Bill 109 Implementation, Phase 3 - Recommended Official Plan and Municipal Code Amendments respecting Site Plan Control

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The decision

2023-10-11 · Toronto City Council · amended

As filed

City Council on October 11 and 12, 2023, adopted the following: 1. City Council adopt Official Plan Amendment 688 substantially in accordance with Attachment 1 to the report (September 14, 2023) from the Chief Planner and Executive Director, City Planning. 2. City Council amend City of Toronto Municipal Code Chapter 415, Development of Land, Article V, Site Plan Control, and Section 415-20, Municipal Infrastructure Agreements, substantially in accordance with Attachment 2 to the report (September 14, 2023) from the Chief Planner and Executive Director, City Planning.

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3. City Council amend City of Toronto Municipal Code Chapter 415, Development of Land, Section 415-19.2, Mandatory Pre-Application Consultation, substantially in accordance with Attachment 4 to the report (September 14, 2023) from the Chief Planner and Executive Director, City Planning. 4. City Council direct the Chief Planner and Executive Director, City Planning to undertake stakeholder and public consultation regarding pre-application consultation with local communities and Councillors and to report back to Planning and Housing Committee by the second quarter of 2024. 5. City Council authorize the City Solicitor to make such stylistic and technical changes to the Official Plan Amendment and the amendments to the City of Toronto Municipal Code as may be required. 6. City Council direct the Deputy City Manager, Development and Growth Services, to report to the Planning and Housing Committee on a quarterly basis beginning in the first quarter of 2024 with available metrics related to changes in development application review timelines as a result of continuous improvements to city processes, including: a. average timeline to complete the Pre-Application Consultation Process; b. average timeline to reach a decision on a Zoning By-law Application; c. average timeline to reach a decision on an Official Plan Amendment/Zoning By-law Application; and d. average timeline to achieve an approved Site Plan Application. 7. City Council direct the Chief Planner and Executive Director, City Planning, to undertake further consultation with the Building Industry and Land Development Association to finalize a Terms of Reference for the in-effect zoning compliance requirement recommended in Official Plan Amendment 688. 8. City Council request the Province of Ontario to eliminate the amendments in Bill 109 to Section 114 of the City of Toronto Act, 2006, that prescribe planning application fee refunds. 9. City Council request the Ontario Provincial Government to consider introducing a time limit, with penalties, or other methods to incentivize development-ready sites that have received planning application approval to advance to construction as quickly as possible. 10. City Council request the Chief Planner and Executive Director, City Planning and the City Solicitor to report to the November 30, 2023 meeting of the Planning and Housing Committee with possible measures, if any, that could be taken by the City of Toronto to avoid planning application fee refunds as prescribed in Bill 109 amendments to Section 114 of the City of Toronto Act, 2006.

The vote

Amend Item (Additional) · Carried, 22-1

Against (1)Anthony Perruzza

Absent (2)Michael Thompson, Vincent Crisanti

The whole record, all 25 members

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On the agenda

As the city filed it

The recommended Official Plan Amendment (OPA 688) and amendments to Municipal Code Chapter 415 in this report establish new policy tools that enable the City to better address changes to development application decision-making and approval timelines in the Planning Act and City of Toronto Act, 2006, under Bill 109, the More Homes for Everyone Act, 2022, and ensure conformity with Bill 23, the More Homes Built Faster Act, 2022.

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OPA 688 adds a new requirement for in-effect zoning compliance as part of a complete Site Plan Control application to Schedule 3 of the Official Plan. This requirement enforces sequential consideration, decision-making and approval of development applications to support scoped review of Zoning By-law Amendment and Site Plan Control application types and better timeline management under Bill 109. This represents a significant change in practice as approximately 84% of Site Plan Control applications submitted to the City between January 1, 2019 and July 31, 2023 were concurrent with a rezoning process. This report also recommends Municipal Code Amendments related to Site Plan Control, including repeal and replacement of Municipal Code Chapter 415, Development of Land, Article V, Site Plan Control and amendments to Municipal Code Chapter 415, Development of Land, Section 415-19.2, Mandatory Pre-Application Consultation.

Staff recommended

The Chief Planner and Executive Director, City Planning, recommends that: 1. City Council adopt the Official Plan Amendment 688 substantially in accordance with Attachment 1 to this report. 2. City Council amend the City of Toronto Municipal Code, Chapter 415, Development of Land, Article V, Site Plan Control, and Section 415-20, Municipal Infrastructure Agreements, substantially in accordance with Attachment 2 to this report.

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3. City Council amend the City of Toronto Municipal Code, Chapter 415, Development of Land, Section 415-19.2, Mandatory Pre-Application Consultation, substantially in accordance with Attachment 4 to this report. 4. City Council direct the Chief Planner and Executive Director, City Planning to undertake stakeholder and public consultation regarding pre-application consultation with local communities and Councillors and report back to Planning and Housing Committee by Q2 2024. 5. City Council authorize the City Solicitor to make such stylistic and technical changes to the Official Plan Amendment and the amendments to the City of Toronto Municipal Code as may be required.

Considered

2023-09-28 · Planning and Housing Committee · amended
Decision as filed
The Planning and Housing Committee recommends that: 1. City Council adopt the Official Plan Amendment 688 substantially in accordance with Attachment 1 to the report (September 14, 2023) from the Chief Planner and Executive Director, City Planning. 2. City Council amend the City of Toronto Municipal Code, Chapter 415, Development of Land, Article V, Site Plan Control, and Section 415-20, Municipal Infrastructure Agreements, substantially in accordance with Attachment 2 to the report (September 14, 2023) from the Chief Planner and Executive Director, City Planning.
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3. City Council amend the City of Toronto Municipal Code, Chapter 415, Development of Land, Section 415-19.2, Mandatory Pre-Application Consultation, substantially in accordance with Attachment 4 to the report (September 14, 2023) from the Chief Planner and Executive Director, City Planning. 4. City Council direct the Chief Planner and Executive Director, City Planning to undertake stakeholder and public consultation regarding pre-application consultation with local communities and Councillors and report back to Planning and Housing Committee by the second quarter of 2024. 5. City Council authorize the City Solicitor to make such stylistic and technical changes to the Official Plan Amendment and the amendments to the City of Toronto Municipal Code as may be required. 6. City Council direct the Deputy City Manager, Development and Growth Services, to report to Planning and Housing Committee on a quarterly basis beginning in the first quarter of 2024 with available metrics related to changes in development application review timelines as a result of continuous improvements to city processes, including: a. Average timeline to complete the Pre-Application Consultation Process; b. Average timeline to reach a decision on a Zoning By-law Application; c. Average timeline to reach a decision on a OPA/Zoning By-law Application; and d. Average timeline to achieve an approved Site Plan Application. 7. City Council direct the Chief Planner and Executive Director, City Planning, to undertake further consultation with the Building Industry and Land Development Association (BILD) to finalize a Terms of Reference for the in-effect zoning compliance requirement recommended in OPA 688. 8. City Council request the province of Ontario to eliminate the amendments in Bill 109 to Section 114 of the City of Toronto Act that prescribes planning application fee refunds. 9. City Council request the Chief Planner and Executive Director, City Planning, and the City Solicitor, to report to the November 30, 2023 meeting of the Planning and Housing Committee with possible measures, if any, that could be taken by the City of Toronto to avoid planning application fee refunds as prescribed in Bill 109 amendments to Section 114 of the City of Toronto Act.
Clerk’s note
The Project Director Business Transformation, City Planning gave a presentation to the Planning and Housing Committee. The Planning and Housing Committee held a statutory public meeting on September 28, 2023, and notice was given in accordance with the Planning Act.
2023-10-11 · Toronto City Council · amended

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