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HomeMy WebLinkAboutPD-45-93 `This C~ORAT°Ih! ~ 7•ii 1°O ~ FJWCS°Ti~ DN: HOUS-AME.GPA a P U B L I C M E E T I N G ; Meeting: General Purpose and Administration Committee File 1~~~. 1~ g~/U~~~ t1 c: ,-, Date: Monday, March 15, 1993 Ses• t PD-45-93 OPA 92-N/006 (Pln 11.10) t3Y-Law# .9~-~'T~ Report Fiie Subject: OFFICIAL PLAN AMENDMENT IMPLEMENTING THE TOWN OF NEWCASTLE MUNICIPAL HOUSING STATEMENT oc~rnrr~er~ti n: I is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-45-93 be received; 2. THAT Amendment #51 to the Official Plan of the Town of Newcastle to incorporate revised policies on Housing be approved as indicated in Attachment #1; 3. THAT the necessary by-law to adopt the above Official Plan Amendment be passed and the amendment be forwarded to the Ministry of Municipal Affairs; 4. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and, 5 THAT the interested parties -listed-in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 The Provincial Policy Statement on Land Use Planning for Housing requires municipalities to establish appropriate policies, regulations, and approval procedures which will create the opportunity for a variety of housing types to be developed. One of the requirements of the Policy Statement is for municipalities to re-examine their Official Plans and Zoning By-laws in order to implement Provincial housing policies. _ ~ i~ 1 ~is~aau~r~c ,.ecvc~o rnren REPORT NO.: PD-45-93 PAGE 2 1.2 J.L. Cox Planning Inc., in conjunction with Town Staff, recently completed the Town of Newcastle Municipal Housing Statement which provided an analysis of the local housing market and recommended a housing strategy to meet local housing needs. This document was adopted by Council on April 6, 1992 and due to concerns raised by the Ministries of Municipal Affairs and Housing, a revised document was adopted on November 9, 1992. 1.3 The Town of Newcastle Municipal Housing Statement recommended various revisions to the Town's Official Plan which would encourage the creation of an adequate and accessible supply of housing that is affordable for all residents. 2. PUBLIC NOTICE 2.1 Staff prepared a draft Official Plan Amendment incorporating new housing policies and submitted the draft Amendment for review to the General Purpose and Administration Committee __at a__Pub is _Meeting__he d _ on ..July 6.,......19.92. ....Notice of_ the Public Meeting was placed in the Bowmanville Statesman, Courtice News, and the Orono Weekly Times on June 3, 1992. No public submissions were received. 2.2 In accordance with the Town's procedures and the requirements of the Planning Act, a notice for a second Public Meeting was also placed in the Bowmanville Statesman, Courtice News, and the Orono Weekly Times on February 3, 1993. 3. DESCRIPTION OF PROPOSED OFFICIAL PLAN AMENDMENT 3.1 Staff presented a report (PD-86-92) to the General Purpose and Administration Committee concerning the proposed Official Plan Amendment on April 6, 1992. A brief summary cf the ~r~esed a:~:c::~te-~a-~~€cl?~~s. _ REPORT NO.: PD-45-93 PAGE 3 3.2 Addition to the Strategic Policies Section of the Official Plan 3.2.,1 The Official Plan Amendment proposes that a new section dealing with housing be added under the Strategic Policies section. This new housing section outlines a housing goal, housing objectives and specific overall housing policies for the Town of Newcastle. 3.2.2 The main housing goal for the Town is to provide a range of housing types, sizes, price and tenure arrangements for households of differing socio-economic characteristics. The housing objectives for the Town include: • maintaining an adequate supply of land for housing purposes; • providing a range of housing types; • promoting residential intensification; and, • monitoring the Policy Statement provisions. 3.3 Additions to the Residential Policies Section for Courtice, Bowmanville, and Newcastle Villaae 3.3.1 A subsection will be added to the Residential Policies section for each of the urban areas of Courtice, Bowmanville, and Newcastle Village. These sections will include polices on accessory apartments and rooming, boarding and lodging houses. 4. AGENCY COMMENTS 4.1 The subject amendment was circulated to various agencies for comment. The following agencies/departments offered no objection to the amendment: • Town of Newcastle Public Works • Public School Board. - `JJ~ REPORT NO.: PD-45-93 PAGE 4 4.2 The Town of Newcastle Fire Department had concerns regarding means of egress which were addressed in the first Staff Report (PD-158-92). 4.3 No comments were received from the Region of Durham Planning Department. 4.4 The Ministries of Housing and Municipal Affairs requested minor word changes to clarify the intent and meaning of the policies. These have been incorporated. In addition, the Ministry of Municipal Affairs had the following comments: • The Province would like clarification on how the Town intends to achieve a minium of 25% affordable housing in accordance with the needs of its residents with a medium density target of 30% and a high density target of 10%. Staff responded directly to the Ministry noting the findings of the Municipal Housing Statement indicate that the majority of housing units being produced in the Town of Newcastle are considered to be affordable, including low density residential-un-its (ie.,.....semi-- detached and small lot singles). Furthermore the . Municipal Housing Statement indicates that 36.7% of the units proposed at the end of 1990 were medium and high density. The Municipal Housing Statement also indicated that affordable housing for individuals with incomes in the 20th to 100th percentile can be found in the Town of Newcastle, particularly in the urban areas. More housing units for people with incomes in the lower percentiles should become available through intensification efforts and non-profit housing. Consequently, Staff believe the proposed amendment adequately provides for housing to be constructed to . 1llCC~. ~.~1C 11CCUD Ut all iia.-.viu~ ~y'iv'.~33. REPORT NO.: PD-45-93 PAGE 5. • .The Province asked that the criteria for intensification be relocated from the Official Plan to the zoning by-law. Certain parts of the intensification section were removed from the recommended Amendment because of duplication. The remaining sections, however, define the permitted uses in Residential Areas and therefore, need to remain in the Official Plan. The Town of Newcastle Official Plan has policies for each urban area and consequently, policies need to be added to each urban area section which would permit, subject to certain criteria, accessory apartments and rooming, boarding and lodging houses. Appropriate implementation details concerning these uses will be detailed in the Zoning By-law. • The Province requested clarification on the use of the term "compatibility". The section dealing with "compatibility" was reworded to make it clearer. Furthermore, Section 2.1.4.2 was added to the amendment which would provide the necessary protection for historic neighbourhoods. • The Province requested that policies concerning monitoring and streamlining be included. The housing amendment contains policies concerning monitoring and streamlining under Sections 2.:1.4.3, 2.1.4.4, and 4.4.1. 5. STAFF COMMENTS 5.1 The Ontario Government has released legislation (Bill 90) which would amend the Planning Act and the Municipal Act and - would allow homeowners to create one apartment in their house. The proposed legislation also allows homeowners to work with municipalities to create garden suites or "granny ~- .`a J REPORT NO.: PD-45-93 PAGE 6 flats" in their yards. The first reading of the draft legislation (Bill 90) took place on October 29, 1992. The Bill is expected to receive a second reading in the Spring Session of the Legislature and then to be referred to a Standing Committee for public hearings. 5.2 Staff presented a report (PD-198-92) concerning the draft legislation on "Apartments in Houses" to the General Purpose and Administration Committee on September 8, 1992. Staff agreed with the principle of the proposed legislation, but had a number of serious concerns including: • potential negative impact on services if accessory apartments are allowed "as-a-right" in-all residential areas; • inability of row/town houses to accommodate accessory apartments which would lead to problems with on-street parking; • Development Charges Act restricts municipalities from charging a levy on accessory apartments which would place a burden upon municipalities to compensate for any deficiencies caused by an increased population _base • there is no requirement that the second unit be "accessory" or secondary to the main residential unit; • inability of the Town to require additional parking spaces for an accessory apartment; and, • inability to distinguish among people will result in the municipality not being able to ensure that garden suites are restricted to the elderly and disabled members of the same family. 5.3 The present Official Plan Amendment will be invalid if Bill 90 is adopted. Unlike Bill 90, the Town's proposed Amendment will not allow accessory apartments "as-of-right" in any residential area. It restricts accessory apartments to single and semi-detached units only. It does not allow second units in townhouses. The Amendment also requires 112~POwners to meet a number of criteria including parking j~U REPORT NO.: PD-45-93 PAGE 7 access and lot size provisions. These provisions would contravene Bill 90 and, if this Bill is passed, the Municipality would be required to revise some sections of the Amendment. 6. CONCLUSIONS 6.1 The Town of Newcastle Municipal Housing Statement identified a number of changes that were required to the Official Plan in order to implement the Provincial Land Use Planning for Housing Policy Statement. These changes were incorporated into an official plan amendment which has been circulated to various public agencies for review and comment. A revised official plan amendment incorporating the recommended changes has been prepared. 6.2 Staff recommends that the Official Plan Amendment #51 be adopted by Council and then forwarded to the Ministry of Municipal Affairs for approval. Respectfully submitted, Recommended for presentation to the Committee ~- ~ ~ ~ Franklin Wu, M.C.I.P. Lawrence E. ~o'tseff Director of Planning Chief Admin's'trative and Development Officer TH*DC*FW*df ` Attachment #1: Proposed Amendment Attachment #2: By-law Interested parties to be notified of Council and Committee's decision: 5yvan Developments Limited Mr. Henry Alexander Mr. Edmond Vanhaverbeke 3590 Trulls Road 85 King St. W., Unit 2 Courtice, Ontario L1B 1L2 Newcastle, Ontario L1E 2L2 Mr. Thomas Robinson Mr. Andy Van Lith 1617 Highway #2 R.R. #1 BoxA-3 Orono, Ontario LOB 1MO CJ U.L ~11:C, V11~Q11V L1L G~.7 J i~ % i AMENDMENT NO. 51 TO THE OFFICIAL PLAN OF THE TOWN OF NEWCASTLE PURPOSE: The Provincial Government adopted the Land Use Planning for Housing Policv Statement on August 1, 1989. Under the Policy Statement, municipalities which were identified as priority areas were expected to establish appropriate policies, regulations, and approval procedures to create opportunities for a variety of housing types to be developed. The purpose of this amendment is to incorporate policies, into the Official Plan of the Town of Newcastle which will encourage the creation of an adequate and accessible supply of housing that is affordable for all present and future residents of the Town. BASIS: The Policy Statement identifies five main policies which must be implemented by municipalities, as follows: a) maintaining a supply of land for future residential use; b) streamlining the planning process to reduce the time to process residential applications; c) providing for a range of housing types in new residential development and residential intensification; d) promoting residential intensification opportunities to increase the supply of housing; and, e) monitoring how the provisions of the Policy Statement are being met. In accordance with the requirements of the Provincial Policy Statement, the Town of Newcastle adopted a revised Municipal Housing Statement on November 9, 1992. This Official Plan Amendment is based on the recommendations contained in the Town of Newcastle Municipal Housing Statement. !~0 - 2 - ACTUAL AMENDMENT: The Official Plan of the Town of Newcastle is hereby amended as follows: 1. By moving Section 2.1 (Zoning By-laws) and Section 2.2 (Site Plan Control) to Section 4 (Implementation), and renumbering same as Sections 4.5 and 4.6 respectively. 2. By renumbering Section 2.3 (Community Improvement) as Section 2.2, and renumbering all subsections accordingly. 3. By adding a new section 2.1 as follows: "2.1 HOUSING 2.1.1 GOAL 2.1.1.1 To provide for a range of housing types, sizes, price and tenure arrangements. in order to provide residential accommodation for households of diverse socioeconomic characteristics. 2.1.2 OBJECTIVES 2.1.2.1 To maintain an adequate supply of land for housing purposes.:.. 2.1.2.2 To provide a range of housing types and tenure throughout the Town to meet the housing requirements of a changing population. 2.1.2.3 To maintain the present housing stock of the Town of Newcastle. 2.1.2.4 To maximize the efficient use of land and buildings for residential accommodation, consistent with good planning principles. 2.1.2.5 To provide a greater range of housing options and services within the Town for seniors, those with special needs, and those requiring financial assistance. _ - 3 - 2.1.3 POLICIES ~ ~ 2,1,3,1 Council, in cooperation with other levels of government, shall encourage the provision of a diverse housing stock in terms of type, tenure, density and cost relative to household income and affordability throughout the Town. 2.1.3.2 The Town of Newcastle Municipal Housing Statement establishes residential growth targets. Such targets shall form the basis of municipal planning and capital budget forecasting. The residential growth targets shall be subject to the financial capabilities of the Town and shall be updated at five year intervals. 2.1.3.3 It is Council's objective to achistle:t70%low'densityS20% unit mix in the Town of Newca medium density, and 10% high density. Notwithstanding this provision, the housing mix of specific neighbourhood planning units shall be determined on the basis of specific area characteristics. 2.1.3.4 For each urban area, a minimum of 25% of all new residential units shall be affordable as defined by Provincial affordability criteria. 2.1.3.5 The provision of affordable housing shall not be limited to one particular housing type, nor shall it be concentrated in or excluded from certain neighbourhoods or urban areas. 2.1.3.6 Council shall encourage the production of rental accommodation that is in keeping with the Municipal Housing Statement target. In addition, the Town shall give priority to development proposals that include provisions for rental housing. 2.1.3.7 Council shall seek to maintain the following land supply and housing unit supply targets: a) At least a 3-year supply of a combination of draft approved and/or registered lots and blocks in plans of subdivision, calculated on a Town-wide basis; b) A 2 year supply of land zoned for medium and high n areas; and, _- ~ 10 i - 4 - c) A 15 year supply of serviceable residential land to meet future housing requirements subject to the financial capability of both the Region and the Town to provide the necessary services. 2.1.3.8 Council shall encourage the use of vacant and under utilized land and the redevelopment of existing buildings as potential contributors to the future housing stock. 2.1.3.9 Council shall encourage mixed-use development by permitting residential uses as part of a commercial development, where areas of development or redevelopment are zoned or designated for commercial use. 2.1.3.10 Council shall encourage residential intensification in urban areas which comply with the following criteria; a) there is the physical potential to accommodate intensification; b) the existing infrastructure and services can support new households; and, c) there is a demonstrated demand for the type of housing proposed 2.1.3.11 Council shall consider the housing requirements of special needs groups throughout the Town. Housing for special needs groups shall have regard for ease of access to required support services such as community and medical facilities, commercial areas, parks and open space and availability of transit. 2.1.3.12 Council may consider pilot projects and innovative housing developments, including garden suites. 2.1.3.13 Council shall encourage the development of non-profit housing by co-operative and non-profit housing organizations. Such developments shall conform to good planning principles and the locational criteria for medium and high density residential areas as specified in this Plan. 2.1.3.14 Council shall encourage the maintenance and preservation ~'f i) Cxialii ~y I wt~airiiy 3t6~k. -- - 5 - 2.1.3.15 In order to ensure an adequate supply of rental accommodation in the Town, the conversion of existing residential units to condominium tenure may be permitted, provided the following conditions are satisfied: a) the rental vacancy rate for the whole of the Town is 3 percent or higher for two successive surveys, as determined in the bi-annual rental vacancy survey undertaken by the Canada Mortgage and Housing Corporation (CMHC); b) the rental vacancy rate for the specific bedroom types affected by such conversion is 2 percent or higher; c) the approval of such conversions to condominium tenure does not result in the reduction of the vacancy rate below 3 percent and 2 percent respectively, in accordance with (a) and (b) above. 2.1:3.16 Applications under the Rental Housing Protection Act for the conversion of rental units to condominium tenure shall be accompanied by an analysis indicating that the provisions of Section 2.1.3.15 have been met. In addition, the applicant shall be required to enter into agreements with the Town to satisfy the Town's requirements, financial and otherwise. 2.1.4 IMPLEMENTATION 2.1.4.1 Council shall amend the Comprehensive Zoning By-law and develop guidelines to ensure residential intensification projects are similar in scale and character with the surrounding neighbourhoods. The criteria to be addressed shall include, but shall not be limited to the following: building height, lot coverage and parking, density and massing. 2.1.4.2 In neighbourhoods where there is a desire to preserve the historic character of the dwellings, Council may require the use of the site plan approval process to control external changes to the dwelling and to ensure sufficient landscaping and screening for parking is provided. :J~~ - 6 - 2.1.4.3 Council is committed to the efficient processing of subdivision, rezoning and site plan applications provided such applications are within the portion of the urban area included within the 10 year capital improvements forecast of the municipality. 2.1.4.4 An annual housing report shall be prepared for consideration by Council in order to monitor the progress made towards fulfilling the Town's housing objectives. This report shall include a review of the development approval process with respect to timeframes for the processing of applications. 2.1.4.5 In the preparation of Community Improvement Plans, Council shall establish policies to preserve, restore and rehabilitate existing housing stock." 4. In Section 4, by adding a new subsection as follows: "4.4 OFFICIAL PLAN AMENDMENTS 4.4.1 When Council intends to adopt an amendment to this Plan, Notice of the Public Meeting to consider the amendment shall be provided at least (20) days prior to the Public Meeting, and any person who attends the meeting shall be afforded an opportunity to make representation in respect of the proposed amendment to the Official Plan. 4.4.2 Notice of the Public Meeting under Section 4.4.1 shall be as prescribed by the Planning Act, R.S.O. 1990, as amended." 5. By adding to the policies for the COURTICE URBAN AREA the following new subsections to 6.1.2 (ii): "e) Accessory apartments shall be permitted within a detached house or semi-detached house subject to the following criteria: - maximum of one accessory unit per dwelling; - sufficient room for one parking space above and beyond the parking requirement for the main dwelling; - suitagiiity of roaa ana ariveway access; ~ 13 - 7 - - suitability of the parcel of land in terms of lot size, setbacks, side yards and landscaped open space to accommodate an additional unit; - structural suitability of the building to accommodate alterations for an additional dwelling unit; and, - compliance with the Zoning By-law, Ontario Building Code, Fire Code, and all relevant municipal and provincial standards. f) Rooming, boarding and lodging houses shall be permitted subject to the following criteria: - suitability of the parcel in terms of lot size, setbacks and side yards to accommodate more intensive use; - proximity to retail and personal service facilities, employment opportunities, parks and open spaces; - provisions of adequate on-site parking and landscaping; and, - compliance with the Zoning By-law, Ontario Building Code, Fire Code and all relevant municipal and provincial standards.,, 6. By adding to the policies for the BOWMANVILLE URBAN AREA the following new sub-sections to Section 7.2.1.2 (ii): "e) Accessory apartments shall be permitted within a detached house or semi-detached house subject to the following criteria: - maximum of one accessory unit per dwelling; - sufficient room for one parking space above and beyond the parking requirement for the main dwelling; - suitability of road and driveway access; - suitability of the parcel of land in terms of lot size, setbacks, side yards and landscaped open space to accommodate an additional unit; J - 8 - - structural suitability of the building to accommodate alterations for an additional dwelling unit; and, - compliance with the Zoning By-law, Ontario Building Code, Fire Code, and all relevant municipal and provincial standards. f) Rooming, boarding and lodging houses shall be permitted subject to the following additional criteria: - suitability of the parcel in terms of lot size, setbacks and side yards to accommodate more intensive use; - proximity to retail and personal service facilities, employment opportunities, parks and open spaces; - provisions of adequate on-site parking and landscaping; and, - compliance with the Zoning By-law, Ontario Building Code, Fire Code and all relevant municipal. and provincial standards." 7. By adding to the policies for the NEWCASTLE VILLAGE URBAN AREA the following new sub-sections to Section 8.2.1.2 ii): "e) Accessory apartments shall be permitted within a detached house or semi-detached house subject to the following criteria: - maximum of one accessory unit per dwelling; - sufficient room for one parking space above and beyond the parking requirement for the main dwelling; - suitability of road and driveway access; - suitability of the parcel of land in terms of lot size, setbacks, side yards and landscaped open space to accommodate an additional unit; - structural suitability of the building to accommodate alterations for an additional dwelling unit; and, - 9 - - compliance with the Zoning By-law, Ontario Building Code, Fire Code, and all relevant municipal and provincial standards. f) Rooming, boarding and lodging houses shall be permitted subject to the following criteria: - suitability of the parcel in terms of lot size, setbacks and side yards to accommodate more intensive use; - proximity to retail and personal service facilities, employment opportunities, parks and open spaces; - provisions of adequate on-site parking and landscaping; and, - compliance with the Zoning By-law, Ontario Building. Code, Fire Code and all relevant municipal and provincial standards." IMPLEMENTATION: Provisions set forth in the Town of Newcastle Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION. Provisions set forth in the Town of Newcastle Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. J~ ~ i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 93- being a By-law to adopt Amendment Number 51 to the Official Plan of the Town of Newcastle. WHEREAS Section 17(6) of the Planning Act, R.S.O. 1990, as amended, authorizes the Town of Newcastle to pass by-laws for the adoption of or repeal of Official Plans and amendments thereto. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend the Official Plan of the Town of Newcastle to incorporate revised housing policies. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. That Amendment Number 51 to the Official Plan of the Town of Newcastle, being the attached Exhibit "A" and Explanatory Text, is hereby adopted. 2. That the Clerk of the Town of Newcastle is hereby authorized and directed to make application to the Minister of Municipal Affairs for approval of the aforementioned Amendment Number 51 to the Official Plan of the Town of Newcastle. 3. This By-law shall come into force and take effect on the date of the passing thereof. BY-LAW read a first time this day of 1993, BY-LAW read a second time this day of 1993. BY-LAW read a third time and finally passed this day of 1993. I MAYOR CLERK 1