Planning and Housing Committee
The full agenda, as filed
All 8 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.
PH8.1amended
In February 2019, City Council directed Toronto Community Housing Corporation (TCHC) to review the state of repairs and maintenance needed of the major electrical services in multi-residential, high-rise portfolio. This report provides an overview of the electrical safety measures undertaken by TCHC to ensure that electrical systems are well maintained and are operating as intended. To enhance the health and safety of tenants, programs and processes to maintain electrical systems and to mitigate fire and life safety hazards are a key feature of TCHC's core work. These include preventative maintenance programs and proactive inspections and audits, all of which support capital planning and our ability to respond to emerging issues and tenant needs. TCHC takes electrical safety and the safety of tenants very seriously. TCHC's electrical systems are compliant with the Ontario Electrical Safety Code, the Toronto Municipal Code and the Fire Protection and Prevention Act. TCHC will continue to maintain comprehensive preventive maintenance activities, and make upgrades to systems in compliance with provincial and municipal legislation and regulation.
The Planning and Housing Committee recommends that: 1. City Council forward the report (August 27, 2019) from the President and Chief Executive Officer, Toronto Community Housing Corporation to the Toronto Community Housing Corporation Board of Directors.
Staff recommendation as filed
The President and Chief Executive Officer, Toronto Community Housing Corporation, recommends that: 1. The Planning and Housing Committee receive this report for information.
PH8.2adopted
Review of the Terms of Reference - Subcommittee on the Protection of Affordable Rental Housing
At its meeting on May 28, 2019 the Planning and Housing Committee established a subcommittee to make recommendations to the Planning and Housing Committee on the protection of affordable rental housing, including, but not limited, to such matters as: a. the impact of N12 and N13 evictions on the supply of affordable housing in the City of Toronto; and b. how the City of Toronto may better assist and protect tenants to stay in their apartments and protect the affordable housing supply in Toronto including suggested changes to the Landlord and Tenant Board process. At its meeting on July 16, 2019, the Subcommittee on the Protection of Affordable Rental Housing considered Item RH1.2 - Review of the Terms of Reference.
The Planning and Housing Committee: 1. Amended the Terms of Reference of the Subcommittee on the Protection of Affordable Rental Housing to include: "1. Support the City of Toronto to better assist and protect tenants to stay in their apartments and protect the affordable housing supply in Toronto through the following measures: a. Identify additional city resources and expertise available to support tenants facing eviction from N13 and N12, including education materials and awareness campaigns on existing city resources and policies to protect affordable rental housing; b. Develop standards and guidelines to better align Toronto Buildings notices and orders to comply with the standards set in the Residential Tenancies Act; c. Identify recommended policy changes to the Residential Tenancies Act that would limit N13 and N12 eviction to be for valid purposes only. d. Identify mechanisms for tracking and monitoring data on N12 and N13 evictions, above guideline rent increases, and changes to the short-term rental housing stock. e. Determine what additional role city legal can play in supporting tenants with disputed N13 evictions. f. Coordinate input from community legal service providers and other relevant stakeholders on better coordination between the city and non-profit legal services agencies supporting residents with Landlord Tenant Board matters. g. Continue to engage with community members and housing organizations who have been working on these issues, including special consultations. 2. Determine the impact of N13 and N12 evictions on the supply of affordable housing in Toronto and provide feedback to the city's Housing Plan 2020-2030." 2. Requested the City Manager to: a. Establish a staff lead for N13 and N12 renovictions. b. Convene a workshop which include civil society organizations and experts from other Canadian jurisdictions to examine best practices.
Staff recommendation as filed
The Subcommittee on the Protection of Affordable Rental Housing recommends that the Planning and Housing Committee: 1. Amend the Terms of Reference of the Subcommittee on the Protection of Affordable Rental Housing to include: "1. Support the City of Toronto to better assist and protect tenants to stay in their apartments and protect the affordable housing supply in Toronto through the following measures: a. Identify additional city resources and expertise available to support tenants facing eviction from N13 and N12, including education materials and awareness campaigns on existing city resources and policies to protect affordable rental housing; b. Develop standards and guidelines to better align Toronto Buildings notices and orders to comply with the standards set in the Residential Tenancies Act; c. Identify recommended policy changes to the Residential Tenancies Act that would limit N13 and N12 eviction to be for valid purposes only. d. Identify mechanisms for tracking and monitoring data on N12 and N13 evictions, above guideline rent increases, and changes to the short-term rental housing stock. e. Determine what additional role city legal can play in supporting tenants with disputed N13 evictions. f. Coordinate input from community legal service providers and other relevant stakeholders on better coordination between the city and non-profit legal services agencies supporting residents with Landlord Tenant Board matters. g. Continue to engage with community members and housing organizations who have been working on these issues, including special consultations. 2. Determine the impact of N13 and N12 evictions on the supply of affordable housing in Toronto and provide feedback to the city's Housing Plan 2020-2030." 2. Request the City Manager to: a. Establish a staff lead for N13 and N12 renovictions. b. Convene a workshop which include civil society organizations and experts from other Canadian jurisdictions to examine best practices.
PH8.3amended
Open Door Program Call for Applications 2019: Support for 651 New Affordable Rental Homes
This report outlines the results of the 2019 Open Door Program Call for Affordable Rental Housing Applications and recommends eight non-profit and private sector development proposals, representing a total of 651 affordable homes, for approval by City Council. Three of the eight recommended proposals are from non-profit housing organizations representing 215 homes across the City. The recommended development proposals follow a competitive Call for Applications which was issued on February 25, 2019 and closed on May 3, 2019. The applications were reviewed by an interdivisional committee of staff from the Housing Secretariat, City Planning, City Legal, Shelter Support and Housing Administration, and Corporate Finance. In addition to the eight applications being recommended for Council approval, this report recommends pre-development funding for five non-profit groups to assist them in revising their plans should they wish to apply in future Call for Applications. These five proposals represent another potential 538 non-profit homes in the affordable housing development pipeline. This report recommends that authority be granted to the Executive Director, Housing Secretariat to enter into the necessary agreements to fund and secure the construction and operation of these homes as affordable housing for a minimum period of 30 years, and in some cases in perpetuity.
The Planning and Housing Committee recommends that: 1. City Council authorize the Executive Director, Housing Secretariat, to provide capital funding from the Development Charges Reserve Fund for Subsidized Housing (XR2116), in the amounts and for the developments described in Chart A in the Financial Impact section of the report (September 4, 2019) from the Executive Director, Housing Secretariat and in an amount not to exceed $12,327,344 to facilitate creation of the 651 affordable rental homes through the Open Door Program. 2. City Council authorize the Executive Director, Housing Secretariat to provide capital funding from the Development Charges Reserve Fund for Subsidized Housing (XR2116), in the amounts and for the developments described in Chart C in the Financial Impact section of report (September 4, 2019) from the Executive Director, Housing Secretariat and in an amount not to exceed $250,000 for the purpose of conducting pre-development activities including addressing issues identified by City staff to facilitate the creation of 538 affordable rental homes through the 2020 Open Door Program. 3. City Council authorize the Executive Director, Housing Secretariat, to exempt the developments described in Chart A in the Financial Impact section of the report (September 4, 2019) from the Executive Director, Housing Secretariat from the payment of development charges, building, planning and parkland dedication fees. 4. City Council authorize an exemption from taxation for municipal and school purposes for the developments and for the periods of time described in Chart B in the Financial Impact section and Appendix 1 of report (September 4, 2019) from the Executive Director, Housing Secretariat. 5. City Council authorize City staff to cancel or refund any taxes paid after the effective date of the municipal housing facility agreement (the City's Contribution Agreement). 6. City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a municipal housing facility agreement (the City's Contribution Agreement) with the developers of the developments described in Chart A in the Financial Impact section of report (September 4, 2019) from the Executive Director, Housing Secretariat, or related corporations, to secure the financial assistance and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer and General Manager, Shelter, Support and Housing Administration, in a form approved by the City Solicitor. 7. City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a pre-development agreement with the developers of the proposals described in Chart C in the Financial Impact section of report (September 4, 2019) from the Executive Director, Housing Secretariat, or related corporations, to secure the financial assistance, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer and General Manager, Shelter, Support and Housing Administration, in a form approved by the City Solicitor. 8. City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any security or financing documents or any other documents required to facilitate the funding process, including any documents required by the developers of the developments described in Charts A and B in the Financial Impact section and Appendix 1 of the report (September 4, 2019) from the Executive Director, Housing Secretariat, or their related corporations to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by Council. 9. City Council authorize the General Manager, Shelter, Support and Housing Administration, in consultation with the Executive Director, Housing Secretariat, to make any necessary future budget adjustments to accommodate the funds approved in the report (September 4, 2019) from the Executive Director, Housing Secretariat, from the Development Charges Reserve Fund for Subsidized Housing. 10. City Council direct the Executive Director, Housing Secretariat to include a proposal in the November 2019 Housing Opportunities Toronto report which guarantees that subsidies to not for profit providers are at least equal to the subsidies for profit providers. 11. City Council request the Executive Director, Housing Secretariat to make information available through the City's Open Data portal on the current status of all projects approved through the Open Door Program, including the number of units approved, development approval stage, project proponent, any changes to project proposals, and other relevant information.
Staff recommendation as filed
The Executive Director, Housing Secretariat recommends that: 1. City Council authorize the Executive Director, Housing Secretariat, to provide capital funding from the Development Charges Reserve Fund for Subsidized Housing (XR2116), in the amounts and for the developments described in Chart A in the Financial Impact section of this Report and in an amount not to exceed $12,327,344 to facilitate creation of the 651 affordable rental homes through the Open Door Program. 2. City Council authorize the Executive Director, Housing Secretariat to provide capital funding from the Development Charges Reserve Fund for Subsidized Housing (XR2116), in the amounts and for the developments described in Chart C in the Financial Impact section of this Report and in an amount not to exceed $250,000 for the purpose of conducting pre-development activities including addressing issues identified by City staff to facilitate the creation of 538 affordable rental homes through the 2020 Open Door Program. 3. City Council authorize the Executive Director, Housing Secretariat, to exempt the developments described in Chart A in the Financial Impact section of this Report from the payment of development charges, building, planning and parkland dedication fees. 4. City Council authorize an exemption from taxation for municipal and school purposes for the developments and for the periods of time described in Chart B in the Financial Impact section and Appendix 1 of this Report. 5. City Council authorize City staff to cancel or refund any taxes paid after the effective date of the municipal housing facility agreement (the City's Contribution Agreement). 6. City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a municipal housing facility agreement (the City's Contribution Agreement) with the developers of the developments described in Chart A, or related corporations, to secure the financial assistance and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer & Treasurer and General Manager, Shelter, Support and Housing Administration, in a form approved by the City Solicitor. 7. City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a pre-development agreement with the developers of the proposals described in Chart C, or related corporations, to secure the financial assistance, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer & Treasurer and General Manager, Shelter, Support and Housing Administration, in a form approved by the City Solicitor. 8. City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any security or financing documents or any other documents required to facilitate the funding process, including any documents required by the developers of the developments described in Charts A and B in the Financial Impact section and Appendix 1 of this Report, or their related corporations to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by Council. 9. City Council authorize the General Manager, Shelter, Support and Housing Administration, in consultation with the Executive Director, Housing Secretariat, to make any necessary future budget adjustments to accommodate the funds approved in this report from the Development Charges Reserve Fund for Subsidized Housing.
PH8.4adopted
Toronto Municipal Code Chapter 363, Construction and Demolition By-law Update
The purpose of this report is to recommend that City Council adopt a revised Chapter 363, Building Construction and Demolition ("Toronto Municipal Code, Chapter 363") in order to: - Revise the requirements and terminology in the By-law to align with Toronto Building's Electronic Service Delivery Program; - Re-organize the By-law so that the content is sequenced in a manner consistent with the permit application process, making it easier for the public to understand and comply with the requirements; - Clarify the process for applying for an Alternative Solution to the prescriptive Building Code requirements, intended to facilitate innovative building design; - Revise the requirements for construction fences, in order to improve the effectiveness and efficiency by reducing duplication between Toronto Building and Municipal Licensing and Standards; - Clarify the requirements of the Toronto Building Certified Plans Program to allow the use of identical plans multiple times in the City; - Amend the current procedures for revocation of building permits, intended to strengthen the ability of the City to address dormant construction sites and open permits; and - Make a number of editorial and technical changes so that the language and content is consistent with the current Building Code Act and Building Code. If adopted by Council, the proposed update to Chapter 363 will create a clear and concise set of requirements for the public while allowing the City to meet its statutory obligations under the Building Code Act and strengthen service delivery. Due to the reorganization of the sections within Chapter 363, this report recommends that the current By-law be repealed and replaced with a new by-law, Municipal Code Chapter 363, Building Construction and Demolition (the "New Chapter 363"), effective January 1, 2020.
The Planning and Housing Committee recommends that: 1. City Council repeal Toronto Municipal Code, Chapter 363 (Construction and Demolition) on December 31, 2019 and adopt the revised Toronto Municipal Code, Chapter 363 (Construction and Demolition), as attached in Appendix 1 to the report (August 27, 2019) from the Chief Building Official and Executive Director, Toronto Building, subject to such stylistic and technical changes to the draft by-law as may be required to come into effect on January 1, 2020. 2. City Council repeal By-law 1690-2013 on December 31, 2019 and adopt the revised Toronto Municipal Code, Chapter 363 (Construction and Demolition) that includes the provisions for the Chief Building Official to appoint building inspectors in section 363-1.4 as attached in Appendix 1 to the report (August 27, 2019) from the Chief Building Official and Executive Director, Toronto Building, subject to such stylistic and technical changes to the draft by-law as may be required to come into effect on January 1, 2020. 3. City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council to implement the above noted amendments to the City of Toronto Municipal Code, subject to such stylistic and technical changes to the draft by-law as may be required.
Staff recommendation as filed
The Chief Building Official and Executive Director, Toronto Building recommends that: 1. City Council repeal Toronto Municipal Code, Chapter 363 (Construction and Demolition) on December 31, 2019 and adopt the revised Toronto Municipal Code, Chapter 363 (Construction and Demolition), as attached in Appendix 1 to this report, subject to such stylistic and technical changes to the draft by-law as may be required to come into effect on January 1, 2020. 2. City Council repeal By-law 1690-2013 on December 31, 2019 and adopt the revised Toronto Municipal Code, Chapter 363 (Construction and Demolition) that includes the provisions for the Chief Building Official to appoint building inspectors in section 363-1.4 as attached in Appendix 1 to this report, subject to such stylistic and technical changes to the draft by-law as may be required to come into effect on January 1, 2020. 3. City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council to implement the above noted amendments to the City of Toronto Municipal Code, subject to such stylistic and technical changes to the draft by-law as may be required.
PH8.5adopted
This report responds to Planning and Housing Committee's direction through Item PH5.7 to investigate the feasibility of creating a support centre to replace the functionality of the Province's Local Planning Appeal Support Centre (LPASC) for Committee of Adjustment and Toronto Local Appeal Body (TLAB) matters. Staff conducted this feasibility study by completing a jurisdictional scan, reviewing the Province's LPASC and the City's Mediation Pilot Program, and considering the role that City of Toronto officers and employees currently play in connection with TLAB and Local Planning Appeal Tribunal (LPAT) proceedings. It is important to note that the Province's LPASC was not mandated to provide advice or professional services related to Committee of Adjustment and TLAB matters. The LPAT has jurisdiction over a much broader range of appeals. Staff have analyzed the support centre approach and have identified three factors that need to be considered. The relatively modest number of inquiries administered by the Province's LPASC, combined with the lack of public participation in the City's Mediation Pilot Program, suggests that there may not be sufficient demand to justify the administration and costs for a support centre. The jurisdictional scan demonstrates that other municipalities do not provide support centre services for planning variance applications and appeals. Finally, the City may face challenges in providing this service given the frequency that it appears as a party at TLAB hearings.
The Planning and Housing Committee: 1. Received the report (August 30, 2019) from the Director, Court Services for information.
Staff recommendation as filed
The Director, Court Services recommends that: 1. The Planning and Housing Committee receive this report for information.
PH8.6adopted
Appeals of City-wide Zoning By-law 569-2013 - Request for Direction
On May 8, 2019 the Local Planning Appeal Tribunal (LPAT) issued its Decision and Order on the Phase 3 Hearing of the appeals of the city-wide Zoning By-law 569-2013 concerning the regulations of the Chapter 15 Residential Apartment Zone Category and Chapter 30 the Commercial Zone Category. The LPAT ordered the City to prepare revised regulations to include townhouses as a permitted building type in the Residential Apartment zone in consultation with the appellant. The LPAT ordered to City to advise the Tribunal of the revised regulations and any other provisions or changes to By-law 569-2013 required to give effect to the permissions for townhouses in the RA zone by November 8, 2019. The City Solicitor is seeking direction from City Council.
The Planning and Housing Committee recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix "A" to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor, if they are adopted by City Council. 3. City Council direct that all other information in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor is to remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 of this report. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix "A" to Confidential Attachment 1, if they are adopted by City Council. 3. City Council direct that all other information in Confidential Attachment 1 is to remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
PH8.7adopted
End-to-End Review of the Development Review Process
The purpose of this report is to provide a summary of the end-to-end review of the development review process as directed by the former Planning & Growth Management Committee. The full report of the end-to-end review can be found at https://www.toronto.ca/city-government/planning-development/ . The City of Toronto's development review process is a mature and robust system that supports and informs engagement with public stakeholders. The City believes in continuous improvement to ensure the development review process is efficient and effective; enhances clarity, certainty and transparency to applicants and the public; and above all else, continues achieving valuable city-building objectives such as affordable housing, transit, economic development, parklands and complete communities. In response to the direction of City Council and the Planning & Growth Management Committee, the City ran a competitive procurement process and retained an outside consultant - KPMG and Gladki Planning Associates - to provide an external objective perspective, relevant expertise conducting similar reviews, knowledge of industry leading practices and research of other jurisdictions. The City formed an interdivisional team, consisting of representatives from City divisions involved in development review, to oversee and consult on the end-to-end review including City Planning; Engineering & Construction Services; Toronto Building; Toronto Water; Solid Waste Management Services; Fire Services; Legal Services; Transportation Services; Parks, Forestry & Recreation; Economic Development & Culture; and the former Affordable Housing Office. Extensive stakeholder consultations were conducted to identify how the City can improve the clarity, certainty and transparency of the development review process to City staff, applicants and the public. In addition to stakeholder consultation, the review included documentation reviews, analysis of internal performance measures and data, multiple workshops with the interdivisional project team, high-level process mapping and research of leading practices from comparable jurisdictions. The end-to-end review identified a number of continuous improvement opportunities around project management, teamwork, collaboration and technology that are administrative in nature. These continuous improvements will improve how the City manages the development review process to better achieve its city-building objectives, and ultimately, make it more consistent, effective and efficient for applicants to work with the City to get the necessary approvals. These continuous improvements will also result in more collaborative working relationships between applicants and the City. The City is in the process of creating a dedicated Implementation Team, led by the Director of Business Transformation to lead, monitor and report to the Chief Planner on the implementation of the review's recommendations. The recruitment process for the Director of Business Transformation is currently underway. Upon the hiring of the Director of the Business Transformation, this individual will be responsible for: Developing a detailed, multi-year work plan, adapted from / based on the full consultant report, to implement the end-to-end review's recommendations; and, Hiring additional project management support staff, reporting to the Director of Business Transformation that will support the interdivisional implementation of the multi-year work plan. With the full support of the City's senior management team, the Director of the Business Transformation will lead the multi-year, interdivisional effort to transform the City's development review process, and the management structures and practices in place to support the process. The administrative, interdivisional changes to the development review process are intended to be implemented in phases over the next two (2) years.
The Planning and Housing Committee: 1. Received the report (September 3, 2019) from the Chief Planner and Executive Director, City Planning and the Deputy City Manager, Infrastructure and Development Services for information.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning and the Deputy City Manager, Infrastructure and Development Services recommends that: 1. The Planning and Housing Committee receive this report for information.
PH8.8adopted
This report responds to the Auditor General's recommendation to the City Council with respect to funds secured under Sections 37 and 45 of the Planning Act, and that the Chief Planner assess the status of community benefits secured since amalgamation (January 1, 1998). The Chief Planner was asked to provide an appropriate level of assurance that cash that should have been received, has been received and to report on any uncollectible benefits. A report was adopted by the Planning and Growth Management Committee on March 22, 2012 which provided an analysis of Sections 37 and 45 approvals from 1998 through 2007. This report provides an analysis of approvals from 2008 through to 2017 and responds to the Committee's request that City Planning staff, in cooperation with Legal and Finance staff continue to investigate and pursue outstanding Section 37 and Section 45 funds which are due but for which no records of payments have been found. An examination by City Planning staff reveals that a total of $486.5 million has been secured from 554 Section 37 and 45 approvals from 2008 through to 2017. A line by line analysis of the outstanding funds reveals that approximately $3.3 million was to be paid but never received. Through collection efforts $2.6 million was recovered, leaving $701,387 that related to 5 developments as potentially outstanding where no record of payment has been found to date. These 5 developments are listed in Attachment 1 to this report.
The Planning and Housing Committee recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning. 2. City Council direct that Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning and the City Solicitor recommend that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report dated August 12, 2019 from the City Solicitor and the Chief Planner and Executive Director, City Planning. 2. City Council direct that Confidential Attachment 1 to the report dated August 12, 2019 from the City Solicitor and the Chief Planner and Executive Director, City Planning remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege.