Report to: Development Services Committee Report Date: June 19, 2007

SUBJECT: A Review of the Town’s Strategy for Second Suites

PREPARED BY: Murray Boyce, Senior Policy Coordinator

RECOMMENDATION:

If Development Services Committee determines it is appropriate to undertake a review of the Town’s Strategy for Second Suites, it is recommended:

THAT a Subcommittee of Development Services Committee be established to review the continued appropriateness of the Town’s current strategy for second suites and to investigate whether options for a strategy that would apply wider zoning permissions for second suites should be considered for public review and input.

THAT the Subcommittee include a cross-section of members of the Development Services Committee, as outlined in this report.

AND THAT the Subcommittee report back to Development Services Committee in the fall on a preferred option(s) for moving forward with a strategy for second suites including a public consultation/engagement process.

EXECUTIVE SUMMARY:

Not required.

PURPOSE:

The purpose of this report is to seek direction from the Development Services Committee on the establishment of a Subcommittee of the Development Services Committee to review the continued appropriateness of the Town’s current strategy for second suites and to investigate whether options for a strategy that would apply wider zoning permissions for second suites should be considered for public review and input.

BACKGROUND:

On May 15, 2007, the Development Services Committee received a presentation on “A Strategy for Second Suites.” A copy of the powerpoint presentation handout is attached as Appendix “A” to this report. The presentation responded to the March 8, 2005 request of Council to provide a status report on the delivery of enhanced procedural changes for “grandfathered” two unit houses.

Two Unit Houses grandfathered by Provincial Legislation

Two unit houses or houses with a second suite are generally not permitted in the Town of Markham, except in specific instances where the zoning permits them, or where the two unit house was in existence on November 16, 1995 and was grandfathered under provincial legislation, Bill 20.

There are policies in the Official Plan to permit accessory apartments in association with single detached or semi-detached dwellings, provided all of the provisions of the zoning by-law can be met. The majority of Markham's zoning by-laws currently do not permit second suites.  For a brief period in the early 1990's, the NDP provincial government passed legislation to prevent municipalities from prohibiting two unit houses in their zoning by-laws. When the PC provincial government was elected they repealed the previous legislation and grandfathered units in existence on the date the new legislation was introduced. As a result, Markham does have a process for inspecting and registering two unit houses that were in existence on Nov. 16, 1995. There is a $300 inspection fee and $150 registration fee. 

In March 2005, Council reconfirmed its priorities for life safety, compliance with zoning and property standards, and improved customer service, by adopting improved inspection and registration procedures for legally established grandfathered two unit houses as the Town’s current strategy for second suites.

Procedural Changes since 2005

Since March 2005, staff from the Fire Services, Legal, By-law Enforcement, Building, Zoning, and Corporate Communications Departments, among others, formed a Two Unit House Implementation Group to move forward as quickly as possible to implement the Town’s current Strategy for Second Suites. The Deputy Fire Chief and Chief Fire Prevention Officer and Fire Services took the “lead” in coordinating a corporate response to complaints and requests and to delegating a number of implementation tasks to Town staff to complete.

Appendix B highlights some of those procedural changes that are now in place including:

· Amendments to the Town’s registration by-law to provide better clarity on the definition of a residential unit and two unit house consistent with the provincial definition;

· An updated Two Unit House Declaration Form which places greater onus on the owner to demonstrate the two unit house existed under the provincial legislation and was in use or occupied prior to November 16, 1995;

· New Fire Services access to Amanda database to provide a central Town reference system of complaints, orders, request inspections, declarations, permits, registrations, etc;

· Improved procedures for inspecting and registering legally established “grandfathered” two unit houses only and enforcing illegally established units;

· An in-house public information sheet specifically for owners, landlords, architects, engineers builders, general contractors for use as a guide to inspection and registration of “grandfathered” two units houses;

· New staff in Fire Services and By-law Enforcement to distribute the workload attributed to two unit house inspections in a more balanced way.

Policy Changes since 2005

The policy regime has also undergone significant changes since Council adopted its current Strategy for Second Suites.

In October of last year, Bill 51(An Act to amend the Planning Act and the Conservation Land Act and to make related amendments to other Acts) received royal assent. In an effort to promote a range and mix of housing types, the Province has provided municipalities with the ability to adopt Second Suite official plan policies without being subject to appeals, except at the time of a five year Official Plan Review. For municipalities like Markham, that already have Official Plan policies in place, the Province has also provided the ability to pass zoning by-laws to implement second suites policies that cannot be appealed to the Ontario Municipal Board . Appendix “B” highlights the Bill 51 policy changes for Second Suites.

Both the Provincial Growth Plan for the Greater Golden Horseshoe and the emerging Regional Growth Management Strategy encourage second suites in the built-up area, to facilitate intensification. In fact, York Region recognizes local infill and second suites as a contribution towards the provincial intensification target of 40% of all new residential development occurring in the built up area of York Region annually from 2015 on. The Markham Centre Zoning By-law adopted in 2004 permits second suites (accessory dwellings) in single, semi-detached, multiple and townhouse dwellings. In Cornell, second suites, in the form of coach houses above detached private garages, have historically been permitted and, more recently, coach houses above garages are now permitted within or attached to the main building, subject to special provisions.

The Town conducted an extensive public consultation process in late 2005 and early 2006 for a driveway by-law and a by-law was passed on June 27, 2006 to regulate the widening of driveways. Council also concluded that the on-street overnight parking program would not be expanded. With these two tools in place (driveway by-law & no expansion of overnight on-street parking) the appearance of homes, with or without a second suite, will be comparable.

Pickering and Burlington have in recent years joined Newmarket, East Gwillimbury, Guelph, Barrie, among other Greater Golden Horseshoe communities in adopting a policy framework to permit second suites. Many of these communities are responding to increased public interest in adaptive, accessible, affordable “Flex Housing” and there is increased development industry interest in permitting second suites in new housing developments. The Town has adapted the application of Development Charges to new housing products such as live/work townhouses and semi-detached duplexes in Cornell which could be considered de facto second suites

OPTIONS/ DISCUSSION:

Given that new procedures are now in place and new legislation and policies have been introduced, the Development Services Committee may wish to again review the continued appropriateness of the Town’s current strategy for second suites and investigate whether options for a strategy with new wider zoning permissions for second suites, should be considered for public review and comment

If the Committee determines it is appropriate to undertake this investigation, it is recommended that a Subcommittee be established, including a cross-section of members of Development Services Committee with diverse viewpoints on the issues associated with second suites, members who represent a regional constituency, members who have a high proportion of second suites in their ward, and members who share an interest in addressing the possible contribution of wider permissions, to providing for an increase in rental and affordable housing stock across the Town.

If this alternative is supported, it is recommended that the Subcommittee report back to Development Services Committee in the fall on a preferred option(s) for moving forward with a strategy for second suites, including involvement of the community in a public consultation/engagement process.

FINANCIAL CONSIDERATIONS:

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

None.

ACCESSIBILITY CONSIDERATIONS:

None.

ENGAGE 21^ST CONSIDERATIONS:

None.

BUSINESS UNITS CONSULTED AND AFFECTED:

Staff from Fire Services, Building Standards, Clerks (By-law Enforcement), Planning and Urban Design, Legal and Corporate Communications were consulted on the recommendations/actions outlined in this report.

RECOMMENDED BY:

________________________ ______________________________

Jim Baird, M.C.I.P., R.P.P. Valerie Shuttleworth, M.C.I.P.,R.P.P

Commissioner of Development Services Director of Planning and Urban Design

ATTACHMENTS:

Appendix “A” – May 15, 2007 Presentation to Development Services Committee entitled

“A Strategy for Second Suites”

Appendix “B” - Highlights of Procedural Changes for Two Unit Houses and Policy

Changes for Second Suites

Q:development\planning\MISC\MI464\Second Suites\DSC Reports\June19th 2007 report Second Suites