Council Meeting – December 10, 2019 - Norfolk County, Ontario · 2020. 1. 8. · DCS 19- 126 Page...

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Working together with our community

Council Meeting – December 10, 2019

Subject: Accessory Residential Dwelling Unit Policy and By-Law Updates (OPNPL2019264 and ZNPL2019265) Report Number: DCS 19-126 Division: Development and Cultural Services Department: Planning Purpose: For Decision

Executive Summary:

At the request of Norfolk County Council, an amendment to the Norfolk County Official Plan and Zoning By-Law has been prepared to enable accessory residential dwelling units in the County’s Urban Residential Zones (R1-R4), the Hamlet Residential Zone, and the Agricultural Zone, both in the primary dwelling and in an accessory building or structure.

History: On April 2, 2019, Council requested that Planning Staff bring forward an information report regarding tiny homes and other affordable housing options. On July 2, 2019, staff presented an information report to Council (DCS 19-77) regarding affordable housing options and tiny homes. This information report covered the following topics:

• Different forms of tiny homes • Current tiny home housing conditions in Norfolk County • Options to permit additional affordable housing options, including tiny homes

Council carried the following motion:

THAT Staff Report DCS 19-77, Affordable Housing Options and Tiny Homes, be received as information;

AND THAT Council direct staff to bring a detailed report back to Council specifically outlining:

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• Accessory residential dwelling unit best practice examples from other Canadian municipalities, specifically reviewing how such units are permitted in accessory structures.

• Draft amendments to the existing Norfolk County Official Plan and Norfolk County Zoning By-Law for accessory residential dwelling unit policies and criteria in order to permit accessory residential dwelling units in accessory structures in addition to within the primary dwelling.

• Draft amendments to the Norfolk County Official Plan and Norfolk County

Zoning By-Law with options to permit accessory residential dwelling units in:

o Option A - Only designated Urban Areas o Option B - Only designated Urban and Hamlet Areas o Option C - Only designated Urban, Hamlet, and Agricultural Areas

• Draft amendments to the Norfolk County Community Improvement Plan for

grants or incentives related to the construction of accessory residential dwelling units and tiny homes.

AND FURTHER THAT Council direct staff to hold a Public Engagement Session to gather community input on any proposed accessory residential dwelling unit policy changes and include public input in the future Staff Report to Council; AND FURTHER THAT Planning staff coordinate the Public Engagement Session with the Housing & Homelessness Plan Review public engagement session.

This report is prepared to satisfy the above motion. In addition, Council asked staff to explore any Norfolk County owned lands that may be suitable for a potential tiny home community. Staff worked with GIS Services to identify parcels which are owned by Norfolk County, at least 1 acre in size, within the Urban Boundary, or Hamlet area. This map is attached as Appendix A. Housing Services has identified the acute need for affordable housing units in Norfolk County, and this report aims to provide potential options to revise existing regulations to permit tiny homes and other housing forms in more places as-of-right. Housing Services is currently overseeing the 10 Year Housing and Homelessness Plan study. It was hoped that joint public engagement sessions would be hosted, however due to different timings of these projects, Planning staff hosted separate engagement sessions for the accessory residential dwelling unit policy updates project. All public comments were forwarded to Housing Services for their consideration in the 10 Year Housing and Homelessness Plan project.

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Discussion:

Summary of DCS 19-77 Staff presented DCS 19-77 to Council on July 2, 2019. The full report is attached as Appendix B, and is summarized below.

• There is no broadly recognized definition for a tiny home • Tiny homes on foundation fall under the definition of a single detached dwelling if

on its own property, or an accessory residential dwelling unit if ancillary to the main dwelling on the lot

• Tiny homes on wheels fall under the definition of mobile home or trailer • The Norfolk County Zoning By-Law does not contain a provision for a minimum

dwelling size, which is a roadblock to tiny homes in other municipalities • The default minimum size is contained in the Ontario Building Code at 13.5

square metres (145 square feet) plus a washroom • Providing a broad range of housing types and tenures is encouraged by

Provincial policies, the Norfolk County Official Plan, and the Norfolk County Housing Study

• Tiny homes and other forms of accessory residential dwelling units have been successful in contributing to the range of housing types and tenures in other Canadian municipalities

Accessory Residential Dwelling Unit Policies in Other Municipalities Staff reviewed other municipalities’ Official Plans and Zoning By-Laws to note what criteria were considered for accessory residential dwelling units, both within the primary dwelling and in accessory structures. Examples of accessory residential dwelling unit (or equivalent) zoning provisions from several municipalities are listed in Table 1 below. Other municipalities have provisions for these uses, however are not listed in this table. Table 1: Accessory residential dwelling unit (or equivalent) zoning provisions from other Canadian municipalities

Municipality Criteria Brant County Location Not within flooding hazard areas, not permitted

above the first floor in accessory buildings Forms Within primary dwelling only Area Minimum 35 square metres Parking 1 parking space, must be on the same lot, cannot

be a tandem parking space Servicing Unit must be fully serviced and servicing capacity

must be available to the County’s satisfaction. Setbacks N/a – within primary dwelling Height N/a – within primary dwelling

Prince Edward County

Location Not within Limited Service Residential zone (development on private roads)

Forms Within primary dwelling, or in accessory building

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Area In primary dwelling: less than 50% gross floor area, no smaller than minimum size in Ontario Building Code, must be built for year-round occupation In accessory building: 60 square metres or less, no smaller than minimum size in Ontario Building Code, accessory building included in lot coverage calculation, 7.5 metres from rear and side yard lot lines, existing buildings with deficient setbacks can be used, must be built for year-round occupation

Parking 1 space per second dwelling unit Servicing Municipal services, or in areas on private services

sufficient servicing capacity must be demonstrated Setbacks Rural areas: 7.5 metres from side and rear property

lines, all other regulations apply Height Standard accessory building height maximum

applies City of Brantford Location Not in flood hazard areas

Forms Within primary dwelling, or in accessory buildings (but not above the first floor). Maximum 2 bedrooms.

Area At or above grade: no larger than 50% primary dwelling gross floor area or 110 square metres Basement: may occupy entire basement

Parking No additional parking spaces required Servicing (No criteria) Setbacks Standard accessory building provisions Height Standard accessory building provisions

City of Ottawa (Note: the City of Ottawa includes the urban centre surrounded by a vast amount of rural land with smaller hamlets)

Location Urban, suburban, hamlet and agricultural areas Forms Within the primary dwelling (‘secondary dwelling

unit’) or in accessory building (‘coach house’) Area 40% or less of principal dwelling gross floor area, to

a maximum 40% of the yard in which its located, with some area specific maximums

Parking No parking requirements Servicing Services must be through the principal dwelling for

municipal or private services. Lot must be at least 0.4 hectares in size if coach house is on private services

Setbacks Minimum 4 metres from side and rear lot lines, unless abutting a lane in which case a maximum 1 metre setback

Height Coach house: 4.5 metres, or 6.1 metres if part of a garage, lesser of the primary dwelling height or 3.6 metres with a pitched roof or 3.2 metres with a flat roof.

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Staff reviewed the policies in other municipalities to help inform what provisions should be considered when permitting accessory residential dwelling units, particularly those in accessory structures.

Summary of Draft Official Plan Amendments Table 2 below outlines a summary of the proposed Official Plan amendments. Details are contained in the Official Plan amendment By-Law document. Table 2: Summary of the proposed Official Plan amendments

Section Before After 5.3.3.1 a) ARDU’s only permitted within the

primary dwelling in Urban Areas ARDU’s permitted within the primary dwelling or in an accessory building in Urban, Hamlet, or Agricultural Areas

5.3.3.1 d) Municipal services required Municipal or private services required

5.3.3.1 f) Detailed criteria listed Detailed criteria removed, only being included in the Zoning By-Law

7.2.1 7.5.1

ARDU permitted in Urban Residential designation

ARDU permitted in Urban Residential, Hamlet, and Agricultural designations

7.2.3 c) (new policy) ARDU cannot be severed from the primary dwelling in the Agricultural Area

Summary of Draft Zoning By-Law Amendments Table 3 below outlines a summary of the proposed amendments. Details are contained in the Zoning By-Law amendment document. Table 3: Summary of the proposed Zoning By-Law amendments Section Before After 2.1 ‘Accessory Apartment’ defined Definition removed, references in

Special Provisions 14.557 and 14.831 replaced with ARDU definition

2.2 Accessory building cannot contain a dwelling unit or habitable room

Accessory building can contain an accessory residential dwelling unit, subject to the applicable criteria

2.52.1 ARDU permits only 2 bedrooms. Remove reference to number of bedrooms from definition of Accessory Residential Dwelling Unit

3.2.3 ARDU only permitted within the primary dwelling

ARDU permitted within the primary dwelling or in an accessory building

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3.2.3 Municipal services required Municipal or private services required

3.2.3 Maximum 2 bedrooms in an ARDU (Removed) 3.2.3 (New provision) Maximum ARDU size in an

accessory building is 45% gross floor area of the main dwelling, excluding any deck or unenclosed porch

3.2.3 A Bed and breakfasts and an ARDU are not permitted on the same lot

(Removed)

3.2.3 Contained in section 3.2: Setbacks for side yard: 1.2 metres, Setbacks for rear yard: 1.2 metres

ARDU required setback from interior side yard and rear yard: 3.3 metres

3.2.3 (New provision) An ARDU contained in an accessory building must be located a maximum of 30 metres from principal dwelling unit

3.2.3 4.2.4

One parking spot for each ARDU Keep the same requirement

5.4.1 5.7.1 12.1.1

ARDU permitted in R1, R2, R3 Zones

ARDU permitted in R1, R2, R3, R4, RH, and A Zones

5.0 Draft Community Improvement Plan Amendments The current Norfolk County Community Improvement program contains provisions regarding residential conversions and rehabilitation grants, however the existing policy only allows for the conversion of a non-residential building for residential purposes. For example, if there is an existing store front in a downtown that has a vacant second storey, the CIP would enable the conversion of this space into residential space. According to Economic Development and Tourism staff, the current CIP framework could not be used for the conversion of an accessory building or structure into an ARDU. To accommodate this request, Economic Development and Tourism staff have requested additional time to bring a policy and budget to Council separately in the spring of 2020.

6.0 Norfolk County Owned Lands Council expressed interest at the meeting on July 2, 2019, regarding the availability of Norfolk County-owned lands for the opportunity to build tiny homes. Planning Staff worked with GIS Services staff to gather a list of parcels meeting the following criteria:

• Owned by Norfolk County • Minimum 1 acre area

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• Within urban boundary • Vacant • Not a park

The resulting mapping is attached as Appendix A. None of the parcels meeting the criteria area are considered suitable for a ‘tiny home community’ development. Lot configuration, environmental features, location, access, proposed use and adjacent uses limit the viability for all of these parcels to become a ‘tiny home community’.

Financial Services Comments: All types of residential development have a positive impact on assessment growth and tax revenues. The amount of growth is dependent on the assessment of the properties by the Municipal Property Assessment Corporation (MPAC). Depending on the specific development, Norfolk County may also receive Development Charges as per the most recent Development Charges By-law. In the case of a multi-unit development such as a subdivision, development charges would be offset by increased costs as a result of Norfolk County assuming the subdivision infrastructure, amenities and operating costs.

Interdepartmental Implications:

Circulation Comments:

Housing Services Circulated – no comments received.

Building and By-Law Planning staff have worked closely with the County’s By-Law examiner to develop the ARDU amendments in the Norfolk County Zoning By-Law.

Tourism and Economic Development Circulated – no comments received.

Regard For Public Input: Staff hosted three public engagement sessions on the proposed amendments for accessory residential dwelling units in September 2019. Staff organized the public engagement sessions through the week, in different areas of Norfolk County in the hopes of attracting greater participation. Planning staff worked with the Norfolk County Communications Department to advertise the public engagement sessions using the following methods:

• Newspaper ads • Facebook postings • Facebook events • Flyers distributed to Norfolk County libraries, arenas, and administration buildings • Radio ads • Message board at Norfolk Street North and the Queensway in Simcoe

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15 people signed-in to the public engagement session on September 11, 2019, at the Port Rowan Community Centre. 5 people signed-in to the public engagement session on September 12, 2019, at the Delhi Arena. 22 people signed-in to the public engagement session on September 18, 2019, at the Simcoe Rec Centre. Actual attendance is estimated to be slightly higher as some people did not sign-in. Attendees were able to complete comment forms. 14 comment forms were received, and 5 forms related to the proposed zoning provisions for accessory residential dwelling units in accessory structures. All comment forms filled out by the public are attached as Appendix C. Generally the following comments were received:

• Support for allowing accessory residential dwelling units in Agricultural, Hamlet, and Urban Residential designations

o Staff comment: this support is in keeping with the recommendation. • Accessory residential dwelling units should be permitted both within the primary

dwelling and within an accessory structure on the same property, provided the zoning provisions can be met

o Staff comment: In 2020 changes will be implemented in the Planning Act to allow two accessory dwelling units on a property: one in the primary dwelling and one in an accessory structure, as opposed to either or. Staff have not proceeded with including this ‘and’ clause at this time, but this option may be explored in the future after monitoring of the take-up rate for these units, should the amendments be approved.

• Proposed side yard and rear yard setbacks are not sufficient o Staff comment: Staff have considered the public opinion on setbacks and

reviewed other dwelling setback provisions for dwelling units in the Norfolk County Zoning By-Law. Staff are proposing greater setbacks for accessory residential dwellings from both the rear and interior side yards. Previously, accessory structures were required to be setback 1.2 metres (~4 feet). Staff are recommending a minimum setback of 3 metres (~10 feet) for greater separation and privacy purposes.

• Proposed maximum heights are too short for two-storey structures o Staff comment: The current maximum height requirement for accessory

structures is 5 metres (16.4 feet) in the Urban Residential Zones (R1 to R6) or Resort Residential Zone (RR) and 6 metres (19.68 feet) in all other Zones. Staff are recommending that the height of an accessory residential dwelling be the same as the permitted maximum building height for an accessory structure. Amendments to the maximum height requirement may still be reviewed on a site-by-site basis.

• Wanted in Resort Residential designation o Further development in Resort Areas is not supported by the Official Plan

due to the recognized environmental constraints and flood hazards in these areas. The intent of accessory residential dwelling units is that they be occupied year-round, and resort areas are intended for seasonal occupation only (save and except a handful of properties with special

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status). Staff do not recommend accessory residential dwelling units be permitted in the Resort Residential designation.

Public input has been received for this application and therefore was considered as part of this recommendation.

Planning Considerations:

Planning Act

Part III of the Planning Act references Official Plans. Under Section 16(3), the Act states that “An official plan shall contain policies that authorize the use of additional residential units by authorizing,

a) the use of two residential units in a detached house, semi-detached house or rowhouse; and

b) the use of a residential unit in a building or structure ancillary to a detached

house, semi-detached house or rowhouse. 2019, c. 9, Sched. 12, s. 2 (1).

Bill 108 - More Homes, More Choice: Ontario’s Housing Supply Action Plan The government of Ontario’s ‘More Homes, More Choice: Ontario’s Housing Supply Action Plan’ (Bill 108) introduces changes that are intended to make it easier to build certain types of priority housing, such as second units. On June 6, 2019 this Bill achieved royal ascension in the legislature. The Province is also reviewing the Provincial Policy Statement, the general land use policies that affect planning decisions across Ontario. The Provincial government recognizes accessory dwelling units as a viable method to increase the range of housing options, gently increase community density, and make the most efficient use of land and public infrastructure.

The proposed amendments regarding Accessory Residential Dwelling Units conforms to the Planning Act.

Development Charges The Province is proposing to amend the Development Charges Act to exempt the first accessory dwelling unit on a property from paying development charges. This change is not yet in effect. Once in effect at the Provincial level, this could be implemented in future Norfolk County Development Charges By-Law updates.

Provincial Policy Statement (PPS) The PPS provides policy direction on matters of provincial interest related to land use planning and development. As a key part of Ontario’s policy-led planning system, the PPS sets the policy foundation for regulating the development and use of land. It also supports the provincial goal to enhance the quality of life for all Ontarians.

Section 1.4 of the PPS speaks to housing in Ontario. Section 1.4.1 states that “1.4.1 To provide for an appropriate range and mix of housing types and densities required to

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meet projected requirements of current and future residents of the regional market area, planning authorities shall:

a. maintain at all times the ability to accommodate residential growth for a minimum of 10 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and

b. maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans.

Norfolk County recently conducted a 5-year review and update of its Official Plan. Based on a 2014 Hemson Population Study, the County maintains an adequate amount of land designated for future residential growth. The inclusion of Accessory Residential Dwelling Units will permit more intensification opportunities and may lead to more affordable housing options in Norfolk County. The proposed amendments regarding Accessory Residential Dwelling Units are consistent with the PPS.

Norfolk County Official Plan Section 5 of the Norfolk County Official Plan speaks to maintaining healthy communities. Healthy communities are not only economically strong but also protect natural and cultural heritage, and ensure the appropriate provision of housing. Section 5.3 speaks to the housing policies of the Norfolk County Official Plan. The provision of housing is an essential part of planning in Norfolk County. There are many factors that affect supply and demand in the housing market, and only some of them can be managed by a municipality in Ontario. It is desirable to have close cooperation between all levels of government and the private sector in order to provide for sufficient and affordable housing, and a stable residential housing market. The County shall ensure that a full range of housing types are provided to meet the anticipated demand and demographic change, including accessible housing forms to facilitate aging in place and for persons with disabilities. The County shall ensure that a full range of housing types and densities are provided to meet the anticipated demand and demographic change. All forms of housing required to meet the social, health and well-being of current and future residents, including those with special needs shall be encouraged. The provision of housing that is affordable and accessible to low and moderate income households shall be a priority. The proposed amendments to the Official Plan and Zoning By-Law will support the creation of a range of housing types that are intended to aid the rental and affordable housing market. Staff are of the opinion that the update to the Accessory Residential Dwelling Unit policies conforms to the intent of the Official Plan policies.

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Consultation(s):

Planning Advisory Committee: Staff presented the proposed Official Plan and Zoning By-Law amendments at their meeting on September 16, 2019. Following discussion and responses to questions, the Planning Advisory Committee made the following motion for Council to consider in their decision:

N. Inglis MOVED THAT the Tourism and Economic Development Advisory Board supports proposed changes to the Accessory Residential Dwelling Unit Policy, in general; AND THAT the Tourism and Economic Development Advisory Board strongly recommends moving toward full implementation of the Provincial Guidelines allowing for Accessory Residential Dwelling Units within primary dwellings and accessory dwellings.

Carried.

Strategic Plan Linkage: This information report is related Goal #1: Vibrant, Creative Communities. This goal is in place to promote Norfolk County having beautiful, safe neighbouroods with a strong sense of community and great places for people. Accessory residential dwelling units assist with increasing the number and forms of housing options across Norfolk County. This report and recommendation relate directly to the following Priority Initiative: “Facilitate and promote a diverse and attractive mix of housing options to increase affordability.” In addition, the establishment of new development in Norfolk County assists with increasing the tax base and improving the local economy.

Conclusion: Accessory Residential Dwelling Units (ARDU) are presently only permitted in the primary dwelling and within Urban Areas of Norfolk County. Given the documented shortage of housing units, particularly rental units, staff and Council investigated easing restrictions on accessory residential dwelling units to allow them either within the primary dwelling or in accessory structures in Urban, Hamlet and Agricultural areas, subject to appropriate criteria. Staff held public engagement sessions on proposed changes to the Norfolk County Official Plan and Norfolk County Zoning By-Law to give effect to these changes. The Planning Advisory Committee was also consulted on the proposed changes. Generally, positive feedback was received and has been provided to Council in addition to this report.

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The Provincial government has allowed accessory residential dwelling units in the primary dwelling or in accessory structures since 2011, and more recently the Province has further supported this housing form as a way to meet housing demands, support aging in place, and contribute to the local rental market while limiting the acute impact of increased density. The proposed amendments are consistent with the PPS and conform to the intent of the County’s Official Plan. Staff recommend that Council approve the proposed ARDU amendments to the Official Plan and Zoning By-Law.

Recommendation(s): THAT the application by NORFOLK COUNTY 50 Colborne Street South SIMCOE, ON N3Y 4K1 affecting lands described as all lands within Norfolk County to amend the Norfolk County Official Plan and the Norfolk County Zoning By-Law 1-Z-2014, File Numbers OPNPL2019264 and ZNPL2019263 BE APPROVED, for reasons set out in Report Number DCS 19-126. THAT Economic Development and Tourism staff bring a Community Improvement Plan policy amendment and budget proposal to Council in Q1 of 2020. AND THAT public input has been received for this application and therefore will be considered as part of this decision.

Attachment(s): Appendix A – GIS Services mapping review of municipally owned lands Appendix B - DCS 19-77 Tiny Homes and Affordable Housing FINAL Appendix C - Submitted Comment Sheets Reviewed and Submitted By: Michael Sullivan, MCIP RPP, EP Interim Director, Planning Department For more information, call 519.426.5870 Prepared By: Mat Vaughan, BES, MPLAN, RPP, MCIP, CMMIII Principal Planner, Planning Department For more information, call: 519-426-5870 ext. 1840

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QUEEN STREET NORTH

! 317

! 307

303 ! 304

! 298

!

!

40100207200 ! 40302501999 292

173

295

145

Return to Top

BROOK STREET

WARD STREET

IRELAND ROAD

HILLCREST ROAD

WEST STREET

HIGHWAY 3 FOURTEENTH STREET WEST

LYNN VALLEY ROAD

SOUTH DRIVE

1

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¯ Meters 0 2.25 4.5 9 13.5 18 ! 3

40101211300

40101213300 ! 129 40101211800

! 1 ! 2 146

Return to Top

!

!!

!

OWEN STREET

NORFOLK STREET SOUTH

OAKWOODAVENUE

DEAN STREET

JOHN STREET

JAMES STREET

WOODHOUSE STREET

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SHERMAN STREET

31 27

164 BLUELINE ROAD

HIGHWAY 3

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PARK ROAD

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! 40101404900 415 !

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¯ Meters 0 15 30 60 90 120 147

Return to Top

11

88

!

!

!

!

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!

!

!

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LOT 10GORE

35

31

27

23

19

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476

470

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40201004690

40201004682

40201004888

40201004890

40201004676

40201004889

40201004887

40201004891

40201004886

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HILLCREST ROAD

WEST STREET NORFOLK STREET SOUTH

RYERSE ROAD IRELAND ROAD

1

3

41 40

Hillcrest

0 5 10 15 20 2.5 Meters ¯ 148

Return to Top

PARKER D

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4010161420

40201004670

!

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Harvest Glen Storm Water Pond

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QUEEN STREET SOUTH

88

476

470

468

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40201004682

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HILLCREST ROAD

WEST STREET NORFOLK STREET SOUTH

RYERSE ROAD IRELAND ROAD

1

3

41 40

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0 5.5 11 16.5 22 2.75 Meters ¯ 149

Return to Top

!

PARK ROAD

QUEENSWAY WEST

CEDAR STREET

SECOND AVENUE WEST

UNION STREET

WINDHAM STREET

MAPLE STREET

NORTH MAIN STREET

DAVIS STREET WEST

HUNT STREET NORTH

GRIGG DRIVE

NORFOLK STREET NORTH

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Return to Top

PARK ROAD

GRIGG DRIVE

LUSCOMBE DRIVE

HIGHWAY 3

WINDHAM ROAD 12

WEST STREET

WINDHAM ROAD14


T

PARK ROAD

SOUTH DRIVE

! LOT 5 LOT 4CON 13 CON 14

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40302502100 ! 55

40302504920 ! 51

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Current Use: Vacant

¯ Meters 0 15 30 60 90 120 40302503800 !

! 41 40302505004 ! 40302504905 40

40302503800 40302504020 ! 39

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151

Return to Top

92

LOT 5CON 14

LOT 4CON 14

LUSCOMBE DRIVE

40302505005

40302505001

40302505200

40302505600

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HIGHWAY 3 WEST STREET

WINDHAM ROAD14


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PARK ROAD

24 1

40

41

35 3

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0 10 20 30 40 5 Meters ¯ 152

Return to Top

TALBOT ROAD

WESTERN AVENUE

357

230 49404005300

SCHAFER SIDE ROAD

HIGHWAY 59 FERTILIZER ROAD

JAMES STREET

NORWICH ROAD

(CLOSED)

(CLOSED) 16

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49404005000 LOT 46 (187)CON 1 NTR

3

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¯ Meters 0 5 10 20 30 40 153

Return to Top

ULEVARD

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!

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HIGHWAY 3

HIGHWAY 59 WINDHAM ROAD 12

FERTILIZER ROAD

WINDHAM ROAD 11

JAMES STREET

NORWICH ROAD(CLOSED)

37

3

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0 4 8 12 16 2 Meters ¯ 154

Return to Top

!

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BLUEGRASS BOULEV

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ROAD)

HIGHWAY 3


WINDHAM ROAD 11

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3

49200602502 49200602534 ! 35

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49200602535 ! 31

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¯ Meters 0 2.75 5.5 11 16.5 22 ! 340 155

Return to Top

ARGYLE AVENUE

HUGGINS AVENUE

INDUSTRIAL ROAD

299

49200620030

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HIGHWAY 3


FERTILIZER ROAD

WINDHAM ROAD 11

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49200625000

49200623000

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49102447500 LOT 23 49102445700 CON 12


¯ Meters 0 5 10 20 30 40

49102446500

156

Return to Top

HIGHWAY 59

HAWTREY ROAD

WINTERGREEN

CRESCENT

ARNOLD SAYEAU DRIVE

HIGHWAY 3

HIGHWAY 59 JAMES STREET

MALL ROAD FERTILIZER ROAD


!

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Working together with our community

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Council-In-Committee Meeting – July 02, 2019

Subject: Tiny Homes and Affordable Housing Options Information Report Report Number: DCS 19-77 Division: Development and Cultural Services Department: Planning Purpose: For Decision

Executive Summary: On April 2, 2019, Council requested that Planning Staff bring forward an information report on tiny homes and other affordable housing options. This information report covers the following topics:

• Different types of tiny homes • Current situation in Norfolk County • Options to allow more affordable housing, including tiny homes

Housing Services has identified the acute need for affordable housing units in Norfolk County, and this report aims to provide potential options to revise existing regulations to permit tiny homes and other housing forms in more places as-of-right.

Discussion:

Housing Action Items The Housing Action Items are identified in the Norfolk County Housing Study, 2016. The following Housing Goals have been identified from the previous analysis as well as feedback from community stakeholders and direction from the Haldimand and Norfolk Housing and Homelessness Plan. These goals are aimed at providing the overarching direction needed to better meet the housing needs of current and future residents of Norfolk County.

Goal 1: Ensuring an Adequate and Appropriate Supply of Housing Norfolk County will support and encourage a broad range of housing options, including rental housing options for smaller households, an aging population, and housing with supports to better meet the unique and changing needs of all residents within Norfolk County.

1.9 Undertake further research on the uptake of the County’s existing second unit by-law and consider expanding the policy to permit second units in all areas of Norfolk County, subject to the availability of necessary infrastructure and to health and safety standards.

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Goal 2: Increasing the Supply of Affordable Housing Norfolk County will aim to increase the supply of Affordable housing units in the County, particularly units for households with incomes falling within the first and second income deciles.

Goal 3: Improving Coordination and Capacity within the System Norfolk County and its partners will work toward improving the overall effectiveness within the current housing system.

This year, Housing Services will be commencing the Review of the Housing & Homelessness Plan in order to ensure goals and priority actions remain relevant and reflective of community needs in Haldimand and Norfolk.

Tiny Homes A tiny home is a housing form that is smaller than a traditional detached dwelling. There is not a precise definition of a tiny home and tiny homes currently go by many names including garden suite and laneway house. Tiny homes have gained recent popularity and evoke a certain image, but encompass a wide range of housing forms and designs. For the purposes of this report, and in the absence of a formal definition, tiny homes include a unit with wheels and designed to be mobile or a permanent structure that has a minimum useable floor area of 13.5 square metres (145 square feet), including a washroom. The Fernlea Mobile Home Park constitutes a tiny home community, and some might also argue that Villages of Long Point Bay in Port Rowan is also a tiny home community. Smaller than typical homes on any lot, may be considered tiny homes. Depending on the style of tiny home, different safety standards are required.

A tiny home on wheels would function the same as any mobile home and would require a CSA standard Z240 for year round occupancy. The units in the Mobile Home Parks currently existing in Norfolk County are tiny homes. CSA standards can be obtained through two avenues. The first is for a manufacturer to have an approved facility and construction process, meeting the tolerance requirements of the CSA. This method is typically used by large operations that build pre-fabricated homes such as mobile homes and other trailers. The second is to have an engineer inspect a built product to ensure that it meets the standards and was built appropriately. It is unlikely that an individual looking to build their own tiny home would meet CSA standards.

A tiny home built without wheels would need to adhere to the Ontario Building Code. The OBC sets out a minimum dwelling size of 13.5 square metres (145 square feet), plus a washroom. This style of tiny home is treated like any other single detached dwelling in the Norfolk County Zoning By-law and other applicable regulations. A building permit and subsequent inspections would be required to ensure the standards of the Ontario Building Code are upheld.

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Current Situation in Norfolk County Tiny homes can exist in Norfolk County under the current policy framework. Unlike some municipalities Norfolk County does not have a minimum dwelling size embedded in the Zoning By-Law, but rather defaults to the minimum size in Ontario Building Code.

There are three approaches to build tiny homes in Norfolk County:

1. Build tiny homes on existing lots that permit single detached dwellings. 2. Make an application for subdivision to create lots for future tiny homes 3. Make an application for a common element condominium, comprised of tiny homes.

A condominium and subdivision application could result in very similar developments with some minor differences. A subdivision application would be seeking to create lots. The lots would need to meet the zone provision for minimum lot area and frontage, unless a zoning amendment was also applied for. A common element condominium development would not create private lots. The homes would be under private ownership but the land would be the common element of the condominium.

While Norfolk permits tiny homes and current policies generally support applications to develop tiny home communities, there are still opportunities to improve. A common issue with tiny home developments in other areas of Ontario is high development charges, which in extreme cases cost as much as the tiny home. A tiny home development in Norfolk County would be subjected to the same municipal development charges as other single detached dwellings. In addition Norfolk County does not currently permit tiny homes as accessory dwelling units on properties with an existing dwelling.

Opportunity: Allowing Tiny Homes secondary to the Primary Dwelling on aResidential Property

Background Norfolk County currently allows accessory residential dwelling units as-of-right within the main dwelling in designated Urban Areas, subject to policies and provisions in place since 2014. Figure 1 shows an example of the type of accessory residential dwelling unit permitted today.

The latest accessory residential dwelling unit policy review was completed in 2014 as a result of Bill 140, Strong Communities through Affordable Housing Act, 2011, which brought in specific policies to encourage the development of secondary dwelling units province-wide. Section 16(3) of the Planning Act required municipal official plans to authorize second units within the principal dwelling and in ancillary structures thereto:

“An official plan shall contain policies that authorize the use of a second residential unit by authorizing,

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(a) the use of two residential units in a detached house, semi-detached house or rowhouse if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains a residential unit; and (b) the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse if the detached house, semi-detached house or rowhouse contains a single residential unit. 2011, c. 6, Sched. 2, s. 2; 2016, c. 25, Sched. 4, s. 1 (1).”

Section 35.1(1) of the Planning Act requires that each local municipality ensure that it’s zoning by-law gives effect to the policies described in Section 16(3).

These changes to the Planning Act also restricted the opportunity for appeal of second unit official plan policies and zoning by-law provisions to the Local Planning Appeal Tribunal (LPAT), except by the Minister of Municipal Affairs and Housing. The Province sees second units as a viable option to increase the housing supply and moderately increase density without significantly changing the character of an established neighbourhood.

Accessory Residential Dwelling Units in Norfolk County An accessory residential dwelling unit is currently defined in Section 2.52.1 of the Norfolk County Zoning By-Law as:

“a second unit shall mean a self-contained residential dwelling unit, supplemental to the permitted primary residential dwelling unit of the property, which second unit has its own kitchen, bathroom and no more than two bedrooms.”

Accessory residential dwelling units are currently subject to the criteria in Section 3.2.3: • Must be within a single detached dwelling, a semi-detached dwelling, or street townhouse dwelling

• Only permitted within designated Urban Areas with municipal services (Simcoe, Port Dover, Waterford, Delhi, Port Rowan and Courtland)

• Not permitted on lands designated for seasonal or resort residential uses, and specifically not permitted in seasonal dwellings, vacation dwellings, and dwellings intended for short-term accommodation purposes.

• A maximum of one (1) accessory residential dwelling unit is permitted per lot • An accessory residential dwelling unit is not permitted where a boarding or lodging house; rooming house; or a bed and breakfast exist.

• Shall not exceed the lesser of: 45% of the total gross floor area of the existing main residential building, or 75 square metres (807 square feet)

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Figure 2: Diagram of an accessory residential dwelling Figure 1: Diagram of an accessory residential dwelling unit, or second unit, within a primary dwelling. Source: unit, or second unit, in an ancillary or accessory Ministry of Municipal Affairs and Housing, Second Unit Info structure. Source: Ministry of Municipal Affairs and Sheet Housing, Second Unit Info Sheet

Opportunity to Review Policies This review would be directly related to Goals 1 and 1.9 in the Housing Action Items, Norfolk County Housing Report, 2016. Council and staff are interested in exploring methods to increase the supply of affordable housing and options including tiny homes in Norfolk County. One option identified by Staff is to allow accessory tiny homes on residential properties as accessory residential dwelling units located in accessory structures, as shown in Figure 2. These accessory dwelling units may occupy an entire accessory structure, for example as a tiny home, or be in the form of a separate unit above a detached garage. Flexible planning policies will allow for a greater range of accessory residential dwelling unit designs.

Potential benefits of revising the accessory residential dwelling unit policies to allow small dwelling units in accessory structures include:

• Increasing the supply of rental housing units, which has been identified as a serious need in Norfolk County

• Contributing to the range of housing types and tenures needed to sustain a vibrant community

• Allowing aging relatives and youth to have a separate, long term living space close to family

• Providing a source of income to homeowners

An option for Council to consider in the effort of increasing the supply of rental housing options in Norfolk County is to allow tiny homes as accessory residential dwelling units in accessory structures on residential properties, as shown in Figure 2. A tiny home would be considered an accessory residential dwelling unit in an accessory building,

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whereas currently these units are only permitted within the primary dwelling as per the Norfolk County Official Plan and Norfolk County Zoning By-Law.

With Council direction, staff could provide a more detailed report identifying potential amendments to the Norfolk County Official Plan and Norfolk County Zoning By-Law to allow tiny homes as a form of accessory residential dwelling unit in accessory structures. Public input would be gathered from a Public Engagement Session on the proposed amendments and be included in the staff report.

Conclusion Allowing accessory residential dwelling units in accessory structures, with appropriate criteria, would allow individual land owners to build a form of ‘tiny home’ on their property as a secondary dwelling. Staff recommend that Council direct staff to bring a detailed report back to Council specifically outlining best practice examples from other municipalities and proposed Official Plan and Zoning By-Law amendments in order to allow accessory residential dwelling units in accessory structures. Further options include allowing accessory residential dwelling units in Hamlet and Agricultural areas as well as Urban Areas, whether within the dwelling or in an accessory structure.

Financial Services Comments: All types of residential development have a positive impact on assessment growth and tax revenues. The amount of growth is dependent on the assessment of the properties by the Municipal Property Assessment Corporation (MPAC). Depending on the specific development, Norfolk County may also receive Development Charges as per the most recent Development Charges By-law. In the case of a multi-unit development such as a subdivision, development charges would be offset by increased costs as a result of Norfolk County assuming the subdivision infrastructure, amenities and operating costs.

It should be noted that Norfolk County is currently conducting a Development Charges Background Study and our consultants Watson & Associates (Watson) are aware of the potential changes being proposed to the Development Charges Act as a result of the Provinces’ Housing Supply Action Plan. Watson has been closely monitoring the situation and will work with staff as more information is received to determine any future financial implications once this legislation is passed.

Interdepartmental Implications:

Circulation Comments:

Housing Services The exploration of inclusion of new or expanded affordable housing options within the community is consistent with the vision, directions, and priority actions as outlined in the Haldimand Norfolk 10-Year Housing and Homelessness Plan. Pending Council direction, Housing Services staff will continue to collaborate with Planning staff to assist in the creation of appropriate policy and zoning amendments in relation to accessory residential uses. Furthermore, Housing staff are able to participate in related public

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engagement sessions in order to provide data, information and explanations in relation to affordable housing within Norfolk County.

Building and By-Law No comments on the information report at this time.

Tourism and Economic Development The approval of tiny homes as accessory residential dwelling units and the development of other affordable/attainable housing options is consistent with recommendations contained within the Norfolk County Economic Development Strategy, approved by Council in June 2019, specifically:

Strategic Direction A: Help Entrepreneurs to Expand Wealth and Prosperity Focus Area 1: Enhance municipal regulations, processes and communications

o Recommendation e: Explore housing alternatives for employees Focus Area 2: Support existing growth businesses

o Recommendation i: Provide opportunities for more overnight tourist accommodations

Strategic Direction C: Welcome Youth and Newcomers to Grow the Population and Workforce Focus Area 2: Connect workers with housing and amenities

o Recommendation a: Develop opportunities for housing options that employees, youth, retirees and newcomers can afford

The Norfolk County Tourism and Economic Development Department also administers the Community Improvement Plan business incentives aimed at non-residential properties. One of the incentives is the Residential Conversion/Rehabilitation Grant, which assists with the conversion of unused or underused upper floor or rear space to new residential or commercial use. This incentive is available in urban, hamlet and lakeshore areas. Up to $4,000 per dwelling unit or new commercial unit created is available in grants, to a maximum of $8,000 per property, subject to the terms and conditions of Policy DCS-18.

Currently, grants related to construction are only available to repurposing or renovating existing buildings. Council could consider establishing a separate incentive under the Community Improvement Plan for the new construction of tiny homes, or expanding the existing grant for non-residential properties to include residential properties in specific zones or communities.

The development of a legitimate tiny-home construction industry in Norfolk County could become a by-product of reducing restrictions related to accessory residential dwelling units. This could increase the number of jobs in the construction industry locally.

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Regard For Public Input: Staff recommend that Council direct staff to host a Public Engagement Session on any proposed changed to the Norfolk County Official Plan and Norfolk County Zoning By-Law with regard to accessory residential dwelling units being permitted in accessory structures as a form of ‘tiny home’. Public input gathered would be presented to Council in a future report.

Planning Considerations:

Development Charges Development charges are an important tool to ensure new development contributes to amenities used by the entire community. As per Norfolk County By-Law 2014-104 and 2014-105, affordable housing projects are exempt from paying development charges only if they are municipally-funded (Section 5.2.vi) and up to two additional units can be created within an existing dwelling exempt from development charges (Section 5.1.b). It is unclear how development charges will apply to tiny homes, whether on their own or as accessory units to an existing dwelling. Future opportunities to tailor development charges to tiny homes or accessory residential dwelling units can incentivize private land owners to build such structures. The Province has provided some indication they are looking into development charges for a wider range of affordable housing options.

Bill 108 - More Homes, More Choice: Ontario’s Housing Supply Action Plan The government of Ontario’s ‘More Homes, More Choice: Ontario’s Housing Supply Action Plan’ (Bill 108) introduces changes that are intended to make it easier to build certain types of priority housing, such as second units. On June 6, 2019 this Bill achieved royal ascension in the legislature. More details are expected to follow in the coming months. Planning staff will advise of any changes at the Provincial level with regard to second units as new information is available.

Consultation(s):

Planning Advisory Committee: The Norfolk Planning Advisory Committee (PAC) is responsible for reviewing policy related planning matters. PAC will be consulted should Council direct Staff to propose amendments to the Norfolk County Official Plan and Norfolk County Zoning By-Law as part of a larger public consultation on any proposed amendments.

Strategic Plan Linkage: This information report is related Goal #1: Financial Sustainability and Fiscal Responsibility. The establishment of new development in Norfolk County assists with increasing the tax base and improving the local economy.

Recommendation(s): THAT DCS 19-77 be received as information

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AND THAT Council direct staff to bring a detailed report back to Council specifically outlining:

• Accessory Residential Dwelling Unit best practice examples from other Canadian municipalities, specifically how such units are permitted in accessory structures.

• Draft amendments to the existing Norfolk County Official Plan and Norfolk County Zoning By-Law accessory residential dwelling unit policies and criteria in order to allow accessory residential dwelling units in accessory structures, in addition to within the primary dwelling.

• Draft amendments to the Norfolk County Official Plan and Norfolk County Zoning By-Law with options to allow accessory residential dwelling units in:

o Only designated Urban Areas o Only designated Urban and Hamlet Areas o Only designated Urban, Hamlet, and Agricultural Areas

• Draft amendments to the Norfolk County Community Improvement Plan for grants or incentives related to the construction of accessory residential dwelling units and tiny homes.

AND FURTHER THAT Council direct staff to hold a Public Engagement Session to gather community input on any proposed accessory residential dwelling unit policy changes and include public input in the future Staff report to Council.

AND FURTHER THAT Planning staff coordinate the Public Engagement Session with the Housing & Homelessness Plan Review public engagement session.

Attachment(s): Second Units Information Sheet, Ministry of Municipal Affairs and Housing, 2017

Submitted By: Pamela Duesling, MAES, MCIP, RPP, Ec.D., CMMIII General Manager, Development and Cultural Services Division For more information, call: 519-426-5870 ext. 1342

Reviewed By: Shannon VanDalen, B.A., MCIP, RPP, CMM I Interim Director, Planning Department For more information, call: 519-426-5870 ext. 1834

Tricia Givens, M.Sc.(Pl), MCIP, RPP Program Manager, Housing Services For more information, call: 519-426-6170 ext. 3748

Fritz Enzlin, C.B.C.O, CRBO, M.L.E.O(c) Chief Building Official, Building and By-Law For more information, call: 519-426-5870 ext. 2218

Clark Hoskin

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Director, Tourism and Economic Development For more information, call: 519-426-5870 ext. 1238

Prepared By: Steven Collyer, BCD Planner, Planning Department For more information, call: 519-426-5870 ext. 1824

Neil Stoop, M.Sc. Planner, Planning Department For more information, call: 519-426-5870 ext. 1829

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Accessory Residential Dwelling Unit Updates Comment Form

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****Please note all comments will be forwarded to the Norfolk County hlousing Services Divisionand the Housing and hlomelessness Plan review team for review as part of their larger project.

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Council Meeting – December 10, 2019 - Norfolk County, Ontario · 2020. 1. 8. · DCS 19- 126 Page...

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Transcript of Council Meeting – December 10, 2019 - Norfolk County, Ontario · 2020. 1. 8. · DCS 19- 126 Page...