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Development Permit System

A new land use planning system

on 20 June 2014

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Transcript of Development Permit System

Where a development permit By-law has been enacted, Council may delegate its authority with respect to O.Reg. 608/06,
s. 10(8) respecting development permit applications
paragraph 7 of s. 4(5) respecting the entering of development permit agreements
to the
Chief Planner
and Executive Director, City Planning

design by Dóri Sirály for Prezi
for planning approvals
Ontario Regulation 608/06

allows all local municipalities
to use the DPS and
sets minimum requirements
What is it?

- focuses 3rd party appeals at
of process (creation of the DP by-law)

- allows decisions to be

- replaces
section 37
in the development permit area

- applies
broader definition "development"
- include tree cutting & site alteration

- deal with development
, not site by site

- provide greater
in the requirements for development
DPS: the features
A new land use
planning system

application and approval process
3 Stage Process to Establishing a DPS
Stage 1: Building the DPS Foundation
Stage 2: Building the DPS Framework
Stage 3: Work Within the DPS
Amend the
Official Plan
to identify the DPS area, vision and goals for the area, and policy requirements for how the system will work
Pass a by-law
which includes:
- list of permitted uses and standards
- discretionary uses
- permitted variation from development standards
- approval conditions

Essentially a comprehensive rezoning of an area

Use the DPS to
issue development permits
on a
site-by-site basis
, within the framework
(the DPS by-law)
Once the DPS is established and in effect,
only the applicant has the right of appeal to the OMB
in respect of development permit applications

Can appeal to the OMB from failure to decide (
45 days from application
) or from decision (
20 days from decision

OMB can make any decision council (or delegate) could have made (refuse, approve, approve with conditions)

Only way to change the rules is to
amend the DPS bylaw
>> Requiring community and stakeholder consultation, studies of the area, and a full vote of council - zoning by-law amendment process "plus"
Section 37 process
would not apply
to an area govered by a DPS by-law

The DPS by-law will allow for some variation over the baseline height and density

No amendments over and above that specified variation.

Qualify for variation through satisfying certain criteria, such as $ for facilities, landscape design ("community benefits")

No exchange of approvals
for increased height or density with facilities, matters or services,
where by-law establishes
proportional relationship
between quantity/ $ value of facilities and the height / density that may be approved -
not ad hoc
April 10, 2014
: Planning and Growth Management Committee to consider the March 26, 2014 staff report on the results of the stakeholder consultation, revised recommendations and suggested criteria for determining areas that will be considered for implementation of a DPS by-law (in the OP).
June 9, 2014
: Statutory Open House.
June 19, 2014
: Planning and Growth Management Committee Statutory Public meeting to consider the final Official Plan Amendment for the implementation of a DPS.
July 8 and 9, 2014
: City Council consideration of the new DPS Official Plan policies.
20 day statutory appeal period applies!

Developing under the new DPS

Areas of growth with
Secondary Plans
or where background studies have been completed supporting a vision for the area;

Areas of growth where there is
intense development pressure

Major roads
designated as
Mixed Use Areas
; and

Stable residential neighbourhoods
(which might have a less onerous review process).

Toronto Draft OP: DPS Area Criteria
The Planning and Growth
Management Committee:
Directed use of proposed OPA at June 9, 2014 open house.

Asked for report on how
Community Planning Boards
may be included in the implementation of DPS.

Asked that final report lay out a
strategy to ensure staff are fully resourced
, including outside counsel and expert witnesses as necessary, to defend DP by-laws, once they are adopted.

Asked that final report including proposed OPA be submitted to statutory Public Meeting of PGM Committee on June 19, 2014.

Asked for
report listing the areas of the City
suitable for initial implementation of the DPS based on criteria in the March 26, 2014 report.
Image and Character
Architectural Style

Broad statement
Goals and Objectives
Protect character
Improve public realm
Establish sub-areas
Set out specifics
What uses
Setbacks, heights
Development Permit By-law
set out / define
min / max
internal review
to permits, agreements and existing SPAs
of approval
scope of delegated authority
exempt portables existing Jan 1, 2007

Main Street North
Draft DPS By-law
Part 3:Vision and Policies
Development Policies
Firmer guidelines
Streetscape and Public Realm
Open Spaces
Building Design and Location
Site Design
Site Servicing
Heritage Resources
Part 4: Development Regulations
Permissions, requirements and restrictions for the "districts" (zones).

Uses, site development standards, landscaping and streetscape standards, built form design standards, sustainable development requirements, access.

Identify where variances permitted, references some criteria.
Chapter 1: General Provisions
Draft DPS By-law
Main Street North
application within planning regime, administration

establishes when permits required (ie building extension)
includes removal of vegetation / grade alteration

sets out types of conditions to issuance of permit
follow from O.Reg. 608/06 and the OPA
includes provide specialized facilities / services in exchange for additional height / density
the area specific by-law will have to give details on how this will work (proportion relationship)

rest = standard zoning framework
"City-wide baseline for development permit areas"
The "secondary plan"
Draft DPS By-law
Main Street North
The "area-specific zoning & high-level site plan"
Official Plan Amendment
Draft Official Plan Amendment
Procedural policies which allow for the enactment of a development permit by-law in areas of the City selected by Council
establish a comprehensive planning framework


alternative land use regualtory framework

what the by-law will set out (types of
for evaluating proposed use or development)


what is required to amend the DPS by-law (i.e. planning rationale)

Complete Applications:
submission requirements of a development permit application and application to amend the DPS by-law

Council may delegate decision making authority to a Committee or an employee of the City

Types of conditions which may be imposed, including the provision of community benefits in exchange for height and density that is sought (types of
community benefits
also included)
Draft Official Plan Amendment
Types of criteria in a Development permit by-law may evaluate the use and development of land in terms of:

a) the
built environmen
t, such as, patterns of streets and blocks, the mix and location of land uses, the public realm, built form, and heritage resources;

b) the
human environment
, such as, housing, community and recreation services and facilities, parks and open spaces;

c) protection, restoration and enhancement of the
natural environment

d) Toronto's
health, competiveness and

and municipal
and servicing; and

f) the appropriate
of development to address the criteria set out above.
Development Permit Evaluation Criteria
Draft Official Plan Amendment
Types of Community Benefit
The range of community benefits which may be provided in enchange for desired height and density is much greater than those permitted under section 37:
a) the conservation of heritage resources that are designated and/or listed on the City of Toronto Inventory of Heritage Properties;

b) fully furnished and equipped non-profit child care facilities, including start-up funding;

c) public art;

d) other non-profit arts, cultural, community or institutional facilities;

e) parkland, and/or park improvements;

f) public access to ravines and valleys;

g) streetscape improvements on the public boulevard not abutting the site;

h) purpose built rental housing with mid-range or affordable rents, land for affordable housing, or, cash-in-lieu of affordable rental units or land;

i) local improvements to transit facilities including rapid and surface transit and pedestrian connections to transit facilities;

j) land for other municipal purposes;

k) substantial contributions to the urban forest on public lands; and

l) other local improvements identified through Community Improvement Plans, Secondary Plans, Avenue Studies, Development permit by-laws, environmental strategies, sustainable energy strategies, the capital budget, community service and facility strategies, or other implementation plans or studies.
Part 5: Application Processing
Draft DPS By-law
Main Street North
general approval criteria:

any existing built heritage resources are retained wherever possible to provide continuity between the past and the present; meeting the Urban Design Guidelines (s. 6 of the by-law)

are permitted (refers back to Regulation Matrix set out in Part 4) and what they will be assessed against (i.e. general approval criteria, and requirements similar to the 4 tests of a minor variance)

submission requirements
based on type of proposal (i.e. new building, increase size of existing building)
Part 6: Design Guidelines
Draft DPS By-law
Main Street North
Detailed requirements for
open space, streetscape, landscape, built form, heritage, sustainability, signange and engineering
Example: Medium Density Built Form

In the case of retail frontage, the minimum setback for new Medium Density infill buildings will be 1.5 m from the property line to encourage use of retail awnings, cornicing and architectural details
DPS: the features
DPS: the features
Julia Croome, Associate

Stefanie Valente, Planner

Draft Official Plan Amendment
Draft Official Plan Amendment
Amendments to DP Bylaw
Amendments to the development standards in a development permit by-law area may be considered by Council
only after 5 years
following the initial approval of the by-law.
identify area
set scope of delegation
set goals, objectives, policies
set out types of conditions
set out types of criteria

require additional info in application
exempt any class of development from requirements
set policies - swap facilities/services/etc for height/density

any development / change in use without permit
set out / define
classes of development
set out
ranges in variation
from standards of development
set out
discretionary uses
(allowed if criteria met)
any class of development / use
set out
used in decision-making
Draft Official Plan Amendment
Complete Applications
Applications to amend development permit by-laws must include:
Completed form
Comprehensive Planning Rationale
Public Engagement and Consultation Strategy
Appropriation Plans and Drawings (to support rationale)
Topographical Survey
Massing Model
Pedestrial Level Wind Study
Sun/Shadow Study
Community Services / Facilities Study
Housing Study
Natural Heritage Impact Study (if impacts likely)
Environmental Impacts Study (if above not sufficient)
Archeological Assessment (in City database)
Heritage Impact / Conservation Strategy
Noise Impact Study
Vibration Study
Geotechnical Study (hydro review where warranted)
Servicing Capacity Review
Transportation Impact Studies
Stormwater Management Plan
District-based Energy Plan
What Toronto Planning is saying...
OP development permit system policies have no land use implications; they are procedural policies
which allow for the enactment of a development permit by-law in areas of the City selected by Council.

Notification and involvement by the public in development permit applications are not precluded
by the legislation or the policies but will likely vary from by-law to by-law... these matters can be dealt with within the by-law even in the absence of related Official Plan Policies.

Each development permit
by-law area may be subdivided
into smaller areas, even on a block-by-block basis to recognize the differences in character, built form or other city building objectives.

There is
no opportunity to receive heights and densities beyond the maximums
as is the case with Section 37.

It is possible to
mix and match the delegation authority
whereby staff may approve development permits for smaller scale development and larger scale development would go to a Committee of Council or Council.
The process of enacting the development permit by-law is the same process as a zoning by-law.
A development permit by-law is deemed a by-law passed under section 34 of the Planning Act
Full transcript