Minutes Confirmed on January 29, 2024

The Planning and Housing Committee recommends that:

1. City Council enact the Zoning By-law amendments substantially in accordance with Attachment 1 to the report (November 14, 2023) from the Chief Planner and Executive Director, City Planning.

2. City Council authorise the City Solicitor to make such stylistic and technical changes to the Zoning By-law amendments as may be required.

The Planning and Housing Committee held a statutory public meeting on November 30, 2023, and notice was given in accordance with the Planning Act.

On an ongoing basis, the City rectifies technical errors to the text and mapping of Zoning By-law 569-2013.

This report proposes technical amendments to Zoning By-law 569-2013 to correct typographical errors; add, remove or replace words; revise regulations in order to clarify or correct interpretations and permissions; and make adjustments to zoning and overlay map boundaries.

All proposed revisions are in keeping with Council's intentions when it first approved the by-law and/or its amendments, and do not affect the substance of the by-law.

The Planning and Housing Committee recommends that:

1. City Council amend City-wide Zoning By-law 569-2013, and all Former General Zoning By-laws, as amended, as it relates to zoning regulations for bars, restaurants and other entertainment venues substantially in accordance with the draft zoning by-law amendments as Attachments 2 to 4 of the report (November 16, 2023) from the Chief Planner and Executive Director, City Planning. The by-law amendments are to come into force and effect on January 1, 2025.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed draft zoning by-law amendments as may be required.

3. City Council request the General Manager, Economic Development and Culture in consultation with the Chief Planner and Executive Director, City Planning, to consider the following for inclusion in the Good Neighbour Guide for Late-Night Businesses:

a. that late night businesses intending to establish a new nightclub outside Council parameters include a plan to adhere to the best practices laid out in the Good Neighbour Guide as a part of their application.
 

4. City Council request the Chief Planner and Executive Director, City Planning, to discuss with applicants during the preapplication consultation process, opportunities and best practices to secure existing late-night businesses through redevelopment.

The Planning and Housing Committee held a statutory public meeting on November 30, 2023, and notice was given in accordance with the Planning Act.

This report recommends the adoption of zoning by-law amendments to modernize and clarify the rules for bars, restaurants and other entertainment venues as part of the City's inter-divisional Night Economy Review. For details on the proposed licensing framework and considerations in potential City support of the night economy, refer to the Municipal Licensing and Standards Division and the Economic Development and Culture Division staff reports prepared for the November 28, 2023, meeting of the Economic and Community Development Committee.

This report also provides context on how proposed zoning by-law amendments align with the Municipal Licensing and Standards (MLS) Division's proposed updates to City licensing regulations and exploratory work led by the Economic Development and Culture (EDC) Division into City steps required to support an enhanced night economy.

Staff have considered the research and input received to date and weighed this information to develop balanced regulations that intend to align with evolving business models and provide flexibility and support for businesses, while ensuring an appropriate level of regulatory oversight to mitigate potential community nuisance and public safety issues.

The current zoning by-law regime for bars, restaurants and entertainment venues is a harmonization of regulations found in the Former General Zoning By-laws, with regulations originating between the 1960's to the early 2000's. The regulations do not reflect contemporary and forward focussed expectations around these activities and land uses. Other than area-specific reviews, this policy area has not had the benefit of a comprehensive review and consultation in decades.

The proposed zoning by-law amendments complement proposed licensing regulations and broader City considerations to respond to a range of City Council directives related to the night economy. The proposed amendments seek to support live music, align the review of zoning and business licensing regulations, support emerging entertainment areas outside the downtown core, modernize and clarify licensing and zoning regulations for restaurants, bars and entertainment venues, and address impacts of problematic establishments.

Staff recommend the following zoning by-law amendments to support the night economy:

• Increase the permitted maximum ancillary entertainment area inside eating establishments from 6% to 25%;
• Permit nightclubs outside the downtown area in certain commercial zones, subject to conditions including the requirement to be in a non-residential building;
• Reduce amusement arcade restrictions;
• Remove amusement device restrictions;
• Harmonize reductions for the calculation of interior floor area; and
• Modernize entertainment-related use definitions and align those definitions with Toronto Municipal Code Chapter 545, Licensing.

The following City Divisions, Agencies, Boards and Commissions were consulted in the preparation of this report: Municipal Licensing and Standards, Economic Development and Culture, Toronto Building, Toronto Fire, Toronto Paramedic Services, Toronto Police Service, Toronto Public Health, Transportation Services, Toronto Transit Commission and the Alcohol and Gaming Commission of Ontario.

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council amend Zoning By-law 569-2013, as amended, substantially in accordance with the draft Zoning By-law Amendment appended as Attachment 1 to the report (November 15, 2023) from the Chief Planner and Executive Director, City Planning.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed Draft Zoning By-law Amendment as may be required.

3. City Council request the Chief Planner and Executive Director, City Planning to undertake further stakeholder consultation and report back to Planning and Housing Committee in the third quarter of 2024 with proposals for the recommended Phase 2 of the Zoning By-law Simplification and Modernization for Low-rise Residential Zones study.

The Planning and Housing Committee held a statutory public meeting on November 30, 2023, and notice was given in accordance with the Planning Act.

This report recommends changes to Zoning By-law 569-2013 (‘the city-wide Zoning By-law’) to be advanced as part of the first phase of work to simplify and modernize low-rise residential zoning regulations. The recommended zoning amendments would remove barriers, ease administration, and enable the creation of more housing as part of the Housing Action Plan to achieve or exceed the provincial housing target of 285,000 new homes over the next 10 years.

As described in the June 19, 2023 Proposals Report (Item PH5.5), this study organizes proposed changes by three key themes: ‘simplification’, ‘harmonization’, and ‘modernization’.

The recommended ‘simplification’ zoning changes advanced in this report include updating and clarifying zoning regulations for multiple secondary suites in one building in the R zone to reduce confusion, and clarify the distinction between secondary suites, multiplexes and low-rise apartment buildings. This includes the introduction of new conversion regulations to preserve existing permissions that allow detached houses and semi-detached houses to be converted to contain multiple units.

The recommended ‘harmonization’ zoning changes would align regulations, such as main wall height provisions for flat roof buildings between building types (i.e., detached and semi-detached houses) and across zones to ensure a consistent approach to city-wide performance standards for buildings of a similar scale, while enabling a diversity of architectural styles. Additional recommended zoning changes include a harmonization of performance standards in the R zone for low-rise apartment buildings with those for multiplexes to facilitate conversions and remove barriers to creating low-rise apartment buildings where they are already permitted.

The ‘modernization’ changes identified in the Proposals Report included exploration of alternative approaches to regulating building area (Floor Space Index (FSI)) and moving the city-wide Zoning By-law towards a more form-based approach focusing on the external characteristics of a building. Through consultation, additional considerations have been identified and further analysis is necessary before a preferred approach to zoning changes can be recommended. Staff will continue this analysis and consultation and report back on potential approaches in Q4 2024.

The recommended zoning changes in this report respond to provincial policy changes to the Planning Act (Bill 23) and have been informed by review of best practices in comparable jurisdictions in Ontario, Canada, and North America, ongoing stakeholder engagement, and integration with other zoning and policy modernization initiatives such as the Expanding Housing Options in Neighbourhoods (EHON) initiative.

The Planning and Housing Committee:

1. Requested the Chief Planner and Executive Director, City Planning undertake further stakeholder consultation respecting a. and b. below and report back in second quarter of 2024 with:

a. the final updated Rear Transition performance standards for the Mid-Rise Building Urban Design Guidelines; and

b. Zoning By-law Amendments implementing the updated Rear Transition performance standards and as-of-right permissions for height and density implementing the Mid-rise Building Urban Design Guidelines. 

2.  Requested the Chief Planner and Executive Director, City Planning make best efforts to report back by the fourth quarter of 2024 with draft consolidated mid-rise guidelines that incorporate recommendations resulting from mid-rise monitoring, public and stakeholder consultation undertaken to date, and analysis that amend the performance standards with the goal of encouraging mid-rise developments that are more economical to build and more environmentally sustainable.

The purpose of this report is to report back to the Planning and Housing Committee on the stakeholder and public consultation for the draft updated Rear Transition performance standards for mid-rise buildings, as well as the other existing Mid-Rise Buildings Performance Standards, and a timeline for implementation through Zoning By-law Amendment. This Performance Standards review is part of the Housing Action Plan to achieve or exceed the provincial housing target of 285,000 new homes of the next 10 years, adding to the 166,739 new homes completed in the past 10 years.

Mid-rise buildings are the 'in between' scale of building, and have heights generally no greater than the width of the right-of-way that it fronts onto, up to 11 storeys. Mid-rise buildings are encouraged along Avenues and in other Mixed Use Areas, with their physical form and how they relate to their context informed by the Mid-rise Building Performance Standards urban design guidelines.

City Planning has conducted a review of the Mid-Rise Building Performance Standards, focussing on the existing Performance Standards for Rear Transitions (5A through 5D). This focussed review of these four Performance Standards identified that providing flexibility in the rear transition of these building types to adjoining areas creates additional opportunities to further facilitate development of mid-rise buildings. Further facilitating development in a mid-rise building form will support increased housing supply in walkable, complete communities, while providing a wider range of housing options to address current housing challenges without compromising the needs of future generations.

This report summarizes the feedback received through this public and stakeholder consultation, and recommends that staff advance finalized updated Rear Transition performance standards for the Mid-rise Building Urban Design Guidelines, and a Zoning By-law Amendment with as-of-right zoning for mid-rise buildings along Avenues that implement the updated performance standards including rear transition, height and density permissions, for City Council's consideration in early Q2 of 2024.

The Planning and Housing Committee forwards the item to City Council without recommendations.

The Planning and Housing Committee held a statutory public meeting that began on October 26, 2023 and continued on November 30, 2023, and notice was given in accordance to the Planning Act.

City Council, at its meeting on November 8 and 9, 2023, referred the draft Zoning By-law Amendments in Attachment 1 to the report (September 13, 2023) from Chief Planner and Executive Director, City Planning and the Executive Director, Transit Expansion Office, as they relate to the following properties, to the Planning and Housing Committee for further consideration at its meeting of November 30, 2023:

891, 885 and 897 Pape Avenue;

1012-1052 Pape Avenue;

240 and 242 First Avenue;

495 and 497 Pape Avenue;

716 Pape Avenue;

676-692 Danforth Avenue;

5-11 Gertrude Place;

1, 3, 5, 7, 11, and 13 Lipton Avenue;

855 Gerrard Street East;

15 and 17 Minton Place and 156 and 158 Hopedale Avenue; and

449 Carlaw Avenue.

The Planning and Housing Committee recommends that:

1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks Forestry and Recreation to review the Official Plan policies with respect to protection of existing trees and expansion of tree canopy when permitting infill housing and report back to the Planning and Housing Committee on potential updates to the Official Plan policies by the fourth quarter of 2024.

2. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks Forestry and Recreation, to review the city-wide Zoning By-law 569-2013 for opportunities to further support, protect, and enhance growing space for tree growth, including a review of the definitions of landscaping and soft landscaping and landscaping regulations in low-rise residential zones, and report back to the Planning and Housing Committee on opportunities to update the Zoning By-law by the fourth quarter of 2024.

3. City Council amend its previous direction 2018.PE25.1 respecting the requirements for a complete Committee of Adjustment application, by removing the site plan outlining the "as-of-right" footprint requirement, and only require applicants to submit:

a. a completed tree declaration form;

b. up-to-date colour photos showing the entire front and rear yard of the site regardless of if there are trees, and up-to-date colour photos of all By-law protected trees located on the site and within 6m of the site (12m with Ravine and Natural Feature Protected Areas); and

c. plans showing the location of all By-law protected trees and tree protection zones, with species and diameter of each By-law protected tree at breast height indicated.

4. City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Parks Forestry and Recreation in consultation with the Chief Building Official, Toronto Building and the City Solicitor to complete a review of Committee of Adjustment application requirements, as well as the review and commenting practices in order to enhance tree protection and enhancement of growing space for trees and report back to the Planning and Housing Committee by the fourth quarter of 2024.

5. City Council request the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Parks, Forestry and Recreation, to continue to monitor for tree impacts resulting from laneway suites, garden suites, multiplex dwellings and other residential building types permitted as part of the monitoring programs for the Expanding Housing Options in Neighbourhoods initiative.

6. City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, to review whether amendments to existing policies or by-laws or a new policy or municipal by-law may be recommended in addition to the review arising from Recommendations 1 and 2 above pursuant to Section 212(1)9 of the City of Toronto Act, 2006.

7. City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation to consult with relevant stakeholders in responding to the recommendations of the report (November 15, 2023) from the Chief Planner and Executive Director, City Planning and the Acting Manager, Parks, Forestry and Recreation.

8. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, to investigate the comparative impacts of other low-rise, as-of-right development on the city’s tree canopy and include this information in the report back in the fourth quarter of 2024.
 

9. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, as part of report-back on the monitoring of laneway suites, garden suites, multiplex, and other Expanding Housing Options in Neighbourhoods (EHON) development types, to examine the extent to which the need for permits from Urban Forestry may have prevented building permit applications from moving forward.
 

10. City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, undertake best efforts to coordinate the report back on Expanding Housing Options in Neighbourhoods (EHON) monitoring outcomes and the report back on strategies to protect and enhance the city’s tree canopy so that the Committee might consider these reports together.

This report responds to a Council direction to identify potential strategies to protect and enhance the city's tree canopy and growing space for trees, while also supporting infill housing growth in Toronto's low-rise neighbourhoods.

Trees are a critically important asset to address the climate and biodiversity crisis and concurrently contribute to provide the development of attractive and desirable neighbourhoods. New infill housing will help address Toronto's current housing challenges but has the potential to negatively impact the tree canopy and reduce the amount of suitable growing space for trees if proactive solutions are not implemented.

The City has been proactive in its requirements for protection of trees and growing space. Toronto has one of the strongest suites of tree protection by-laws in North America and has comprehensively addressed tree protection in the Official Plan amendments related to provision of garden suites, laneway suites and multiplex housing. The City must continue to be proactive and innovative in supporting and expanding its tree canopy and growing space while supporting opportunities for infill residential development, as both are critical in responding to the current climate emergency.

This report highlights the existing policy and regulatory framework, past studies and proactive solutions underway. It also identifies proposed strategies related to protection and enhancement of tree canopy and growing space under the City's Official Plan and Zoning By-law; practices in administering Committee of Adjustment applications and tree by-laws; and monitoring of impacts to trees from infill housing development enabled by the City's Expanding Housing Options in Neighbourhoods (EHON) initiative. Specifically, these strategies include:

i. review of Official Plan policies with respect to protection of existing trees and expansion of tree canopy when permitting infill housing;

ii. review of the city-wide Zoning By-law for opportunities to further support protection and enhancement of growing space for trees, including a review of the definitions of landscaping and soft landscaping and landscaping regulations in low-rise residential zones;

iii. review and modification of Committee of Adjustment existing minor variance and consent to sever application requirements to support tree protection;

iv. comprehensive evaluation of internal review and commenting practices for Committee of Adjustment minor variance and consent applications, with specific regard to tree protection and canopy enhancement, with process improvements to follow;

v. continued monitoring of tree impacts resulting from Expanding Housing Options in Neighbourhoods (EHON) related development;

vi. follow-up inspections when a tree permit has been issued; and

vii. enhanced enforcement of tree by-laws.

The Planning and Housing Committee recommends that:

1. City Council request the Minister of Municipal Affairs and Housing to consult with the City prior to issuing any draft regulations associated with Bill 109, specifically related to definitions included in the legislation, limitations on refund eligibility, waivers, a "stop the clock" mechanism, and other implementation tools.

2. City Council request the Minister of Municipal Affairs and Housing to consult with the City regarding a "reasonable timeline" within which residential development applicants who receive planning approval must commence construction.

3. City Council amend the New Business provisions of the City of Toronto Municipal Code, Chapter 27, Council Procedures, to authorize the Chief Planner and Executive Director, City Planning, to report directly to City Council when recommending refusal of an application for an Official Plan Amendment and/or Zoning By-law Amendment.

The Chief Planner and Executive Director, City Planning and the Project Director, Business Transformation, City Planning gave a presentation on Implementing Bill 109 - 2023 Annual Update.

In December 2022, Council adopted the report "Implementing Bill 109 - the More Homes for Everyone Act, 2022" (2022.EX1.4). This report provides a summary of progress in 2023 under the two guiding principles established in December 2022:

·  Continue to focus on and prioritize good city-building outcomes; and

·  Mitigate risk to cost recovery of development review services. 

Putting these principles into practice has driven change in practice but as predicted, has revealed the unintended consequences of the legislation. Legislated review timelines do not take into consideration Toronto's complex urban environment. They ignore the reality that positive results are commonly achieved through collaboration over time during the review. To mitigate risk to cost recovery in the near term, the City faces long-term risks to good city-building outcomes. Without further legislative change or regulation that recognizes the City's unique development context, the ability to work together with applicants to implement the City's strategic priorities will be diminished.   

The City continues to make considerable progress in the areas of staff recruitment, policy and process change, and implementation of new technology, as outlined in this report. Despite best effort and ongoing engagement with our industry partners, risk to cost recovery will not be fully mitigated in 2023 and is expected to continue into 2024.

In addition to an update on progress in 2023, this report responds to Council direction on item 2023.PH6.2 which requested that the Chief Planner and Executive Director, City Planning and the City Solicitor report to the November 30, 2023 meeting of the Planning and Housing Committee with possible measures, if any, that could be taken by the City of Toronto to avoid planning application fee refunds as prescribed in Bill 109 amendments to Section 114 of the City of Toronto Act, 2006. The City Solicitor has been consulted in the preparation of this report.

The Planning and Housing Committee:

1. Requested the Deputy City Manager, Development and Growth, in consultation with the Chief Planner and Executive Director, City Planning, and the Chief Building Official and Executive Director, Toronto Building review the planning application checklist and report back by the second quarter of 2024 with any identified redundancies, duplications or items that may reasonably be eliminated from the list of required studies to be submitted alongside the following applications:
 

a. Official Plan Amendment (OPA)
b. Zoning By-law Amendment (ZBA)
c. Draft Plan of Subdivision (SUB)
d. Site Plan Control (SPA)
e. Part Lot Control Exemption (PLC)
f. Draft Plan of Condominium (CDM)
 

2. Requested the Deputy City Manager, Development and Growth, include in the report back in the second quarter of 2024 an evaluation of the requirements for third party reviews of submitted studies as part of an application, an evaluation of the current annual cost to hire consultants to undertake these third-party reviews in instances where the City of Toronto does not itself have the in-house expertise, and recommendations to reduce the administrative burden on City Staff and accelerate approval timelines.

On October 19, 2023, the first meeting of the Housing Action Roundtable was held at City Hall. The purpose of the Roundtable is to bring together external experts from a variety of perspectives to help us bring forward the transformative change needed at the City of Toronto to build an affordable city for current and future generations. I am leading this Roundtable at the request of Mayor Olivia Chow, who shares the goal of building more housing for Torontonians.

Among its list of objectives, the Roundtable is intended to help guide efforts to accelerate city review and approval processes for new housing. Today, it takes 3 ½ years to get housing approved. That’s a big factor into why it takes far too long to get shovels in the ground on the housing we so desperately need. Worse still, many housing projects die a slow death because by the time a builder gets that approval in hand, construction costs have increased, their financing has fallen through, and the project that once made sense no longer pencils. We must do better.

One of the immediate priorities identified by the Roundtable is the need to eliminate redundant – and often unnecessary – studies from the application process. On any given application, there can be as many as 34+ studies that an applicant is asked to submit. These studies represent a significant cost to a builder, in terms of both time and money. The City has only continued to add to the list of requirements over the years, and some may require a rethink.

I’ll give you a few examples:

●  Applicants are asked to provide a Parking Study despite City Council having eliminated the requirement to provide parking within new developments. In many cases, these reports are being written to justify the intention to build zero onsite parking.

●  Applicants building housing along Queen Street or other transit routes are often asked to submit a Noise Impact Study outlining how the noise from public transit will impact future residents, despite the goal to build housing close to transit. Spoiler alert: if you live on Queen Street, you may occasionally hear the bell and speaker from the 501.

●  Applicants are asked to do the City’s work for them by submitting a Community Services and Facilities Study to determine if the additional population will necessitate the creation of new services (e.g. community centres, libraries). The Census already provides data on population growth and socio-demographic trends.

●  Applicants are asked to submit an Avenue Segment Review in areas where the City has not themselves undertaken an Avenue Study to help guide new development – and explain how their own project might fit into that broader plan. This would not be necessary if the City proactively planned for the growth that we need.

The Planning and Housing Committee recommends that:  

1.  City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Housing Secretariat, to negotiate and enter into an agreement of purchase and sale for the fee simple acquisition of the property municipally known as 355 Coxwell Avenue (“the Property”) substantially on the terms and conditions set out in Attachment 1 and Confidential Attachment 1 to the report (November 16, 2023) from the Executive Director, Housing Secretariat, and the Executive Director, Corporate Real Estate Management, and on such other or amended terms and conditions that are acceptable to the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Housing Secretariat.

2.  City Council authorize up to 80 affordable rental housing units developed on the Property to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid and provided the units are not already exempted under provincial legislation.

3.  City Council authorize the Executive Director, Housing Secretariat to submit any applications to the federal or provincial governments to secure funding to develop affordable housing on the Property, and to execute any agreements or other documents on behalf of the City that may be required with respect to same, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor.

4.  City Council increase the 2023-2032 Approved Capital Budget and Plan for the Housing Secretariat by $665,000, fully funded from the Development Charges Reserve Fund for Subsidized Housing (XR2116) to support the fee simple acquisition of 355 Coxwell Avenue for the purposes of new affordable housing.

5.  City Council authorize the public release of Confidential Attachment 1 to the report (November 16, 2023) from the Executive Director, Housing Secretariat, and Acting Executive Director, Corporate Real Estate Management, following the closing of the transaction contemplated herein. 

This report recommends the City’s acquisition of the vacant development site at 355 Coxwell Avenue (“the Property”) and related affordable housing development project (the “Development”, and with the Property, collectively, the “Project”). The acquisition is proposed using City funds available in the Development Charges Reserve Fund for Subsidized Housing (XR2116).

The Development was approved for Open Door Affordable Rental Housing Program funding and incentives in 2021 and has been issued a Notice of Approval Conditions (NOAC) by City Planning. The approved proposal is for a 6-storey affordable cooperative building containing 33 apartments with a mix of one-, two- and three-bedroom units. The Open Door Program approvals were provided to the non-profit group Community Affordable Housing Solutions (“CAHS”), and the owner of the Property is Habitat for Humanity GTA (“Habitat”), which is a member of CAHS.

The Development, like many affordable housing projects, has experienced financial challenges due to changing market conditions (rising construction costs and interest rates), changes to Federal funding programs, and other challenges and delays related to approvals and construction. The Development is no longer viable for CAHS and Habitat as developers, and Habitat has received approval from their Board of Directors to sell the Project. Habitat has offered the Project to the City for a price of $3,800,000 until February 2024. The City’s acquisition represents the only way forward to ensure affordable housing outcomes are delivered on the Property. 

Pending City Council’s decision on the acquisition of the Project, City staff will implement an expedited City-led affordable housing development process to maximize the number of affordable homes realized on the Property. This approach is in keeping with Council’s recently approved report, Generational Transformation of Toronto’s Housing System to Urgently Build More Affordable Homes. The Property is currently vacant and has been remediated, with zoning, site plan and NOAC in place. If acquired, this Property could be included among the City’s “Construction Ready” sites.

The Planning and Housing Committee recommends that:  

1. City Council authorize the affordable rental homes located within the developments described in Table 1 in the Financial Impact section of the report (November 24, 2023) from the Executive Director, Housing Secretariat, to be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions, unless already paid or exempted by provincial legislation.

2. City Council authorize an exemption from taxation for municipal and school purposes under the terms of the Open Door Affordable Rental Housing Program for the affordable rental homes located within the developments and for the periods of time described in Table 2 in the Financial Impact section of the report (November 24, 2023) from the Executive Director, Housing Secretariat.

3. City Council authorize the Controller to cancel or refund any taxes paid after the effective date of the exemption from taxation for municipal and school purposes as set out in the applicable municipal housing facility agreement (the City's Contribution Agreement).

4. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute, on behalf of the City, a municipal housing facility agreement (the City's "Contribution Agreement"), or amendments to existing Contribution Agreements, where applicable, with the appropriate legal entities for the developments listed in Table 1 and 2  in the Financial Impact section of the report (November 24, 2023) from the Executive Director, Housing Secretariat, or related entities, to secure the financial assistance and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer & Treasurer, and in a form approved by the City Solicitor.

5. City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security or financing documents, or any other documents required to facilitate the development, including any documents required by the developers of the developments described in Table 1 in the Financial Impact section of the report (November 24, 2023) from the Executive Director, Housing Secretariat, or their related corporations, to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council.

The Open Door Affordable Rental Housing ("Open Door") program is a key program under the HousingTO 2020-2030 Action Plan (“HousingTO”) that offers capital funding and/or financial incentives to support non-profit and private sector housing developers to create new affordable rental housing for low- and moderate-income households. These new homes are critical to help the City meet its target of approving 65,000 rent-controlled homes by 2030, including 41,000 affordable rental homes.

Since 2016, Housing Secretariat has released an annual Open Door call for applications to allocate grant funding to support eligible projects. Due to a series of legislative, policy, and budgetary changes a call for applications was not released in 2023. The adoption of Bill 23, More Homes Built Faster Act ("Bill 23") by the Government of Ontario in November 2022 has significantly changed the impact of the benefits offered though the City program, reducing the ability to negotiate and secure long-term affordability on new affordable rental projects, because equivalent benefits are now provided automatically with less requirements. Bill 23 has also eliminated the City’s ability to collect anticipated and budgeted development charges revenues for housing services, representing a $120 million per year impact to the City’s housing programs and the loss of a primary funding tool to deliver funding through the Open Door Program.

On November 8 and 9, City Council adopted EX9.3, titled “Generational Transformation of Toronto’s Housing System to urgently Build More Homes” which revised the City’s housing targets and included direction that staff report back to City Council in Q1 2024 with recommendations to revise the Open Door program to support the City’s new housing targets.

Throughout 2023, Housing Secretariat staff have continued to support Indigenous, non-profit and private sector development partners with moving affordable housing projects forward. To ensure these projects can move forward, this report recommends approval of City financial incentives for 19 affordable housing projects to support the creation of 856 new affordable rental homes. 17 of these projects are led by non-profit housing partners and 2 projects are private sector led. The estimated value of City incentives on waivers and exemptions to development charges, parkland dedication, planning fees, building fees, and property tax is $65,813,467.

 
City Council’s approval of the recommendations in this report will support continued progress on urgently needed new affordable homes while staff continue due diligence and consultation on Open Door program changes necessitated by Bill 23, which will be brought forward in Q1 2024 in response to Council’s request.

The Planning and Housing Committee recommend that:  

Program and Implementation Considerations

1. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (November 16, 2023) from the Executive Director, Housing Secretariat and Executive Director, Corporate Real Estate Management, remain confidential in its entirety, as it contains information explicitly supplied in confidence to the City of Toronto and Toronto Community Housing Corporation by the Canada Mortgage and Housing Corporation (CMHC).

2. City Council authorize the public release of Confidential Attachment 1 to the report (November 16, 2023) from the Executive Director, Housing Secretariat and Executive Director, Corporate Real Estate Management, once the City is permitted to do so pursuant to the funding agreement with CMHC following the public disclosure of the same information by CMHC.

3. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Housing Secretariat, to approve and execute, on behalf of the City, a long-term, nominal rent lease and related agreements with the non-profit housing operator to be selected through a request for proposals process for 65 Dundas Street East, substantially on the major terms and conditions set out in Attachment 2 to the report (November 16, 2023) from the Executive Director, Housing Secretariat and Executive Director, Corporate Real Estate Management, and such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management, in consultation with Executive Director, Housing Secretariat, and in a form satisfactory to the City Solicitor.

4. City Council consider the lease referenced in Recommendation 3 above to be in the interests of the City.

5. City Council authorize the Executive Director, Corporate Real Estate Management, or designate, in consultation with the Executive Director, Housing Secretariat to administer and manage the lease including the provision of any amendments, consents, approvals, waivers, notices, and notices of termination, provided that the Executive Director, Corporate Real Estate Management may, at any time, refer consideration of such matters, including their content, to City Council for its determination and direction.

6. City Council authorize the General Manager, Shelter, Support and Housing Administration to enter into a data sharing agreement with University Health Network, to receive patient data for consenting patients who are experiencing homelessness and who are high-frequency users of the hospital emergency departments, and to share information with respect to the By-Name List, for the purposes of assessing eligibility and prioritizing for supportive housing opportunities at 150 Dunn Ave., on terms and conditions satisfactory to the General Manager, Shelter, Support and Housing Administration in consultation with the Executive Director, Housing Secretariat, and in a form satisfactory with the City Solicitor.

Financial Considerations

7. City Council increase the 2024 Operating Budget for Housing Secretariat by $93,863,862.16, fully funded from the RHI Phase Three, to enable staff to begin flowing capital funding to non-profit and Indigenous housing projects approved under RHI Phase 3, and in accordance with applicable program guidelines and Contribution Agreements to be executed between the City and the non-profit and Indigenous housing providers.

8. City Council authorize the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer, to allocate any available provincial or federal funding for capital projects to any Rapid Housing Initiative projects led by Indigenous and non-profit housing providers approved as intermediaries by CMHC in any past, current, or future phases of the Rapid Housing Initiative ("Housing Providers"), provided that:

a. the Executive Director, Housing Secretariat, is satisfied that the funding is required to close any funding gaps to complete the Rapid Housing Initiative project;

b. in the case of provincial or federal grant funding, the province or the federal government, as applicable, have approved the use of the funding for the purpose of the Rapid Housing Initiative project, where necessary.

9. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute, on behalf of the City of Toronto, any agreements, including amendments to any existing agreements, with the Housing Providers to secure the financial assistance provided pursuant to Recommendation 8 above and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor.

10. City Council authorize an exemption from taxation for municipal and school purposes for the affordable rental homes developed as part of RHI Phase Two and for the periods of time described in Table 2 below in the Financial Impact section of the report (November 16, 2023) from the Executive Director, Housing Secretariat and Executive Director, Corporate Real Estate Management.

11. City Council authorize the Controller to cancel or refund any taxes paid after the effective date of the exemption from taxation for municipal and school purposes as set out in the applicable municipal housing facility agreement (the City's Contribution Agreement).

Intergovernmental Considerations

12. City Council request the Government of Canada extend the Rapid Housing Initiative to include additional phases, and increase the funding allocated to Toronto based on demonstrated need and demand.

13. City Council request the Government of Canada to amend the Rapid Housing Initiative program guidelines to cover cost overruns resulting from unavoidable market or other conditions, or allow projects to be eligible for low-cost financing through other National Housing Strategy programs, including the National Co-Investment Fund, to ensure successful completion of the projects.

14. City Council re-iterate its requests to the Government of Canada and the Government of Ontario to urgently scale up investments in the Canada-Ontario Housing Benefit program and commit to providing at least 3,100 net new allocations per year in Toronto.

15. City Council request the Government of Ontario to expand on its recent commitment to partner with the City of Toronto to create new supportive homes for people experiencing or at risk of homelessness, by providing an incremental $60 million in operating funding annually, beginning in 2025, for wraparound health and social supports to enable the creation of 2,500 net new supportive housing opportunities.

On November 29, 2023 the Executive Director, Housing Secretariat issued a supplementary report advising that the project at 4201-4203 Kingston Road, to be led by Gabriel Dumont Non-profit Homes, and previously listed in Confidential Attachment 1 to the report (November 16, 2023) from the Executive Director, Housing Secretariat and Executive Director, Corporate Real Estate Management has been publicly disclosed by Canada Mortgage and Housing Corporation, and as such can be named publicly.

At its meeting of November 8 and 9, 2023, City Council adopted Item EX9.3 – “Generational Transformation of Toronto’s Housing System to Urgently Build More Affordable Homes”, which outlined the urgent need for new and enhanced government investments to strengthen and shift the housing system to increase the supply of public and non-profit owned homes. These homes are critical to adequately address the unmet housing needs of low- and moderate-income households.

A key federal program that has supported the City and the Indigenous and non-profit sectors to create new deeply affordable supportive housing is the federal Rapid Housing Initiative (RHI). The RHI program provides up to 100% capital grant funding towards the costs to build or acquire and renovate properties to create net new affordable and supportive rental homes for people experiencing or at risk of homelessness. With almost $440 million in federal investments over Phases One and Two of the RHI program, the City has been able to accelerate the delivery of almost 1,100 new homes to successfully move people out of homelessness.

As part of Budget 2022, the Government of Canada announced Phase Three of the RHI and allocated $1.5 billion to create over 4,500 affordable rental homes across Canada. In July, 2022, through Item PH35.21, City Council authorized staff to submit an application to the Canada Mortgage and Housing Corporation (CMHC) for funding under this new phase of program and to report back on the outcome of the application, once known. This report responds to Council’s request and provides an update on the City’s RHI funding application.

As part of Phase Three of the RHI program, CMHC has recently approved a total investment of $169.4 million in grant funding to support 9 projects, estimated to create 416 net new rent-geared-to-income (RGI) homes across Toronto over the next 18 months. While this allocation falls short of the City’s requested funding to deliver over 1,300 affordable and supportive homes, the City greatly appreciates this federal commitment and looks forward to additional opportunities for collaboration and enhanced partnership. Approved and announced projects are outlined in this report, and Confidential Attachment 1 to this report provides details of the approved and unannounced projects, which must remain confidential until publicly announced by CMHC, as required in the City’s funding agreement with CMHC.

To deliver deeply affordable rental and supportive housing, a tri-government partnership approach is essential. To complement federal capital investments, the City has committed its own land and financial incentives to support delivery of the new homes. This report recommends that City Council request the provincial government to also join federal and City efforts and commit to incremental and sustained operating funding (for housing benefits and support services) to help create net new supportive housing opportunities. This is on top of the $48 million annual commitment made by the provincial government for 2023-2025 to support an estimated 2,000 supportive housing opportunities created over 2021 and 2022 through new construction, acquisitions, and layering on supports to existing rental units. Deeply affordable homes with a range of individualized, wraparound social and health supports are key to ending chronic homelessness. Besides providing people with improved health and social outcomes, investments in permanent affordable and supportive housing help reduce systemic and structural inequities; strengthen our housing, homeless and public health systems; and result in avoided costs and cost-savings for all orders of government. 

This report also provides a status update on in-flight rapid and modular housing projects, in line with direction from City Council in July 2023 through Item AU2.7. Specifically, Item AU2.7 from the Auditor General recommended that staff provide Council with more regular updates on the status of modular housing projects. Further, this report seeks City Council approval for staff to allocate funding from the Housing Secretariat approved 2023 Capital and Operating Budgets, as well as federal and provincial sources, to previously approved RHI projects, including proponent-led projects, subject to funding availability and conditions specified by the Housing Secretariat. These authorities are required to ensure that in-flight City, Indigenous and non-profit projects, which are essential to relieving pressure on the emergency shelter system, can continue to advance despite the current challenging construction environment with rapidly escalating labour and material costs.

A whole-of-government and whole-of-community approach is needed to effectively address the housing and homelessness crisis which threatens the social, economic, and cultural growth and prosperity of Toronto, Ontario, and Canada. As outlined in Item EX9.3, new and enhanced policy, program, and financial tools are urgently needed to meet the shared housing supply and growth targets of all orders of government. This includes a commitment from the federal and provincial governments to invest in the HousingTO 2020-2030 Action Plan. Investments in upstream interventions, including changes to social assistance programs to reflect the current cost of living, and increased access to health and social services, are also urgently needed to prevent more households from falling into poverty, housing precarity and homelessness.

This Information Report provides an update to an item before Planning & Housing Committee, Item PH8.11 - Federal Rapid Housing Initiative - Program Update and Phase Three Implementation. This report clarifies that one project listed in Confidential Attachment 1 to PH8.11 has now been publicly disclosed by Canada Mortgage and Housing Corporation (CMHC), and as such can be named publicly by the City. This report provides Committee and Council with information about this project.

The Planning and Housing Committee recommends that:

1.  City Council amend the City of Toronto Municipal Code, Chapter 415, Development of Land, Section 415-7 A. (6) and Section 415-7 B. (3) substantially in accordance with Attachment 1 to the report (November 13, 2023) from the City Solicitor.

2.  City Council authorize the City Solicitor to make such stylistic and technical changes to the amendments to the City of Toronto Municipal Code as may be required.

It has come to the attention of City Staff that there are questions on the interpretation of Sections 415-7 A. (6) and 415-7 B. (3). This report proposes a clarification to improve readability and accessibility of those sections. The proposed amendments will also ensure consistent interpretation and application of the sunset clause for enrollment in the Toronto Green Standard ("TGS") development charge refund program.

The Planning and Housing Committee received the item for information.

The Film Commissioner and Director of Entertainment Industries will present on November 30th an overview of the value of the film industry to Toronto in terms of jobs, economic impact, inclusion, adjacent industries, and cultural value. The presentation will also address current significant challenges, including impacts of the SAG-AFTRA / WGA strikes, the competitive landscape, and the importance of preserving employment lands.

The Planning and Housing Committee:

1. Directed the Chief Planner and Executive Director, City Planning, to continue consultation on the draft policy directions with Councillors, industry, other stakeholders, and the general public, and report back with recommended Official Plan amendments before the Province proclaims the amended Planning Act definition of "area of employment".

2. Requested the Chief Planner and Executive Director, City Planning to consider and address implementation challenges that current and future business owners face with the Official Plan amendments proposed by staff (OPA 680 and OPA 668). In particular, consider ordering the Official Plan amendments so that transition of existing uses comes into effect before the policy changes to align with the Provincial definition for areas of employment so that existing businesses can continue to use their lands and redevelop and expand those same uses.

3. Requested the Chief Planner and Executive Director, City Planning to undertake a local-based analysis of existing uses that highlights potential impacts to the businesses within the City’s Core Employment Areas and General Employment Areas, resulting from the Province’s amended Planning Act definition for ‘areas of employment’ in Bill 97, and the proposed Provincial Policy Statement, in consultation with the General Manager, Economic Development and Culture, local Business Improvement Areas, and stakeholders.

The Planning and Housing Committee recessed its public session to meet in closed session to consider the item as it pertains to litigation or potential litigation that affects the City of Toronto.

On April 6, 2023, the Province introduced new policy and legislative changes which include two key components: (1) Helping Homebuyers, Protecting Tenants Act, an Act to amend various statutes with respect to housing and development ("Bill 97"), and (2) the proposed Provincial Planning Statement ("PPS"). Bill 97 received Royal Assent on June 8, 2023.

This report presents draft policy direction to amend various employment area related policies to bring the Official Plan into alignment with the definition of "area of employment" in the Planning Act, as amended by Bill 97. The amended definition of “area of employment” will come into force on a day to be named by proclamation of the Lieutenant Governor. It is staff's understanding that the Province will bring these Planning Act changes into force on the same date that the PPS comes into effect.

The amendment to the provincial definition of "area of employment" would narrow the scope of uses from what is currently permitted in areas of employment. In particular, it would expressly exclude from the definition institutional uses and commercial uses, including retail and office uses that are not associated with manufacturing, warehousing, and research and development in connection with manufacturing. For the City's Employment Areas to continue to benefit from the current employment protection policies, land use permissions for these areas must align with the amended definition of "area of employment". Doing so will mean that the City will need to limit some of the broader Official Plan employment permissions in General Employment Areas and Core Employment Areas.

This report also provides an update on the Council direction to staff to undertake a study to consider expanding permitted uses in Employment Areas to include places of assembly, places of worship, and sports facilities on a site or area-specific basis.

The Planning and Housing Committee recommends that:

1. City Council support the Province’s proposal to return 15 parcels, totalling 2,995 hectares (7,400 acres) into the Greenbelt Plan Area.

2. City Council support the Province’s proposal in Bill 136, to bring the boundaries of the Greenbelt Plan Area into the body of the Greenbelt Act (and remove the Regulation that had previously defined the boundary).

3. City Council request that the City Clerk forward Council's decision on this item to the Ministry of Municipal Affairs and Housing following City Council's consideration of this report, as its supplementary submission to the Province on their Proposal to return land to the Greenbelt – Greenbelt Statute Law Amendment Act, 2023 and the ERO posting (019-7739).

The Planning and Housing Committee:

1. Requested the Chief Planner and Executive Director, City Planning to forward the report (November 14, 2023) from the Chief Planner and Executive Director, City Planning to the Ministry of Municipal Affairs and Housing immediately following Planning and Housing Committees meeting of November 30, 2023, as its submission to the Province on their Proposal to return land to the Greenbelt – Greenbelt Statute Law Amendment Act, 2023 and the ERO posting (019-7739).

As the region continues to experience high population growth and a growing housing affordability crisis, effective regional planning must prioritize infill development and intensification within settlement boundaries. Protection of the Greenbelt, coupled with land use planning that prioritizes compact form, complete communities, and better use of existing and planned infrastructure is a key strategy to address the dual crisis of biodiversity loss and climate change.

The Province is consulting on a proposal, posted on the Environmental Registry and presented to the Legislature in Bill 136 that includes two key elements:

·       to restore 15 parcels of land, which were removed from the Greenbelt in December 2022 (City Council had previously adopted a Staff Report in October 2023 that supported the return of these 15 parcels of land to the Greenbelt in addition to the Province's proposal at that time to return of one parcel in Ajax); and

·       to define the Greenbelt Plan Area boundaries directly into the Greenbelt Act.

A permanent Greenbelt supports the foundation for the long-term ecological integrity of the region's natural systems. A robust regional natural system supports Toronto's biodiversity and increases our resilience to the impacts of climate change. Consistent Greenbelt policies and land use certainty enables the agri-food sector to make long term agricultural investments and reduce speculation across a land base that includes the most productive agricultural land in the country. The City of Toronto has long supported the permanent protection of the Greenbelt, and regional planning policies that reduce the impacts of urban sprawl.

This report discusses the Province’s reversal on their previous decision to amend the Greenbelt Plan Area boundary to remove or redesignate 15 parcels of land totaling 2,995 hectares (7,400 acres) and outlines staff comments and recommendations related to the Province’s current consultation on their “Proposal to return lands to the Greenbelt – Greenbelt Statute Law Amendment Act, 2023” posted on the Environmental Registry of Ontario.

The comment period for this consultation is open from October 16 to November 30, 2023.

The Planning and Housing Committee recommends that:

1. City Council amend subsections 667-1 to 667-19 of the Toronto Municipal Code, Chapter 667 (Residential Rental Property Demolition and Conversion Control) in accordance with the amendments set out in Attachment 1 to the report (November 16, 2023) from the Chief Planner and Executive Director, City Planning, subject to such stylistic and technical changes as may be required.

2. City Council authorize the City Solicitor to prepare the necessary Bills for introduction to City Council to implement the above noted amendments to the Toronto Municipal Code, Chapter 667 (Residential Rental Property Demolition and Conversion Control), subject to such stylistic and technical changes as may be required.

3. City Council reiterate previous requests to the Province of Ontario to:

a. not advance a regulation for municipal rental replacement by-laws until meaningful consultation with the City and stakeholders has taken place, including consultation on all draft regulations; and

b. amend Section 111 of the City of Toronto Act to enable the City to pass a by-law to prohibit and regulate the demolition and conversion of dwelling rooms.

This report recommends that City Council amend Chapter 667 of the Toronto Municipal Code, the Residential Rental Property Demolition and Conversion Control By-law (“Chapter 667”), in response to recommendations made by the Auditor General respecting tenant access to affordable rental replacement housing based on financial need, and to improve administrative coordination with Toronto Municipal Code, Chapter 363 (Building Construction and Demolition) (“Chapter 363”) and to improve the clarity of the process for the public.

Chapter 667 prohibits the demolition or conversion of residential rental units in buildings containing six or more residential units, of which at least one is rental, without obtaining a permit from the City. This report advances proposed amendments, developed in consultation with Legal Services, which include:

· The requirement for owners of affordable rental replacement units to develop and implement an Access Plan, which includes the use of the City’s Centralized Affordable Rental Housing Access System upon operation of the system, along with income eligibility requirements;

· Streamlining the coordination efforts between Toronto Building and the City Planning with respect to the administration of different chapters of the Municipal Code; and

· Stylistic, technical and process updates to improve accuracy and clarity for the public, including changes to permitted conditions of approval for applications delegated to the Chief Planner to include tenant relocation and other assistance for impacted tenants.

The recommendations in this report build on recent staff efforts to standardize affordable rental housing eligibility requirements and to harmonize City Planning’s administration of affordable rental housing with the Housing Secretariat’s practices.

Staff recommend that City Council adopt the recommendations in this report and amend Chapter 667 in accordance with Attachment 1 to this report.

The Planning and Housing Committee:

1. Received the report (November 14, 2023) from the Chief Financial Officer and Treasurer for information.

At the December 14 and 15, 2022 meeting of City Council, Council requested the City Manager in consultation with the Toronto and Region Conservation Authority (“TRCA”) to solicit feedback from banks, insurance companies and mortgage brokers to report back on the potential of any insurance and liability issues that the City, the Toronto and Region Conservation Authority, tenants, homeowners may face from residential developments in previously Conservation Authority regulated areas that are approved by the City or the Province of Ontario.

This report has been prepared in response to the request of City Council.

The Planning and Housing committee recommends that:

1. City Council request the Chief Planner and Executive Director, City Planning to report back to Planning and Housing Committee in the second quarter of 2024 with an update on the phase two implementation of the Bill 23 amendments to the Ontario Heritage Act, including recommendations on future phases of work.

This report provides an update on the City of Toronto's phased implementation of the Province's Bill 23, the More Homes Built Faster Act, 2022, amendments to the Ontario Heritage Act (the "Act"). The amendments were proclaimed into force on January 1, 2023 and as previously reported, have immediate and long-term implications for the conservation of heritage properties in the city.

The amendments introduced accelerated timelines for listings and designations within the planning process and placed new restrictions on the maintenance and use of the Heritage Register. If subsections 27(14), (15) or 16 of the Act require the removal of a property from the Heritage Register, a five-year moratorium on re-listing properties applies in that circumstance.

During the first phase of the Bill 23 implementation, the City amended the Municipal Code and delegated new administrative authority to the Chief Planner and Executive Director, City Planning to ensure timely responses to prescribed events within the new timelines so that Council are not precluded from making informed decisions with respect to land use planning and heritage conservation. City staff also introduced process improvements to align the listing of heritage properties within the City's response to Bill 109, the development review operating model supported by Concept 2 Keys, and the new mandatory preapplication process for planning applications. These changes have allowed the City to continue to list and designate properties on the Heritage Register and respond to applications involving heritage properties within prescribed time limits.

The second phase of Bill 23 implementation will address changes to the Act that will have a long-term impact on the City's Heritage Register, such as the two-year timeline to review existing properties in the Heritage Register and the five-year moratorium on re-listing a property, if removed pursuant to subsections 27(14), (15) or (16) of the Act. These changes have significant implications for the approximately 4000 properties that are currently listed on the Heritage Register and will affect the way the City uses the Heritage Register moving forward. As part of phase two, staff have begun conducting a City-wide review of the Heritage Register and prioritization of listed properties for designation and, subject to the availability of resources, some of the listed properties will be designated by the first provincial expiry deadline, January 1, 2025.

This report provides an update on phase one implementation and describes the approach that staff are taking to implement phase two.

The Planning and Housing Committee recommends that:

1. In consideration of the objection pursuant to the Ontario Heritage Act, City Council continue to include the property at 171 Lowther Avenue on the City of Toronto's Heritage Register.

This report responds to a notice of objection received by the City of Toronto under Section 27 (7) of the Ontario Heritage Act (the "OHA") from the property owner of 171 Lowther Avenue objecting to the inclusion of the subject property on the City's Heritage Register.

Located on the south side of Lowther Avenue at the corner of Dalton Road, between Brunswick Avenue to the west and Walmer Road to the east, the property at 171 Lowther Avenue comprises a two-and-a-half-storey Queen Anne Revival style residential building constructed in 1901.

On July 19, 2023, City Council adopted the staff report TE6.32 that included the property at 171 Lowther Avenue on the City's Heritage Register.

Through Bill 108 and Bill 23, amendments were made to the OHA to establish a process whereby owners can object to a property's listing on the Heritage Register and, should they do so, a subsequent decision on the listing must be made by the municipality. Owners can object to listings at any time. Chapter 103 of the Toronto Municipal Code establishes the process for Council consideration of objections to properties included on the Heritage Register.

As a result of these new processes, City Council must be made aware of such objections on a routine basis so that they may consider the matter and render a final decision. Once Council has decided about the objection, the owner of the property must be notified of Council's decision within 90 days. Council's decision on objections to listing is final and is not subject to appeal.

In the third quarter of 2023, the City received one notice from property owners objecting to the inclusion of one property on the Heritage Register.

Following a review of the objection to listing submitted for this property, staff are of the opinion that the property 171 Lowther Avenue holds cultural heritage value. Staff recommend that Council continue to include this property on the Heritage Register.

At its meeting on November 6, 2023 the Toronto Preservation Board considered Item PB11.3 and made recommendations to City Council.

This report responds to a notice of objection received by the City of Toronto under Section 27

(7) of the Ontario Heritage Act (the "OHA") from the property owner of 171 Lowther Avenue objecting to the inclusion of the subject property on the City's Heritage Register.

Located on the south side of Lowther Avenue at the corner of Dalton Road, between Brunswick Avenue to the west and Walmer Road to the east, the property at 171 Lowther Avenue comprises a two-and-a-half-storey Queen Anne Revival style residential building constructed in 1901.

On July 19, 2023, City Council adopted the staff report TE6.32 that included the property at 171 Lowther Avenue on the City's Heritage Register.

Through Bill 108 and Bill 23, amendments were made to the Ontario Heritage Act to establish a process whereby owners can object to a property's listing on the Heritage Register and, should they do so, a subsequent decision on the listing must be made by the municipality.

Owners can object to listings at any time. Chapter 103 of the Toronto Municipal Code establishes the process for Council consideration of objections to properties included on the Heritage Register.

As a result of these new processes, City Council must be made aware of such objections on a routine basis so that they may consider the matter and render a final decision. Once Council has decided about the objection, the owner of the property must be notified of Council's decision within 90 days. Council's decision on objections to listing is final and is not subject to appeal.

In the third quarter of 2023, the City received one notice from property owners objecting to the inclusion of one property on the Heritage Register.

Following a review of the objection to listing submitted for this property, staff are of the opinion that the property 171 Lowther Avenue holds cultural heritage value. Staff recommend that Council continue to include this property on the Heritage Register.

The Planning and Housing Committee recommends that:

1.  City Council state its intention to designate the property at 119 Church Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 119 Church Street (Reasons for Designation) attached as Attachment 3 to the report (November 14, 2023) from the Chief Planner and Executive Director, City Planning.

2.  City Council state its intention to designate the property at 127 Church Street (including entrance addresses 121 and 123 Church Street, but excluding 125 Church Street) (Reasons for Designation) attached as Attachment 4 to the report (November 14, 2023) from the Chief Planner and Executive Director, City Planning.

3. City Council state its intention to designate the property at 89 Queen Street East (including entrance address 85 Queen Street East) (Reasons for Designation) attached as Attachment 5 to the report (November 14, 2023) from the Chief Planner and Executive Director, City Planning.

4.  If there are no objections to the designations, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the properties at 119 Church Street, 127 Church Street (including entrance addresses 121 and 123 Church Street), and 89 Queen Street East (including entrance address 85 Queen Street East) under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

The subject properties at 119 Church Street, 127 Church Street, and 89 Queen Street East are located on the east side of Church Street and along the south side of Queen Street East, diagonally across from the Metropolitan United Church (1870-71) and share the same block along Queen Street as the historic Robertson Brothers Confectioners industrial complex (99-123 Queen Street East). Constructed between c.1887 and c.1910, the largely intact collection of late-Victorian and Edwardian Classicist buildings reflect the evolution of the area's development, comprising a mix of residential, commercial, and industrial building typologies that are characterized by their consistent materiality, low-rise scale, massing, setback, and range of architectural styles that support and maintain the historic fine-grained, main street character of both Church Street and Queen Street East in the Garden District neighbourhood to the north. For almost 50 years, Henry's Camera operated at 119 Church Street, expanding its growing business into 127 Church Street and the storefronts at 89 Queen Street East.

The property at 89 Queen Street East, known as the Metropolitan Flats (1909), has design value as a representative example of the apartment building typology that emerged in Canada in the early-20th century and is associated with Toronto architect Frederick Henry Herbert (1866-1942).

The property at 119 Church was designed in 1909 by a leading Toronto architect, J. Francis Brown (1866-1942), and noting the 4th-storey addition by J. Francis Brown & Son Architects. 

Staff have completed the Research and Evaluation Report for the properties at 119 Church Street, 127 Church Street (including entrance addresses 121 and 123 Church Street), and 89 Queen Street East (including entrance address 85 Queen Street East) and determined that the subject properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under the criteria categories of design/physical, historical/associative, and contextual values. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

On August 4, 2022, the City received Zoning By-law Amendment and Site Plan Control applications related to the proposed redevelopment of the subject properties. On June 30, 2023, the City received a resubmission for a 61-storey mixed-use building with 691 dwelling units and 464 square metres of retail/commercial space at grade. The proposal includes the integration of the front elevation at the base podium of the buildings at 89 Queen Street East, entrance addresses 121 Church Street and 123 Church Street at 127 Church Street, along with the panelization and reconstruction of 119 Church Street and a portion of its return wall. The building located at entrance address 125 Church Street is proposed to be demolished.

The City Clerk issued a complete application notice on September 9, 2022. The property owner has provided a waiver to extend the 90-day timeline to December 31, 2023. Council must make a decision at its December 13, 2023 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application, the property must be listed on the heritage register prior to the Prescribed Event occurring in order for the City to designate the property under Section 29(1.2)1 of the Ontario Heritage Act. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

At its meeting on November 6, 2023 the Toronto Preservation Board considered Item PB11.2 and made recommendations to City Council.

This report recommends that City Council state its intention to designate the properties at 119 Church Street, 127 Church Street (including entrance addresses 121 and 123 Church Street), and 89 Queen Street East (including entrance address 85 Queen Street East) under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

The subject properties at 119 Church Street, 127 Church Street, and 89 Queen Street East are located on the east side of Church Street and along the south side of Queen Street East, diagonally across from the Metropolitan United Church (1870-71) and share the same block along Queen Street as the historic Robertson Brothers Confectioners industrial complex (99- 123 Queen Street East). Constructed between circa 1887 and circa 1910, the largely intact collection of late-Victorian and Edwardian Classicist buildings reflect the evolution of the area's development, comprising a mix of residential, commercial, and industrial building typologies that are characterized by their consistent materiality, low-rise scale, massing, setback, and range of architectural styles that support and maintain the historic fine-grained, main street character of both Church Street and Queen Street East in the Garden District neighbourhood to the north. For almost 50 years, Henry's Camera operated at 119 Church Street, expanding its growing business into 127 Church Street and the storefronts at 89 Queen Street East.

The property at 89 Queen Street East, known as the Metropolitan Flats (1909), has design value as a representative example of the apartment building typology that emerged in Canada in the early-20th century and is associated with Toronto architect Frederick Henry Herbert (1866- 1942).

The property at 119 Church was designed in 1909 by a leading Toronto architect, J. Francis Brown (1866-1942), and noting the 4th-storey addition by J. Francis Brown & Son Architects.

Staff have completed the Research and Evaluation Report for the properties at 119 Church Street, 127 Church Street (including entrance addresses 121 and 123 Church Street), and 89 Queen Street East (including entrance address 85 Queen Street East) and determined that the subject properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under the criteria categories of design / physical, historical / associative, and contextual values. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

On August 4, 2022, the City received Zoning By-law Amendment and Site Plan Control applications related to the proposed redevelopment of the subject properties. On June 30, 2023, the City received a resubmission for a 61-storey mixed-use building with 691 dwelling units and 464 square metres of retail / commercial space at grade. The proposal includes the integration of the front elevation at the base podium of the buildings at 89 Queen Street East, entrance addresses 121 Church Street and 123 Church Street at 127 Church Street, along with the panelization and reconstruction of 119 Church Street and a portion of its return wall. The building located at entrance address 125 Church Street is proposed to be demolished.

The City Clerk issued a complete application notice on September 9, 2022. The property owner has provided a waiver to extend the 90-day timeline to December 31, 2023. Council must make a decision at its December 13, 2023 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and / or Draft Plan of Subdivision Application, the property must be listed

on the heritage register prior to the Prescribed Event occurring in order for the City to designate the property under Section 29(1.2)1 of the Ontario Heritage Act. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The Planning and Housing Committee recommends that:

1.  City Council state its intention to designate the properties at 699 and 707 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 699 and 707 Yonge Street (Reasons for Designation) attached as Attachment 3, to the report (November 14, 2023) from the Chief Planner and Executive Director, City Planning.

2.  If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the properties at 699 Yonge Street (including entrance address at 701 Yonge Street) and 707 Yonge Street (including entrance addresses at 703 and 705 Yonge Street, and 5, 7, 9, 11, 13, 15 and 17 Hayden Street) under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value according to the Statement of Significance and description of Heritage Attributes found in Attachment 3.

Located on the east side of Yonge Street south of Hayden Street, the properties at

699 and 707 Yonge Street contain a 3-storey brick row building constructed in 1887. The row originally featured four commercial units divided into two pairs by a parapet firewall along the present-day property line between 699 and 707 Yonge Street.

The Brass Rail Tavern has operated at 699 Yonge Street since 1948. Both halves of the commercial row at 699 and 707 Yonge Street have been over-clad, obscuring the original brick walls underneath.  

The subject properties were listed on the Heritage Register in March 2016 and are included in the Historic Yonge Heritage Conservation District, which is currently under appeal to the Ontario Land Tribunal.

Staff have determined that the properties at 699 and 707 Yonge Street meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical and contextual values. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

In September 2022, the City received Zoning By-law Amendment and Site Plan Control applications related to the proposed redevelopment of the subject properties. The proposed development would retain and restore the 3-storey brick façade of the row building corresponding to entrances at 699-705 Yonge Street (which is currently over-clad) as part of the podium of the tower and would demolish two other structures located within the development site.

The City Clerk issued a complete application notice for the Zoning By-law Amendment on June 30, 2023. The applicant has provided a waiver to extend the 90-day timeline established under Bill 108 through February 1, 2024. At the time of this report, there is no confirmed date for a Toronto Preservation Board meeting in January 2024; therefore, City Council must make a decision at its December 13-15, 2023, meeting to ensure sufficient time is provided for the City Clerk to issue a notice of intention to designate within the prescribed timeline.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property under Section 29(1.2)1 of the Ontario Heritage Act. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

At its meeting on November 6, 2023 the Toronto Preservation Board considered Item PB11.1 and made recommendations to City Council.

This report recommends that City Council state its intention to designate the properties at 699 Yonge Street (including entrance address at 701 Yonge Street) and 707 Yonge Street (including entrance addresses at 703 and 705 Yonge Street, and 5, 7, 9, 11, 13, 15 and 17 Hayden Street) under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value according to the Statement of Significance and description of Heritage Attributes found in Attachment 3.

Located on the east side of Yonge Street south of Hayden Street, the properties at

699 and 707 Yonge Street contain a 3-storey brick row building constructed in 1887. The row originally featured four commercial units divided into two pairs by a parapet firewall along the present-day property line between 699 and 707 Yonge Street.

The Brass Rail Tavern has operated at 699 Yonge Street since 1948. Both halves of the commercial row at 699 and 707 Yonge Street have been over-clad, obscuring the original brick walls underneath.

The subject properties were listed on the Heritage Register in March 2016 and are included in the Historic Yonge Heritage Conservation District, which is currently under appeal to the Ontario Land Tribunal.

Staff have determined that the properties at 699 and 707 Yonge Street meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design / physical and contextual values. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

In September 2022, the City received Zoning By-law Amendment and Site Plan Control applications related to the proposed redevelopment of the subject properties. The proposed development would retain and restore the 3-storey brick façade of the row building corresponding to entrances at 699-705 Yonge Street (which is currently over-clad) as part of the podium of the tower and would demolish two other structures located within the development site.

The City Clerk issued a complete application notice for the Zoning By-law Amendment on June 30, 2023. The applicant has provided a waiver to extend the 90-day timeline established under Bill 108 through February 1, 2024. At the time of this report, there is no confirmed date for a Toronto Preservation Board meeting in January 2024; therefore, City Council must make a decision at its December 13-15, 2023, meeting to ensure sufficient time is provided for the City Clerk to issue a notice of intention to designate within the prescribed timeline.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and / or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property under Section 29(1.2)1 of the Ontario Heritage Act. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The Planning and Housing Committee recommends that:

1. City Council request that the Minister of Municipal Affairs and Housing enact an Enhanced Minister’s Zoning Order (EMZO) pursuant to section 47 of the Planning Act to permit a grocery store on the lands at 100 Thorncliffe Park Drive, following the displacement of the grocery store at 2 Thorncliffe Park Drive, as a result of Metrolinx’s expropriation of lands to facilitate the construction of the Ontario Line’s required  Maintenance Storage Facility (MSF).

2. City Council authorize the Chief Planner and Executive Director, City Planning, and his representative, to enter into an agreement under Section 47 (4.3) of the Planning Act with the owner(s) of the land located at 100 Thorncliffe Park Drive, and such agreement shall be registered on title to the lands to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor. Such agreements may include providing for necessary road widening and infrastructure improvements.

3. City Council authorize and direct the Chief Planner and Executive Director, City Planning, and his representative, to amend and release any registered agreement, execute any necessary undertaking(s), and other required processes to give effect to the approval of the plans and drawings for the development at 100 Thorncliffe Park Drive.

4. City Council request that the Ministry of Municipal Affairs and Housing undertake a review of the Enhanced Minister’s Zoning Order (EMZO) in two years from its issuance and if reasonable progress on the proposed development has not occurred, then the Minister of Municipal Affairs and Housing consider rescinding it after consultation with the City.

5. City Council request the Chief Building Official, Toronto Building, and their representative to work with the owner(s) of the land located at 100 Thorncliffe Park Drive to ensure they are aware of all the required plans to obtain all necessary building permits.

Iqbal Foods has been a fixture in the Thorncliffe Park and Flemingdon Park communities for more than 30 years, providing access to culturally-necessary foods that are not available elsewhere in the area. This business is also a vital part of the Halal food supply chain, providing 80% of Ontario’s supply of Halal food products that meet the strictest religious requirements.

Iqbal Foods’ long standing retail and meat processing facility at 2 Thorncliffe Park Drive has been expropriated to allow Metrolinx to build a maintenance and storage facility for the Ontario Line. Metrolinx says this location must be vacated by April 2024. Iqbal Foods has secured a new location nearby at 100 Thorncliffe Park Drive, where it has entered into a lease with the landowner.

While the current Core Employment Areas designation in the Official Plan supports Iqbal Foods’ processing facility, the retail use for the grocery store  requires an Official Plan and zoning by-law amendment. As the Municipal Comprehensive Review has now passed, the zoning can only be amended by an order of the Minister of Municipal Affairs and Housing. An Enhanced Minister’s Zoning Order would bypass the required City approvals process and allow the landowner to apply for and obtain building permits to facilitate the relocation and construction works.

The Planning and Housing Committee recommends that:

1. City Council request that the Minister of Municipal Affairs and Housing enact a Minister’s
Zoning Order (MZO) pursuant to section 47 of the Planning Act in order to permit residential and mixed use development with a minimum of 220 purpose built rental units, of which 20 to 30 percent will be affordable rental units for a period of 99 years and retail uses, and continuation of the existing place of worship and community centre uses on 65 Rexdale Boulevard.

2. City Council request that the Minister’s Zoning Order sets out that site plan approval authority remains the City’s jurisdiction and section 114 of the City of Toronto Act, 2006 shall apply to the lands described in the Minister’s Zoning Order.

3. City Council request that the Ministry of Municipal Affairs and Housing undertake a review of the Minister’s Zoning Order in two years from its issuance and if reasonable progress on the proposed development has not occurred, then the Minister consider rescinding it following consultation with the City.

65 Rexdale Blvd. has been home to the International Muslim Organization’s (IMO) mosque
since 1994. It has been used as and will remain as a place of worship by a large and committed congregation.

The City of Toronto is in the midst of a housing crisis. The City has pledged to build 285,000 homes by 2021. The IMO seeks to redevelop their site to construct a new, nine storey residential rental building with approximately 220 rental units, a new publicly accessible park and to rebuild the mosque. Twenty to thirty percent of the units will be affordable pursuant to CMHC guidelines.

This site is appropriate for a mixed use development as it is across the street from another multi-residential building and a short walk to community amenities such as Toronto Public Library’s Northern Elms branch, a pharmacy, a bank, and a variety of large-format retail stores. 65 Rexdale Blvd. is also in proximity to properties used for light industrial activity, such as logistics firms, that in other contexts could be viewed as a transition area to mixed use development.

This is a request for a Minister’s Zoning Order (MZO) to permit a mixed use development.
As such, site plan approval would continue to be required to review the proposal against functional servicing, transportation, and other technical compliance requirements. City staff held a pre-application meeting with the proponent’s representatives earlier this year. An MZO would bypass the required City approvals to permit the proposed uses on the site. Requiring site plan approval would allow City staff and the proponent to work collaboratively to identify necessary interventions to meet City requirements, including the necessary noise studies to mitigate from noise generated by Pearson International Airport.

Announcements

The Chair acknowledged that the Planning and Housing Committee was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. The Chair also acknowledged that Toronto is covered by Treaty 13 with the Mississaugas of the Credit.

Where the Members of the Planning and Housing Committee listed in the attendance for this meeting participated remotely, they were counted for quorum as permitted by Section 189(4.2) of the City of Toronto Act, 2006, and City Council's Procedures.