Report
to: Development Services Committee Report Date:
SUBJECT: Action Plan to implement a new Strategy for Second Suites
PREPARED BY: Interdepartmental Staff Working Group on Second Suites
RECOMMENDATION:
THAT the Report
dated
THAT a Public
THAT the report be made available to the public on the Town website and to those in attendance at the May 2008 Public Meeting of Development Services Committee and to those listed with the Town Clerk, as requesting notice.
EXECUTIVE SUMMARY
The Sub-Committee on Second Suites and the Interdepartmental Staff Working Group on Second Suites are recommending that a new Strategy for Second Suites be approved to permit second suites in single and semi-detached dwellings throughout Markham, but only through implementation of a strict regulatory regime to ensure all building and fire codes, driveway and parking standards and property standards are upheld.
At a statutory
public meeting held on
This report and
appendices summarize the five year process leading up to the recommended
strategy. To ensure the Committee and
public are fully
The following draft staff recommendations not only provide for the approval of a new Strategy for Second Suites and enactment of a Zoning By-law to permit second suites, but also an Action Plan to implement the new Strategy for Second Suites and identify the requirements of each of the Town’s Departments in delivering the Strategy.
Staff are recommending that the following strategy be
considered at the public
THAT Council approve a new Strategy for Second Suites,
comprising:
a) the introduction of Town-wide zoning permissions for second suites in single detached and semi-detached dwellings, subject to certain development and property standards;
b) the requirement for registration and registration renewal (every 3 years or upon change in property ownership) of any house with a second suite to ensure compliance with all applicable codes;
c)
development of a comprehensive
public education program (following enactment of Town-wide zoning permission)
to communicate changes to
d) the establishment of an 18 month monitoring program to monitor the implementation of the strategy and report on any further changes required to the strategy components, including among other things, whether interior property standards should be introduced, and whether the need and clear authority for licensing second suites has been established.
THAT Council take the following actions required to
implement a new Strategy for Second Suites:
a) the draft zoning by-law, attached to this report as Appendix “C”, to permit second suites Town-wide, in single detached and semi-detached houses, subject to specific development standards be enacted;
b) the Town’s By-law for Registration of Two-Unit Residential Occupancies (By-law 308-98) be amended to:
(i) require
re-inspection and registration renewal (every three years);
(ii) as a condition of a renewal, require that either the occupier consent to the re-inspection of the premises by the Town to determine continued compliance with the standards in place prior to registration or the registrant submit proof satisfactory to the Town that the property continues to comply with all applicable standards;
(iii)revoke any registration where the property in not in compliance with all relevant standards as set out in the Ontario Building Code and Fire Code, as well as compliance with all zoning and property standards; and
(iv)that applicants or registrants be provided with the right to a hearing in the event that a registration or renewal is refused or revoked.
c) the Town’s Property Standards By-law 248-1999 be amended to incorporate additional Fire Code provisions as they relate to the inspection of second suites in existing single detached and semi-detached houses;
d) a comprehensive public education program as outlined in this report be developed;
and
e) an 18 month monitoring program be established (from the day of By-law enactment); and
THAT Staff from the
Development Services Commission (
BACKGROUND:
On
On
a) a draft zoning by-law to permit second suites;
b) required amendments to the Town’s Property Standards By-law and Registration By-law;
c) any further changes required to the Town’s procedures for inspecting and registering second suites;
d) preparation of a comprehensive public education program; and
e) any financial implications associated with implementing the strategy.
Throughout April and May, the Town solicited input from the general public and official agencies on the content of the Subcommittee recommendations report and the proposed new strategy.
Opportunities for
the public to learn more about the proposed new strategy were provided in the
form of a public open house held at the Civic Centre on
Comments received
from both public meetings are attached in Appendix “A.” On
the May 20th public meeting. A copy of the FAQ handout (updated June 2008) is attached as Appendix “D” and is currently available on the Town website.
At the May 20,
2008 public meeting, the Committee recommended that the draft Zoning By-law and
strategy, be referred back to staff for a report and recommendation and that
the staff recommendation report be tabled for
PURPOSE:
To report on actions required
to implement a new Strategy on Second Suites.
DISCUSSION:
The Subcommittee on
Second Suites recommendations report was successful in drawing out public
opinion on second suites across
The recommendation of
the Subcommittee and Staff is to permit second suites in single and semi
detached dwellings throughout
Staff recognize the
success of the new Strategy for Second Suites will rely on the delivery of an
action plan to implement the strategy and an effective monitoring program to track
the implementation of the Strategy and report on any future changes required to
the Strategy components
In order to implement
and monitor the new Strategy for Second Suites, Staff are recommending the
following actions:
New Permission for Second Suites
The proposed new
Strategy for Second Suites contemplates an amendment to the Town’s Zoning
By-laws to add permissions for second suites Town-wide in residential areas
throughout
a)
both the
principal dwelling unit and the secondary dwelling unit must be wholly
contained within the single and semi detached dwelling;
b)
there are
no more than two dwelling units on the same lot;
c)
the maximum
floor area of the secondary dwelling unit is no more than 45% of the floor area
of the single or semi-detached dwelling as it existed prior to the
establishment of the secondary dwelling unit;
d)
the
secondary dwelling unit has a floor area of no less than 35m2;
e)
no more
than one dwelling entrance is contained within any main wall facing a
streetline; and
f)
the
entrance to either the principal or secondary unit is not contained within the
garage door.
The effect of the
proposed zoning by-law amendment is to increase the life safety of residents in
houses with second suites and increase landlord accountability for complying
with building and fire safety codes and zoning and property standards. Where zoning and code compliance is not
attainable an existing second suite must be removed.
The Statutory Public
Meeting of Development Services Committee to consider the proposed zoning
by-law amendment was held on
New Regulatory Controls for Second Suites
The success of the
proposed new strategy for second suites is reliant on
-
zoning
permission;
-
mandatory
inspection and registration;
-
enforcement
of property standards and driveway and
parking standards by-laws;
-
educating
landlords, tenants, real estate agents, and the general public on regulatory
procedures; and
-
monitoring
the re-inspection and renewal of registration for second suites at regular
intervals and whether the need and clear authority for licensing second suites
has been established.
The proposed new
strategy contemplates amendments to the Town’s Property Standards By-law and
Registration By-law, the development of a Comprehensive Public Education
Program, and the establishment of a Monitoring Program to increase
Mandatory Re-inspection and Registration
The Land Use Planning
and Protection Act (Bill 20) was introduced on
Bill 20 restored
municipal authority to determine where new second suites are to be permitted,
and what standards apply. However, certain existing two-unit houses are
“grandfathered”. These houses are recognized as permitted uses for planning
purposes. Municipalities have the authority to require that houses with
two-units are registered.
Grandfathering applies
to two unit houses when they have proof of existence of occupancy as two unit
residential units on
Registration is to be
used to require that owners declare a second unit. This identifies two unit
houses that must be upgraded to Section 9.8 of the Fire Code.
The proposed new Strategy for Second Suites recommends the requirement for registration and registration renewal (every 3 years) of any house with a second suite to ensure compliance with all applicable codes. The proposed new registration by-law should also include a provision which requires, as a condition of a renewal, that either the occupier consent to the re-inspection of the premises by the Town to determine continued compliance with the standards in place prior to first registration or the registrant submit proof satisfactory to the Town that the property continues to comply with all applicable standards. In addition, the by-law should also be amended to provide applicants or registrants the right to a hearing in the event that a registration or renewal is refused or revoked.
Re-inspection and Registration Fees
The Town’s Registration
By-law sets a specific fee for the registration and inspection of two unit
houses, however, once a unit is registered, no further fees are payable, unless
the registration has first been revoked.
Under the proposed new
Strategy for Second Suites, it is recommended that the inspection fee and
registration fee be waived for a period of one year. This phase in period will
allow staff the time to educate the public and also provide the owners an incentive to come forward and register a
second suite.
Amendment to Property Standards By-law Required
Current provincial
legislation does not enable the Town to refer to Section 9.8 of the Ontario
Fire Code as a prerequisite for registration in the Registration By-law as this
Section only applies to the “grandfathered” two unit houses. Section 9.8 (Retrofit) of the Ontario Fire
Code sets standards for two unit houses which were in existence on
By including the
Section 9.8 provisions as a requirement of registration in the Town’s Property
Standards By-law, all owners of second suites that were created after November
16, 1995 will have to comply with the same requirements of Section 9.8 that
currently apply to “grandfathered” two unit houses. Owners who fail to comply
with these requirements would have a Notice of Violation issued against them or
face prosecution.
It is recommended that
the Town’s Property Standards By-law be amended to specify standards which a
house with two units must meet to be eligible for registration.
Implementing a new Second Suites Policy – Fire & Emergency
Services
Fire and Emergency
Services Staff are aware that the implementation of a new Second Suite Strategy
and Zoning By-Law will result in a three year cycle re-inspection program as
well as additional requests for new second suite inspections.
Please refer to the following table:
Available Hours Per Officer Per Year 1,465
Projected Workload Re-inspection Hours Per
Inspection Total
Hours
Approximately 600 2 1200
Projected Workload – New Inspections 5 1410
Approximately 282 (Double 2007#’s)
FTE Equivalent
1.78
The projected workload
for new inspections is based upon twice the amount of second suite inspections
during 2007 because of the incentives for owners to voluntarily register As can
be seen, the requirement for additional inspections will require 2 full time additional
resources including the following infrastructure needs:
·
Work space,
IT equipment including mobile tablets, telephone, cell phone and vehicle
equipped with tablet brackets.
Enforcement of Property Standards and Driveway and Parking
Standards By-laws
As previously mentioned, residents raised concerns during
the public meetings regarding the potential for excessive front yard parking
and poorly maintained yards (due to absentee owners) should permissions be
granted for second suites. Staff is
proposing that the work associated with the inspection of second suites be
assigned to the 2 Officers currently assigned to the Extended Driveway
Program. Under this proposal, the
Officers will complete a proactive inspection of all registered second suites
(for exterior property standards and extended driveway purposes) and will provide
for an inspection of any new applications for registration.
The above proposal is predicated on the conversion of the
existing two contract positions for the Extended Driveway program into
full-time positions in 2009. In
addition, staff will monitor the enforcement resources required and report back
in future budgets if additional resources are required.
Possible Enactment of Interior Property Standards
Regulations
During its
deliberations, the Subcommittee on Second Suites discussed the need to regulate
the interior condition/quality of second suites via possible amendments to
Internal Property Standards Options
Table:
|
Option
1 (minimum standards) |
Option
2 (comprehensive standards) |
|
Minimum Suite Sizes (bathroom/ kitchen) |
Option 1, plus the following: |
|
Garbage Handling |
Basement Floors/ Windows |
|
*Requires conversion of 2 existing contract extended driveway positions |
Stairs/ Landings |
|
|
Plumbing/ Electrical |
|
|
Heating/ Water/ Ventilation |
|
|
|
|
|
*Requires 2 additional full-time resources |
Option 1 incorporates minimal requirements for the size of second suites and provides guidance on the proper handling of garbage. These new regulations would be enforced by Town staff, with all other internal property standard regulations continuing to be enforced by the Province. Option 2 is the implementation of a comprehensive internal property standard framework, also to be enforced by Town Staff. Implementation of this Option would result in the Province no longer being involved in the process.
Implementation of either Option 1 or 2 will require additional staff resources if current service levels are to be maintained. As such, staff is not recommending the implementation of either Option at this time. Instead, it is suggested that the need for enacting interior property standards regulations be monitored during the proposed 18 month review period. At the end of this time, staff will assess any concerns raised relative to the interior condition of second suites and prepare a report on same to Committee.
Educating landlords, tenants, real estate agents, and the
general public on regulatory procedures
Proposals for a new Strategy for Second
Suites has been in progress for several years in
During public consultation on a new strategy, feedback indicated that any new permission for second suites must be accompanied with strong inspection and enforcement practices.
The proposed new Strategy for Second Suites strategy strikes a balance between the concerns of residents and the need to provide reasonable opportunities for secondary dwelling residency.
Staff from Corporate Communications have attached a proposed communication strategy and tactical plan for the new Strategy for Second Suites as Appendix “E”. It outlines the key messages of the strategy and an estimated budget for Communications.
Monitoring the re-inspection and renewal of registration
for second suites at regular intervals and whether the need and clear authority
for licensing second suites has been established
It is recognized the
success of a new Strategy for Second Suites will be reliant on an effective
monitoring program to track, among other things:
·
voluntary inspection and registration of second
suites including the effect of one year incentive
program;
·
property standards inspections (including the
need for new internal property standards by-law);
·
the registration renewal program; and
·
whether the need and clear authority for
licensing second suites has been established.
Prior to 2007, the Municipal Act prohibited the licensing of rental accommodations by municipalities. With the enactment of Bill 130, municipalities were provided expanded
powers in this area. It is important to note however, that the licensing of rental units is in early stages of consideration by municipalities and a number of enforcement/administrative issues are still to be resolved. There are also staff resource implications associated with the creation of a licensing framework. More specifically, it is estimated that additional staff resources would be required to administer and enforce a licensing component of the second suite program.
Although staff
recognize that the regulatory and enforcement benefits associated with the
implementation of a licensing framework for second suites are potentially
significant, staff are recommending a continuation of the current registry
system to allow staff to continue to assess the potential benefits of
licensing. Should enforcement problems
and/or compliance issues emerge during the proposed 18 month monitoring period,
staff will report back to Committee with the licensing options available.
FINANCIAL CONSIDERATIONS:
Financial Impact of additional Fire Prevention:
The cost
(salary plus benefits) of two 1st class fire prevention officers is
estimated at approximately $190,000. The work requirement for second suites
will be re-evaluated and further staffing decisions can be made after the
program has been implemented. These
positions are required for both Options 1 and 2 (See Page 8). Work
space, IT equipment including mobile tablets, telephone, cell phone and vehicle
equipped with tablet brackets will cost an additional $40,000 per officer for a
total of $80,000.
Financial Impact of Enforcement of Property Standards
The 2009 budget includes funding for 2
extended driveway contract officer positions in the amount of $118,000
including benefits. The cost for Option 1 for 2 full-time Provincial
Offenses Officers (POO II) is $145,000 or an additional cost of $27,000
including benefits. The cost for Option
2 would require 2 additional by-law enforcement officers at an incremental cost
of $145,000 including benefits. In
addition, for Option 2 only there would be an equipment cost including work
space, IT equipment, mobile
tablets, telephone, cell phone and vehicle equipped with tablet brackets will
cost an additional $40,000 per officer for a total of $80,000.
Financial Impact of Interior Property Standards
Regulations
In summary, the estimated direct salary costs and associated expenses of implementing the Second Suites Strategy are as follows:
|
|
Option
1 |
Option
2 |
|
2 Additional Fire Prevention Officers |
$190,000 |
$190,000 |
|
Fire
Prevention Officers Equipment |
$80,000 |
$80,000 |
|
Property Standards Enforcement |
$27,000 |
$145,000 |
|
Enforcement Officers Equipment |
$0 |
$80,000 |
|
Licensing Rental Accommodations |
TBD |
TBD |
|
TOTAL |
$297,000 |
$495,000 |
The financial information in this report is preliminary subject to further review and approval.
BUSINESS UNITS CONSULTED AND AFFECTED:
Staff from Fire, Building, Planning, Legal, By-law Enforcement, Clerks and Corporate Communications were contributed to the preparation of this report.
RECOMMENDED BY:
_________________________________ __________________________________
Jim Baird, M.C.I.P., R.P.P Andy Taylor
Commissioner of Development Services Commissioner of Corporate Services
_________________________________ ___________________________________
Brenda Librecz Catherine Conrad
Commissioner of Community Services Town Solicitor
ATTACHMENTS:
Appendices:
Draft Amendment to Zoning By-laws
Frequently Asked Questions (Updated June 2008)
Proposed Communications Strategy
Q:Development/