Law Times

Law Times • October 28, 2013 Page 11 FOCUS Official plan review T.O. looking at rules for converting employment lands BY CHARLOTTE SANTRY Law Times T oronto's evolving planning rules are a double-edged sword for developers, according to real estate lawyers at Dentons Canada LLP. At an event held at the law firm's downtown office on Sept. 24, 2013, a panel of experts discussed the growing challenges for clients looking to develop sites in designated employment areas. Employment areas are home to almost a third of the jobs and 90 per cent of the industrial sector in Toronto. Speaking at a session on the development of contaminated land, Dentons partner Jason Park said opportunities to develop employment areas are increasingly "few and far between" and that the balance had shifted in recent years towards municipalities. This trend is evident in proposed changes to Toronto's official plan that's under review as part of a mandatory process brought in under Planning Act amendments in 2007. The amendments require municipalities to review their official plans every five years. This is the first review in Toronto under the new process. The most recently published draft version of the revised plan states: "Toronto's employment areas, to be used exclusively for business and economic activities, are an essential cornerstone of our diverse and thriving civic economy." It continues: "Given the diminishing supply of vacant land in employment areas, new development in employment areas needs to take place in a more intensive physical form." Toronto's current official plan contains no policies on when developers can convert employment lands to non-employment ones. However, the reviews must deal with the designation of employment areas and policies concerning the removal of land from them. Separate rules introduced in 2005 and 2006 allow for converting employment areas only through a municipal comprehensive review. Toronto is carrying out its official plan and municipal comprehensive reviews simultaneously. Park, speaking after the panel discussion, says the latest council documents suggest the city will allow some conversions to take place for mixeduse developments. But developers whose requests are unsuccessful and who lose an appeal at the Ontario Municipal Board could have to wait another five years for the chance to apply again. development facilities; utiliCity council documents ties; post-secondary trade also show it won't permit schools; media facilities; and "sensitive non-residential vertical agriculture. uses" of land, such as places General employment of worship, in general emareas are generally on the ployment areas. It would only peripheries of employment allow recreational and enterlands and include core emtainment uses under a zoning ployment activities as well as bylaw amendment following retail businesses, restaurants, an environmental impact and other services. study. The move reflects an acAfter consultations over knowledgment that retail the summer, the city has narjobs are just as valuable as rowed a draft policy to replace manufacturing ones, says and grow office space when Park. "The city is recognizing sites are being redeveloped there are different kinds of for residential buildings to planning rationale," he notes. those exceeding 1,000 square Dentons associate Mark metres if it's in an employment area within 500 metres There are signs the city will allow some conversions Piel also feels developer cliof a rapid transit station. of employment lands for mixed-use developments, ents should see the changes in a partially positive light. On the upside, officials are says Jason Park. "If the city is going to . . . looking at distinguishing beemployment areas include make it clear that there are tween different types of employment lands as either core or manufacturing; warehousing; certain aspects of mixed-use wholesaling; transportation development that might be pergeneral areas. Uses permitted in core facilities; offices; research and mitted — retail or office space, for example — it may be easier to develop those projects," he says. The city had received about 125 requests to convert employment lands as of Aug. 20, 2013, according to a committee report published that month. Final recommendations for the revised official plan are due for release in a report to the November 2013 meeting of the city's planning and growth management committee. It will then need approval by the full council, likely by February, before the provincial government decides whether to authorize it. "In recent history, there's often been a lot of back and forth . . . with the government requiring certain changes with the plan before they will approve it," says Park. He highlights the need to file appeals before city council votes to adopt the plan as it will be too late to do so after that point. LT The title insurer that puts you front row, centre Putting the legal community front and centre has made us the #1 choice with Canadian lawyers for over a decade. While other title insurers go head to head with you for your business, Stewart Title does not support programs that reduce or eliminate the lawyer's role in real estate transactions. Instead, we focus on what matters to you: • unsurpassed policy coverage • competitive pricing • underwriting expertise At Stewart Title, we keep real estate transactions where they belong – in your office! 1-888-667-5151 or www.stewart.ca ON Untitled-3 1 www.lawtimesnews.com 6/3/11 11:24:18 AM

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