Item - 2019.PH3.1

Tracking Status

  • City Council adopted this item on March 27, 2019 with amendments.
  • This item was considered by Planning and Housing Committee on March 20, 2019 and was adopted with amendments. It will be considered by City Council on March 27, 2019.
  • See also By-law 549-2019

PH3.1 - As-of-Right Zoning for Secondary Suites

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on March 27 and 28, 2019, adopted the following:

 

1. City Council amend the draft Zoning By-law Amendment included as Attachment 1 to the report (February 25, 2019) from the Chief Planner and Executive Director, City Planning as follows:

 

a.  to amend the site specific exceptions to the R zone in Chapter 900 of Zoning By-law 569-2013 that apply to lands in the area bounded on the north by Queen Street West, on the east by Dufferin Street, on the south by Lake Shore Boulevard West and on the west by Roncesvalles Avenue by removing from the list of prevailing sections item (ii) from Section 12(2)(70) of Zoning By-law 438-86, which restricts the average floor area of all the dwelling units in a converted house to at least 65 square metres.

 

2. City Council enact the Zoning By-law Amendment substantially in accordance with Attachment 1 to the report (February 25, 2019) from the Chief Planner and Executive Director, City Planning, as amended by Part 1 above.

 

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

 

4.  City Council, pursuant to Section 34(17) of the Planning Act, determine that no further notice to the public is required of the changes.

 

5.  City Council direct the Chief Financial Officer and Treasurer to review the City's development charges policy and business case for secondary dwelling units in new construction, and report on the feasibility of including new construction in the development charges exemption regime for secondary dwelling units in existing construction to the Planning and Housing Committee by the third quarter of 2019.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Committee)

(February 25, 2019) Report from the Chief Planner and Executive Director, City Planning on As-of-Right Zoning for Secondary Suites
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-130496.pdf
Attachment 1: Draft Zoning By-Law Amendment
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-130497.pdf
Attachment 2: Jurisdictional Scan of Secondary Suite Zoning Regulations
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-130498.pdf
(February 26, 2019) Notice of Public Meeting to be held by the Planning and Housing Committee (Under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-130551.pdf

Communications (Committee)

(March 11, 2019) Letter from Danny Bourne, Voice of the Poor Advocacy Committee Ontario Regional Council, Society of Saint Vincent de Paul and Rob Greenaway, President, Toronto Central Council, Society of Saint Vincent de Paul (PH.New.PH3.1.1)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92246.pdf
(March 15, 2019) Letter from Martin Gerwin and Judith Rutledge, Co-Chairs, Mimico Lakeshore Community Network (PH.New.PH3.1.2)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92293.pdf
(March 15, 2019) Letter from Kenneth Hale, Director of Advocacy and Legal Services, Advocacy Centre for Tenants Ontario (PH.New.PH3.1.3)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92384.pdf
(March 19, 2019) Letter from Susan Wankiewicz, Clinic Director, Landlordís Self-Help Centre (PH.New.PH3.1.4)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92468.pdf
(March 19, 2019) Letter from Garth Brown (PH.New.PH3.1.5)
(March 19, 2019) Letter from Geoff Kettel, and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (PH.New.PH3.1.6)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92490.pdf
(March 19, 2019) Letter from Garry Bhaura, President, Toronto Real Estate Board (PH.New.PH3.1.7)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92506.pdf

Communications (City Council)

(March 26, 2019) Letter from Jan De Silva, President and Chief Executive Officer, Toronto Region Board of Trade (CC.New.PH3.1.8)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-93004.pdf
(March 26, 2019) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (CC.New.PH3.1.9)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-93025.pdf

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Stephen Holyday (Lost)

That:

 

1.  City Council amend the draft Zoning By-law amendment, included as Attachment 1 to the report (February 25, 2019) from the Chief Planner and Executive Director, City Planning to:

 

a. require one parking space for each secondary suite in the RD and RS zone; and

 

b. in all other cases, require one parking space for each secondary suite in excess of one.

 

2.  City Council direct that, pursuant to Section 34(17) of the Planning Act, no further notice to the public is required of the changes.

 

3. City Council request the Chief Planner and Executive Director, City Planning to report back to the Planning and Housing Committee in the second quarter of 2020 on the number and type and analysis of Committee of Adjustment requests for variances to parking requirements to secondary suites.

Vote (Amend Item) Mar-28-2019 3:41 PM

Result: Lost Majority Required - PH3.1 - Holyday - motion 1a
Total members that voted Yes: 6 Members that voted Yes are Michael Ford, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata (Chair)
Total members that voted No: 19 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Mike Layton, Josh Matlow, Jennifer McKelvie, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Anthony Perruzza

1b - Motion to Amend Item moved by Councillor Stephen Holyday (Lost)

If Motion a. fails, that City Council amend the draft Zoning By-law amendment, included as Attachment 1 to the report (February 25, 2019) from the Chief Planner and Executive Director, City Planning to provide that in areas except Ward 2, parking is not required for secondary suites.

Vote (Amend Item) Mar-28-2019 3:42 PM

Result: Lost Majority Required - PH3.1 - Holyday - motion 1b
Total members that voted Yes: 2 Members that voted Yes are Stephen Holyday, Jim Karygiannis
Total members that voted No: 23 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Anthony Perruzza

2 - Motion to Amend Item moved by Councillor Jaye Robinson (Carried)

That City Council delete Planning and Housing Committee Recommendation 1.b.

 

Recommendation to be deleted:

 

1. b. to permit a pedestrian entrance to a secondary suite in a front wall of a detached house and semi-detached house.

Vote (Amend Item) Mar-28-2019 3:43 PM

Result: Carried Majority Required - PH3.1 - Robinson - motion 2
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Mike Colle, Gary Crawford, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 7 Members that voted No are Ana Bail„o, Brad Bradford, Shelley Carroll, Joe Cressy, Paula Fletcher, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Anthony Perruzza

Vote (Amend Item) Mar-28-2019 3:45 PM

Result: Carried Majority Required - PH3.1 - Robinson - motion 2 REVOTE
Total members that voted Yes: 17 Members that voted Yes are Paul Ainslie, Mike Colle, Gary Crawford, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 8 Members that voted No are Ana Bail„o, Brad Bradford, Shelley Carroll, Joe Cressy, Paula Fletcher, Mike Layton, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Anthony Perruzza

Motion to Reconsider Vote moved by Councillor Mike Layton (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 2 by Councillor Robinson.


3 - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Carried)

That City Council direct the Chief Financial Officer and Treasurer to review the City's development charges policy and business case for secondary dwelling units in new construction, and report on the feasibility of including new construction in the development charges exemption regime for secondary dwelling units in existing construction, and report to the Planning and Housing Committee by the third quarter of 2019.

Vote (Amend Item (Additional)) Mar-28-2019 3:45 PM

Result: Carried Majority Required - PH3.1 - Bail„o - motion 3
Total members that voted Yes: 15 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Joe Cressy, Paula Fletcher, Michael Ford, Mark Grimes, Jim Karygiannis, Cynthia Lai, Mike Layton, Jennifer McKelvie, Frances Nunziata (Chair), Michael Thompson, John Tory
Total members that voted No: 10 Members that voted No are Mike Colle, Gary Crawford, John Filion, Stephen Holyday, Josh Matlow, Denzil Minnan-Wong, James Pasternak, Gord Perks, Jaye Robinson, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Anthony Perruzza

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Mar-28-2019 3:46 PM

Result: Carried Majority Required - PH3.1 - Adopt the item as amended
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Jim Karygiannis, Cynthia Lai, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Stephen Holyday, Josh Matlow
Total members that were Absent: 1 Members that were absent are Anthony Perruzza

Vote (Adopt Item as Amended) Mar-28-2019 3:48 PM

Result: Carried Majority Required - PH3.1 - Adopt the Item as amended REVOTE
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Stephen Holyday
Total members that were Absent: 1 Members that were absent are Anthony Perruzza

Motion to Reconsider Vote moved by Councillor Joe Cressy (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote to adopt Item PH3.1 as amended.

PH3.1 - As-of-Right Zoning for Secondary Suites

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Statutory - Planning Act, RSO 1990

Committee Recommendations

The Planning and Housing Committee recommends that:

 

1. City Council amend the draft Zoning By-law Amendment included as Attachment 1 to the report (February 25, 2019) from the Chief Planner and Executive Director, City Planning as follows:

 

a.  to amend the site specific exceptions to the R zone in Chapter 900 of Zoning By-law 569-2013 that apply to lands in the area bounded on the north by Queen Street West, on the east by Dufferin Street, on the south by Lake Shore Boulevard West and on the west by Roncesvalles Avenue by removing from the list of prevailing sections item (ii) from Section 12(2)(70) of Zoning By-law 438-86, which restricts the average floor area of all the dwelling units in a converted house to at least 65 square metres.

 

b.  to permit a pedestrian entrance to a secondary suite in a front wall of a detached house and semi-detached house.

 

2. City Council enact the Zoning By-law Amendment substantially in accordance with Attachment 1 to the report (February 25, 2019) from the Chief Planner and Executive Director, City Planning, as amended by Recommendation 1 above.

 

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

 

4.  City Council, pursuant to Section 34(17) of the Planning Act, determine that no further notice to the public is required of the changes.

Decision Advice and Other Information

The Planning and Housing Committee:

 

1.  Requested the Director, Affordable Housing Office to investigate the possibility of establishing a secondary suites affordable housing program similar to the Affordable Laneway Suites Pilot Program and to report back to the Planning and Housing Committee.

 

The Planning and Housing Committee held a statutory public meeting on March 20, 2019, and notice was given in accordance with the Planning Act.

Origin

(February 25, 2019) Report from the Chief Planner and Executive Director, City Planning

Summary

This report recommends the adoption of a Zoning By-law Amendment to the city-wide Zoning By-law 569-2013 to support the creation of secondary suites.

 

The recommended Zoning By-law Amendment (Attachment 1) reflects feedback received through public consultations, discussion with relevant City Divisions, and research across other municipalities.  The Zoning By-law Amendment responds to the City Council motion to report back on a range of measures that could provide incentives to encourage the creation of secondary suites.

 

The recommended changes also respond to recent provincial policy changes to the Planning Act and the associated proposed minister's regulation, the Provincial Policy Statement, 2014, and the Growth Plan for the Greater Golden Horseshoe, 2017 to further encourage the creation of second units, referred to as secondary suites in the city-wide Zoning By-law.  The recommended Zoning By-law Amendment would bring the city-wide Zoning By-law 569-2013 into conformity with the Official Plan and the Growth Plan for the Greater Golden Horseshoe, and would be consistent with the Provincial Planning Policy Statement.

 

The recommended Zoning By-law Amendment (see Attachment 1) includes:

-  Permitting the creation of secondary suites in new construction and existing homes

-  A permitted maximum percentage of interior floor area a secondary suite may comprise to ensure it  remains subordinate to the primary dwelling unit

-  Removal of minimum secondary suite and dwelling unit sizes

-  Reduced parking requirements

-  Permitting secondary suites in all townhouses across the city

-  Permitting an entrance to a secondary suite in a front wall facing a street in townhouses, and on a side wall facing a street on corner lots in detached houses, semi-detached houses and townhouses

Background Information

(February 25, 2019) Report from the Chief Planner and Executive Director, City Planning on As-of-Right Zoning for Secondary Suites
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-130496.pdf
Attachment 1: Draft Zoning By-Law Amendment
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-130497.pdf
Attachment 2: Jurisdictional Scan of Secondary Suite Zoning Regulations
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-130498.pdf
(February 26, 2019) Notice of Public Meeting to be held by the Planning and Housing Committee (Under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-130551.pdf

Communications

(March 11, 2019) Letter from Danny Bourne, Voice of the Poor Advocacy Committee Ontario Regional Council, Society of Saint Vincent de Paul and Rob Greenaway, President, Toronto Central Council, Society of Saint Vincent de Paul (PH.New.PH3.1.1)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92246.pdf
(March 15, 2019) Letter from Martin Gerwin and Judith Rutledge, Co-Chairs, Mimico Lakeshore Community Network (PH.New.PH3.1.2)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92293.pdf
(March 15, 2019) Letter from Kenneth Hale, Director of Advocacy and Legal Services, Advocacy Centre for Tenants Ontario (PH.New.PH3.1.3)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92384.pdf
(March 19, 2019) Letter from Susan Wankiewicz, Clinic Director, Landlordís Self-Help Centre (PH.New.PH3.1.4)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92468.pdf
(March 19, 2019) Letter from Garth Brown (PH.New.PH3.1.5)
(March 19, 2019) Letter from Geoff Kettel, and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (PH.New.PH3.1.6)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92490.pdf
(March 19, 2019) Letter from Garry Bhaura, President, Toronto Real Estate Board (PH.New.PH3.1.7)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-92506.pdf

Speakers

Davelle Morison, Bosley Real Estate
Garth Brown
Jennifer Spence

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Carried)

That:

 

1.  City Council revise the draft Zoning By-law Amendment included as Attachment 1 to amend the site specific exceptions to the R zone in Chapter 900 of Zoning By-law 569-2013 that apply to lands in the area bounded on the north by Queen Street West, on the east by Dufferin Street, on the south by Lake Shore Boulevard West and on the west by Roncesvalles Avenue to:

 

Amend the list of prevailing sections, by removing item (ii) from Section 12(2)(70) of zoning by-law 438-86, which restricts the average floor area of all the dwelling units in a converted house to at least 65 square metres;

 

2.  City Council, pursuant to Section 34(17) of the Planning Act, determine that no further notice to the public is required of the changes.


2 - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Carried)

That City Council amend the draft zoning by-law amendment included as Attachment 1 to permit a pedestrian entrance to a secondary suite in a front wall of a detached house and semi-detached house.


3 - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Carried)

That:

 

The Planning and Housing Committee direct the Director, Affordable Housing Office to investigate the possibility of establishing a secondary suites affordable housing program similar to the Affordable Laneway Suites Pilot Program and to report back to the Planning and Housing Committee.


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