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AGENDA - Special Council - 20090923SPECIAL COUNCIL PUBLIC PLANNING AGENDA NO.09-25 WEDNESDAY, SEPTEMBER 23, 2009 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE September 18, 2009 All AiJIZORA TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 09-25 Wednesday, September 23, 2009 7:00 p.m. Council Chambers DECLARATIONS OF INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the agenda be approved as presented III PLANNING APPLICATIONS IV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5170-09 BEING A BY-LAW to Confirm Actions by Council pg. 13 Resulting from Special Council — Public Planning Meeting 09-25 on September 23, 2009 V ADJOURNMENT Public Planning Meeting Agenda Wednesday, September 23, 2009 Page 2 of 2 AGENDA ITEMS 1. PL09-070 — Proposed Zoning By-law Amendment for pg. 1 Second Suites (Two -Unit Houses/Basement Apartments) File No. D14-18-08 RECOMMENDED: 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. PUBLIC.. G AGENDA - September 23, 2009 AuRPRA ')owYe ic, gnoG Cori cprai+y - RESOLUTION FORM PUBLIC PLANNING MEETING - SEPTEMBER 23, 2009 , ITEM # 1 Moved. By Seconded By Resolution: 1. PL09-070 — Proposed Zoning By-law Amendment for Second Suites (Two -Unit Houses/Basement Apartments) File No. D14-18-08 RECOMMENDED: THAT report PL09-070.6e 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. Proposed Resolution/Amendment (if applicable): CARRIED DEFEATED -7- PUBLIC PLANNING AGENDA - September 23, 2009 -2. PUBLIC PLANNING AGENDA - September 23, 2009 ITEM #1 TOWN OF AURORA AURORA PUBLIC PLANNING MEETING No. PL09-070 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. September 23, 2009 RECOMMENDATION 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. PURPOSE The purpose of the subject study, is to review the approaches taken by other municipalities regarding second suites, and to see if these approaches are desirable and could be appropriately applied to Aurora in the form of zoning by-law provisions. This is the second public planning reportimeeting on the -matter, which is intended to provide an update as well as address any of the previously received comments. Although this is the second public meeting on the matter, the Planning and Development Services Department is committed to meaningful public involvement and therefore further public meetings or open houses may be required in order to obtain the necessary public input. BACKGROUND Statutory Public Plannina Meetin The statutory public planning meeting was held for second suites on November 26, 2008. At the meeting Council received the report as information, directed Staff to address any comments received in a future report and authorized Staff to hold at lease one additional public meeting. Comments received were as follows: • that the City of Barrie be considered when reviewing this matter • if a home is sold, the new owner should re -apply • concern about multiple second suites per dwelling • concern about second suites that are already existing • that findings from the Secondary Dwelling Unit Task Force be taken into consideration -3- PUBLIC PLANNING AGENDA - September 23, 2009 September 23 2009 - 2 - Report No. PL09-070 that matters such as safety within unit, schools, garbage, water, parking and hydro be considered • that another public meeting be held there are many illegal apartments in Aurora, if apartments are legal, they must have insurance, therefore, the illegal ones must be brought up to standard Histo At the Council meeting of February 24, 2004 Council recommended a Secondary Dwelling Units (SDU) Task Force be established to examine local issues, review as -of -right by-laws from various municipalities within the Greater Toronto Area and make recommendations to Council. On April 4, 2006, the SDU Task Force was dissolved by the General Committee and the issue of completing the mandated study tasks outlined in the Terms of Reference was referred to the 2007 to 2010 term of Council. Staff reported back to Council on August 12, 2008 and were 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 planning meeting. Second suites in houses are currently not permitted in Aurora unless they were in existence on November 16,1995 and have been grandfathered under Provincial legislation (BN 20). Notification Notice of the subject application was given in the Aurora Era Banner on September 15, 2009 and September 22, 2009 and a copy of the notice has also been placed on the Town's website. Furthermore, interested parties have been personally mailed the notice. As of September 15, 2009, no comments have been received by the Planning and Development Services Department. Location Staff are studying second suites on a Town wide basis. Secondary Dwelling Unit Task Force As requested, Staff have reviewed the minutes from the SDU Task Force meetings that were held and have summarized the minutes below for Council's information. Although the Task Force collected some information and had some discussion, a product was not completed prior to it being dissolved on April 4, 2006. -4. PUBLIC PLANNING AGENDA - September 23, 2009 September 23, 2009 - 3 - Report No. PL09-070 May 19, 2005 At the meeting held on May 19, 2005 the Director of Building Administration indicated that generally within municipalities ten to twenty percent of residences are second suites, which would give Aurora approximately 1300 units. This is much higher than the 120 units that are registered. The Task Force members considered that the availability of affordable housing, ensuring compliance with the building and fire codes for safety purposes, and consideration of cultural issues all have to be kept in mind as they begin their mandate of reviewing second suites. September 16, 2006 At the meeting held on September 15, 2005 the Deputy Treasurer advised the 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 secondpry dwelling unit is not a major factor in the CVA of a particular property. A Task Force Member and the Director of Building Administration explained that inspection of second suites are complaint driven and conducted to ensure compliance with the Ontario Fire Code. An inspection report detailing any deficiencies of the second suite is provided to the property owner, who then has 30 days to comply. Public safety is the priority when conducting inspections of a second suite. October 20, 2005 At the meeting held on October 20, 2005, the Director of Building Administration advised that he met with the Executive Director of Housing Help Centre (HHC) and confirmed that the HHC is a placement agency for people seeking opportunities for accommodation. The Director advised that the HHC as an organization does not carry out inspections to confirm whether or not a dwelling unit is in compliance with either the Fire or Building Codes. February 23, 2006 At the meeting held on February 23, 2006, the Director of Building Administration outlined two major options that the Task Force needs to consider with second suites within the municipality. These options are whether or not to amend the official plan and the zoning by-law to permit second suites, or to recommend a process to address the existing second suites only to ensure their safety and compliance with the legislation. It was also discussed whether or not what this Task Force was instructed to do falls under the jurisdiction of the Planning and Development Services Department. City of Barrie Second Suites By-law The City of Barrie zoning by-law states that "a free standing detached dwelling in an RM1- SS Zone may be constructed or converted to include a second dwelling unit provided: a) The property exists within a plan of subdivision that was registered after January 1, 2004; -5- PUBLIC PLANNING AGENDA - September 23, 2009 September 23, 2009 - 4 - Report No. PL09-070 b) The entrance to each unit shall be by way of an exterior entrance door, or a door from a common entrance; c) That notwithstanding the Table of Off-street Parking requirements.....the following shall apply to a two unit house: A minimum of two parking spaces, shall be provided and located a minimum of 7m from the front lot line. II. A paved driveway of a minimum width of 5.4m shall be provided; III. Tandem parking is permitted; IV. No required parking spaces shall be located within the front yard. Second suites are also permitted in other "Multiple -Family Dwelling" zones which permit single -detached, semi-detached and duplex dwellings. However, the "RM1-SS" Zone provides for reduced lot area and frontage requirements of 400 mZ (4300 fZ) and 12 metres (40 feet) inorderto provide for the permission of second suites in new developments. Second suites in the " RM1-SS Zone are only permitted if the property exists within a plan of subdivision that was registered after January 1, 2004. City of Barrie Planning Staff have indicated that the reason for this is to ensure that second suites containing reduced standards for lot area and frontage are only permitted in new developments, thus allowing for proper notification through the subdivision planning process. This by-law would therefore not allow for the legalization of second suites in zones that permit detached dwellings exclusively. Response to Other Public Comments One of the principle reasons and benefits of legalizing second suites through a zoning by- law amendment is ensuring that the health and safety standards of the Building and Fire Codes are being met. New and existing second suites would require registration and inspection by the appropriate authority. Most municipalities that permit second suites require their registration through the passing of a by-law. In Aurora, second suites are currently only permitted if they were occupied on or prior to November 16, 1995. The registration is done through Central York Fire Services who verifies that the suites were in existence prior to 1995, in accordance with the Provincial legislation and the Fire Code. Central York Fire Services conducts an inspection to ensure compliance with the Fire Code. They identify areas to be addressed and perform follow-up inspections as necessary. Central York Fire Services also obtains a certificate from the Electrical Safety Authority indicating that a satisfactory electrical inspection was undertaken. The registration cost is $168.00, including taxes and inspection and at last count there were 204 units registered in Aurora. In the Town of Newmarket the registration of a second suite is valid fora period of 10 years or until the property changes ownership, at which time the new property owner must register. -6. PUBLIC PLANNING AGENDA - September 23, 2009 September 23, 2009 - 5 - Report No. PL09-070 This ensures the safety of the unit is maintained as any changes which may have been made within the 10 year period or upon change in ownership would be inspected. The Town of Aurora would considerthis process when drafting a registration by-law for second suites. Another principle reason and benefit of legalizing second suites through their registration is that it would give the Town a more realistic idea of how many second suites exist. This will in turn allow the Town to better plan for hard and soft services such as water and sanitary services, utilities, schools and garbage pick up. Finally, there was a concern expressed that a dwelling may contain multiple second suites. The zoning by-law will be clear that dwellings containing a second suite would be limited to two units only. PolicvlBv-law Update File No. D09-04-08 At the statutory public planning meeting held in November of last year, the subject application for zoning by-law amendment was accompanied by a proposed amendmentto the official plan (File No. D09-04-08). At this time, the Town was contemplating including some general policies regarding second suites to the official plan. The Town is currently in the beginning stages of conducting a five year official plan review, and it has therefore been determined that this would serve as an appropriate process for including any desired policies regarding second suites. Provincial/Regional Policy The first public planning report (Report No. PL08-126) identified some key Provincial and Regional policies, strategies, and pieces of legislation that encourage and support second suites such as: The Provincial Policy Statement, Places to Grow- The Growth Plan forthe Greater Golden Horseshoe, Bill 61, the Regional Official Plan and the York Region Housing Supply Strategy. The Region identifies a need for.an increased amount of affordable rental housing and states that the provision of legal second suites would assist in meeting the need for affordable rental housing. Furthermore, the Canada Mortgage Housing Corporation estimates that in Toronto and Vancouver, where second suites are permitted, they make up close to 20% of the total rental stock. Draft Regional Official Plan (June 2009) The Region is currently in the process of revising their official plan and have released a draft in June 2009. The draft official plan contains an objective "To promote an appropriate mix and range of acceptable housing to meet the needs of residents and workers." It also contains the following policies which support the provision of second suites: 3.5.4 To require that local municipal official plans and zoning by-laws permit a mix and range of housing types, lot sizes, unit sizes, functions, tenures and levels of affordability within each community. -7- PUBLIC PLANNING AGENDA - September 23, 2009 September 23, 2009 - 6 - Report No. PL09-070 The mix and range of housing shall be consistent with Regional forecasts, and intensification and density requirements. 3.5.6 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. 3.5.7 That, in addition to policy 3.5.6, a minimum of 35% of new housing units in Regional Centres and Regional Corridors be affordable, offering a range of affordability for moderate income households. 3.5.8 To encourage the development of intrinsically affordable housing, which includes modest amenities, standard materials, minimal details and flexibility within units. 3.5.9 To work towards an affordable housing implementation framework in partnership with local municipalities and the development industry to achieve targets in this plan. 3.5.20 To encourage the construction of new rental units with a full mix and range of unit sizes, including family -sized and smaller units. Furthermore, the draft official plan specifically contains a policy which states "That local municipalities shall include as-of-right"secondarysuite policies, on a municipal wide basis, in local official plans and zoning by-laws (3.5.22)." Other Municipal Second Suites By-laws Staff have studied second suites by-laws in other municipalities and have found that forthe most part they are permitted in single or semi-detached dwelling units only. Some municipalities have a minimum size requirement. This ranges from 25 m2 (269 f2) in Ajax to 42 m2 (462 f2) in Burlington. Some municipalities have decided to control the maximum size of second suites as well. Toronto, Ajax and Newmarket requires that they are secondary in size to the principle unit. Guelph requires that they are not greater than 45% of the total floor area to a maximum of 100 m2 (1076 fz), with a maximum of 2 bedrooms. Pickering and Burlington also has a maximum size requirement of 100 m2 (1076 f ), and Burlington also requires that they not exceed 40% of the entire floor area. Most municipalities do not have a minimum lot area or frontage requirement, with the exception of Burlington and Barrie who require minimum frontages of 15 metres (50 feet) with a minimum 135 m2 (1,453 e) rear yard amenity area and 12 metres (40 feet) with a minimum lot area of 400 m2 (4300 f2). The requirements for parking range from 1 space for the second suite to 4 spaces, and most municipalities require municipal water and sewer with the exception of Guelph who permit dual servicing. Finally, several municipalities require that the second suite contain a separate entrance. A comparison chart detailing the above has been attached to this report as Appendix "A". .8- PUBLIC PLANNING AGENDA - September 23, 2009 September 23, 2009 - 7 - Report No. PL09-070 Next Steps The next steps in the study process is to report back as to what provisions a second suite by-law in Aurora would contain, taking into consideration any input received at the public planning meeting. Given the policies put in place by both the Province and the Region as they relate to affordability, rental housing, intensification and second suites, the Town's challenge will be to put into place zoning provisions which encourage the registration and provision of second suites, while trying to minimize any negative impacts that may potentially be created. An example of this would be to permit second suites in row and linked dwellings as well as in single and semi-detached dwellings, if all other zoning provisions such as parking could be met. OPTIONS Option 1 Council has the option of once again specifically directing Staff to hold another public meeting or open house, just as they did at the statutory public planning meeting held last November. Option 2 Council may choose not to proceed with the study if they no longer feel there is merit in doing so at this time. However, it should be noted that once the Draft Regional Official Plan is approved, the Town will be required to permit second suites in our planning documents, unless Regional Council decides to eliminate the policy which mandates municipalities to include "as -of -right" second suite policies, on a municipal wide basis, in local official plans and zoning by-laws. FINANCIAL IMPLICATIONS There would be no costs associated with this study, however if second suites were to be permitted there would be 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. SERVICING ALLOCATION The issue of impact on servicing allocation would need to be considered. PROVINCIAL POLICY As stated above, permitting second suites would be in keeping with Provincial Policy. .9. PUBLIC PLANNING AGENDA - September 23, 2009 September 23, 2009 - 8 - Report No. PL09-070 CONCLUSION The statutory public planning meeting was held for second suites on November 26, 2008. At the meeting Council directed Staff to address any comments received in a future report and authorized Staff to hold at lease one additional public meeting. Some time has passed and Staff believe that now is a good time to hold a second public planning meeting in order to address the comments made at the first public meeting, as well as to provide an update on some of the policies at the Regional level. As previously mentioned, the next step in the process is to consider what .zoning provisions regarding second suites could be appropriately applied and are desirable for the Town of Aurora. It is therefore recommended 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. ATTACHMENTS Appendix A: Second Suites Permissions in Other Greater Golden Horseshoe Communities (OfFlclal WabSlte of the Town Of Markham) PRE -SUBMISSION REVIEW Management Team Meeting - September 9, 2009 Prepared by. Fausto Filipetto, Policy Planner Extension 4342 Marco Ramu o, M.C.LP., R.P.P. Neil Garbe Director of Planning & Development Chief Administrative Officer Services -10- PUBLIC PLANNING AGENDP - September 23, 2009 APPENDIX A SECOND SUITE PERMISSIONS: GREATER GOLDEN HORSESHOE COMMUNITIES -11- PUEtLIC PLANI s 41PG AG E, '�P -3 3piember 39 2 009 „ 2'g y W .+1 12 b C � u Aa qO R• OO ✓�' u EO Fi � �• � A .5 O .' 'J b 'g N y z'�m� zzzp y Eyz (n$.'94 z'M zz �3ww m N o M U] Tv a m k N N ry� •�L 4.. p � -• � a0 rm. m �O V ri y M mzm d t 01 � G E y gyp_ o ��00 4C� •�� T� mo��ya .. 5 mY0 Quiz O' ti eN..mz i zz •^o•'� 'dA a �'v �nihs fin° k+' m at q C NW•.e R. an�yy ss m Cigg y o��S�Yiac° 9U Sm C �o l 5 e I?5•w'E� 5 5� ems_ `N�' v � `�� Q �$°�'��•� � � • �.yjJ °° 'f/5] V a •�i $•,a3 � ^�� 'l-. �°CyS 1. F'pC� CmM m 'rN i O. L rn �+. w. m r/!'�+. •'l' rZi .Oi. V y Ld '� 50 'oH M 5 ^m •,�ry3ggq( .. 0 7 0 °' °n •�y 0 y�m � Lw a � O � � �v y� ,�ppQj, •YJ y i•'M 'zi t�. VI O %+ O LJ O •Ri O p vl w O Ti '.Ti W'� '�'. r� /+ � O O O 4 Vf Ii Y. N 4� m pqp .� 4y m o 10 RAN m eUu PUBLIC %NNIN4 AGENDA - September 22y 2009 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5170-09 BEING A BY-LAW to Confirm Actions by Council Resulting From Special Council - Public Planning Meeting 09-25 on September 23, 2009 THE COUNCIL OF THE CORPORATION OF THE TOWN Or AURORA HEREBY ENACTS AS FOLLOWS: 1. THATthe actions of the Council at its Special Council — Public Planning meeting held on September 23, 2009 in respect to each motion, resolution and other action passed and taken bythe CounGi(atthe said meeting is, exceptwhere prior approval of the Ontario Municipal Board is required, herebyadopted ratified and confirmed, 2. THAT the Mayor and the proper officers of the Towfi are hereby authorized and directed to do all things necessary to give.effect to the said action or to obtain approvals where required and to execute all documents as may be. necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS 23"' DA Y OFSEPTEMBER, 2009. READ A THIRD TIME AND FINALLY PASSED THIS 23' DAY OF SEPTEMBER, 2009, PHYLLIS M. MORRIS, MAYOR SHANNON BOYCHUK ACTING DEPUTY CLERK -13-