Item - 2021.PH28.1

Tracking Status

PH28.1 - Inclusionary Zoning Official Plan Amendment, Zoning By-law Amendment and Draft Implementation Guidelines

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on November 9, 10 and 12, 2021, adopted the following:

 

1. City Council adopt the Official Plan Amendment in Attachment 1 to the supplementary report (November 8, 2021) from the Chief Planner and Executive Director, City Planning.

 

2. City Council adopt the Zoning By-law Amendment in Attachment 2 to the supplementary report (November 8, 2021) 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 Official Plan Amendment and Zoning By-law Amendment referred to above in Parts 1 and 2 above as may be required.

 

4. City Council endorse the Inclusionary Zoning Implementation Guidelines included as Attachment 4 to the report (October 15, 2021) from the Chief Planner and Executive Director, City Planning for consultation and report back with final recommended Implementation Guidelines in the first half of 2022, including identifying the terms and conditions for a third party administrator of affordable ownership units, and an additional analysis including a human rights approach on how the set-aside numbers based on the three Zoning Market Areas can be improved to create more affordability, how the significantly large range of set-asides numbers have been identified and the specific evaluation criteria to determine which percentage will be selected on a case-by-case basis.

 

5. City Council bring forward a Zoning By-law Amendment to add the Scarborough Centre Protected Major Transit Station Area delineation to the Inclusionary Zoning Overlay map no earlier than September 18, 2023, to provide additional time for the local land market to adjust.

 

6. City Council deem that a complete Site Plan application submitted under Section 114 of the City of Toronto Act, 2006 shall meet the requirements of Regulation 232/18 under the Planning Act for the purpose of an exemption based on submission of an application for approval of a Site Plan.

 

7. City Council request the Minister of Municipal Affairs and Housing to amend Section 16(5)(a) of the Planning Act to allow for Official Plan Inclusionary Zoning policies to be applied across the City and not limited to Protected Major Transit Station Areas.

 

8. City Council forward a copy of the Item and Attachments to the Minister of Municipal Affairs and Housing.

 

9. City Council forward a copy of the Item and Attachments to the Municipal Property Assessment Corporation with a request that property assessments for affordable ownership units take into account the requirements for ongoing affordability of these units over a 99 year period.

 

10. City Council request the City Manager to work with the Municipal Property Assessment Corporation to identify potential options to ensure property assessments reflect the City's household eligibility, resale and price appreciation restrictions for Inclusionary Zoning affordable ownership units.

  

11. City Council direct the Chief Planner and Executive Director, City Planning to review the market impacts of Inclusionary Zoning one year after the implementation of the Inclusionary Zoning policy has taken effect and to bring forward further amendments to the Official Plan and Zoning By-law policies that may be required as a result of this additional analysis including:

 

a. the need for incentives;

 

b. changes to the Phase-in and/or set aside rate;

 

c. alterations to the minimum development size threshold; and

 

d. any other changes which may be necessary to ensure market stability and production of affordable units.

 

12. City Council direct the Chief Planner and Executive Director, City Planning to report in June 2022 after conducting additional market analysis in areas currently undergoing study such as Little Jamaica, the Sheppard Subway Corridor and any other areas where planning studies are currently being undertaken and which were not subject to the original detailed analysis to identify additional opportunities wherein Inclusionary Zoning may apply.

 

13. City Council request the Chief Planner and Executive Director, City Planning to undertake additional market analysis in the area around both the Mount Dennis area and the Weston Road and Lawrence Avenue West area to determine if there are additional areas that should be added to the Inclusionary Zoning Map of the Official Plan policy and report back no later than June 2022.

 

14.  City Council direct the Chief Planner and Executive Director, City Planning to report in June 2022 after conducting additional market analysis in the Marlee Ville corridor (North from Eglinton Avenue West to Lawrence Avenue West on Marlee Avenue), which is adjacent to three major transit stations, to identify additional opportunities wherein Inclusionary Zoning may apply.

 

15. City Council direct the Chief Planner and Executive Director, City Planning to conduct  further analysis in the North York Centre area and report to the Planning and Housing Committee with a Status report in April 2022 and a final report in June of 2022.  

 

16. City Council request the Chief Planner and Executive Director, City Planning to meet with the Ward Councillor no later than March 2022 to ensure that the matters raised by the Councillor are considered in advance of the report to the June 2022 meeting of the Planning and Housing Committee.

 

17. City Council request the Chief Planner and Executive Director, City Planning to review the policy one year from implementation and assess the maximum number of affordable rental units and affordable ownership units that could be secured and review the percentage of affordable rental and affordable ownership units secured through the policy to ensure that the proposed set aside rates do not unintentionally secure only affordable ownership units.

 

18. City Council direct the Chief Planner and Executive Director, City Planning to report annually on an interim basis to the Planning and Housing Committee on:

 

a. the actual number of affordable rentals and ownership units approved and secured, including those that are universally accessible, compared to the anticipated projections tracked through the development pipeline to ensure that they are completed and permanently occupied by qualified tenants and owners;

 

b. the establishment of clear goals to obtain the maximum creation of affordable housing to end the housing crisis in five years and new financial tools to achieve this, if required; and

 

c. the creation of additional planning tools to ensure that affordable rental housing is developed in comparable percentages in both condominium development and purpose-built rental development.

 

19.  City Council direct the Chief Planner and Executive Director, City Planning, to develop a new framework to assess which areas are suitable for Inclusionary Zoning, and the percentage of units therein, based on a human rights approach to housing that considers:

 

a. local need for affordable housing;

 

b. community displacement; and

 

c. different models of housing provision.

 

20. City Council request the Chief Planner and Executive Director, City Planning to develop a communications plan with respect to City Council's approved Inclusionary Zoning Policy Framework, such communications plan should address the following components but not be limited to:

 

a. commentary that Inclusionary Zoning will not stop the development industry from building new residential development or exacerbate existing housing market challenges;

 

b. that the requirements for Inclusionary Zoning will not be a tax on new development and result in pass thru costs to new purchaser;

 

c. that Inclusionary Zoning will not impact the overall housing supply;

 

d. proactive explanation to the development industry regarding transition timeline and framework;

 

e. recognition of the amount of new housing supply that City Council has approved over the past number of years; and

 

f. actions the City is taking to increase density across the City including current work underway to address opportunities for increased density both within Major Transit Station Areas and City-wide.

 

21. City Council direct the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat, in consultation with Strategic Communications to report back to the Planning and Housing Committee in the first quarter of 2022 on a comprehensive communications and public education plan that combats misinformation about Inclusionary Zoning, specifically highlighting successes in other major municipalities, and addressing common anti-Inclusionary Zoning rhetoric, with clear and simple evidence-based responses, including but not limited to: 

 

a. misconceptions that Inclusionary Zoning is a tax on new homebuyers;

 

b.  misconceptions that Inclusionary Zoning adds constraint to new housing supply; and

 

c. misconceptions that Inclusionary Zoning will make housing more expensive.

 

22. City Council direct that Confidential Attachment 1 to the supplementary report (November 8, 2021) from the City Solicitor be made public at the discretion of the City Solicitor if there is no appeal of the Official Plan and Zoning By-law Amendments.

 

23.  City Council determine that pursuant to subsection 34(17) of the Planning Act, no further notice is required with regard to the proposed by-law amendments.

 

Confidential Attachment 1 to the supplementary report (November 8, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to litigation or potential litigation and it contains advice or communications that are subject to solicitor client privilege.   Confidential Attachment 1 to the supplementary report (November 8, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor if there is no appeal of the Official Plan and Zoning By-law Amendments.

Public Notice Given

Statutory - Planning Act, RSO 1990

Confidential Attachment - Litigation or potential litigation and advice or communications that are subject to solicitor client privilege.

Background Information (Committee)

(October 15, 2021) Report from the Chief Planner and Executive Director, City Planning on Inclusionary Zoning Official Plan Amendment, Zoning By-law Amendment and Draft Implementation Guidelines
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172118.pdf
Attachment 1 - Proposed Official Plan Amendment
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172119.pdf
Attachment 2 - Proposed Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172504.pdf
Attachment 3 - Inclusionary Zoning Market Areas Map
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172121.pdf
Attachment 4 - Draft Inclusionary Zoning Implementation Guidelines
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172122.pdf
Attachment 5 - Housing Need and Demand Analysis, August 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172123.pdf
Attachment 6 - Evaluation of Potential Impacts of an Inclusionary Zoning Policy, May 2021; Revised October 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172124.pdf
Attachment 7 - Peer Review of NBLC "Evaluation of Potential Impacts of an Inclusionary Zoning Policy", August 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172125.pdf
Attachment 8 - Phase 1 Consultation and Communication Summary, 2019
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172126.pdf
Attachment 9 - Phase 2 Consultation and Communication Summary, 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172127.pdf
Attachment 10 - Jurisdictional Scan, 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172128.pdf
(October 7, 2021) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172129.pdf
Presentation from Project Manager, City Planning
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172528.pdf

Background Information (City Council)

(November 2, 2021) Supplementary report from the Chief Planner and Executive Director, City Planning on Inclusionary Zoning Official Plan Amendment, Zoning By-law Amendment and Draft Implementation Guidelines (PH28.1a)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-172728.pdf
Attachment 1 - Proposed Official Plan Amendment
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-172729.pdf
Attachment 2 - Proposed Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-172730.pdf
(November 8, 2021) Supplementary report from the City Solicitor on Inclusionary Zoning Official Plan Amendment, Zoning By-law Amendment and Draft Implementation Guidelines (PH28.1b)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-173034.pdf
Confidential Attachment 1
(November 8, 2021) Supplementary report from the Chief Planner and Executive Director, City Planning on Inclusionary Zoning Official Plan Amendment, Zoning By-law Amendment and Draft Implementation Guidelines (PH28.1c)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-173039.pdf
Attachment 1 - Proposed Official Plan Amendment
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-173040.pdf
Attachment 2 - Proposed Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-173041.pdf

Communications (Committee)

(October 15, 2021) E-mail from John MacDonald (PH.Main)
(October 23, 2021) E-mail from Steve Kalaydjian (PH.New)
(October 23, 2021) E-mail from Paul Bedford (PH.New)
(October 24, 2021) E-mail from Kate Chung, Co-chair, Accessible Housing Network (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-137780.pdf
(October 26, 2021) E-mail from Jacob Dawang (PH.New)
(October 25, 2021) Letter from David Strom, Collectdev (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-137978.pdf
(October 26, 2021) Letter from Carolyn Egan and Tam Goossen, Good Jobs for All Coalition (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-137936.pdf
(October 25, 2021) E-mail from Luke Bradley (PH.New)
(October 25, 2021) E-mail from Alexia Yates (PH.New)
(October 25, 2021) Letter from Douglas Kwan, Advocacy Centre for Tenants Ontario (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-137941.pdf
(October 28, 2021) Letter from Right to Housing in Toronto (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138032.pdf
(October 26, 2021) Letter from Michael Nguyen, CTN Developments (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138034.pdf
(October 26, 2021) Letter from Joanne Knutson, Habitat Services (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138035.pdf
(October 26, 2021) Letter from Jane Finch Housing Coalition (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138036.pdf
(October 26, 2021) E-mail from Alex Volkov (PH.New)
(October 27, 2021) E-mail from Coleen Bailey (PH.New)
(October 27, 2021) E-mail from Shannon Griffiths (PH.New)
(October 27, 2021) Letter from Kate O'Neil, On behalf of LAHAAG - Lakeshore Affordable Housing Advocacy and Action Group (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138139.pdf
(October 27, 2021) Letter from Adam Brown, Sherman Brown (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138177.pdf
(October 25, 2021) Letter from Bill Worrell, Oakwood Vaughan Community Organization, Romain Baker, Black Urbanism TO (BUTO), Cheryll Case, CP Planning and Chiara Padovani, York South Weston Tenants Union (YSWTU) (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138188.pdf
(October 27, 2021) E-mail from Alex Mlynek (PH.New)
(October 27, 2021) E-mail from Madeline Siklos (PH.New)
(October 27, 2021) E-mail from Ryan Hayes (PH.New)
(October 27, 2021) E-mail from Katie German (PH.New)
(October 28, 2021) Letter from Adina Lebo, Vice-President, Toronto Seniors Forum (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138192.pdf
(October 25, 2021) Letter from Tom Giancos, Senior Vice President, Kingsett Capital (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138194.pdf
(October 27, 2021) E-mail from Camille Dziewurski (PH.New)
(October 27, 2021) E-mail from Caitlin Blain (PH.New)
(October 27, 2021) E-mail from Rupert Ong (PH.New)
(October 27, 2021) E-mail from Emily Shepard (PH.New)
(October 27, 2021) Letter from Sara Margani, Cityzen Development (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138251.pdf
(October 27, 2021) Letter from Stephen Diamond. Diamond Corp (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138252.pdf
(October 27, 2021) Letter from Richard Diamond, Senior Vice President, Canderel (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138227.pdf
(October 27, 2021) Submission from Andrew Marciniak, Toronto ACORN (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138254.pdf
(October 27, 2021) Letter from Daryl Chong, Greater Toronto Apartment Association (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138255.pdf
(October 27, 2021) E-mail from Andrea Lothrop (PH.New)
(October 27, 2021) Letter from Andria Babbington, President, Toronto and York Region Labour Council (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138256.pdf
(October 27, 2021) E-mail from Jacob Givertz-Steel (PH.New)
(October 27, 2021) Letter from Christine Mercado, Long Branch Neighbourhood Association (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138231.pdf
(October 27, 2021) Letter from Andrew Duncan, Chief Investment Office, Development, RioCan (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138232.pdf
(October 27, 2021) Letter from Josh Zagdanski, Madison Group (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138233.pdf
(October 27, 2021) Letter from Marva Burnett, President, ACORN Canada (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138234.pdf
(October 28, 2021) Letter from Pedro Lopez, SVP Acquisitions and Land Development, Marlin Spring (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138264.pdf
(October 28, 2021) Letter from Councillor Mike Layton, Ward 11 University-Rosedale (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138265.pdf
(October 28, 2021) Submission from Effie Vlachoyannacos, Director, Community Investment and Engagement, Maytree (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138266.pdf
(October 28, 2021) Letter from Joe Svec, Vice President, Development and Planning, Choice Properties (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138267.pdf
(October 28, 2021) Submission from Jeremy Withers (PH.New)
(October 28, 2021) Letter from Bahar Shadpour, Manager of Policy, Communications and Engagement, Centre for Equality Rights in Accommodation (CERA) (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138270.pdf
(October 28, 2021) Letter from Jeff Hull, President, Hullmark (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138271.pdf
(October 28, 2021) Letter from Kira Heineck, Executive Director, Toronto Alliance to End Homelessness (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138272.pdf
(October 28, 2021) E-mail from Ene Underwood, CEO, Habitat for Humanity Greater Toronto Area (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138273.pdf
(October 28, 2021) E-mail from Vicki McGregor (PH.New)
(October 28, 2021) E-mail from Irmina J. Ayuyao (PH.New)
(October 28, 2021) Letter from Brooks Barnett, Director, Government Relations & Policy, Realpac (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138319.pdf
(October 28, 2021) Letter from Geoff Kettel, Co-Chair, FoNTRA and Cathie Macdonald, Co-Chair, FoNTRA (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138320.pdf
(October 28, 2021) E-mail from Scott Ng (PH.New)
(October 28, 2021) Letter from Councillor Josh Matlow, Ward 12, Toronto - St. Paul's (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138322.pdf
(October 28, 2021) Letter from Katie German on behalf of the Junction Triangle Community Action Network (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138324.pdf
(October 28, 2021) Submission from Andrew Marciniak, Toronto ACORN (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138344.pdf
(October 28, 2021) Letter from Daniel R Bingham (PH.New)
(October 28, 2021) E-mail from Su Rynard (PH.New)
(October 28, 2021) E-mail from Cathy Tafler (PH.New)
(October 28, 2021) Letter from Alan Braodbent, Chairman and CEO of Avana Capital Corporation, Chairman and Founder of Maytree (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138328.pdf

Communications (City Council)

(October 28, 2021) Submission from Kate Chung, Co-Chair, Accessible Housing Network (CC.Main)
(October 30, 2021) E-mail from Roxanne Futia (CC.Main)
(November 1, 2021) Letter from Mike Mestyan, Vice President, Development Planning, Tridel Group of Companies (CC.Main)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-138432.pdf
(November 3, 2021) E-mail from Lyba Spring (CC.Supp)
(November 4, 2021) E-mail from Mark Pinnock, Kingston 12 Ganja (CC.Supp)
(November 4, 2021) E-mail from Heather Thomas, Employment Marketing Consultant Progress Career Planning Institute (CC.Supp)
(November 4, 2021) E-mail from Kai Wong (CC.Supp)
(November 5, 2021) E-mail from Charles and Vanessa Barnes (CC.Supp)
(October 27, 2021) E-mail from Eric Lombardi, More Neighbours Toronto (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-138574.pdf
(November 5, 2021) Letter from Neil Pattison, Senior Vice President, Development, Graywood Developments (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-138582.pdf
(November 5, 2021) E-mail from Jacob Dawang (CC.Supp)
(November 5, 2021) E-mail from Simon Tran (CC.Supp)
(November 5, 2021) Letter from Christopher J. Tanzola, Overland LLP (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-138624.pdf
(November 6, 2021) E-mail from Justin and Clara Speer (CC.Supp)
(November 7, 2021) E-mail from Alan Barthel (CC.Supp)
(November 8, 2021) E-mail from Suzanne Hersh (CC.Supp)
(November 8, 2021) Letter from Tom Clement, Executive Director, Co-operative Housing Federation of Toronto and Tim Ross, Executive Director, Co-operative Housing Federation of Canada (CC.New)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-138793.pdf
(November 8, 2021) Letter from Daniel B. Artenosi, Overland LLP (CC.New)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-138804.pdf
(November 8, 2021) Letter from 24 organizations, submitted by Saman Tabasinejad, Organizing Director, Progress Toronto (CC.New)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-139084.pdf
(November 9, 2021) Letter from Paul M. Taylor, Executive Director, FoodShare (CC.New)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-139155.pdf
(November 8, 2021) Letter from Michal Hay, Executive Director, Progress Toronto (CC.New)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-139248.pdf
(November 9, 2021) E-mail from Alexia Yates (CC.New)
(November 8, 2021) E-mail from Bill Worrell, Chair, Oakwood Vaughan Community Organization (CC.New)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-139476.pdf
(November 10, 2021) E-mail from M. Domovitch, Domus Group (CC.New)

Motions (City Council)

1a - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Carried)

That City Council adopt the following recommendation in the supplementary report (November 8, 2021) from the City Solicitor, amended as follows [PH28.1b]:

 

1. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege be made public at the discretion of the City Solicitor if there is no appeal of the Official Plan and Zoning By-law Amendments.


1b - Motion to Amend Item moved by Councillor Ana Bail„o (Carried)

That:

 

1. City Council adopt the following recommendations in the supplementary report (November 8, 2021) from the Chief Planner and Executive Director, City Planning [PH28.1c]:

 

1. City Council delete Planning and Housing Committee Recommendations 1 and 2 and replace with the following new recommendations:

 

1. City Council adopt the Official Plan Amendment in Attachment 1 to the report (November 8, 2021) from the Chief Planner and Executive Director, City Planning.

 

2. City Council adopt the Zoning By-law Amendment in Attachment 2 to the report (November 8, 2021) from the Chief Planner and Executive Director, City Planning.

 

2. City Council adopt the following new recommendation:

 

City Council determine that pursuant to subsection 34(17) of the Planning Act, no further notice is required with regard to the proposed by-law amendments.

Vote (Amend Item) Nov-09-2021 3:15 PM

Result: Carried Majority Required - PH28.1 - Bail„o - motion 1b
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Michael Ford, Stephen Holyday
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

1c - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Carried)

That City Council request the Chief Planner and Executive Director, City Planning to develop a communications plan with respect to City Council's approved Inclusionary Zoning Policy Framework, such communications plan should address the following components but not be limited to:

 

a. commentary that Inclusionary Zoning will not stop the development industry from building new residential development or exacerbate existing housing market challenges;

 

b. that the requirements for Inclusionary Zoning will not be a tax on new development and result in pass thru costs to new purchaser;

 

c. that Inclusionary Zoning will not impact the overall housing supply;

 

d. proactive explanation to the development industry regarding transition timeline and framework;

 

e. recognition of the amount of new housing supply that City Council has approved over the past number of years; and

 

f. actions the City is taking to increase density across the City including current work underway to address opportunities for increased density both within Major Transit Station Areas and City-wide.

Vote (Amend Item (Additional)) Nov-09-2021 3:16 PM

Result: Carried Majority Required - PH28.1 - Bail„o - motion 1c
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Michael Ford, Stephen Holyday
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

2 - Motion to Amend Motion moved by Councillor Mike Layton (Lost)

That City Council amend policies 13, 15 and 16 in the proposed Official Plan Amendment included as Attachment 1 to this report from the Chief Planner and Executive Director, City Planning, and reflect the same changes in the proposed Zoning By-law Amendment included as Attachment 2 to this report, so that the Official Plan Amendment now reads:


"13.a) ii. if a purpose-built rental development is proposed, a minimum requirement of 6 percent of the total new residential gross floor area shall be secured as affordable rental housing;

 

13.b) ii. if a purpose-built rental development is proposed, a minimum requirement of 3 percent of the total new residential gross floor area shall be secured as affordable rental housing;

 

15. The affordable rental housing required in Policy 3.2.1.13 a) i. will increase by 3.5 percent, b) i. will increase by 1.5 percent, and c) i. will increase by 0.5 percent per year beginning January 1, 2023 and until January 1, 2026. Affordable ownership housing requirements will be set at one point four times the affordable rental housing requirements.

 

16. Beginning January 1, 2022, the minimum affordable rental housing required in Policy 3.2.1.13 a) ii. will increase by 1 percent per year beginning January 1, 2023 until January 1, 2026.” 

Vote (Amend Motion) Nov-09-2021 3:13 PM

Result: Lost Majority Required - PH28.1 - Layton - motion 2
Total members that voted Yes: 8 Members that voted Yes are Shelley Carroll, Joe Cressy, Paula Fletcher, Mike Layton, Josh Matlow, Gord Perks, Jaye Robinson, Kristyn Wong-Tam
Total members that voted No: 18 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Mike Colle, Gary Crawford, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Nick Mantas, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Michael Thompson, John Tory
Total members that were Absent: 0 Members that were absent are

3 - Motion to Amend Item (Additional) moved by Councillor Mike Colle (Carried)

That City Council direct the Chief Planner and Executive Director to report in June 2022 after conducting additional market analysis in the Marlee Ville corridor (North from Eglinton Avenue West to Lawrence Avenue West on Marlee Avenue), which is adjacent to three major transit stations,  to identify additional opportunities wherein Inclusionary Zoning may apply.

Vote (Amend Item (Additional)) Nov-09-2021 3:17 PM

Result: Carried Majority Required - PH28.1 - Colle - motion 3
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Michael Ford, Stephen Holyday
Total members that were Absent: 0 Members that were absent are

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

That:

 

1.  City Council direct the Chief Planner and Executive Director, City Planning to conduct  further analysis in the North York Centre area and report to the Planning and Housing Committee with a Status report in April 2022 and a final report in June of 2022.  

 

2.  City Council request the Chief Planner and Executive Director, City Planning to meet with the Ward Councillor no later than March 2022 to ensure that the matters raised by the Councillor are considered in advance of the report to the June 2022 meeting of the Planning and Housing Committee.

Vote (Amend Item (Additional)) Nov-09-2021 3:18 PM

Result: Carried Majority Required - PH28.1 - Filion - motion 4
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Stephen Holyday
Total members that were Absent: 0 Members that were absent are

5 - Motion to Amend Item (Additional) moved by Councillor Kristyn Wong-Tam (Carried)

That

 

1. City Council direct the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat, in consultation with Strategic Communications to report back to the Planning and Housing Committee in the first quarter of 2022 on a comprehensive communications and public education plan that combats misinformation about Inclusionary Zoning, specifically highlighting successes in other major municipalities, and addressing common anti-Inclusionary Zoning rhetoric, with clear and simple evidence-based responses, including but not limited to: 

 

a. misconceptions that Inclusionary Zoning is a tax on new homebuyers;

 

b.  misconceptions that Inclusionary Zoning adds constraint to new housing supply; and

 

c. misconceptions that Inclusionary Zoning will make housing more expensive.

Vote (Amend Item (Additional)) Nov-09-2021 3:19 PM

Result: Carried Majority Required - PH28.1 - Wong-Tam - motion 5
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Michael Ford, Stephen Holyday, Denzil Minnan-Wong
Total members that were Absent: 0 Members that were absent are

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Nov-09-2021 3:20 PM

Result: Carried Majority Required - PH28.1 - Adopt the Item as amended
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Michael Ford, Stephen Holyday
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

PH28.1 - Inclusionary Zoning Official Plan Amendment, Zoning By-law Amendment and Draft Implementation Guidelines

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Statutory - Planning Act, RSO 1990

Committee Recommendations

The Planning and Housing Committee recommends that:

 

1. City Council adopt the Official Plan Amendment included as Attachment 1 to the report (October 15, 2021) from the Chief Planner and Executive Director, City Planning.

 

2. City Council adopt the Zoning By-law Amendment included as Attachment 2 to the report (October 15, 2021) 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 Official Plan Amendment and Zoning By-law Amendment referred to above in Recommendations 1 and 2 above as may be required.

 

4. City Council endorse the Inclusionary Zoning Implementation Guidelines included as Attachment 4 to the report (October 15, 2021) from the Chief Planner and Executive Director, City Planning for consultation and report back with final recommended Implementation Guidelines in the first half of 2022, including identifying the terms and conditions for a third party administrator of affordable ownership units, and an additional analysis including a human rights approach on how the set-aside numbers based on the three Zoning Market Areas can be improved to create more affordability, how the significantly large range of set-asides numbers have been identified and the specific evaluation criteria to determine which percentage will be selected on a case-by-case basis.

 

5. City Council bring forward a zoning by-law amendment to add the Scarborough Centre Protected Major Transit Station Area delineation to the Inclusionary Zoning Overlay map no earlier than September 18, 2023, to provide additional time for the local land market to adjust.

 

6. City Council deem that a complete Site Plan application submitted under Section 114 of the City of Toronto Act, 2006 shall meet the requirements of Regulation 232/18 under the Planning Act for the purpose of an exemption based on submission of an application for approval of a Site Plan.

 

7. City Council request that the Minister of Municipal Affairs and Housing amend Section 16(5)(a) of the Planning Act to allow for Official Plan Inclusionary Zoning policies to be applied across the City and not limited to Protected Major Transit Station Areas.

 

8. City Council forward a copy of the report (October 15, 2021) from the Chief Planner and Executive Director, City Planning to the Minister of Municipal Affairs and Housing along with Attachments 1 through 10.

 

9. City Council forward a copy of the report (October 15, 2021) from the Chief Planner and Executive Director, City Planning to the Municipal Property Assessment Corporation with a request that property assessments for affordable ownership units take into account the requirements for ongoing affordability of these units over a 99 year period.

 

10. City Council request the City Manager work with the Municipal Property Assessment Corporation to identify potential options to ensure property assessments reflect the City's household eligibility, resale and price appreciation restrictions for Inclusionary Zoning affordable ownership units.

  

11. City Council direct the Chief Planner and Executive Director, City Planning to review the market impacts of Inclusionary Zoning one year after the implementation of the Inclusionary Zoning policy has taken effect and to bring forward further amendments to the Official Plan and Zoning By-law policies that may be required as a result of this additional analysis including:

 

a. the need for incentives;

 

b. changes to the Phase-in and/or set aside rate;

 

c. alterations to the minimum development size threshold; and

 

d. any other changes which may be necessary to ensure market stability and production of affordable units.

 

12. City Council direct the Chief Planner and Executive Director report in June 2022 after conducting additional market analysis in areas currently undergoing study such as Little Jamaica, the Sheppard Subway Corridor and any other areas where planning studies are currently being undertaken and which were not subject to the original detailed analysis to identify additional opportunities wherein Inclusionary Zoning may apply.

 

13. City Council request that the Chief Planner and Executive Director, City Planning to undertake additional market analysis in the area around both the Mount Dennis area and the Weston Road and Lawrence Avenue West area to determine if there are additional areas that should be added to the Inclusionary Zoning Map of the Official Plan policy and report back no later than June 2022.

 

14. City Council request the Chief Planner and Executive Director, City Planning to review the policy one year from implementation and assess the maximum number of affordable rental units and affordable ownership units that could be secured and review the percentage of affordable rental and affordable ownership units secured through the policy to ensure that the proposed set aside rates do not unintentionally secure only affordable ownership units.

 

15. City Council direct the Chief Planner and Executive Director, City Planning to report annually on an interim basis to the Planning and Housing Committee on:

 

a. the actual number of affordable rentals and ownership units approved and secured, including those that are universally accessible, compared to the anticipated projections tracked through the development pipeline to ensure that they are completed and permanently occupied by qualified tenants and owners;

 

b. the establishment of clear goals to obtain the maximum creation of affordable housing to end the housing crisis in five years and new financial tools to achieve this, if required; and

 

c. the creation of additional planning tools to ensure that affordable rental housing is developed in comparable percentages in both condominium development and purpose-built rental development.

 

16.  City Council direct the Chief Planner and Executive Director, City Planning, to develop a new framework to assess which areas are suitable for Inclusionary Zoning, and the percentage of units therein, based on a human rights approach to housing that considers:

 

a. local need for affordable housing;

 

b. community displacement; and

 

c. different models of housing provision.

Decision Advice and Other Information

1.  The Planning and Housing Committee referred the following motion to the City Solicitor with the request that the City Solicitor report directly to the November 9, 2021 meeting of City Council on the legal implications of the motion:

 

"1. City Council amend policies 13, 15 and 16 in the proposed Official Plan Amendment included as Attachment 1 to this report from the Chief Planner and Executive Director, City Planning, and reflect the same changes in the proposed Zoning By-law Amendment included as Attachment 2 to this report, so that the Official Plan Amendment now reads:


"13.a) ii. if a purpose-built rental development is proposed, a minimum requirement of 6% of the total new residential gross floor area shall be secured as affordable rental housing;

 

13.b) ii. if a purpose-built rental development is proposed, a minimum requirement of 3% of the total new residential gross floor area shall be secured as affordable rental housing;

 

15. The affordable rental housing required in Policy 3.2.1.13 a) i. will increase by 3.5%, b) i. will increase by 1.5%, and c) i. will increase by 0.5% per year beginning January 1, 2023 and until January 1, 2026. Affordable ownership housing requirements will be set at one point four times the affordable rental housing requirements.

 

16. Beginning January 1, 2022, the minimum affordable rental housing required in Policy 3.2.1.13 a) ii. will increase by 1% per year beginning January 1, 2023 until January 1, 2026” 

 

The Project Manager, Strategic Initiatives, Policy and Analysis, City Planning and the Partner with nblc Consultants gave a presentation on Inclusionary Zoning Official Plan Amendment, Zoning By-law Amendment and Draft Implementation Guidelines.

 

The Planning and Housing Committee held a statutory public meeting on October 28, 2021 and notice was given in accordance with the Planning Act.

Origin

(October 15, 2021) Report from the Chief Planner and Executive Director, City Planning

Summary

This report recommends the adoption of Inclusionary Zoning (IZ) Official Plan policies, Zoning By-law provisions and tables draft Implementation Guidelines for consultation. The recommended Inclusionary Zoning policy and zoning framework will enable the City to initially require 5-10% affordable housing and a fully phased-in requirement by 2030 of 8-22% of affordable housing units to be provided in new developments alongside the development of market housing. The introduction of mandatory affordable housing requirements will positively contribute to transforming the delivery of housing in the City by ensuring that affordable housing keeps better pace with the delivery of market housing, contributing to social and economic cohesion in the years to come.

 

Inclusionary Zoning is a widely used planning tool used in hundreds of jurisdictions in the United States, Australia and parts of Canada. Inclusionary Zoning works best in cities where there is strong demand for housing and below market rents and prices can be accommodated through absorption in land values, or in areas where revenues are continually increasing. In support of the preparation of Inclusionary Zoning policies, the City undertook a series of financial assessments in 2019, 2020 and 2021 resulting in a robust financial analysis demonstrating where Inclusionary Zoning can be implemented in the city without negatively impacting overall development activity. Peer review of this work has also been undertaken through a third-party consultant retained by the City and through ongoing consultation on the analysis with development industry analysts. An in-depth analysis of demographic and market data has also been completed to understand housing need and demand across the City and by local neighbourhood. This work, coupled with extensive public and stakeholder consultation throughout 2019, 2020 and 2021, has informed the development of an Inclusionary Zoning policy framework that is balanced, forward-looking and equitable.

 

Since the provincial Inclusionary Zoning regulation was first enacted in 2018, the province undertook legislative changes to limit the potential areas that Inclusionary Zoning may be applied. The Province narrowed the implementation of Inclusionary Zoning to those areas within a Protected Major Transit Station Area (PMTSA) or areas where a Development Permit System has been ordered by the Minister. In addition, the Province introduced new community benefits and parkland rate requirements. These changes have been factored into the financial analysis and final recommended policies.

 

The recommended Official Plan Amendment and Zoning By-law includes a number of directions that reflect the City's specific context and build upon the provincial regulation and legislative framework including:

 

1. Establishing a minimum development size of 100 units to reflect both minimum required densities that would be required on many sites within PMTSAs, while also recognizing the importance of supporting a diverse range of housing types and sizes that could become financially challenged if Inclusionary Zoning were required on smaller developments;

 

2. Establishing three distinct market areas to recognize varying market viability in different areas of the City, to be included in the Official Plan as Map 37, each area with its own requirements for condominium projects delivering affordable ownership, condominium projects delivering affordable rental housing or purpose-built rental buildings delivering affordable rental housing;

 

3. Requiring affordable units to remain affordable for 99 years, ensuring that this stock of housing is not lost over the short term;

 

4. Setting rents and prices that will reflect the needs of low and moderate income households, providing affordable housing for households for whom market rents and prices are out of reach (e.g., registered nurses, early childhood educators, dental assistants earning between $32,000 and $92,000);

 

5. Phasing-in of affordable housing requirements from 5-10% in 2022 to 8-22% in 2030 in order to provide time for land values to adjust and the amount of affordable housing required to incrementally increase;

 

6. Providing for a clear transition period to provide time for developments well advanced to move through the development review process prior to Inclusionary Zoning coming into effect; and

 

7. Ongoing monitoring and assessment of all aspects of the approach starting in 2025, including reviewing the market areas where Inclusionary Zoning applies.

 

Over the past five years, the City has taken a strong leadership role in the delivery of affordable housing to ensure new housing supply reflects the City's current and future housing needs. Bold affordable housing targets set out in the HousingTO 2020-2030 Action Plan will only be realized through this leadership and partnership with developers and housing providers. Achieving a supply of housing that meets the broad spectrum needs within the city requires multiple policy and program actions. This report highlights many of the recent housing policy, service delivery and program initiatives the City has undertaken in recent years, including the Expanding Housing Options in Neighbourhoods work, policy and zoning changes to maintain and provide for the supply of multi-tenant dwellings or rooming houses, the Concept to Keys initiative, and the Housing Now and Open Door programs, which taken together are all critical in delivering on Council's housing targets.

 

Clarity is essential if the policy framework is to be implemented successfully. As a result, this report recommends that Council endorse for consultation the accompanying draft Implementation Guidelines, which build on experience the City has had over the past 15 years securing affordable housing as a community benefit, either on large sites greater than 5 hectares, within the Central Waterfront Secondary Plan, or as part of site specific developments. This existing policy framework is often described as a voluntary Inclusionary Zoning policy as a developer can elect to provide affordable housing within their development as part of a section 37 community benefits contribution. The results of the current voluntary framework have been uneven and highlight the need for a mandatory framework, as depending on the specific context, some developments have secured affordable housing while others have prioritized other community benefits.

 

The recommended Inclusionary Zoning policy framework was developed in consultation with input from the Housing Secretariat, Shelter, Support and Housing Administration, Corporate Finance, Legal Services, and CreateTO. The background materials and proposed framework meet the provincial requirements for Inclusionary Zoning set out in the Planning Act and Ontario Regulation 232/18.

Background Information

(October 15, 2021) Report from the Chief Planner and Executive Director, City Planning on Inclusionary Zoning Official Plan Amendment, Zoning By-law Amendment and Draft Implementation Guidelines
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172118.pdf
Attachment 1 - Proposed Official Plan Amendment
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172119.pdf
Attachment 2 - Proposed Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172504.pdf
Attachment 3 - Inclusionary Zoning Market Areas Map
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172121.pdf
Attachment 4 - Draft Inclusionary Zoning Implementation Guidelines
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172122.pdf
Attachment 5 - Housing Need and Demand Analysis, August 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172123.pdf
Attachment 6 - Evaluation of Potential Impacts of an Inclusionary Zoning Policy, May 2021; Revised October 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172124.pdf
Attachment 7 - Peer Review of NBLC "Evaluation of Potential Impacts of an Inclusionary Zoning Policy", August 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172125.pdf
Attachment 8 - Phase 1 Consultation and Communication Summary, 2019
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172126.pdf
Attachment 9 - Phase 2 Consultation and Communication Summary, 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172127.pdf
Attachment 10 - Jurisdictional Scan, 2021
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172128.pdf
(October 7, 2021) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172129.pdf
Presentation from Project Manager, City Planning
https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/backgroundfile-172528.pdf

Communications

(October 15, 2021) E-mail from John MacDonald (PH.Main)
(October 23, 2021) E-mail from Steve Kalaydjian (PH.New)
(October 23, 2021) E-mail from Paul Bedford (PH.New)
(October 24, 2021) E-mail from Kate Chung, Co-chair, Accessible Housing Network (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-137780.pdf
(October 26, 2021) E-mail from Jacob Dawang (PH.New)
(October 25, 2021) Letter from David Strom, Collectdev (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-137978.pdf
(October 26, 2021) Letter from Carolyn Egan and Tam Goossen, Good Jobs for All Coalition (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-137936.pdf
(October 25, 2021) E-mail from Luke Bradley (PH.New)
(October 25, 2021) E-mail from Alexia Yates (PH.New)
(October 25, 2021) Letter from Douglas Kwan, Advocacy Centre for Tenants Ontario (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-137941.pdf
(October 28, 2021) Letter from Right to Housing in Toronto (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138032.pdf
(October 26, 2021) Letter from Michael Nguyen, CTN Developments (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138034.pdf
(October 26, 2021) Letter from Joanne Knutson, Habitat Services (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138035.pdf
(October 26, 2021) Letter from Jane Finch Housing Coalition (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138036.pdf
(October 26, 2021) E-mail from Alex Volkov (PH.New)
(October 27, 2021) E-mail from Coleen Bailey (PH.New)
(October 27, 2021) E-mail from Shannon Griffiths (PH.New)
(October 27, 2021) Letter from Kate O'Neil, On behalf of LAHAAG - Lakeshore Affordable Housing Advocacy and Action Group (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138139.pdf
(October 27, 2021) Letter from Adam Brown, Sherman Brown (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138177.pdf
(October 25, 2021) Letter from Bill Worrell, Oakwood Vaughan Community Organization, Romain Baker, Black Urbanism TO (BUTO), Cheryll Case, CP Planning and Chiara Padovani, York South Weston Tenants Union (YSWTU) (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138188.pdf
(October 27, 2021) E-mail from Alex Mlynek (PH.New)
(October 27, 2021) E-mail from Madeline Siklos (PH.New)
(October 27, 2021) E-mail from Ryan Hayes (PH.New)
(October 27, 2021) E-mail from Katie German (PH.New)
(October 28, 2021) Letter from Adina Lebo, Vice-President, Toronto Seniors Forum (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138192.pdf
(October 25, 2021) Letter from Tom Giancos, Senior Vice President, Kingsett Capital (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138194.pdf
(October 27, 2021) E-mail from Camille Dziewurski (PH.New)
(October 27, 2021) E-mail from Caitlin Blain (PH.New)
(October 27, 2021) E-mail from Rupert Ong (PH.New)
(October 27, 2021) E-mail from Emily Shepard (PH.New)
(October 27, 2021) Letter from Sara Margani, Cityzen Development (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138251.pdf
(October 27, 2021) Letter from Stephen Diamond. Diamond Corp (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138252.pdf
(October 27, 2021) Letter from Richard Diamond, Senior Vice President, Canderel (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138227.pdf
(October 27, 2021) Submission from Andrew Marciniak, Toronto ACORN (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138254.pdf
(October 27, 2021) Letter from Daryl Chong, Greater Toronto Apartment Association (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138255.pdf
(October 27, 2021) E-mail from Andrea Lothrop (PH.New)
(October 27, 2021) Letter from Andria Babbington, President, Toronto and York Region Labour Council (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138256.pdf
(October 27, 2021) E-mail from Jacob Givertz-Steel (PH.New)
(October 27, 2021) Letter from Christine Mercado, Long Branch Neighbourhood Association (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138231.pdf
(October 27, 2021) Letter from Andrew Duncan, Chief Investment Office, Development, RioCan (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138232.pdf
(October 27, 2021) Letter from Josh Zagdanski, Madison Group (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138233.pdf
(October 27, 2021) Letter from Marva Burnett, President, ACORN Canada (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138234.pdf
(October 28, 2021) Letter from Pedro Lopez, SVP Acquisitions and Land Development, Marlin Spring (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138264.pdf
(October 28, 2021) Letter from Councillor Mike Layton, Ward 11 University-Rosedale (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138265.pdf
(October 28, 2021) Submission from Effie Vlachoyannacos, Director, Community Investment and Engagement, Maytree (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138266.pdf
(October 28, 2021) Letter from Joe Svec, Vice President, Development and Planning, Choice Properties (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138267.pdf
(October 28, 2021) Submission from Jeremy Withers (PH.New)
(October 28, 2021) Letter from Bahar Shadpour, Manager of Policy, Communications and Engagement, Centre for Equality Rights in Accommodation (CERA) (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138270.pdf
(October 28, 2021) Letter from Jeff Hull, President, Hullmark (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138271.pdf
(October 28, 2021) Letter from Kira Heineck, Executive Director, Toronto Alliance to End Homelessness (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138272.pdf
(October 28, 2021) E-mail from Ene Underwood, CEO, Habitat for Humanity Greater Toronto Area (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138273.pdf
(October 28, 2021) E-mail from Vicki McGregor (PH.New)
(October 28, 2021) E-mail from Irmina J. Ayuyao (PH.New)
(October 28, 2021) Letter from Brooks Barnett, Director, Government Relations & Policy, Realpac (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138319.pdf
(October 28, 2021) Letter from Geoff Kettel, Co-Chair, FoNTRA and Cathie Macdonald, Co-Chair, FoNTRA (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138320.pdf
(October 28, 2021) E-mail from Scott Ng (PH.New)
(October 28, 2021) Letter from Councillor Josh Matlow, Ward 12, Toronto - St. Paul's (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138322.pdf
(October 28, 2021) Letter from Katie German on behalf of the Junction Triangle Community Action Network (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138324.pdf
(October 28, 2021) Submission from Andrew Marciniak, Toronto ACORN (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138344.pdf
(October 28, 2021) Letter from Daniel R Bingham (PH.New)
(October 28, 2021) E-mail from Su Rynard (PH.New)
(October 28, 2021) E-mail from Cathy Tafler (PH.New)
(October 28, 2021) Letter from Alan Braodbent, Chairman and CEO of Avana Capital Corporation, Chairman and Founder of Maytree (PH.New)
https://www.toronto.ca/legdocs/mmis/2021/ph/comm/communicationfile-138328.pdf

Speakers

Christena Abbot, East York ACORN
Jasprert Toor, East York ACORN
Elin Goulden, Diocese of Toronto - Anglican Church of Canada
Dave Wilkes, The Building Industry and Lane Development Association (BILD)
David Bronskill, Goodmans LLP, Special Advisor to BILD
Adam Brown, Sherman Brown
Dr. Geoffrey Schoenberg
Neil Hetherington, CEO, Daily Bread Food Bank
Leanne Huneault
Christopher Robertson
Fizza Khalid, Progress Toronto
Saman Tabasinejad, Organizing Director, Progress Toronto
Alejandra Ruiz Vargas, Chair,, East York ACORN
Marcia Stone, Co-Chair, Weston ACORN
Bob Murphy, Weston ACORN
Monique Gordon, Etobicoke ACORN
Gordon Bryant, Weston ACORN
Ryan Murdock, East York ACORN
Heather Sloman
Chiara Padovani
Nina Milova, East York ACORN
Michaela Ferguson
Mary Jo Leddy, Downtown ACORN
Mike Cosh, Progress Toronto & Timebanks.org
Alan Broadbent, Maytree
Kelsey Gilchrist
Jonathan Balazs, Toronto ACORN
Sean Meagher, Change Lab
Calum Houston, East York ACORN
Ruth Madoc-Jones, Downtown ACORN
Claire Mcgee, Weston ACORN
Abdullah Naqvi, Downtown ACORN
Alissa Klingbaum, Woman Abuse Council of Toronto
Harshika Patel, Etobicoke ACORN
Braeden Soltys
Ene Underwood, Habitat for Humanity Greater Toronto Area
Barry Marsh, Etobicoke ACORN
Adina Lebo, Toronto Seniors Forum
Michelle German, Vice President, Policy, Woodgreen Community Services
Miru Yogarajah, Parkdale Peopleís Economy
Ambalika Roy, Right to Housing in Toronto
Krissan Veerasingam
Beth Wilson, Social Planning Toronto
Dan Bingham
Shanny Hill
Pratyush Tripathi
Ayushman Banerjee
Erella Ganon, Building a Better Bloor Dufferin
Cheryll Case, CP Planning
Butterfly GoPaul, Jane Finch Housing Coalition ~ Housing Organizer
Daryl Chong, Greater Toronto Apartment Association
Will Di Novi, ACORN
Kira Heineck, Toronto Alliance to End Homelessness (TAEH)
Tom Giancos
Earl Leblanc, East York ACORN
Mike Mestyan, Tridel
Mark Richardson, HousingNowTO.com
Christine Mercado, Long Branch Neighbourhood Association
Manjubasini Raveenthran
Jeremy Withers, University of Toronto
Katherine Cirlincione
Councillor Paul Ainslie
Councillor Mike Layton
Councillor John Filion
Councillor Shelley Carroll
Councillor Josh Matlow

Motions

1 - Motion to Amend Item (Additional) moved by Mayor John Tory (Carried)

That:

 

1. City Council direct the Chief Planner and Executive Director, City Planning to review the market impacts of Inclusionary Zoning one year after the implementation of the Inclusionary Zoning policy has taken effect and to bring forward further amendments to the Official Plan and Zoning By-law policies that may be required as a result of this additional analysis including:

 

a. the need for incentives;

 

b. Changes to the Phase-in and/or set aside rate;

 

c. alterations to the minimum development size threshold; and

 

d. any other changes which may be necessary to ensure market stability and production of affordable units.

 

2.  City Council direct the Chief Planner and Executive Director report in June 2022 after conducting additional market analysis in areas currently undergoing study such as Little Jamaica, the Sheppard Subway Corridor and any other areas where planning studies are currently being undertaken and which were not subject to the original detailed analysis to identify additional opportunities wherein Inclusionary Zoning may apply.


2 - Motion to Amend Item (Additional) moved by Councillor Frances Nunziata (Carried)

That:

 

1.  City Council request that the Chief Planner and Executive Director, City Planning to undertake additional market analysis in the area around both the Mount Dennis area and the Weston Road and Lawrence Avenue West area to determine if there are additional areas that should be added to the Inclusionary Zoning Map of the Official Plan policy and report back no later than June 2022.


3a - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Referred)

That:

 

1. City Council amend policies 13, 15 and 16 in the proposed Official Plan Amendment included as Attachment 1 to this report from the Chief Planner and Executive Director, City Planning, and reflect the same changes in the proposed Zoning By-law Amendment included as Attachment 2 to this report, so that the Official Plan Amendment now reads:


"13.a) ii. if a purpose-built rental development is proposed, a minimum requirement of 6% of the total new residential gross floor area shall be secured as affordable rental housing;

 

13.b) ii. if a purpose-built rental development is proposed, a minimum requirement of 3% of the total new residential gross floor area shall be secured as affordable rental housing;

 

15. The affordable rental housing required in Policy 3.2.1.13 a) i. will increase by 3.5%, b) i. will increase by 1.5%, and c) i. will increase by 0.5% per year beginning January 1, 2023 and until January 1, 2026. Affordable ownership housing requirements will be set at one point four times the affordable rental housing requirements.

 

16. Beginning January 1, 2022, the minimum affordable rental housing required in Policy 3.2.1.13 a) ii. will increase by 1% per year beginning January 1, 2023 until January 1, 2026.” 


3b - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Carried)

That:

 

1. City Council request the Chief Planner and Executive Director, City Planning to review the policy one year from implementation and assess the maximum number of affordable rental units and affordable ownership units that could be secured and review the percentage of affordable rental and affordable ownership units secured through the policy to ensure that the proposed set aside rates do not unintentionally secure only affordable ownership units.


4a - Motion to Amend Item (Additional) moved by Councillor Kristyn Wong-Tam (Carried)

That:

 

1. Recommendation 4 be amended by adding “and an additional analysis including a human rights approach on how the set-aside numbers based on the three Zoning Market Areas can be improved to create more affordability, how the significantly large range of set-asides numbers have been identified and the specific evaluation criteria to determine which percentage will be selected on a case-by-case basis.” so it now reads:

  1. City Council endorse the Inclusionary Zoning Implementation Guidelines included as Attachment 4 to this report from the Chief Planner and Executive Director, City Planning for consultation and report back with final recommended Implementation Guidelines in the first half of 2022, including identifying the terms and conditions for a third party administrator of affordable ownership units, and an additional analysis including a human rights approach on how the set-aside numbers based on the three Zoning Market Areas can be improved to create more affordability, how the significantly large range of set-asides numbers have been identified and the specific evaluation criteria to determine which percentage will be selected on a case-by-case basis

2. City Council direct the Chief Planner and Executive Director, City Planning to report annually on an interim basis to the Planning and Housing Committee on:

 

a. the actual number of affordable rentals and ownership units approved and secured, including those that are universally accessible, compared to the anticipated projections tracked through the development pipeline to ensure that they are completed and permanently occupied by qualified tenants and owners;

 

b. the establishment of clear goals to obtain the maximum creation of affordable housing to end the housing crisis in five years and new financial tools to achieve this, if required; and

 

c. the creation of additional planning tools to ensure that affordable rental housing is developed in comparable percentages in both condominium development and purpose-built rental development.

 

3. City Council direct the Chief Planner and Executive Director, City Planning, to develop a new framework to assess which areas are suitable for Inclusionary Zoning, and the percentage of units therein, based on a human rights approach to housing that considers:

 

a. local need for affordable housing;

 

b. community displacement; and

 

c. different models of housing provision.


4b - Motion to Amend Item (Additional) moved by Councillor Kristyn Wong-Tam (Redundant)

That:

 

1. City Council direct that the Chief Planner and Executive Director, City Planning undertake additional market analysis in the area surrounding Little Jamaica within 500-800 metres of the Eglinton Crosstown stations to determine if this area should be added to the Inclusionary Zoning Map of the Official Plan policy for submission to the Government of Ontario in 2022 and report to the June 2022 meeting of Planning and Housing Committee.


5 - Motion to Refer Motion moved by Councillor Ana Bail„o (Carried)

That:

 

1.  The Planning and Housing Committee refer motion 3a from Councillor Gord Perks to the City Solicitor with the request that the City Solicitor report directly to the November 9, 2021 meeting of City Council on the legal implications of the motion.

Vote (Refer Motion) Oct-28-2021

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Ana Bail„o (Chair), Brad Bradford, Paula Fletcher, Frances Nunziata, John Tory
Total members that voted No: 2 Members that voted No are Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 0 Members that were absent are

6 - Motion to Adopt Item as Amended moved by Councillor Ana Bail„o (Carried)

Vote (Adopt Item as Amended) Oct-28-2021

Result: Carried Majority Required
Total members that voted Yes: 7 Members that voted Yes are Ana Bail„o (Chair), Brad Bradford, Paula Fletcher, Frances Nunziata, Gord Perks, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are
Source: Toronto City Clerk at www.toronto.ca/council