AGENDA - Special Council - 20081126SPECIAL COUNCIL
PUBLIC PLANNING
111THI Jill, I
NO.08-31
WEDNESDAY, NOVEMBER 2612008
7:00 P.M.
COUNCIL CHAMBERS
AURORA TOWN HALL
PUBLIC RELEASE
21/11/08
ITA
sex
TOWN OF AURORA
SPECIAL COUNCIL - PUBLIC PLANNING MEETING
AGENDA
NO. 08-31
Wednesday, November 26, 2008
7:00 p.m.
Council Chambers
DECLARATIONS OF INTEREST
APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda be approved as presented.
PLANNING APPLICATIONS
READING OF BY-LAWS
RECOMMENDED:
THAT the following listed by-law be given 1st, 2nd and 3rd readings, and
enacted:
5092-08.0 BEING A BY-LAW to Confirm pg. 42
Actions by Council Resulting From
Special Council Public Planning
Meeting 08-31 on November 26,
2008
Special Council — Public Planning Meeting 08-31 Page 2
Wednesday, November 26, 2008
V ADJOURNMENT
AGENDA ITEMS
1. PL08-126 — Proposed Official Plan Amendment and Zoning By-law pg. 1
Amendments for Second Suites (Two -Unit Houses/
Basement Apartments)
Files D09-04-08 and D14-18-08
RECOMMENDED:
THAT report PL08-126 be received as information; and
THAT any comments received be addressed by the Planning and
Development Services Department in a future report; and
THAT staff be authorized. to schedule an additional public meeting/open
house for public input and consultation.
2. PL08-125 - Zoning By-law Amendment Application pg. 10
Dr. Dean McClelland and Caroline McClelland
65 Wellington Street East
Lot 6, Plan 68
File D14-15-08
RECOMMENDED:
THAT report PL08-125 be received as information; and
THAT Council determine its position with respect to the application,
subject to public comments received.
3. PL08-124 — Draft Plan of Subdivision and Zoning By-law pg. 21
Amendment Applications
Daniels LR Corporation
15933 Bayview Avenue
Files D12-03-06 and D14-17-06
RECOMMENDED:
THAT report PL08-124 be received as information; and
THAT Council determine its position with respect to the application,
subject to public comments received.
PUBLIC.PLANNING - NOVEMBER 26, 2008
ITEM# 1-1
Aul RA TOWN OF AURORA
PUBLIC PLANNING MEETING No. PL08-126
SUBJECT: Proposed Official Plan and Zoning By-law Amendments for
Second Suites (Two -Unit Houses/Basement Apartments)
Files D09-04-08 & D14-18-08
FROM: Marco Ramunno, Director of Planning & Development Services
DATE: November 26, 2008
RECOMMENDATION
THAT report PL08-126 be received as information, and any comments received be
addressed by the Planning and Development Services Department in a future report,
and that, Staff be authorized to schedule an additional public meeting/open house
for public input and consultation.
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 official plan policies and zoning by-law
provisions.. This report and public meeting will present the information provided to Council
in the previous report to members of the public, in order to get their initial reaction and
feedback on the matter. This report will elaborate on the information previously provided,
including providing a description of the second suites registration process. Although this
meeting will address the public meeting requirements of the Planning Act, it is the
Department's intention to provide a greater opportunity for public involvement through
further public meetings or open houses, the need. for which will be further determined
following this initial public meeting.
BACKGROUND
History
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. At the Council meeting held on April 8,
2008, Council resolved that Staff report back on the status of the Second Suites Study and
that the item be dealt with separately from the official plan review process. 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.
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PUBLIC PLANNING - NOVEMBER 26, 2008 ITEM # " 2
November 26, 2008 - 2 - Report No. PL08-126
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
(Bill 20).
Notification
Notice of the subject application was given in theAuro�a Era Banner on.November4, 2008
and a copy of the notice has also been placed on the Town's website. As of November 19,
2008, no comments have been received by the Planning and Development Services
Department.
Location
Staff are studying second suites on a Town wide basis.
COMMENTS
Definition of Second Suites
The Region defines a second suite as "an umbrella term that represents. basement
apartments, accessory apartments or any other form of secondary residential unit in a
house where the residence itself contains only two units (including the second suite).
Second suites can be installed on any floor of a residence, but must have their own private
kitchen and bathroom facilities, as well as a separate entrance (with locked door) to the
suite." Rooming, boarding, or lodging houses are not considered to be second suites.
Some municipalities also define second suites by their size in proportion to the primary
residence.
Regional Policy
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. Regional policy encourages the provision of
second suites and that the Regional Official Plan recognizes that "an integrated range of
affordable housing options in York Region is critical." The Regional Official Plan also
contains an objective "to support zoning provisions that are flexible enough to permit a
broad range of housing forms, types, sizes and tenures including second suites in houses."
The York Region Housing Supply Strategy contains a key action to "work with area
municipalities to encourage the creation of accessory apartments in all single and semi-
detached dwellings subject to rigorous safety standards." There are a number of other
Regional documents containing recommendations regarding increasing the supply of
affordable housing and encouraging a mix of housing types and tenures..
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PUBLIC PLANNING - NOVEMBER 26, 2008
ITEM# 3
November 26, 2008 - 3 - Report No. PL08-126
Furthermore, the Region is currently undertaking a Growth Management Strategy in order
to update the Regional Official Plan and to conform to recent Provincial initiatives, including
intensification. The Region recognizes second suites will have a role in contributing to the
Region's overall intensification target.
Provincial Policy/Legislation
In 1994 Ontario's NDP government passed Bill 120 (the Residents Rights Act), which
amended the Landlord/Tenant Act, the Rent Control Act, the Rental Housing Protection
Act, the Planning Act and the Municipal Act. The Bill required municipalities to permit
second suites in all single and semi-detached dwellings as well as in townhouses, subject
to Building and Fire Code provisions. In 1996, Bil120was passed bythe new Conservative
government and restored power to municipalities to decide if second suites are permitted.
All second suites that were occupied on or prior to November 16, 1995 have been
grandfathered and are considered legal non -conforming in those municipalities that do not
permit them.
Second suites are encouraged by Provincial Policy. Places to Grow, The Growth Plan for
the Greater Golden Horseshoe encourages a range of housing types, taking into account
affordable housing needs. This Plan requires that municipalities develop and implement
through their official plan and other supporting documents, an intensification strategywhich
will in part "encourage the creation of secondary suites throughout the built-up area."
Furthermore, Places to Grow stipulates that 40% of all residential development occurring
annually shall be located within built up areas. The permission of second suites would be
one of the least obstructive ways to help meet this intensification target.
The Provincial Policy Statement speaks to the provision of an appropriate range of housing
types and densities, provision of affordable housing, and the facilitation of residential
intensification and redevelopment, including the expansion or conversion of existing
buildings. Under the Planning Act, as amended by Bill 61, 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.
Benefits of Second Suites
Some of the benefits that legalizing second suites would provide include:
• Assistance in achieving intensification targets;
+ making efficient use of existing housing stock and infrastructure;
+ providing affordable rental options for tenants; and
+ ensuring health and safety standards of the Building and Fire Codes are being met.
Barriers
There are a number of barriers to legalizing second suites such as:
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PUBLIC PLANNING - NOVEMBER 26, 2008
ITEM # '-4
November 26 2008 - 4 - Report No. PL08-126
Public reaction regarding concerns with property standards and parking;
impacts of increased density on hard and soft services; and
the cost of construction upgrades to meet the Building and Fire Code requirements.
Many of the units which would be registered are existing and there is little evidence that
legalizing second suites would result in a dramatic increase in them. Their legalization
would give municipalities a greater ability to account and plan for them. Water and
wastewater services could be sized to accommodate them and schools and other human
services could be properly planned for their occupants. From a safety perspective,
legalized second suites would be inspected and regulated.
Municipalities Permitting Second Suites
Outside of York Region, approximately half of the municipalities within the GTA currently
permit second suites. These municipalities tend to have a by-law registration process for
second suites, as well as restrictions relating to structure types and parking requirements.
In York Region, second suites are currently permitted in East Gwillimbury and Newmarket.
East GwillimburV
East Gwillimbury began to permit second suites in 1994 following the approval of Bill 120
and updated their policies to conform with Provincial legislation in 1995. In 1998, the Town
passed a by-law under Section 34 of the Planning Actwhich created a formal registration
process for second suites. Second suites in this municipality can only be built in single or
semi-detached dwellings and there is a requirement for a total of four on -site parking
spaces as well as sufficient servicing. Furthermore, basement apartments are not
permitted, as second suites must be at least 50% above grade. Through registration,
second suites are inspected to meet the requirements of the Building Code, Fire Code,
Zoning By-law and Property Standards.
Newmarket
Newmarket began registering all second suites in 1998 when second suites were not
permitted, and the list only included units that had been grandfathered. The Town passed
a by-law in 2003 permitting second suites and created a registry for keeping track of them.
Second suites are only permitted in single or semi-detached dwellings that are not located
within a floodplain and second suites are permitted in basements if all other municipal
codes are met.
The residence must have four exterior, on -site parking spaces and not exceed a maximum
driveway width. The second suite must be secondary to the primary unit and cannot
change the residential character of the residence or have a negative impact on the
surrounding neighbourhood. All units must be registered and subject to an inspection by
Fire Services and the Electrical Safety Authority. Registration is valid for a period of 10
years or until the property changes ownership, at which time the new property owner must
register.
-4.
PUBLIC PLANNING - NOVEMBER 26, 2008
ITEM
November 26, 2008 - 5 - Report No. PL08-126
Markham
Markham is currently working on a by-law to permit second suites. In the spring of 2008,
the Town held two public meetings to get feedback from residents. on the proposed
amendments to the Zoning.By-law to permit second suites in detached and semi-detached
houses, subject to certain requirements. Council has directed Staff to report back to
another meeting in the future. Markham's Official Plan permits second suites in single and
semi-detached dwellings provided that, among other things, all the requirements of the
zoning by-law, Ontario Building Code and property standards can be satisfied. The current
version of the Markham draft by-law would permit one accessory dwelling unit in a single or
semi-detached dwelling in any zone provided:
• Both the principle dwelling unit and the secondary dwelling unit are wholly contained
within the same single or semi-detached dwelling;
• there are no more than two dwelling units on the same lot;
• the maximum floor area of the secondary dwelling unit is no more than 45% of the
floor area of the single or semi-detached dwelling unit as it existed prior to the
establishment of the secondary dwelling unit;
• the secondary dwelling unit has a floor area of no less than 35 m2 (377 e);
+ no more than one dwelling entrance is contained within any main wall facing a
streetline;
• the entrance to either the principle or secondary dwelling unit is not contained within
the garage door; and
• all other provisions of the zoning by-law are complied with..
The Town of Markham has a section of their website dedicated to their proposed second
suites by-law. This section contains a chart entitled "Second Suites Permissions in Other
Greater Golden Horseshoe Communities," which compares the second suite by-law
provisions of the municipalities in the chart. This chart has been appended to this report
for Council's information and will be very useful in drafting the applicable by-law provisions
for Aurora.
Registration Process
Most municipalities that permit second suites also require their registration through the
passing of a by-law, In Aurora, second suites are 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.
.5
PUBLIC PLANNING - NOVEMBER 26.12008
ITEM # - 6
November 26, 2008 - 6 - Report No, PL08-126
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.
Agency Comments
The only comments received to date are from the Lake Simcoe Region Conservation
Authority who does not object to a second suites policy/by-law subject to the following
conditions:
Second Suites not being permitted within structures which are located within the
flooding and erosion hazard limits of all watercourses, to ensure conformitywith the
Provincial Policy Statement; and
Prior to the issuance of a municipal building permit to allow for the creation of a new
Second Suite or the alteration of an existing Second Suite, written approval or a
permit may be required under other applicable laws and regulations such this
Authority's Development, Interference with Wetlands and Alteration to Shorelines
and Watercourses Regulation (Ontario Regulation 179106) made under the
Conservation Authorities Act.
OPTIONS
Option 1
As stated in the recommendation of this report.
Option 2
Council may choose to have the applications proceed directly to a. General Committee
meeting upon further review of the matter and the drafting of the implementing documents.
Option _3
Council may choose not to proceed with the study if they no longer feel there is merit in
doing so at this time.
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.
-6-
PUBLIC PLANNING - NOVEMBER 26, 2008 ITEM # " 7
November 26, 2008 - 7 Report No. PL08-126
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.
LINK TO STRATEGIC PLAN
The Strategic Plan contains objectives to ensure high quality, comprehensive community
planning to protect the overall investment of citizens in the community. Further review of
the second suites issue in Aurora would,meet this objective. As stated above, it would also
meet the objective of enhancing and promoting public safety.
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
CONCLUSION
On August 12, 2008, Council directed Staff to proceed with an initial public meeting for the
second suites policy/by-law. Staff have conducted some preliminary research into the
matter and decided that it would be beneficial to have a public meeting before the end of
the year to obtain input from the public before proceeding further with the study. This
meeting is intended to be an initial meeting and a further public meeting or open house can
be held if Council desires.
ATTACHMENTS
Appendix A: Second Suites Permissions in Other Greater Golden Horseshoe
Communities (Official Website of the Town Of Markham)
PRE -SUBMISSION REVIEW
Management Team Meeting - November 19, 2008
Prepared by: Fausto Filipetto, Policy Planner
Extension 4342
Marco a unno,
Director of Planning & Development Services
7-
PUBLIC PLANNING - NOVEMBER 26, 2008
ITEM # - a
APPENDIX A
SECOND SUITE PERMISSIONS:
GREATER GOLDEN HORSESHOE
COMMUNITIES
PUBLIC PLANN
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PUBLIC PLANNING - NOVEMBER 26, 2008
ITEM # 2 - 1
TOWN OF AURORA
AUR_URA PUBLIC PLANNING MEETING No. PL08-125
SUBJECT: Zoning By-law Amendment Application
Dr. Dean McClelland and Caroline McClelland
65 Wellington Street East
Lot 6, Plan 68
File Number: D14-15-08
FROM:' Marco Ramunno, Director of Planning and Development Services
DATE: November 26, 2008
RECOMMENDATION
THAT report PL08-125 be received as information and that Council determine
their position with respect to the application, subject to public comments
received.
PROPOSAL
The applicant has submitted a Zoning By-law Amendment application to rezone the
subject lands to a site specific "Special Mixed Density Residential (R5-X) Exception
Zone" to permit a chiropractic office, having a maximum of two practitioners, on the
main floor of the existing building. The second floor of the building will continue to be
utilized for residential purposes and an eight (8) space parking lot is proposed to be
constructed at the rear of the property to support the proposed use. To enable the
subject development the applicant is requesting the following amendments to the
Zoning By-law as it relates to the subject lands.
To permit a business and professional office use as an additional permitted use
■ an exception to Section 6.26 of the Zoning By-law to reduce the required
manoeuvring space standard from 7.4 metres (24ft) to 7.0 metres (23ft);
■ an exception to Section 6.27.8(a) of the Zoning By-law to reduce the minimum
ingress and egress requirement from 4.0 metres (13ft) to 3.35 metres (11ft); and
■ an exception to Section 6.31 of the Zoning By-law to reduce the minimum interior
side yard buffer strip requirement from 1.5 metres (5.0ft) to 0.0 metres along the
eastern property limit from the front lot line running south for a distance of 21.74
metres (71.33 ft).
NOTIFICATION
On November 4, 2008 Notice of a Public Meeting respecting the subject application was
advertised in the Aurora Banner, distributed by mail to all assessed property owners
within 120 metres (393 feet) of the subject property, and a sign was posted along the
Wellington Street frontage of the subject lands. As of November 19, 2008, no
comments have been received by the Planning and Development Services Department.
-10-
PUBLIC PLANNING - NOVEMBER 265 2008 ITEM # 2 - 2
November 26, 2008 - 2 - Report No. PL08-125
BACKGROUND
Location
The subject property is located on the south side of Wellington Street, between Wells
and Larmont Street, and is municipally described as 65 Wellington Street East (see
Figure 1). The subject lands have the following characteristics (see Figure 2):
A site area of approximately 1,0200 (0.25 acres);
15.47 metres (50.75 ft) of frontage along Wellington Street East;
an existing 2-storey single detached dwelling known as The Graham House,
which is listed on the Town of Aurora Register of Properties of Cultural
Heritage Value or Interest, that is setback approximately 4m (13ft.) from the
front yard property line.
Surrounding Land Uses
The surrounding land uses are as follows:
North: Wellington Street East, beyond which
Exception zoned lands);
South: Existing residential (R5 zoned lands);
East: Existing business and professional office
and
West: Existing residential (R5 zoned lands).
COMMENTS
Planning Considerations
Official Plan
is existing residential (R5 and R5
use (R5-32 Exception zoned lands);
The subject lands are designated "Urban Residential" by the Town of Aurora Official
Plan. In addition, the subject property is also located within the Town's designated
"Heritage Resource Area". To support the. viability of Aurora's Heritage Resource Area,
the Official Plan contains policies that permit limited commercial uses, such as small
scale business and professional offices, within Urban Residential and Heritage
designated areas. Such uses are subject to a site plan agreement and the availability of
sufficient on -site parking which is screened to protect adjacent residential areas.
Proposed Use
The proposed business and professional office use as an additional permitted use on
the subject lands is considered compatible withsurrounding residential R5 and site
specific R5-X Exception zoned land uses. The applicant intends on operating a
chiropractic office, to a maximum floor are 133m2 (1,432ft2) on the main floor, which will
have two or less practitioners. The propose use will provide small-scale health services
for the community and is considered in keeping with the Official Plan policies.
-11-