The 2002 Official Plan is an excellent planning document. It spells out the vision for Toronto: a vibrant downtown core, a revitalized waterfront, intensification in the various centres and mid-rise buildings lining the avenues. The problem in reaching this vision is the zoning bylaws, which are not consistent with Toronto's Official Plan 11 years after it's passing. The current zoning is about 20 years old and is based on an Official Plan policies from 40 years ago. How this can be justified as acceptable I don't know. In my experience many states require zoning to be consistent with a jurisdiction's plan. The zoning bylaws absolutely should have been updated with the Official Plan's passing. I don't accept the argument that Avenue studies are a prerequisite or that there is a lack of staff. The priorities of the planning department are out of whack because zoning should have been the first thing updated. This is likely the reason why most developers can steamroll over the planning department's recommendations at the OMB. I strongly believe that Jennifer Keesmatt is a positive introduction to the planning department, and all I can go buy is her admittance that current zoning in Toronto is a hindrance towards the development of mid-rise developments and she's committed to change that.
It's no secret that the City's zoning by-laws are out of date, I'm not arguing against that. And yes the zoning by-law is to conform to the Official Plan, as per the Planning Act. The difficulty is that there is one City of Toronto OP, but many zoning by-laws in force from the pre-amalgamation days. How do you update the zoning by-laws from the former Cities of Toronto, York, North York, Etobicoke, and Scarborough and the Borough of East York to be consistent with the OP, when all of these ZBLs are not consistent with each other (and based on six different OPs)? The harmonized Zoning By-law project was started sometime around 2007 (I forget exactly when), underwent numerous public consultations, approved by Council in 2010, was subject to hundreds of appeals to the OMB, withdrawn, more revisions made, and brought back to the Planning and Growth Management Committee last year. It's now on the April 3-4 City Council agenda.
Outdated zoning is only one of the many hindrances to mid-rise development. There's also construction costs, land acquisition, and neighbourhood and Councilor objections, to name a few, just like any other development proposal. I've worked on mid-rise projects that had planning's full support and was consistent with the various policies in the OP, but the local councilors had no interest in entertaining the ideas. Avenue Studies are local area plans, if you don't prepare them, how do you determine the appropriate zoning to conform to these plans? Many mid-rises have been proposed and built following the completion of the many Avenue Studies, as well as many that have gone ahead without an Avenue Study in place.
Agreed. My issue is with outdated zoning. What is a reasonable time to update zoning so it is consistent with Toronto's Official Plan?
Under Sub-Section 26(9) of the Planning Act, municipalities have three years to bring their zoning by-laws in conformity to the official plan. As I have alluded to, it's easier said than done in the case of Toronto's many zoning by-laws.
I strongly disagree. The whole concept of planning is to get ahead of the development proposals. It doesn't work very well when planning is done after the fact.
No, I doubt anyone would have anticipate a development of this magnitude on these lands. The Ghery+Mirvish and Oxford MTCC are similarly sized mega proposals that no one was anticipating either. The difference with respect to Ghery+Mirvish is that the city went ahead and processed the application and will let the community and elected politicians have the final say. I have an issue with city staff asking a developer to hold off on an application for an unspecified period of time without it going public; Had it not leaked on UrbanToronto, this development would still be unknown. And whatever they were trying to do with Pinnacle failed miserably because they went ahead and submitted their application.
The proponents behind the G+M proposal were talking to Councilor Vaughan and the planning department for at least a year before the proposal came to light in the public and an application was made, so it was definitely anticipated. Also, just look at the numbers, it's half the size of the 1 Yonge proposal. Each proposal is also in different parts of the City with their own local context, and thusly not necessarily an apples-to-apples comparison. The G+M proposal is subject to the King-Spadina Secondary Plan area, whereas the 1 Yonge proposal is within the Central Waterfront Secondary Plan area, and within the Lower Yonge Precinct Plan that is still under review. An update to the Lower Yonge Precinct Plan can be found
here. Here is the
UT Thread. How is it unreasonable to ask the developers to hold off on their application until the Lower Yonge Precinct Plan is completed? It's clear that the City is planning
"to get ahead of the development proposals". If you read the October 2012 update report, you will also note that the City was anticipating a development application for the 1 Yonge site, and therefore completely public knowledge. All that was leaked on UT were some massing drawings showing the scale of development that Pinnacle is proposing, which wasn't much of a surprise here on UT because we were aware of how the huge purchase price of the lands was. Pinnacle is a major stakeholder and should be part of the process to determine an appropriate transition from the core to East Bayfront. With Pinnacle's application, it seems their vision for the lands is different than what the City would like see.
Nonetheless, the City will process the 1 Yonge application just the same way it will process the G+M application with the required public consultations and reviews against the policies in-force for the site and surrounding areas. The Planning department will make their recommendations and Council will then make a decision. I wouldn't be surprised if the 1 Yonge application gets appealed to the OMB based on a lack of decision by Council within the required amount of time prescribed by Planning Act. But how do you expect the elected politicians to make an informed decision when the proposal is within an area that is still under review?