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AlvinofDiaspar

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From the Post:

We need to campaign on a dull issue

Karen Stintz Commentary, National Post
Published: Thursday, May 04, 2006

At this time in the 2003 municipal campaign, Toronto had four highly credible candidates for Mayor and debates were happening seemingly every week. In early May of that year, few voters would have guessed that David Miller's rallying cry of ''no island airport bridge'' would carry the day.

Now we find ourselves facing a smaller field for the office of Mayor and one wonders what the next ''wedge'' issue may be. Again, few voters would say city planning is the issue to watch, but it would certainly be an interesting mayoralty race to watch if it was.

If we are so fortunate, the challenge to the mayoralty candidates will not just be to articulate their position, but also to do so in a way that lays out a compelling vision for our great city. Planning is not the most exciting topic for a campaign, but it is arguably one of the most critical functions that a city government can tackle.

Unfortunately, the only thing that city planners, developers and residents would agree on is that the current planning process is so dysfunctional it threatens the growth of our city and the implementation of the Official Plan.

We find ourselves with a process that actually requires developers to submit applications to the city that are well in excess of the heights and densities permitted by the zoning bylaws. If a developer submitted an application that conformed to every zoning bylaw we have on the books, the city planners would reject it outright because the application would not be high enough or dense enough.

Following the trumped-up submission is a public consultation process whereby the neighbourhood is asked what they think of the proposal. The neighbourhood usually responds that the application stinks. The neighbourhood is then informed that the Ontario Municipal Board will decide in favour of the developers anyway so the community should just be grateful there were a few benefits thrown in.

What comes next is predictable: Developers are wrongly vilified, neighbourhood associations form to fight the proposal, charges of NIMBYism fly, politicians who agree with the development are branded as dealmakers and the ones that agree with their constituents are called panderers. Cynicism continues to grow. Inevitably the neighbourhood loses and, in a way, the city as a whole loses.

This scenario replays itself constantly throughout the city.

The residents correctly ask why zoning bylaws are guidelines for height and density and not actual limits on what can be built where. Speed limits aren't guidelines, parking bylaws aren't guidelines and the smoking bylaws are certainly not guidelines. They ask themselves: ''Why are zoning bylaws any different?''

The answer is politicians have historically preferred it this way. By keeping the zoning bylaws artificially low, politicians can insert themselves into the planning process. Developers are forced to apply for a zoning change, and all zoning changes are approved by city council. When a zoning change is approved, there is a requirement for a cash dispensation in the form of a community benefit. Using developer money, politicians are able to finance initiatives such as public art, community centres and transit passes.

While there may have been a point in our city's history that this process worked, that time has most certainly passed.

The process is too unpredictable for developers and too antagonistic to residents and neighbourhoods. The rules of the game are unclear with little or no transparency.

So, a question for whoever hopes to be Mayor is just that: What will you do to help bring transparency and openness to the planning process?

The only thing standing in the way of this change is political will. Politicians would have to approve new rules and then delegate authority to planning staff. Councillors would give up their ability to influence individual applications, but we would bring a great deal of integrity to the planning process that it currently lacks.

I know neighbourhood groups and associations would be in favour of rules-based planning. I can also imagine that developers would jump for joy if the politicians were no longer involved in individual applications.

Finding the balance for flexibility within a framework will be the challenge for whoever wears the Chain of Office in 2008 and beyond.
_________________________________________________

Hmm, I wonder what Karen Stintz's position on changing the zoning by-laws in the Y+E area is, with respect to the present plan and densities?

Those who live in glass houses...

AoD
 
I thought this part was an interesting assessment:

Unfortunately, the only thing that city planners, developers and residents would agree on is that the current planning process is so dysfunctional it threatens the growth of our city and the implementation of the Official Plan.

We find ourselves with a process that actually requires developers to submit applications to the city that are well in excess of the heights and densities permitted by the zoning bylaws. If a developer submitted an application that conformed to every zoning bylaw we have on the books, the city planners would reject it outright because the application would not be high enough or dense enough.

Following the trumped-up submission is a public consultation process whereby the neighbourhood is asked what they think of the proposal. The neighbourhood usually responds that the application stinks. The neighbourhood is then informed that the Ontario Municipal Board will decide in favour of the developers anyway so the community should just be grateful there were a few benefits thrown in.

What comes next is predictable: Developers are wrongly vilified, neighbourhood associations form to fight the proposal, charges of NIMBYism fly, politicians who agree with the development are branded as dealmakers and the ones that agree with their constituents are called panderers. Cynicism continues to grow. Inevitably the neighbourhood loses and, in a way, the city as a whole loses.

This scenario replays itself constantly throughout the city.

The residents correctly ask why zoning bylaws are guidelines for height and density and not actual limits on what can be built where. Speed limits aren't guidelines, parking bylaws aren't guidelines and the smoking bylaws are certainly not guidelines. They ask themselves: ''Why are zoning bylaws any different?''

===================================

It sounds pretty accurate, but what to do about it?
 
What should happen (and is already happening in some areas) are comprehensive reviews of the existing zoning by-laws, on the premise that intensification is the desired goal. Upon the completion of the study and adoption of the new zoning bylaws, such standards should be followed. Now, is Stintz ready to accept such a process that will lead to things like increased density, traffic, need for social services and potential shadowing? It's easy for her to say the system is "broken", but I have this sick feeling she is counting on that to happen for her own sake.

The residents correctly ask why zoning bylaws are guidelines for height and density and not actual limits on what can be built where. Speed limits aren't guidelines, parking bylaws aren't guidelines and the smoking bylaws are certainly not guidelines. They ask themselves: ''Why are zoning bylaws any different?''

The difference is that speed limits, parking bylaws and smoking bylaws are very specific, and have limited impact beyond the prescibed fields. Planning is a dynamic process - nothing was meant to be set in stone, ever.

AoD
 
the zoning by-law is enforced - nothing gets built without meeting the zoning. where people get confused is that the zoning on a property is relatively easily amended if the amendment fits with the OP.
 
Here is Gary Switzer's response to her comments from today's Post:

Tell me when to 'jump for joy'

Gary Switzer
National Post


Friday, May 05, 2006


As a developer working in Toronto and responsible for such projects as 18 Yorkville (judged the ''No. 1'' residential tower ever built in Toronto by the National Post's Kelvin Browne), I am intimately acquainted with the planning process and the roles each of us plays in building a city.

The architectural success of a project often happens in spite of the odds stacked against it, whether they be lack of support from the planning department or outright antagonism from the ward councillor. It's a familiar tale where the developer just ''gives up'' and gives both the bureaucrats and politicians what they want, as banal as the results may be. I do believe that good design is worth fighting for, and I think our firm has been recognized, through awards and through media coverage, in having raised the bar architecturally in the city, through such projects as 18 Yorkville, The Hudson, The Morgan, The Saint James and X.

I had to laugh when I read Councillor Karen Stintz's article in the Post yesterday about reforming the planning process. She may be correct in describing Toronto's planning process ''as so dysfunctional it threatens the growth of our city,'' but fails to acknowledge her own role in adding to its dysfunctionality.

She argues for a new zoning bylaw that is not kept ''artificially low'' but one that is based on ''rules'' that both neighbourhood groups and developers could live with, leading to a world of no re-zonings and no political interference. She imagines that ''developers would jump for joy if politicians were no longer involved in individual applications.''

Ms. Stintz's call for ''transparency and openness'' is astoundingly hypocritical given our own experience of her involvement in planning applications.

Last year, our residential development at 700 Evans Ave., opposite Sherway Gardens, was before city council. Using Ms. Stintz's words, the existing zoning was ''artificially low,'' since it only permitted a garden centre. The Official Plan, however, did call for a major residential development on the site.

We worked for more than a year with city staff and the ward councillor to develop a proposal they could support. Ultimately, planning staff wrote a positive report recommending approval of the project.

Prior to the city council meeting, we arranged to meet with Ms. Stintz to see whether we could count on her support. The meeting was cancelled.

We were informed Ms. Stintz could not support our project, as she had already promised her negative vote to a neighbouring councillor opposed to the development. So much for judging a project on its merits and on fulfilling the objectives of the Official Plan.

In what was perhaps the most egregious example of vote-trading in recent memory, council rejected planning staff's recommendations and turned down the project (demonstrating to the province that the city could not be trusted to be totally self-governing, without an OMB. ''Babies need nannies,'' as one writer said).

At the subsequent OMB hearing, the board found that the project met the spirit, objectives and intent of the Official Plan and approved the development.

The record of Ms. Stintz in this instance shows that the dysfunctional planning process has more to do with old-style ward politics than it does with the inadequacy of the current zoning regulations.

I for one would ''jump for joy,'' as she wrote yesterday, if this type of politician ''were no longer involved in individual applications'' and a councillor's vote was based on the merit of an application, not on whether they've promised their vote to one of their colleagues on council.

Design excellence and good development would surely follow.

Gary Switzer is executive vice-president of Great Gulf Homes, winner of the Greater Toronto Homebuilders Association Builder of the Year 2006.

© National Post 2006

=========================================

This commentary troubles me deeply and I think it should trouble just about anyone that cares about the future of this city, especially regarding development and design.

The more I read about the planning process the more concerned I become about the quality of the people and processes in city council. The line "babies need nannies" seems to sum up the way many people, especially anyone involved in development, feel about the whole thing.

There is a tremendous lack of respect for city councillors and that is very troubling for the future of the city. I'm not saying they haven't earned this lack of respect, however. I'm just passing along what I've read in the past year or so.

I personally see a lot of nitpicking, pandering and personal politics but basically no vision for the direction of the city.

Should I be as worried as I am?
 
I saw this at the Community Council meeting that rejected Sapphire. Councillor McConnell rejected the proposal because Sapphire at 81 floors would be taller than Trump at 70. The fact that in actually size terms Trump is taller (due to taller floors) didn't seem to matter. How can a person entrusted to make this decision not understand something like this?
 
^^^Yeah. Stories like that are what I was referring to. Scary.
 
The fact that in actually size terms Trump is taller (due to taller floors) didn't seem to matter. How can a person entrusted to make this decision not understand something like this?
I recall this as well. However, I don't believe it was due to a lack of a basic understanding that floor heights can be different. I think she just chose to ignore that fact and said what she felt would make the public understand her position.
 

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