Development

Planning jargon can be complicated. Here is a helpful guide on terms:

Zoning By-law: The Zoning By-law monitors the day-to-day operations around a scheduled plan. It outlines the legality surrounding land-use zones.

Site plans under review: Site plans conduct an analysis of the appropriate procedures outlined for the implementation of commercial/industrial development. The Site plan audit, as a rule, centers around stopping, traffic, seepage, roadway development, signage, utilities, screening, lighting, and different parts of the proposition to land at the most ideal plan for the area.

The Ward Councillor can request that any application be “bumped-up” for a report to City Council. Usually, a Ward Councillor will make this request to provide an opportunity to consult with the local community. In this case, the community consultation meeting, also called a Site Plan Working Group, is organized and chaired by the Ward Councillor. Planning staff usually will attend the meeting as a resource.

Site Plan Working Groups provide a process that examines the design and technical aspects of a proposed development to ensure it is attractive and compatible with the surrounding area and contributes to the City's economic, social and environmental vitality. Features such as building designs, site access and servicing, waste storage, parking, loading and landscaping are reviewed.

Section 37 of the Planning Act permits the City to authorize increases in permitted height and/or density through the zoning bylaw in return for community benefits, provided that related Official Plan policies are in place. Community benefits could mean more park spaces, improved community centres and other supports for the growing neighbourhood. As Section 37 is intended to address the needs created by growth, the Planning Act requires benefits to have a reasonable geographic relationship with a proposed development. Learn more about Section 37.

Section 42 of the Planning Act is Toronto’s planning tool for acquiring new parkland is through land dedications or cash-in-lieu of parkland paid as a condition of development or redevelopment. Section 42 sets out a standard rate for parkland dedication of a maximum of 2 percent of the land area for commercial or industrial development and a maximum of 5 percent for residential development.  Section 42 also permits municipalities to set their own Alternative Parkland Dedication Rates (within limits set by the Planning Act) to enable the City to require parkland as a condition of development and redevelopment. Learn more about Section 42.

Development in the City of Toronto has changed drastically due to the following bills introduced by the Provincial Government.

Bill 23

Bill 23 or the More Homes Built Faster Act, 2022, a large omnibus bill that proposed sweeping changes to the land use planning legislation, policy pertaining to the Province's natural heritage. The Bill and its associated policies remove and weaken environmental protections and diminish the role of Ontarians in land use planning and decision-making.

Bill 23 would remove requirements for public meetings on certain planning matters. It would also remove people's right to appeal planning decisions such as zoning by-laws, minor variances and Official Plans. Communities would no longer be able to participate in, or challenge any development decisions affecting their neighbourhood, local farmland or natural areas.

It would also allow for the Minister to override municipal planning decisions and impose development.

Bill 109, More Homes for Everyone Act, 2022, received Royal Assent on April 14, 2022. Regulations have not yet been issued for this legislation. The legislative changes respond in part to the February 8, 2022 report of the provincial Housing Affordability Task Force (HATF) which included 55 recommendations to increase the supply of market housing in Ontario.

The anticipated impacts of Bill 109 are significant, as documented in a report to Council in May 2022. Over the past several months, the City of Toronto has engaged its municipal counterparts on the impacts of Bill 109 through established forums, resulting in a list of key topics for ongoing consultation with the Province. Staff will report to Council through Executive Committee outlining the policy, process, technology, and organizational tools the City is implementing in preparation for legislative change.

Current Status

In its approach to implementing the legislation, the City will continue to prioritize good city-building outcomes and mitigate risk to the cost recovery for development review services.

Transformation of the development review service will be delivered through a new team-based operating model, comprised of staff from various divisions and review partners. This enables a more coordinated and collaborative review process to reduce the administrative burden on staff and applicants, support better workflow and timeline management, and monitor data and Key Performance Indicators (KPIs). City staff will continue to work to implement legislative changes and transform the development review process as a new Development and Growth Division is established in 2023.

In addition to systemic changes, a series of early improvements, including changes to the Preliminary Report process for Official Plan Amendment and/or Zoning By-law Amendment applications, new approaches to community consultation, and testing of an improved pre-application consultation process are underway.

Background & Context

Bill 109 amends six statutes, including the Planning Act, Development Charges Act, and the City of Toronto Act, 2006. Under the Planning Act, amendments impact:

• Ministerial approval authority for Official Plan Amendments;
• The Site Plan Control process;
• Planning application fees;
• Municipal review of Community Benefits Charges by-laws;
• Parkland requirements on land designated as transit-oriented community land;
• Extensions for Plan of Subdivision approvals; and
• Ministerial authority to make certain regulations respecting surety bonds

The Bill alters local decision making with respect to the development application process and has the potential to move the decision making to the Ontario Land Tribunal. Finally, a significant impact of the legislation is the requirement for the City to refund development application fees for Official Plan Amendment/Zoning By-law Amendment, and Site Plan Control applications if prescribed timelines for approval or decision-making are not met. The legislation comes into effect on January 1, 2023 and is anticipated to have a material financial impact on the City.

Multiple additional factors not addressed in the Housing Affordability Task Force report are also contributing to Toronto’s crisis in housing affordability, in addition to the municipal role and timing of approvals in the supply of housing that are outlined in the report. These include the effects of low interest rates, investor demand, net immigration and non-resident purchasers, blind bidding practices, and the price point of new housing supply compared to affordable supply.

Since virtually all construction sites in the downtown core need to encroach on the public domain, the following conditions are placed on all construction staging area applications for all developments in Ward 13 at Community Council:

1. (if not closing the sidewalk) Construct and maintain a fully covered, protected, unobstructed, and wheelchair accessible pedestrian walkway for the entire duration of the construction staging area permit, at their sole cost.
2. (if closing the sidewalk) Procure, install, and maintain shipping container(s) (also known as sea cans) to be used as a fully covered, protected, unobstructed, and wheelchair accessible pedestrian walkway prior to, or concurrent to, any permits being issued and for the entire duration of the construction staging area permit, at their sole cost.
3. Post a 24-hour monitored construction hotline number on the construction site hoarding, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.
4. Create a publicly accessible website with regular construction updates and post the website address on the construction site hoarding, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.
5. Provide and install public art, including mural artwork, onto every elevation of the construction site hoarding with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.
6. Sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe.
7. Pressure wash the construction site and adjacent sidewalks and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe.
8. Ensure that the existing sidewalks or the proposed pedestrian walkway have proper lighting to ensure safety and visibility at all times of the day and night.
9. Mitigate light pollution by installing a shield/barrier on any lighting standards in close proximity to adjacent residential properties, such as cranes.
10. Install appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.
11. In consultation with Transportation Services, maintain any bike lanes, and install appropriate signage to inform drivers and cyclists of any changes to the cycling lanes.
12. In areas where no cycling lanes exist, in consultation with Transportation Services, install sharrow markings onto the roadway and display appropriate signage on the hoarding board to inform motorists and cyclist to safely share the road.
13. Clearly consult and communicate all construction, parking and road occupancy impacts with local business improvement areas, resident associations, and local school administration in advance of any physical road modifications.
14. Provide a sufficient number of traffic control persons as determined by the Work Zone Traffic Coordinator and Toronto Police Construction Liaison Officer, on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for pedestrians and cyclists.
15. Provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Traffic Coordinator and Toronto Police Construction Liaison Officer, during large-scale concrete pours and large-scale material deliveries to control construction vehicle access and egress to and from the site and maintain a safe environment for pedestrians and cyclists.
16. Establish a construction management working group that meets monthly and invite local stakeholders including Municipal Licensing & Standards, Toronto Buildings, adjacent neighbours, local resident groups, local BIAs, and local school administration.
17. Email monthly construction progress reports to the local Councillor, local residents’ association, and Business Improvement Area Board of Management.

*A complete Hoarding Plan is required to be submitted to my office prior to the Construction Staging Area Approval at Community Council!

Download an example of the Construction Hoarding Plan