Item - 2018.TE33.3

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands within the boundaries of the Toronto and East York Community Council, substantially in accordance with the draft Official Plan Amendment 403 appended as Attachment 1 to the supplementary report (May 28, 2018) from the Acting Director, Community Planning, Toronto and East York District.
 

2. City Council amend Zoning By-law 569-2013, as amended, for the lands within the boundaries of the Toronto and East York Community Council area as it was known on January 1, 2017,  substantially in accordance with the draft Zoning By-law Amendment appended as Attachment 2 to the supplementary report (May 28, 2018) from the Acting Director, Community Planning, Toronto and East York District.

 
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Draft Zoning By-law Amendment as may be required.

 
4. City Council direct the Chief Planner and Executive Director, City Planning, to monitor the implementation of the proposed Official Plan Amendment No. 403, identified in Recommendation 1 above, and the proposed Zoning By-law Amendment identified in Recommendation 2 above, and the "Changing Lanes: Laneway Suite Design and Process Guidelines”, and report to Toronto and East York Community Council by the earlier of two (2) years following the date the proposed Official Plan Amendment No. 403, identified in Recommendation 1, above, and the proposed Zoning By-law Amendment, identified in Recommendation 2 coming into full force and effect, or following the issuance of the 100th building permit for the construction of new laneway suites, to review and recommend any necessary revisions to the policy, zoning and guidelines, and/or other changes to improve implementation.
 

5. City Council direct the Chief Building Official and Executive Director, Toronto Building in consultation with necessary City Divisions, to advise City Planning, Transportation Services, Parks, Forestry, and Recreation and Toronto Hydro of any building permit applications received to construct laneway suites, for information;
 

6. City Council direct the General Manager, Transportation Services Division, in consultation with necessary City Divisions, to report to the Toronto and East York Community Council in the first quarter of 2020 on the effect of laneway suites on the demand for on-street parking permits and applications for front yard parking pads and any necessary mitigating measures.
 

7. City Council direct the Director, Affordable Housing Office, to make $1,000,000 available from the Federal/Provincial Investment in Affordable Housing Program for a Pilot for Affordable Laneway Suites, commencing November 1, 2018 on the terms and conditions summarized in the report (May 18, 2018), and on such further terms and conditions as are satisfactory to the Director, Affordable Housing Office.

 
8. City Council authorize the Director, Affordable Housing Office, to:

a. negotiate, enter into, and execute on behalf of the City, a "Contribution Agreement", with participants in the Affordable Housing Program for a Pilot for Affordable Laneway Suites, to secure the financial assistance being provided and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Director, Affordable Housing Office and in a form approved by the City Solicitor; and

b. execute, on behalf of the City, any security or financing documents or any other documents required to facilitate the funding process, including any documents required by participants in the Affordable Housing Program for a Pilot for Affordable Laneway Suites or mortgagee(s) to complete construction and conventional financing and subsequent refinancing, where and when required during the term of the Contribution Agreement.

 
9. City Council authorize the City Solicitor to execute, on behalf of the City, any postponement, confirmation of status, discharge or consent documents relating to the security given to secure the Contribution Agreement entered into with participants in the Affordable Housing Program for a Pilot for Affordable Laneway Suites,  as required by normal business practices.

 
10. City Council increase the 2018 Approved Operating Budget for Shelter, Support Housing and Administration for the Affordable Laneway Suites pilot project by $1,000,000 gross, $0 net, fully funded by the Investment in Affordable Housing Program.
 

11. City Council direct the General Manager, Parks, Forestry, and Recreation to refuse, at their discretion, a permit to injure or destroy a healthy tree protected under Municipal Code Chapter 813 or Municipal Code Chapter 658, received as part of an application to construct a laneway suite, and to advise the applicant to meet with City Planning and Urban Forestry staff to consider how the design of suite can be amended to protect the healthy By-law tree in question.

12.  City Council direct the General Manager Parks, Forestry, and Recreation Division, in consultation with relevant City Divisions, to report back to the Toronto and East York Community Council in the 4th quarter of 2019, on the appropriateness of amending Toronto Municipal Code Chapter 813 regarding the criteria for private tree protection, particularly with respect to laneway housing applications. 

13.  City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the relevant City Divisions to include information related to any municipal property assessment appeals related to properties that do not have as-of-right permission to construct a laneway suite, as part of the proposed monitoring program noted in Recommendation 4 above.

 
14.  City Council direct the Chief Planner and Executive Director, City Planning to include, as part of the proposed monitoring program noted in Recommendation 4 above, information related to the addition or loss of on-site parking spaces associated with the construction of laneway suites, and to review the option of prohibiting the construction of any new vehicle parking spaces within a laneway suite unless the newly constructed space replaces an existing parking space located in either an accessory structure or a parking pad located in the rear yard.
 

15. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the relevant City Divisions to include information related to access to laneway suites behind rowhouses, and whether a 1-metre side yard setback for access should be required for all new construction, as part of the monitoring process.

16. City Council direct the Chief Planner and Executive Director, City Planning, to consider any necessary policies and/or by-law standards to permit and regulate Laneway Suites as part of the review of Site and Area Specific Policy 211.

17. City Council amend Chapter 415, Article III, 415-30, Subsection A(4) of the Municipal Code by adding the words ", or the creation of 1 Laneway Suite" after the words "Creation of 1 additional dwelling unit in an existing residential building" so that it now reads as follows:

(4)       Creation of 1 additional dwelling unit in an existing residential building, or the creation of 1 Laneway Suite;
 

18.  City Council:

a. request the Toronto Catholic District School Board to give consideration to adopting policies consistent with those of the City of Toronto to support balanced development in Toronto, including Education Development Charge exemptions or reduced rates for Laneway Suites; and

b. request the Minister of Education to intervene, direct or otherwise support the Toronto Catholic District School Board, if necessary, in order to mitigate a proposed increase in Education Development Charges to support balanced development in Toronto.

19.  City Council request the Chief Planner and Executive Director, City Planning, to consult with City staff responsible for the Toronto Seniors Strategy and with seniors advisory organizations, to ensure standards, maintenance and safety in laneways are part of the monitoring, design and implementation of new laneway suites.

20.  City Council direct the Chief Planner and Executive Director, City Planning to work on the second Phase of the Changing Lanes: The City of Toronto's Review of Laneway Suites, to include suites on appropriate properties without laneways within the Toronto and East York Community Council boundaries and to report back to the Toronto and East York Community Council in the 4th quarter of 2019.

This report recommends establishing a planning framework to permit laneway suites on lands within the Toronto and East York District that are designated as Neighbourhoods by amending both the Official Plan and City-wide Zoning By-law.

The City's Official Plan does not reference or set out specific provisions for second units, however second units are permitted city-wide as-of-right in the City-wide Zoning By-law 569-2013.  A second unit can take many forms but is generally considered to be subordinate to the primary dwelling unit on a lot. Second units are an important part of the City’s rental housing stock. Laneway suites are one form of second unit.

Similar to other second units, laneway suites are a part of complete communities. They can provide more opportunities for people to live in ground related housing, for residents to live close to where they work, shop, and play and, can help make the city's urban lanes more green, liveable, and safe. Laneway suites can contribute to increasing the supply of rental housing and provide additional housing options for households at different ages and life stages.

At its meeting of July 4, 2017, Toronto City Council directed City Planning staff, in consultation with numerous City Divisions, to initiate a review and consultation of the City's current policy and planning framework regarding laneway suites within the Toronto and East York District. City Planning staff were directed to prepare a report to Toronto and East York Community Council with recommended policy and Zoning By-law amendments necessary to implement a laneway suite strategy, and with recommendations on other related matters such as the provision of affordable housing and infrastructure costs.

This report contains a detailed planning rationale for the introduction and regulation of laneway suites within the Toronto and East York area and discusses the policy implications and intent of proposed performance standards and criteria. These performance standards and criteria intend that laneway suites will provide a new form of ground-related, rental and extended family housing that will fit appropriately within the scale of established Neighbourhoods, and limit their impact on the existing physical character, while contributing to the growth of the City’s rental housing stock.

This report responds to the request from Toronto and East York Community Council at their meeting on May 2, 2018, to report to the June 6, 2018 meeting of Toronto and East York Community Council with additional information regarding Item TE32.11 Changing Lanes: The City of Toronto’s Review of Laneway Suites City-initiated Official Plan and Zoning By-law amendment – Final Report. This report contains additional information on matters related to an affordable rental laneway suites pilot initiative, landscaped open space, tree protection, the condition and maintenance of rear laneways, and responses to community correspondence in accordance with Toronto and East York Community Council’s request.

The original Changing Lanes report (April 16, 2018) recommended Official Plan and Zoning By-law amendments to permit laneway suites subject to a range of criteria.

This report outlines revisions to the proposed permissions related to laneway suites by clarifying the required amount of soft landscaped space in a rear yard, permission and protocol around tree protection, reductions to some permitted encroachments, and adjustments to the monitoring period. The recommended height and form of a laneway suite is consistent with that recommended in the April 16, 2018 Changing Lanes Report. This report also recommends initiating the proposed Affordability Pilot Program at such time as Official Plan and Zoning By-law amendments are in force.

This report replaces the recommendations of the report, April 16, 2018, from the Acting Director, Community Planning, Toronto and East York District, in full, with some modifications, as detailed in this report.