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Home My WebLink AboutJune 10, 2004Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, June 10, 2004 7:00 P.M. Chair: Councillor McLean CITY INITIATED APPLICATIONS TO AMEND THE PICKERING OFFICIAL PLAN (FILE: OPA 02-003/P) AND ZONING BY-LAWS (FILE: A 19102) TO PERMIT ACCESSORY DWELLING UNITS IN EXISTING DWELLING UNITS 3. 4. 5. Explanation of application, as outlined in Information Report #07-04 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. Staff response. (11) ADJOURNMENT PICKERING INFORMATION REPORT NO. 07-04 FOR PUBLIC INFORMATION MEETING OF June 10, 2004 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 accessory dwelling unit (ADU) also referred to, as "basement apartment", "accessory apartment", or "in-law suite" is a self-contained dwelling unit (apartment) that homeowners create within their house, making it a house with two residential dwelling units; for the purpose of this repod 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; 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; the vast majority of existing accessory dwelling units were established without obtaining a building permit or complying with existing zoning regulations; ADU are not currently formally tracked or registered in the City, so it is not known exactly how many dwellings currently contain an ADU; the City is usually made aware of possible illegal ADU 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; Attachment # 3 to Information Report No. Discussion Paper on Accessory Dwelling Units City of Pickering 07-04 Page 2 1.1 2.0 2.1 Previous Public Consultation these applications were subject to a public consultation process and comments have been received on the proposed applications; a formal Statutory Public Meeting on the proposal was held November21, 2002, (see text of Information Report No. 31-02 and Meeting Minutes, Attachments #1 and #2); written comments have also been received from three citizens, all expressing opposition to the proposal to permit ADU in existing dwelling units (see Attachments #1 to #4 of the Discussion Paper); the Discussion Paper of this report lists the issues that have been identified and a response is provided; in consideration of the complexity of these applications it was concluded that a second formal Public Information Meeting take place that puts forward the staff recommendations that included a draft of the proposed Official Plan amendment, zoning by-law amendment and registration by-law. OFFICIAL PLANS AND ZONING BY-LAWS Durham Reqional 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; - 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; Information Report No. 07-04 Page 3 2.2 2.3 Pickerinq 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; - a draft of the proposed Official Plan amendment is provided in the Discussion Paper on Accessory Dwelling Units (see Attachment #3); Pickerinq Zoninc~ 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; - a draft of an example of a zoning by-law amendment is provided in the Discussion Paper on Accessory Dwelling Units (see Attachment #3). Information Report No. 07-04 Page 4 3.0 3.1 4.0 4.1 RESULTS OF CIRCULATION A_qencv Comments Region of Durham -that the proposed applications are in conformity with the Durham Region Official Plan; - there are no concerns from a servicing perspective; -no provincial interest appear to be affected by the applications (see Attachment #5 of the Discussion Paper). Central Lake Ontario Conservation Authority that they have no concerns with permitting ADU; they have expressed a concern if an existing dwelling unit is located in hazard lands, then it must be demonstrated that the hazard could be appropriately addressed to ensure that an increase exposure will not result (see Attachment #6 of the Discussion Paper). DISCUSSION General Overview the matter of ADU is a complex issue that needs to be addressed in some fashion; as with any complex issue there are many different viewpoints that need to be taken into consideration; from a social point of view, ADU provides the community with a supply of affordable housing without the need for government subsidizes; from an economic point of view, ADU provides additional rental income for homeowners; from a sustainable development perspective, ADU provides additional housing intensification that will utilize the existing built form and infrastructure; from a neighbourhood perspective ADU can be seen as having a negative impact due to concerns with disruptive tenants, on-street parking problems, increased neighbourhood traffic and perceptions of decreased property values; from a municipal perspective ADU have caused an administration problem; since most ADU have been built without a building permit or proper zoning they are illegal, therefore, when City staff, particularly Fire Services, inspect an ADU and require certain improvements, from a life and safety requirement, a building permit cannot be issued as ADU are not a permitted use; therefore a Fire Marshals Order must be obtained to rectify the life and safety issues; Information Report No. 07-04 Page 5 4,2 Discussion Paper staff has prepared a Discussion Paper on ADU that outlines the issues identified and provides staff comments to date; this Discussion Paper on ADU is attached as Attachment #3 to this report; the Discussion Paper overviews the identified issues related to the Official Plan and zoning by-law amendments (land use issues) as well as the issues related to a registration by-law (administrative issues); the Discussion Paper also contains the public and agency comments that have been received on the applications; the Discussion Paper provides a draft copy of the proposed Official Plan amendment, an example of a draft zoning by-law amendment, and a draft registration bylaw; 4.3 Re.qistration of ADU - the Municipal Act provides municipalities with the ability to require the registration of ADU on a one-time only basis, including a registration fee; - a registration by-law would compel homeowners to declare their ADU; a registration by-law can specify standards that must be met in order to be eligible for registration; registration would entail inspection, thereby assuring the City that existing ADU conform to the applicable Fire and Building Codes, and allowing residents within those homes to be potentially safer in threat of fire; - a registration system provides the City with an inventory of ADU for planning municipal services and programs and provides emergency response personnel with advance knowledge of ADU in houses; - a draft of a registration by-law is provided in the Discussion Paper on Accessory Dwelling Units (see Attachment #3). 5.0 PROCEDURAL INFORMATION 5.1 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; the Region has advised that this Official Plan amendment application is exempt from Regional Approval; Information Report No. 07-04 Page 6 5.2 General 6.0 6.1 written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal the decision on this Amendment, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's adoption of any official plan amendment, you must request such in writing to the City Clerk. OTHER INFORMATION Attachments 1. Information Report No. 31-02 2. Minutes of November 21,2002, Public Information Meeting 3. Discussion Paper on Accessory Dwelling Units Ross Pyr~, MCIP, RPP ~ - Principal Planner- Development Review Lynda Yaylor, MCIPc/RPP Manager, Development Review RP:Id Attachments Copy: Director, Planning & Development ATTACHMENT#.. :~ TO INFORMATION REPORT# PICKERING INFORMATION 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. Information Report No. 31-02 ATTACHMENT # .1~.- TO ~mRMA'nONR~m'# 07- 04 Page 2 2.0 3.0 3.1 PROVINCIAL LEGISLATION - in 1994, the Province of Ontado 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. OFFICIAL PLANS AND ZONING BY-LAWS Durham Reqional 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 ATTACHMENT# .1. TO INFORMATION REPORT# 0 7- 0 4 Page 3 3.2 3.3 - 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; Pickerinq 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; Pickerinq Zonin.q 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. Information Report No. 31-02 ATTACHMENT# J. TO INFORMATION REPORT#~ Page 4 4.0 5.0 HISTORY OF ACCESSORY DWELLINGS IN PICKERING - accessory dwelling units have existed in Picketing 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 ). 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 ATTAGHMENT# ,I.. 1'0 NFO MA'nON 0 '7- 0 Page 5 6.0 7.0 7.1 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 Iow affordable rental apartment vacancy rate. DISCUSSION 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 Iow 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; Information Report No. 31-02 ATTACHMENT #._.LTo INFORMATION REPORT# 07~.~..~ 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 fa~:ade 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 ATTACHMEHT#_~TO INFORI~TION REPORT# 0 '7- ~ ~ Page 7 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 tNFO~AT!,ONP.,~POR~# 0'7' 0 ~ Page 8 Re,qistration - 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; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal the decision on this Amendment, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's adoption of any official plan amendment, you must request such in writing to the City Clerk; - if you wish to be notified of the decision of the Region of Durham with respect to the proposed amendment to the Official Plan, you must make a written request to the Commissioner of Planning, Region of Durham Planning Department. 10.0 10.1 1. 2. OTHER INFORMATION Attachments Map of Pickering showing suspected areas where accessory dwelling units exist Summary Chart of how other municipalities deal with accessory dwelling units ORIGINAL SIGNED BY Ross Pym, MCIP, RPP Principal Planner- Development Review ORIGINAL SIGNED BY Lynda Taylor, MCIP, RPP Manager, Development Review RP:jf Attachments Copy: Director, Planning & Development ATTACHMENT# 2, TO INFORIVLATI0N REPORT# O?..~..~.~ Statutory. Public InformatiOn Meeting Thursday, November 21, 2002 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting 'this meeting and matters under consideration there at. (IV) CITY-INITIATED APPLICATIONS TO AMEND THE PICKERING OFFICIAL PLAN (FILE: OPA 02-003/P) AND ~ ZONINGBY-LAWS (FILE: A 19102) TO PERMIT ACCESSORY DWELLING UNITS IN EXISTING DWELLING UNITS Ross Pym, Principal Planner, Development Review, provided an explanation of the application, as outlined in Information Report #31-02. Dan'Bates, 1625 McBrady Cres., feels that a registry of accessory units is an excellent idea, providing information on density and statistics for emergency agencies to be aware of residents in a particular home. The amendment need to distinguish that units are to be used for aged parents but not for renters. Neighbourhood groups need to be involved in approving such applications so they have say in process. When renters move in the care of community could be lost. If residents are renting out their basement than they should be required to pay, business tax. Gayle Clow, 1811 Fairport Road, stated her support of the application and the terrific idea to intensify. This would make the City more people friendly and parking permits could be provided giving more revenue to the City. Pat Bates, 1625 McBrady Cms., suggested having a mechanism to monitor basement apartments and building affordable housing should' be considered. She questioned why, if individuals did not come forward earlier, they would come forward now to advise that they have apartments in their homes. She further stated that if they move how will they know that basement apartments will not be allowed in their new neighbourhood. Joyce Herzog, Liverpool West Community Association, advised that they understand the philosophy but are concerned that parking problems will occur. Usually when a grown child comes home they bring a partner along with them which then requires two additional parking spots not one as stated in the proposed amendment. She further advised.that families in the neighbourhoods are becoming older and if apartments were allowed more children would be brought into the area, maintaining the schools. Attachment # 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units Table of Contents 1.0 2.0 3.0 3.1 3.2 4.0 4.1 4.1.1 4.1.2 4.1.3 4.1.4 4.1.5 4.1.6 4.1.7 4.1.8 5.0 6.0 7.0 7.1 7.2 7.3 7.4 7.5 7.6 8.0 9.0 10.0 11.0 12.0 Introduction Financial Implications on the City Applications to Permit Accessory Dwelling Units Previous Resident Comments Agency Comments Discussion Response to Issues Identified Affordable Housing/Social Benefits On-Site Parking Lot Size Unit Type Safety of ADU Property Standards Servicing and Infrastructure Property Assessment and Municipal Taxes Official Plan Amendment Zoning Standards Registration Registration Overview Registration By-law Impacts on City Staffing Registration By-law Fees Registration Implementation Enforcement of ADU Draft Registration By-law Appropriateness of Planning Act Applications Appropriateness of a Registration By-law Conclusion Appendices Attachments Attachment # 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Pickering Page 1 1.0 Introduction 2.0 3.0 This Discussion Paper provides Staff Comments prepared to date for inclusion in the Information Report for the June 10, 2004 Statutory Public Information Meeting for Accessory Dwelling Units in the City of Picketing. The proposal is to amend the City of Pickering Official Plan and zoning by-laws in order to permit accessory dwelling units (ADU) in detached dwellings and semi-detached dwellings provided the dwelling can satisfy certain performance standards. The Official Plan amendment will provide clarification regarding how net residential density is calculated when existing dwellings have accessory dwelling units. Part of the consideration is that the City investigate the drafting of a registration by-law which will require that all ADU be registered by the property owners and satisfy the requirements of the Ontario Fire Code and Ontario Building Code. Financial Implications on the City No direct costs to the City are anticipated as a result of the applications to amend the Official Plan and zoning by-laws to permit ADU in Pickering. There will be costs associated with a registration by-law in terms of staff administration, inspections and enforcement/prosecution of illegal accessory dwelling units. There is a proposed registration fee that will help off-set the cost of staff administration of a registration by-law. It is anticipated that the registration fee will not cover all costs associated with all aspects of enforcing the registration by-law. It is recognized that a registration by-law will increase the workload of various Departments within the City. This would include Fire Services, Municipal Law Enforcement Services, Legal Services and Building Services. This increased workload should not have an impact on the ability of staff to provide the current level of service with the existing staff compliment. Applications to Permit Accessory Dwelling Units Accessory Dwelling Units (ADU) are also referred to, as "basement apartments", "accessory apartments", or "in-law suites" are self-contained apartments that homeowners create within their house, making it a house with two residential dwelling units. Attachment # 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Pickering Page 2 ADU 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. ADU are not currently formally tracked or registered in the City, so it is not known exactly how many dwellings currently contain a ADU. The City is made aware of possible illegal ADU by complaints from neighbours, inspection of propedies by the Fire Services Division, through the review of building permit plans for alterations to existing dwellings or through real estate advertisements. The matter of ADU is a complex issue that needs to be addressed in some fashion. As with any complex issue there are many different viewpoints that need to be taken into consideration. From a social point of view, ADU provides the community with a supply of affordable housing without the need for government subsidizes. From an economic point of view, ADU provides additional rental income for homeowners. From a sustainability perspective, ADU provides additional housing intensification that will utilize the existing built form and infrastructure. From a neighbourhood perspective ADU can be seen as having a negative impact due to concerns with disruptive tenants, on-street parking problems, increased neighbourhood traffic and perceptions of decreased property values. From a municipal perspective ADU have caused an administration problem. Since most ADU have been built without a building permit or proper zoning they are illegal. When City staff, particularly Fire Services, inspect an ADU and require certain improvements, from a life and safety requirement, a building permit may not be able to be issued as ADU are not a permitted use. Therefore, a Fire Marshals order must be obtained to rectify the life and safety issues. By addressing the issue of ADU the City will be formally taking a position on the appropriateness of this form of housing. If these applications are approved it must be realized that certain ADU within the City will not meet the proposed minimum zoning standards that are being proposed and this will result in increased enforcement that may result in prosecutions and eviction of tenants. If these applications are refused, the City should then take appropriate action to investigate and eliminate all of the existing illegal ADU that staff is aware of which could result in significant prosecutions and/or evictions. ADU have become over time an important element in the overall municipal housing supply. The City of Pickering, along with most other urban municipalities in Ontario are experiencing a shortage in affordable rental housing. In the past few years very limited new affordable rental dwelling units have been constructed. This combined with the overall Iow rental vacancy rate has resulted in a shortfall of affordable rental housing. ADU have filled some of the gap in the shortfall of affordable rental housing. Attachment # 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Pickering Page 3 3.1 3.2 4.0 4.1 4.1.1 The issue of ADU is not unique to Pickering, but rather an issue that all municipalities are dealing with. Certain GTA municipalities have already addressed the issue and have amended their planning documents to permit accessory dwelling units in their municipality (Ajax, Oshawa, Clarington, Newmarket, and Toronto) while other municipalities are currently investigating the issue (Markham, Burlington and Whitby). Previous Resident Comments These applications were subject to a public consultation process and comments have been received on the proposed applications. A formal Statutory Public Meeting on the proposal was held November 21, 2002. Written comments have also been received from three citizens, all expressing opposition to the proposal to permit ADU in existing dwelling units (see Attachments #1 to #4). Section 4.0 of this Discussion Paper identifies the issues that have been identified and a response is provided. Agency Comments The Region of Durham has advised that the proposed amendments are in conformity with the Durham Region Official Plan, there are no concerns from a servicing perspective and that no provincial interest appears to be affected by the applications (see Attachment #5). The Central Lake Ontario Conservation Authority has advised that they have no concerns with permitting ADU. They have expressed a concern if an existing dwelling unit is located in hazard lands, then it must be demonstrated that the hazard could be appropriately addressed to ensure that an increase exposure will not result (see Attachment #6). Discussion Response to Issues Identified Affordable Housing/Social Benefits The supply of affordable housing is an issue that is facing all municipalities. The supply of affordable housing is not solely the responsibility of the municipal governments, but rather an issue that involves all levels of government. The senior levels of government, being the federal and provincial governments are responsible for set policies and providing access for funding for the construction of affordable housing. Attachment # 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Pickering Page 4 The local governments are responsible for implementing housing policies and creating appropriate local regulations that encourage the private sector to assist in the creation of affordable housing. One such method is by implementing Official Plan polices and zoning by-law regulations that permit the creation of affordable housing within the community. The subject applications propose to implement existing Official Plan polices that recognizes the City's responsibility to assist in the development of affordable housing. 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 2.3 percent of all rental apartments. ADU are cost effective as they utilize existing infrastructure and provide an alternative form of housing that does not require government subsidization. ADU also provide affordable housing that is integrated into existing neighbourhoods and not concentrated in one specific area. There are numerous social and financial impacts to both homeowner and the community that result from permitting ADU. One of the most important benefits is an increase in the amount of rental housing, most of which would be classified as being affordable. ADU can also be a means of introducing social diversity into a community by integrating another form of housing into traditional Iow density neighbourhoods. ADU 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 ADU are created in order to assist in a family issue where family members of the property owner live in the ADU to assist in either a financial, medical or emotional situation of the other family member. ADU 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. Should Council permit ADU as a permitted use in the City and adopts a registration by-law, the City will then be in a better position to investigate all suspected illegal ADU and to require the removal of units that do not meet minimum municipal standards and that represent a potential danger to their inhabitants. Attachment # 3 to Information Report No. Discussion Paper on Accessory Dwelling Units City of Pickering 07-04 Page 5 4.1.2 4.1.3 4.1.4 On-Site Parking In permitting ADU there is a need to provide additional parking beyond the two spaces commonly required by existing zoning for residential dwellings. Additional parking should be provided entirely on the private property on an appropriate hard surface and should not encroach onto the municipal boulevard. It is being recommended that a dwelling with an ADU provide a total of three parking spaces. The additional parking requirement of the ADU must be accommodated on private property without undue negative impact on the streetscape. The parking demands for the average detached dwelling may be less than the demands for a detached dwelling with an ADU. The City, through review of curb cut requests, can control the placement of additional parking spaces. Curb cuts should be reflective of the size of the lots. Therefore on small lots the curb cut is small and on large lots the curb cut may be able to be increased. Curb cuts also impact on the amount of space that is available for on-street parking as the size of the curb cut has a direct relationship to the amount of curb space there is available for on-street parking. Lot Size In terms of the appropriate lot size that can accommodate an ADU the lot should be able to accommodate certain needs of the residents of both the main dwelling unit and the ADU. This includes a lot that can provide a dwelling structure that can accommodate the two dwelling units, appropriate outdoor amenity space and sufficient space to accommodate the parking requirements. Unit Type Having regard for the minimum lot area requirements, it is concluded that only traditionally Iow density housing types such as detached dwellings and semi-detached dwellings have sufficient lot area to accommodate the minimum area requirements for two dwelling units. This includes space for an appropriate size of the original dwelling, an outdoor amenity space that is appropriately located and the space to meet the parking standards. Almost all freehold townhouse dwelling units are on lots smaller than lots that contain detached dwellings and semi-detached dwellings. Therefore for this type of unit to be able to provide the necessary special requirements for an accessory dwelling unit would be rare and an exception to the normal standard. Therefore it is recommended that only detached dwellings and semi-detached dwellings shall be permitted to have ADU as-of-right. Attachment # 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Pickering Page 6 4.1.5 4.1.6 Most townhouse developments are already a form of medium density and permitting ADU in this form of dwelling would have an impact on the neighbourhood. The standards that are being proposed may not be met by all semi-detached dwellings. These dwellings are the exception to the standard that exists throughout the municipality and should be provided the opportunity to have an accessory dwelling unit. And while it is recognized that municipal wide zoning by-laws are designed for the general circumstance and cannot take into consideration all possibilities for the entire municipality there is a process in the Planning Act that allows for the consideration of minor variances to the by-law. The Committee of Adjustment could consider applications that do not meet the letter of the by-law but are considered to meet the intent of the by-law while being considered to be minor variance and appropriate development. Safety of ADU The issue of safety of ADU relates to the fact that the vast majority of ADU that currently exist in Pickering were built without a building permit and therefore without a review or inspection of safety requirements. These requirements relate to the Ontario Building Code, the Ontario Fire Code and Electrical Safety Authority. This could result in tenants living in unsafe and substandard living environments. All ADU should be inspected to ensure that the minimum standards are complied with. A registration requirement would enable the City to require that all ADU be properly inspected and comply with all safety requirements prior to being registered. Property Standards It is recognized that some existing dwellings that have an ADU are not provided with the same level of up-keep as neighbouring properties. The concerns relate to yard maintenance, general building maintenance, excessive garbage, parking on the front lawn and a general lack of pride of ownership. The majority of these property standard problems relate to ADU where the property owner does not reside in the dwelling unit. In instances of absentee landlords and property standard concern this is not a unique issue with dwellings that have ADU, as this issue can occur in any type of dwelling unit. The City does have a property standards by-law and does investigate and enforce the by-law when complaints are received. It is also recognized that the majority of dwellings with ADU are maintained in a fashion that is comparable to the other dwelling units in the neighbourhood. Attachment # 3 to Information Report No. Discussion Paper on Accessory Dwelling Units City of Pickering 07-04 Page 7 4.1.7 4.1.8 5.0 Servicing and Infrastructure This issue relates to the ability of the existing municipal services and infrastructure supporting an increase in dwelling units. City staff have consulted with other municipalities that allow ADU and they all advised that their experience is that there was not a significant increase in new ADU when their municipality permitted ADU as-of-right, but rather an increase in the known number of ADU as existing ADU could be recognized and registered. Therefore the existing infrastructure will likely be able to support the authorization of allowing ADU in the City since a considerable number already exist. If over time ADU are seen to be having an impact on the infrastructure, the design standards can be updated so that new infrastructure works (both replacement and new development) will accommodate ADU. 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. Official Plan Amendment An Official Plan amendment is required to clarify density calculation for houses that have an ADU. Currently the Official Plan defines net residential density as the total number of dwellings per hectare of net residential site area. Attachment # 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Pickering Page 8 6.0 7.0 7.1 If this definition were to apply to existing detached dwelling units that have an ADU within them, the density for any specific property would double which may result in the specific property having a density greater than the permitted limit in the Official Plan. ADU are proposed to be permitted only in detached dwellings and semi-detached dwellings and these type of dwelling units are mostly located in areas designated as Urban Residential Area-Low Density Area which has a maximum density of up to and including 30 dwellings per net hectare. Therefore, an amendment to the Official Plan is recommended that will enable the introduction of accessory dwelling units without affecting permitted residential densities or the requirement for further Official Plan amendment. The proposed amendment is to Section 3.4(a) that would change the definition of net residential density so that accessory dwelling units are not considered as dwelling unit for the purpose of density calculations. A copy of the proposed Official Plan amendment is attached as Appendix I to this Discussion Paper. Zoning Standards A zoning by-law amendment is required to the four (4) parent zoning by-laws in order to permit ADU. The proposed amendments would include new definitions and a performance standard that must be satisfied for a detached dwelling or a semi-detached dwelling to qualify for an ADU. These would include the requirement to provide a total of three (3) parking spaces on private property for any dwelling unit that has an ADU. A draft copy of an example of a proposed zoning by-law amendment is attached as Appendix II to this Discussion Paper. Registration Registration Overview The Municipal Act provides municipalities with the ability to register ADU. In May 1996, when the Land Use Planning and Protection Act (Bill 20) took effect, the Act that restored the municipal zoning authority to control where ADU may be created and the standards that would apply also provided municipalities with the authority to require the registration of ADU on a one-time only basis, including a registration fee. A registration system would also constitute an inventory of ADU, with the requirement for ADU to be registered. The greatest benefit of a Registration system is that it compels homeowners to declare the existence of their ADU. Registration would entail inspection, thereby assuring the City that existing ADU conform to the applicable Fire and Building Codes, and allowing residents within those homes to be potentially safer in threat of fi re. Attachment # 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Pickering Page 9 7,2 A homeowner would apply for registration, and if the ADU complied with all applicable laws it could become registered. A registry system provides the only mechanism through which the municipality can require owners to come forward and have the municipality inspect their ADU for compliance with the applicable legislation. Currently, City staff are made aware of ADU when someone complains to by-law enforcement or through Fire prevention inspection. Tenants may be aware of deficiencies in their accessory dwelling unit but reluctant to complain for fear they will be evicted. As a result, there are undoubtedly many ADU that do not meet minimum health and safety standards. These are the units that need to be inspected and the units either fixed up to meet the minimum requirements or the ADU removed from the house. The establishment of a registration by-law will place the onus on the property owner of ADU to register their building with the City. Under the enabling legislation, both dwelling units must be self-contained dwelling units consisting of their own kitchen and bathroom. The registration does not apply to buildings that have been converted to contain three or more dwelling units. A registration by-law shall specify the standards that a house with an ADU must meet to be eligible for registration. It must comply with the City's by-laws, (zoning, property standards, and smoke alarm and carbon monoxide detectors) the Ontario Fire Code and the Ontario Building Code. These requirements include matters such as, but not limited to, electrical safety, fire separations, smoke alarms, carbon monoxide detectors, fire exits, any structural changes to the dwelling units (such as new or enlarged windows), access and egress, ventilation, heating and parking. Registration By-law Impacts on City Staffing With the adoption of a registration by-law additional responsibilities and workload will result on certain City staff. It is anticipated that Fire Services Division will experience the majority of additional workload and will therefore impact on their allocation of resources. One of the key components of a registration by-law is to ensure that all ADU meet minimum life and safety requirements. Since most property owners who apply for registration of their ADU will be for existing ADU the focus of inspections will be by the Fire Prevention Inspectors. Since Fire Services will be handling the majority of the inspections it has been concluded that they would be the administrators of the registration by-law. This way one department will be responsible for the acceptance of applications, inspections and approval of ADU. Attachment # 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Picketing Page 10 7.3 Fire Services will coordinate with other City department's appropriate inspections and requirements. Other departments that may experience additional workloads include: Building Services when there are OBC or building permit issues; Planning for zoning issues; Municipal Property & Engineering for curb cut requests and refuse pick-up; Municipal Law Enforcement Services for enforcement of ADU that do not comply with the zoning by-law of the registration by-law. The impacts of a registration by-law are not anticipated to have a significant impact on the overall operation of different City departments that would result in a reduction of the level of service provided. Investigations with other municipalities have indicated that with the adoption of a registration by-law there will not be a significant number of initial applications to register ADU. It is anticipated that applications will be submitted on an on-going basis rather than a significant number of applications being submitted all at one time. It is anticipated that existing staff will carry out the administration and enforcement of the proposed registration by-law. Registration By-law Fees Provincial legislation provides municipalities the opportunity to charge a one-time registration fee for ADU. It is anticipated that the fees municipalities charge be directly related to the cost of implementing the registration system. There is a concern, however, that imposing too high a registration fee might discourage residents from registering second units, thereby defeating the benefits of a registration system; yet too Iow a fee would not adequately reflect the costs of implementing the registry and conducting the necessary home inspection(s). It is also not considered appropriate to have the registration system significantly subsidized by the general taxpayers when the benefit of the ADU is to the property owner. The registration fee of other municipalities vary from small fees that would not cover staff cost (i.e. Oshawa $100.00, Cladngton $150.00, Oakville $200.00) to fees that are intended to recover all costs (i.e. Brampton $900.00, East Gwillimbury $1,000.00, Ottawa $1,500.00). The registration fee should cover the costs of a typical application. This fee should include the following cost: - receive and review applications for completeness and that all necessary information is provided; - research and review property history along with factual information such as zoning; Attachment # 3 to Information Report No. Discussion Paper on Accessory Dwelling Units City of Picketing 07-04 Page 11 7.4 initial inspection of property and dialogue with property owner and recording of information on the inspection (inspection could be from Fire Prevention Inspector, Building Inspector and/or By-law Enforcement Inspector for zoning and property standard); follow-up inspection to ensure all deficiencies have been addressed; preparing final report and issuance of acceptance of the ADU for registration. It is anticipated that the above typical application would incur a staff cost of approximately $500.00. Therefore, it is recommended that the registration fee of $500.00 be charged for each application to register an ADU. As an incentive to register it is being proposed that the registration fee be reduced to $250.00 for the first six months after the adoption of the registration by-law. This initial reduced fee, while not covering all staff cost, is considered appropriate as it encourages prompt registration by reducing the registration fee. Registration Implementation A registration by-law should identify who the registrar will be. The Fire Chief should be the official registrar since the by-law is proposed to be administered by Fire Services. The Fire Chief could delegate the actual administrative duties of the registrar to other Fire Services staff. Fire Services will receive, circulate and ultimately register the ADU. It is anticipated the adoption of the registration by-law will provide a specific date when the by-law will come into force. This date should be a few months after the adoption of the registration by-law in order to allow time to disseminate the information about the requirement to register all ADU. A public information campaign should be established in order to educate the public about the requirement to register ADU. This public education process could include ads in the community page of the local newspaper, information on the City website and preparation of brochures/information packages. Information packages could be sent to professionals who deal with property matters in Pickering such as lawyers, real estate agents, insurance agents, financial institutions and building contactors to request that they advise their clients to abide by the municipal by-laws. The City could also send out letters to all existing dwelling units that are suspected of having an ADU that advises of the need to register their ADU if in fact there is one in their dwelling unit. Attachment Cf 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Pickering Page 12 7.5 7.6 8.0 Enforcement of ADU By way of various public notices, property owners will be advised of the establishment of a required registration system for ADU. They will be advised that houses with ADU must be registered by a specific time. After that specific time By-law Enforcement and Fire Prevention staff will begin to actively enforce the registration by-law. Any property owner who is found to have an ADU and not registered will be sent a notice to register. Failure to register the ADU may result in legal action. The by-law shall make it an offence to operate or permit the occupancy of an ADU unless the house is registered. The Province Offences Act provides for a fine of up to $5,000.00 for contravention of such by-laws. If an ADU is found that does not qualify for registration because it is located in a building that is not a detached or semi-detached dwelling the property owner will be required to remove the ADU or make application to amend the zoning by-law for a site specific zoning by-law amendment. It is noted that only one ADU will be permitted per dwelling and any additional dwelling units will be required to be removed. If property owners fail to comply with the zoning by-law or the registration by-law regarding ADU legal action may result. Draft Registration By-law A copy of the proposed registration by-law, in draft, is attached as Appendix III to this Discussion Paper. Appropriateness of Planning Act Applications The applications to amend the Official Plan and zoning by-laws to permit ADU in detached dwellings and semi-detached dwellings will facilitate the recognition of a housing form that will enhance the City's housing stock. ADU provides additional housing, including some affordable housing and leads to a more efficient use of land, infrastructure and housing stock. ADU can also promote neighbourhood diversity. The principle of permitting ADU as recommended is considered both sustainable growth and creating a "healthy community" as it encompasses objectives for social, environmental and economic well-being. Attachment Cf 3 to Information Report No. 07-04 Discussion Paper on Accessory Dwelling Units City of Pickering Page 13 9,0 10.0 11.0 12.0 Appropriateness of a Registration By-law The adoption of a registry system for ADU has a variety of benefits including: placing the onus on the property owners of ADU to register their buildings with the City, which will ensure that fire safety standards of the Ontario Fire Code are complied with and ADU are made safe; · preparing a data base which clearly indicates where all lawful ADU exist within the City; providing has been marketed homeowners with a clear understanding that the ADU occupancy approved by the City and, accordingly, permitting the building to be in the future as a lawful house with an ADU. Conclusion ADU currently exist throughout the City in most neighbourhoods even though the existing zoning does not permit them. ADU provides an important component of the municipal housing inventory. ADU should be recognized and be permitted by the zoning by-law in detached and semi-detached dwellings, In allowing ADU as a permitted use they should be regulated to ensure they meet a minimum safety requirement. To ensure compliance all ADU owners should be required to register the ADU by the adoption of a registration by-law. A public consultation process, in the form of a formal public meeting, should be held to consider the recommended amendments to the Official Plan and zoning by-laws. The proposed registration by-law should also be presented at the public meeting to allow for public input. Appendices: Appendix II III Attachments: Recommended Official Plan Amendment Recommended Zoning By-law Amendment Recommended Registration By-law 1. Resident Comment- B. Emerson 2. Resident Comment- Pat and Dan Bates 3. Resident Comment- Pat and Dan Bates 4. Resident Comment- Dan Bates 5. Agency Comment- Region of Durham Planning Department 6. Agency Comment- Central Lake Ontario Conservation Authority Appendix I to Discussion Paper on Accessory Dwelling Units BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT X TO THE PICKERING OFFICIAL PLAN Exhibit "A" to By. law AMENDMENT TO THE CITY OF PICKERING OFFICIAL PLAN AMENDMENT × TO THE PICKERING OFFICIAL PLAN PURPOSE: LOCATION: BASIS: The purpose of this Amendment is to change the definition of net residential density so that accessory dwelling units are not considered a dwelling unit for the purpose of density calculations in order to permit an accessory dwelling unit within certain detached dwellings without affecting the density of the detached dwellings. The Amendment affects all area with the municipality of the City of Picketing. The Council of the City of Picketing is satisfied that accessory dwelling units are appropriate in certain detached dwellings and this amendment is appropriate as it will permit accessory dwelling units without changing the density calculation. ACTUAL AMENDMENT: The Pickering Official Plan is hereby amended by: Section 3.4(a) is deleted and replaced with the following: 3.4(a) net residential density as the total number of dwellings per hectare of net residential site area, however, accessory dwelling units are not considered as dwelling units for the purpose of calculating density; IMPLEMENTATION: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. DRAFT Appendix II to Discussion Paper on Accessory Dwelling Units EXAMPLE OF DRAFT ZONING BY-LAW AMENDMENT TO PERMIT ACCESSORY DWELLING UNITS Zoning By-law Amendment Application A 19/02 THE CORPORATION OF THE CITY OF PICKERING Being a By-law to amend Zoning By-law 3036, as amended to implement the Official Plan of the City of Pickering, Region of Durham. (A 19/02) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit an accessory dwelling unit in detached and semi-detached dwellings within the City of Pickering; AND WHEREAS amendment of By-law 3036 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 2, DEFINITIONS, is hereby amended by adding thereto the following definition: 1.1.1 ACCESSORY DWELLING UNIT Accessory Dwelling Unit shall mean one self contain dwelling unit contained within a permitted detached dwelling or semi-detached dwelling created through converting part of or adding onto an existing dwelling unit. (2) By adding a new Section 5.32 as follows: 5.32 Accessory Dwelling Unit Notwithstanding any provision in this By-law to the contrary, in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi-detached dwelling provided a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located. An accessory dwelling unit is not permitted within an accessory dwelling that is permitted in Rural Agricultural Zone. 2. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this ,2004. day of David Ryan, Mayor, Bruce Taylor, rk Appendix III to Discussion Paper on Accessory Dwelling Units DRAFT REGISTRATION BY-LAW FOR ACCESSORY DWELLING UNITS THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. ~ F T Being a By-law to establish a system for the registration of accessory dwelling units in the City of Pickering. WHEREAS pursuant to Section 167(2) of the Municipal Act, R.S.O. 2002, c. M25, as amended, authorizes municipality, which has the authority to pass by-laws under Section 34 of the Planning Act may pass by-laws, (a) providing for the registration of accessory dwelling units or such classes of them as may be set out in the By-law and the revocation of registrations; and (b) appointing a registrar to register accessory dwelling units iin a public register, to revoke registrations and to perform such other duties related thereto as may be set out in the By-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: In this (a) DEFINITIONS By-law, "accessory dwelling units" means a second self contained dwelling unit located within a detached house, or a semi-detached house. (b) "Inspector" means a Building Inspector, Municipal Law Enforcement Officer or Fire Inspector appointed by the City of Pickering (c) "owner" shall mean the registered owner of the land on which the accessory dwelling unit is situated; (d) "Registrar" shall mean the Fire Chief of the City of Pickering; (e) "residential unit" means a unit that (i) (ii) consists of a self-contained set of rooms located in a building or structure, is used as a residential premises, contains kitchen and bathroom facilities that are used only by the occupants of the unit, (iv) (v) is used as a single housekeeping unit, which includes a unit in which no occupant has exclusive possession of any part of the unit, and has a means of egress to the outside of the building or structure in which it is located, which may be a means of egress through another residential unit; 2. PROHIBITION No person shall operate or permit the occupancy of an accessory dwelling unit unless the owner obtains registration of the house as required by this By-law. REGISTRATION APPLICATIONS (a) To obtain registration, the owner shall: DRAFT (i) submit a completed application on a form provided by the City of Pickering; (ii) pay the prescribed fee in the amount set out in schedule "A" to this by-law; arrange for an inspection of both residential units by an Inspector, and demonstrate compliance with all relevant standards set out in the Ontario Fire Code, as amended from time to time; and (iv) provide bona-fide evidence that the use of the house for the purposes of more than one residential unit meets the applicable zoning provisions, or are exempt from such provisions under the terms of the Land Use Planning and Protection Act, 1996. (b) A house which has received approval for an accessory dwelling unit through the issuance of a building permit or change of use permit under the Building Code Act, is exempt from the requirements of (a)(iii) and (iv) of this section where such permit explicitly authorized such use and satisfactory final inspections have been completed. (c) The Registrar shall issue a registration certificate for an accessory dwelling unit where the requirements of this section have been complied with, except where the house proposed for registration does not comply with this By-law or any other applicable law, as determined by the Registrar. REVOCATION OF REGISTRATION (a) The Registrar may revoke the registration of an accessory dwelling unit which, at any time after registration, ceases to meet the requirements set out in this By-law or where the Registrar determines that the registration certificate was issued based on false or misleading information. (b) Where the Registrar revokes the registration of accessory dwelling unit, notice stating the reason for the revocation shall be given to the owner of the accessory dwelling unit by regular mail. ADMINISTRATION OF THIS BY-LAW The Registrar may designate such persons as are necessary to administer this By-law. OFFENCES AND PENALTIES A person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act. BY-LAW read a first, second and third time and finally passed this ., 2004. · day of David Ryan, Mayor Bruce Taylor, CI Schedule "A" to By-law Number. XXXX-04 Registration Fee of Accessory Dwelling Units: Prior to December 31,2004 After January 1. 2005 $250.00 $500.00 Attachment# Principal Planner - Development Review, Mr. Ross Pym City of Pickering Pickering Civic Complex One The Esplanade Picketing, Ontario L1V 6K7 email rpym~city.pickering.on, ca Telephone (905) 420-4611 Fax (905) 420-9685 Attachment # ,2. Mr. & Mrs. Bates 1625 McBrady Crescent Pickering, Ontario Canada L1X 2B7 November 28, 2002 email prnbates~rogers, corn Telephone (905) 428-0056 FAX (905) 686-8912 Re: Official Plan Amendment Application OPA02-003/P & Zoning Amendment Application - A19/02 Dear Mr. Pym, We are writing to indicate that we are opposed to the proposal to amend the City Of Pickering Official Plan and zoning by-law to permit accessory dwelling units in certain types of existing dwelling units throughout all lands within the City of Pickering. Some of our concerns with them have been expressed in the attached letter to Mr. Taylor. Our main reason to keep them illegal is so that something can be done about the ones that create problems. We would like the opportunity to express our opposing viewpoint with respect to Information Report No. 31-02, but given such sort notice, and this extremely busy time of year, we will follow up with our other questions, concerns, and akernate solutions at a later date. We feel that the notice of such an amendment has not been properly delivered to the homeowners that tttis amendment will affect. We understand that the notice of the public meeting on November 21, 2002 appeared only in the News Advertiser in the Community Section twice, on October 123 and November 6. We were aware of the meeting only because we were told of it when we were attending another zoning application meeting on the same date. There were only 2 other residents that spoke during the meeting. We think they were residents that received notification because they belonged to a Rate Payers Association. Rate Payer Associations were the only homeowners that received a personal invitation. The other invitations were wasted on businesses and agencies that the application does not affi:ct. Our understanding is that Rate Payers Associations were created to deal with a specific community issue in the past and that they are usually made up of only a handful of people, so they would not truly represent their community on this amendment issue. As there are only about 18 Rate Payers Associations, and they do not exist for all areas of Pickering, and the ones that exist do not cover all of Picketing, this means that about 90 residents of a population of 90,000 people were represented. That's only 0.1% representation! How can you make a fair decision with so little input? We do not buy the argument that it was too costly to personally notify homeowners. If the City can afford to spend money on election signs why can't they put up some sort ofrezoning signs at the entrances to the neighbourhoods this would affect? The Picketing Council provided direction to staff on June 6, 2002 to host a Public Information Meeting. They had ample opportunity to inform residents of the City's intentions at practically no cost via mail. A notice could have been included with property tax notification, or better yet, with the homeowner assessments as they are received by all homeowners. Including it with the assessments would have enabled notice to have easily been sent to only homes that are classed as the possible subject dwellings. Pickering Council considered a Planning & Development report (PD Report No. 25-(32) respecting accessory dwelling units in housing on June 6, 2002. We have not even seen this report. Vfhy did it take 5 Attachment months to "notify" the public and then give them only 1 week after the November 21st meeting to respond to a meeting whose minutes are not even available on the deadline date? There are many reasons why we feel the results of the amendment "circulation" produced no comments: Two notices buried in a community newspaper are not adequate especially since everyone does not receive it. People expect to fred zoning amendments that affect their area posted on a large sign in the subject area. They expect written notification mailed to their home when the affected area is within a couple of hundred metres. They are not looking through the newspaper or the city's web site for this information. 2. Not everyone gets or reads the newspaper, nor does everyone have access to the Intemet. While investigating this issue, I searched the City of Pickering's web site for a copy of the Information Report No. 31-02. I didn't find it but I was surprised to find a copy of the Notice of the Public Meeting dated October 30, 2002, which was signed by Bruce Taylor. It has the specific contact names, telephone numbers, addresses, and the deadline date for submissions, all of which were rnissing from the Information Report. I would never have thought to look at it ifI didn't already know it affected me. The fact that the notice exists gives a person the impression that it would have been mailed to those it affected, and since they didn't receive one, it must not affect them. That is extremely deceiving. Like us, most people are not familiar with the amendment process and even if they saw the Newspaper article, they may not have understood it. When I spoke to City Planning staff, I was told that the City was going to legalize apartments in February or March because Pickering was one of the only municipalities that didn't allow them. Why would they give me the impression that it was a done deal when in fact the Information Report shows that the majority of municipalities still consider them to be illegal? We had no idea that we had any say in the matter. Not everyone even realizes that basement apartment are illegal. We have received conflicting information from City Planning staff regarding this issue. Unenforced by-laws compound this belief. All these are other possible reasons why no one responded to the "circulation". No one I talked to knew about the Public Meeting and are just as shocked as I am by my summation of Information Report 31-02. They have not been able to read the report because I couldn't find any extra copies of it when I attended the meeting. Considering the notice was supposedly expected to be seen by all residents of Pickering and there were only a few people at the meeting, why weren't there plenty of extra copies? Why does a person have to already know about the report and then put in so much effort to get it in order to read it? Even though not everyone has access to the Inlernet, the City could have at least posted it on their web site if they actually wanted people's input. 7. People are too busy to attend meetings. They are also reluctant to do so if they are given the impression that their appearance will have little or no effect. Every single homeowner I spoke to said that they would have flipped if they thought that their neighbourhood homes could be converted into multiple dwelling units. Ifrezoinng signs were erected they certainly would have responded to voice their negative opinion to the proposed amendment. This is because they bought into a single unit dwelling area and expect it to stay that way, not to have it converted to multiple dwellings as a means to resolve the affordable housing issue. They, like myself, would like to slow down urban sprawl and see an adequate supply of affordable housing but the attitude is "not in my neighbourhood". It is one thing to change the zoning plans of open space, but when housing already exists that is zoned one way and then rezoned pretty much from one extreme to another, that is shocking and totally unfair. If it is an issue of affordable housing then all residents should be given he opportunity to voice their opinion. A person living in an illegal apartment wouldn't have been delivered the newspaper, so how were they supposed to find out about the meeting? Maybe renters would prefer to live in regulated, Attachment # soundproofed, dwellings in apartment buildings with proper parking and outdoor fi~cilities if that option was available. Thorough research should be done before the zoning is amendment is considered in order to avoid mistakes. A review of unbiased pros and cons of the policies adopted by other municipalities needs to be addressed. We request that any further follow through with this amendment should be stopped until more feedback is received from residents. An alternate response deadline date must be posted for more feedback to occur. Please send us an electronic copy of the reports: Information Report No. 31-02, IDT Report No. 1/97, and PD Report No. 25-02. Sincerely, Pat (& Dan) Bates cc. Mayor Wayne Arthurs, mayor~city.pickering.on.ca Regional Ward 1 Councilor Maurice Brenner, mbrenner(_&ci _ty.pickering.on.ca Regional Ward 2 Councilor Mark Holland, mark.holland2@swnpatico.ca Regional Ward 3 Councilor Rick Johnson, rjohnson~citv.pickering.on.ca Ward 1 Councilor Dave Ryan, drvan@city, pickering.on.ca Ward 2 Councilor Bill Mclean, bmclean~cit~.pickering.on.ca Ward 3 Councilor David Pickles, dpickles@ci _ty.pickering.on.ca Brace Taylor, City Clerk, rta¥1or~city.pickering.on.ca Attachment# .... Principal Planner - Development Review, Mr. Ross Pym City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 email rpym@city.pickering.on, ca Telephone (905) 420-4611 Fax (905) 420-9685 Mr. & Mrs. Bates 1625 McBrady Crescent Pickering, Ontario Canada L1X 2B7 November 28, 2002 email pmbates~rogers, com Telephone (905) 428-0056 FAX (905) 686-8912 Re: Understanding roles of Pickering, Region and Province with respect to Housing in Pickering Dear Mr. Pym, We are writing to request information to help gain an understanding of what the roles of Pickering, Durham Region and the Province of Ontario are with respect to housing. We are trying to properly interpret various City of Pickering Reports and related proposed Official Plan and Zoning By-Law c]hanges so that we can fully understand the purposes and reasons why,the City is proposing those changes. Could you please provide an explanation/outline of what the mandated role and authority is for each of the 3 levels of government with respect to affordable housing, rental housing, and secondary dwelling units in main residential dwellings in the City of Pickering. Sincerely, Pat (& Dan) Bates cc. Ward 3 Councilor David Pickles, dpickles@citv.pickering.on.ca Attachment Principal Planner - Development Review, Mr. Ross Pym City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 email rpym@city.pickering.on.ca Telephone (905) 420-4611 Fax (905) 420-9685 Mr. Dan Elates 1625 McBrady Crescent Pickering, Ontario Canada L1X 2B7 December 13, 2002 email pmbates~rogers, corn Telephone (905) 428-0056 FAX (905) 686-8912 Re: Official Plan Amendment Application OPA02-003/P & Zoning Amendment Application - A19/02 Dear Mr. Pyro, I am writing to request a correction to the minutes from the Statutory Public Information Meeting of Thursday, November 21, 2002. With respect to item IV) CITY-INITIATED APPLICATIONS TO AMEND THE PICKERING OFFICIAL PLAN (FILE: OPA 02-003/P) AND ZONING B Y-LA WS (FILE:A !9/02) TO PERMIT A CCESSOR Y D WELLING UNITS IN EXISTING D WELLING UNITS, the bullet point "2." for,my comments does not reflect what I felt I said at the meeting. I believe part of the confusion stems from the fact I was not properly prepared to speak to this topic since I only become aware of this item at the time of the meeting since I was attending another zoning application that was a previous item on the agenda. I would like the minutes corrected to clearly state that I am opposed to the above noted applications. I did state I believe in the.concept of creating and maintaining a registry. My support of the concept is on the basis that some type of formal "database" would provide more acc_urate information to support and enable continuous (versus on a complaint-basis only) enforcement of the City's existing By-Laws against those accessory dwelling units that are illegal; and also to ensure those "handful" of permitted accessory dwelling units are frequently checked by various safety agencies (e.g. Fire Department) to ensure they continue to comply with regulations. I also suggested that the density information put in various City reports most likely does not take in account the tree reality of existing illegal units -. this suggests that City Council is making decisions based on inaccurate information. Again, I want to ensure that it is clear that I do not agree with the proposed amendments put forth in the City Initiated Applications; I just like the idea that the City has accurate information before it makes decisions. I also stated I could understand why some residents would like have to enough finished space in their residence to care of elderly or sick relatives. I was expressing empathy towards people who may have genuine humanitarian interests versus those just looking for extra income from rent. However; I did not intend that comment to be interpreted as my agreeing with the City Initiated Applications - I don't agree. I did state that the earlier process I was part of in the evening (i.e. the existing process) for proposed zoning amendments for additional dwelling units seems to work since you are getting feedback from those directly involved rather than making decisions citizens don't necessarily agree with. I don't recall saying "neighborhood groups" in the context of "associations". My intent was that anyone affected in the area should be allowed to have their say and a right to prevent a zoning amendment - as is now the case. My point was against the proposed application since it eliminates the process whereby homeowners have to get approval via an individual zoning amendment application. I also made the comment that perhaps part of the reason there isn't enough affordable housing in Pickering is because residential homeowners have an unfair advantage over a business since the residential Attachment homeowner doesn't have to pay the same permit fees, taxes, local improvements, business tax, etc. etc. that a business does. I was trying to make a point against allowing additional dwelling units since the City's proposal would only add even more roadblocks to any business considering constructing affordable housing in Pickering. If the City is trying to encourage more affordable housing then perhaps it should do something to encourage rather than discourage businesses from providing affordable housing! I trust I've clarified my comments and that it is 100% clear I am opposed to the proposed applications to amend the Official Plan and Zoning By-Laws. Please make the necessary adjustments to the minutes. Also, I would like to repeat the previous request from my wife I to please send us an electrorfic copy of the reports: Information Report No. 31-02, IDT Report No. 1/97, and PD Report No. 25-02. Sincerely, Dan Bates cc. Brace Taylor, City Clerk, bta¥1or~ci _ty.pickering.on. ca Ward 3 Councilor David Pickles, dpickles~citv.pickering.on.ca Debbie Keams, Committee Coord/nator, dkeams~citv.picker/ng.on.ca The Regional Municipality of Durham Planning ' Department 1615 DUNDAS ST..'E. 4TH FLOOR, LANG TOWER WEST BUILDING RO: BOX 623 WHITBY. ON L1N 6A3 (905) 728-7731 FAX: (905) 436-6612 www. region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner Of Planning "$ER ] Attachment# December 20, 2002 Ross.PYm; Principal Planner Planning & Development Department One the Esplanade PiCkering., Ontario. LI'V 6K7 'Dear Mr. Pym: Re: Official Plan Amendment Application CPA 2002-003/P and_ Zoning Amendment Application A 19/02 Applicant: City of Pickering Location: . All Lands withi.n the City. Of Pickering MuniCipality: City of PiCkering we·. have reviewed 'this application and the .following comments are offered with' respect to 'compliance with the Durham· Regional OffiCial Plan, servicing, .and the delegated provinCial plan review reSponSibilit es. The .purpose of· the applications is to consider amendments to both the City of Pickering Official Plan and the City's' zoning-by-laws·'to permit accessory dwelling units in certain types of existing, dWelling units. These. applications cover all lands within the Cityof Pickeriqg. ' · Durham Reaional Official Plan The Durham Regio6al..OffiCial Plan encourages a wide-variety of housing by type~ Size, and tenure: Policy 4.3.3 indicates that Regional Council shall sup.pod 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, but not be limited to., the conversion of single detached dwellings into multiple residential units. The proposed amendment is in conformity with the policies of the Durham Regional Official Plan. SerVicing The majority of dwelling units located within the urban area of the City of . Pickering are connected to municipal water and sanitary sewer services. Therefore, 'in general there are no concerns with the proposal from an u?ban servicing perspective. Similarly, .there are no concerns With the proposal for dwellings located in the rural area of the City of Pickering. At the time Of a submission for a 100% Post Cor~sumer Attachment#. Page 2 building permit.to.construct a second dwelling unit the property Owner will haVe to demonstrate private servicing can be achieved on-site, which meets current O.B.C. requirements, the Regional lot siZing :policY and other pertinent legislation/guidelines. Provincial Plan. ReView. Responsibilities No provincial interests appear to be affected by this application. This application is considered to.have no significant Regional o.r Provincial concerns. In accordance with. Regional By-law 11-2000, this . application:is exempt, from Regional approval.. Please advise the Commissioner of Planning of your COunCil's decision, If Council adopts an Amendment, please forward a record to this Department.within 15' days of the date of adoption: The record should include 'the' following: · T~/° (2) copies of the adopted amendment; · A copy of the.adopting by-law; and · A copy of the staff report' and any relevant materials, If you'have any questions or require additional information; please call me, Yours truly, l~~%er .... Current Operations Branch '. cc. Rob Roy, Durham Region Works Department Karl Kiproff, Durham Region 'Health Department R:~raining',rd~zonipepickedng a19-O2&opa02-O03 doc Central Lake Ontario Consel'vation November 21, 2002 City of Pickering Planning Department One the Esplanade Pickering, ON L1V 5K7 Attachment# 100 Whiting Avenue Oshawa, Ontario LIH 3T3 Tel: (905) 579-0411 Fax: (905) 579-0994 Web: www. cloca.com Email: mail@cloca.com N0¥ 2 5 ZO02 2ITY OF PICKERING PICKERINGt, ONTARIO Attention: Mr; R. Pym Dear Sir: Subject: Official Plan Amendment and Zoning By-law Amendment Applications OPA02-003/P & A 19/02 City of Pickering Authority File No.: OPA02-003/P - CLOCA IMS File No.: POFG540 Purpose of Applications: To permit accessory dwelling units in certain types of existing dwelling units City-wide. Authority staff has reviewed the subject applications, and in general does not have any concerns with the type of dwelling that would be permitted to include an accesso .ry dwelling unit. What we would be concerned with however is the location of the existing dwelling. Dwellings that are currently located within an area of hazard land should generally NOT' be permitted to create accessory dwelling units therein. Unless demonstrated to the satisfaction of the respective Conservation Authority that the hazard could be appropriately addressed, and that the creation of another dwelling unit would not increase exposure of additional persons or property to damages, all types of existing dwellings within hazard lands should be prohibited from creating additional dwelling units. Thank you for the opportunity to comment on these applications. If' you have any questions regarding these comments, please contact the undersigned. Yours truly, Ted Aikins Planner TA/klt cc R. White, Toronto Region Conservation Authority g:\planning\planning\comments\opa02-003 pickering What we do on the land is mirrored in the water