Item - 2018.PG29.1

Tracking Status

PG29.1 - Strategy for Minimizing the Negative Impacts of Residential Infill Construction - Update

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on May 22, 23 and 24, 2018, adopted the following:  

 

1. City Council request the Chief Building Official and Executive Director, Toronto Building, the Executive Director, Municipal Licensing and Standards, the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation and the General Manager, Toronto Water to evaluate the effectiveness of a joint targeted inspection and enforcement program related to residential infill construction activity conducted by Toronto Building, Municipal Licensing and Standards, Transportation Services, Parks, Forestry and Recreation and Toronto Water and report to the Planning and Growth Management Committee in the first quarter of 2019.

 

2. City Council direct the Chief Building Official and Executive Director, Toronto Building, in the review and update to Toronto Municipal Code Chapter 363, to identify and recommend opportunities for efficiencies in the inspection and enforcement of construction fencing.

 

3. City Council adopt the draft by-law in Appendix 2 to the report (April 23, 2018) from the Chief Building Official and Executive Director, Toronto Building, to add an additional Chapter to the City of Toronto Municipal Code, implementing regulations concerning the posting of public notice on residential infill construction and demolition sites.

 

4. City Council authorize the City Solicitor to make the necessary applications to the Regional Senior Justice to seek approval for short-form wording and set fines with respect to the current provisions of Toronto Municipal Code Chapter 363 related to construction fencing, and the additional Municipal Code chapter as indicated in Part 3 above.

 

5. 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.

 

6. City Council request the General Manager, Parks, Forestry and Recreation to report quarterly to the Parks and Environment Committee on the number of tickets issued and charges laid against builders for failure to protect city trees.

 

7. City Council request the Ontario Real Estate Association and the Law Society of Ontario to update their real estate transactions practices so that, prior to completing a real estate transaction, their members search and advise their clients whether there are open and active building permits associated with the property, regardless of whether title insurance is being used.

 

8. City Council request the Chief Building Official and Executive Director, Toronto Building, as part of the report requested in Part 1 above, to identify the number of tickets issued on residential infill construction sites by Toronto Building Inspectors and the total value of fines and, if necessary, recommend any changes to the residential infill construction strategy in order to support its continued implementation.

 

9. City Council direct the General Manager, Transportation Services in consultation with the Chief Building Official and Executive Director, Toronto Building to review ways to improve the parking of vehicles during construction and to increase awareness of the process to obtain temporary parking permits for contractor vehicles adjacent to active construction sites.

 

10. City Council request the Auditor General to include in the Auditor General's work plan, an assessment of the extent to which the appropriate fees related to new home construction are not being collected by Transportation Services and how the City can minimize any loss of revenue this is causing.

Public Notice Given

Background Information (Committee)

(April 23, 2018) Revised Report from the Chief Building Official and Executive Director, Toronto Building on Strategy for Minimizing the Negative Impacts of Residential Infill Construction Activity - Update
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114471.pdf
Appendix 1: Status of Actions to Implement Residential Infill Strategy
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114451.pdf
Appendix 2: Proposed By-law concerning New Municipal Code Chapter for Infill Construction Public Notice
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114452.pdf
Appendix 3: Proposed Designs for the Residential Infill Construction Public Notice, and Residential Infill Demolition Public Notice
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114454.pdf
(April 24, 2018) Public Notice
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114455.pdf
Presentation from the Chief Building Official and Executive Director, Toronto Building on Strategy for Minimizing the Negative Impacts of Residential Infill Construction Activity - Update
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114753.pdf
The Good Neighbour Guide
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114832.pdf
Homeowner's Guide to Building Permits
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114833.pdf
(April 23, 2018) Report from the Chief Building Official and Executive Director, Toronto Building on Strategy for Minimizing the Negative Impacts of Residential Infill Construction Activity - Update
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114450.pdf
(April 16, 2018) Report from the Chief Building Official and Executive Director, Toronto Building on the Strategy for Minimizing the Negative Impacts of Residential Infill Construction - Update -Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114296.pdf

Background Information (City Council)

(May 17, 2018) Supplementary report from the General Manager, Parks, Forestry and Recreation on Update on the Strategy for Minimizing the Negative Impacts of Residential Infill Construction - Tree Protection Fencing (PG29.1a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115338.pdf
Attachment 1 - Tree Protection Policy and Specifications for Construction Near Trees
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115340.pdf
(May 22, 2018) Supplementary report from the General Manager, Transportation Services on Strategy for Minimizing the Negative Impacts of Residential Infill Construction (PG29.1b)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-115542.pdf

Communications (Committee)

(April 26, 2018) Letter from Andrea Ferrier (PG.New.PG29.1.1)
(April 27, 2018) Letter from Al Kivi, Chair, Neighbourhoods Working Group, South Eglinton Ratepayers' and Residents' Association (SERRA) (PG.New.PG29.1.2)
https://www.toronto.ca/legdocs/mmis/2018/pg/comm/communicationfile-79857.pdf
(April 27, 2018) E-mail from Janet May (PG.New.PG29.1.3)
(April 29, 2018) Letter from Geoff Kettel, Co-Chair and Cathie Macdonald, Co-Chair, Federation of North Toronto Residents' Association (PG.New.PG29.1.4)
https://www.toronto.ca/legdocs/mmis/2018/pg/comm/communicationfile-79911.pdf
(April 30, 2018) Letter from Linda McCarthy, Vice-President, Lytton Park Residents' Organization (PG.New.PG29.1.5)
https://www.toronto.ca/legdocs/mmis/2018/pg/comm/communicationfile-80020.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That City Council request the Auditor General to include in the Auditor General's work plan, an assessment of the extent to which the appropriate fees related to new home construction are not being collected by Transportation Services and how the City can minimize any loss of revenue this is causing.

Vote (Amend Item (Additional)) May-23-2018 12:10 PM

Result: Carried Majority Required - PG29.1 - Filion - motion 1
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Michael Ford, Giorgio Mammoliti, James Pasternak
Total members that were Absent: 9 Members that were absent are Jon Burnside, Michelle Holland, Jim Karygiannis, Norman Kelly, Joe Mihevc, Denzil Minnan-Wong, Anthony Perruzza, John Tory, Jonathan Tsao

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-23-2018 12:11 PM

Result: Carried Majority Required - PG29.1 - Adopt the item as amended
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Mike Layton, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Jon Burnside, Michelle Holland, Jim Karygiannis, Norman Kelly, Joe Mihevc, Denzil Minnan-Wong, Anthony Perruzza, John Tory, Jonathan Tsao

PG29.1 - Strategy for Minimizing the Negative Impacts of Residential Infill Construction - Update

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Planning and Growth Management Committee recommends that:  

 

1. City Council request the Chief Building Official and Executive Director, Toronto Building, the Executive Director, Municipal Licensing and Standards, the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation and the General Manager, Toronto Water to evaluate the effectiveness of a joint targeted inspection and enforcement program related to residential infill construction activity conducted by Toronto Building, Municipal Licensing and Standards, Transportation Services, Parks, Forestry and Recreation and Toronto Water and report to the Planning and Growth Management Committee in the first quarter 2019.

 

2. City Council direct the Chief Building Official and Executive Director, Toronto Building, in the review and update to Toronto Municipal Code Chapter 363, to identify and recommend opportunities for efficiencies in the inspection and enforcement of construction fencing.

 

3. City Council adopt the draft by-law in Appendix 2, to the report (April 23, 2018) from the Chief Building Official and Executive Director, Toronto Building, to add an additional Chapter to the City of Toronto Municipal Code, implementing regulations concerning the posting of public notice on residential infill construction and demolition sites.

 

4. City Council authorize the City Solicitor to make the necessary applications to the Regional Senior Justice to seek approval for short-form wording and set fines with respect to the current provisions of Toronto Municipal Code Chapter 363 related to construction fencing, and the additional Municipal Code chapter as indicated in Recommendation 3 above.

 

5. 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.

 

6. City Council request the General Manager, Parks, Forestry and Recreation to report quarterly to the Parks and Environment Committee on the number of tickets issued and charges laid against builders for failure to protect city trees.

 

7. City Council request the Ontario Real Estate Association and the Law Society of Ontario to update their real estate transactions practices so that, prior to completing a real estate transaction, their members search and advise their clients whether there are open and active building permits associated with the property, regardless of whether title insurance is being used.

 

8. City Council request the Chief Building Official and Executive Director, Toronto Building, as part of the report requested in Recommendation 1 above, to identify the number of tickets issued on residential infill construction sites by Toronto Building Inspectors and the total value of fines and, if necessary, recommend any changes to the residential infill construction strategy in order to support its continued implementation.

 

9. City Council Direct the General Manager, Transportation Services in consultation with the Chief Building Official and Executive Director, Toronto Building to review ways to improve the parking of vehicles during construction and to increase awareness of the process to obtain temporary parking permits for contractor vehicles adjacent to active construction sites.

Decision Advice and Other Information

The Planning and Growth Management Committee:

 

1.  Requested the General Manager, Parks Forestry and Recreation to report directly to Council on changes to Chapter 813 of the Toronto Municipal Code to require tree protection fencing to be structurally secure so that it cannot be easily moved.

 

2.  Requested the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building to report directly to Council on a plan to remove illegally placed signage on construction hoarding and to collect the appropriate fees where the payment of such fees would be required.

 

3. Requested the Chief Building Official and Executive Director, Toronto Building, as part of the upcoming review of the Sign By-law (Chapter of the Toronto Municipal Code), to review the requirements around signs on construction sites, including a review of the number, size and placement of signs on construction sites and report back in the second quarter of 2019.

 

The Chief Building Official and Executive Director, Toronto Building gave a presentation on Strategy for Minimizing the Negative Impacts of Residential Infill Construction Activity – Update.

Origin

(April 23, 2018) Report from the Chief Building Official and Executive Director, Toronto Building

Summary

The purpose of this report is to respond to City Council's direction that the Chief Building Official, in consultation with relevant divisions, report to the Planning and Growth Management Committee on the status of actions undertaken to implement the Residential Infill Strategy and identify any further actions necessary to support its continued development.  

 

In 2016, Toronto City Council adopted the recommendations from the Chief Building Official (Acting) which initiated the implementation and inter-divisional coordination of the strategy to address nuisance issues associated with residential infill construction.  Through inter-divisional cooperation, the implementation of the strategic actions are aimed at preventing problems from occurring on residential infill construction sites as well as creating an effective and streamlined enforcement system to respond to issues when they do occur.  The strategy reflects this shift to being more proactive on residential infill construction-related nuisance issues, rather than being largely reactive.

 

This report contains an initial evaluation of the strategic actions completed to date and recommendations aimed at improving the effectiveness of the strategy going forward.  These additional recommendations include an annual targeted inspection and enforcement program aimed at residential infill sites throughout the city and proposed additional ticketing and enforcement powers for contraventions of the City's construction site fence requirements.

 

All action items are underway or completed.  However, there are two remaining items that require City Council action to implement: the infill construction site public notice by-law and the dust control by-law. This report contains recommendations which would establish a by-law requiring a public notice to be posted on all residential infill construction and demolition sites.  Municipal Licensing and Standards is considering creating regulations respecting construction dust and will report back to the Licensing and Standards Committee in July 2018 with recommendations, as the implications of construction dust regulations may extend beyond residential infill construction.

 

 The Executive Director, Municipal Licensing and Standards, General Manager, Toronto Water; General Manager, Parks, Forestry and Recreation, General Manager, Transportation Services, Fire Chief and General Manager, Toronto Fire Services, Executive Director, Engineering and Construction Services, Director, 311 Toronto, Director, Energy & Environment Division, and the City Solicitor were consulted in the preparation of this report.

Background Information

(April 23, 2018) Revised Report from the Chief Building Official and Executive Director, Toronto Building on Strategy for Minimizing the Negative Impacts of Residential Infill Construction Activity - Update
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114471.pdf
Appendix 1: Status of Actions to Implement Residential Infill Strategy
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114451.pdf
Appendix 2: Proposed By-law concerning New Municipal Code Chapter for Infill Construction Public Notice
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114452.pdf
Appendix 3: Proposed Designs for the Residential Infill Construction Public Notice, and Residential Infill Demolition Public Notice
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114454.pdf
(April 24, 2018) Public Notice
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114455.pdf
Presentation from the Chief Building Official and Executive Director, Toronto Building on Strategy for Minimizing the Negative Impacts of Residential Infill Construction Activity - Update
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114753.pdf
The Good Neighbour Guide
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114832.pdf
Homeowner's Guide to Building Permits
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114833.pdf
(April 23, 2018) Report from the Chief Building Official and Executive Director, Toronto Building on Strategy for Minimizing the Negative Impacts of Residential Infill Construction Activity - Update
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114450.pdf
(April 16, 2018) Report from the Chief Building Official and Executive Director, Toronto Building on the Strategy for Minimizing the Negative Impacts of Residential Infill Construction - Update -Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-114296.pdf

Communications

(April 26, 2018) Letter from Andrea Ferrier (PG.New.PG29.1.1)
(April 27, 2018) Letter from Al Kivi, Chair, Neighbourhoods Working Group, South Eglinton Ratepayers' and Residents' Association (SERRA) (PG.New.PG29.1.2)
https://www.toronto.ca/legdocs/mmis/2018/pg/comm/communicationfile-79857.pdf
(April 27, 2018) E-mail from Janet May (PG.New.PG29.1.3)
(April 29, 2018) Letter from Geoff Kettel, Co-Chair and Cathie Macdonald, Co-Chair, Federation of North Toronto Residents' Association (PG.New.PG29.1.4)
https://www.toronto.ca/legdocs/mmis/2018/pg/comm/communicationfile-79911.pdf
(April 30, 2018) Letter from Linda McCarthy, Vice-President, Lytton Park Residents' Organization (PG.New.PG29.1.5)
https://www.toronto.ca/legdocs/mmis/2018/pg/comm/communicationfile-80020.pdf

Speakers

Jon-Carlos Tsilfidis, Building Industry and Land Development Association
Cathie Macdonald, The Federation of North Toronto Residents' Associations (FoNTRA)
Carolyn Johnson, York Quay Neighbourhood Association
Councillor Jaye Robinson
Councillor Janet Davis

Motions

1 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That the General Manager, Parks Forestry and Recreation be requested to report directly to Council on changes to Chapter 813 of the Toronto Municipal Code to require tree protection fencing to be structurally secure so that it cannot be easily moved.


2 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building be requested to report directly to Council on a plan to remove illegally placed signage on construction hoarding and to collect the appropriate fees where the payment of such fees would be required.


3 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That City Council request the General Manager, Parks, Forestry and Recreation to report quarterly to the Parks and Environment Committee on the number of tickets issued and charges laid against builders for failure to protect city trees.


4 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That:

 

1. City Council request the Ontario Real Estate Association and the Law Society of Ontario to update their real estate transactions practices so that, prior to completing a real estate transaction, their members search and advise their clients whether there are open and active building permits associated with the property, regardless of whether title insurance is being used.

 

2. City Council request the Chief Building Official and Executive Director, Toronto Building, as part of the report requested in Recommendation 1 of the staff report, to identify the number of tickets issued on residential infill construction sites by Toronto Building Inspectors and the total value of fines and, if necessary, recommend any changes to the residential infill construction strategy in order to support its continued implementation.


5 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That as part of the upcoming review of the Sign By-law (Chapter of the Toronto Municipal Code) that the Chief Building Official and Executive Director, Toronto Building review the requirements around signs on construction sites, including a review of the number, size and placement of signs on construction sites and report back in the second quarter of 2019.


6 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council Direct the General Manager, Transportation Services in consultation with the Chief Building Official and Executive Director, Toronto Building to review ways to improve the parking of vehicles during construction and to increase awareness of the process to obtain temporary parking permits for contractor vehicles adjacent to active construction sites.


7 - Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)

Vote (Adopt Item as Amended) May-01-2018

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Ana Bail„o, John Campbell, John Filion, Gord Perks, David Shiner (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Justin J. Di Ciano
Source: Toronto City Clerk at www.toronto.ca/council