Update from Councillor Information Meetings Sept. 22nd, 2009
Many serious concerns were raised, a large proportion involving the changes permitted to built-form (including higher height limits, a new height definition and reduced setbacks). There were additional specific concerns including, for example, commercial buildings in Mixed Use areas potentially being constructed right up to the lot line of an adjacent residential home, and the loosening of certain restrictions on home occupations to permit a non-resident employee in certain instances. As a brief summary, most of the contentious items are summarized in the attachment. While City Planning Staff promised to look at them, there is no certainty they will be addressed.

After the deadline for feedback from interested parties, the staff report is to be presented to the November meeting of the Planning & Growth Management Committee.

Update from Councillor Cliff Jenkins, Sept. 14th, 2009

A disastrous side-effect of the new draft Zoning By-law could be the total destruction of the most important neighbourhood protection policy of the Toronto Official Plan. The overall implication of its adoption is that it will be used as a precedent to render ineffective the critical neighbourhood protection policy 4.1.5 of the Official Plan.

Policy 4.1.5 provides that “Development in established Neighbourhoods will respect and reinforce the existing physical character of the neighbourhood, including in particular: … (c) heights, massing, scale and dwelling type of nearby residential properties….(f) prevailing patterns of rear and side yard setbacks and landscaped open space …. No changes will be made through rezoning, minor variance, consent or other public action that are out of keeping with the physical character of the neighbourhood.”

The new draft Zoning By-law would make changes that are out of keeping with the physical character of neighbourhoods all over the City. It proposes significant changes in zoning provisions for many communities including – higher FSI and GFAs for Teddington Park, Bedford Park, Lawrence Park, Sherwood Park, Don Mills and perhaps other areas of Ward 25. Further, the new definition of height will permit higher houses and will encourage flat-roofed homes – a significant change from the prevailing peak-roof style homes.

Just four years ago, ratepayers invested a great deal of money and effort to achieve Policy 4.1.5 of the new Official Plan – and in doing so, overcame the resistance of planning staff and the disinterest of some elected officials. Why give that away now?

If the integrity of the Official Plan is to be preserved and neighbourhood protections maintained, ratepayers and Councillors have to insist that the new Zoning By-law faithfully reproduce the current zoning protections enjoyed by each community across the City. That will be inconvenient for Planning Staff and cause them more work. But the intent of the new Zoning By-law should be to serve residents and property owners, not planning staff.

BACKGROUND

The City’s Planning Division is proposing a new Zoning by-law to replace the 43 different zoning by-laws that were inherited from the pre-amalgamation cities of Toronto, North York, York, East York, Scarborough and Etobicoke. City staff have prepared a draft by-law, established a public consultation process and recommended an in-force date by the end of 2009 – all prior to releasing the actual new provisions. In doing so, they’ve highlighted some of the changes they are proposing. These include (a) a new higher standard height for homes of 10 metres; (b) a new definition of height – to the top of the roof (instead of the mid-point of the roof); (c) new formulas for front, rear and side yard setbacks; and (d) removal of permissions for new backsloping driveways city-wide.

At this time, it is difficult to predict whether the new rules will cause significant change to future residential development in Ward 25. If you have questions or require additional information, please do not hesitate to contact Councillor Jenkins office at 416-395-6408.

As an active member association of FoNTRA, the DMRI is pleased to inform its members of progress to date. FoNTRA is the Federation of North Toronto Residents Associations and CORRA (Coalition of Residents and Ratepayers Associations) is the city wide association. All these issues are important to our community, particularly the one related to development along the Arterial Roads. Don Mills Road is so identified in the Official Plan.

OMB approves City of Toronto’s Official Plan

On July 6, 2006, the Ontario Municipal Board (OMB) issued an Order, bringing the majority of the City of Toronto’s new Official Plan into effect and repealing most of the seven municipal Official Plans that the new City of Toronto inherited. The new Official Plan is the City’s road map for successful city building over the next 25 years. It sets out where and how growth will occur, and all of the necessary services and infrastructure that will accompany new development.

The Official Plan is the City’s only statutory document outside of the City of Toronto Act. All City activities and work must conform to the Plan’s policies and support its vision of providing a desirable quality of life, improved community infrastructure, a healthy environment and a strong economic foundation.

City Council approved the new Official Plan in 2002 after two years of extensive public consultations with Torontonians, who helped shaped the Plan. The Minister of Municipal Affairs and Housing subsequently approved it in 2003.

There were approximately 180 appeals of the Plan to the OMB. For the past three years, City staff met, listened and worked with appellants to resolve most of the appeals. This work resulted in agreed-upon modifications that maintain the Plan’s integrity and, in particular, strengthened its already robust neighbourhood protection policies.

There are a couple of key policy areas, such as rental housing protection and Section 37 (height and density incentives), that are still under appeal and will be heard at the OMB later this fall.

Official Plan Highlights To ensure that the City of Toronto evolves, improves and realizes its full potential in areas such as transit, land use development, and the environment, the Official Plan:

* identifies where significant new jobs and housing will be encouraged
* promotes growth that is less reliant on the private automobile
* calls for a transit-based growth strategy by directing development to areas with good transit while improving transit in major growth areas
* protects the physical character of Toronto’s low-rise neighbourhoods
* emphasizes environmentally sustainable development
* contains design policies to guide the physical form of development and public realm improvements
* seeks to ensure the social and environmental infrastructure is in place to serve Toronto’s present and future residents
* protects the city’s important employment districts, and
* protects heritage buildings and resources and preserves our natural areas and ravines.

It will be noted in the above Press release, that there were approximately 180 appeals to the OMB regarding deficiencies in the Plan originally approved by Council. Many of these appeals came from Residents Associations and were funnelled through the Federation of North Toronto Residents Associations (FoNTRA) and the Coalition of Ratepayers and Residents Associations (CoRRA) of Toronto. The DMRI is an active member of FoNTRA and has fully supported and contributed financially towards the legal cost of many of the settlements that have been achieved. We are pleased to be able to give a small summary of what has been achieved on behalf of the residents of the new City of Toronto.