HomeMy WebLinkAboutPD-84-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: HOUSING.GPA
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, April 6, 1992 Res. ##L
PD-84-92 PLN 11. 10 By-Law#
Report#: File#:
Subject: TOWN OF NEWCASTLE MUNICIPAL HOUSING STATEMENT
CORRESPONDENCE ON ACCESSORY APARTMENTS
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-84-92 be received for information;
2 . THAT the Town of Newcastle Municipal Housing Statement
prepared by J.L. Cox Planning Consultants be adopted and
forwarded to the Ministry of Municipal Affairs for approval;
3 . THAT the Town of Newcastle request concurrence regarding the
Municipal Housing Statement from the Region of Durham;
4. THAT subsequent to Provincial approval, Staff be authorized
to advertise and hold a public meeting to present the Town
of Newcastle Municipal Housing Statement;
5. THAT the correspondence dated April 15, 1991, from the City
Clerk of the City of Scarborough be received and filed; and
6. THAT a copy of this report and the Municipal Housing
Statement be circulated to the Ministry of Housing, the
Ministry of Municipal Affairs, the Region of Durham, the
City of Scarborough and the Durham Region Access to
Permanent Housing Committee.
1. BACKGROUND
1. 1 Planning Staff in conjunction with J.L. Cox Planning
Consultants Ltd. , have been working to complete the Town's
Municipal Housing Statement (MHS) . The MHS is a background
study whose purpose is to undertake an analysis of the local
housing market and to develop a housing strategy to meet
local housing needs. Information gathered for the MHS is
2
REPORT NO. PD-84-92 PAGE 2
used to fulfil the requirements of the Provincial Land Use
Planning for Housing Policy Statement. After completion of
the MHS, the Town will consider amendments to the Official
Plan and the Zoning By-law.
1. 2 Much of the work completed thus ,far on the MHS has been
presented to Council. The results of the assisted housing
survey were presented to the General Purpose and
Administration Committee through Report PD-40-91 dated
February 4, 1991. Later on April 8, 1991, the GPA received
an interim report on the MHS Study. Mr. John Cox of J.L.
Cox Planning, made a presentation to Committee at that time.
The interim MHS document was presented at a Public Forum for
agencies and the general public on April 15, 1991. Comments
generated by the public and various agencies attending the
Forum were summarized in Report PD-109-91 and presented for
the Committee's information on May 6, 1991.
1. 3 A Draft Municipal Housing Statement was presented on
September 9, 1991 through Report PD-200-91. This report was
tabled to allow for clarification from Staff with regard to
Residential Intensification. An addendum to Report PD-200-
91 dealing with residential intensification was presented to
the General Purpose and Administration Committee on January
6, 1992 . At that time, the Committee and subsequently
Council, endorsed the Draft MHS.
1.4 As required by MHS guidelines, the Draft MHS has been
circulated to the Ministry of Housing and the Region of
Durham for review. In addition, it was also circulated to
the Permanent Access to Housing Committee. At this time the
consultant has produced a final Report which was forwarded
to Council under separate cover. . . . . 3
REPORT NO. PD-84-92 PAGE 3
1.5 During the preparation of the Town's MHS, the Town received
correspondence from the Durham Region Access to Permanent
Housing Committee (Attachment # 1) and the City of
Scarborough (Attachment # 2) with regard to accessory
apartments. The latter was referred to Staff for
consideration in the context of the MHS Study. This matter
is addressed in Section 3 .
2. PROPOSED HOUSING STRATEGY
2.1 The proposed housing strategy is contained in Section 7 .5 of
the Report. The MHS identified eleven housing issues facing
the Town of Newcastle. Objectives arising from the
identified issues, as well as, policies which can be
employed to achieve the objectives in the Town of Newcastle
are discussed, in detail in the report. However, to briefly
reiterate, the issues facing the Town are as follows:
• changing housing requirements in the Town
• availability of affordable housing
• limited supply of apartment rental units
• need for more assisted housing units
• growing need for seniors housing
• requirement for special needs housing
• existing housing stock is a valuable resource
• roles of local and upper tier governments
• integration of housing intensification within existing
neighbourhoods
• local housing market is constantly changing
• necessity for public education on housing issues
2 . 2 In preparing a strategy for housing in the Town of
Newcastle, the following objectives are recommended:
1. To encourage an adequate variety of housing across the
Town which will accommodate the growing diversity of
housing needs.
2 . To ensure a wide selection of housing types of
different affordability levels are made available
throughout the Town of Newcastle.
. . . .4
_ -7 -
REPORT NO. PD-84-92 PAGE 4
3 . Encourage the creation of additional rental housing
units and provide greater housing options to more of
the residents in Newcastle.
4 . To encourage the provision of additional assisted
housing to those groups requiring financial assistance.
5. To provide a greater range of housing options and
support services for seniors.
6. To provide a greater range of housing options and
services within the Town for those residents with
special needs.
7. To maintain the present housing stock of Newcastle.
8. To ensure a co-operative and efficient effort between
various levels of government.
9. To maintain the stability and character of established
residential neighbourhoods through clear direction
regarding the introduction of new
development/intensification.
10. To ensure an on-going and current understanding of the
changes and trends occurring in the housing market
through monitoring.
11. To encourage a greater understanding by the public of
housing issues.
2 . 3 Under each objective, there are a number 'of recommended
policies - 63 in total. Once adopted, this would become the
Town's housing strategy. (See Section 7 . 5 of the Town of
Newcastle MHS. ) The policies vary in complexity and detail.
Among the significant recommendations is a recommendation
for housing production targets. Generally housing targets
indicate to a municipality how many units will be required
to be constructed to house the forecasted population. These
targets then become the basis for evaluating the type of
residential development to be considered in the review of
plans of subdivision and other applications.
. . . .5
REPORT NO. PD-84-92 PAGE 5
2 .4 Other policies in the MHS deal with such matters as:
monitoring housing activity; public education; maintaining
the current housing stock; encouraging a range of housing
types and tenure; and the question of intensifying existing
residential areas through such means as infill,
redevelopment, and the creation of accessory apartments.
3. ACCESSORY APARTMENTS
3 . 1 Residential intensification has been the centre of much
attention. For example, the Sewell Commission on Planning
and Development Reform addressed residential intensification
in its March 1992 newsletter. Accessory apartments is one
form of intensification, although there are more.
Generally, accessory apartments are defined as self-
contained apartments created through converting part of or
adding on to existing homes (single detached, semi-detached,
duplexes, triplexes, row houses, etc. )
3 . 2 In a letter dated December 20, 1990, Ms. Joan Skelton from
the Durham Regional Access to Permanent Housing Committee,
asked Staff to consider allowing accessory apartments in
owner occupied dwellings provided that the minimum Building
Code, fire, health and safety standards are met (see
Attachment #1) . She considered accessory apartments to be
of benefit because they added to the supply of rental
housing stock without requiring large capital expenditures
by various governments.
3 . 3 In a similar vein, Council received a copy of a Resolution
adopted by Scarborough Council on March 20, 1991 to request
provincial government action on accessory apartments (see
Attachment #2) . The Town of Newcastle and other Councils in
the Regional Municipalities of Durham, Halton, Hamilton-
. . . . 6
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REPORT NO. PD-84-92 PAGE 6
Wentworth, Metropolitan Toronto, Niagara, Ottawa-Carleton,
Peel, Waterloo, and York and the municipalities within the
Census Metropolitan Areas of London, Toronto, and Windsor.
were requested to comment on the subject Resolution.
3 . 4 The Scarborough Council resolution requested the Provincial
government to give consideration to the following:
1. Amend the Development Charges Act to permit
Municipalities to levy Development charges on
additional dwelling units.
2. Ensure that all second units are assessed for property
taxes as duplexes in comparison with other duplexes
under the Assessment Act.
3 . Amend the Assessment Act to provide that the units in
absentee-owned houses with second units be assessed as
businesses.
4. Create a Municipal By-Law Court to deal with all By-
law infractions and Building Code violations;
5. Amend the Planning Act and The Municipal Act to provide
that the cost of work carried out under municipal order
shall be recovered "as taxes" ;
6. Amend the Metropolitan Toronto Act to provide that
fines payable upon conviction in court belong to the
municipality that originated the prosecution;
7. Amend the Court Procedures to permit a Prohibition
Order to be enforced by the Court granting such an
order;
8. Provide zoning by-law inspectors, property standards
inspectors, and building code inspectors with
reasonable and effective rights of access to dwellings,
for purposes of inspection for compliance with the
Ontario Building Code and municipal by-laws without
undue delay or expense;
9. Amend the Landlord and Tenant Act and the City of
Scarborough Act to provide that a landlord's refusal to
comply with the Building Code, the Fire Code and
municipal by-laws may result in the relocation of the
tenant and/or the municipality undertaking needed
repairs and maintenance, with all costs being recovered
as taxes;
) / o
REPORT NO. PD-84-92 PAGE 7
10. Amend the Landlord and Tenant Act to provide the
ability for a homeowner to evict expeditiously an
incompatible tenant from a second unit;
11. Amend Sections 38 (Temporary Use By-laws) and 44 (Minor
Variances) of the Planning Act to permit Municipalities
to enter into agreements with owners as a condition of
permission granted under the authority of those
Sections, and provide that these agreements are able to
be registered against the land to which they apply and
enforceable against any and all subsequent owners of
the land; and
12 . Amend The Municipal Act to permit Municipalities to
pass By-laws licensing and regulating units in houses
with second units.
3 . 6 The City of Scarborough requested the province to amend its
current legislation regarding the regulation of accessory
apartments. The responses of the Ministries of Revenue and
Housing were generally negative, or at best, neutral. Some
municipalities responded while others did not.
3 . 6. 1 Ministry of Revenue Response
The Minister responded to two requests - that all
second units be assessed as duplexes in comparison
with other duplexes, and that those in absentee-
owned houses be assessed as businesses. The
response was: 1) second units in residences will
continue to be assessed according to the value
each adds to the residence; 2) there is no promise
of a special effort to identify and re-assess all
houses with second units not now assessed as such;
and, 3) the Minister is not prepared to support
the request that units in absentee-owned houses
with second units be assessed as businesses.
3 . 6.2 Ministry of Housing Response
The Minister of Housing was not willing to
. . . . 8
REPORT NO. PD-84-92 PAGE 8
entertain any of Scarborough Council's requests
except "those suggestions for future improvement
to the planning and development framework which
will facilitate municipal administration while
respecting the equality of all residents. " The
Minister further rejected "discriminatory zoning,
i.e. , owner-occupancy regulations. " and
"amendments to legislation which would enable the
arbitrary eviction of tenants. "
3 . 6. 3 Municipal Responses
Scarborough Council's resolution was sent to 104
municipalities in Ontario. As of October 2, 1991,
10 municipalities had endorsed the resolution. A
further 16 municipalities had indicated that they
had received the resolution for information or had
passed it to staff for further comment, or review.
Other municipalities had not yet responded.
3 . 7 The Town of Newcastle Municipal Housing Statement has
addressed accessory apartments in Section 7.5.9 of the MHS.
Two specific recommendations are made: i) That the Official
Plan be changed to include a policy allowing accessory
apartments which are subject to a number of criteria (refer
to Staff Report PD-86-92) . ii) That the Town encourage the
Province to amend current legislation to allow right-of-
entry for regular inspections to ensure that building and
fire code regulations are met in accessory apartments.
It was noted earlier that the Durham Regional Access to
Permanent Housing Committee had stated that accessory
apartments should be allowed only in owner occupied
dwellings. Town Staff concur that it is neither legal nor
. . . .9
REPORT NO. PD-84-92 PAGE 9
desirable to allow accessory apartments for only owner
occupied dwellings. However, specific site criteria like
parking requirements, lot size, etc. are appropriate.
Moreover, Staff will be recommending a limit of one
accessory unit per dwelling.
4. APPROVAL PROCEDURE FOR THE TOWN'S MUNICIPAL HOUSING
STATEMENT
4. 1 Final Municipal Housing Statement
The MHS guidelines require that the final MHS document be
forwarded to Council for its adoption. It is also necessary
for Council to receive concurrence from the Region of
Durham. A copy of Council's resolution and eight copies of
the final document are then forwarded to the Provincial
Housing Analyst. Upon receipt of the final document, the
Ministry of Housing issues a letter of final approval and
final payment. (The remaining 50% of Study costs) .
4. 2 Public Presentation of Municipal Housing Statement
After the MHS is approved by the Ministry of Housing, the
Town of Newcastle is required to arrange a public
presentation of the report. All interested parties,
particularly those that contributed to the preparation of
the report, should be invited.
4. 3 It should be noted that Staff are working towards the
implementation of the MHS Study. In particular, a
monitoring report for 1991 has been prepared. Similarly, a
draft amendment to the Town of Newcastle Official Plan has
been prepared and is subject to a separate report (see
Report PD-86-92) .
. . . . 10
REPORT NO. PD-84-92 PAGE 10
5. CONCLUSION
The Town of Newcastle Municipal Housing Statement identified
eleven housing issues facing the Town. From these issues, a
number of objectives and polices have been developed to
formulate a housing strategy for the Town.
It is recommended that the Town of Newcastle Municipal
Housing be adopted and that a copy of the appropriate
resolution and eight copies be forwarded to the appropriate
agencies.
It is also recommended that Staff be authorized to advertise
and hold a public meeting to arrange for a public
presentation of the report.
Respectfully submitted, Recommended for presentation
to the Committee
JA,--,U
Franklin Wu, M.C. I.P. Lawrenc . Kotseff
Director of Planning Chief ffnistrative
and Development Office
TH*DC*FW*cc
Attachment #1 Correspondence from the Durham Regional Access to
Permanent Housing Committee
Attachment #2 Correspondence from the City of Scarborough
Interested parties to be notified of Council and Committee's decision:
Ms. Valerie Reid
Durham Regional Access to Permanent Housing Committee
132A Commercial Avenue
Ajax, Ontario. LlS 2H5
Ms. Dan Nichalson Mr. John Koopmans
Housing Analyst Senior Planner
Central Regional Housing Programs Office Durham Region Planning
Madison Centre, Lang Tower, West Bldg.
4950 Yonge Street 4th Floor
Willowdale, Ontario. M2N 6K1 1615 Dundas Street East
Whitby, Ont. L1N 2L1
1
THE CASE FOR ACCESSORY APARTMENTS
A report of the
Durham Regional Access to Permanent Housing Committee
The Case for Accessory Apartments
A report of the Durham Regional Access to Permanent Housing
Committee November 1990
There is no question there is a tremendous demand for low cost
rental accommodation . No single option is going to solve the
housing crisis . It will take concerted effort in a number of
directions , including a commitment to fund more non-profit and
co-operative housing . There also has to be an increase in the
number of rental apartments available in the private sector . One
way of achieving this is through the creation of Accessory
Apartments .
An Accessory Apartment is a private self-contained apartment
(with a bathroom, kitchen, livingroom and bedroom(s ) ) created
within an existing dwelling (single detached houses, semi-
detached houses , or townhouses ) or built into new dwellings .
A study released by the Ministries of Housing and Municipal
Affairs states "More than half a million homes in Ontario could
physically accommodate an extra self-contained dwelling within
the existing structure without compromising current space
standards . "
The document also stated that Canadian and American surveys show
between 12 and 16 per cent of homeowners would be interested in
converting part of their homes, if they could . (Neighbours :
Parking and Accessory Apartments A Metro Toronto Case Study) (1 )
Municipal zoning bylaws often restrict where Accessory Apartments
can be located and make requirements governing them so stringent
that they are in effect next to impossible to have legally,
without going through a municipal Committee of Adjustment ,
Planning Committee and/or Council .
We recognize the Provincial Policy Statement on Land Use Planning
for Housing approved by the previous government in 1989 addresses
the issue of Residential Intensification .
The Policy Stat.ement said municipalities have to identify
opportunities to increase the supply of housing through better
use of existing resources , buildings or serviced sites and adopt
a strategy to - make use of those opportunities by designating
areas in the official plan where each form of Residential
Intensification will be permitted and include zoning provisions
to permit Accessory Apartments as-of-right where they are
permitted uses in the official plan . (2)
-2-
However , the Durham Regional Access to Permanent Housing
Committee wants municipalities to be more permissive in the area
of Accessory Apartments .
The Committee is asking municipalities to allow an Accessory
Apartment in an owner-occupied dwelling (as outlined above )
provided minimum Building Code, fire, health and safety standards
are met .
We are suggesting that one Accessory Apartment be permitted per
owner-occupied dwelling anywhere in the municipality- without
requiring a rezoning .
Demographic Trends :
A number of demographic factors have developed which have had and
will continue to have tremendous impact on housing . These
Include :
-An increasing elderly population . . . In Durham Region alone, the
number of people aged 66 and over is expected to increase from
32, 470 in 1990 to 73, 640 in 2011 (Ministry of Treasury and
Economics ) . ( 3)
-A decline in the size of households . . .The average household in
Ontario dropped from 3 to 4 people in 1961 to 2 to 3 people in
1981 . (Canada Mortgage and Housing Corporation) . (4) The average
household size is expected to be lower still by the turn of the
century . Several things account for this trend including longer
life spans , more single parent families and fewer or no children
per family.
-An increase in the number of households due to such things as
divorce, migration, and new households forming as people move out
on their own away from their families .
Housing trends :
Changes In the Housing industry in recent years have affected the
supply of affordable rental housing . These include :
-3-
-A decline in private rental apartment construction . . .Canada
Mortage and Housing Corporation figures show the number of
private rental apartments built in Ontario ( in apartment
nuidlings of three units or more) declined from 9, 132 in 1985 to
9046 in 1989. Although at first glance this may seem like only a
small drop, it must be considered that the decline occured at a
time of boom in the residential construction industry. It should
be noted that over the same period, condominium construction went
from 3, 956 to 16, 894.
-The high cost of purchasing a house . . .Oshawa and District Real
Estate Board figures show that in the City of Oshawa, the average
selling price, of a house went from $101, 268 in 1986 to $185, 417
In 1989 . The cost of purchasing a house (including high mortgage
Interest rates ) keeps many first time home buyers out of the
market , thus affecting the supply of rental accommodation .
-The high cost of renting . . .According to CMHC' s October 1990
Rental Market Survey, the average rent for a vacant two bedroom
apartment in private buildings in the Oshawa Census Metropolitan
Area (Oshawa, Whitby and Newcastle ) was $743 per month . (6) The
high cost of renting a house in Durham Region is reflected in
figures from the housing registry operated by the Social
Development Council of Ajax-Pickering, which show three bedroom
homes renting for from $950 to $1, 200 a month, plus utilities .
-Low apartment vacancy rates . . .The CMHC October 1990 Rental
Market Report showed the vacancy rate in private rental
apartments ( in buildings of three or more units ) was 1.. 7 per cent
in the Oshawa CMA. (6) Although there has been an improvement in
the vacancy rate recently, many of the available apartments are
at the higher end of market rents .
-The existing housing stock . . .Most of the existing housing stock
In the Region of Durham is single-detached dwellings . A report
from Durham Region ' s Planning Department says that 66 per cent of
the housing stock in the Region in 1986 was single-detached
dwellings . This type of housing is forecast to reach 69 per cent
by 2001 . (6)
X85
-4-
From the above demographic and housing trends it is easy to see
why there is a shortage of affordable rental accommodation.
Accessory Apartments in owner-occupied dwelling units would
contribute significantly to the supply of rental accommodation .
There are many benefits associated with Accessory Apartments .
Benefits to the homeowner include:
-Revenue to help with mortgage payments for existing home
owners . . .With the high carrying costs of home ownership, renting
a flat can provide much-needed additional income .
-Revenue for the potential home buyer —The money received from
renting an apartment in a house can make the difference between
being able to afford home ownership and not being able to, or
purchasing a larger house .
-Security and companionship. .With an increasing number of elderly
people living alone in their own homes, having tenants can
provide someone closeby in case . of emergency while still
maintaining privacy and independence . Tenants can also assist
with chores in exchange for lower rent . A study (Neighbours : In
Your Neighbourhood ) commissioned by the Ministries of Municipal
Affairs and Housing states that "49. 7 per cent of the existing
houses which have potential for conversion across Urban Ontario
are presently owned by people who are over 55 years of age" . (7 )
Benefits to renters include :
-An increase in the supply of rental accommodation . With the
number of single detached dwelling units in the Region of Durham,
the potential for adding to the rental housing market through
Accessory Apartments is enormous .
-Lower cost for rental accommodation . As the number of
apartments increases, the cost of accommodation should be
reduced .
") 86
-6-
-Less costly alternative to institutionalization for the elderly .
An Accessory Apartment can be created in a house for an elderly
relative . The concept of Accessory Apartments is in line with
other Ontario Government policies such as "Aging in Place
Benefits to the community include :
-An increased variety of housing choices available to existing
and future residents . This is particularly important for low to
moderate income wage earners such as those in the retail , service
and small business sectors .
-Creation of housing at little or no expense to government .
-Better use of existing housing stock . There is increasing
concern about the preservation' of agricultural land and the
natural environment . Accessory Apartments are an excellent means
of helping achieve sustainable development .
-More cost-effective municipal services . A Regional Planning
staff report on "Shared Accommodation in Single-Detached
Residential Dwellings " noted that transit , water and sewer
services would be more cost .efficient for municipal governments
with increasing densities . (8)
We have demonstrated there are definite advantages to Accessory
Apartments . We recognize however , some concerns have
traditionally been associated with this type of accommodation .
Parking:
The most common argument used by those opposed to residential
Intensification, including Accessory Apartments , is that there
will be parking problems .
The previously referenced study of parking and housing
Intensification in Metro Toronto demonstrated that Accessory
Apartments . . . .can be successfully camouflaged in existing single
family housing providing little or no neighbourhood debate about
parking problems . The study also "demonstrated that Accessory
Apartments do not necessarily result in on-street parking
problems . In all but one of the (seven) case study areas , there
was sufficient off-street parking capacity on an area-wide basis
to accommodate the actual number of vehicles in the area"
(Neighbours : Parking and Accessory Apartments , a Metro Toronto
Case Study) (9)
,
-6-
A consultants ' report prepared for the Town of Penetanguishene
noted that "the concern about traffic and parking seems to have
little basis in fact . When 186 municipal officials were asked
how they located conversions, only one replied that increased
cars and traffic indicated converted homes " .
There are also parking options such as tandem parking and on-
street parking permits , which can be explored to accommodate any
Increase in the number of cars caused by the creation of
Accessory Apartments . (10)
In areas where parking could be a potential problem, options such
as widening driveways , rear-lot parking and off street parking in
nearby school , mall or church lots could also be considered .
If there are to be regulations on parking, we suggest one space
per Accessory Apartment unit .
Landlord Rights :
Some potential and existing landlords express concerns about the
difficulty in evicting undestreable tenants . In order to
encourage more people to put Accessory Apartments in their homes
consideration should be given by the Province to changes to the
Landlord and Tenant Act to provide the homeowner with more
eviction rights .
CONCLUSION:
We believe the case in favour of Accessory Apartments is clear .
We are calling on municipalities to allow Accessory Apartments in
owner-occupied dwellings provided minimum Building Code, fire,
health and safety standards are met .
As stated previously, increasing the number of apartments
available in private homes will contribute significantly to
solving the housing crisis .
A8
Bibliography
1 . Ministry of Housing and Ministry of Municipal Affairs :
"Neighbours : Parking and Accessory Apartments , A Metro Toronto
Case Study 1987
2. Ministry of Housing and Ministry of Municipal Affairs :
"Policy Statement . Land Use Planning for Housing" 1989
3. Ministry of Treasury and Economics : "Projected Population,
Components of Change and Age Structure by Sex, Durham, 1987-2011
1989
4. Canada Mortgage and Housing Corporation : "New Made-to-
Convert Housing" 1988
5 . Canada Mortgage and Housing Corporation : "Rental Market
Survey Oshawa CMA" October 1990
6 . Region of Durham Planning Commissioners Report to Planning
Committee . Report # 90-204 September 1990
7 . Lewinberg Consultants Ltd : "Neighbours : In Your
Neighbourhood" 1984
S . Region of Durham: "Planning Commissioner ' s report 81-273"
December 1981
9. see #1
10. McNair ar Marshall, Planning and Development Consultants :
"Residential Conversions Background Report " 1985
) 89
Attachment #2 tv17YOFSCARBOROUGH
J.W. Nigh A.M.C.T.,C.M.C.
City Clerk pp {� q
�PR 22 J 51 `"� 150 Borough Drive
S.F. Brickell,A.M.0.T. --
Deputy City Clerk Scarborough,Ontario
Canada M11?4N7
TO THE REGIONAL MUNICIPALITIES OF DURHAM, HALTON, HAMILTON-
WENTWORTH,METROPOLITAN TORONTO,NIAGARA,OTTAWA-CARLETON,PEEL, _
WATERLOO,AND YORK AND THE MUNICIPALITIES WITHIN THOSE REGIONS, AND
TO MUNICIPALrI1ES IN THE CENSUS METROPOLITAN AREAS OF LONDON,
TORONTO AND WINDSOR.
April 15, 1991
To the Municipal Clerk:
Re: Second Units: Requested Provincial Government Action
Enclosed for your comments is a copy of a Resolution adopted by Scarborough Council on
March 20, 1991.
A copy of a report dated February 28, 1991 of the Commissioner of Planning and Buildings,
relating to the Study, is also enclosed for your information.
Council would appreciate receiving the comments of your Council on the subject Resolution.
Yours truly,
" r g iC)N
CL�RK� -------------------
- - ----
pRI 4_I_._�1_
4J. W. Nigh -
City Clerk
SFB:il
Enclosures --
---
SCARBOROUGH PLANNING DEPARTMENT
TO:
CMIRMAN AND FR M ERS OF THE
SCARBOROUGH PLAIMM COMMIrIEE
RE: Housing Intensification Study
File: W87052
February 28, 1991 Agenda: March 7, 1991
On February 21st, while discussing the Housing Intensification Study,
Planning Committee directed the Commissioner of Planning to bring
forward to Planning Camuttee on March 7th a report setting out the
issues requiring provincial remedies.
As well as outlining the issues, this report sets out options for
Council action, and provides the context for its consideration of
these options.
Council commissioned the Housing Intensifications Study in 1988, to
enable it to decide if the zoning regulations should be changed to
permit basement apartments. "Basement Apartment" is the term
ccmmnly used in Scarborough to cover all second units, or accessory
units in houses. To avoid confusion, we will use the term second
units.
1. CON=: SBC1CW UNITS IN THE BOUSIM MAMW
Second units account for less than 10 per cent of Scarborough's
dwelling units. This relatively low proportion can be expected to
continue in the future, as long as Scarborough continues to provide
alternative opportunities to meet the housing needs of a growing
population in Scarborough and the Greater Toronto Area.
1.1 Opportunities for New Housing
In the 1980's and so far in the 19901s, Council decisions have
significantly increased housing opportunities, and indicated a desire
to further increase the city's housing stock.
approximately 3200 additional units per year through Official
Plan Amendments in the period 1980-1989.
permission for another 5000 units in late 1990 and early 1991
(Sheppard/Markham, and City Centre Fast Expansion)
t
Because the direction for this report was to set out the things the
Province should do, we deal with then in detail.
3. PAYING FC R,.SERVICES
3.1 Development (urges
The City can require that new units in infill development or
redevelopment pay development charges to account for their "share" of
the capital costs of new services. This includes new units in older
neighbourhoods with declining. population.
The Provincial Government apparently intended to exclude second units
from the Development Charges Act, although the wording of the
regulations is confusing and leaves room for doubt in some cases.
The Regulation reads:
112) a development charge by-law shall not impose a development
charge with respect to the creation of,
(a) one or two additional dwelling units in an existing single
detached dwelling; or
(b) one additional dwelling unit in any other existing
residential building."
3) A development charge may be imposed under clause (2) (a) if-the
total gross floor area of the additional one or two units
exceeds the gross floor area of the existing dwelling unit.
4) A development charge may be imposed under clause -(2) (b) if the
additional unit has a gross floor area greater than,
(a) in the case of a semi-detached or raw dwelling, the gross
floor area of the existing dwelling unit; and
(b) in the case of any other residential building, the gross
floor area of the smallest dwelling unit contained in the
residential building.
Gross floor area is defined as "the total area of all floors above
grade of a dwelling unit. . ."
Any new dwelling unit in a basement is automatically excluded,
through the definition of gross floor area.
2. Levy charges on all new units, whether or not additional
floorspace is being built.
The first alternative penalizes owners not creating a second unit;
the second penalizes those who are not effectively increasing demand
for services. 'In both cases, however, second units could be exempted
from paying development charges in areas where new capital services
will not be needed. They could be required to pay in areas where
capital upgrading is required.
To enable Council to keep all its options open, the Act could be
amended to allow development charges to be levied on both additional
units and additional floorspace.
3.2 Taxes
Many second units in Scarborough do not pay their fair share of
taxes, because they are not assessed. Second units add value to a
house. That added value should be recognized in the realty
assessment on the house, so that the property taxes it pays will be
commensurate with its value - including the value of the second
unit.
About 4,200 houses in Scarborough are identified by the Ministry of
Revenues assessment files as having second units. Up to 10,000 units
in Scarborough are not being fairly taxed.
According to a Ministry of Housing pamphlet providing advice to
homeowners thinking of putting in a second unit, they add about 10%
to the value of a house - or an additional 10% in property taxes.
The 10,000 untaxed units represent about $2 million in taxes.
To ensure that all second unit pay their fair share of taxes, Council
could request the Provincial Government to ensure that all second .
.units in Scarborough are assessed for property taxes.
4. ENFORCING NEIGHBOURHOM STANDARDS
There is a strong perception that many tenants "do not care" about
the neighbourhood, or their neighbours. This attitude is reflected
in their behaviour and in poor property maintenance.
4.1 More Effective Enforcement
The Property Standards By-law and the Noise By-law endeavour to deal
with these problems. They are susceptible to abuse, however. Cases
take a long time to get to court, fines or other costs can't be
collected, or enforcement of prohibition orders requires a laborious
trek through the courts.
Council could request some changes to existing enforcement
regulations and procedures could give these by-laws more teeth and
result in a more expeditious and cost - effective resolution of some
local problems:
Current Provincial legislation does not allow us to prohibit absentee
owners. That is "people zoning. " Any changes to Provincial
Legislation to permit us to prohibit absentee owners could run afoul
of Section 15, of the Charter of Rights and Freedcros. For such
provisions to withstand a charter challenge, the Province would have
to defend them in the Supreme Court of Canada as being "demonstrably
justified in a free and democratic society."
This may be difficult. Based upon what we understand is the leading
Supreme Court of Canada decision on this matter, it is unlikely that
a court would find that the province was justified in so restricting
the rights of absentee landlords.
Section 33 of the Charter of Rights and Freedcsns permits the
Province to declare that certain Acts apply notwitstanding the
Charter of Rights and Freedoms. This is an extra power, and to our
knowledge the Province of Ontario has never exercised it. It is most
unlikely that the Province would consider such a declaration for
dealing with absentee landlords.
If Council requests the Provincial Government to make changes that
would enable Council to prohibit absentee owners, it is very unlikely
that such changes would be sustainable in court.
5. ENfIORCM ZCNIM AND BUIIDIM STANDARDS: POWERS OF ENTRY FOR
INStPF7CIClRS
One of the main reasons Council authorized its Housing
Intensification study was because the existing zoning regulations
prohibiting second units can't be enforced. Zoning inspectors have
very limited powers of entry into the units. This is also an
important issue for residents. "Why have a by--law you can't
enforce?" was a constant derisive refrain at the Housing
-Intensification Study Ccminity meetings last spring.
Building Code and Property Standards Inspectors also` have similarly
limited powers of entry into dwelling units.
An effective, responsible, equitable second units policy requires
more effective enforcement - including the ability to identify
units.
The Provincial Government's Housing Policy Statement requires
municipalities to permit second units. But it also clearly implies
that municipalities can prohibit second units fram some areas, if the
existing services cannot support new households in the affected area,
or if the existing development can't accc:madate additional parking
or is otherwise unsuited to second units. If second units are to be
permitted in some areas, but not others; if one parking space is to
be provided for each unit; then zoning inspectors must be able to
identify units.
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8. GRANNY F.LA`IS
On December 17, 1990, Council referred back to the Planning
Department for further consideration with the Housing Intensification
Study, a Repo:�k requesting direction for the appropriate way to deal
with granny flats. Granny flats are a special class of second units.
They are temporary, freestanding second units occupied by elderly
relatives of the hc6_ er.
In dealing with granny flats, Council faces three major issues:
(i) should they be permitted as a land use?
(ii) how can their temporariness be assured? and
(iii) should they be restricted to senior citizens?
8.1 The band Use
If Council were to decide that granny flats were an acceptable land
use, across the whole city, it could amend the Official Plan and
Zoning By-laws to provide for them. If it were to approve them on a
site-specific basis, it can use either a Temporary Use By-Law, or a
Minor Variance.
No changes to Provincial legislation are needed to accommodate the
use.
8.2 T oTamri nes
To ensure that a granny flat is temporary and must be retx)ved at the
end of a specified period, the City requires a legally binding
agreement with the owner which can be registered against the land and
be binding on any and all subsequent owners of the land. Such
'agreements are explicitly provided for in Sections 28 (Community
Improvement), 36 (Increased Height or Density), 40 (Site Plan
Control) and 50 (Subdivision of Land) in The Planning Act, but not in
Sections 38 (Temporary Use By-laws) or 44 (Minor Variances) .
Council could request amendments to The Planning Act to provide for
such agreements in Section 38 and 44 of The Planning Act.
8.3 Occupants
Council has no ability to restrict the occupancy of granny flats to
Senior Citizens, or elderly relatives. In fact, Section 34a of The
Planning Act specifically prohibits the use of relations between
people as a way of regulating use.
Restricting occupancy of granny flats to Seniors could be viewed as
positive discrimination, however,in that it is a program or policy
for the benefit of a disadvantaged group.
1. Amend the Development Charges Act to permit municipalities to
levy Development charges on additional dwelling units or
additional floorspace in all existing residential buildings.
2. Ensure that all second units in Scarborough are assessed for
property taxes.
3. Create a Municipal By-Law Court to deal with all By-law
infractions and Building Code violations.
4. Amend The Planning Act and the Municipal Act to provide that the
costs of work carried out under municipal order may be recovered
"as taxes".
5. Amend the Metropolitan Toronto Act to provide that fines payable
upon conviction in court belong to the municipality that
originated the prosecution.
6. Amend the Court Procedures to permit a Prohibition Order to be
enforced by the Court granting such an order.
7. Amend The Planning Act to enable Municipalities to require that
second units only be permitted in houses where the owner lives
in the principal unit.
8. Provide zoning by-law inspectors, property standards inspectors,
and building code inspectors with rights of access to dwellings,
so that they can identify second units and enforce municipal by-
laws and the Ontario Building Code without undue delay or
expense.
9. Amend The Landlord and Tenant Act to provide that a landlord's
contravention of zoning regulations can be a legitimate cause .
for eviction; and provide that in cases of such evictions the
landlord be liable for damages and other costs to the tenant.
10. Amend Sections 38 (Temporary Use By-laws) and 44 (Minor
Variances) of The Planning Act to permit municipalities to enter
into agreements with owners as a condition of permission granted
under the authority of those sections, and provide that these
agreements are able to be registered against the land to which
they apply and enforceable against any and all subsequent owners
of the land.
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SECOND UNITS: REQUESTED PROVINCIAL GOVERNMENT ACTIONS
(Resolution Adopted by Scarborough Council, March 20, 1991)
WHEREAS The Provincial,Government's Policy Statement, "Land Use Planning for
Housing", requires Municipalities to provide for future housing needs; and
WIGS The City of Scarborough has provided for an additional 12,000 units in the
past 3 years by using the powers available to it under the Planning act; and
WHEREAS The Provincial Government requires Municipalities to permit second units
in existing houses to help meet future housing needs; and
WHEREAS The City conducted an extensive public involvement process for its
Housing Intensification Study, consisting of:
1. A brochure sent to all 171,000 Scarborough households in Fall
1989, inviting them to participate in the discussion of a policy for
basement apartments and which led to the establishment of a
mailing list of 5,400 respondents to the brochure;
2. Preparation of readily accessible background information on the
issue to provide better public understanding, which was sent to all
those on the mailing list;
3. 14 Community Meetings on the Basement Apartments issue,
attended by 750 Scarborough residents, and held in Spring, 1990,
notice of which was given to all those on the mailing list and to
a wide range of community groups, and which were also
advertised 4 in local newspapers and on the Community T.V.
channel;
4. 1,800 responses to an Opinion Survey which was sent to all those
on the mailing list;
5. Presentation of the Provincial Government's Housing Policy
Statement to 22 Community Meetings examining Scarborough's
Official Plan; and
WHEREAS The City requires additional powers to enable it to adopt a responsible,
fair, comprehensive policy for second units; and
WHEREAS Second Units may create demand for additional municipal services; and
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9. Amend the Landlord and Tenant Act and the City of Scarborough
Act to provide that a landlord's refusal to comply with the
Building Code, the Fire Code and municipal by-laws may result in
the relocation of the tenant and/or the municipality undertaking
needed repairs and maintenance, with all costs being recovered as
taxes;
W. Amend The Landlord and Tenant Act to provide the ability for a
homeowner to evict expeditiously an incompatible tenant from a
second unit;
11. Amend Sections 38 (Temporary Use By-laws) and 44 (Minor
Variances) of the Planning Act to permit Municipalities to enter
into agreements with owners as a condition of permission granted
under the authority of those Sections, and provide that these
agreements are able to be registered against the land to which they
apply and enforceable against any and all subsequent owners of the
land;
12. Amend The Municipal Act to permit Municipalities to pass By-laws
licensing and regulating units in houses with second units; and
THEREFORE This request is made so that the Provincial goal of providing additional
affordable housing can be achieved in a safe, financially responsible
fashion, that respects the quality of life for existing and future residents in
our neighbourhoods; and
THEREFORE Council directs that this request be circulated to all Municipalities subject
to the August 1, 1991, deadline for the implementation of the Provincial
Housing Policy Statement, and the Association of Municipalities of
Ontario; and
THEREFORE Council directs that a copy of this request be sent to all those on the
Housing Intensification Mailing List held in the Planning and Buildings
Department, and to all Community Associations, as well as the list of
Special Interest Groups that would be specifically affected by any
decisions that this Council makes on housing intensification and basement
apartments, the Seniors Groups, Multicultural Groups and the Ethnic
Press.
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