Planning and Housing Committee
The full agenda, as filed
All 4 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
PH10.1adopted
City-Initiated Priority Retail Streets Zoning By-law Amendments: Final Report:
This report recommends approval of City-initiated zoning by-law amendments for Priority Retail Streets for the area within the Downtown Plan boundaries shown on Attachment 3 to this report. The Downtown Plan (Official Plan Amendment 406) contains policies for Priority Retail Streets which updates and expands the number and locations of Priority Retail Streets to include the areas targeted for growth within the Downtown. The intent is to ensure that the frontages and grade-related uses on these streets are active, contain non-residential gross floor area and animate the street frontage through high-quality design. The recommended zoning amendments to both the former City of Toronto Zoning By-law 438-86 and City of Toronto Zoning By-law 569-2013 implement the Downtown Plan. The recommended zoning by-law amendments to By-law 438-86 aligns the streets where the Priority Retail Street designation applies with the additions made in the Downtown Plan, updates the list of uses considered to be street-related, and adds a new design standard pertaining to glazing. The existing design standards in By-law 438-86 are maintained. The recommended zoning by-law amendments to By-law 569-2013 would integrate the Priority Retail Street requirements into the By-law by creating a Priority Retail Street Overlay in Chapter 600.
The Planning and Housing Committee recommends that: 1. City Council amend Zoning By-law 438-86 in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (October 28, 2019) from the Chief Planner and Executive Director, City Planning. 2. City Council amend City of Toronto Zoning By-law 569-2013 in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the report (October 28, 2019) from the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft zoning by-law amendments as may be required.
Staff recommendation as filed
The Chief Planner and Executive Director recommends that: 1. City Council amend Zoning By-law 438-86 in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to this report. 2. City Council amend City of Toronto Zoning By-law 569-2013 in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to this report. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft zoning by-law amendments as may be required.
PH10.2adopted
Housing Now - 777 Victoria Park Avenue - Zoning Amendment - Final Report
This report recommends approval of a City-initiated amendment to Zoning By-law 569-2013, as amended, for a portion of the City-owned property at 777 Victoria Park Avenue, as part of the Housing Now Initiative. The recommended Zoning By-law Amendment (Attachment 4) will facilitate the development of approximately 508 new residential units on the site, including at least 254 affordable rental units. The proposed amendment will permit over 41,000 square metres of development, comprising a tall building at the north end of the site (up to 23 storeys) and a mid-rise building at the south end of the site (up to 11 storeys). The proposed development will include retail and community space at grade, including a child care facility, in addition to residential uses. The recommended Zoning By-law Amendment establishes setbacks and publicly-accessible open space that can be enhanced to improve the public realm and pedestrian experience on Victoria Park Avenue and Denton Avenue. The commuter parking use currently provided on the site is proposed to be permitted as part of a mix of below-grade resident, visitor and public parking. The recommended Zoning By-law Amendment would enable redevelopment of the site consistent with the development concept prepared by CreateTO and refined through public consultation and the City's formal review process. Development of 777 Victoria Park Avenue in accordance with this report's recommendations will ensure this City-owned property is optimized for the development of affordable and market rental housing and the creation of a complete, inclusive, livable community. The recommended mix of uses and intensification of the property maximize its transit-oriented location, are consistent with the Provincial Policy Statement (2014) and conform with the Growth Plan for the Greater Golden Horseshoe (2019) and the City of Toronto Official Plan. The proposed massing of the new buildings fits within an established tall building context while respecting transitions to adjacent properties. This development is complemented by improvements to the public realm and attention to traffic impact mitigation on both Victoria Park and Denton Avenues. City Council's decision regarding the recommended Zoning By-law Amendment will set the stage for the next phase of the Housing Now Initiative: procurement by the City of a development partner to construct and operate a mixed-use, mixed-income development at 777 Victoria Park Avenue. The development partner will be responsible for submitting a Site Plan Control application in 2020 to finalize development plans. The City will secure the terms of construction and housing operation through a 99-year lease.
The Planning and Housing Committee recommends that: 1. City Council amend Zoning By-law 569-2013, as amended, for a portion of the lands at 777 Victoria Park Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 4 to the report (October 29, 2019) from the Chief Planner and Executive Director, City Planning, 2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 3. City Council direct the General Manager, Parks, Forestry and Recreation, and request the Toronto Transit Commission, in consultation with the Chief Executive Officer, CreateTO, to advance a detailed design of a rebuilt facility at Dentonia Park Golf Course combining golf course parking and a Passenger Pick-up and Drop-off facility and bring forward plans and budget requests through the annual budget process in the future. 4. City Council request CreateTO and the Toronto Parking Authority, to engage project development proponents on the operation of a paid public parking facility at 777 Victoria Park Avenue and report to the Board of Directors of CreateTO or the Board of Directors of the relevant CreateTO corporate entity as part of the proposed transaction terms.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning, recommends that: 1. City Council amend Zoning By-law 569-2013, as amended, for a portion of the lands at 777 Victoria Park Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 4. 2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 3. City Council direct the General Manager, Parks, Forestry and Recreation, and request the Toronto Transit Commission, in consultation with the Chief Executive Officer, CreateTO, to advance a detailed design of a rebuilt facility at Dentonia Park Golf Course combining golf course parking and a Passenger Pick-up and Drop-off facility and bring forward plans and budget requests through the annual budget process in the future. 4. City Council request CreateTO and the Toronto Parking Authority, to engage project development proponents on the operation of a paid public parking facility at 777 Victoria Park Avenue and report to the Board of Directors of CreateTO or the Board of Directors of the relevant CreateTO corporate entity as part of the proposed transaction terms.
PH10.3amended
Inclusionary Zoning Public Consultation Comments and Update
This report presents the results of public consultations conducted over the past six months on the proposed Inclusionary Zoning policy directions considered by Planning and Housing Committee at its May 2019 meeting. Inclusionary Zoning (IZ) is a land-use planning tool that enables the City to require that affordable housing units be included in new residential developments. Through Inclusionary Zoning, the City has the potential to increase the supply of affordable housing, continue to encourage market housing development by supporting a diverse range of housing supply, and create more inclusive, complete and equitable communities. Staff developed proposed policy directions for Inclusionary Zoning based on initial consultations with key stakeholders as well as findings from an in-depth analysis of housing need and demand over the past 10 years, current trends in market pricing for ownership and rental housing, and potential impacts of Inclusionary Zoning on the financial viability of market developments. The public consultation approach on the proposed policy directions included engagement on broad options for the application of Inclusionary Zoning and facilitation of independent community groups to host their own consultation events, as directed by the Planning and Housing Committee. The consultations also asked for feedback on a proposed new definition of affordable ownership housing. Staff were previously directed by the Planning and Growth Management Committee on April 6, 2016 to report back on a new Official Plan definition of affordable ownership housing in conjunction with Inclusionary Zoning. Overall, there was general support for Inclusionary Zoning, with many stakeholders and members of the public recommending that the official plan policies provide a clear framework for implementation and maximize opportunities for creating new units in market developments that remain affordable over the long term. Many suggested the City move to an income-based definition of "affordable" to better reflect rent levels that are affordable to low-income households. The feedback from this first round of public consultation will help to inform further analysis on the Assessment Report and the development of a draft policy framework. Since the background financial impact analysis work and proposed policy directions for Inclusionary Zoning were presented to the Planning and Housing Committee on May 28, 2019, the Province made changes to the Planning Act through Bill 108 to limit where municipalities can implement Inclusionary Zoning. Previously under Bill 7 (the Promoting Affordable Housing Act, 2016), municipalities were able to determine the areas where inclusionary zoning would apply. As a result of the Province's enactment of Bill 108, Inclusionary Zoning is now limited to Protected Major Transit Station Areas or areas where a Development Permit System has been ordered by the Minister. This change came into force and effect on September 3, 2019. Bill 108 also introduced changes to remove the existing Section 37 provisions in the Planning Act and replace it with a capped community benefit charge that combines development charges for growth-related parks and capital infrastructure, parkland and community benefits. Details of the new community benefits authority under the Planning Act have not yet been outlined in a provincial regulation. The new community benefits authority may impact the Inclusionary Zoning financial impact analysis findings. For example higher or lower inclusionary zoning requirements than what was outlined in the proposed policy directions may be feasible as a result of the new community benefits framework. As a result, work on the Inclusionary Zoning policy framework cannot be finalized until the provincial regulation on the new community benefits authority is issued and any required further analysis is completed to reflect the new community benefits authority in the Inclusionary Zoning Assessment Report. A further regulation related to the CBC is anticipated to be released in the fall. Once the regulation is issued, staff will advance work on Inclusionary Zoning, including developing a draft policy framework based on work completed to date and feedback received through the public consultations. Staff will continue to request that the Province allow the City to implement Inclusionary Zoning in areas beyond Protected Major Transit Station Areas.
The Planning and Housing Committee : 1. Directed that the public consultation comments in Attachment 1 to the report (October 23, 2019) from the Chief Planner and Executive Director, City Planning be used to inform the development of draft Inclusionary Zoning Official Plan policies. 2. Directed City Planning staff to provide a status update to the Planning and Housing Committee, by February 2020, on Inclusionary Zoning Official Plan policies including a process for designating the required Protected Major Station Areas and that any required further analysis be completed. 3. Directed the Chief Planner and Executive Director, City Planning to report to the Planning and Housing Committee on February 12, 2020 on the potential number of units and level of affordability that may have been achieved by an Inclusionary Zoning policy based on the pre Bill 108 policy framework and the feedback received through the public consultation. 4. Directed the Chief Planner and Executive Director, City Planning in collaboration with CreateTO to report to the Planning and Housing Committee on February 12, 2020 with a list of large site or other sites where affordable housing could be created using our current and available tools.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. The Planning and Housing Committee direct that the public consultation comments in Attachment 1 to this report be used to inform the development of draft Inclusionary Zoning Official Plan policies. 2. The Planning and Housing Committee direct that City Planning staff report back at the earliest possible date with draft Inclusionary Zoning Official Plan policies once provincial regulations on the new community benefits authority have been issued and any required further analysis completed.
PH10.4amended
Amendments to Chapter 354, Apartment Buildings, and Progress Update on RentSafeTO
This report provides an update on the Apartment Buildings By-law, Chapter 354, and the RentSafeTO program. This report also recommends improvements to the By-law. The RentSafeTO program is the first of its kind in Canada, and builds on the City of Toronto's previous Multi-Residential Apartment Buildings (MRAB) program. The objectives of the new program are to strengthen enforcement of City by-laws, enhance tenant engagement and access to information, promote preventative maintenance in apartment buildings to prevent the deterioration of standards, and recover the cost of ensuring compliance through user fees. This report provides an update on the Apartment Buildings By-law, Chapter 354, and the RentSafeTO program. This report also recommends improvements to the By-law. The RentSafeTO program is the first of its kind in Canada, and builds on the City of Toronto's previous Multi-Residential Apartment Buildings (MRAB) program. The objectives of the new program are to strengthen enforcement of City by-laws, enhance tenant engagement and access to information, promote preventative maintenance in apartment buildings to prevent the deterioration of standards, and recover the cost of ensuring compliance through user fees. RentSafeTO is a registration, audit and enforcement program enabled by Toronto Municipal Code Chapter 354, Apartment Buildings, a by-law adopted by City Council in March 2017. The program came into effect July 1, 2017 and applies to all apartment buildings with three or more storeys and 10 or more units, which accounts for 30 percent of Toronto's residents who live in approximately 3,500 apartment buildings across the city. The program provides the City with additional enforcement mechanisms, and establishes a risk-based approach to evaluating and auditing apartment buildings, with the aim of enhancing the quality of living standards in the City's rental stock. Highlights of the RentSafeTO program are: - As of October 2019, a total of 3,446 buildings have registered with the City. - In the first year of the program, staff evaluated 3,420 registered buildings. A total of 68 buildings did not pass evaluations, and were subject to an audit. - In the second year of the program, staff re-evaluated 1,801 of the lowest scoring buildings from the first year. A total of 18 buildings did not pass evaluations and were subject to an audit. - Buildings scored an average of 12 percent higher in the second year of the program compared to the first year. - Since the introduction of the program, staff have worked to rectify 3,305 building deficiencies, and have closed 43 Notices of Violation and 245 Orders to Comply. - In order to provide landlords information about the building maintenance standards established in the by-law, staff developed a Building Owner Handbook that outlines the requirements related to capital repair plans, cleaning plans, pest management, tenant service requests, and more. - In order to increase public awareness of the program, staff have created dedicated websites for both tenants and landlords, and participated in OpenStreetsTO in the summers of 2018 and 2019. Advertisements have been placed in newspapers (in 12 different languages); TTC subways, buses and stations; transit shelters; campuses, restaurants and bars; magazines; the PATH underground system; various high-traffic websites; and social media. - Apartment building data collected through the registration process, as well as the results from the evaluation process, have been uploaded to the City's Open Data Portal. City staff conducted research, analysis and consultation throughout 2018 and 2019 to assess how the program has been working since the introduction of the by-law, including consultations with the general public, and tenant and landlord stakeholders. Staff found that the RentSafeTO program has been effective in meeting its objectives to date. The program is still in its early stages, and staff continue to work to improve the program and bring landlords into compliance with the By-law. Based on research, analysis and consultation findings, staff have identified opportunities for improvement at this time. The report recommends introducing a tool for the City to recover costs associated with providing Emergency Social Services (e.g. temporary lodging), in instances when a building must be evacuated and landlords do not provide supports such as temporary accommodation. This proposal aims to better enable the City and partner agencies to effectively respond to emergencies, encourage landlords to make their best efforts to accommodate displaced tenants if possible, and enable the City to recover costs related to providing Emergency Social Services where necessary. The report also recommends additional enhancements to the program, including: requirements for landlords to post the results of evaluations within their buildings and provide results to existing and prospective tenants when requested; requirements for landlords to provide additional information on pest management activities and greater public education on best practices; and greater outreach to improve awareness of the program, including increased tenant engagement. Finally, this report responds to directives from Council regarding indoor temperatures within apartment buildings, and requests the Province move forward with legislation to address concerns around elevator availability, reliability and safety. This report was prepared in consultation with Legal Services, the Office of Emergency Management, Toronto Fire, Toronto Building, Social Development, Finance and Administration, the Housing Secretariat, Toronto Public Health, Environment and Energy, and the Resilience Office.
The Planning and Housing Committee recommends that: 1. City Council amend City of Toronto Municipal Code, Chapter 354, Apartment Buildings, as follows: a. Require landlords to display a copy of the building evaluation result document, received by the City following their last evaluation, on the tenant notification board, and provide copies to any persons who request it. b. Require landlords to post information on the RentSafeTO program, including contact information for 311, on the tenant notification board. c. Require landlords to post information related to any violations of the Ontario Fire Code, as identified by Toronto Fire, on the tenant notification board. d. Require landlords to provide information directly to tenants on the RentSafeTO program annually and on signing of a lease agreement. e. Amend the requirement that landlords post information on the tenant notification board about air conditioned spaces in the building to include information about other places on the property that offer relief from uncomfortably warm indoor temperatures, including a cooling room or shaded area. f. Amend the requirement that landlords post pest management information on the tenant notification board to also include: 1. certificate or other documentation provided by a licensed pest control operator upon completion of pest control services when services are received; 2. schedule of pest control services, including anticipated treatment and preventative activities; 3. service standards for pest control services, including timelines that tenants can expect for scheduling treatment when a landlord is made aware of the presence of pests; and 4. information on any pesticide or other product used by a licensed pest control operator during pest control activity. g. Require that notice of regular visits by RentSafeTO staff be posted on Tenant Notification Boards at least 30 days prior to building audits with appropriate contact information for staff, or registering complaints, so that tenants can ensure inspection plans incorporate relevant pre-existing issues. h. Require that landlords develop and maintain a capital plan for each rental building that includes a comprehensive 5-year forecast extending beyond major capital repairs to include common element improvements, and other anticipated work that will impact tenants' access to, or enjoyment of, their rental property and that this be made accessible to tenants upon request within 60 days. Capital elements included in the plan should include, but not be limited to the following: 1. Roofs 2. Elevators 3. Building facades 4. Windows 5. Major mechanical and air treatment systems 6. Garages 7. Interior flooring and wall finishes 8. Balconies 9. Guardrails 10. Stairwells and stairwell handrails 11. Building access and emergency exit doors 2. City Council amend the City of Toronto Municipal Code, Chapter 441, Fees and Charges, by adding a variable fee (see Table 1 below) for recovery of costs associated with the provision of Emergency Social Services, including direct aid such as lodging, administrative expenses and ancillary costs in instances when: a. A substantial portion of a building becomes uninhabitable, as determined by the appropriate regulatory authority or authorities, because of vital services disruptions, fire, flood or other occurrence; b. the building is three or more stories, with 10 or more units (as per the RentSafeTO registration requirements); and c. the landlord does not provide re-housing for tenants. Table 1: Chapter 441, Fees and Charges, Schedule 12, New Cost Recovery Fee for Emergency Social Services in Apartment Buildings Ref. No. Service Fee Description Category Fee Basis Fee Annual Adjustment New Private Properties Cost recovery related to the provision of Emergency Social Services in Apartment Buildings Full Cost Recovery Actual Cost to provide Emergency Social Services Variable No 3. City Council direct that all fees in Table 1 above, shall be waived for social housing providers. Social housing providers are: a. Toronto Community Housing Corporation. b. A non-profit provider of assisted or social housing under a program administered by the City of Toronto. c. A dedicated supportive housing provider funded by the Province of Ontario. 4. City Council request the Province of Ontario move forward with the Access to Consumer Credit Reports and Elevator Availability Act, 2018, or introduce similar legislation to address concerns around safety, reliability and availability of elevators. 5. City Council direct that the changes to the City of Toronto Municipal Code Chapter 354, Apartment Buildings, come into effect on March 1, 2020. 6. City Council direct that the changes to the City of Toronto Municipal Code Chapter 441, Fees and Charges, come into effect immediately. 7. City Council direct the Executive Director, Municipal Licensing and Standards, to provide information for tenants on how to report or escalate property standards issues on the Tenant Information Portal. 8. City Council direct the Executive Director, Municipal Licensing and Standards, to evaluate the feasibility of expanding the criteria of building evaluations to include the condition of building roofs, pest infestations, the presence of mould, water pressure, the condition of unit windows, and compliance with existing Tenant Notification Board requirements, working with other divisional staff where necessary, and report back to the March 23, 2020 meeting of the Planning and Housing Committee. 9. City Council direct the Executive Director, Municipal Licensing and Standards, to evaluate the feasibility of requiring that landlords provide all tenants with information about RentSafeTO when issuing N2 forms and report back to the March 23, 2020 meeting of the Planning and Housing Committee. 10. City Council direct the City Manager to request the provincial government to provide City of Toronto Municipal Standards Officers the ability to investigate Residential Tenancies Act infractions as part of RentSafe. 11. City Council reaffirm its direction to the Executive Director, Municipal Licensing and Standards to develop standard operating procedure service standards for 2020, subject to annual review, for Municipal Standards Officers which provide targeted timelines by violation category to bring landlords into compliance with City by-laws from the date an order is issued, and make the standards available to the public on the RentSafe website by the first quarter of 2020. 12. City Council direct the Executive Director, Municipal Licensing and Standards to create a rating system similar to the City's "Dinesafe" program that requires landlords to post a colour-coded sign that displays the City's rating in a prominent, publicly identifiable location, along with posting the same information on the RentSafe website, and report to the Planning and Housing Committee in the first quarter of 2020. 13. City Council reaffirm its direction to the Executive Director, Municipal Licensing and Standards to establish guidelines for when the Property Standards Committee can grant time extensions on work orders and to limit those criteria to only those situations that are deemed as extraordinary circumstances and report to the Planning and Housing Committee in the first quarter of 2020. 14. City Council reaffirm its direction to the Executive Director, Municipal Licensing and Standards to report on the following to the Planning and Housing Committee in the first quarter of 2020: a. the proposed Administrative Penalty By-law, and increased set fines which would apply to violations under the Rental Apartment Building By-law; and b. the proposed policies and operating procedures, organizational changes and financing requirements to enhance the capacity of Municipal Licensing and Standards to undertake remedial action. 15. City Council reaffirm its direction to the Executive Director, Municipal Licensing and Standards to allocate $60,000 of the program budget for tenant engagement to be used for direct door-to-door engagement regarding tenant rights and responsibilities, and advice on how tenants can participate in Toronto's by-law for apartment buildings, subject to the criteria Council established in 2017.LS17.1, Part 42.
Staff recommendation as filed
The Executive Director, Municipal Licensing and Standards recommends that: 1. City Council amend City of Toronto Municipal Code, Chapter 354, Apartment Buildings, as follows: a. Require landlords to display a copy of the building evaluation result document, received by the City following their last evaluation, on the tenant notification board, and provide copies to any persons who request it. b. Require landlords to post information on the RentSafeTO program, including contact information for 311, on the tenant notification board. c. Require landlords to post information related to any violations of the Ontario Fire Code, as identified by Toronto Fire, on the tenant notification board. d. Require landlords to provide information directly to tenants on the RentSafeTO program annually and on signing of a lease agreement. e. Amend the requirement that landlords post information on the tenant notification board about air conditioned spaces in the building to include information about other places on the property that offer relief from uncomfortably warm indoor temperatures, including a cooling room or shaded area. f. Amend the requirement that landlords post pest management information on the tenant notification board to also include: 1. certificate or other documentation provided by a licensed pest control operator upon completion of pest control services when services are received; 2. schedule of pest control services, including anticipated treatment and preventative activities; 3. service standards for pest control services, including timelines that tenants can expect for scheduling treatment when a landlord is made aware of the presence of pests; and 4. information on any pesticide or other product used by a licensed pest control operator during pest control activity. 2. City Council amend the City of Toronto Municipal Code, Chapter 441, Fees and Charges, by adding a variable fee (see Table 1) for recovery of costs associated with the provision of Emergency Social Services, including direct aid such as lodging, administrative expenses and ancillary costs in instances when: a. A substantial portion of a building becomes uninhabitable, as determined by the appropriate regulatory authority or authorities, because of vital services disruptions, fire, flood or other occurrence; b. the building is three or more stories, with 10 or more units (as per the RentSafeTO registration requirements); and c. the landlord does not provide re-housing for tenants. Table 1: Chapter 441, Fees and Charges, Schedule 12, New Cost Recovery Fee for Emergency Social Services in Apartment Buildings Ref. No. Service Fee Description Category Fee Basis Fee Annual Adjustment New Private Properties Cost recovery related to the provision of Emergency Social Services in Apartment Buildings Full Cost Recovery Actual Cost to provide Emergency Social Services Variable No 3. City Council direct that all fees in Table 1 shall be waived for social housing providers. Social housing providers are: a. Toronto Community Housing Corporation. b. A non-profit provider of assisted or social housing under a program administered by the City of Toronto. c. A dedicated supportive housing provider funded by the Province of Ontario. 4. City Council request the Province of Ontario move forward with the Access to Consumer Credit Reports and Elevator Availability Act, 2018, or introduce similar legislation to address concerns around safety, reliability and availability of elevators. 5. City Council direct that the changes to the City of Toronto Municipal Code Chapter 354, Apartment Buildings, come into effect on March 1, 2020. 6. City Council direct that the changes to the City of Toronto Municipal Code Chapter 441, Fees and Charges, come into effect immediately.