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MINUTES - Special Council - 20090923 TOWN OF AURORA SPECIAL COUNCIL – PUBLIC PLANNING MEETING MINUTES NO. 09-25 Council Chambers Aurora Town Hall Wednesday, September 23, 2009 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillors Buck and Collins-Mrakas OTHER ATTENDEES Marco Ramunno, Director of Planning and Development, Fausto Filipetto, Policy Planner, Shannon Boychuk, Acting Deputy Clerk and Elma Stevenson, Council/Committee Secretary The Mayor called the meeting to order at 7:05 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor Gaertner Seconded by Councillor McRoberts THAT the agenda as circulated by the Corporate Services Department be approved as presented. CARRIED Special Council – Public Planning Minutes Wednesday, September 23, 2009 Page 2 of 5 III PLANNING APPLICATIONS Mayor Morris outlined the procedures that would be followed in the conduct of the public meeting. The Acting Town Clerk confirmed that appropriate notice had been given in accordance with the relevant provisions of the Planning Act. 1. PL09-070 – Proposed Zoning By-law Amendment for Second Suites (Two-Unit Houses/Basement Apartments File No. D14-18-08 Planning Staff The Policy Planner, Fausto Filipetto, provided an overview of the Town of Aurora proposal to Amend the Zoning By-law (File No. D14-18-08) to include provisions specific to Second Suites (a house which contains an additional dwelling unit, such as a basement apartment). This is the second Public Planning meeting on the issue for the purpose of providing an update and to address comments received previously. The presentation included a history of the issue to date and background information on the study undertaken to review the approaches taken by other municipalities regarding the second suites issue and to see if and where these approaches could by applied by Aurora by way of zoning by-law provisions. The Statutory Public Planning Meeting regarding second suites was held on November 28, 2008. At that time, Council received the report, directed Staff to respond to comments received in a future report, and requested Staff to hold at least one more public meeting. The following comments were received at that time: • The City of Barrie be considered in review of this matter; • If a home is sold, the new owner should re-apply; • Concern about multiple second suites per dwelling; • Concern about pre-existing second suites; • Findings from the Secondary Dwelling Unit Task Force be taken into consideration; Special Council – Public Planning Minutes Wednesday, September 23, 2009 Page 3 of 5 • Matters such as safety within unit, schools, garbage, water, parking and hydro be considered; • Another public meeting be held; • There are many illegal apartments in Aurora – if apartments are legal, they must have insurance – therefore illegal apartments must be brought up to standard. The City of Barrie Second Suites By-law provides that “a free standing detached dwelling in an RM1-SS Zone may be constructed or converted to include a second dwelling unit provided: • The property exists within a plan of subdivision that was registered after January 1, 2004; • Entrance to each unit to be by way of an exterior entrance door or a door from common entrance; • Notwithstanding the Table of Off-street Parking requirements – the following shall apply to a two-unit house; 1. A minimum of two parking spaces shall be provided and located a minimum of 7m from the front lot line; 2. A paved driveway of a minimum width of 5.4 m shall be provided; 3. Tandem parking is permitted; 4. No required parking spaces shall be located within the front yard. Marco Ramunno, Director of Planning and Development Services summarized the history of the Second Suites issue as follows: • February 24, 2004 – Aurora Council established Secondary Dwelling Units (SDU) Task Force to examine local issues, review as-of-right by- laws from various GTA municipalities and make recommendations to Council; • May 19, 2005 – SDU Task Force meeting indicated based on 10-20% estimate of second suites generally within municipalities, Aurora would have approximately 1,300 units, far more than the 120 units registered at that time; • September 15, 2009 – SDU Task Force meeting addressed the Current Value Assessment (CVA) increase of a property with a secondary suite and that the inspection of second suites are complaint driven to ensure compliance with the Ontario Fire Code; • October 20, 2005 – SDU Task Force meeting confirmed the function of the Housing Help Centre as a placement agency for people seeking accommodation and that this agency does not carry out inspections to confirm compliance with the Fire or Building Codes. Special Council – Public Planning Minutes Wednesday, September 23, 2009 Page 4 of 5 • February 23, 2006 – SDU Task force outlined two options – whether or not to amend the official plan and zoning by-law to permit second sites, or to recommend a process to address the existing suites only to ensure their safety and compliance with the legislation. • April 4, 2006 – SDU Task Force was dissolved and completion of the mandated study tasks was referred to the 2007-2010 (current) Council. • August 12, 2008 – Staff reported to Council and was directed to commence a Second Suites Study to consider an amendment to the zoning by-law permitting second suites as-of-right and schedule a future public meeting. Public Comments Ms Lydia Ingles, resident of Newmarket and member of the Toronto Real Estate Board, Government Relations Committee stated that secondary suites should be made legal in the Town of Aurora. She stated that illegal apartments cannot obtain insurance. Ms Ingles also referred to that fact that secondary suites are not currently permitted in Aurora unless they existed on November 16 1995 and have been grandfathered under Provincial Legislation. Mr. Gordon Barnes, Aurora resident addressed Council and advised that he supports the Staff recommendation that this matter move forward. Mr. Barnes has read the Provincial and Regional plans and he feels it may be possible to reduce the parking requirements for secondary suites because of the availability of Viva transit service in the Town of Aurora. The public portion of the meeting closed at 7:27 p.m. and Council’s deliberations began. Moved by Councillor Wilson Seconded by Councillor Gallo THAT report PL09-070 be received as information; and THAT Staff be directed to continue studying second suites, including the drafting of a by-law to permit second suites, taking into consideration any comments received to date or in the future; and THAT Staff complete and present the report at a Special General Committee meeting early in the new year, or sooner, to be held on a Public Planning meeting date. Special Council – Public Planning Minutes Wednesday, September 23, 2009 Page 5 of 5 On a recorded vote the resolution was CARRIED. Councillors Buck and Collins-Mrakas were not present for the vote. YEAS: 7 NAYS: 0 VOTING YEAS: Councillors Gallo, Gaertner, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: 0 IV READING OF BY-LAWS Moved by Councillor Gaertner Seconded by Councillor Granger THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5152-09 BEING A BY-LAW to Confirm Actions by Council Resulting from Special Council – Public Planning Meeting 09-25 on September 23, 2009 CARRIED V ADJOURNMENT Moved by Councillor McRoberts THAT the meeting be adjourned at 8:39 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR SHANNON BOYCHUK ACTING, DEPUTY CLERK