Item - 2017.PG24.8

Tracking Status

PG24.8 - Zoning By-law and Zoning By-law Amendments to Permit Short-term Rentals

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 5, 6, 7 and 8, 2017, adopted the following:

 

1. City Council enact Zoning By-law amendments substantially in accordance with Attachments 1 and 2  to the report (October 19, 2017) from the Acting Chief Planner and Executive Director, City Planning, with Attachments 1 and 2 amended to require that a Secondary Suite can be used as a Short-term Rental, if it is exclusively and separately occupied as a principal residence.

 

2. City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

 

3.  City Council request the Chief Planner and Executive Director, City Planning, in consultation with appropriate City staff, provincial staff, industry and community stakeholders, to report to the Planning and Growth Management Committee in the second quarter of 2018 on a range of measures, including policy, regulatory and financial measures, that could provide incentives to facilitate the creation of additional secondary suites in Toronto.

 

4.  City Council request the General Manager, Shelter, Support and Housing Administration and the Director, the Affordable Housing Office, in consultation with the City Solicitor, to ensure that affordable housing rental developments, which have been approved by City Council, are monitored and enforcement measures are implemented to ensure the units remain in the permanent affordable rental stock for which they were developed.

City Council Decision Advice and Other Information

City Council considered Items LS23.1 and PG24.8 together.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Committee)

(October 19, 2017) Report from the Acting Chief Planner and Executive Director, City Planning on Zoning By-law and Zoning By-law Amendments to Permit Short-term Rentals
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108276.pdf
Attachment 1: Draft City-wide Stand-alone Zoning By-law to Permit Short-term Rentals
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108277.pdf
Attachment 2: Draft Zoning By-law Amendments to all Applicable General Zoning By-laws to Permit Short-term Rentals
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108278.pdf
(October 23, 2017) Corrected Notice of Public Meeting to be held by the Planning and Growth Management Committee (under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108411.pdf
(October 23, 2017) Notice of Public Meeting to be held by the Planning and Growth Management Committee (under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108410.pdf
(November 15, 2017) Presentation on Short-term Rentals
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-109120.pdf

Background Information (City Council)

(November 28, 2017) Supplementary report from the Acting Chief Planner and Executive Director, City Planning on Clarification on the proposed Zoning Permissions for Short-term Rentals in Secondary Suites (PG24.8a)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-109724.pdf

Communications (Committee)

(September 1, 2017) Submission from David Adamson, President, Highland Creek Community Association (PG.Main.PG24.8.1)
(November 10, 2017) Letter from Anne Hayes, Chair, On behalf of The Torontonian Tenants’ Association (PG.New.PG24.8.2)
(November 13, 2017) Letter from Patricia Marson Vaughan (PG.New.PG24.8.3)
(November 13, 2017) Letter from Peter Bruer, Manager, Conflict Resolution & Training St. Stephen's Community House (PG.New.PG24.8.4)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73678.pdf
(November 13, 2017) Letter from Terry Mundell, President and Chief Executive Officer, Greater Toronto Hotel Association and Tony Elenis, President and Chief Executive Officer, Ontario Restaurant Hotel & Motel Association (PG.New.PG24.8.5)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73739.pdf
(November 13, 2017) E-mail from Christopher Brown (PG.New.PG24.8.6)
(November 13, 2017) E-mail from Christopher Binney (PG.New.PG24.8.7)
(November 13, 2017) E-mail from Michelle Mawhinney (PG.New.PG24.8.8)
(November 13, 2017) E-mail from Emanuele Silli (PG.New.PG14.8.9)
(November 13, 2017) E-mail from Shelley Stillman (PG.New.PG24.8.10)
(November 14, 2017) E-mail from Teddy Ghalustians (PG.New.PG24.8.11)
(November 14, 2017) E-mail from Lesley McAllister (PG.New.PG24.8.12)
(November 14, 2017) E-mail from Claire Louise Gallagher (PG.New.PG24.8.13)
(November 15, 2017) Letter from Melissa Goldstein, Chair, Housing Action Now (PG.New.PG24.8.14)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73846.pdf
(November 14, 2017) Letter from Peter Bangarth and Melanie Tait (PG.New.PG24.8.15)
(November 14, 2017) E-mail from Gillian Wotton (PG.New.PG24.8.16)
(November 14, 2017) E-mail from Jeremy Dias, Executive Director, Canadian Centre for Gender and Sexual Diversity (PG.New.PG24.8.17)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73858.pdf
(November 14, 2017) Letter from Vincent Morra, President, Toronto Short Term Rental (TSTR) Property Management and Mark Dellamano, President and Owner, NOTL Vacation Rentals (PG.New.PG24.8.18)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73867.pdf
(November 14, 2017) E-mail from Doris Power (PG.New.PG24.8.19)
(November 14, 2017) Letter from Margarita Mendez, Executive Director, Nellie's (PG.New.PG24.8.20)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73831.pdf
(November 14, 2017) E-mail from Vicki Trottier (PG.New.PG24.8.21)
(November 14, 2017) Letter from Kenneth Hale, Director of Advocacy and Legal Services (PG.New.PG24.8.22)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73870.pdf
(November 14, 2017) Letter from Daryl Chong, President and Chief Executive Officer, Greater Toronto Apartment Association (PG.New.PG24.8.23)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73871.pdf
(November 14, 2017) E-mail from Holly Aucoin (PG.New.PG24.8.24)
(November 14, 2017) Letter from Geordie Dent, Executive Director - Federation of Metro Tenants Association (PG.New.PG24.8.25)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73836.pdf
(November 14, 2017) E-mail from Janet Coles (PG.New.PG24.8.26)
(November 14, 2017) E-mail from Jerry Raso (PG.New.PG24.8.27)
(November 14, 2017) E-mail from Brian Tyndale (PG.New.PG24.8.28)
(November 14, 2017) E-mail from Alvin Cheung (PG.New.PG24.8.29)
(November 14, 2017) Submission from Zachary Mandlowitz, President, Home-Sharing Service Providers (HSSP) (PG.New.PG24.8.30)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73886.pdf
(November 14, 2017) E-mail from Jacqueline Porter (PG.New.PG24.8.31)
(November 14, 2017) Letter from Tim Syrianos, President, Toronto Real Estate Board (PG.New.PG24.8.32)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73888.pdf
(November 15, 2017) Letter from Dominique Russell, Chair, Friends of Kensington Market (PG.New.PG24.8.33)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73889.pdf
(November 15, 2017) E-mail from John Provat (PG.New.PG24.8.34)
(November 15, 2017) Submission from Peter Thoma, Partner, Urban Metrics Inc. (PG.New.PG24.8.35)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73922.pdf
(November 15, 2017) Letter from Monika Wagner and Norman Verrall (PG.New.PG24.8.36)

Communications (City Council)

(November 15, 2017) E-mail from Mark Orr (CC.Main.PG24.8.37)
(November 15, 2017) E-mail from Chris Brown (CC.Main.PG24.8.38)
(November 15, 2017) E-mail from Katharine Matte (CC.Main.PG24.8.39)
(November 16, 2017) E-mail from Michael Lewis (CC.Main.PG24.8.40)
(November 17, 2017) E-mail from Judy Berger (CC.Main.PG24.8.41)
(November 21, 2017) E-mail from Sidra Rizvi (CC.Main.PG24.8.42)
(November 24, 2017) E-mail from Miranda Borisenko (CC.Main.PG24.8.43)
(November 27, 2017) E-mail from Michael Daley (CC.Main.PG24.8.44)
(November 16, 2017) E-mail from Mark Orr (CC.Main.PG24.8.45)
(November 30, 2017) E-mail from Mitchell Posluns (CC.New.PG24.8.46)
(November 30, 2017) E-mail from Sara Weales (CC.New.PG24.8.47)
(November 30, 2017) E-mail from Andree-Anne Forest-Voyer (CC.New.PG24.8.48)
(November 30, 2017) E-mail from Teresa Gough (CC.New.PG24.8.49)
(November 30, 2017) E-mail from Tai Moor (CC.New.PG24.8.50)
(November 30, 2017) E-mail from Krzysztof Maryan (CC.New.PG24.8.51)
(November 30, 2017) E-mail from Lorie McLaughlin (CC.New.PG24.8.52)
(November 30, 2017) E-mail from Jamal Virani (CC.New.PG24.8.53)
(November 30, 2017) E-mail from Christopher Thompson (CC.New.PG24.8.54)
(November 30, 2017) E-mail from David Hogarth (CC.New.PG24.8.55)
(November 30, 2017) E-mail from Paulo Figueiras (CC.New.PG24.8.56)
(November 30, 2017) E-mail from Dawn Bazely (CC.New.PG24.8.57)
(November 17, 2017) E-mail from Ralph MacLeod (CC.New.PG24.8.58)
(November 30, 2017) E-mail from Lisa Cain (CC.New.PG24.8.59)
(November 30, 2017) E-mail from Shane Zuchowski (CC.New.PG24.8.60)
(November 30, 2017) E-mail from Emily Mantin (CC.New.PG24.8.61)
(November 30, 2017) E-mail from Claude Babin (CC.New.PG24.8.62)
(November 30, 2017) E-mail from Alyas Ali (CC.New.PG24.8.63)
(December 1, 2017) E-mail from Valerie Lannon (CC.New.PG24.8.64)
(December 4, 2017) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (CC.New.PG24.8.65)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74354.pdf
(December 4, 2017) Letter from Susan Wankiewicz, Clinic Director, Landlord's Self-Help Centre (CC.New.PG24.8.66)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74355.pdf
(December 3, 2017) E-mail from Diane Devenyi (CC.New.PG24.8.67)
(December 4, 2017) Letter from Daryl Chong, President and Chief Executive Officer, Greater Toronto Apartment Association (CC.New.PG24.8.68)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74295.pdf
(December 5, 2017) E-mail from Matt Caissie (CC.New.PG24.8.69)
(December 5, 2017) E-mail from Darnell Moses (CC.New.PG24.8.70)
(December 4, 2017) E-mail from Doug Ewart (CC.New.PG24.8.71)
(December 5, 2017) E-mail from Liviu Cojocaru (CC.New.PG24.8.72)
(December 5, 2017) E-mail from Pulickel and Poornima Ajayan (CC.New.PG24.8.73)
(December 5, 2017) E-mail from Carrie Gervais (CC.New.PG24.8.74)
(December 5, 2017) Letter from Eileen Denny, President, Teddington Park Residents Association Inc. (CC.New.PG24.8.75)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74425.pdf
(December 5, 2017) E-mail from David Lidov (CC.New.PG24.8.76)
(December 5, 2017) E-mail from Joanne Hansen (CC.New.PG24.8.77)
(December 5, 2017) E-mail from Indra Morrison (CC.New.PG24.8.78)
(December 5, 2017) Letter from Linda McCarthy, Vice-President, Lytton Park Residents' Organization Inc. (CC.New.PG24.8.79)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74429.pdf
(December 5, 2017) E-mail from Jeff Timmons (CC.New.PG24.8.80)
(December 5, 2017) Letter from Kathleen Henderson (CC.New.PG24.8.81)
(November 16, 2017) Letter from Jennifer Graham (CC.New.PG24.8.82)
(December 5, 2017) E-mail from Sean Beckett (CC.New.PG24.8.83)
(December 5, 2017) E-mail from Brenda Lowes (CC.New.PG24.8.84)
(December 5, 2017) E-mail from Rahim Lalani (CC.New.PG24.8.85)
(December 5, 2017) E-mail from Carlos Lopes (CC.New.PG24.8.86)
(December 5, 2017) E-mail from Shannon Villeneuve-Shulman (CC.New.PG24.8.87)
(December 5, 2017) E-mail from Papia Barua (CC.New.PG24.8.88)
(December 5, 2017) E-mail from AJ Huang (CC.New.PG24.8.89)
(December 6, 2017) E-mail from Mumtaz and Amin Virani (CC.New.PG24.8.90)
(December 6, 2017) E-mail from Janis Targum (CC.New.PG24.8.91)
(December 5, 2017) E-mail from Fotini Iconomopoulos (CC.New.PG24.8.92)
(December 6, 2017) E-mail from Suzanne Anderson (CC.New.PG24.8.93)
(December 6, 2017) E-mail from Devesh Modi (CC.New.PG24.8.94)
(December 5, 2017) E-mail from Ines Pacheco (CC.New.PG24.8.95)
(December 6, 2017) Letter from Feliks and Ines Jarki (CC.New.PG24.8.96)
(December 6, 2017) E-mail from Des Narciso (CC.New.PG24.8.97)
(December 6, 2017) E-mail from Marian Mattison (CC.New.PG24.8.98)
(December 6, 2017) E-mail from Karen Teune (CC.New.PG24.8.99)
(December 6, 2017) E-mail from Catherine Van Dyke (CC.New.PG24.8.100)
(December 7, 2017) E-mail from Hanna Gry (CC.New.PG24.8.101)
(December 7, 2017) E-mail from Peter Neumann and Louise Gwyn (CC.New.PG24.8.102)
(December 7, 2017) E-mail from Sharon Tiessen (CC.New.PG24.8.103)
(December 6, 2017) E-mail from Donna and Tom Hunt (CC.New.PG24.8.104)
(December 7, 2017) E-mail from Alex Cruz (CC.New.PG24.8.105)
(December 7, 2017) E-mail from Dylan Juckes (CC.New.PG24.8.106)
(December 7, 2017) E-mail from Sharry Aiken and Miriam Kramer (CC.New.PG24.8.107)
(December 7, 2017) E-mail from Ariel Benibgui (CC.New.PG24.8.108)
(December 7, 2017) E-mail from Nikesha Trumpet (CC.New.PG24.8.109)
(December 7, 2017) E-mail from Shannon Hancocks (CC.New.PG24.8.110)
(December 7, 2017) E-mail from Christina Moro (CC.New.PG24.8.111)
(December 7, 2017) E-mail from Sean Mckay (CC.New.PG24.8.112)
(December 7, 2017) E-mail from Brenda Dalglish (CC.New.PG24.8.113)
(December 7, 2017) E-mail from Simon and Catherine (CC.New.PG24.8.114)
(December 7, 2017) E-mail from Michael Krimus (CC.New.PG24.8.115)
(December 5, 2017) E-mail from Dwyke Young (CC.New.PG24.8.116)
(December 7, 2017) E-mail from Kathleen Le Roux (CC.New.PG24.8.117)
(December 7, 2017) E-mail from Tonia Vuolo (CC.New.PG24.8.118)
(December 7, 2017) E-mail from Michelle Webb (CC.New.PG24.8.119)
(December 7, 2017) E-mail from Abigail Pugh (CC.New.PG24.8.120)
(December 7, 2017) E-mail from Ainsley (CC.New.PG24.8.121)
(December 7, 2017) E-mail from Jason Schwartz (CC.New.PG24.8.122)
(December 7, 2017) E-mail from Ananda More (CC.New.PG24.8.123)
(December 7, 2017) E-mail from Rouzbeh (CC.New.PG24.8.124)
(December 7, 2017) E-mail from Adrian Golombek (CC.New.PG24.8.125)
(December 7, 2017) E-mail from Papia Barua (CC.New.PG24.8.126)
(December 7, 2017) E-mail from Frank Yin (CC.New.PG24.8.127)
(December 7, 2017) E-mail from Julian Solis (CC.New.PG24.8.128)
(December 7, 2017) E-mail from Sue Robertson (CC.New.PG24.8.129)
(December 7, 2017) E-mail from Liane Ninja (CC.New.PG24.8.130)
(December 7, 2017) E-mail from Mandie Freire (CC.New.PG24.8.131)
(December 7, 2017) E-mail from George Filtsos (CC.New.PG24.8.132)
(December 7, 2017) E-mail from Alexis Leino (CC.New.PG24.8.133)
(December 7, 2017) E-mail from Vic S (CC.New.PG24.8.134)
(December 7, 2017) E-mail from Philippe Gauthier (CC.New.PG24.8.135)
(December 7, 2017) E-mail from Valeri Oparychev (CC.New.PG24.8.136)
(December 7, 2017) E-mail from Sylvester Nicholas (CC.New.PG24.8.137)
(December 7, 2017) E-mail from Cathy Liu (CC.New.PG24.8.138)
(December 7, 2017) E-mail from Esther Epp (CC.New.PG24.8.139)
(December 7, 2017) E-mail from Priscilla Lee (CC.New.PG24.8.140)
(December 7, 2017) E-mail from Nikola Curcin (CC.New.PG24.8.141)
(December 7, 2017) E-mail from Samaria Mazan (CC.New.PG24.8.142)
(December 7, 2017) Multiple Communications from 780 individuals. List of communications PG24.8.143 to PG24.8.923 (CC.New.PG24.8.)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74384.pdf

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Ana Bailão (Carried)

That City Council delete the Planning and Growth Management Committee Recommendations:

 

Recommendations to be deleted

 

1. City Council amend Attachments 1 and 2 to the report (October 19, 2017) from the Acting Chief Planner and Executive Director, City Planning to not allow Secondary Suites to be used as Short-term Rentals.

 

2. City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2, as amended by Recommendation 1 above, to the report (October 19, 2017) from the Acting chief Planner and Executive Director, City Planning.

 

3. City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

 

and adopt instead the following recommendations contained in the report (October 19, 2017) from the Acting Chief Planner and Executive Director, City Planning:

 

1. City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2.

 

2. City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required;

 

with Attachments 1 and 2 to be amended to require that a Secondary Suite can be used as a Short-term Rental, if it is exclusively and separately occupied as a principal residence.

Vote (Amend Item) Dec-07-2017 5:42 PM

Result: Carried Majority Required - PG24.8 - Bailao - motion 1a
Total members that voted Yes: 27 Members that voted Yes are Maria Augimeri, Ana Bailão, Jon Burnside, Shelley Carroll, Josh Colle, Joe Cressy, Janet Davis, Sarah Doucette, Paula Fletcher, Mark Grimes, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Neethan Shan, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 17 Members that voted No are Paul Ainslie, John Campbell, Christin Carmichael Greb, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Michael Ford, Mary Fragedakis, Jim Hart, Michelle Holland, Stephen Holyday, Giorgio Mammoliti, James Pasternak, Jaye Robinson, David Shiner
Total members that were Absent: 1 Members that were absent are Justin J. Di Ciano

1b - Motion to Amend Item (Additional) moved by Councillor Ana Bailão (Carried)

That City Council request the Chief Planner and Executive Director, City Planning, in consultation with appropriate City staff, provincial staff, industry and community stakeholders, to report to the Planning and Growth Management Committee in the second quarter of 2018 on a range of measures, including policy, regulatory and financial measures, that could provide incentives to facilitate the creation of additional secondary suites in Toronto.

Vote (Amend Item (Additional)) Dec-07-2017 5:45 PM

Result: Carried Majority Required - PG24.8 - Bailao - motion 1b
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mark Grimes, Jim Hart, Michelle Holland, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 9 Members that voted No are John Campbell, Christin Carmichael Greb, Vincent Crisanti, John Filion, Michael Ford, Mary Fragedakis, Stephen Holyday, Giorgio Mammoliti, David Shiner
Total members that were Absent: 1 Members that were absent are Justin J. Di Ciano

2 - Motion to Amend Item moved by Councillor Gary Crawford (Redundant)

That City Council delete the Planning and Growth Committee Recommendations:

 

Recommendations to be deleted

 

1.  City Council amend Attachments 1 and 2 to the report (October 19, 2017) from the Acting Chief Planner and Executive Director, City Planning to not allow Secondary Suites to be used as Short-term Rentals.

 

2.  City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2, as amended by Recommendation 1 above, to the report (October 19, 2017) from the Acting chief Planner and Executive Director, City Planning.

 

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

 

and adopt instead the following recommendations contained in the staff report (October 19, 2017) from the Acting Chief Planner and Executive Director, City Planning: 

 

1. City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2.

 

2. City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 2 by Councillor Crawford redundant due to Council's adoption of motion 1a by Councillor Bailão.


3 - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council request the General Manager, Shelter, Support and Housing Administration and the Director, the Affordable Housing Office, in consultation with the City Solicitor, to ensure that affordable housing rental developments, which have been approved by City Council, are monitored and enforcement measures are implemented to ensure the units remain in the permanent affordable rental stock for which they were developed.

Vote (Amend Item (Additional)) Dec-07-2017 5:45 PM

Result: Carried Majority Required - PG24.8 - Fletcher - motion 3
Total members that voted Yes: 42 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Gary Crawford, Giorgio Mammoliti
Total members that were Absent: 1 Members that were absent are Justin J. Di Ciano

4 - Motion to Amend Item (Additional) moved by Councillor Mary Fragedakis (Lost)

That in the event that motion 2a by Councillor Bailão carries that City Council prohibit the use of Secondary Suites for short-term rentals in Wards 23, 29, 39, 7, 9, 1 10, 12, 24 and 34.

Vote (Amend Item (Additional)) Dec-07-2017 5:44 PM

Result: Lost Majority Required - PG24.8 - Fragedakis - motion 4
Total members that voted Yes: 16 Members that voted Yes are Maria Augimeri, Vincent Crisanti, Frank Di Giorgio, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Anthony Perruzza, David Shiner
Total members that voted No: 28 Members that voted No are Paul Ainslie, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Jim Hart, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Justin J. Di Ciano

5 - Motion to Amend Item moved by Councillor David Shiner (Redundant)

That City Council delete the Planning and Growth Management Committee Recommendations:

 

Recommendations to be deleted

 

1.  City Council amend Attachments 1 and 2 to the report (October 19, 2017) from the Acting Chief Planner and Executive Director, City Planning to not allow Secondary Suites to be used as Short-term Rentals.

 

2.  City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2, as amended by Recommendation 1 above, to the report (October 19, 2017) from the Acting chief Planner and Executive Director, City Planning.

 

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

 

and adopt instead the following recommendations contained in the report (October 19, 2017) from the Acting Chief Planner and Executive Director, City Planning:

 

1. City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2.

 

2. City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required;

 

subject to the following rental limitation:

 

- an operator shall not be permitted to operate a secondary suite rental for more than 90 nights per calendar year.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 5 by Councillor Shiner redundant due to Council's adoption of motion 1a by Councillor Bailão.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-07-2017 5:46 PM

Result: Carried Majority Required - PG24.8 - Adopt the item as amended
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Maria Augimeri, Vincent Crisanti, John Filion, Michael Ford, Mary Fragedakis, Jim Karygiannis, Giorgio Mammoliti, David Shiner
Total members that were Absent: 1 Members that were absent are Justin J. Di Ciano

Point of Order by Councillor Mark Grimes

Councillor Grimes, rising on a Point of Order, stated that we would like to ask the City Solicitor whether Council can prohibit secondary suites for short term rentals in certain wards as is being proposed in motion 4 by Councillor Fragedakis.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and stated that she would speak to staff and advise Members of Council.

Speaker Nunziata subsequently ruled that motion 4 by Councillor Fragedakis was in order however the Acting Chief Planner and Executive Director, City Planning recommends against ward based zoning.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he would like the City Solicitor to comment, before the vote on the Item, whether Councillor Fragedakis is right and whether Councillor Bailão's motion is opening up a different interpretation for rooming houses.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and stated that Members cannot ask the Solicitor to comment as Members have already asked questions of staff and are now speaking to the Items.

Councillor Mammoliti challenged the Chair.

Speaker Nunziata ruled that there was no challenge as stating a rule of Council's Procedures is not subject to challenge.

Councillor Mammoliti challenged the Chair.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that the Speaker adhering to the Council Procedures By-law cannot be challenged.


Point of Order by Councillor David Shiner

Councillor Shiner, rising on a Point of Order, stated that it was wrong for the Speaker to comment about what staff had said and their perspective on it.  Councillor Shiner further stated that the Speaker is to rule whether something is in order or not, and not make commentary as it is not staff's decision but it is Council's decision.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he may have not been heard properly and would like to ask the City Solicitor whether Councillor Fragadakis' motion would allow rooming houses throughout the City.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Order and Privilege and ruled that the rules are in the Procedure By-law and suggested Councillor Mammoliti read it.


Point of Order by Councillor Mark Grimes

Councillor Grimes, rising on a Point of Order, stated that he would like to add Ward 6 to Councillor Fragedakis' motion 4.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that is was too late to add to the motion.

PG24.8 - Zoning By-law and Zoning By-law Amendments to Permit Short-term Rentals

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Statutory - Planning Act, RSO 1990

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.  City Council amend Attachments 1 and 2 to the report (October 19, 2017) from the Acting Chief Planner and Executive Director, City Planning to not allow Secondary Suites to be used as Short-term Rentals.

 

2.  City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2, as amended by Recommendation 1 above, to the report (October 19, 2017) from the Acting chief Planner and Executive Director, City Planning.

 

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

Decision Advice and Other Information

The Planning and Growth Management Committee:

 

1.  Requested the Acting Chief Planner and Executive Director, City Planning to report directly to City Council on December 6, 2017 if he wishes to clarify or modify any recommendations.

 

The Director, Zoning and Secretary-Treasurer, Committee of Adjustment, City Planning and the Executive Director, Municipal Licensing and Standards gave a presentation on Short-term Rentals.

 

The Planning and Growth Management Committee held a statutory public meeting on November 15, 2017, and notice was given in accordance with the Planning Act.

Origin

(October 19, 2017) Report from the Acting Chief Planner and Executive Director, City Planning

Summary

This report recommends the adoption of a city-wide stand-alone zoning by-law and zoning by-law amendments to all applicable general zoning by-laws to permit short-term rentals.  For details on the proposed short-term rental licence and registry, refer to the Short-term Rental Licensing and Registration Report to Licensing and Standards Committee on November 16, 2017.  For details on the potential hotel and short-term rental tax refer to the Short-term Rental and Hotel Tax report to Executive Committee on November 29, 2017.

 

Staff have considered the research and input received to date and weighed this information to develop balanced regulations that intend to promote consumer protection, public safety, and the economic, social and environmental health of the city. Consistent with these overarching objectives, the proposed regulations are intended to maximize the benefits of short-term rentals and minimize their negative impacts consistent with the principles in the City's Official Plan. The proposed short-term rental zoning by-law amendments are based on the following principles:

 

-   Allow people to rent their homes for short periods;
-   Minimize negative impacts on housing affordability and availability;
-   Maintain community stability, including in vertical communities;
-   Minimize nuisances, such as noise and garbage; and,
-   Enable greater diversity in tourism accommodations.

 
The proposed zoning by-law and zoning by-law amendments will permit short-term rentals across the city in the principal residence of any owner or tenant in residential and mixed use zones. Within their principal residences, people could rent: up to three rooms within a dwelling unit; the entire dwelling unit; and one lawful secondary suite. A short-term rental is not permitted in a dwelling unit that is not a principal residence. This restriction limits the ability to convert long-term housing units to accommodation for tourists.

 

In addition to policy and research, the recommendations in this report were developed based on extensive consultation. Staff sought input from the public and stakeholders through online surveys, public meetings, focus groups with short-term rental operators and users, and meetings with representatives from the short-term rental and tourism industries and community and neighborhood organizations.  Generally, there was no complete consensus from the public on how to permit short-term rentals.

 

The following City divisions were consulted in the preparation of this report: Municipal Licensing and Standards; Affordable Housing Office; Corporate Finance; Economic Development and Culture; Legal Services; Shelter, Support and Housing Administration; Social Development, Finance and Administration; Toronto Fire Services; and Toronto Building.

Background Information

(October 19, 2017) Report from the Acting Chief Planner and Executive Director, City Planning on Zoning By-law and Zoning By-law Amendments to Permit Short-term Rentals
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108276.pdf
Attachment 1: Draft City-wide Stand-alone Zoning By-law to Permit Short-term Rentals
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108277.pdf
Attachment 2: Draft Zoning By-law Amendments to all Applicable General Zoning By-laws to Permit Short-term Rentals
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108278.pdf
(October 23, 2017) Corrected Notice of Public Meeting to be held by the Planning and Growth Management Committee (under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108411.pdf
(October 23, 2017) Notice of Public Meeting to be held by the Planning and Growth Management Committee (under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-108410.pdf
(November 15, 2017) Presentation on Short-term Rentals
https://www.toronto.ca/legdocs/mmis/2017/pg/bgrd/backgroundfile-109120.pdf

Communications

(September 1, 2017) Submission from David Adamson, President, Highland Creek Community Association (PG.Main.PG24.8.1)
(November 10, 2017) Letter from Anne Hayes, Chair, On behalf of The Torontonian Tenants’ Association (PG.New.PG24.8.2)
(November 13, 2017) Letter from Patricia Marson Vaughan (PG.New.PG24.8.3)
(November 13, 2017) Letter from Peter Bruer, Manager, Conflict Resolution & Training St. Stephen's Community House (PG.New.PG24.8.4)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73678.pdf
(November 13, 2017) Letter from Terry Mundell, President and Chief Executive Officer, Greater Toronto Hotel Association and Tony Elenis, President and Chief Executive Officer, Ontario Restaurant Hotel & Motel Association (PG.New.PG24.8.5)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73739.pdf
(November 13, 2017) E-mail from Christopher Brown (PG.New.PG24.8.6)
(November 13, 2017) E-mail from Christopher Binney (PG.New.PG24.8.7)
(November 13, 2017) E-mail from Michelle Mawhinney (PG.New.PG24.8.8)
(November 13, 2017) E-mail from Emanuele Silli (PG.New.PG14.8.9)
(November 13, 2017) E-mail from Shelley Stillman (PG.New.PG24.8.10)
(November 14, 2017) E-mail from Teddy Ghalustians (PG.New.PG24.8.11)
(November 14, 2017) E-mail from Lesley McAllister (PG.New.PG24.8.12)
(November 14, 2017) E-mail from Claire Louise Gallagher (PG.New.PG24.8.13)
(November 15, 2017) Letter from Melissa Goldstein, Chair, Housing Action Now (PG.New.PG24.8.14)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73846.pdf
(November 14, 2017) Letter from Peter Bangarth and Melanie Tait (PG.New.PG24.8.15)
(November 14, 2017) E-mail from Gillian Wotton (PG.New.PG24.8.16)
(November 14, 2017) E-mail from Jeremy Dias, Executive Director, Canadian Centre for Gender and Sexual Diversity (PG.New.PG24.8.17)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73858.pdf
(November 14, 2017) Letter from Vincent Morra, President, Toronto Short Term Rental (TSTR) Property Management and Mark Dellamano, President and Owner, NOTL Vacation Rentals (PG.New.PG24.8.18)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73867.pdf
(November 14, 2017) E-mail from Doris Power (PG.New.PG24.8.19)
(November 14, 2017) Letter from Margarita Mendez, Executive Director, Nellie's (PG.New.PG24.8.20)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73831.pdf
(November 14, 2017) E-mail from Vicki Trottier (PG.New.PG24.8.21)
(November 14, 2017) Letter from Kenneth Hale, Director of Advocacy and Legal Services (PG.New.PG24.8.22)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73870.pdf
(November 14, 2017) Letter from Daryl Chong, President and Chief Executive Officer, Greater Toronto Apartment Association (PG.New.PG24.8.23)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73871.pdf
(November 14, 2017) E-mail from Holly Aucoin (PG.New.PG24.8.24)
(November 14, 2017) Letter from Geordie Dent, Executive Director - Federation of Metro Tenants Association (PG.New.PG24.8.25)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73836.pdf
(November 14, 2017) E-mail from Janet Coles (PG.New.PG24.8.26)
(November 14, 2017) E-mail from Jerry Raso (PG.New.PG24.8.27)
(November 14, 2017) E-mail from Brian Tyndale (PG.New.PG24.8.28)
(November 14, 2017) E-mail from Alvin Cheung (PG.New.PG24.8.29)
(November 14, 2017) Submission from Zachary Mandlowitz, President, Home-Sharing Service Providers (HSSP) (PG.New.PG24.8.30)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73886.pdf
(November 14, 2017) E-mail from Jacqueline Porter (PG.New.PG24.8.31)
(November 14, 2017) Letter from Tim Syrianos, President, Toronto Real Estate Board (PG.New.PG24.8.32)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73888.pdf
(November 15, 2017) Letter from Dominique Russell, Chair, Friends of Kensington Market (PG.New.PG24.8.33)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73889.pdf
(November 15, 2017) E-mail from John Provat (PG.New.PG24.8.34)
(November 15, 2017) Submission from Peter Thoma, Partner, Urban Metrics Inc. (PG.New.PG24.8.35)
https://www.toronto.ca/legdocs/mmis/2017/pg/comm/communicationfile-73922.pdf
(November 15, 2017) Letter from Monika Wagner and Norman Verrall (PG.New.PG24.8.36)

Speakers

Zach Mandlowitz, President, Home-Sharing Service Providers
Caitlin O’Neill
Ryan Killeen, Sonder
Alex Dagg, Policy Manager, Airbnb
Maria Nunes, Registered Lobbyist 32564S-1
Peter Thoma, urbanMetrics
Sophia Virani
Mason Matahet
Richard de Sam Lazaro, HomeAway Inc.
Veronica Wynne, Vice President, Swansea Area Ratepayers Association
Paul Nedoszytko
Melissa Goldstein, Chair, Housing Action Now
Thorben Wieditz
Agata Wisniowska
Carla Parkinson
Emily Rayson
John Phillips
Councillor Josh Matlow

Motions

1 - Motion to Set Committee Rule moved by Councillor Justin J. Di Ciano (Amended)

1.  That speakers who have not pre-registered be allowed to register to speak for Item PG24.8 until 12:00 p.m. on November 15, 2017 after which no further registration is allowed and the speakers list will be closed.

 

2.  That the length of public presentations be limited to 3 minutes.

 

3.  That questions of speakers by Members of Council (including Members of the Planning and Growth Management Committee) be limited to 3 minutes, with one round of questions per Member.

Vote (Set Committee Rule) Nov-15-2017 9:44 AM

Result: Carried Majority Required - Part 1 and 2 of motion 1 by Councillor Di Ciano
Total members that voted Yes: 5 Members that voted Yes are Ana Bailão, John Campbell, Justin J. Di Ciano, John Filion, David Shiner (Chair)
Total members that voted No: 1 Members that voted No are Gord Perks
Total members that were Absent: 0 Members that were absent are

Vote (Set Committee Rule) Nov-15-2017 9:45 AM

Result: Lost (tie) Majority Required - Part 3 of motion 1 by Councillor Di Ciano
Total members that voted Yes: 3 Members that voted Yes are John Campbell, Justin J. Di Ciano, David Shiner (Chair)
Total members that voted No: 3 Members that voted No are Ana Bailão, John Filion, Gord Perks
Total members that were Absent: 0 Members that were absent are

2 - Motion to Amend Item moved by Councillor Ana Bailão (Carried)

That Attachments 1 and 2 be amended to not allow Secondary Suites to be used as Short-term Rentals.


3 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That the Acting Chief Planner and Executive Director, City Planning be requested to report directly to City Council on December 6, 2017 if he wishes to clarify or modify any recommendations.


4 - Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)
Source: Toronto City Clerk at www.toronto.ca/council