AGENDA - Special General Committee - 20100127SPECIAL GENERAL
COMMIITEE
AGENDA
NO.10-02
WEDNESDAY, JANUARY 27, 2010
7:00 P.M.
COUNCIL CHAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
January 22, 2010
AURORA
TOWN OF AURORA
SPECIAL GENERAL COMMITTEE MEETING
AGENDA
NO. 10-02
Wednesday, January 27, 2010
7:00 p.m.
Council Chambers
Mayor Morris in the Chair
I DECLARATIONS OF PECUNIARY INTEREST
11 APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved.
III DELEGATIONS
None
IV CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION
V ADJOURNMENT
Special General Committee Agenda
Wednesday, January 27, 2010
Page 2 of 2
AGENDA ITEM
PL10-005 — Proposed Zoning By-law Amendment for pg. 1
Second Suites (Two -Unit Houses/Basement Apartments)
File D14-18-08
RECOMMENDED:
THAT the attached draft implementing zoning by-law to permit second suites
be approved in principle; and
THAT said implementing zoning by-law be forwarded to a future Council
meeting along with the second suites registration by-law for enactment.
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010 ITEM #
,- TOWN OF AURORA
AURVPI A SPECIAL GENERAL COMMITTEE MEETING No. PL10-005
SUBJECT: Proposed Zoning By-law Amendment for
Second Suites (Two -Unit Houses/Basement Apartments)
File No. D14-18-08
FROM: Marco Ramunno, Director of Planning and Development Services
DATE: January 27, 2010
RECOMMENDATION
THAT the attached draft implementing zoning by-law to permit second suites be
approved in principle; and
THAT said implementing zoning by-law be forwarded to a future Council meeting
along with the second suites registration by-law for enactment.
PURPOSE
The purpose of this report is to advise Council of the final findings of the second suites
study undertaken by Staff and to present the draft'zoning by-law amendment permitting
second suites in detached, semi-detached and link dwellings within the Town of Aurora,
subject to specific provisions.
Consultation Process
On August 8, 2008, Staff were directed by Council to commence a second suites study to
consider an amendment to the zoning by-law to permit second suites as -of -right. The
statutorypublic planning meeting was held on November 26, 2008 and Staff were directed
to address any comments received in a future report and to hold at least one additional
public meeting. The second public planning meeting was held on September23, Mg. At
the meeting, Council received the report as informationand directed Staff to hold the
subject special General Committee meeting for the purpose of bringing forward a draft
implementing zoning by-law as well as addressing the questions raised at the second
public meeting.
Questions asked/comments made at the meeting were as follows:
• there should be a reduced parking requirement for second suites located near
transit routes/nodes;
provide an update as to how much the Current Value Assessment of a dwelling
would increase by having a second suite;
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010 ITEM # 1-2
January 27, 2010 - 2 - Report No. PL10-006
• what are the costs and process of inspection and registration elsewhere;
concern was expressed about permitting second suites in row and linked homes as
it relates to parking/snow removal and there was some concern that this type of
development is already too dense to permit second suites;
we need to be able to answer the question: "Why should I get a permit and register
when I could just fly under the radar?';
could second suites be applied to meeting the below Draft Regional Policy:
That a minimum of 25% of new housing units across the Region be affordable,
and distributed within each local municipality. Affordable housing units must
include a mix and range of housing types, lot sizes, unit sizes, functions and
tenures to provide opportunity for all household types, including larger families
and residents with special needs.
how much would it cost to dig out a second entrance for a second suite; and
• a grace period of 6 months for registration without a fee should be implemented.
Notification
Notice of this meeting was given in the Aurora Era Banner on January 12, 2010 and
January 19, 2010 and a copy of the notice has also been placed on the Town's website.
Furthermore, the notice has been mailed to agencies, adjacent municipalities and all
interested parties. No written comments have been received, however Planning and
Development Services received a telephone call from a resident who was concerned about
the legalization of second suites.
Location
Staff are studying second suites on a Town wide basis.
COMMENTS
Responses
Parking
At the last public meeting a local resident made the comment that there should be a
reduced parking requirement for second suites located near transit routes/nodes. By-law
Services have indicated that parking is one of the major complaints that they get as it
relates to second suites and that they feel that the second suite should be required to have
a parking space allocated to it. The draft implementing by-law requires that a parking spot
be provided for the second suite, in addition to the parking requirements of the zoning by-
law.
.2-
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010 ITEM # 1-3
January 27, 2010 - 3 - Report No. PL10-006
Current Value Assessment
At the meeting held on September 15, 2005, the Town's Financial Services Department
advised the Secondary Dwelling Units Task Force that a finished basement or apartment
within a residence increases the Current Value Assessment (CVA) of a property by
approximately $10,000 to $15,000, which would generate $116.60 annually in property
taxes. Therefore, having a finished basement or a secondary dwelling unit is not a major
factor in the CVA of a particular property. Financial Services has indicated that this
information remains accurate to date.
Registration/Costs of Second Suites in other Municipalities
As illustrated on Figure 1, the cost for the registration of second suites can range from
$100 to $775. Newmarket has since dropped their registration cost from $500 to $150 in
order to try and encourage more registrations. The registration process for second suites
varies slightly depending on the municipality, howeverthe inspection process is consistent.
Fire and Emergency Services Departments are responsible for the inspection of existing
second suites and Building Departments are responsible for the inspection of new second
suites.
In Newmarket the Clerk is the Registrar, therefore after a successful inspection of the
second suite by either Central York Fire Services (CYFS) or the Building Department, a
letter is sent to both the Owner and the Clerk. CYFS also handles all re -registrations,
therefore they view and get a copy of any materials/plans/building permit documents
submitted to the Building Department for the new units. Furthermore, Newmarket's
registration by-law requires Owners of new second suites to obtain a certificate from the
Electrical Safety Authority, otherwise this requirement would only apply to the existing
units.
Where are Second Suites Permitted?
Concern was expressed at the last public meeting over permitting second suites in row and
linked homes. The draft implementing by-law therefore permits second suites within
detached dwellings or semi-detached dwellings. Second suites would only be permitted in
a linked dwelling based on the following condition:
Where three or more link house dwelling units are joined, a second suite dwelling
unit shall be permitted provided the link house dwelling unit is joined only below
grade.
Why Register?
The principle benefit of obtaining a permit and registering a second suite is personal liability
protection. Registration of a second suite would require an inspection by the appropriate
authority, therefore ensuring that the suite is safe for occupation. This provides protection
from an insurance perspective if there should ever be a fire or other disaster.
- 3 =
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010 ITEM # 1-4
January 27, 2010 - 4 - Report No. PL10-005
A legally registered suite is also valuable from a marketing perspective for sale and lease
purposes.
AffordabilitylIntensification Targets
One of the benefits of allowing second suites is that they will aid in achieving Regional
targets for intensification and affordability. Specifically, second suites can aid in meeting
the Regionally adopted official plan policy which states "That a minimum of 25% of new
housing units across the Region be affordable, and distributed within each local
municipality."
Cost of Constructing a Second Entrance to a Dwelling
The Town's Director of Building and By-law Services has indicated that the cost for
constructing a second entrance to a dwelling is approximately $10,000. This estimate
relates strictly to the construction of another entrance and does not include the cost of
constructing a second suite. Furthermore, the amount could be considerably higher
depending on the circumstance such as the requirement for additional steps and the
quality of materials which are used.
Amnesty Period for Registration
It was suggested that an amnesty period of six months should be given for the registration
of second suites as a means of encouraging their registration. Other municipalities have
used amnestyperiods in order to encourage the registration of second suites and Staff do
not objectto the use of a six month amnesty period once a registration by-law is approved.
The Draft Zoning By-law
Details
As previously mentioned, a draft implementing by-law which would permit second suites
has been prepared and is attached to this report for Council's review and consideration.
Details of the draft by-law are as follows:
• second suites are defined as a second dwelling unit located above or below grade
or both, within a detached dwelling unit, semi-detached dwelling unit, or link house
dwelling unit subject to the following condition:
"where three or more link house dwelling units are joined, a second suite
dwelling unit shall be permitted provided the link house dwelling unit is joined
only below grade."
• a maximum of one second suite is permitted per dwelling;
• one parking space is required for the second suite in addition to the residential
parking space requirements of the zoning by-law;
-4.
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010 ITEM # - 5
January 27, 2010 - 5 - Report No. PL10-006
second suites do not require servicing allocation from Council;
• where a dwelling contains a second suite and is permitted to have a home
occupation, the home occupation is only permitted in one of the units;
• second suite dwelling units are not permitted in the "C-ORM", "NL-ORM", "NC-ORM"
and "EP-ORM" Zones in accordance with the Oak Ridges Moraine Conservation
Plan, Amendment No. 48 to the Town of Aurora Official Plan and the Zoning By-law;
• second suite dwelling units are not permitted in the "Oak Ridges Moraine Settlement
Area" where a zone symbol is followed by the letters "ORM", without an amendment
to, or relief from this By-law, in accordance with Amendment No. 48 to the Town of
Aurora Official Plan and the Zoning By-law;
• second suite dwelling units are not permitted in dwellings located within the flooding
and erosion hazard limits of all watercourses;
• second suites shall have a minimum floor area of 35 square metres (377 square
feet); and
• only one dwelling entrance is permitted within any main wall facing a street line.
Planning Considerations
Planning Staff have discussed the issue of servicing allocation with Regional Planning Staff
as it relates to second suites. The Region has indicated that they do not intend local
municipalities allocate servicing for second suites. The Region has also indicated that their
flow monitoring program would identify if there is a need for increased servicing, which
could then be planned for in future servicing capacity assignment reviews. The Region
further stated that requiring allocation for second suites would act as a deterrent to their
registration, which is contrary to the Regional objective.
The draft by-law limits the amount of home occupations to one per dwelling in order to
ensure compatibility with the neighbourhood. Furthermore, the draft by-law also contains
provisions which ensure compliance with the Oak Ridges Moraine Conservation Plan and
Official Plan Amendment No. 48. Second suites would therefore not be permitted outside
of the "Oak Ridges Moraine Settlement Area" or in zones followed by the letters "ORM".
Finally, the draft by-law does not permit second suite dwelling units in dwellings located
within the flooding and erosion hazard limits of all watercourses, a requested by the Lake
Simcoe Region Conservation Authority.
The draft by-law set out a minimum floor area of 35 square metres (377 square feet). In
municipalities that require a minimum floor area for second suites, the minimums range
from 25 square metres (269 square feet) to 42 square metres (462 square feet). The
minimum floor area amount of 35 square metres used in our draft by-law represents an
average of what other municipalities are using. Furthermore, Staff believes that this is a
suitable floor area minimum amount to create reasonable sized living conditions.
-5-
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010 ITEM # 1-6
January 27, 2010 . - 6 - Report No. PL10-006
It is not uncommon for second suite by-laws to regulate their appearance. Some by-laws
state that there cannot be any change to the residential character of the dwelling, others
speak to facade preservation. The attached draft by-law therefore contains a provision
which allows only one dwelling entrance within any main wall facing a street line. Staff
believes this would achieve the goal of preserving the front facade and character of the
dwelling.
Reatonal Polic
The Draft Regional Official Plan contained a policy which would have required
municipalities to include "as -of -right" second suite policies, on a municipal wide basis, in
local official plans and zoning by-laws. The York Region Official Plan adopted by Regional
Council on December 16, 2009, included a revised policy on second suites that
"encourages" local municipalities to include "as -of -right" second suites in their official plans
and zoning by-laws. Therefore municipalities still have the option of not permitting second
suites if they believe their permission is not warranted.
Provincial Legislation
Under the Planning Act, as amended by Bill 51, official plan policies and zoning by-law
provisions approved to permit second suites in detached, semi-detached or row housing
are not appealable. Appeals are only permitted if the policies are adopted as part of a five-
year review.
Reaistration Process
Staff have had discussions with Central York Fire Services (CYFS) about potential
registration processes in Aurora. Since CYFS would be involved in the second suites
inspection processes for both Newmarket and Aurora, it would be beneficial if the two
registration processes were similar. CYFS would do the inspection of the existing suites
and the Town's Building Administration Department would inspect new suites. With
respect to the Registrar, unlike in Newmarket, most municipalities registerthe units through
their Building Departments. This is beneficial because the Building Administration
Department would be responsible for building permit issuance and inspection, and
therefore registration though the same department may be easier from an administrative
perspective. As mentioned in the recommendation, Staff would like the opportunity to
report back on the matter in further detail, including a draft registration by-law to be
approved by Council.
ALTERNATIVES TO THE RECOMMENDATION
1. Council has the option of making changes to the draft by-law prior to approval; or
2. Council has the option of not approving the zoning by-law amendment to permit
second suites if they feel it is no longer warranted.
-6.
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010
ITEM # 1-7
January 27, 2010 - 7 - Report No. PL10-005
FINANCIAL IMPLICATIONS
There would be costs associated with administering, regulating and registration of the
suites. There may also be financial gains from registration, inspection fees and property
taxes, however it should be noted that other municipalities have a very low registration cost
in order to encourage the registration of the suites.
PROVINCIAL POLICY
Permitting second suites would be in keeping with Provincial Policy.
CONCLUSION
Staff have studied the approaches taken by other municipalities regarding second suites as
directed by Council. Furthermore, Staff have held two public meetings on the matter and
have attempted to address any comments made by Council or the public. Staff have
drafted the implementing zoning by-law which is attached to this report for review and is
recommending approval of the by-law in principle. It is also recommended that Council
direct Staff to forward the implementing zoning by-law along with the second suites
registration by-law to a future Council meeting for enactment.
ATTACHMENTS
Figure 1: Second Suites Permissions in Other Greater Golden Horseshoe
Communities (official webslte of the Town Of Markham)
Appendix A: Draft Second Suites Zoning By-law Amendment
Management Team Meeting - January 20, 2010
Prepared by: Fausto Filipetto, Policy Planner
Extension 4342
l/C/V
"—`
Marc a nno, M.C.I.P., R.P.P.
Director of Planning & Development
11
Se 'ce }
Neil Garbe
Chief Administrative Officer
Techa van Leeuwen
Director of Building & By-law Services
-7.
SPECIAL
r
W
rg
Tenn # 1-8
APPENDIX A
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010 ITEM # 1-9
THE CORPORATION OF THE TOWN OF AURORA
By-law Namber^-10.D
BEING A BY-LAW to amend
Zoning By-law No. 221E-78,
as amended
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended,
provides that the councils of local municipalities may pass zoning by-laws;
AND WHEREAS the Council of The Corporation of the Town of Aurora enacted
By-law 2213-78, including amendments thereto (hereinafter the "Zoning By-law");
AND WHEREAS the Council of The Corporation of the Town of Aurora deems it
necessary and expedient to further amend the Zoning By-law 2213.78;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF AURORA HEREBY ENACTS AS FOLLOWS:
1.
2.
THAT the Zoning By-law be and is hereby amended to add the following:
3.42.13 Dwelling, Sec2nd Suite:
Means a second dwelling unit located above or below grade
or both, within a detached dwelling unit, semi-detached
dwelling unit, or link house dwelling unit subject to the
following condition:
(i) Where three (3) or more link house dwelling units are
joined, a second suite dwelling unit shall be permitted,'
provided that the link house dwelling unit is joined only
below grade.
THAT the Zoning By-law be and is hereby amended to add the following:
SECTION 7.9 SECOND SUITE DWELLING
The following provisions shall apply to second suite dwelling units:
7.9.1.1 A maximum,of one (1) second suite dwelling unit shall be
permitted in accordance with Section 3A2.13.
7.9.1.2 Dwelling Unit Below Grade
Notwithstanding the provisions of Section 6.12, a second suite
dwelling unit shall be permitted within a basement or cellar.
7.9.1.3 Parking Requirements
One (1) parking .space shall be required for a second suite
dwelling unit in addition to the residential parking space
requirements of this By-law.
7.9.1A Servicing Allocation
Notwithstanding the provisions of Section 4(a) of By-law No.
4721-05, amendment to Zoning By-law No. 2213-78, second suite
dwelling units do not require servicing allocation from Council.
-9-
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010 ITEM # 1 - 10
7.9.1.6 Home Occupations
Where a single detached dwelling unit, semi-detached dwelling
unit, or link house dwelling unit contains a second suite dwelling
unit and is permitted to have a home occupation, the home
occupation shall be permitted in only one unit, in accordance with
the provisions of Section 6.21.
7.9.1.6 Oak Ridges Moraine
Second suite dwelling units are not permitted in the "C-ORM",
"NL-ORM", "NC-ORM" and "EP-ORM" Zones In accordance with
the Oak Ridges Moraine Conservation Plan, Amendment No. 48
to the Town of Aurora Official Plan and this By-law.
Second suite dwelling units are not permitted In the "Oak Ridges
Moraine Settlement Area" where a zone symbol is followed by the
letters "ORM", without an amendment to, or relief from, this By-
law, In accordance with Amendment No. 48 to the Town of Aurora
Official Plan and this By-law.
Notwithstanding any provision to the contrary, where this Section
is in conflict with Section 34 of this By-faw (General Provisions for
the Oak Ridges Moraine Conservation Plan Area), the provisions
of Section 34 shall prevail.
7.9.1.7 Watercourses
Second suite dwelling units are not permitted in buildings located
within the flooding and erosion hazard limits of all watercourses.
7.9.1.8 Second Suite Specifications
Floor Area - (Minimum) 35.0 square metres
ii) Notwithstanding any provision to the contrary, not more than
one entrance is permitted within any main wall facing a
street line.
3. THAT the provisions of this By-law shall come into force and take effect
upon third reading, subject to compliance with the provisions of the Planning
Act; R.S.0.1990, c.P.13, as amended.
READ A FIRST AND SECOND TIME THIS DAY OF , 2010.
READ A THIRD TIME AND FINALLY PASSED DAY OF , 2010.
PHYLLIS M. MORRIS, MAYOR
JOHN LEACH, TOWN CLERK
-10-
SPECIAL GENERAL COMMITTEE AGENDA - January 27, 2010 ITEM # 1 -11'
Explanatory Note
Re: Zoning By-law No. __.710.D
By-law Number w 10;D has the following purpose and effect:
To amend By-law 2213-78, as amended, being the Zoning By-law in effect in the
Town of Aurora, In order to permit second suites In detached, semidetached and
link house dwellings subject to specific provisions.
-11-