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Home My WebLink AboutPD 25-02 022 - - - ... REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: May 10, 2002 REPORT NUMBER: PD 25-02 SUBJECT: Two Units in Houses City of Pickering RECOMMENDATION: 1. That City Council receive for information the report of the Director, Planning & Development, dated May 10, 2002 report number PD 25-02. 2. That City Council authorize the Planning & Development Department to advertise and host a Public Information meeting in the Fall 0[:2002 for both Official Plan amendment and zoning by-law amendments that would permit two units in certain dwelling types. ORIGIN: Council Resolution of June 16, 1997 (#215/97 - Attachment No.1) authorizing the Planning & Development Department to initiate a zoning review addressing the establishment of two- unit houses. AUTHORITY: The Planning Act, RS.O. 1990, chapter 13 FINANCIAL IMPLICATIONS: The costs related to the advertising of a public meeting which is typical of any City initiated amendments to the Official Plan and Zoning By-laws. Every effort will be made to place notices in the Community Page to reduce advertising costs. EXECUTIVE SUMMARY: N/A BACKGROUND: 1.0 Discussion On June 16, 1997, Pickering Council considered an Interdepartmental Development Team Report (IDT Report No. 1/97) respecting two units in housing. City Council, through Resolution #215/97, provided direction to staff on the subject of two unit houses to, amongst other things, initiate a zoning review addressing the establishment of new two unit in houses. The issue of two unit houses, or accessory apartments, has been an issue that most major municipalities on Ontario have had to address in some fashion. Presently, there is no known accurate number of how many accessory apartments currently exist in Pickering, Report to Council PD 25-02 Date: May 10, 2002 023 Subject: Two Units in Houses Page 2 as there is no mechanism to accurately track this type of residential occupancy. The main source of information on the location of accessory apartments in the City comes ITom the Fire Services Division. They have been keeping a record of all the accessory apartments they have encountered through their home inspection program. - In 1994, the Province of Ontario passed the Residents' Rights Act (Bill 120) to allow self-contained second units in houses, provided Ontario Fire Code provisions and applicable planning standards were met. The law superceded local zoning by-laws and applied to detached, semi-detached and row houses located in all zones allowing residential uses, provided the building was connected to a municipal sanitary sewer. The Ontario Fire Code was also changed in 1994 to include safety requirements for apartments in houses. The provincial government then passed the Land Use Planning and Protection Act (Bill 20) which restored the municipal zoning authority to control where two unit houses may be created and the standards that would apply. This was the authority that was lost under the Residents' Rights Act. As a result. homeowners could not create new two unit houses unless the local zoning by-law permitted such a use. In Pickering none of the residential zones permit two unit houses. Since Council last dealt with this issue, staff have been researching the experiences of other municipalities and how they have dealt with two unit houses. Staff have also been attempting to inventory the location of two unit houses in the City. In order to advance this issue, it is now time to proceed to the next step, being the hosting of a Public Information Meeting on the issue of two units in certain dwelling types. - The topic of two unit housès was recently brought to City Council's attention in the report ITom the Regional Chair's Task Force on Sustainable 1 Affordable Housing. One of the recommendations of the Task Force was that area municipalities be encouraged to amend zoning by-laws to permit accessory apartments as-of-right in all detached dwellings, subject to Ontario Building and Fire Codes and local building codes and standards. Currently, as homes with accessory apartments are brought to the City;s attention the homeowner is required to submit an application to amend the zoning by-law to legalize the accessory unit. 2.0 Scope ofthe Investigation In preparing for the Public Information Meeting, staff will prepare an Information Report that will review and discuss the following: . the general location of existing and suspected two unit houses (both legal and illegal) in the municipality based on information from Fire Services and other sources the impacts of two unit houses on a neighbourhood a survey of other municipalities to prepare a comparative matrix of two unit house regulations the current rental apartment vacancy rate the need to track accessory dwelling units in the municipality in order to plan and provide service zoning performance standards that should be required if two unit houses are to be permitted public input derived from public notification and hosting a Public Information Meeting how permitting two unit houses relates to smart growth . . . . - . . . 024 - - - "'-......./' . Report to Council PD 25-02 Date: May 10, 2002 Subject: Two Units in Houses Page 3 After the public information meeting staff will: . analyze the results of the information that was gathered; identify options for possible Official Plan and zoning changes; prepare a report that summarizes the findings and recommendations; and, recommend any appropriate changes to the Official Plan and zoning by-laws. . . . 3.0 Procedural Requirements In order for staff to commence the work and to seek public input, Council authorization is required to advertise that the City of Pickering is considering City initiated applications to amend the Official Plan and Zoning By-law Nos. 2511, 2520, 3036 and 3037 in order to permit two unit houses. The advertisement will satisfy the Planning Act requirements regarding the notification of the City's intention to consider amendments that would permit two unit houses as of right in certain dwelling unit types in the City of Pickering. Staff anticipate hosting the Public Meeting on the proposed zoning amendments in the fall of this year with a recommendation report being brought forward for Council's. consideration by the year-end. ATTACHMENT: 1. City Council Resolution #215/97 Prepared By: Approved 1 Endorsed by: £~~ Ross Pym, MCIP, RP Principal Planner - Development Review / ¡ RP/td Attachment Copy: Chief Administrative Officer City Clerk Recommended for the consideration of Pickering City Council .. It ,.~ O~)~ -., ~ ATTACHMENT # _--1-ro REPORT # PO ;:z 5. - 02. - INTER. DEPARTMENTAL MEMORANDUM CLERK'S DEPARTMENT DATE: June 19, 1997 TO: Neil Carroll, Director .ofPlanning FROM: Bruce Taylor, Town Clerk Please be advised that the Council of the Town of Pickering passed Resolution #215/97, Item #6 at a Regular Council Meeting of June 16, 1997. - 1. That Town Council receive for information Interdepartmental Development Team Report No. 1/97 regarding Two-Unit Houses; 2. That through the Home Fire Safety Program commencing in 1997, the Fire Department identify existing Two-Unit Houses and develop an inventory of these units within the Towns computer property system data base, including Fire Code conformity status and other relevant data; 3. That Town Council authorize the Planning Department to initiate a zoning review addressing the establishment of new Two-Unit nouses in the Town; 4. That Town Council consider the establishment of a Registry for Two-Unit Houses concurrent with its consideration of zoning provisions for new Two- Unit Houses in the Town, following completion of the zoning review outlined in Recommendation 3 above. - This reso~~on is S~.ent to you for your information. ¿/ . . -,/ b /.,/./ -. Bruce Taylor, Town Clerk cc: . T. Quinn, General Manager . Rick Pearsall, Fire Chief