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Home My WebLink AboutPD 02-12Report To ; Planning & Development Committee PICKERING Report Number: PD 02-12 Date: January 9, 2012 27 From: Neil Carroll Director, Planning & Development Subject: The Strong Communities through Affordable Housing Act, 2011 Proposed Amendments to the Planning Act for Second Units File: L-1100-042 Recommendation: That Report PD 02-12 of the Director, Planning & Development, on amendments to the P/anning Act, through the Strong Communities through Affordable Housing Act, 2011, be received for information; and 2. Further, that should the remaining sections of the Strong Communities through Affordable Housing Act, 2011, be proclaimed in 2012 as anticipated, that an appropriate review process be undertaken to bring the Pickering Official Plan and City's zoning by-laws into conformity with the new Planning Act provisions for second units. Executive Summary: Currently, the City permits a second unit (that is, an accessory dwelling unit) within a detached or semi-detached dwelling unit, as of right through the zoning by-law, subject to several restrictions. The City does not have a general zoning provision permitting an accessory dwetling unit within an ancillary building or structure. Changes to the second unit provisions of the Planning Act are anticipated through proclamation of remaining sections of the Strong Communities through Affordable Housing Act, 2011 early in 2012. These changes will require municipalities to pass official plan policies and zoning by-laws to permit second dwelling units in detached dwellings, semi-detached dwellings and townhouses, or in an ancillary building or structure on the lot, but not in both. City staff will consider the required conformity amendments during the preparation of the 2012 and 2013 Planning & Development work programs. As with the previous official plan and zoning amendments for accessory dwelling units, the involvement of staff from other divisions including Fire and Corporate Services will be necessary. The conformity amendments are not subject to appeal. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. Report PD 02-12 January 9, 2012 Subject: The Strong Communities through Affordable Housing Act, 2011 Page 2 Sustainability Implications: Access to affordable housing is an important aspect of a healthy society. Background: 1.0 The Province has passed legislation to assist in creating more affordable housing. The Strong Communities through Affordable Housing Act, 2011 (Affordable Housing Act) is part of the Province of Ontario's Long-Term Affordable Housing Strategy. The Strategy was released by the Minister of Municipal Affairs and Housing in November 2010. The Strategy is a result of provincial consultation and lays the groundwork for the provision of affordable housing throughout Ontario. The Affordable Housing Act received Royal Assent on May 4, 2011. Certain sections came into force at that time, while proclamation of other sections, notably those related to second dwelling units, are anticipated to be proclaimed in January 2012. The Affordable Housing Act also enacts the Housing Services Act, 2011, repeals the Social Housing Reforms Act, 2000, and makes complementary and other amendments to various Acts including the P/anning Acf. Amendments to the Planning Act are the focus of this report. 2.0 The Amendments to the Planning Act are intended to increase the affordable housing supply by facilitating the creation of second units. Key changes to the Planning Act are as follows: (a) adds a specific reference to "affordable housing" in the matters of provincial interest in section 2 of the Planning Act; (b) requires municipalities to establish official plan policies and zoning by-taw provisions to allow second units in single detached dwellings, semi- detached dwellings and townhouses, if no building or structure anciltary to these housing types contains a residential unit; (c) requires municipalities to establish official plan policies and zoning by-law provisions to allow dwelling units in buildings or structures ancillary to single detached dwellings, semi-detached dwellings and townhouses if these houses contain a single residential unit; (d) removes the ability to appeal official plan policies and zoning by-law provisions (including any related standards) concerning second units to the Ontario Municipal Board; Report PD 02-12 January 9, 2012 Subject: The Sfrong Communities through Affordable Housing Act, 2011 Page 3 29 (e) provides authority for the Minister of Municipal Affairs and Housing to make regulations authorizing the use of, and establishing requirements and standards for second units that can override local regulations; and (fl increases the number of years garden suites (also known as granny flats) may be authorized from 10 to 20 years. Items (b) through (e) are anticipated to be proclaimed in January 2012. 3.0 Pickering will need to implement official plan and zoning changes to conform to the new Planning Act provisions. The Pickering Official Plan has housing objectives and policies which acknowledge the importance of providing a broad diversity of housing by form, location, size, tenure, and cost, including the provision of an adequate supply of affordable, rental, assisted and special needs housing. The Official Plan also states that accessory residential units are not included in the calculation of residential densities. Further, the Official Plan includes a general policy that City Council shall zone to permit accessory apartments and garden suites where appropriate. Council passed zoning by-laws in 2004 permitting accessory units within a detached or semi-detached dwelling, subject to a number of conditions. An accessory dwelling unit is permitted within a detached or semi-detached dwelling provided: (a) a total of three parking spaces are provided on the property where the accessory dwelling is located; (b) the maximum floor area of an accessory dwelling unit is 100 square metres; (c) a home-based business is prohibited in either the main or the accessory dwelling unit; and (d) in the Rural Agricultural Zone, where a bona fide farmer has a second, (farm-related) dwelling, the accessory unit is not located within the second dwelling. The City did not zone as a general provision to permit accessory units within ancillary buildings or structures on a lot. However, some site-specific zonings have been approved. With the proclamation of the remaining sections of the Affordable Housing Act, it will be necessary to bring the Pickering Official Plan and the City's zoning by-laws into conformity to permit: (1) the use of two residential units in a detached house, semi-detached house or townhouse if no building or structure ancillary to the detached house, semi-detached house or townhouse contains a residential unit, subject to appropriate requirements and standards; and Report PD 02-12 January 9, 2012 Subject: The Sfrong Communities through Affordable Housing Act, 2011 Page 4 (2) the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or townhouse if the detached house, semi-detached house or townhouse contains a single residential unit, subject to appropriate requirements and standards. These official plan and zoning conformity amendments are not subject to appeal. 4.0 The Minister of Municipal Affairs and Housing is authorized to make regulations that prevail over local municipal zoning by-laws regarding accessory dwellings. The changes to the Planning Act will also allow the Minister to make regulations that: • authorize the second unit as set out in section 3.0 (1) and (2) above • establish requirements and standards with respect to the units that would apply as if they were a by-law passed under the zoning section 34 of the Planning Act • prevail in the event of a conflict with a zoning by-law • may provide that the regulation does not prevail over a zoning by-law • may be general or particular in its application; and • may be restricted to those municipalities or parts of municipalities set out in the regulation 5.0 A number of related issues need to be reviewed with undertaking the conformity amendments. In preparing the 2012/2013 Planning & Development Department work programs, staff will consider the timing and priority of the required conformity amendments. Preliminary issues that Planning & Development staff has identified for further review include the following: • whether changes to the current restrictions, or new ones, are required • whether any changes to the Fire Department registry of accessory units are required; and • whether the Development Charge By-law, which currently requires two charges to be paid if the accessory dwelling is built at the same time as initial construction, should be changed to further facilitate up-front construction with proper inspections Report PD 02-12 January 9, 2012 Subject: The Strong Communities through Affordable Housing Act, 2011 Page 5 Prepared By: Deepak Bhatt, MCIP, P Planner II - Policy Catherine Rose, MCIP, RP Manager, Policy DB:CR: jf Copy: Chief Administrative Officer Approved/Endorsed By: Neil Carr , RPP Director, C 'ng & Development Recommended for the consideration of Pickering ~ty Coynqil , 22, Zn il 31 Tony Prevedel, P.Eng. Chief Administrative Officer