File: L01 Bill 140 patg< J^e l7,2ojff

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1 y BRAMPTON SSS? Flower City., J**01? c'*y Council The Corporation of the City of Brampton Date: June 5, 2015 BRAMPTON CITYCOUNCIL File: L01 Bill 140 patg< J^e l7,2ojff Subject: Contact: Council Transmittal Report Partial Repeal of By-Law (Second Units Zoning By-Law) David Waters, Manager, Land Use Policy, Planning & Infrastructure Services Department ( ) Overview: On April 22, 2015, Council adopted a framework for regulating second units including official plan policies, zoning standards and a registration by-law. The Zoning By-law Amendment (by-law ) included clause 1(5) which revised the side yard setback provision to a side door for all residential dwellings on a City wide basis. That provision is broader than the intended scope of By-law and Planning and Infrastructure Services Department is therefore recommending that Council pass the by-law attached as Appendix B to repeal clause 1(5) from By-law The remainder of the Second Units Zoning By-Law ( ) will remain as adopted by Council. Recommendations: 1. THAT the report from David Waters, Manager, Land Use Policy, Planning & Infrastructure Services Department, entitled: "Council Transmittal Report," dated June 5, 2015, to the Council meeting of June 17, 2015, re: Partial Repeal of By-Law (Second Units Zoning By-Law), File: L01 BHI140, be received; 2. THAT the by-law attached to this report as Appendix B be passed to repeal clause 1(5) of By-Law Background: The Planning Act directs that municipal official plans must contain policies that authorize the use of a second residential unit in certain types of residential homes. On April 22, 2015, Brampton adopted Official Plan Amendment (By-law ) and Zoning By-law Amendment (By-law ) in compliance with that legislative requirement. These amendments, along with a Registration By-Law (By-law ), provide a framework to guide the approval of second units in Brampton.

2 HM-5-2. Current Situation: The purpose of the zoning standards adopted through By-law is to give effect to the official plan policies that authorize second units in Brampton. Clause 1(5) of that by-law purports to amend section of the City's Comprehensive Zoning By-law to regulate side yard setbacks City-wide for all residential above grade side entrances. That provision is therefore broader than the intended purpose of By-law Moreover, whereas By-law was otherwise not subject to a right of appeal under section 34(19) of the Planning Act because it regulates second units, as a general zoning requirement clause 1(5) was subject to a right of appeal which was not afforded to those persons qualified to appeal under section 34(19). Planning & Infrastructure Services Department is therefore recommending that Council pass the by-law attached as Appendix B to repeal clause 1(5) from By-law Following repeal, Section of Comprehensive Zoning By-Law , would remain in force as it existed prior to the adoption of By-law Corporate Implications: The partial repeal of By-law is appropriate to ensure that City policies are consistent with legislative direction. Strategic Plan: This report achieves the Strategic Plan priority of Growth Management by aligning key plans. Conclusion: This report recommends that Clause 1(5) of By-Law be repealed. avid Wate Manager, Land Use Policy Planning & Infrastructure Services Department 2&L*^^fa Heather MacDonald, MCIP, RPP Director, Planning Policy & Growth Management Planning & Infrastructure Services Department Appendices: Appendix A: By-Law Appendix B: Proposed By-Law to Repeal Clause 1(5) of By-Law Report authored by: David Waters Chair, SMT Department Chief Approval for Submission: Chief Administrative Officer

3 HM-S-3 Appendix A By-Law

4 HM-5-M THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW Number 3&-2P15 To amend By-law , as amended The Council ofthecorporation ofthe City ofbrampton, inaccordance with the provisions of the Pfenning Act, R.S , c.p. 13, hereby ENACTS as follows: (1) By-law , as amended, is hereby further amended: 1) by deletingfrom Section5 thereto the name and definition of 'Two Unit House". 2) By adding to Section 5 thereto the names and definitions of" Second Unit" and "Dwelling, Two^Unifas follows: "SECOND UNIT shall mean an accessory self-contained residential dwelling unit within a single detached, semi-detached or townhouse dwelling, with its own cooking facility, sanitary facility and sleeping area." "DWELLING, TWO-UNIT shall mean a single detached dwelling, semi detached dwelling or townhouse dwelling Which contains a second unit." 3) by adding the following at the beginning of Section 10.2 One Dwelling Per Lot: "Except where a second unit is permitted,0. 4) by deleting Section Provisions for Two-Unit Houses in its entirety and replacing it with the following: "10.16 Provisions fortwcunit Dwellings: The following requirements and restrictions shall apply for a second unitwithin a two-unit dwelling: a) Shall not be permitted within a lodging house, group home, or an accessory building; b) Shall not be permitted in dwellings located within a Floodplain or Open Space Zone> or within lands identified in Schedule B-6: Downtown Floodplain Regulations area;

5 HM-5-5 By. (omi S6-201S c) Maximum Gross Floor Area for a second unit: i. 75%of the Gross Residential Floor Areaof the principal unit in a one-storey dwelling unit; ii. 45% of the Gross Residential Floor Area of the principal unitin all other dwelling types; d) A minimum of one additional on-site parking space measuring 2.7m x 5.4m shall be required for a second unit. Tandem parking spaces to facilitate a second dwelling unitshallbe permitted. The maximum width for a driveway shall not exceed the permitted width as specified in Section 10.9 of this By-law. e) A maximum of one second unit shall be permitted per dwelling; f) Access to a second dwelling unit may be permitted through a garage or common vestibule, subject to satisfying Building Code regulations; g) Where access to a second unit is provided through a door located in the side yard or rear yard, permitted encroachments, structures, utilities, or mechanical equipment shall not be permitted within 1.2 metres of the side lot line for the portion of the side yard between the access and the front wail of the dwelling; and, h) Shall be subjectto the applicable Registration By-law." 5) by deleting Section Above Grade Side Entrances in its entirety and replacing itwith the following: "10.24 Above Grade Side Entrances An at or above grade side entrance into a side wall of a single detached, semi-detached, or townhouse dwelling shall only be permitted when the entire side yard within which the door is located has a minimum width of 1.2 metres. Only one such side entrance into the dwelling shall be permitted, except for a side entrance into an attached garage. Any steps or landings for such side entrance shall have a minimum distance of the lesser of (a) 0.9 metres to an interior side lot line or (b) the required interior side yard setback." READ a FIRST, SECOND AND THIRDTIME, and PASSED, in OPEN COUNCIL, this 22^ day of April, <2-^ Approved as to Content: PETER FAY- CITY CLERK Heather MacDonald, MCfc, RPP Director, Planning Policy &Growth Management APPROVED AS TO FORM IAW DEPT. BRAMPTON

6 HM-5-6 Appendix B Proposed By-Law to Repeal Clause 1(5) of By-Law

7 HH-5-7 THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW Number Partial repeal of By-law Recitals: 1. The Council of the City of Brampton enacted By-law on April 22, 2015 as an amendment to By-law (the City's Comprehensive Zoning By-law) to permit second units within certain defined residential dwellings in the City. 2. Clause (1)(5) of By-law purported to amend Section of By law to regulate side yard setbacks for ajl residential abovegrade side entrances in the City. 3. Council has determined that Clause (1 )(5) of By-law may be void for non-compliance with section 34(19) of the Planning Act, R.S , c. P.13, as amended, insofar as Clause (1)(5) was subject to a right of appeal to the Ontario Municipal Board which was not made available to those persons qualified to appeal under section 34(19). NOWTHEREFORE the Council of The Corporation of the City of Brampton enacts as follows: Clause (1)(5) of By-law is hereby repealed in its entirety, which reads as follows: "5) by deleting Section Above Grade Side Entrances in its entirety and replacing it with the following: Above Grade Side Entrances An at or above grade side entrance into a side wall of a single detached, semi-detached, or townhouse dwellingshall only be permitted when the entire side yard within which the door is located has a minimum width of 1.2 metres. Only one such side entrance into the dwellingshall be permitted, except for a side entrance into an attached garage. Any steps or landings for such side entrance shall have a minimum distance of the lesser of (a) 0.9 metres to an

8 HM-5-8 interior side lot line or (b) the required interior side yard setback." READ a FIRST, SECOND and THIRD TIME, and PASSED in OPEN COUNCIL, this day of LINDA JEFFREY-MAYOR PETER FAY - CITY CLERK Approved as to Content: APPROVED AS TO FORM LAW DEPT. BRAMPTON Heather MacDonald, MCIP, RPP Director, Planning Policy &Growth Management Planning and BuildingDivision