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HomeMy WebLinkAboutInformation Report 31-02INFORMATION REPORT NO. 31-02 FOR PUBLIC INFORMATION MEETING OF November 21, 2002 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: City Initiated Applications to Amend the Pickering Official Plan (file: OPA 02-003/P) and Zoning By-laws (file: A 19/02) To Permit Accessory Dwelling Units in Existing Dwelling Units City of Pickering 1.0 BACKGROUND 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 to initiate a zoning review addressing the establishment of new accessory dwelling units in houses and consider the establishment of a registry for accessory dwelling units concurrently with its review of the zoning provision; on June 6, 2002, Pickering Council considered a Planning & Development report (PD Report No. 25-02) respecting accessory dwelling units in housing; and City Council, through Resolution #87/02, provided direction to staff to host a Public Information Meeting to consider both Official Plan amendment and Zoning By-law amendments to address accessory • dwelling units in certain dwelling types; accessory dwelling units in housing has been an issue that most major municipalities in Ontario have had to address in some manner; it is not known how many accessory apartments currently exist in Pickering, as there is no formal mechanism to accurately track this type of residential occupancy and as the vast majority of existing accessory dwelling units were established without obtaining a building permit; for the purpose of this report an accessory dwelling unit means a second dwelling unit that is created within an existing dwelling unit but does not include a second dwelling unit created in an accessory or secondary building. 25 Information Report No. 31-02 26 Page 2 2.0 PROVINCIAL LEGISLATION in 1994, the Province of Ontario passed the Residents' Rights Act (Bill 120) to allow self-contained second units in houses, provided that building, fire and applicable planning standards were met; this law superseded local zoning by-laws and applied to detached, semi-detached and townhouses located in all zones allowing residential uses, provided the building was connected to a municipal sanitary sewer; this provided all detached, semi-detached and townhouse homeowners the "as -of right" ability to establish an accessory dwelling unit in their dwelling if they could meet the applicable building, fire and planning standards; the Ontario Fire Code was also changed in 1994 to include safety requirements for apartments in houses; homeowners were given a two- year compliance period to upgrade their houses if they had an existing accessory dwelling unit; the Provincial Government then passed the Land Use Planning and Protection Act (Bill 20) in May of 1996 which restored the municipal zoning authority to control where accessory dwelling units 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 a new accessory dwelling unit unless the local zoning by-law permitted such a use; in Pickering there is no "as -of -right" zone that permits an accessory dwelling unit and any property owner that proposes to create an accessory dwelling unit is required to make an application to amend the zoning by-law for a site specific zone that would allow an accessory dwelling unit. 3.0 OFFICIAL PLANS AND ZONING BY-LAWS 3.1 Durham Regional Official Plan a goal of the housing polices is to provide a wide diversity of residential dwellings by type, size and tenure to satisfy the social and economic needs of present and future residents; - specifies that the maintenance and improvement of the existing housing stock shall be encouraged; specifies that intensification is encouraged within existing urban areas; further the Region in conjunction with the area municipalities will plan to accommodate approximately 20% of all new population growth through intensification; Information Report No. 31-02 Page 3 27 Section 4.3.3 states that Regional Council shall support opportunities to increase the supply of housing through intensification taking into account the adequacy of municipal services and the physical potential of the housing stock; housing intensification shall include, amongst others, the conversion of single detached dwellings into multiple residential units; specifies that local municipalities, such as Pickering, shall ensure the inclusion of polices and designations to implement the intent of the Plan including polices to permit the conversion of single detached dwellings into multiple units; 3.2 Pickering Official Plan the Pickering Official Plan states that City Council shall encourage a broad diversity of housing by form, location, size, tenure, and cost within the neighbourhoods and villages of the City, so that the housing needs of existing and future residents can be met as they evolve over time; further, City Council shall encourage the provision of an adequate supply of housing throughout the City in terms of quantity, quality and diversity, including the provision of an adequate supply of affordable, rental, assisted and special needs housing; the Pickering Official Plan states in Section 6.4(d) that City Council shall, zone to permit accessory apartments, garden suites and rooming homes where appropriate; while the Official Plan has policies that permit accessory dwelling units, clarification is required relating to density calculations for buildings containing accessory dwelling units; 3.3 Pickering Zoning By-laws the City of Pickering is currently governed by four (4) parent zoning by- laws: Zoning By-law 3036 covers the portion of the City located between the Third Concession Road in the north and Highway 401 in the south; Zoning By-law 3037 covers the portion of the City located between the Third Concession Road and the northern limits of the municipality; Zoning By-laws 2511 and 2520 covers the portion of the City from the Lake Ontario shoreline to Highway 401, with Zoning By-law 2520 generally covering the central portion of these lands and Zoning By-law 2511 generally covering the eastern and western portion of these lands; none of the parent zoning by-laws permit accessory dwellings as -of -right in any dwelling units with the exception of the few site specific locations where property owners have made successful applications to Council for their specific property; an amendment to all four (4) zoning by-laws will be required to permit an accessory dwelling unit in certain types of existing dwelling units. 28 Information Report No. 31-02 Page 4 4.0 HISTORY OF ACCESSORY DWELLINGS IN PICKERING accessory dwelling units have existed in Pickering for numerous years, they have been constructed in existing dwelling units without the benefit of a building permit or complying with existing zoning regulations, resulting in the vast majority of accessory dwelling units being illegal; accessory dwelling units are not currently formally tracked or registered in the City, so it is not known exactly how many dwellings currently contain accessory dwelling units; the City is usually made aware of possible illegal accessory dwelling units by complaints from neighbours, inspection of a property by the Fire Services Division, through the review of building permit plans for alterations to existing dwellings or through real estate advertisements; when a homeowner requests recognition of an accessory dwelling units within an existing dwelling, a site specific application is required to amend the zoning by-law to permit the accessory dwelling unit; the City has processed a few of these applications every year for the past few years; the City has attempted to track suspected houses that contain accessory dwellings and has generalized the location of these dwellings to demonstrate that houses with accessory dwelling units are not isolated to specific neighbourhoods in the City, but rather they occur in most neighbourhoods throughout the City (see Attachment #1). 5.0 ACCESSORY DWELLING UNITS IN OTHER MUNICIPALITIES the issue of accessory dwelling units is not unique to Pickering, numerous municipalities have addressed the issue; different municipalities have taken different approaches to the issue, from amending the zoning by-laws to permit accessory dwelling units across the municipality in different types of existing dwelling units, to prohibiting accessory dwelling units and enforcing the zoning by-law strictly when complaints are received; Attachment #2 is a summary chart of the results of a survey of accessory dwelling units in other municipalities including all abutting municipalities and all the Durham Region Lakeshore municipalities; the survey indicates that some municipalities have made recent changes to their zoning by-laws in order to recognize accessory dwelling units; those municipalities that have permitted accessory dwelling units allow them in detached dwellings and semi-detached dwellings, in most residential zones that permit detached dwellings and semi-detached dwellings, and require that one additional parking space be provided; most of the municipalities that permit accessory dwelling units also have established a registration by-law that requires all accessory dwelling units to be registered with the municipality. Information Report No. 31-02 Page 5 29 6.0 RENTAL APARTMENT VACANCY RATE accessory dwelling units were recently brought to City Council's attention in the report from the Regional Chair's Task Force on Sustainable/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 in order to provide additional affordable rental housing; the need for additional rental housing is indicated in the vacancy rate for apartments which is approximately one (1) percent of all rental apartments; there has not been the creation of a significant amount of affordable rental housing in the City, lately which further compounds the low affordable rental apartment vacancy rate. 7.0 DISCUSSION 7.1 General Overview Community Costs/Benefits there are numerous social and financial impacts to both homeowner and the community that result from permitting accessory dwelling units; one of the most important benefit is an increase in the amount of rental housing, most of which would be classified as being affordable; accessory dwelling units can also be a means of introducing social diversity into a community by integrating another form of housing into traditional low density neighbourhoods; accessory dwelling units may provide homeowners with additional revenue to be put toward the cost of home ownership or home maintenance; the additional revenue could be especially beneficial for homeowners living on a fixed income, such as seniors who desire to remain in their home; some accessory dwelling units are created in order to assist in a family issue where family members of the property owner live in the accessory dwelling unit to assist in either a financial, medical or emotional situation of the other family member; accessory dwellings provide homeowners with flexibility as homeowners can adapt their home to best suit their changing financial, social and space needs; this allows homeowners to add or remove an accessory dwelling as their needs change; 30 Information Report No. 31-02 Page 6 the creation of accessory dwelling units allows for the intensification of existing built-up residential neighbourhoods without the consumption of more land; thus a form of smart growth as new dwelling units are created that utilize existing municipal infrastructure and do not consume significant resources in the creation of the new dwelling units; from a neighbourhood/community perspective concerns related to accessory dwelling units are often related to physical or social change; perceived concerns related to physical changes include reduced property maintenance, increased traffic and loss of privacy all of which could possibly result in a decrease of property values; concerns related to social changes include fears that lower income tenants in accessory dwelling units will have a negative effect on the neighbourhood image; although concerns may exist respecting aspects of accessory dwelling units such as (parking); accessory units occur in most neighbourhoods without any knowledge of their existence; Unit Type when considering the appropriateness of accessory dwelling units there should be established criteria that any dwelling unit must meet prior to considering whether the dwelling unit can properly accommodate an accessory dwelling unit; all dwelling units (existing and proposed accessory dwelling units) must meet all requirements of the Ontario Building Code and the Ontario Fire Code; the subject property must have sufficient space to accommodate one additional parking space on the lot and the additional parking space must be located in such a fashion that the majority of the front yard is not entirely used as a driveway/parking area; the subject property must have sufficient amenity space available to accommodate the outdoor living needs of two dwelling units; the existing dwelling unit should be of a sufficient size so that the resulting dwelling unit and the accessory dwelling units will both have appropriate floor space; the accessory dwelling unit should be accommodated in the existing dwelling with no visible physical change to the front facade of the existing house; if the above criteria was used in determining the type of dwelling unit that may be capable of accommodating an accessory dwelling unit, it appears that the majority of detached dwellings and some semi-detached dwellings could meet the mentioned criteria, while dwelling units located in townhouses or apartments would not be capable of meeting the criteria; Information Report No. 31-02 Page 7 31 Zoning Standards if accessory dwelling units are to be permitted in the City of Pickering, there should be certain zoning/performance requirements that must be complied with prior to an accessory dwelling being an "as -of -right"; accessory dwelling units may be permitted in all zones that permit a certain dwelling type (such as detached dwelling and semi-detached dwellings) or accessory dwelling units may only be permitted in certain existing residential zones; if an accessory dwelling unit is a permitted use, the requirement to provide one (1) additional parking space would be a zoning requirement in addition to the two. (2) spaces normally required for the principal residence; other possible zoning requirements include: minimum lot area, minimum lot frontage, minimum floor area for the accessory dwelling unit, location of required additional parking space; a minimum front yard landscape area; the requirement that the property be on full municipal services is being further investigated; the requirement that the owner of the property must reside in either the main dwelling unit or the accessory dwelling unit is also being considered; Property Assessment and Municipal Taxes in reviewing property assessment the determining factor for assessment value is "finished" floor area; an example is that there is no difference in assessment values between houses with basements that are finished for personal use and those basements that are finished in order to provide an accessory dwelling unit provided the level/degree of "finishing" is the same; however, an accessory dwelling unit may be created without significant improvements to the existing dwelling if the entire original dwelling was completed "finished" and only minor modifications are required in order to create the accessory dwelling unit; the establishment of most accessory dwelling units does result in improvements to the original dwelling that will result in an increase in the assessment value of the property; since municipal taxes are directly related to property assessment, should there be an increase in property assessment due to the establishment of an accessory dwelling unit, the municipal taxes for a property will also increase; since the vast majority of existing houses that contain an accessory dwelling unit were built without obtaining a building permit it can be assumed that the properties have not been properly assessed and therefore are not being appropriately taxed given the improvements that may have be done in order to establish the accessory dwelling unit; Information Report No. 31-02 Page 8 Registration when the Provincial Government passed the Land Use Planning and Protection Act (Bill 20) in May of 1996, which restored the municipal zoning authority to control where accessory dwelling units may be created, this Act also provided a method for municipalities to keep a record of buildings containing an accessory dwelling by adding new provisions to the Municipal Act; Section 207.3 of the Municipal Act provides the authority for a by-law to be passed to require that houses with an accessory dwelling unit be registered and that an inspection for compliance with safety standards be a prerequisite for registration; without a registration by-law there is no requirement that homeowners advise the City that their building contains an accessory dwelling unit; the establishment of a registration by-law will place the onus on the property owner of a house containing an accessory dwelling unit to register their house with the City; a registration by-law can require that all accessory dwelling units be inspected to ensure that they comply with all relevant standards set out in the Ontario Building Code, the Fire Code, the zoning by-law and the Minimum Maintenance (Property Standard) By-law. 8.0 RESULTS OF CIRCULATION 8.1 Resident Comments - no comments from the public have been received as of the date of the writing of the report; 8.2 Agency Comments no comments from any agency has been received as of the date of the writing of the report; 9.0 PROCEDURAL INFORMATION 9.1 Official Plan Amendment Approval Authority the Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional and/or Provincial interest; at this time, the Region has not yet determined whether this official plan amendment application is exempt from Regional Approval; Information Report No. 31-02 Page 9 9.2 General written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; 011 ' � a ,n� O !cart ac inn! It in a Planning 4 ill 9.144 44• t lf1 pM IS l :4 4 ATTACHMENT #±...70 INFORMATION REPORT #_...21 0 1_ FORESTREAM TRAIL TAUNTON PINE HEIGHTS TRAIL �viMS -NORTHERN O CHE RYWOeD THIRD CONCESSIO Q�. R 4O LAKE ONTARIO APPLICATIONS TO AMEND THE PICKERING OFFICIAL PLAN (OPA 02-003/P) AND ZONING BY-LAWS (A019/02) TO PERMIT ACCESSORY DWELLING UNITS f "- - - 1 AREAS WHERE EXISTING ACCESSORYDWEWNGS J ARE SUSPECTED A6 uv we frIcougn nFOTRAG mCOMAgeOffi uwunwr IvMWWWI J x,_ SE [ L Accessory Dwelling Units in Other Municipalities ■� m ■: (1) m ( o .2 . . . ON Property owner forced to remove illegal unit Oakville I No Yes a) L. - o Q 0) aj/e/ Bram •ton No . ON 5 % E % 70 a)0 >o- 2T - t -0" > =E°°/E/ cio coO< Toronto I m / All residential zones 5 § 00 CO\ ■ o\\ ) a r _ ƒ/k O S f o Z Markham z oN 0 >o> \[/ == e \ 0 I\a3 Clarington sauoz ieRuaplsaJ uegin II'd 2 »� =o S 7 = 2=__ v,= f7§/SIm / (COD/ ■ C a � 0 f o o fE3 0 $ \ Yes Oshawa 1 / Only permitted in certain residential zones -(1-1./ «/E_ \7§ 22EE a) co /3 3$ 0 Yes o� > 0 > \ >EE�»=oa) o_ms\=oEo) �)NO0ƒP/ Whitby 0 . . n / 0 Fe b » 0 0 0 = > t�� >.E7E[2oe o. e= o 0 E® 7 ] & 0 / r ƒ Ajax $ » All residential zones 2 b\ t Ti) ± o o=« E 7 o =e ��a� on e2=«=�sooe n 0\\k�(\�\��\\k\fƒeR%o ■5a(ee=■oeE=gen=aya=2 — \ = e£ _ - _— o o 0977* Zoning by-law permits accessory dwelling units Permits accessory dwelling units in all residential zones or only specific zones 7�22e (�/\�»f o f> 0 2 0 o £@==»tee u— _• 5 0 &\7�°� '� @ a E \ \ / Type of dwelling unit accessory dwellings permitted Registration by- law »� R\� o: ƒ :�±22/»n g o o= E o 0 a�)3c4SG = g \ $ E — § $ / \ CO f / f 0 k