Decisions

The Planning and Housing Committee recommends that:

1. City Council adopt Official Plan Amendment 680 in accordance with Attachment 1 to the report (June 24, 2024) from the Interim Chief Planner and Executive Director, City Planning.

2. City Council direct the City Solicitor to withhold the introduction of the necessary Bills until such time as:

a. Subsection 1(1) of the Planning Act, as amended by Bill 97, has been proclaimed and is in full force and effect; and

b. Official Plan Amendment 668 is in full force and effect with the exception of any outstanding site-specific appeals.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the recommended Official Plan Amendment 680 as may be required.

4. City Council request that the Chief Planner and Executive Director, City Planning, following OPA 668 and OPA 680 coming into effect, provide as-of-right permissions for "lawfully established" uses that continue to be permitted in the Official Plan, in the appropriate zoning categories through the zoning conformity exercise as required by the Planning Act.

The Director, Strategic Initiatives Policy and Analysis, City Planning gave a presentation to the Planning and Housing Committee.

The Planning and Housing Committee held a statutory public meeting on July 11, 2024, and notice was given in accordance with the Planning Act.

This report recommends that Council adopt Official Plan Amendment 680 (OPA 680) which amends various Employment Area related policies to bring the Official Plan into alignment with the provincial definition of "area of employment" in the Planning Act, as amended by Bill 97 - Helping Homebuyers, Protecting Tenants Act. This report also concludes the Council-directed 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, given the provincial definition.

On April 6, 2023, the Province introduced the Helping Homebuyers, Protecting Tenants Act ("Bill 97"). Among many other changes, Bill 97 amends the definition of "area of employment" in the Planning Act by narrowing the scope of uses from what is currently permitted in an "area of employment". In particular, it would expressly exclude from the definition all types of institutional uses and commercial uses, except for retail and office uses that are associated with manufacturing, warehousing and research and development in connection with manufacturing.

This is the second of two reports that respond to Planning Act changes as a result of Bill 97 and the resulting official plan amendments required to implement these changes. The first report resulted in City Council adopting OPA 668 to authorize the continuation of institutional and commercial uses expressly excluded by paragraph 2 of the amended definition of "area of employment" but which allowed uses to be transitioned by provisions introduced in the Planning Act by Bill 97.

The purpose and intent of the recommended OPA 680 (together with OPA 668) is to maintain the integrity and viability of the City's finite Employment Areas, which would be at risk of destabilization should the City take no action. By aligning the Official Plan employment policies with the new definition of "area of employment" the current employment conversion policies will continue to apply, protecting the City's vital supply of employment areas.

While Bill 97 received Royal Assent on June 8, 2023, the amended definition of "area of employment" has yet to be proclaimed into force. The Province has signalled that municipalities should make timely amendments to their Official Plan to ensure that it is aligned with the amended definition so that provincial policies related to the conversion and protection of employment areas still apply.

The Planning and Housing Committee recommends that:

1. City Council adopt Official Plan Amendment 742 substantially in accordance with Attachment 1 to the report (June 24, 2024) from the Interim Chief Planner and Executive Director, City Planning.

2. City Council authorize the Chief Planner and Executive Director, City Planning to seek approval of the Minister of Municipal Affairs and Housing of Official Plan Amendment 742 under Section 26 of the Planning Act.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the recommended Official Plan Amendment 742 as may be required.

4. City Council declare by resolution to the Minister of Municipal Affairs and Housing that Official Plan Amendment 742 conforms with Provincial Plans or does not conflict with them; has regard to the matters of Provincial Interest in Section 2 of the Planning Act; and is consistent with policy statements issued under subsection 3(1) of the Planning Act.

5. City Council request that the Minister of Municipal Affairs and Housing review OPA 742 under the current in effect Provincial Policy Statement 2020 and Growth Plan for the Greater Golden Horseshoe 2020.

6. City Council declare that the Municipal Comprehensive Review (MCR) is concluded except as it pertains to:

a. Conversion Request 041 for 21 Don Roadway, 30 Booth Avenue, and 375 and 385 Eastern Avenue (East Harbour lands);

b. Conversion Request 070 for 825 Don Mills Road; and

c. 360, 388, and 400 Carlaw Avenue and 10 Dickens Street.

The Planning and Housing Committee held a statutory special public meeting on July 11, 2024, and notice was given in accordance with the Planning Act.

This report is the sixth in a series of Final Reports that provide staff recommendations on Employment Area conversion requests as part of the Municipal Comprehensive Review (MCR) of the Official Plan.

In 2023, Toronto’s Employment Areas were home to over 21,900 establishments employing nearly 398,000 people (26% of all jobs in the city). Businesses within our Employment Areas create about 27% of the City’s estimated 2021 GDP of $195.7 billion and contribute about 12% of all property taxes paid in the City (municipal and education taxes). This report also highlights the social and economic role that Employment Areas play in the health and growth of the city supporting Toronto’s diverse economic base and providing jobs with living wages for the City’s diverse labour pool.

Council authorized the commencement of the Municipal Comprehensive Review (MCR) and Growth Plan Conformity Exercise known as "Our Plan Toronto", on August 4, 2020. As part of the MCR City Planning received approximately 150 requests to convert lands designated Core Employment Areas or General Employment Areas in the Official Plan to non-employment uses, including some of which were City-initiated. 

The MCR and recommended Official Plan amendments are considered under Section 26 of the Planning Act, where the Minister of Municipal Affairs and Housing is the approval authority. The Minister’s decisions are not subject to appeal to the Ontario Land Tribunal unless the Minister refers all or part of the amendments to the Tribunal.

Through previous staff reports Council has considered final recommendations on almost all conversion requests submitted during the MCR, including 60+ requests that resulted in conversions of Employment Area lands. To implement the Council-adopted conversions, staff prepared and forwarded Official Plan Amendments (OPAs) 591, 644, 653 and 692 to the Ministry of Municipal Affairs and Housing for approval. On December 12, 2023, the Minister approved OPA 591 for 30+ Council adopted conversion requests. To date, the City has yet to receive a decision on OPAs 644, 653, and 692. OPA 683, which implements a conversion request for East Harbour, was deferred at the June 13, 2024 Planning and Housing Committee, until such time as the Chief Planner and Executive Director, City Planning reports back on further discussions with Cadillac Fairview and the Province on additional proposed changes to land use permissions at East Harbour, and by no later than the December 5, 2024 meeting of the Planning and Housing Committee and that no further notice of a special public meeting be given.

This sixth report provides final recommendations on:

• one conversion request not yet considered by Committee or Council;
• two conversion requests previously converted as part of OPA 591;
• Council declaring the MCR as concluded, with the exception of three sites/areas.

This report is to be considered at a Special Public Meeting under Section 26 of the Planning Act regarding the City's phased Official Plan and Municipal Comprehensive Reviews.

The Planning and Housing Committee recommends that:

1. City Council receive the 2023 Annual Report from the Chair of the Toronto Local Appeal Body, contained in Attachment 1 to the report (May 30, 2024) from the Director, Court Services, for information.

Enacted on May 3rd, 2017, the Toronto Local Appeal Body (TLAB) is an independent, quasi-judicial tribunal established through City of Toronto Municipal Code Chapter 142, Local Appeal Body, the City of Toronto Act, and other provincial legislation. The TLAB has all the powers of the Ontario Land Tribunal related to the hearing of appeals to Committee of Adjustment decisions for minor variance and consent applications under subsections 45(12), 53(14), 53(19) and 53(27) of the Planning Act.

The TLAB is composed of fourteen members including the Chair, Vice-Chair, and twelve Panel Members who are nominated by an impartial citizen-member nominating panel with recommendations for appointments submitted to City Council. City Council appoints Members of the TLAB for a four-year term of office.

The Planning and Housing Committee:

1. Received the report (June 20, 2024) from the Deputy City Manager, Development and Growth Services, for information.

This report responds to Planning and Housing Committee's direction requesting that staff report development review timeline metrics to Planning and Housing Committee on a quarterly basis (2023.PH6.2). Quarterly reports include the following:

a. Average timeline to complete the Pre-Application Consultation Process; 

b. Average timeline to reach a decision on a Zoning By-law Application;

c. Average timeline to reach a decision on a combined Official Plan Amendment/Zoning By-law Application; and

d. Average timeline to approve a Site Plan Application. 

In addition to a description of the metrics listed above, the report provides context on how ongoing improvements to the development review process impact application review timelines in the medium to long term.

In Q1 2024, the report (2024.PH9.2) included aggregate metrics for items b. through d., above. The Q2 2024 report (2024.PH11.5) broke these metrics out into two categories (non-Bill 109 and Bill 109 files) to highlight timeline management improvements for Bill 109 files.

On June 6, 2024, Bill 185: the Cutting Red Tape to Build More Homes Act received Royal Assent. Bill 185 removes application fee refund provisions introduced under Bill 109. However, legislated timelines for review of combined Official Plan Amendment/Zoning By-law Amendment, Zoning By-law Amendment and Site Plan Control applications remain unchanged. The Q3 2024 report includes application timeline metrics up to June 3, 2024 and continues to distinguish between non-Bill 109 and Bill 109 files.

The Planning and Housing Committee:

1. Requested that the Executive Director, Development Review, in consultation with the Chief Planner and Executive Director, City Planning, continue to undertake stakeholder consultation on potential policy amendments to address ongoing legislative changes and report back to Planning and Housing Committee by the end of the second quarter of 2025.

2. Requested that the Executive Director, Development Review, in consultation with the Chief Planner and Executive Director, City Planning, the City Clerk, and the City Solicitor, establish clear requirements for recording and publishing virtual community consultation meetings on the City of Toronto's digital platforms, including standard requirements for the collection of necessary personal information under the Municipal Freedom of Information and Protection of Privacy Act. 

3. Requested the Executive Director, Development Review to support proactive communication and early consultation with communities through the development review process by:

a. providing a Memo to Members of Council outlining current and forthcoming community consultation processes and tools available to support Councillors and the public through the development review process.

b. developing community consultation best practices for applicant use to be posted to the City’s Development Guide; and

c. prioritizing the development of tools, processes and practices that enable early, broad and automatic notification at all milestones in the development review process.

In December 2022, Council established two principles to guide implementation of Bill 109: the More Homes for Everyone Act. Changes to community consultation practices are required to address both principles:

• Continue to focus on and prioritize good city-building outcomes; and
• Mitigate risk to cost recovery of development review services. 

In January 2024, the Planning and Housing Committee requested staff to undertake city-wide public consultation to address potential policy and/or by-law changes to improve consultation practices at two points in the development review process: 1) Pre-application consultation; and 2) Community Consultation Meetings (CCM).

In April 2024, the Province introduced Bill 185: Cutting Red Tape to Build More Homes Act (Bill 185). Bill 185 removes application fee refund provisions and the authority to require by by-law, mandatory pre-application consultation before an application is submitted, while maintaining tight legislated timelines for decision-making and approval under the City of Toronto Act and the Planning Act. Relevant provisions of Bill 185 came into force and effect on June 6, 2024.

As the legislative landscape continues to shift, detailed policy recommendations to amend the Official Plan and Municipal Code are premature. Through consultation with the public, industry and Councillors, staff identified a number of near- and medium-term operating model improvements. These include, but are not limited to organizational structure, process and technology improvements that, despite legislative change, support improved community consultation practices.

The Planning and Housing Committee recommends that:

1. City Council adopt the instructions to staff as set out in Confidential Attachment 1 to the report (June 26, 2024) from the Executive Director, Housing Secretariat, for the site at 777 Victoria Park Avenue.

2. City Council direct that Confidential Attachment 1 to the report (June 26, 2024) from the Executive Director, Housing Secretariat, remain confidential in its entirety as it: outlines a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the City; and contains financial information, supplied in confidence to the City of Toronto and CreateTO, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization.

3. City Council direct the information contained in Confidential Attachment 1 to the report (June 5, 2024) from the Chief Executive Officer, CreateTO remain confidential in its entirety, as it deals with a pending disposition of land by the City of Toronto.

4. City Council request the Deputy City Manager, the Executive Director, Corporate Real Estate Management, and the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO, to secure options for off-site paid Green P public parking, with a minimum of 50 spots, that could be made available within the surrounding area to offset the loss of the existing commuter parking due to the development of affordable housing at 777 Victoria Park Avenue.
 

5. City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO, to ensure private operator parking is aligned with the above Green P parking rates; and to explore additional parking solutions that are above grade.

6. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning, and Chief Executive Office, CreateTO, to identify opportunities to make a portion of the parking at 781 Victoria Park Avenue, Dentonia Park Golf Course, available for Victoria Park Station commuter use, having consideration for the impacts on Golf Course Operations and other parks operational requirements, and report to the Planning and Housing Committee at its meeting on September 26, 2024 with updates.

The Housing Now Initiative is a signature affordable housing program in Toronto and across Canada. It is also a key housing supply program to support the City's HousingTO 2020-2030 Action Plan, Housing Action Plan 2022-2026, and City of Toronto’s Generational Transformation of Toronto’s Housing System to Urgently Build More Affordable Homes report. Through the Housing Now Initiative, City-owned lands are leveraged for the purpose of creating new mixed-use, mixed-income communities with maximized affordable housing outcomes. 

To-date, the City has identified 22 sites and committed substantial land value, capital funding and financial incentives to the program, making it one of the most significant municipal financial investments in housing underway today. There are also 4 additional pipeline sites that have been identified for pr-development due-diligence. The site at 777 Victoria Park Avenue was among the original sites included in the program.

Like many of the Housing Now Sites, 777 Victoria Park Avenue experienced project slow downs resulting from the COVID-19 pandemic, unprecedented escalation in construction costs, changes to federal and provincial housing policy, and steep increases in interest rates. As an example, construction costs have increased by over 63% (more than 20% year-over-year) since 2019, making Toronto the most expensive city in Canada to build high-rise residential.

Recently, however, shifts in Toronto’s residential market, stable interest rates, and the introduction of new inter-governmental program and policy changes have resulted in a window of opportunity for the delivery of purpose built and affordable rental homes. 

The 777 Victoria Park site will include a range of rental homes, retail and community space at grade and a new purpose-built childcare facility. Importantly the land will remain in public ownership in perpetuity. Subject to Committee of Adjustment approval, the site will deliver 705 rental homes including:

• 256 new affordable rental homes (rents at average of 80% City of Toronto’s average market rent)
• 449 new rent-controlled market homes (with annual rent increases limited at Provincial guideline+2%).

Similar to the Housing Now Initiative - 2023 Progress Update (April 13, 2023), this report makes a number of recommendations to City Council to help 'unstick' the Housing Now project at 777 Victoria Park Avenue to quickly realize a significant amount of new affordable rental homes.

At its meeting on June 19, 2024, the Board of Directors of CreateTO considered Item RA12.4 and made recommendations to City Council.

Summary from the report (June 5, 2024) from the Chief Executive Officer, CreateTO:

Following completion of the market offering process on December 10, 2019, the successful proponent executed the term sheet on April 14, 2020. On January 27, 2020, the CreateTO Board adopted Item 2020.RA10.2 and approved selection of the successful proponent partners and the term sheet. On March 8, 2021, the CreateTO Board of Directors adopted Item 2021.RA21.4 and approved negotiated agreements which included the Ground Lease, the Project Agreement, and the Contribution Agreement (the "Agreements"). The proponent selection and the negotiated agreements were approved by senior City management on April 20, 2021.

Following execution of the Agreements in November 2021 by the City and the Proponent, the Proponent has been advancing the building design and site plan application for the relocation of the TTC Pick-up and Drop-off ("PUDO"), currently located at 777 Victoria Park Avenue, to 781 Victoria Park Avenue, located immediately north of the site. During this time, several economic factors have impacted the proponent's proposal and other Phase 1 Housing Now projects. CreateTO has been working with the Housing Secretariat and the Proponent to resolve these issues to advance project schedules and the delivery of affordable housing. On May 10, 2023, City Council adopted Item 2023.PH3.6, and approved an approach to advance the Housing Now projects at 50 Wilson and 5207 Dundas Street West. A similar approach is proposed for the Phase One Housing Now site at 777 Victoria Park Avenue. The factors and an approach to resolve these issues are outlined in Confidential Attachment 1.

This report recommends that the CreateTO Board of Directors approve the approach outlined in Confidential Attachment 1, which responds to the changes in the development and financing markets over the past two years and ensures the project's viability and delivery of 256 affordable housing units.

The report also recommends that the Board of Directors of CreateTO direct the Chief Executive Officer, CreateTO to request the necessary City of Toronto authorities to execute amended Agreements and such other documents as may be necessary to finalize the arrangement with the proponent partners for 777 Victoria Park Avenue as described in Confidential Attachment 1.

Subject to approval of this report, CreateTO will collaborate with City legal to make the amendments to the Agreements and prepare for execution of the documents.

Pending minor variance and site plan approvals, the proponent's current schedule is to commence site mobilization and construction start in the first quarter of 2025

The Planning and Housing Committee recommends that:

1. City Council request that, the Minister of Municipal Affairs and Housing and the Secretary Canadian Board for Harmonized Construction Codes consult directly with the City of Toronto, including the Chief Building Official and Executive Director Toronto Building, and the Fire Chief General and Manager, Toronto Fire Services in considering any potential Ontario Building Code and/or National Building Code of Canada changes related to single means of egress in residential buildings between four and six storeys and address safety considerations for both building occupants and first responders.

2. City Council forward this report including the "Single Exit Stair: Ontario Building Code Feasibility Study" to the Minister of Municipal Affairs and Housing and the Secretary, Canadian Board for Harmonized Construction Codes, to inform the development of any specific Ontario Building Code/National Building Code of Canada proposals in this area and address safety considerations for both building occupants and first responders.

3. City Council request that the Chief Building Official and Executive Director, Toronto Building develop a public-facing guideline for building permit applicants to access the "Single Exit Stair: Ontario Building Code Feasibility Study" to assist in the preparation of alternative solution proposals under the Ontario Building Code where a single means of egress is proposed.

4. City Council request that the Chief Building Official and Executive Director, Toronto Building, in consultation with the Fire Chief and General Manager, Toronto Fire Services, and the Chief Planner and Executive Director, City Planning, report to the Planning and Housing Committee no later than the third quarter of 2025 on any proposed amendments to the Ontario Building Code and Model National Building Codes that would permit a single means of egress in multi-residential buildings up to six storeys.

5. City Council request that the Chief Building Official and Executive Director, Toronto Building, continue to engage with industry stakeholders to identify further opportunities to address Building Code-related challenges that may be impeding the design and construction of “missing middle” housing beyond land use planning policy, while addressing safety considerations for both building occupants and first responders, and to report back to the Planning and Housing Committee with recommendations no later than the third quarter of 2025.

The purpose of this report is to respond to City Council direction that the Chief Building Official and Executive Director, Toronto Building, in consultation with the Fire Chief and General Manager, Fire Services, engage a Building Code Consultant to study the feasibility of supporting a single means of exiting multi-residential buildings of up to four storeys, including additional life safety and other measures which would meet the objectives and intent of the Ontario Building Code.

Exits are a fundamental and essential component of a building's fire and life safety system. Some designers and others have advocated that the Ontario Building Code threshold for requiring a second exit stair in small multi-unit residential buildings is too high compared to other jurisdictions in North America, Europe and around the world. They suggest that a single exit staircase would support innovation in the design and construction of higher density small multi-unit buildings on constrained sites in higher density urban areas resulting in more missing middle housing.

Building regulators and emergency responders have identified that there are potential impacts on safety that need to be considered in developing Ontario Building Code changes in this area which are complex and significant. Any code changes to allow a single exit in a building need to be based on current research and take into consideration the impacts for both building occupants and first responders. Any potential changes must also provide an equivalent level of protection to that of a building having at least two means of egress, while also ensuring timely access to responding Firefighters and the deployment of the associated firefighting equipment into the building when a fire occurs.

This report provides an overview of a technical study undertaken for the City of Toronto by a third-party Building Code Consultant with expertise in fire protection engineering, to consider the feasibility of an alternative solution to the single egress issue.

As the Province of Ontario and the Canadian Board for Harmonized Construction Codes continue to consider potential changes to the provincial and national codes, the study will help provide certainty to designers and others preparing submissions to the city where a single exit is being considered and to expedite and facilitate the approval of missing middle projects in the City of Toronto. The report also contains recommendations to provide a copy of the report to the Ministry of Municipal Affairs and Housing and the Canadian Board for Harmonized Construction Codes to support research and code development in this area.

This report has been written in consultation with Toronto Fire Services and City Planning.

The Planning and Housing Committee:

1. Received the report (June 24, 2024) from the Interim Chief Planner and Executive Director, City Planning, for information.

There is a continuous stream of people entering and leaving the city annually, creating varied demand for housing of all types and tenures. The Housing Occupancy Trends bulletin examines the influence of demographic, social and market trends on housing occupancy in Toronto between 2001 and 2021. Ongoing monitoring of household occupancy trends provides background information to support the continued monitoring, review and development of Official Plan policies and can assist other Divisions within the City in the consideration of their programs.

Many of the findings reported in this bulletin are a continuation of trends reported in the previous Housing Occupancy Trend bulletin, published in 2019. Migration continues to be a primary driver of population growth. More people live in mid/high-rises units than before. More people are living alone than before and growth in non-family households is outpacing that of family households. There remains a timing mismatch between demand and supply, and a mismatch between unit size, shelter cost and the current and anticipated demand of younger households in particular. While overall these are not new trends, they are to be viewed more urgently amid the ongoing housing and homelessness crises in Toronto, further exacerbated by the increased cost of living and increased population growth.

The findings on affordability illustrate the growing disparity between housing costs and incomes. These findings are based on 2021 Census data. These are lagging indicators and affordability conditions are likely worse in 2024 due to these demographic drivers, rapid population growth and global events. For example, between 2022-2023, Toronto's population grew by 125,756 people, whereas the average annual growth between 2001 and 2021 was just over 15,500 people per year. This growth may continue due to the Federal Government targeting around 500,000 new permanent residents per year from 2024 to 2026.

In response, the City is undertaking a range of programs and policy initiatives to increase the supply of housing, including affordable and supportive housing, which aims to support those facing structural and systemic inequities to access and maintain safe, affordable and adequate housing in our city. Action across all orders of government and a whole-of-community approach are necessary to ensure a diverse housing stock in terms of size, tenure and affordability is created to meet the needs of the population, particularly in areas with existing services and transit. 

The Planning and Housing Committee:

1. Endorsed the proposed policy directions outlined in Attachment 1 to the report (June 25, 2024) from the Interim Chief Planner and Executive Director, City Planning, and request the Chief Planner and Executive Director, City Planning to report back in the fourth quarter of 2024 with final policy recommendations.

2. Requested the Chief Planner and Executive Director, City Planning to conduct an economic analysis and include results of a sensitivity analysis that tests various replacement rates and corroborates the final staff-proposed rate, in the fourth quarter of 2024 report back.

3.  Requested the Chief Planner and Executive Director, City Planning to consult on the merits of an additional policy direction to Attachment 1 to the report (June 25, 2024) from the Interim Chief Planner and Executive Director, City Planning as follows:

- Purpose built rental housing – A revised replacement policy that waives office replacement provided that the proposed development consists of 100 percent purpose built rental housing and includes 20 percent affordable rental units.

This report is the first of a two-phased approach in bringing forward Official Plan Amendments related to the City’s adopted office replacement policies. This report provides an update on the ongoing Office Space Needs Study (Office Study), which informs the described policy directions related to office replacement. City Planning and Economic Development and Culture (EDC) staff will use the proposed policy directions (Attachment 1) for the basis of stakeholder engagement prior to recommending office replacement Official Plan amendments to the Planning and Housing Committee and City Council.

Through the Office Study, staff are seeking to balance the need for new housing, including affordable housing, with Toronto’s long-term employment growth and the creation of transit-supported complete communities, while addressing the office market conditions resulting from the COVID-19 pandemic. The Office Study also considers the growing space needs for alternative employment sectors, such as retail, service commercial, cultural and entertainment-based activities, institutional uses, storage and warehousing, and life sciences that add to the City’s diverse and resilient economy.

Upon completion of the Office Study, including stakeholder engagement, staff will generate final recommendations that would amend existing Official Plan policies including those under appeal as part of Official Plan Amendment 231 (OPA 231) and policies within the Downtown Plan and Yonge-Eglinton Secondary Plan.

In the subsequent report, staff will address policy and non-policy options, including those related to office conversion, replacement requirements and incentives for alternative non-residential employment uses and affordable housing.

The Planning and Housing Committee:

1. Endorsed the proposed workplan and directed staff to report back with detailed proposals in the second quarter of 2025.

The City of Toronto, and many other jurisdictions domestically and internationally, are experiencing a housing affordability and availability crisis. Existing apartment sites in Toronto, including “tower in the park” sites, provide opportunities for contextually appropriate infill development to accommodate additional housing. However, apartment infill development is generally not permitted as-of-right through the city-wide zoning by-law. Planning approval processes for these types of development are typically required, can include multiple lengthy reviews, and are sometimes litigated through appeals at the Ontario Land Tribunal (OLT).

The Apartment Infill Study is one of 54 initiatives of the Housing Action Plan (HAP). This study is intended to accelerate the supply of housing through removing policy and zoning barriers to support the goal of achieving (or exceeding) the provincial housing target of 285,000 new homes over the next 10 years. This study seeks to advance infill housing in the city's apartment neighbourhoods through establishing best practices and developing new tools to simplify and streamline the approval process for infill housing on existing apartment sites.

This report provides an overview of the current policy and regulatory context for infill development in the city's apartment neighbourhoods, summarizes emerging development trends and best practices, identifies potential barriers, and sets out a proposed workplan to identify opportunities to streamline the approval process for infill housing.

Should Planning and Housing Committee endorse this proposed workplan, staff will undertake further analysis and focused stakeholder engagement and will report back in Q2 2025 with a proposals report outlining recommendations to advance public consultation.

The Planning and Housing Committee recommends that:

1. City Council approve the terms of the Memorandum of Understanding substantially as outlined in Confidential Attachment 1 to the report (June 5, 2024) from the Chief Executive Officer, CreateTO and:

a. direct the Chief Executive Officer, CreateTO, in consultation with the Executive Director, Corporate Real Estate Management to negotiate and finalize the Purchase Agreement, Tri-Party Development Agreement, Reciprocal Rights and Cost Sharing Agreement and such other agreements and documents as may be required in order to finalize the arrangement with Toronto Lands Corporation and Toronto District School Board; and

b. authorize the Deputy City Manager, Corporate Services, and the necessary City of Toronto authorities to execute the Purchase Agreement, Tri-Party Development Agreement, and such other agreements and documents, and take such other steps as may be required in order to finalize the arrangement with Toronto Lands Corporation and Toronto District School Board provided, they are materially in accordance with the terms of the Memorandum of Understanding.

2. City Council direct the information contained in Confidential Attachment 1 to the report (June 5, 2024) from the Chief Executive Officer, CreateTO remain confidential in its entirety, as it deals with a proposed or pending disposition of land by the City of Toronto.

The Planning and Housing Committee:

1. Requested the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Housing Secretariat, provide a supplementary report directly to City Council following a review of the terms of the Memorandum of Understanding contained within the Confidential Attachment 1 to the report (June 5, 2024) from the Chief Executive Officer, CreateTO.

At its meeting on June 19, 2024, the Board of Directors of CreateTO considered Item RA12.2 and made recommendations to City Council.

Summary from the report (June 5, 2024) from the Chief Executive Officer, CreateTO:

The purpose of this report is to inform the Board of Directors of CreateTO of the ongoing discussions between CreateTO staff and the Toronto Lands Corporation ("TLC"), on behalf of the Toronto District School Board ("TDSB"), in respect of the opportunity to incorporate a public elementary school within the Housing Now development at 770 Don Mills Road.

770 Don Mills Road (the "Site") is a Phase 1 Housing Now site located at the southwest corner of Don Mills Road and Eglinton Avenue East.  The Site is located directly adjacent to the Eglinton Crosstown LRT Science Centre station, a future Ontario Line station, as well as directly north of the Ontario Science Centre.  The Site is currently a 5.48 acre vacant surface parking lot.

The proposed mixed-use, mixed-income development for the Site consists of three towers of 37-storeys, 48-storeys and 39-storeys in height and having a total of 1,254 residential units.  It is proposed that 1/3 of the units will be affordable rental and 2/3 of the units will be market units.

There will also be a new 62-space non-profit childcare, a new public park, new public road and new retail as part of the overall development.  The TDSB elementary school will be located in the base podium of Block 2, the 39-storey residential tower (see Attachment 1).  

The Site obtained Re-zoning and Draft Plan of Subdivision approvals in June 2022 with no notice of appeal and is in full force and effect.

The TDSB elementary school was contemplated as a use early in the re-zoning process and is incorporated as part of the approved zoned lands.  As part of the Don Mills Crossing Secondary Plan, there is also a requirement for a minimum Floor Space Index (FSI) of 1.0 of non-residential uses within the base of mixed-use developments.  By incorporating the elementary school into the development at 770 Don Mills, this assists in achieving this Secondary Plan policy.   

Subject to market conditions, the Site will be taken out for a market offering to seek a development partner in Q4 2024.  Prior to bringing the Site to market, the deal terms with TLC need to be confirmed in order to provide clarity to developer proponents on what their role and responsibilities will be in delivering the elementary school as part of the overall proposed development.

Providing for an elementary school at this location meets TLC/TDSB's strategic plan goals by providing for a much-needed school in this neighbourhood and will benefit students and the surrounding community.

This partnership represents a great example of how two public agencies can work together to deliver on community benefits and achieve the goals of both organizations.  This could also be a framework for future joint partnerships between TLC and the City of Toronto, whereby schools and residential developments can be delivered creatively together on public land

The Planning and Housing Committee:

1. Referred the Item to the Executive Director, Housing Secretariat, for consideration and report back to the Planning and Housing Committee before the end of 2024.

At its meeting on June 19, 2024, the Board of Directors of CreateTO considered Item RA12.3 and made recommendations to City Council.

Summary from the report (June 5, 2024) from the Chief Executive Officer, CreateTO:

On April 6, 2022, City Council through Item 2022.EX31.10, supported the recommended portfolio strategy to optimize the city-building opportunities on the eight City-owned properties that are targeted to be unlocked through the ModernTO program and authorized CreateTO in consultation with Corporate Real Estate Management and the Housing Secretariat to: 

• undertake a market offering process for 931 Yonge Street immediately following the re-zoning of the property that, further to Council direction, prioritizes the creation of affordable ownership housing, delivery of public realm improvements and adheres to the City’s strategic investment policy as outlined in the proposed vision; and, 

• report back to the CreateTO Board with the recommended proponent for City Council approval.

CreateTO led the entitlement process to amend the Zoning By-law to permit a 32-storey mixed use building with 250 dwelling units and 150 square metres of non-residential space on the ground floor. On April 17, 2024, City Council adopted Item TE12.6; the amended by-laws were final and binding on Apr 18, 2024.

The current development statistics are outlined in Table 1.

Table 1: 931 Yonge St - Development Statistics

City priorities as per Council direction 2023.EX 9.3 Generational Transformation of Toronto's Housing System to Urgently Build More Affordable Homes have shifted. Staff in the Housing Secretariat and CreateTO have been directed to leverage City lands for purpose built rental housing that includes both affordable and rent-controlled units. As such, Management recommends offering this site on a long-term land lease basis as opposed to fee simple sale to support a 100 per cent rental development with a minimum requirement of 33 per cent affordable rental units.

The intent is to bring the Site to market in the fourth quarter of 2024 through a real estate brokerage market offering. Following the market offering process, CreateTO staff will report to the CreateTO Board on the proponent selection for endorsement and recommendation to Council. Subject to Council approval, staff will finalize the ground lease agreement and contribution agreement, collectively the ("Agreements"). The lease agreements will be executed prior to the completion of the Site Plan Control process by the proponent developer. 

The Planning and Housing Committee recommends that:

1. City Council request the Chief Planner and Executive Director, City Planning, to undertake a review of the feasibility of a Zoning By-law amendment to permit additional residential uses in buildings ancillary to residential buildings, including but not limited to group homes and residential care homes, including the identification of appropriate performance standards, and report back in the first quarter of 2025.

2. City Council request the Chief Planner and Executive Director, City Planning, to undertake a review of the feasibility of a Zoning By-law amendment to permit multi-tenant homes in buildings ancillary to residential buildings, including the identification of appropriate performance standards, and report back as part of the first annual report on the implementation of the Multi-Tenant Homes Framework in 2025.

On September 28, 2023, House of Compassion, a non-profit housing provider, submitted a minor variance application (A0862/23TEY) proposing to build a laneway suite as an expansion of a residential care home use for their property at 169, 171, and 171½ Shaw Street. On November 29, 2023, the Committee of Adjustment approved the application.

On May 10, 2024, my office shared an inquiry from House of Compassion with City Planning, providing some suggestions following their above-noted Committee of Adjustment application. The inquiry requested that staff investigate the possibility of amending the Zoning By-law to provide as-of-right permissions for other residential uses in laneway suites and/or garden suites including multi-tenant houses, group homes/residential care homes, multiplexes and co-living.

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

The Planning and Housing Committee recessed its public session to meet in closed session to consider the item as it pertains to solicitor client privilege.

4646 Dufferin Street is at the heart of the City’s Russian Jewish community in a location well placed to contribute to serving the acknowledged need of this community for a wide range of convenient healthcare facilities and seniors and affordable housing, both rental and ownership; all to be provided within the context of aging in place and continuum of care.
This medical, office and residential proposal supports the City’s housing initiatives to accelerate housing supply and improve affordability and Provincial policies promoting medical facilities closer to local communities to make access more convenient and cost effective.

The proposal aims to utilize the 6.17-acre site as follows:

• Six buildings conceived in the context of a continuum of care;

• 432,000 square feet of non-residential employment, commercial and medical uses (1,200 permanent jobs); and

• A minimum of 770 residential units, inclusive of 350 seniors units (independent serviced, assisted living and memory care) supported by a grouping of medical support personnel; and 225 market rental units (of which 20%-30% are proposed to be affordable rental units for a period of 99 years).

This is a request for a Minister’s Zoning Order (MZO) to permit this 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. Requiring site plan approval would enable City staff and the proponent to work collaboratively to resolve site specific details to ensure a successful implementation of the MZO.