Item - 2021.PH29.13

The Planning and Housing Committee:

1. Requested that the Chief Planner and Executive Director, City Planning report to the January 12, 2022 meeting of the Planning and Housing Committee on these particular aspects of the East Harbour Transit Oriented Communities proposal:

a. the impact of the introduction of residential development  into 1/10 0f this 330 acre of this core employment area, designated as a provincially significant employment zone, including possible impacts, long and short term,  on other current employment land conversion requests that the city has received as part of the Municipal Comprehensive Review;

b. steps the city can take to limit the impact of high-value job losses if the East Harbour conversion would be undertaken through a Provincial Ministerial Zoning Order, as anticipated;

c. the nature and number of jobs in the this employment area currently with the retail jobs listed in a separate category; and 

d. current estimates for the City's contributions to transit and infrastructure in the East Harbour Precinct Plan including the Broadview Avenue extension.

In April 2021, the Province announced a Transit Oriented Communities (TOC) commercial partnership with Cadillac Fairview for the East Harbour site. The TOC partnership proposes to add 302,000 square metres (3.25M square feet) of residential development, or approximately 4,300 residential units, to the 926,000 square metres (10M square feet) of employment development previously approved in the Unilever Precinct Secondary Plan and relevant zoning by-laws. Materials submitted by Cadillac Fairview in May 2021 contemplate nine residential towers, nine commercial towers, and a road network similar to the 2018 East Harbour Master Plan.  Cadillac Fairview will make a capital contribution toward required services and infrastructure as part of the TOC partnership.

The significant scale, complex enabling infrastructure and unique partnership structure of the East Harbour TOC distinguishes it from other TOC sites. East Harbour is a 15 hectare brownfield site that forms a significant portion of the 25 hectare Unilever Precinct, with multiple development blocks and future public streets and parks to be delivered throughout. East Harbour is subject to a draft plan of subdivision process. By comparison, other TOC sites redevelop individual parcels within an existing urban structure of streets, blocks, and related infrastructure, and no development partners have yet been secured.

The East Harbour TOC proposal also incorporates an extensive enabling infrastructure program. As a brownfield site within an existing floodplain, the East Harbour site requires many infrastructure investments, including flood protection landforms, roads, transit, and underground servicing.

The Province is targeting early 2022 to provide zoning certainty for this TOC development.  The timeline for zoning certainty is linked to the construction timelines for the Transit Hub.  As a result, the City's review of the revised Master Plan for East Harbour, and public consultation on the TOC proposal, is constrained.

In July 2021, City Council provided direction to staff on the City's objectives and priorities for negotiation with Infrastructure Ontario (IO) and Cadillac Fairview.  City staff have engaged with IO and Cadillac Fairview based on those objectives, inclusive of the objectives and policies in the Unilever Precinct Secondary Plan.  Current negotiations are dealing with matters deemed essential to concluding the Province's TOC commercial transaction, ensuring City interests are addressed as much as possible.  This includes negotiating the necessary conditions to ensure a new mixed use community of this scale has the required services and facilities to support residents.  The City also needs to ensure that the TOC proposal does not result in additional costs or financial risk for the City.  Staff also remain concerned that the introduction of residential uses at East Harbour will be a prelude to further employment land conversion requests.  Staff will report back to Council on the progress of negotiated conditions, including any financial terms and the next steps on planning approvals.

On October 17, 2021, City staff were also directed by the Planning and Housing Committee (PH27.13 – East Harbour Development), to report to the Committee on November 25, 2021 on current planning and development aspects of the TOC proposal for East Harbour.  This report describes the proponent-led planning and public consultation processes, and outlines how City staff have been working to identify and advance City interests with the East Harbour TOC proposal.