IV. Jurisdiction Surveys

J. Toronto

1. Harbourfront Official Part II Plan (Plan)

The Harbourfront area is composed of approximately 41 acres. The strip of land, a few blocks deep and several blocks in length, fronts the inner harbor of Toronto, Canada. The Plan contains no specific provisions relating to tax incentives. However, the Plan is a development agreement that adopts a stance of significant public commitment to the redevelopment process. This commitment by the City of Toronto (the City) seems aimed at encouraging private developers to invest in redevelopment by easing some of the regulatory burdens facing developers, thereby ensuring a reasonable return on their investment.

The main objective of the Plan is to encourage the redevelopment of the area into a mixed-use urban waterfront for the enjoyment of residents, workers and visitors. (Plan § 2.1). The Plan will encourage redevelopment of residential and commercial areas, public parks, and recreational and cultural projects in order to:

a. Extend the central city to the waterfront and create an urban environment with a scale, character and environmental quality designed to make people welcome and comfortable; and

b. Provide new housing that will be available for a range of income groups and
household types. (Id.)

These goals will be accomplished by announcing a clear statement of development policy, adopting appropriate zoning regulations, encouraging inter-agency cooperation to expedite the permitting and approval process, improving existing infrastructure, and by establishing architectural and design guidelines for redeveloped areas. (§2 et seq.).

The agreement between Harbourfront Corporation and the City is based on a number of assumptions. Harbourfront Corporation will transfer title to the City of Toronto in exchange for adoption of the Plan and implementation and continued application of a new zoning ordinance. In addition, the agreement assumes that the issuance of certain development and building permits will be forthcoming. Furthermore, the Plan envisions relief from any further dedications, payments-in-lieu, or exactions and development charges for the Harbourfront project. The most significant of these assumptions is that the Plan and zoning ordinances will be adopted in substantially the current form, and that they will continue in effect for up to three years of their effective date. As is typical of development agreements, the landowner/developer is guaranteed that the project may proceed without the fear of delays or additional costs caused by changing regulations.

The City will accept the obligation to undertake the improvement of public facilities and the layout, design, construction and dedication of land for the road system. In addition, the City will perform environmental remediation work and complete improvements to the waterfront promenade area. The Harbourfront Corporation will be responsible for conveying fee simple title to the necessary lands to the City, and, along with individual developers, will make funding contributions for the capital improvement projects.

The City will also adopt a clear policy regarding the provision of community services and facilities. The City will seek financial and other assistance and cooperation from appropriate government agencies to construct and operate community facilities, including schools, community centers, fire stations, libraries, health facilities and public assembly spaces. The City will establish adequate, safe and convenient pedestrian connections suitable for use by all age groups.

In addition to improving the roads, the City will also improve the public transportation infrastructure. The main objective is to strongly encourage use of public transportation and pedestrian routes by providing safe, attractive, and convenient access. Streets may be realigned and redesigned to facilitate efficient access to the Harbourfront area, and to accommodate different modes of public transportation. Adequate parking facilities will be provided to improve access to the Harbourfront area, consistent with the objective of encouraging the use of public transportation. The design and location of parking facilities will conform to the overall objective of creating an attractive and pedestrian friendly atmosphere.

The City will also promote the provision of plentiful and affordable housing. The City plans to accomplish this goal by taking an active role in planning and promoting a full range of private, not-for-profit, and cooperative housing projects. (§ 3 et seq.). Unfortunately, the specific mechanism by which the City will encourage the development of affordable housing is not apparent in the Plan: Additional development agreements? Dedication requirements? Monetary exactions?

The City will adopt a policy that encourages the development of parks and open spaces. Both Harbourfront and individual developers will provide funding toward this goal. The City plans to adopt an “ecosystem” approach to improve the quality of the urban environment, including the planting of trees and the monitoring of air, soil and water quality. (§ 4.1). The City intends to obtain ample park and open space areas throughout the Harbourfront area by securing the conveyance of appropriate land. The City intends that the waterfront promenade area and public parks be accessible and enjoyable by the City’s residents and visitors, and that the Harbourfront parks and open spaces be integrated with adjacent parks and open spaces
(§§ 2.2-2.3). The City will ensure a safe, comfortable and attractive environment in the Harbourfront area. The City plans to improve air, water and soil quality; reduce the impact of noise pollution; promote proper waste disposal and recycling; establish guidelines for site planning, building and landscape design, and streetscape design; and promote energy efficient development design.

The Plan appears to be similar in nature to a sale-and-lease-back scheme. The Harbourfront Corporation will apparently transfer title to the land but retain development rights. Harbourfront Corporation will act as a middleman between the City and the developers. In addition, Harbourfront Corporation will receive the income and proceeds realize by the City from non-public uses of certain sites. (Id. at §§ 1.1-1.2, 2.6, 6.1). Public purposes include not-for-profit purposes, commercial and institutional activities that are ancillary to or incidental with any public or not-for-profit purpose, temporary surface parking and temporary uses existing as of the date of the actual conveyance of such sites to the City. (Id. at § 2.6).

Part of the packet of information received regarding the Harbourfront project is a copy of the proposed Zoning By-law. It is comprehensive, adopts a mixed-use approach and aims to create an integrated whole with distinct “zones.” With respect to all of the City’s obligations, including roads, parks and public transportation, the Plan places the onus on the City of obtaining proper approvals and cooperation by other government agencies.

2. Planning Controls

It appears that the Toronto City Council is the main decision making body. The Council will act as the liaison between the Harbourfront Corporation and other permitting agencies as necessary.

The types of planning controls that are anticipated are typical of a complex mixed-use zoning scheme. The entire Harbourfront area is divided into discrete districts, each with a specific intended use. For example, the new zoning ordinance envisions a “G” district (parks and public recreation uses), and a “G1” district (galleries, outdoor dining facilities, cultural/social/artistic uses), a “Water’s Edge Promenade,” “G2” districts (boats, moorings, docks, bridges), “CR” districts (housing, community service, retail). All zones are subject to bulk and height limitations, setback areas, angular plane setbacks, parking provision requirements, driveway restrictions and loading requirements.

Importantly, the Plan requires dedications and exactions from the developers for housing, parks, community facilities and infrastructure. The Plan also contains strong design guidelines. Determining compliance with the zoning regulations and design guidelines seems to be the province of the City of Toronto.

Successful implementation of the Plan requires cooperation, and various approvals, from:

_ the City Land Use Committee;

_ the Ontario Municipal Board (zoning);

_ the Province of Ontario;

_ the Queen in Right of Canada, through the Minister of Public Works;

_ Metro (roads); and

_ Toronto Harbour Commissioners.

In addition, the redevelopment of the Harbourfront area must comply with the Environmental Assessment Act, which is a federal regulation, although I am not able to determine the responsible agency. These other government bodies, however, seem to be one layer removed from the Plan, and the real decisions will be made by the City Council. Certainly, the City Council will lobby on behalf of the entire Plan to secure the requisite approvals and permits.