Item - 2020.TE21.1

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands in the Lower Don River area, substantially in accordance with the proposed Official Plan Amendment attached as Amendment 5 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council amend the former City of Toronto Official Plan, for the lands in the Lower Don River area, substantially in accordance with the proposed Official Plan Amendment attached as Amendment 6 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed Official Plan Amendment and former City of Toronto Official Plan Amendment as may be required.

The Toronto and East York Community Council held a statutory public meeting on December 2, 2020 and notice was given in accordance with the Planning Act.
 

This report proposes amendments to the City of Toronto Official Plan and Former City of Toronto Official Plan to remove a barrier for the City to enter into future agreements with the Toronto and Region Conservation Authority (TRCA) to transfer City-owned lands to the TRCA that are designated Parks, Parks and Open Space Areas or Other Parks and Open Space as part of undertaking flood protection works in the Lower Don River area. Official Plan Amendments are required because the lands are designated Parks and Open Space Areas in both the Official Plan and the former City of Toronto Official Plan. The sale or disposal of City-owned Parks and Open Space Areas is prohibited and the granting of an easement exceeding a period of 21 years is a form of disposal that is not permitted. The Official Plan amendments do not propose any changes in land use designation or reduction in the City's Green Space System.

As well, these Official Plan Amendments will allow the City to enter into future agreements with utility companies, federal or provincial government agencies or boards, and Crown corporations to permit the establishment of easements or the transfer of City-owned lands for the construction of City-building infrastructure projects within the Lower Don River area.

The OPA area, as specified in Attachment 1, is the general location of flood protection works in the Lower Don River area and does not represent the specific lands that may be the subject of future negotiations for the disposal of City-owned lands. This report does not recommend and will not result in the declaration of surplus any City-owned lands.

Staff are planning a comprehensive report on end-state land transactions that will be required following the completion of Port Lands Flood Protection in 2024. This report will be coordinated by the Waterfront Secretariat and will involve staff from CREM, Legal Services, City Planning, CreateTO, TRCA and a number of the City's operating Divisions. The report will address the transactions that are necessary in relation to the completion and operation of new roads, parks, water and wastewater infrastructure, etc.

Real Estate Services advises that additional Council authority will be required for any City lands to be declared surplus for the purposes of granting a permanent easement, a transfer of title, or any other disposal of City lands contemplated within any future City Planning report, in accordance with applicable City by-laws and procedures.

The report reviews and recommends approval of amendments to the Official Plans for these purposes.