The Planning and Growth Management Committee:

1.         Requested Planning staff to continue to consult with resident and ratepayer associations, interested Councillors, business and industrial associations and other key stakeholder groups, through February and March, with a view to agreeing on how to best incorporate the intent of existing zoning permissions.

2.         Requested the Chief Planner and Executive Director, City Planning, to provide a progress report on the resolution of outstanding issues to the March 8, 2010 meeting of the Planning and Growth Management Committee.

3.         Requested the Chief Planner and Executive Director, City Planning, to submit a report, outlining the proposed changes to the draft zoning by-law released in May 2009 that address the concerns raised in public forums, in written submissions and by members of City Council, and include a printed copy of the main by-law text and maps for the April 21, 2010 meeting of the Planning and Growth Management Committee.

4.         Requested the Chief Planner and Executive Director, City Planning, to submit a final report to the May 19, 2010 meeting of the Planning and Growth Management Committee, outlining any additional changes resulting from concerns raised in further written submissions or meetings with the public, stakeholders and associations.

5.         Requested Planning staff to hold a Statutory Open House on May 27, 2010 and that printed copies of the zoning by-law text and maps be made available.

6.         Directed that a Statutory Public Meeting be held on June 16, 2010 during the regularly scheduled meeting of the Planning and Growth Management Committee.

7.         Requested the Chief Planner and Executive Director, City Planning, to prepare, in consultation with local Councillors, typical development examples under zoning categories, to demonstrate the differences between the existing and proposed by-laws, and that these examples be prepared and brought forward to the April 21, 2010 meeting of the Planning and Growth Management Committee.

8.         Requested the Chief Planner and Executive Director, City Planning, to delete from the draft City-wide Zoning By-law any new chemical separation distances requirements, and bring forward draft Zoning regulations on such separation distance no earlier than the second quarter of 2011, and further, to include in the proposed new Zoning By-law provisions to prevent uses containing dangerous substances from locating near residential zones.

9.         Amended and referred the following Member Motion from City Council, to the Chief Planner and Executive Director, City Planning, for consideration and report:

a.         That City Council direct the Chief Planner and Executive Director, City Planning, through the Zoning By-law Project, in consultation with Municipal Licensing and Standards and Toronto Building, to report to the Planning and Growth Management Committee on potential amendments to the City-wide Zoning By law regarding restaurants and related uses based on the analysis done for the “Final Report - Queen Street West – Restaurant Study”, including:

-           consideration of the introduction of a City-wide definition of a Bar as well as consideration of which zones within the City that Bars should be permitted uses;

-           consideration of changes that would limit the concentration of Bars in zones where they are permitted uses, such as a cap, or a separation distance requirement; and

-           addressing a prohibition on rooftop patios and amplified outdoor music and speakers.

10.       Referred the proposed amendments contained in the communication (December 22, 2009) from A. Milliken Heisey of Papazian Heisey Myers, on behalf of the Toronto Cyclists Union, to the Chief Planner and Executive Director, City Planning, for consideration and report to the Committee.

This report responds to the requests the Committee made at its meeting held on November 4, 2009, respecting the new draft Zoning By-law. The report indicates the process and timeline for incorporating further changes into the proposed Zoning By-law. The concerns raised by residents, businesses, stakeholder groups and members of Council are continuing to be addressed especially with respect to expressing the intent of the existing zoning permissions and minimizing the issues raised related to the harmonization of zoning standards.  As a result, it is recommended that a final report, outlining the proposed changes to the draft zoning by-law, be sent to the April 21, 2010 meeting of the Committee. In addition, the report recommends that a Statutory Open House be scheduled for April 28, 2010 and a Statutory Public Meeting for May 19, 2010.

The report presents a brief, high-level review of outstanding public comments and concerns received to date. These comments and concerns will be addressed in the report to Committee scheduled for April 21, 2010. Staff will continue to consult with residents and stakeholder groups about how best to incorporate the intent of the existing by-laws. 

Particular attention has been given to the brief of Matthias Schlaepfer which raises fundamental concerns regarding the conformity of the new Zoning By-law project with the Official Plan. The brief rests on a misunderstanding of the manner in which the proposed percentage lot coverage approach is to be applied. The new Zoning By-law proposes limits on the number of stories which combined with lot coverage are designed to produce limitations on residential floor space development that are directly equivalent to those achieved through the FSI method. The two systems of control are not at odds with each other.

The Planning and Growth Management Committee recommends that:

1.         The Toronto Green Standard performance measures, as adopted by City Council at its meeting held on October 26 and 27, 2009, remain unchanged at this time.

2.         The City Policy on Green Roofs buildings owned by the City of Toronto or any of its agencies, boards, commissions or corporations not be amended for the reasons identified in the report (January 22, 2010) from the Chief Planner and Executive Director, City Planning.

This report responds to requests for additional information from the City Council meeting on October 26, 2009. Council requested that the Chief Planner and Executive Director, City Planning consider a number of amendments to the Toronto Green Standard including: requirements for in-building systems that will better facilitate the City's three-stream recycling program; moving the requirement for provision of Energy Star compliant refrigerators and dishwashers into Tier 1 of the Toronto Green Standard and requiring City and ABCCD owned buildings that are not heated or cooled to meet the same green roof standards applied to private sector buildings.

This report does not recommend any amendments to the Toronto Green Standard resulting from this report.

City Council on January 26 and 27, 2010, referred the following motion to the Planning and Growth Management Committee for consideration:

"1.       That City Council direct the Chief Planner and Executive Director, City Planning, to conduct an Urban Design Study for the intersection of Yonge Street and Eglinton Avenue within one block in all directions."

The Etobicoke York Comunity Council on January 12, 2010, referred the following motion to the Planning and Growth Management Committee for consideration:

"2.       That the Planning and Growth Management Committee request the Chief Planner and Executive Director, City Planning, to ensure that the Avenue Study planned for Weston Road between Ray Avenue and Humber Boulevard (and including Eglinton Avenue West to Black Creek Drive and Black Creek Drive from Eglinton Avenue West to Trethewey Drive), be scheduled for study in 2010."

Advising that the Toronto Transit Commission on December 16, 2009 received a report, entitled "2008 APTA Rail Audit Updates", and directed that a copy of the update be forwarded to the Planning and Growth Management Committee for information.

Forwarding a Notice advising that the Toronto Transit Commission and the City of Toronto are undertaking a study to amend portions of the alignment and construction methods of the approved Environmental Assessment (EA) for the "Spadina Subway Extension - Downsview Station to Steeles Avenue", approved by the Ministry of the Environment in October 2006. 

The Planning and Growth Management Committee requested the Chief Planner, in consultation with the Chief Building Official, the Executive Director of Municipal Licensing and Standards, the General Manager of Transportation Services, the City Solicitor and the City Clerk, to report to the June 16, 2010 Planning and Growth Management Committee meeting on the feasibility of introducing:

1.         A "Construction Impact Statement" in all rezoning and Official Plan Amendment reports from staff to Council.

2.         Mechanisms to require monitoring of construction sites to ensure compliance with the noise by-law and vibration control by-law.

3.         Options for requiring construction mitigation/management plans as part of the approval process, either through Site Plan, rezoning and/or minor variance processes.

The Planning Act of Ontario, the Ontario Building Code, the City of Toronto Act and the City's Municipal Code all provide regulations and processes that assist in managing development and construction.

Despite this regulatory framework, in many areas where significant redevelopment is underway, there are gaps in areas of jurisdiction, public notice requirements and enforcement capacity which undermine the public interest. The key areas of concern include noise, hours of work, dust and debris, access and queuing of vehicles. What might resolve these concerns is a review of the construction standards imposed on new development in particular in residential areas under intensification.

Councillor Adam Vaughan requested that Item PG34.2, entitled "Approach for Proposed Zoning Regulations for Rooming Houses", considered by the Planning and Growth Management Committee on January 6, 2010 and deferred to the next term of Council, be re-opened only insofar as to request the Chief Planner and Executive Director, City Planning, to amend the existing provisions respecting rooming houses in the former City of Toronto Zoning By-law, which are to be included in the New Zoning By-law, to include Fraternity and Sorority Houses as housing types to be regulated and licensed.