Item - 2022.PH30.3

The Planning and Housing Committee recommends that:

1. City Council adopt Official Plan Amendment 524 substantially in accordance with Attachment 2 to the report (December 15, 2021) from the 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 524 under Section 17 of the Planning Act for Protected Major Transit Station Areas pursuant to Section 16(15) of the Planning Act.

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

4. City Council direct the Chief Planner and Executive Director, City Planning to include capital and staffing resources in the 2023 capital budget to undertake the necessary zoning review of all Major Transit Station Areas and Protected Major Transit Station Areas following Ministerial approval. 

The Chief Planner and Executive Director, City Planning gave a presentation on Our Plan Toronto: Protected Major Transit Station Area Delineations - Downtown and City-wide Interpretation Policies - Final Report.

The Planning and Housing Committee held a statutory public meeting on January 12, 2022 and notice was given in accordance with the Planning Act.

In June 2020, City Planning initiated the Growth Plan Conformity and Municipal Comprehensive Review ("MCR") which includes the delineation of 180+ potential Major Transit Station Areas (MTSAs) to meet Provincial minimum intensification requirements. A subset of MTSAs will be identified as Protected Major Transit Station Areas (PMTSAs), where inclusionary zoning By-laws can be implemented. An equity lens is being applied to this work program that prioritizes the delineation of PMTSAs to enable the implementation of inclusionary zoning as an affordable housing tool, where market conditions could support it.

This report recommends adoption of Official Plan Amendment 524 (OPA 524) that delineates sixteen PMTSAs in the Downtown Secondary Plan area and provide interpretation policies to guide the implementation of MTSAs and PMTSAs across the City, as well as other technical amendments to integrate such matters into the Official Plan. The recommended OPA reflects feedback received through consultations on the draft delineations and policy directions since presented to Planning and Housing Committee on April 21, 2021.

The 16 PMTSA delineations included in OPA 524 address the requirements of A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) (the "Growth Plan") and Section 16(15) of the Planning Act. Approval of OPA 524 would allow for the application of the in effect inclusionary zoning framework within the delineated areas receive Ministerial approval.

The recommended Site and Area Specific Policies (SASPs) for the Downtown PMTSAs establish minimum density targets (residents and jobs per hectare) and minimum development density requirements (Floor Space Index ("FSI") or minimum number of units) that are consistent with the Minister approved Downtown Plan, and Section 16(15) of the Planning Act. They do not propose changes to maximum development permissions. The SASPs identifying and delineating the sixteen PMTSAs were developed through interpretation of the Downtown Plan policies, land use designations, and the existing development pipeline. The Minister of Municipal Affairs and Housing is the approval authority for the delineation of Protected Major Transit Stations Areas. There is no appeal of the Minister's decision.

OPA 524 for the Downtown PMTSAs introduces a new Chapter 8 to the Official Plan that would include all SASPs for MTSAs and PMTSAs across the City. The recommended Chapter 8 policies are to be read in conjunction with the other relevant policies of the Plan.

OPA 524 provides interpretation policies, additional guidance and technical Official Plan revisions to implement the PMTSAs and MTSAs included in Chapter 8. It was determined that rather than repeat each of these policies within each delineation, that they would apply to all delineations. If there is a reason to deviate from the general policies, those would be set out in each individual delineation. This will ensure a more consistent approach across the City and consistent with the structure of the Official Plan. This includes both policies and non-policy text, intended to assist in applying the Site and Area Specific Policies and reinforce the existing objectives and vision of the Official Plan.