PLANNING REPORT NO. PL (COPY FOR REFERENCE PURPOSES ONLY)

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1 Sample of How One Municipality Is Enabling Small and Tiny Homes Questions? Contact Elaine Mallory, To: From: PLANNING REPORT NO. PL (COPY FOR REFERENCE PURPOSES ONLY) Mayor and Members of Council Date: October 2, 2017 Elaine Mallory, Director of Planning & Development Subject: Zoning By-Law Amendment Application Z : Part 2, Remove/reduce minimum dwelling size to allow for Tiny/Small living Applicant / Agent: Township of Leeds and the Thousand Islands Location: Township Wide Related Application(s): Z is also seeing to permit second units in residential dwelling types subject to certain performance standards. RECOMMENDATION That Committee of the Whole recommend that Council pass a zoning by-law amendment respecting file Z as it pertains to removing minimum dwelling unit size requirements and adding policy defining tiny homes and including them as permissible dwelling types; And further that staff be directed to include review for suitable locations for multiunit tiny dwelling development and potential guiding policy as part of the Comprehensive Official Plan review consultation process so that a holding provision could be used in the zoning by-law if desired locations are identified thereby shortening approval processes. BACKGROUND This proposed amendment stems from Council direction to review enabling small homes. The purpose of the proposed amendment is to eliminate the minimum sizes for dwelling units in the Township and enable tiny houses (homes on trailers a trending new housing model). Currently minimum dwelling unit sizes vary from 45 sq.m (484 sq.ft) in the Residential Mobile Home Park zone to 75 sq.m ( sq.ft) in most other residential zones whereas rough calculations suggest a bachelor type dwelling unit could be as small as sq.ft (plus wash closet) under the building code. Housing minimum sizes where likely introduced for a number of reasons which could include lack of minimum size in the building code at one time and an attempt to assist in establishing a minimum expectation for built form. REPORT NO. PL Page 1 of 10

2 CONSULTATIONS The statutory public meeting on this amendment was held June 19, All statutory bodies were notified and notice was posted in the EMC, a newspaper with coverage throughout the Township. Further, notice was posted on the Township website and distributed through the e-subscription, exceeding Planning Act requirements. Comments from the public are summarized below: Would smaller lots be considered? Options regarding locations should be considered for example in settlement areas small subdivisions could be considered General concern about aesthetic and practicality in our climate of permitting homes on wheels/trailer beds No support for homes on trailers (foundation preferred) Supports for proposal as retired persons may not need an 800 sq. ft. home. Desire a 480 sq.ft. sustainable home compostable toilet, reuse rainwater, etc.. Ironic that we can build large homes with huge carbon footprints, but that we cannot build small homes. General endorsement of reducing size of homes. Requests for homes less than 800 sq.ft. are increasing. Suggestion that for hamlets Council should consider reducing the frontage and area to approximately 100 ft. and ¾-1 acre. Support for initiative. Feels health unit can allow different systems for waste. Good for a local business that creates tiny homes and the local economy. Meets a level of need for young people looking to live smaller and more economically and to reduce their foot print on the planet. Would like to build a tiny home village in the Township and hopes the Township would look to an amendment that would allow tiny residential communities. Kurt Liebe: Provide valuable links to resource documents. Health Unit Comments: Considered and indicated no comment. Best Practices Review: Canadian municipalities do not offer significant policy guidance for tiny home concept development. While staff were referred to various municipalities, contact with those municipalities (and searches of their website and policy documents) were fruitless. One municipality, with a manufacturer located within its limits, has not yet had an application for building permit. Based on this, observations, and informal discussions, it appears most tiny houses likely lack formal zoning and building approvals. Regulatory examples from the United States were relatively recent and deemed ground-breaking in Examples include Fresno, California (permit tiny homes as a 2 nd unit anywhere), Rockledge, Florida (permit 170-1,1000 sq. ft. homes in mixed use infill zones or in planned unit zones, which are new mixed use subdivisions), Ohai City, California (direction to draft policy to permit as backyard cottages under the Second Dwelling Unit ordinance). REPORT NO. PL Page 2 of 10

3 STRATEGIC PLAN Not applicable, although the amendment appears to maintain the vision and primary theme areas of sustaining the natural environment, community development and the economy by providing an opportunity for reduce environmental impact, alternative housing to better meet emerging needs and trends of the community and having the potential to impact the economy positively through home owner benefits (pride over ownership, more disposable income, enhanced opportunity for savings), potential residential attraction and potential business development of tiny house industry. INTEGRATED COMMUNIY SUSTAINABILITY The recommendation supports the following pillars of sustainability: the natural environment (air, water, soil, vegetation etc.). a vibrant economy cultural identity social interactions and meeting needs of its citizens (recreation, trails, senior services and housing, affordable housing, etc.) POLICY Provincial: Local: Planning Act, Provincial Policy Statement (PPS), Building Code Act County Official Plan, Township Official Plan, Zoning By-law OPTIONS 1. Support zoning by-law amendment as proposed. (Recommended). 2. Support zoning by-law amendment with changes. 3. Deny the amendment. 4. Defer the amendment. FINANCIAL IMPLICATIONS No direct impact is expected. Indirect tax impact is difficult to suggest. Smaller homes will have a reduced market value than larger homes, thus the amendment may reduce future taxes comparatively. However, the amendment may also attract residents, which would provide increased development on vacant lands in the Township. ATTACHENTS Appendix A Draft By-law ANALYSIS The intent of this amendment is multifold including: to accommodate a trending new housing form to increase the supply of affordable housing including increased home ownership opportunities REPORT NO. PL Page 3 of 10

4 to enable aging in place options to encouraged reduced building footprints to reduce ecological impact on the environment; and to use the building code as the primary document to regulate dwelling size requirements. Dwelling unit size is no longer needed to ensure adequate dwelling sizes as the building code prescribes those minimum standards from a quality of life perspective. Small homes can also reduce burden on government programs as smaller homes are more affordable by design (rather than via subsidy or regulation) There is some argument that having minimum (and maximum) dwelling sizes may help establish built form expectations. While concern was not heard during the public consultation process, one may anticipate that there may be mixed feelings over a tiny home in an estate lot subdivision. It may appear out of keeping with the development. On the other hand, having no minimum lot size makes all land more affordable for housing. It is important that Council feels satisfied that allowing them everywhere will not affect community values. If there is not a comfort level with this Council may wish to be more selective in where tiny homes are permitted. The by-law has been drafted based on being more socially inclusive rather than focusing on built form. Policy Policies at all level of government support allowing smaller homes, as a means of providing affordable housing, housing suitable to age friendly communities, facilitating protection of the natural environment and retaining rural character. Currently the Township Official Plan and zoning by-law does not permit mobile homes anywhere except mobile home parks. A mobile home is defined as a residence that is designed and manufactured to be transported on its own chassis, is equipped for year-round occupancy and complies with the Ontario Building Code. As such, it is important that the zoning amendment include a definition of tiny homes to differentiate them from mobile homes and ensure the amendment is compliant with the Official Plan. Should council wish to allow mobile homes in more areas, staff could be directed to revisit the mobile home policy in the Official Plan Review. Particularly relevant policies that Council should consider include: Township Official Plan: i) 3.2 Goal (Sustainable Development) ii) 3.3 Objectives (Sustainable development, preservation of natural beauty of area, natural heritage preservation, resource protection, full range of housing types to meet demographic and market requirements, historical and cultural attribute protection) iii) 5.8 Rural designation (provide opportunities to live and work in a sustainable manner) iv) 4.14 Mobile homes (prohibited except in mobile home parks) v) Communal servicing requirements in Lansdowne vi) Private & communal servicing outside of Lansdowne vii) New lots to have suitable space for conventional sewage disposal viii) 4.26 Tree protection ix) 4.27 Waterbody protection REPORT NO. PL Page 4 of 10

5 United Counties Official Plan: i) Strategic Directions (protect rural and natural character, focus growth in settlement areas, conserve cultural resources, encourage range of housing including affordable) ii) 2.0 Growth management and settlement iii) iv) 2.7 Housing affordability 3.0 Rural area (promote limited development compatible with rural landscape and character) Ontario Provincial Policy Statement (PPS): i) 1.1 Land Use Patterns (appropriate range and mix of residential, standards to minimize land consumption, settlement areas focus of growth, rural character) ii) 1.4 Housing (appropriate range and mix, permitting & facilitating all forms of housing required to meet residents social, health and wellbeing) iii) iv) 1.6 Sewage (promote green infrastructure) 1.8 Energy conservation, air quality and climate change (promote design which maximizes efficiency and conservation) Detailed Considerations Building Code Under the building code tiny homes are not specifically addressed. As such they either need to be CSA approved (does not appear there is a category set yet) or engineered. While homes and builders are starting to appear in this region, to date staff have not found a builder that meets this requirement for anything other than seasonal use. This will need to be addressed at time of a building permit application. Composting toilets, off-grid electricity and reuse of water were raised at the public meeting as also being desirable. These sustainable initiates are permitted under the Building Code for residential uses and encouraged at all policy levels. It should be noted that rainwater cannot be reused in composting toilets however and that gray water must be discharged into a private sewage system (dry-well type construction). Development Form The goal of the policy, as confirmed through consultations, is to provide alternative housing that can serve (and attract) members of (and to) the community. With enhancement of the residential community in mind, and with the transient construct and appearance of tiny homes, ensuring that tiny homes have the appearance (and function) of permanency is important to reflect the community goals and values. Reinforcing the appearance of traditional permanent dwelling types can be done through methods such as requiring homes on trailers to be placed on a foundation, requiring skirting with a solid exterior finish that matches the dwelling, requiring one or more attached decks or porches. Incorporation of these requirements will also ensure the dwellings are taxable. Taxability is determined by characteristics of permanency. Attachments that make trailers, permanent connections to service and existence of a foundation or supporting structure are factors that indicate permanency. REPORT NO. PL Page 5 of 10

6 These illustrations would comply with proposed definition. These illustrations lack skirting so would not meet definition without minor modification. This illustration lacks skirting and foundation. Lot size and locations The Township Official Plan requires lots to be adequately sized for a conventional sewage system. This affords the opportunity to change to a conventional system in the future. Observations from the Chief Building Official s experience is that users often tire of the maintenance of composting toilets and seek their replacement. While conventional septic systems for smaller homes could be smaller than for larger homes, in order to maintain the rural character, natural environment and uphold policy direction for only limited new development in the rural area, maintaining lot size is recommended in the rural area. This would not preclude site-specific applications (for example, as a conceptual ideal only, a request to approve a smaller lot provided the remnant part was zoned to preclude development and added as a lot addition to another parcel or a request to approve a rural subdivision using the same concept). REPORT NO. PL Page 6 of 10

7 The County Official Plan and the Provincial Policy Statement direct the majority of population and employment growth to the settlement areas to preserve and protect prime agricultural areas and the rural and natural heritage features and areas, make efficient use of existing and planned infrastructure and foster the creation of complete, healthy and vibrant communities. The Township Official Plan states that residential development in Villages will generally be limited to low densities such as one or two family dwellings and senior citizen apartments in the settlement areas except Lansdowne. In Lansdowne, where municipal services are currently available, densities may be increased in appropriate locations to allow a range of residential types, including row housing and low rise apartments. Smaller lots are currently permitted in Lansdowne with minimum lot size in the zoning by-law being 450 square metres (5000 square feet, 0.1 acre) In rural settlement areas (Seeleys Bay, Rockport, Lyndhurst) hamlet residential zoning requires lot sizes of 6000 square metres (1.5 acres). The Official Plan does provide that for subdivisions in villages the minimum lot size is to be determined by completion of a servicing options report in addition to other policies. Promotion of development patterns in settlement areas that efficiently use land, resources, infrastructure, and public service facilities, through compact urban forms, a mix of land uses and appropriate densities is the County Official Plan and Provincial Policy direction. The current policy framework affords the opportunity for small lot, small dwelling development to be considered based on appropriate technical studies to be submitted in the subdivision and zoning amendment process. Modifying required lot sizes without such studies is not recommended and could have negative consequences. Private communal systems are enabled in the Township Official Plan if technological advances, cost benefit analysis and environmental studies demonstrate clear advantages for the municipality to do so, presenting another possible option for small home multi-dwelling development. Council may wish to also consider establishing additional policies through the Official Plan review for tiny home multi-dwelling development. This could include identification of desired location and desired development attributes. Some jurisdictions require a certain amount of common space (may include community buildings, parks, etc.), the homes to back onto the common space(s), privacy screening, minimum private outdoor space, community gardens and subdivision, condominium or deeds and homeowners association bylaws guaranteeing maintenance and common fee ownership of public shared spaces. Minimum and maximum dwelling unit sized may be appropriate for such multi-dwelling development. REPORT NO. PL Page 7 of 10

8 Conclusion On balance the proposed amendment and recommendations meet provincial policy and the overall goal of the Township and County Official Plans to satisfy the community s housing and environmental and cultural sustainability. The Official Plan, County Official Plan and Provincial Policy Statement provide a supportive policy environment to enable consideration of small lots based on appropriate technical data that would be submitted at time of application for approvals. Respectfully submitted, Greg Borduas Chief Administrative Officer REPORT NO. PL Page 8 of 10

9 THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS Draft Note: By-law was approved by Council allowing small and tiny homes as the main dwelling on lots that permit residential uses. BY-LAW TO AMEND ZONING BY-LAW NO To remove the minimum dwelling floor area size and permit, define and regulate tiny home dwellings (Comprehensive Zoning By-law Amendment) WHEREAS Zoning By-Law No , as amended, was passed under the authority of Section 34 of the Planning Act, R.S.O. 1990, as amended, and regulates the use of land and the use and erection of buildings and structures within the Township of Leeds and the Thousand Islands; AND WHEREAS Section 34 of the Planning Act, R.S.O. 1990, as amended, permits Council to pass an amending by-law, and the Council of the Township of Leeds and the Thousand Islands deems it advisable to amend Zoning By-Law No with respect to the provisions described in this By-Law; AND WHEREAS the matters herein are in conformity with the provisions of the Official Plan for the Township of Leeds and the Thousand Islands, as proposed to be amended through a related application; NOW THEREFORE the Council for the Corporation of the Township of Leeds and the Thousand Islands ENACTS AS FOLLOWS: a) That the minimum floor area size for dwellings be removed from all dwelling requirements; b) That A Tiny Dwelling shall be included in this definition. be added to the following sections of Zoning By-Law No : i) 2.55 (a) Accessory Dwelling Note: When the zoning by-law is ii) 2.55 (e) Seasonal Worker Accommodation amended to allow second residential iii) 2.55 (g) Single Detached Dwelling units on lots, tiny dwellings will be permitted second dwellings. c) That Section 2.55 (k) be added to Zoning By-Law No as follows: 2.55 (k) Tiny Dwelling shall mean a dwelling-like structure which is or has been constructed, erected or placed on a towable trailer system such as a bumper hitch, frame-towing hitch, or fifth-wheel connection, and cannot move (and was not designed to be moved) under its own power. Roof height is from bottom of tires to the top of the highest exterior point on the house, including any protrusions. Such a dwelling must have the following attributes to meet this definition: REPORT NO. PL Page 9 of 10

10 1) All houses must have both front and rear porches or decks with at least one porch or deck (front) oriented towards the front lot line and designed to provide a sense of privacy between units if in small lot development. The required porches and or decks shall be a minimum of 7.4 square metres (80 square feet) and a minimum of 2.4 metres (8 eight feet) deep and as wide as the dwelling. The square footage may be reduced to 5.5 square meters (60 sixty square feet), minimum 1.8 metres (6 feet) deep on units less than 55.7 square metres (600 total gross square feet). 2) All houses must be placed on a foundation with solid skirting finished in like material as the house exterior. 3) Secondary entrances facing a road shall have a minimum five-byfive-foot porch. c) That this By-Law shall come into effect and force on the date of passing thereof, subject to the appeal provisions of the Planning Act. READ A FIRST AND SECOND TIME THIS 10 th DAY OF OCTOBER, READ A THIRD TIME AND FINALLY PASSED THIS 10 th DAY OF OCTOBER, Joe Baptista, Mayor Vanessa Latimer, Clerk REPORT NO. PL Page 10 of 10