The City of Red Deer

Transcription

1 The City of Red Deer Secondary Suites Project Report With Edits to July 15, 2008

2 i EXECUTIVE SUMMARY Background Over the past few years, affordable housing has become a significant concern in The City of Red Deer. In response, the City s Affordable Housing Strategy (2006) sets out a number of strategic recommendations regarding secondary suites, including changes to secondary suite regulations, legalizing existing secondary suites, and creating new secondary suites in established neighborhoods. Earlier in 2002, The City of Red Deer implemented regulations by way of the Land Use Bylaw and Neighbourhood Planning Guidelines and Standards to allow for the identification of secondary suite locations within the Neighbourhood Area Structure Plans for new developing residential neighborhoods. In January 2008, The City of Red Deer engaged Western Management Consultants to consult with the larger community and defined stakeholder groups to identify stakeholder observations, suggestions and input concerning how secondary suites should be managed in the future. The project involved the following activities: Analyzing City regulations for designating secondary suites in new residential areas structure plans based on the City s experience with recently developed new neighborhoods, e.g., Inglewood West, Inglewood East, Johnstone Crossing, etc.; Consulting with citizens and other stakeholders to determine their level of support for secondary suites and to identify issues and concerns that need to be considered by The City in the legalization of secondary suites; Researching and providing recommendations around the legalization of nonconforming secondary suites in existing established neighborhoods; Analyzing, evaluating and proposing modifications to the City s Land Use Bylaw in order to implement the new Alberta Building Code and Alberta Fire Code standards for secondary suites; and Recommending strategies as to how secondary suites can be used as a means of increasing the City s supply of affordable housing units and residential densities.

3 ii. Secondary Suites Defined A secondary suite is generally defined as any self-contained dwelling unit that includes a kitchen, bathroom and sleeping accommodation contained within a principal dwelling. Secondary suites were created to: Provide opportunities for landowners to create more choices in the range of affordable housing; and Provide opportunities in a manner which are compatible with other residential uses and which ensure a detached dwelling with a secondary suite retains the curb appearance, the level of activity and the primary functions of a detached dwelling (as opposed to a semi-detached dwelling). The R2 and R3 zoning in the City s Land Use Bylaw allows secondary suites if they were legally in existence before April 5, The Land Use Bylaw does not currently permit creation of new secondary suites in neighbourhoods that were developed prior to the requirement for Area Structure Plans (ASP s). The City s Assessment Department has identified 881 properties where the variation basement suite code has been used. This description however, does not determine if they are actually rented or still active. The City has over 80 files on non-compliant secondary suites which have been put on hold in the possibility that the regulations may change as a result of this project. Knowledge of existing illegal secondary suites is usually gained by way of a complaint to the Inspections and Licensing Department. The owner of the secondary suite is then issued a letter indicating the suite may not be legal under the Land Use Bylaw. The secondary suite is inspected to determine whether it meets Alberta Building and Fire Code standards and the owner is required to make immediate changes to comply if necessary.

4 iii. Leading Practice Review Many Canadian cities are addressing the need for affordable housing options for their residents including creation of secondary suites. Secondary suite opportunities in 11 Canadian cities were researched through a search of information and documents available about each city on the Internet and through phone calls to the Planning Departments in several of the cities. Stakeholder Consultation Citizen and stakeholder input and feedback concerning secondary suites was secured through: A Web survey accessed by residents from The City of Red Deer website; Interviews with stakeholder groups; Two open house sessions; and Letters from community associations and residents. Themes Identified through Stakeholder Consultation There is a high level of resident support for secondary suites in Red Deer. Parking was identified as the major issue related to secondary suites and residents indicated the City must address this issue. The City must exercise its responsibility to ensure secondary suites meet safety and fire code standards. The size and location of the secondary suite in relation to the primary dwelling should be regulated by the City. The owner of a primary dwelling unit in which a home-based business operates should be restricted from having a secondary suite. The prevalence of non-owner-occupied secondary suites in some (particularly older) neighbourhoods is perceived by some residents as one cause of increased crime and other negative social behaviors.

5 iv. There was mixed support for The City providing incentives to create secondary suites. Recommendations Based on the Leading Practice review of 11 other Canadian municipalities and the results of the consultation with Red Deer stakeholders, the following recommendations are proposed for secondary suites in The City of Red Deer. Recommendation #1: That the following regulations for secondary suites be adopted and that the Land Use Bylaw be amended accordingly: a. Secondary suites are allowed only in single detached dwelling units, where listed as a permitted or discretionary use in the land use district; b. Secondary suites shall be constructed within the requirements of all applicable Safety Codes; c. Only one secondary suite may be permitted in a single detached dwelling unit; d. Minimum lot width shall be 12m; e. Minimum site area shall be 360m 2 ; f. A secondary suite must be less than the total floor area of the principal dwelling unit; g. A secondary suite requires one off-street parking stall in addition to the two offstreet stalls required for the principal dwelling. A garage is considered as offstreet parking. Driveway parking may be considered if it does not restrict movement of vehicles in the garage; and h. Secondary suites are not permitted in a single detached house which contains a Home Occupation. Recommendation #2: That secondary suites be identified as a discretionary use in all existing R1, R1A and R2 districts not currently subject to City of Red Deer Neighbourhood Planning Guidelines & Standards for a two year period commencing on October 1, 2008.

6 v. Recommendation #3: That secondary suites be identified as a permitted use in all new area structure plan areas effective January 1, Recommendation #4: That The City of Red Deer review resource requirements to implement and administer changes to the licensing and approval of existing illegal secondary suites and new secondary suites. Recommendation #5: That the City engage in a robust public information campaign to encourage owners of existing secondary suites to obtain a permit for the secondary suite; to inform homeowners with secondary suites that they have a responsibility to ensure that the suite meets building and fire code standards, and to provide citizens with all the necessary information relating to building and safety code standards. Recommendation #6: That Red Deer develop an Incentive Strategy to assist in the legalization of existing secondary suites and to encourage development of options for affordable housing through development of new secondary suites. Recommendation #7: That the Westpark neighbourhood be given special consideration for an intervention strategy such as an Area Re-development Plan to deal with current density issues. Conclusion Based on stakeholder consultation and primary and secondary research undertaken during this project, there appears to be support for secondary suites in The City of Red Deer. The benefits to The City by legalizing existing and new secondary suites include but are not limited to the following: Stability in Housing Options Secondary suites provide more reliable and somewhat stable rental supply for the community; Income Stream for Mortgage Qualification Secondary suites that conform to municipal planning regulations may be recognized by lenders to qualify new homeowners for mortgages;

7 vi. Increase in Grant Monies from the Government Tenants of secondary suites can be enumerated resulting in better census data which can positively influence percapita based provincial grants allocations to The City; Infrastructure Planning Increased certainty about the number of primary and secondary dwelling units provides the City with a better opportunity to plan infrastructure requirements; and Health and Safety Legalizing secondary suites will provide better opportunity for ensuring minimum health and safety standards for tenants of secondary suites.

8 TABLE OF CONTENTS Title Page No. EXECUTIVE SUMMARY... I 1.0 INTRODUCTION BACKGROUND Purpose and Definition Alberta Safety Code Standards and Secondary Suites SECONDARY SUITE OPPORTUNITIES IN OTHER CANADIAN CITIES Permissions Lot Sizes Parking Requirements Location and Built Form Dealing with Illegal Secondary Suites Tenure Utilities, Garbage and Recycling Incentives CITIZEN AND STAKEHOLDER CONSULTATION PROCESSES Web Survey Stakeholder Interviews Open Houses Additional Stakeholder Input FINDINGS FROM THE CITIZEN AND STAKEHOLDER CONSULTATIONS Pros and Cons of Secondary Suites as Noted Through Stakeholder Consultation RECOMMENDATIONS CONCLUSIONS... 22

9 APPENDIX IA: WEB SURVEY INSTRUMENT APPENDIX IB: WEB SURVEY RESULTS APPENDIX II: FEEDBACK FROM STAKEHOLDER GROUPS APPENDIX III: FEEDBACK FROM OPEN HOUSE SESSIONS

10 Introduction In January 2008, The City of Red Deer engaged Western Management Consultants to consult with the larger community and defined stakeholder groups to identify observations, suggestions and input concerning how secondary suites should be managed in the future. The project involved the following activities: Analyzing City regulations for designating secondary suites in new residential areas structure plans based on the City s experience with recently developed new neighborhoods, e.g., Inglewood West, Inglewood East, Johnstone Crossing, etc.; Consulting with citizens and other stakeholders to determine their level of support for secondary suites and to identify issues and concerns that need to be considered by The City in the legalization of secondary suites; Researching and providing recommendations around the legalization of nonconforming secondary suites in existing established neighborhoods; Analyzing, evaluating and proposing modifications to the City s Land Use Bylaw in order to implement the new Alberta Building Code and Alberta Fire Code standards for secondary suites; and Recommending strategies as to how secondary suites can be used as a means of increasing the City s supply of affordable housing units and residential densities. 2.0 Background Over the past few years, affordable housing has become a significant concern in the city. The Affordable Housing Strategy (2006) sets out a number of strategic recommendations regarding secondary suites, including changes to secondary suite regulations, legalizing existing secondary suites, and creating new secondary suites in established neighborhoods. In 2002, The City of Red Deer implemented regulations by way of the Land Use Bylaw and Neighbourhood Planning Guidelines and Standards to allow for the identification of

11 2. secondary suite locations within the Neighbourhood Area Structure Plans for new city residential neighborhoods. 2.1 Purpose and Definition A secondary suite is generally defined as any self-contained dwelling unit that includes a kitchen, bathroom and sleeping accommodation contained within a principal dwelling. A Secondary Suite is defined in The City of Red Deer s Land Use Bylaw as: A second self contained dwelling unit in a detached dwelling which must meet the requirements of section 71.1 (Regulations for Development of Secondary Sites) and any other applicable requirements or regulations of the Bylaw. Secondary suites were created to: Provide opportunities for landowners to create more choices in the range of affordable housing; and Provide opportunities in a manner which are compatible with other residential uses and which ensure a detached dwelling with a secondary suite retains the curb appearance, the level of activity and the primary functions of a detached dwelling (as opposed to a semi-detached dwelling). The R2 and R3 zoning in the City s Land Use Bylaw allows secondary suites if they were legally in existence before April 5, The Land Use Bylaw does not currently permit creation of new secondary suites in neighbourhoods that were developed prior to the requirement for area structure plans. The Assessment Department has identified 881 properties where the variation basement suite code has been used. This description however, does not determine if they are actually rented or still active. Knowledge of existing illegal secondary suites is usually gained by way of a complaint to the Inspections and Licensing Department. The owner of the secondary suite is then issued a letter indicating the suite may not be legal under the Land Use Bylaw. The secondary suite is inspected to determine whether it meets Alberta

12 3. Building and Fire Code standards and the owner is required to make immediate changes to comply if necessary. The City has over 80 files on non-compliant secondary suites which have been put on hold in the possibility that the regulations may change as a result of this project. 2.2 Alberta Safety Code Standards and Secondary Suites In 2006, the Alberta Building Code was modified to provide standards specifically for secondary suites recognizing they are different from other types of dwellings. New standards under the Alberta Fire Code standards for secondary suites will come into effect on December 31, The new Alberta Fire Code regulations include but are not limited to the following highlight articles: Height of rooms and spaces Unless acceptable to the authority having jurisdiction, the height of rooms or spaces in a secondary suite over the required minimum area as specified in the Alberta Building Code 1997 shall be not less than 1.95m; Bedroom windows Each bedroom shall have at least one window with an unobstructed opening size of not less than 0.35m² and no dimension less than 380mm. Any protective enclosure such as security bars must be accessible from the inside without the use of keys or tools; Exit stairs Clear width of not less than 860 mm; Landings Width shall not be less than 900mm in length; Public and exit corridor width Clear width shall not be less than 860mm; Exit Doors shall be: a. Not less than 1980 mm high; b. Not less than 810 mm wide; and c. Permitted to swing inward. Means of egress One exit that leads directly to the outside;

13 4. Dwelling Unit Separation The two dwelling units shall be separated from each other by not less than one layer of 12.7mm thick gypsum wall board or equivalent material on the ceiling and each side of the walls; Protection of Public Corridors Shall be separated from the remainder of the building by not less than one layer of 12.7mm thick gypsum wall board or equivalent material on each side of the walls; Furnace room separation Furnace room must be separated by one layer of 12.7mm thick gypsum wallboard or equivalent on the ceiling and each side of the walls from the rest of the dwelling; and Smoke alarms With permanent connections to an electrical circuit so that the activation of one smoke alarm causes all alarms in the dwelling to sound. 3.0 Secondary Suite Opportunities in other Canadian Cities Many Canadian cities are addressing the need for affordable housing options for their residents. One of the options is the creation of secondary suites. A secondary suite is generally defined as any self-contained dwelling unit that includes a kitchen, bathroom and sleeping accommodation within a principal dwelling. Secondary suite opportunities in 11 Canadian cities were researched through a search of information and documents available about each city on the Internet and through phone calls to the Planning Departments in several of the cities. The following cities were reviewed during the project. Table 1: Other Canadian Cities - Leading Practice Review Calgary, AB Ottawa, ON Edmonton, AB Saskatoon, SK Fort Saskatchewan, AB St. Albert, AB Grande Prairie, AB Toronto, ON Langley, BC Vancouver, BC Lethbridge, AB

14 5. The City of Edmonton and the City of Fort Saskatchewan have recently passed bylaws for the creation of secondary suites. Their experience has provided key research information for this report. The term secondary suites was used by all but one of the cities to designate a second living space in a primary dwelling. The City of Lethbridge has chosen to describe this type of housing with the term two dwelling unit. The term secondary suites is used in this report to encompass the full range of opportunities to create a second living unit in a primary dwelling. The degree to which secondary suites exist in the cities researched varies. Of the cities researched, Edmonton, Fort Saskatchewan, Calgary, Toronto, Saskatoon and Vancouver have been most active in creating opportunities for legalized secondary suites. Vancouver has considered making all new low-density residential development suite ready ensuring the infrastructure to accommodate a suite is included in initial construction. Calgary s approach is to limit secondary suite opportunities to suburban locations while Edmonton is legitimizing secondary suites in most single family detached dwelling neighbourhoods. 3.1 Permissions A secondary suite may be developed as a permitted or discretionary use under the prevailing land use or zoning bylaw. Permitted use ensures a suite can be developed as a right and will be allowed so long as any attached conditions are met or satisfied. Such conditions typically include minimum lot size and parking space requirements. Discretionary use means a suite may be developed with any attached conditions being met and requires the judgment of the approving authority such as a Development Officer or in some cases a Municipal Planning Commission. The approvals for establishment of secondary suites in the cities researched vary and secondary suites may be approved as a discretionary use, permitted use, or both. Secondary suites are permitted uses in Langley, Ottawa, St. Albert, Toronto and Vancouver. In Fort Saskatchewan, secondary suites are permitted only in primary dwellings that are owner occupied. Secondary suites are a discretionary use only in Calgary; and both permitted and discretionary uses in Edmonton, Fort Saskatchewan, Grande Prairie and Saskatoon, and are dependent on the zoning of the neighbourhood in which they are being built.

15 6. The City of Edmonton and the City of Calgary have been particularly active in accommodating secondary suites in their land use bylaws. The City of Edmonton has used a two phase approach to secondary suites with Phase One currently in operation. New secondary suites are permitted in specified locations in RFI and RF2 zones; permitted use in specified locations in RF3 zones; and discretionary use in all other locations in RF3 zones. In Phase Two of the City of Edmonton s plan, the City is proposing the following three options for permissions and locations of secondary suites: RF1 (Single Detached Residential) and RF2 (Low Density Infill) Zones Option 1: Permitted, in specific locations; discretionary in all other locations. Option 2: Permitted, in all locations. Option 3: Permitted, in specified locations only and any other location where the Secondary Suite is constructed as part of a new single detached dwelling. RF3 (Low Density Development) Zone Option 1: No change. Option 2: Permitted, in all locations. In all of the options listed above, the primary dwelling unit containing the secondary suite must be located on a corner lot or lot fronting onto a service road; or where a Side or Rear Lot Line abuts a Site in an Industrial, Commercial, Row Housing or Apartment Zone, or is not separated from it by a public roadway more than 10 m wide. The City of Edmonton will be considering its next phase of options for secondary suites in the fall of The City of Calgary Land Use Bylaw was revised in June 2008 to include secondary suites as a discretionary use in the R-C1Ls (Residential Contextual Large Parcel One Dwelling, R1s (Residential One Dwelling), R-C1s (Residential Contextual One Dwelling), R-C2 (Residential - Contextual One/Two Dwelling), and R-2M (Low Density Multiple Dwelling) districts. The s in the land use districts identifies parcels that are intended to accommodate a Secondary Suite on the same parcel as a Single Detached Dwelling.

16 Lot Sizes The requirement related to lot size appears to be used as a means of controlling secondary suite development. The Cities of Calgary and Edmonton have a requirement that the lot size be greater than a normal residential lot size in order to add a secondary suite to a primary dwelling. The City of Saskatoon requires the lot size to be greater than a residential lot size in neighbourhoods where secondary suites are permitted. The other cities researched do not have a requirement for lot sizes for the addition of a secondary suite. 3.3 Parking Requirements As indicated in the literature, parking appears to be a major concern that needs to be addressed in creating opportunities for the development of secondary suites. Seven of the 11 cities require a minimum of one additional parking space. Edmonton and St. Albert require one parking space per two or fewer sleeping units in the secondary suite, in addition to the two parking spaces required for the principal dwelling and tandem parking is allowed for secondary suites. The Cities of Fort Saskatchewan and Grande Prairie also require one additional parking space for each bedroom in the secondary suite. The City of Ottawa does not require additional parking, and the City of Vancouver does not require additional parking for dwellings built before March 23, 2004, and requires one parking space for dwellings built after March 23, Location and Built Form The density and distribution of secondary suites varies greatly from city to city. Most of the Cities researched allow secondary suites to be created in single detached primary dwellings, e.g., Edmonton, Fort Saskatchewan, Vancouver and Langley. The City of Ottawa allows secondary suites to be created in detached, semi-detached and duplex dwellings; and the City of Toronto allows secondary suites in single detached and semi-detached dwellings that are over five years old. In Edmonton, secondary suites are not allowed to be developed in combination with major home base business uses (except where an integral part of a Bed and Breakfast operation as a home based business) nor Group Homes or Limited Group Homes.

17 Dealing with Illegal Secondary Suites Most Cities do not know the number of illegal secondary suites that exist within their jurisdictions. The prevalent approach to dealing with illegal secondary suites under their respective new secondary suites bylaws is to require a homeowner to obtain a permit for the illegal secondary suite in order to make it legal. Since this is a recent development in most cities researched, the success of this approach has not been documented to date. 3.6 Tenure Of the 11 cities researched, the City of Langley has a requirement that the secondary suite be created in a primary dwelling that is owner occupied. The City of Fort Saskatchewan gave third reading to its new land use bylaw on April 22, 2008 and under the new bylaw, secondary suites are considered a permitted use in owner occupied dwelling units and discretionary for non-owner occupied dwelling units. The discretionary category means neighbours must be consulted prior to issuance of the development permit for the new secondary suite. There is a belief that an owner occupied dwelling unit will result in tighter control of tenant behavior and maintenance of the property. These were two areas of concern to a number of Red Deer residents who attended the open houses held on April 9, 10. This was also a topic of conversation when the City of Fort Saskatchewan Council debated third reading of its new Land Use Bylaw in which secondary suites were proposed as a permitted use in single family detached neighbourhoods. An amendment was made to the proposed wording of the Land Use bylaw to distinguish approvals depending on whether the property owner was resident in the primary dwelling unit or not. In the research conducted by the City of Edmonton in 2006 for its secondary suites bylaw, it was determined that under the Municipal Government Act, it may not be legal for Alberta municipalities to control for owner occupancy. Further legal analysis is warranted on this particular question.

18 Utilities, Garbage and Recycling Of the 11 cities researched, only the city of Vancouver has an additional fee of $88 for water consumption in secondary suites. Utilities for secondary suites can be monitored separately only if the homeowner has a separate meter installed for the secondary suite and thus the tenants would bear the cost of the utilities. Most other municipalities did not require separate meters for secondary suites. The City of Edmonton and the Cities of Fort Saskatchewan and Calgary reported that they do not charge an additional fee for utilities for secondary suites. In these instances water and sewer charges are based on consumption which is recovered by the municipality from the person responsible for the utility account. Solid waste charges are also recovered based on the principle dwelling unit regardless of the number of residents occupying the residence. A summary of secondary suite opportunities in 11 Canadian cities reviewed as part of this project is contained in Table 2: Secondary Suites in other Canadian Cities. 3.8 Incentives Incentives in the form of grants are one option to assist homeowners with existing illegal secondary suites to legalize the secondary suites and ensure that existing suites meet building and safety code standards. In June 2008, The City of Edmonton through its Cornerstone Secondary and Garage Suites Grant Program will provide grants of up to $24,000 for secondary suite upgrades and development. The money for these grants will come from the Municipal Sustainability Housing, and Capital Enhancement programs. The City of St Albert has also announced similar grant programs to encourage the development of new secondary suites to meet affordable housing needs it the community.

19 Table 2: Secondary Suites in Other Canadian Cities City Permissions Conditions Building Form Minimum Lot Size Other Without suite With suite Parking for suite Secondary Suite size limits Calgary Discretionary Single Detached 233 m² 330 m² Minimum 400 m² 1 space 70 m² No Owner Occupied 10. Edmonton Grande Prairie Permitted Discretionary Permitted Discretionary Single Detached 312 m² m² 412 m² m² 1 space minimum Number based on size Single Detached No No 1 space for each bedroom in secondary suite St. Albert Permitted Single Detached 244 m² m² 244 m² m² Number based on size 30 m² No No No No No Lethbridge Fort Saskatchewan Saskatoon Permitted Discretionary Permitted Discretionary Permitted wide lots Discretionary narrow lots - Application for a two dwelling unit - Garden Suite (pilot) Minimum 233 m² Minimum 233 m² 2 spaces No No Single Detached 306 m² ac. Minimum 408 m² 1 space per bedroom in addition to the two off-street parking stalls required for the principal building. Single Detached 225 m² m² Yes Permitted No Discretionary Must be less than the total floor area of the principal dwelling. 1 space 65 m² No Langley Permitted Single Detached 557 m²- 930 m² 557 m² m² 1 space 90 m² Yes Permitted use if owner occupies primary dwelling unit otherwise the use is Discretionary. Vancouver Permitted Single Detached 278 m² m² 278 m² m² - 1 space acceptable for primary dwelling built prior to space required for primary dwelling built after Ottawa Permitted Detached, Semi-Detached and Duplex (except for Rockliffe Park and Queensway Terrace North). No No No additional parking No greater than 40% of gross floor area of principal dwelling No No No Toronto Permitted Single detached or semi- detached over 5 years old. No No 1 space No larger than principal dwelling No

20 Citizen and Stakeholder Consultation Processes Citizen and stakeholder input and feedback was secured through: A Web survey accessed by residents from The City of Red Deer website; Interviews with stakeholder groups; Two open house sessions; and Letters from community associations and residents. 4.1 Web Survey The Web survey was designed to obtain citizen response to various aspects of secondary suites, including support for the development of secondary suites, parking, size and location in a dwelling unit, and municipal responsibilities in regulating secondary suites. The survey was posted on The City s website from March 18 to March 25, The Web survey also provided citizens with an opportunity to provide top of mind comments about secondary suites. Citizens and stakeholders were informed about the Web survey through advertisements in three city newspapers on the weekend prior to the survey being posted. The response to the survey with 207 respondents was judged to be good according to The City s experience with prior Web surveys. The survey was not intended to be a statistically valid sample of City residents but more in keeping with what interested stakeholders felt about secondary suites. The responses to the Web survey and the general comments were analyzed to identify themes. The Survey Instrument and Survey results can be found in Appendix IA & 1B. 4.2 Stakeholder Interviews Seventy-one stakeholder groups representing community leagues, social service agencies, builders and developers, community associations, etc., were also invited to share their views on secondary suites. Thirteen groups responded to the invitation and participated in one-on-one interviews with the consultants over a period of two days (Appendix II). Interview participants identified the issues and concerns that in their opinion must be considered in The City s regulations for secondary suites. This

21 12. information has been incorporated into Section 5 on Findings that appears later in the report. 4.3 Open Houses Two open house sessions to further inform citizens about secondary suites and to share the results of the Web survey were held in the City one on the south side and one on the north side. The consultants and Project Steering Committee members were available to meet with and provide further information on the issues raised by the citizens. A total of 45 residents attended the two open houses. Several attendees (11) took the opportunity to complete a feedback form at the Open House sessions. Information from the feedback forms was reviewed to identify the critical issues and concerns of residents (Appendix III). This information has been incorporated into Section 5 on Findings that follows. 4.4 Additional Stakeholder Input Several residents and stakeholders who did not participate in the web survey or the open house sessions submitted their concerns in writing to the consultants. Two community associations and one citizen chose to respond by way of letter to the questions that were included in the web survey. These responses have been included in the analysis of the results of the input from residents and stakeholders. 5.0 Findings from the Citizen and Stakeholder Consultations The findings from the Web survey, Stakeholder Interviews and the Open Houses include the following: There is a high level of resident support for secondary suites in Red Deer. Of the 207 residents who responded to the Web survey, 111 (53.6%) indicated a favorable experience with secondary suites in their neighbourhood. Fifty-one residents (24.6%) indicated an unfavorable experience and 45 residents (21.7%) had no experience with secondary suites. A high level of interest in secondary

22 13. suites was also confirmed through the stakeholder interviews and from input received during the Open House sessions. With the significant cost increases in housing over the past several years, many residents viewed the development of a secondary suite as one way to generate additional income to offset the high cost of living which could allow some families and seniors to remain in their homes. Survey participants and other stakeholders acknowledged that secondary suites provided opportunity for affordable housing, particularly for college students, lower income families and newcomers to Red Deer. Cheaper rent than apartments and townhouses was noted as one significant benefit to persons with fixed or lower incomes. A number of stakeholders noted unfavorable experience with multi family developments including secondary suites in certain areas of the City such as Westpark. Several individuals who attended the Open Houses noted unacceptable behavior of tenants living in rental dwellings where the owner does not occupy the principal dwelling unit. It was not clear if the problem stems from secondary suites or if there is general dissatisfaction with multi family developments or rented single family dwellings that are owned by non-resident property owners. Parking was identified as the major issue related to secondary suites and residents indicated that Red Deer must address this issue. Survey respondents and stakeholders expressed concern about an increase in the number of vehicles in their neighbourhoods. Just over half of survey respondents indicated that off-street parking should be required for tenants of secondary suites. Newer neighbourhoods with smaller lots were identified as areas where onstreet parking has become a problem. Lot sizes in newer neighbourhoods are generally smaller than those in older established neighbourhoods. Many residents shared their negative experiences concerning parking in these neighbourhoods. Although homes in the newer neighbourhoods have alleys and some off-street parking spaces at the rear of lot, many residents choose to park their cars on the street in front of their homes which contributes to parking pressures.

23 14. The City must exercise its responsibility to ensure secondary suites meet safety and fire code standards. There was a high level of support for the establishment of rules for the creation of secondary suites and 66.2% of Web survey respondents felt it was The City s responsibility to provide permits and to inspect secondary suites to ensure tenant safety. Other stakeholders identified safety as a significant concern that requires appropriate attention and due diligence on the part of the City. New Building Code regulations for secondary suites under the Alberta Safety Code Act came into effect in Effective December 31, 2008 safety standards for secondary suites will be further tightened with the introduction of new Alberta Fire Code regulations. Many existing secondary suites were built prior to introduction of the 2006 Building Code regulations and in many cases, the suites do not meet Alberta safety or fire code standards. Retrofitting these suites to meet the Safety Code will be an expensive proposition for many homeowners and may discourage owners of existing illegal secondary suites from applying for approval due to the cost to comply with the new standards. The size and location of the secondary suite in relation to the primary dwelling should be regulated by the City. Just over half of survey respondents indicated that secondary suites should be limited in size to be no more than 50% of the primary dwelling. Slightly under half of survey respondents felt a secondary suite could be up to 80% of the size of the main dwelling unit. The most commonly identified location for a secondary suite was the basement of the primary dwelling. Other respondents felt that the location of the suite should not be regulated and the decision about the location of the secondary suite should be left to the owner of the principal dwelling, so long as fire and safety standards were met. Many survey respondents and stakeholders indicated support for garden suites which are typically located in another building on the principal dwelling site, and garage suites which are located above a detached garage of the principal dwelling lot. The current City of Red Deer Land Use Bylaw does not

24 15. however, allow for garden suites as a permanent residential use, and the height restrictions for garages may not allow for the construction of a garage suite that adheres to Land Use Bylaw requirements. The owner of a primary dwelling unit in which a home-based business operates should be restricted from having a secondary suite. A number of residents stated that a home-based business increases vehicular traffic and on-street parking in a neighbourhood. The feedback from the citizens indicates that a secondary suite in a primary dwelling with a home-based business has the potential to further increase the on-street parking and traffic concerns in the neighbourhood, and thus should not be allowed. The prevalence of non-owner-occupied secondary suites in some (particularly older) neighbourhoods is perceived by some residents as one cause of increased crime and other negative social behaviors. In some neighbourhoods and in particular one older neighbourhood (Westpark), several residents who attended the Open Houses noted that it was their understanding that many properties in Westpark are owned by non-resident owners who do not live in the neighbourhood. There was a general belief shared by a number of attendees at the Open Houses that owner occupancy is the best way to control the activities of tenants and leads to improved property maintenance. Owner occupancy of the principal dwelling in which a secondary suite is located was noted by a number of stakeholders as one way to reduce problems such as vandalism, crime and excessive noise. Many residents expressed concern about bylaw enforcement being lax and expressed frustration about a lack of success in having Bylaw Enforcement deal with some of these issues. It is questionable, however, if these negative social and behavioral issues should be controlled from a land use perspective. Increased enforcement of parking and noise bylaws may be one response to these concerns.

25 16. There was mixed support for The City providing incentives to create secondary suites. Just under half of survey respondents believe that Red Deer should provide incentives to aid in the creation of new secondary suites. If incentives were considered, the following incentives were suggested by several stakeholders: Provide low-interest loans and/or grants for the construction or legitimization of a secondary suite; and Waive fees for licenses and permits for the construction or legitimization of secondary suites. During the stakeholder interviews, staff of the Canada Mortgage and Housing Corporation noted that the Corporation provides funding for secondary suite development through the Residential Rehabilitation Assistance Program. The program is typically oversubscribed and thus there has been little publicity related to this opportunity. Regardless of general stakeholder feelings about the provision of incentives for secondary suites, most stakeholders acknowledged the need for additional affordable housing options for persons on low or fixed incomes. The use of Provincial funds to encourage development of new affordable housing options was generally supported. 5.1 Pros and Cons of Secondary Suites as Noted Through Stakeholder Consultation Based on feedback from the residents and stakeholders the pros and cons of secondary suites to tenants, owners and the community are summarized in Tables 3 and 4.

26 Table 3: Secondary Suites Pros To the Tenant To the Property Owner To the Community Affordability/Market Impact Secondary suites increase supply of affordable housing on market. Rents tend to be lower than apartments and townhouses. Choice Offers residents with the choice to live in a low density neighbourhood. Secondary suites usually have access to a yard. Proximity to Services Secondary suites in existing neighbourhoods provide an advantage of having access to existing schools, shopping, recreation and other quality of life services. Mortgage Assistance Provides an option for new home buyers by assisting with mortgage payments. Seniors/Fixed Income Groups Allows seniors and others on fixed incomes to remain in their homes. Provides seniors with a sense of security and the potential to provide assistance with property maintenance through a tenant agreement. Provides an opportunity for elderly relatives to live independently within the principal dwelling unit. Provides a good alternative to assisted living. Sustain Communities Experiencing Population Decline May increase population in communities that have population decline due to life cycle changes. Increase viability of commercial and public services. Neighbourhood Character Increases rental housing opportunities without changing the form of low-density neighbourhoods. 17. Use of Existing Infrastructure Makes use of existing infrastructure such as utilities, roads, parks and schools which may be underutilized due to population decline. Socio-economic Diversity Secondary suites allow citizens from all economic levels and age groups to live in one neighbourhood.

27 18. Tenure Table 4: Secondary Suites Cons To the Tenant To the Property Owner To the Community A homeowner may choose to remove his or her secondary suite from the rental market thus forcing a tenant to find new accommodation. Accommodation Costs Secondary suite rents may not be affordable for some low-income families without some form of subsidy or control. As housing costs escalate, greater numbers of persons on low or fixed incomes become marginalized and unable to consider other accommodation options or personal home ownership. Attitudes A property owner may encounter negative neighbourhood responses from secondary suite development due to changes in neighbourhood density and related issues such as parking and increased traffic movements. Tenancy Risk Potential exists for an increased number of high risk tenants in low income groups which may be unable to pay rents or meet other financial responsibilities. Parking Requirements The requirement for one additional off-street parking space for a secondary suite may be problematic for some homeowners depending on existing development of their property. Long-term and Sustainable Housing The inventory of long-term housing opportunities from secondary suite development is dependent on homeowners who may choose to remove their secondary suites from the rental market when their financial circumstances improve and they no longer require the rental income. Community Acceptability Residents of neighbourhoods that have traditionally been low density in nature may not fully accept increased densities created by secondary suites.

28 Recommendations The following six recommendations are based on information gathered from the experiences with secondary suites in 11 other Canadian cities and from the feedback of residents and stakeholders of The City of Red Deer: Recommendation #1: That the following regulations for secondary suites be adopted and that the Land Use Bylaw be amended accordingly: a. Secondary suites are allowed only in single detached dwelling units, where listed as a permitted or discretionary use in the land use district; b. Secondary suites shall be constructed within the requirements of all applicable Safety Codes; c. Only one secondary suite may be permitted in a single detached dwelling unit; d. Minimum lot width shall be 12m; e. Minimum site area shall be 360m 2 ; f. A secondary suite must be less than the total floor area of the principal dwelling unit; g. A secondary suite requires one off-street parking stall in addition to the two offstreet stalls required for the principal dwelling. A garage is considered as offstreet parking. Driveway parking may be considered if it does not restrict movement of vehicles in the garage; and h. Secondary suites are not permitted in a single detached house which contains a Home Occupation. Rationale: The conditions listed above are consistent with those adopted by a number of other municipalities and also address the major issues identified during the stakeholder consultation and input process. Stakeholders noted the need for additional dedicated off street parking as one of the most critical requirements concerning current and future operation of secondary suites. As part of the approval processes for secondary suites, a development permit should be required in addition

29 20. to a building permit as inspections will be required to ensure that all building and safety code regulations and standards are met. Recommendation #2: That secondary suites be identified as a discretionary use in all existing R1, R1A and R2 districts not currently subject to City of Red Deer Neighbourhood Planning Guidelines & Standards for a two year period commencing on October 1, Rationale: There is a high level of support amongst residents and stakeholders in Red Deer for secondary suites; however, permits, regulations and inspections were suggested to control use and ensure safety of tenants. Some stakeholders felt that secondary suites should only be permitted in owner occupied dwellings but this condition would be very difficult if not impossible to enforce and would likely be outside of the City s legal authority to regulate. Other municipalities have received legal opinions recommending against the condition that secondary suites be restricted to owner occupied dwelling units. City solicitors have provided a preliminary opinion that the Municipal Government Act does not give The City authority to impose regulations on owner occupancy as a condition of approval for secondary suites. The proposed two year period commencing on October 1, 2008 would give The City of Red Deer time to gauge on the basis of the response from the community, whether secondary suites should continue to be a discretionary use in existing RI, R1A and R2 districts. If community response to discretionary secondary suites in these districts is positive, The City may wish to consider making secondary suites a permitted use in all existing R1, R1A and R2 districts at the end of the two year period. Recommendation #3: That secondary suites be identified as a permitted use in all new area structure plan areas effective January 1, Rationale: Identifying secondary suites as a permitted use in all new area structure plan areas would provide prospective home buyers with awareness that secondary suites can be developed in any new single family dwelling unit in the area defined by the area structure plan. Identifying secondary suites as a permitted use has the potential to significantly increase the availability of housing in The City. City developers and home builders have indicated that identifying specific parcels of land for secondary suites in new area structure plans has not yielded the intended

30 21. results i.e. development of a secondary suite during new construction, and in some cases has actually been a deterrent as home buyers are not willing to pay the higher price for these parcels. Recommendation #4: That The City of Red Deer review resource requirements to implement and administer changes to the licensing and approval of existing illegal secondary suites and new secondary suites. Rationale: Existing and new secondary suites will need to be inspected to identify deficiencies. Follow-up inspections to ensure compliance of safety standards have been met will be required. The City must find innovative ways to make the legalization of secondary suites a non-cumbersome process and one that will result in benefits for the owner, the tenant and the community. Recommendation #5: That the City engage in a robust public information campaign to encourage owners of existing secondary suites to obtain a permit for the secondary suite; to inform homeowners with secondary suites that they have a responsibility to ensure that the suite meets building and fire code standards, and to provide citizens with all the necessary information relating to building and safety code standards. Rationale: An information brochure to outline the process and requirements for legalizing secondary suites would benefit affected stakeholders. The brochure should explain in clear terms how residents can legalize secondary suites. Following adoption of a bylaw amendment to permit secondary suites, The City should send a newsletter containing information about the secondary suites program to all single family households in The City of Red Deer. Recommendation #6: That Red Deer develop an Incentive Strategy to assist in the legalization of existing secondary suites and to encourage development of options for affordable housing through development of new secondary suites. Rationale: If Council decides to move forward with the legalization of secondary suites, it is recommended that incentives be considered for residents as an inducement to legalize existing illegal suites and to create new secondary suites to address affordable housing needs. Discussion with the City of Edmonton concerning its secondary suites incentive program is highly recommended. The City could also waive permit fees for a specified period following adoption of land use