May 23, 2017…

Comment

   May 23, 2017

  Victor Doyle, Manager

 Ministry of Municipal Affairs and Housing (MMAH)

 Local Government and Planning Policy Division

 Provincial Planning Policy Branch

 777 Bay Street, 13th Floor

 Toronto ON, M5G 2E5

  Dear Mr. Doyle:

  Re: “Proposed Regulation for the establishment of requirements and standards with respect to secondary residential units” (EBR # 012-9694)

  Thank you for the opportunity to provide comments on the proposed Regulation under s. 35 1(2)(b) of the Planning Act. It is our understanding that, if made, this Regulation will set out the following requirements and standards with respect to second residential units referred to in s. 16 (3) of the Planning Act:

  •A maximum of one parking space would be required for a second residential unit, where second residential units are permitted, which includes “tandem parking”, which would be defined as a parking space that is only accessed by passing through another parking space from a street, lane or driveway;

  •A second residential unit, where permitted in the zoning by-law, may be occupied by any person in accordance with s. 35(2) of the Planning Act, and, for greater clarity, regardless of whether the primary unit is occupied by the owner of the property; and

  •A second residential unit, where permitted in the zoning by-law, would be permitted without regard to the date of construction of the primary building.

 TRCA’s comments are based on our role as: a resource management agency operating on a watershed basis, a public commenting body under the Planning Act delegated to represent the provincial interest for natural hazards as per Section 3.1 of the Provincial Policy Statement, and as a regulator under s.28 of the Conservation Authorities Act.

  Commentary on the proposed Regulation

 TRCA staff support the proposed Regulation as it aims to benefit Ontario communities by increasing affordable housing options in response to changing demographics, while also maximizing densities and making more efficient use of existing infrastructure.

  Under Section 28 of the Conservation Authorities Act, TRCA has regulatory jurisdiction over nine watersheds and a portion of the Lake Ontario shoreline within all or parts of eighteen municipalities across the Greater Toronto Area where the proposed Regulation would apply. TRCA’s Section 28 Regulation is applicable law under the Building Code Act.  In addition, TRCA has a significant advisory role under the Planning Act to our eighteen member municipalities, including the delegated responsibility to represent the “Provincial Interest” on natural hazards.

  In accordance with the Provincial Policy Statement, 2014 (PPS), and TRCA’s The Living City Policies, we would not support the creation of secondary units within hazardous lands associated with valley and stream corridors and the Lake Ontario shoreline (i.e. flood and erosion hazards) as to do so would increase the risk to life and property associated with the hazard where previously less risk existed.

  Through our review of the Ministry’s online Information Page on Second Units in Ontario (http://www.mah.gov.on.ca/Page9575.aspx), we note the Province’s acknowledgement that, while second units are required to be permitted through the Strong Communities through Affordable Housing Act, 2011 (Bill 140), municipalities should consider constraints that would be inappropriate for second units such as flood vulnerable areas in developing or reviewing second unit policies within official plans and zoning provisions. TRCA appreciates that this inherent risk associated with secondary suites has been recognized. However, we recommend explicitly referencing erosion hazards as well as flood-prone areas as constraints municipalities must consider when formulating or updating policies, in accordance with the hazardous lands and hazardous sites policies in the PPS.

  We trust these comments are clear and are of assistance. Should you have any further questions or comments, please contact the undersigned at extension 5386 or by e-mail at jthompson@trca.on.ca.

  Sincerely,

  Jeff Thompson, M.Pl, MCIP, RPP

 Planner II - Policy, Planning and Development

[Original Comment ID: 209377]