On September 28th the City of Toronto (the “City”) Planning and Housing Committee (the “Committee”) received a draft proposal for updates to the City’s Official Plan and Zoning By-law, to allow small-scale apartment buildings (“SSABs”) and townhomes (“THs”) on all “Major Streets” on lands designated as “Neighbourhoods” in the City’s Official Plan. The changes are proposed as part of the City’s “Expanding Housing Options in Neighbourhoods” (“EHON”) program, which previously legalized laneway suites, garden suites, and multiplexes in Neighbourhoods.
Where applicable, the changes would permit SSABs and THs up to six storeys and 30 units as of right. This represents a significant change from an earlier draft of the proposal, which emphasized “walk up apartments” which are typically four storeys. Much like the recently approved multiplex bylaw, there will be no floor-space-index (“FSI”) limitations. New landscaping and access requirements will be introduced to ensure setbacks are averaged according to neighbouring buildings, and that access comes from a laneway (if one exists).
Unlike the multiplex bylaw, these changes will not be applied evenly across the City’s Neighbourhoods. These changes will be limited to lands in Neighbourhoods that abut “Major Streets” as identified on Map 3 of the City’s Official Plan. SSABs and THs will continue to be permitted as of right in parts of the City where they are already zoned and are not along Major Streets, however, those permissions are still subject to other restrictions within the zoning by-law, most notably FSI. The City, likely cognizant of the precedent that new SSABs and THs could have on parts of Neighbourhoods not abutting Major Streets, has also proposed policies to ensure the height and FSI of SSABs and THs advanced through this EHON initiative do not affect the “prevailing” building types in the interior of the Neighbourhoods that do not abut Major Streets.
Moreover, not all arterial streets within the City are identified as “Major Streets” on Map 3 of the City’s Official Plan. Accordingly, this initiative will not permit the development of new SSABs and THs on certain roads, even where some already have existing apartment buildings. Resultingly, the initiative does not extend to properties on arterial streets that could likely accommodate the additional density envisioned. This is despite the fact that walk-up apartment buildings were formerly permitted across all parts of the City before being banned in 1912 for moral reasons such as the “evil of tenements” and the emancipation of women. In short, for many the proposal does not go far enough.
The good news for developers, housing advocates and those who may want to create generational family homes is that the initiative is still a work in progress. The draft policies will undergo rapid consultation throughout October 2023. Following this, they are intended to be brought forward for approval by City Council in the first quarter of 2024.
If you have any questions, feel free to reach out. Davies Howe LLP will continue to monitor the progress of these amendments and will be here to answer any questions you may have.
