11, 1998, Bill C-9 (the Canada Marine Act) was given Royal assent. Under this Act, the Toronto Harbour Commissioners Act (1911 and 1985) will be repealed and a new port operator known as the Toronto Port Authority (the Authority) established. The establishment of a Port Authority under the Canada Marine Act raises governance and jurisdictional issues which may affect the City's land use planning protocol and therefore may raise matters which must be considered in a Part II review. Issues related to the Canada Marine Act will be addressed in separate, future reports from my Department.

(2)Schedule:

In order to meet the commitment to have final planning recommendations in place by November of 1999, the following process is recommended:

February, 1999 -retain retail consultant to review market impact issues

Feb./Mar., 1999-Community Planning to hold one or more public information sessions to discuss proposed Part II Official Plan review process

June, 1999-report to Toronto Community Council on the findings to date on those issues set out in the November 26, 1998 report, including the findings of the retail market analysis and proposals for planning directions and policies for the Port and a portion of the East Bayfront

June - July, 1999-carry out public consultation as described in Section 4

August, 1999-report to Toronto Community Council on results of public consultation and new planning directions and policies

September 7, 1999-OMB hearing on the Home Depot and East Bayfront matters

November, 1999-Final Report on new planning directions for the Port and a portion of the East Bayfront (timing of the final report may be dependent upon the progress of the OMB hearing)

(3)Public Consultation:

In order to ensure that the issues and concerns of various stakeholders in this area are taken into account early in the process, a public information session(s) will be held in February or early March. This meeting will allow the various stakeholders to ask questions and comment on the terms of reference put forward in this and the November 26, 1998 planning report, identify additional issues or matters to be addressed in the Part II Official Plan review and comment on the proposed consultation strategy. Staff will also be in a position at this point to put forward the terms of reference for the additional retail market study recommended in this report.

Following these first public meetings, a series of meetings with the various interest groups are proposed including land owners, resident and business groups, industrialists and environmental groups.

It is recommended that the following stakeholders and interest groups be involved along with any other interest groups that may be identified as the study proceeds:

(i)Landowners and tenants in the Port and East Bayfront;

(ii)Toronto Economic Development Corporation (TEDCO);

(iii)Toronto Harbour Commissioners (THC);

(iv)applicants with current development proposals;

(v)Toronto and Region Conservation Authority (TRCA);

(vi)Waterfront Regeneration Trust;

(vii)Friends of the Spit;

(viii)Southeast Toronto Industrial Awareness Organization (SETIAO);

(ix)Southeast Area Industrial Advisory Committee (SETAIAC);

(x)Task Force to Bring Back the Don;

(xi)Toronto Bay Initiative;

(xii)South Riverdale Residents Association;

(xiii)BIDCO (Toronto Olympic Initiative);

(xiv)TABIA (Toronto Association of Business Improvement Areas);

(xv)BIAs and other business associations on retail strips near the Port; and

(xvi)others on the City Clerk=s mailing list for the Port.

The City staff and consultant work, together with the input gained from the stakeholder consultation process will be summarized in an interim report to Toronto Community Council in June. This report will also set out preliminary findings and recommendations. Additional public consultation is recommended following Community Council=s consideration of this report. A further report setting out the results of the public consultation on the preliminary findings and recommendations and any refinements staff may recommend will be forwarded to Community Council prior to the September Board hearing. A final report is expected in November to coincide with the timing of Toronto=s Olympic Bid submission to City Council.

(4)Staff Team:

In order to meet the tight timelines for the study, a staff team including representatives from community planning, planning policy, transportation planning, Works and Emergency Services, parks and recreation, economic development and Legal Services will be set up to meet regularly and provide on-going input into the plan. Given the importance of these issues and the strategic prominence of the Port Industrial District on the waterfront and in the rest of the City, this report recommends that Council identify the Part II Official Plan review as a corporate priority.

(5)Update on Ontario Municipal Board Prehearing Conference:

On December 23, 1998 the Ontario Municipal Board (the Board) rendered an oral decision on the prehearing conference concerning the Home Depot and United Castan applications and the East Bayfront By-laws. This decision outlines the matters to be considered by the Board at a full hearing and the disclosure obligations of each party prior to a full hearing.

With respect to the United Castan application for an Official Plan amendment to permit a mixed commercial-residential development at the west end of the Port area, the Board concludes that the application is premature and does not merit consolidation, at this time, with the East Bayfront and Home Depot matters. However, the Board recognizes that United Castan may continue to substantiate the merits of their application through the completion of additional studies and that issues relating to their application (i.e. possible siting of an Olympic Athletes Village in the Port) may unfold in the fulness of time. The Board has, therefore, left the door open for considering a full hearing on their application.

With respect to the Home Depot and East Bayfront matters, the Board has set a September 7, 1999 hearing date and has set aside three months. A three month hearing is anticipated given the number of parties added to the hearing and the potential for substantial market impact evidence to be presented regarding the Home Depot application. The Board also has set aside February 3, 1999 for an additional prehearing conference by which time each party is expected to have clarified the nature of the retail market studies to be conducted. The City is also expected to produce a work program and schedule for its Part II Official Plan review by February 3, 1999.

Conclusion:

The proposed work program responds not only to those matters that are of immediate concern because of the pending OMB hearing but is intended to result in a comprehensive planning vision for the area. The proposed schedule will allow for substantial completion of the Official Plan review of the area prior to a full OMB hearing in September, 1999 and in time for the submission of the Olympic bid to City Council. The consultation process that is proposed will ensure that decisions on new planning directions are made together with the many stakeholders who have an interest in the future development of this area.

Contact Names:

Elyse Parker orMichael Major

Telephone: (416) 392-0069Telephone: (416) 392-0760

Fax: (416) 392-1330Fax: (416) 392-1330

E-Mail: eparker@toronto.caE-Mail: mmajor@toronto.ca

The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the communication (January 20, 1999) from Mr. Don F. Given, M.C.I.P., R.P.P., President, Malone Given Parsons Limited, and a copy thereof is on file in the office of the City Clerk.