HomeMy WebLinkAboutPD-198-92 T"t•1 GOF~OA°TBOtJ O.' T'FI °TO O hl~fCS°~l~E
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Meeting: General Purpose and Administration Committee File #
Date: Tuesday, September 8, 1992 '
E3y-i_a~ #
i~ep~rt g~D_._.ro~._o~iie P? n 11. 1
Subject: "APARTMENTS IN HOUSES: A CONSULTATION PAPER ON LEGISLATIVE
AMENDMENTS TO ALLOW ONE APARTMENT IN A HOUSE" - ONTARIO
GOVERNMENT
File: Pln. 11.1
~~r~rnertati~:te
1. THAT Report PD-198-92 be received.
2. THAT Report PD-198-92 be adopted as the Town's comments
on the provincial consultation paper "Apartments in
Houses".
3. THAT a copy of this report and Council's decision be
forwarded to the Honourable Evelyn Gigantes, Minister
of Housing and Honourable Dave Cooke, Minister of
Municipal Affairs.
1. BACKGROUND
1.1 Dave Cooke, Minister of Housing and Evelyn Gigantes,
Minister of Housing, released the document "APARTMENTS IN
HOUSES: A CONSULTATION PAPER ON LEGISLATIVE AMENDMENTS TO
ALLOW ONE APARTMENT IN A HOUSE" - ONTARIO GOVERNMENT" on
June 18, 1992. A response to this consultation paper has
been requested by the Province prior to a Bill being
introduced during the Fall session of the legislature.
1.2 The consultation paper is divided into two sections: 1)
draft legislation; and, 2) regulations concerning zoning and
property standards. The first section dealing with the
draft legislation, will (if adopted) permit Ontario
homeowners to create one accessory apartment in their house.
The proposed legislation will also help municipalities
ensure that health and safety standards can be enforced by
giving municipal officials better powers of entry.
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'11i154S PHINIE~C .CYCLED PAPEfl
REPORT NO.: PD-198-92 PAGE 2
1.3 The second section of the consultation paper which deals
with zoning and property standards, tries to facilitate the
creation of garden suites (also known as "granny flats").
It also tries to reinforce the law that prohibits zoning
provisions which attempt to distinguish between persons who
are related and non-related with respect to occupancy.
1.4 The proposed legislation on "Apartments in Houses" follows
the 1989 release of the Land Use Planning for Housing Policy
Statement which attempted to establish appropriate policies,
regulations, and approval procedures to facilitate the
creation of a variety of housing types. Many municipalities
are still attempting to fulfil the requirements of the 1989
Policy Statement. The Province however, has indicated that
there has been an inadequate response from the
municipalities regarding accessory apartments and
consequently, it is taking further action in the form of
releasing the draft legislation on apartments in houses.
1.5 The Provincial Government is supportive of apartments in
houses because they: are a source of affordable housing; use
existing services and systems; are a source of additional
income for homeowners; support neighbourhood diversity; and,
create jobs for people in the renovating and building supply
businesses.
2. OVERVIEW OF THE DRAFT LEGISLATION
2.1 The draft legislation would amend the Planning Act and the
Municipal Act in the following manner:
• permit people to create one accessory apartment (self-
contained residential unit) in existing or new single
detached, semi-detached or townhouse dwellings on an
as-of-right basis in any residential area;
REPORT NO.: PD-198-92 PAGE 3
• allow for Provincial regulations for zoning or property
standards that would apply to accessory apartments;
• improve the ability of municipal officials to obtain a
search warrant to investigate problems with zoning or
property standards;
• reinforce the law that prohibits municipalities from
attempting to regulate occupancy by distinguishing
between persons who are related and non-related; and,
• provide legislation to facilitate the establishment of
garden suites by allowing municipalities to regulate
garden suites through temporary use zoning by-laws and
agreements.
2.2 Proposed Regulations on Zoning and Property Standards
The proposed Provincial legislation will provide the
Province with the power to establish regulations for
apartments in houses including setting maximum municipal
zoning standards and prohibiting other standards.
Specific Provincial regulations affecting local zoning
standards will address: general zoning standards for
residential structures with two units; legal non-conformity;
density; amenity areas; unit size; structure size; external
changes; units below grade; and parking.
The proposed regulations affecting local property standards
would cover: general property standards for residential
structures with two units; ceiling height; egress; windows
as a means of egress; smoke detectors; fire separation; fire
dampers; and natural lighting.
Generally, the Province is proposing that residential
structures with two units should be treated the same as
residential structures with one unit in terms of zoning and
property standards. The Province asserts that the physical
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REPORT NO.: PD-198-92 PAGE 4
impact of either one unit or two units within one
residential structure is similar.
The highlights of the proposed Provincial regulations on
zoning and property standards include the following:
• permit residential structures with two units even if
the building is legal non-complying to the zoning
regulations;
• density calculations (unit/hectare) will be treated as
one unit even if there are two units in a structure;
• no specific requirement for private open and
recreational space for each additional unit;
• minimum unit sizes to be determined by the Ontario
Building Code (269 sq. ft. for bachelor units and 344
sq. ft. for all other units regardless of the number of
bedrooms);
• establishment of a maximum size for either unit or use
a floor area ratio between two units is prohibited;
• establishment of a minimum size of a building as a
precondition for adding a second unit is prohibited;
• external changes to a residential structure may be
regulated provided that such regulations apply equally
to modifications to residential structures not
associated with the addition of a second unit;
• site plan control cannot be placed on residential
structures with two units unless it is placed on
residential structures with one unit;
• permit units to be located on any floor including below
grade, provided that health, safety, and building
standards are met;
~ require a maximum of 2 parking spaces per residential
structure even if there are 2 residential units;
• permit on-street parking and/or tandem parking (one
vehicle behind the other); and,
• Building and Fire code regulations concerning egress,
windows as means of egress, smoke detectors, fire
separation, fire dampers, and natural lighting must be
met.
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REPORT NO.: PD-198-92 PAGE 5
3. STAFF COMMENTS
3.1 While Staff agree with the principle of the proposed
legislation to establish accessory apartments within new and
existing housing subject to certain conditions, there are a
number of serious concerns regarding the proposed changes to
the Planning and Municipal Act and the proposed Regulations
under the Planning Act. In particular, the proposed
legislation and regulations seriously erode the
municipality's ability to adopt planning policies
appropriate for the local needs. In essence, the draft
legislation is an attempt to apply a Toronto - oriented
solution to a provincial problem.
3.2 The following section will discuss the ,draft legislation.
Staff comments are presented in bold.
3.3.1 Apartments in Houses
The proposed amendments to the Planning Act would
permit the creation of an additional apartment in
single detached, semi-detached (including links) and
townhouse units in any residential area of a
municipality on an "as-of-right" bads. This proposal
differs significantly from the recent Provincial
position that stated accessory apartments should be
allowed "as-of-right" only if the following criteria
can be satisfied:
• the physical potential of the existing building
stock or previously developed sites can be
accommodated by the identified forms of
residential intensification;
• the existing services can support new households
in the affected area; and,
• the potential demand for these forms of
accommodation, based on the housing needs of the
composition of households in the broader
community, in relation the typical characteristics
of units which could be produced through the
various forms of residential intensification, can
be demonstrated.
REPORT NO.: PD-198-92 PAGE 6
Using these three criteria, it was possible for a
municipality to potentially restrict accessory
apartments from areas that did not meet the
requirements. The proposed legislation would alter
this and permit accessory apartments in all residential
areas.
Staff's major concerns are as follows:
Impact on Services
Staff are concerned that permitting the location of
accessory apartments in all residential areas may
produce some adverse effects. Studies have shown that
there is an approximately 10-15% conversion rate for
accessory apartments, but this rate may not be
universal throughout an area. For example,
downtown/older areas may experience an increased
conversion rate over newer areas.
Not all residential areas can physically accommodate
the introduction of accessory apartments in terms of
parking, roads, sewage, etc. It may be more
appropriate for the Province to return to the three
criteria previously mentioned (see 3.3.1.) in order for
the municipalities to restrict apartments from areas
that cannot accommodate them.
Townhouses (Rowhousing)
The draft legislation will allow homeowners to create
accessory apartments in row/town houses. This could
prove to be problematic given the limited amenity space
associated with such units. In addition, inadequate
parking space will lead to on-street parking. For
street townhouses, this would not be possible in front
of the units due to driveway approaches and curb cut
locations.
Development Charges Act
The Development Charges Act restricts municipalities
from charging a levy on an additional unit created
within an existing unit. This situation could place
undue pressure upon municipalities to compensate for
any deficiencies caused by an increased population
base.
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REPORT NO.: PD-198-92 PAGE 7
3.3.2 Municipal Powers of Entry
The proposed amendments to the Planning Act will allow
municipalities to obtain search warrants without having
to seize evidence. At this time, a search warrant is
required to gain entry to a residential building for
inspection purposes. In order to obtain a search
warrant, the municipality must have "reasonable cause"
and specify the physical evidence to be seized, which
in the case of property or zoning standards violations,
is difficult to do.
Staff concur with the proposed amendment since the
removal of the seizure requirement from the legislation
will make it easier for a municipality to obtain a
search warrant. Staff would also recommend that the
Province clarify the definition of "reasonable cause"
and issue guidelines that specify under what conditions
and circumstances a warrant should be issued.
3.3.3 Unrelated People Who Form Single Housekeeping Units
In 1989, the Province enacted legislation which
prevented municipalities from attempting to pass by-
laws which would distinguish on the basis of
relationship. The proposed legislation attempts to
clarify this principle as it relates to the concept of
accessory apartments in single detached, semi-detached
and town house units.
Staff do not have any objections to this component of
the draft legislation.
3.3.4 Garden Suites ("Granny Flats")
The draft legislation would allow municipalities to
pass a temporary use by-law to permit a garden suite
for a period of ten years (as opposed to the current
period of three). Municipalities would be able to
enter into agreements with the proponent concerning
issues such as: installation, maintenance or removal,
and the period of occupancy.
The proposed amendments governing garden suites are
primarily intended to allow opportunities for elderly
persons to live in self-contained accommodation with
their children. However without the ability to
distinguish among people, the municipality cannot
ensure that garden suites are restricted to the elderly
and disabled members of the same family.
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REPORT NO.: PD-198-92 PAGE 8
3.3.5 Reaulations for Apartments in Houses
The proposed amendments would permit the Province to
establish regulations for apartments in houses
inclusive of setting maximum municipal zoning standards
and prohibiting other standards used by the
municipalities which are in conflict with Provincial
regulations. In effect, this would mean that a
Provincial regulation would overrule a local zoning by-
law standard if a conflict were to arise with the
Province.
i) Accessory Nature of Apartment
The proposed regulations are based on the premise that
a second residential unit in a dwelling would not have
any additional impact on any matter governed by a
zoning by-law. Therefore, standards which apply to one
residential structure (e.g., lot coverage, frontage,
setbacks, heights, yards, etc.) would also apply to two
units within the same dwelling. There is no
requirement that the second unit be "accessory", that
is, secondary to the main residential unit. Neither is
there a minimum size requirement for the main
structure. In essence this could produce a duplex from
a very small dwelling.
ii) Apartments in Rural Dwellings
The assumption that two units will have no more of an
impact than one unit may create problems in rural
areas. The majority of housing units in rural areas
are on private services installed on the basis of one
residential unit. By allowing two units, the potential
for soil contamination from surcharged septic systems
is aggravated.
iii) Parking
The Town of Newcastle requires two parking spaces per
low density residential units, but, under the proposed
legislation, the Town could not require any additional
parking spaces for an accessory apartment. This could
result in parking problems.
The Town of Newcastle does not have a public transit
system. It has a large commuter population with a
higher than average number of vehicles per household.
Additional vehicles from accessory apartments will lead
to increased on-street parking. Currently, the Town of
Newcastle has a by-law which allows a maximum of three
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REPORT NO. PD-198-92 PAGE 9
hours for on-street parking. During the winter months,
no overnight parking is allowed if there is any snow
accumulation. If the legislation is passed at it is,
the Town of Newcastle will need to allow on-street
parking or otherwise be faced with an untenable
enforcement problem.
4. CONCLUSION
4.1 At this time many municipalities are still trying to
implement the provisions of the 1989 Land Use Planning for
Housing Policv Statement. This document required
municipalities to establish appropriate policies,
regulations, and approval procedures which would create
opportunities for a variety of housing types to be
developed. It contained a component that encouraged
municipalities to allow apartments in houses and to
eliminate any municipal zoning standards that prevented
apartments in houses from being created.
4.2 Since municipalities are still trying to fulfil the
requirements of the Land Use Planning for Housing Policy
Statement, it would seem premature for the Province to
release "Apartments in Houses - A Consultation Paper on
Legislative Amendments to Allow One Apartment in a House".
The Province should allow municipalities the right to meet
the requirements of the initial document before enacting new
legislation. In the case of the Town of Newcastle, we are
now in the final phase of preparing an amendment to the
Official Plan to implement the Provincial Land Use Planning
for Housing Policy Statement and feel that .any proposed
legislation is not warranted.
4.3. It is therefore recommended that the Province withdraw the
proposed legislation and allow municipalities to continue
working on the requirements of the Land Use Planning for
Housing Policy Statement.
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REPORT NO.: PD-198-92 PAGE 10
4.4 If the Province continues with the proposed legislation, it
will need to address a number of serious flaws. Generally,
the standards proposed by the Province are largely in
response to severe housing shortages experienced within
Metropolitan Toronto. Many of the assumptions of the draft
legislation may be valid in Metropolitan Toronto, but do not
apply to Newcastle or other areas of the province because
they fail to take into account regional differences. For
example, rural servicing constraints and parking problems
are serious concerns that face the Town of Newcastle, but
may not be of serious issue in Toronto. In many ways, the
.draft legislation and the proposed regulations effectively
compromise the municipality's legitimate authority to
regulate land use.
4.5 In addition to comments in paragraph 4.4 above, we
specifically request that the proposed draft legislation on
"Apartments in Houses" be modified as follows:
1. The Province should return to the three criteria
outlined in the Land Use Plannina for Housing Policy
Statement which are: that the second unit is needed;
that it can be accommodated by the building stock; and,
that it can be accommodated by the existing
infrastructure. These requirements would enable
municipalities to restrict accessory apartments from
areas that cannot accommodate them.
2. Apartments should only be permitted in single and semi-
detached dwelling but should exclude townhouses.
3. Apartments in houses should not be permitted in
residences on private sanitary systems (ie. septic tanks).
4. The Province should clarify the definition of
"reasonable cause" and issue guidelines that specify
under what conditions and circumstances a search
warrant should be issued.
5. The Province should restrict garden suites to the
elderly and the disabled persons related to the owners
of the principal residence.
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REPORT NO.: PD-198-92 PAGE 11
6. The Province should set a minimum site requirement for
the main structure. The main unit should be larger
than the accessory unit in order to avoid the
conversion of the structure into a duplex.
7. The regulations should recognize the legitimate
concerns regarding parking and enforcement,
particularly in smaller municipalities with no transit
systems.
8. The Province should amend the Development Charges Act
to allow municipalities to charge a levy on an
additional unit created within an existing unit so that
existing tax payers are not burdened with providing the
necessary services to the residents of any additional
housing unit.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I.P. Lawrence E. Kot e~'f
Director of Planning Chief Administr t1~ve
and Development Officer
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TH*DC*FW*ldb
31 August 1992