Georgian College Neighbourhood Strategy Page 2

Transcription

1 Prepared by the Planning Services Department December 2007

2 Georgian College Neighbourhood Strategy Page 2 GEORGIAN COLLEGE NEIGHBOURHOOD STRATEGY Table of Contents SECTION 1 - INTRODUCTION Purpose Goals Organization of the Report SECTION 2 - CONTEXT Study Area Figure 1 Georgian College Study Area Student Enrollment Student Accommodation Demand for Student Accommodation Figure 2 Walking Distances to Georgian College SECTION 3 RESEARCH SUMMARY Zoning Complaints Property Standards Complaints Ownership and Complaints Figure 3 Zoning Complaints Map Figure 4 Property Standards Complaints Map Figure 5 Rental Property Complaints Map SECTION 4 - IMPLEMENTATION Land Use Figure 6 Potential Student Accommodation Sites Map Figure 7 Individual Site Assessment Maps Financial Incentives Safety and Enforcement Communication and Information Sharing SECTION 5 SUMMARY OF RECOMMENDATIONS 43 APPENDICES Appendix 1 Georgian College Neighbourhood Community Improvement Plan Appendix 2 Staff Report PLN004-05

3 Georgian College Neighbourhood Strategy Page 3 SECTION 1 INTRODUCTION

4 Georgian College Neighbourhood Strategy Page 4 Introduction Purpose The purposes of the Georgian College Neighbourhood Strategy are twofold. First, this strategy implements policy direction in the Official Plan which states that Council shall encourage the provision of student housing facilities particularly in the northeast section of the City or in close proximity to major transit routes. Second, the strategy supports the work of the Town and Gown Committee by raising the level of understanding of all members of the community on the broad range of issues related to student accommodation. Goals The Georgian College Neighbourhood Strategy has four goals: to identify opportunities for the development of medium and high density housing for students in areas near Georgian College; to facilitate the provision of student housing facilities throughout the Georgian College Neighbourhood; to ensure the safety of all forms of student housing and increase compliance with City by-laws and regulations; and, to develop methods to improve communication and information sharing among town and gown partners including residents, landlords, students, Georgian College and the City. Organization of the Report This report is organized into five sections. The first section is the introduction which includes details of the purpose and goals of the Georgian College Neighbourhood Strategy and an overview of how the report is organized. Section 2 provides a context for the existing student housing situation in Barrie and identifies the study area. The third section of the report summarizes the research findings and conclusions. Section 4 describes the measures that are required to implement the Georgian College Neighbourhood Strategy. The final section of the report provides a summary of the action items and recommendations. The appendices include the Georgian College Neighbourhood Community Improvement Plan and Staff Report PLN

5 Georgian College Neighbourhood Strategy Page 5 SECTION 2 CONTEXT

6 Georgian College Neighbourhood Strategy Page 6 Context Study Area The Georgian College study area is located in the north-east corner of the City and occupies approximately 5 square kilometers. The limits of the area are identified on Figure 1 and include Penetanguishene Road to the east, St. Vincent Street to the west, Wellington Street East and Steel Street to the south and Cundles Road East, Little Lake Drive, Highway 400 and Georgian Drive to the north. The study area includes all of the Georgian Drive and Grove East Planning Areas and portions of the Alliance, Wellington and Little Lake Planning Areas. The majority of the study area is within a reasonable walking distance of Georgian College. Figure 2 identifies the limits of a 10, 15 and 20 minute walk from the campus. This Plan is founded on the following principles which have drawn upon a review of the strengths, weaknesses, opportunities and threats facing the area, and which constitute the guiding framework for decision making and future development of the area over the next 20 years. Figure 1

7 Georgian College Neighbourhood Strategy Page 7 Student Enrollment The most recent enrollment information is for the fiscal year at which time the number of full time students was 6,407. An additional 330 international students increased total enrollment to 6,737. In addition to the foregoing, 610 students were enrolled in university partnership programs at Georgian College and 527 individuals participated in various apprenticeship programs. Enrollment forecasts for full time studies anticipate increases of 2% per annum during the next three years. This will result in approximately 7,300 students by the academic year. The College s forecasts for apprenticeship programs call for annual increases of 15% up to and including Georgian College now has 9 affiliations with 9 universities, offering degree programs and courses to some 2,000 students. Enrollment is expected to increase as the Province seeks to improve offerings in what has traditionally been an under-serviced region for university programs. Student Accommodation There are opportunities for students attending Georgian College to live either on campus or off campus. On campus housing is available in a student residence that is owned by the College. The residence accommodates 525 students and generally operates at 100% occupancy during the school year. Most of the students who live in the College residence are enrolled in first year. The building opened in 2002 and is designed so that it can be expanded to double its current size. College staff have advised that there are no immediate plans to enlarge the student residence since they have yet to receive enough applications in a single year to fill an expansion. Off campus housing opportunities are available throughout the City in houses, apartments, town homes and one private student residence. Canada Student Residence Corporation owns Georgian Green Student Residence Apartments located at 140 Bell Farm Road. Georgian Green is a private residence apartment complex that caters exclusively to College students. A total of 257 students are housed in 3 four storey buildings with four suites per floor and five or six bedrooms per suite. Other off campus housing opportunities for students are listed on various websites including and A recent review of the Places4Students website revealed 79 property listings. These included houses, bedroom(s) in houses, basement apartments, bedroom(s) in a basement apartment, bedroom(s) in an apartment or condominium, duplexes, townhouses, and bedroom(s) in a townhouse. Of the 79 listings, 44, or 55%, of them are located within easy walking distance of the College campus.

8 Georgian College Neighbourhood Strategy Page 8 Demand for Student Accommodation Each fall semester, Georgian College surveys first year students on a broad range of matters. Included in the 2006 survey was a question regarding where they would be living during the school year. The 2,051 responses that were submitted provide an insight into how the demand for student accommodation amongst the freshman population is being met. The majority of first year students (39%) indicated that they planned to live at home or with relatives. The balance of the accommodation was in a shared house or apartment (17%), in their own home or apartment (16%), in the on-campus student residence (14%), in a boarding or rooming house (6%) and in the off-campus student residence at Georgian Green (7%). The responses to the questionnaire revealed that approximately 21% of freshman students either reside on-campus or in the Georgian Green residence. When this total is combined with the number of students who live at home or with relatives, it indicates that approximately 60% of first year students do not require off-campus rental accommodation. It should also be noted that first year students occupy the majority of rooms in both the on-campus residence (54%) and at Georgian Green (56%). There is no data available regarding where upper year students live while attending Georgian College. However, given the limited availability of on-campus accommodation it is reasonable to assume that the students live in rental units throughout the community, at home or with relatives. If the number of rooms in the on-campus residence (525) and Georgian Green student apartments (257) is expressed as a percentage of the student population (6,737), only 11.6% of the total student body can be housed on-campus or in the nearby student apartment residence at Georgian Green. This means that as many as 88% of the students attending Georgian College will live elsewhere in the City or commute to school.

9 Georgian College Neighbourhood Strategy Page 9 Figure 2

10 Georgian College Neighbourhood Strategy Page 10 SECTION 3 RESEARCH SUMMARY

11 Georgian College Neighbourhood Strategy Page 11 Research Summary The purpose of this section of the report is to summarize the key findings of the research. The research included an examination of the complaints that were filed with the City during 2006 regarding zoning and property standards violations. Zoning Complaints In 2006, the City received 473 new complaints regarding possible zoning violations. Of this total, 162 violations, or 34%, were reported in the Georgian College study area. The majority of complaints related to vehicles parked on front lawns (106 complaints or 65%) and occupancy issues (50 complaints or 30%). Other zoning complaints amounted to 6 or 4% of the annual total. The location of the properties that were the subject of possible zoning violations are identified on Figure 3. Property Standards Complaints Last year, 820 new complaints were filed with the City regarding possible property standards violations. Of this total, 113 violations, or 14%, involved properties located in the Georgian College study area. The complaints can be broken down into three main categories. These include garbage and debris (49 complaints or 43%), unlicensed vehicles (34 complaints or 30%) and long grass and weeds (22 complaints or 20%). Other possible violations (8) accounted for 7% of the annual total. Figure 4 identifies the properties for which property standards complaints were received. Ownership and Complaints In an attempt to determine whether there was any correlation between sites that were the subject of complaints and rental properties, staff researched municipal records. However, since the assessment roll no longer identifies tenants, an assumption had to be made. The underlying assumption of this research was that rental properties were taken to be those where the municipal tax bill was mailed to an address other than that of the dwelling. In the Georgian College study area, there are 682 parcels out of approximately 3600 residential properties, or approximately 20%, that were assumed to be rental properties. Of the 162 complaints filed with the City regarding possible zoning violations, 55 of the complaints, or 34%, involved rental properties. Of the 113 complaints received regarding possible property standards violations, 42 of the complaints, or 37%, involved properties where the municipal tax bill was sent to another address. The location of the parcels that were assumed to be rental properties are identified on Figure 5. On the assumption that rental properties are those where the City tax bill is mailed to an address other than the municipal address, the research reveals that approximately one third of the complaints that the City received during 2006 involved rental properties.

12 Georgian College Neighbourhood Strategy Page 12 Figure 3

13 Georgian College Neighbourhood Strategy Page 13 Figure 4

14 Georgian College Neighbourhood Strategy Page 14 Figure 5

15 Georgian College Neighbourhood Strategy Page 15 SECTION 4 IMPLEMENTATION

16 Georgian College Neighbourhood Strategy Page 16 Implementation LAND USE One of the goals of the Georgian College Neighbourhood Plan is to identify opportunities for the development of medium and high density housing in areas near the College. Additional housing would provide accommodation not only for college students but also for the community-at-large. This section of the report outlines three actions that are intended to achieve this goal. Each action includes a recommendation involving specific properties. The three actions that are aimed at creating new housing opportunities in the study area are as follows: allow for residential development on small infill (re)development sites that are currently designated and/or zoned for non-residential uses; allow medium density residential development in areas that are currently zoned for low density residential use; and, allow greater density on lands that are already zoned for medium density residential use. A comprehensive review of the Georgian College Neighbourhood identified ten sites (numbered 1-2 and 4-11, there is no site number 3) that are regarded as potential development opportunities. A detailed description and evaluation of each site is incorporated in the following section of the report. The sites are identified on Figure 6 and details are provided in Figure 7. Two of the sites (Sites 9 and 11) are vacant, designated and zoned for medium density residential use. Accordingly, both are viewed as existing opportunities and assigned an immediate timeframe for development. The remaining properties (Sites 1-2, 4-8 and 10) also present potential opportunities for additional housing that could be available to Georgian College students. These sites, however, require changes to the City s planning documents and/or land assemblies in order for development to proceed. The timing for development of these parcels is therefore given medium or long term time horizons. Action No. 1: Allow for residential development on lands that are currently designated and/or zoned for non-residential uses. The first action which has the potential of expanding the housing supply for both Georgian College students and the community-at-large involves permitting residential development on lands that are currently designated and/or zoned for non-residential uses. In these cases, amendments to the Official Plan and/or Zoning By-law are required and, in some instances, land assemblies are necessary. Sites where rezonings are a prerequisite to development are regarded as short term opportunities while those requiring Official Plan amendments, rezonings and/or land assemblies are assigned a medium term timeframe. A total of five properties in the study area were identified as candidate sites. One property (Site 1) requires a rezoning and a second parcel (Site 5) requires both an Official Plan amendment and a rezoning to permit residential development. Three properties (Sites 6, 7 and 8) require a land assembly, Official Plan amendment and rezoning. The location of the parcels is identified on Figure 6 and details of each site are included in Figure 7.

17 Georgian College Neighbourhood Strategy Page 17 Site Duckworth Street This multi tenant commercial plaza provides an excellent redevelopment opportunity for a mixed use commercial/ residential project. The property is located at the intersection of an arterial road (Duckworth Street) and a minor collector (Grove Street East) both of which are public transit routes. This site is less than a 10 minute walk from the Georgian College campus and has direct access to Highway 400. Site Penetanguishene Road This site is currently used for retail commercial purposes and offers an excellent opportunity for medium or high density residential development. The property has frontage on an arterial road with easy access to Georgian Drive, Highways 11 and 400. This parcel is within a five minute walk of the transit route on Grove Street East, a 10 minute walk from the Johnson Street transit service and a 20 minute walk from the Georgian College campus. The 1.62 ha property has considerable development potential. However, the extension of Sydenham Wells and the establishment of lots on the west side of the street will reduce the acreage available for development to approximately 1.2 ha. Under an Apartment Dwelling First Density RA1 zoning and at a density of units per hectare, the site could yield in the range of units. A Multiple Family Second Density RM2 zoning and a density of 53 units per hectare could generate approximately 63 units. In order to minimize any potential impact on the dwellings that will be built on the west side of the extension of Sydenham Wells, development densities for Site 5 should be stepped from west to east. In this way, the highest density and building height permitted under a RA1 zoning would be furthest removed from the adjacent low density development on Sydenham Wells. If the western third of the subject property is developed under a RM2 zoning and the easterly two thirds of the parcel developed under a RA1 zoning, the yield would be approximately 21 units and units, respectively, for a total of units. Site Penetanguishene Road The zoning of this vacant property requires a land assembly involving the adjacent parcel to the north (Site 7) before development can proceed. This merger, and a similar merger between Sites 7 and 8, will create a 5800m 2 residential development site.

18 Georgian College Neighbourhood Strategy Page 18 The lands are located at the intersection of an arterial road (Penetanguishene Road) and a local road (Cheltenham Road) with convenient access to Georgian Drive, Highways 11 and 400. The property is a 10 minute walk from the transit service on Johnson Street and a 20 minute walk from Georgian College. As noted in the assessment of the lands municipally known as 280 Penetanguishene Road (Site 7) and 1 Cheltenham Road (Site 8), this parcel must be merged with the abutting properties before development occurs. The development potential of the holding is outlined below in the description for Site 7. Site Penetanguishene Road This site is currently used for service commercial purposes and presents an opportunity for a land assembly involving the adjoining properties to the north (Site 8) and the south (Site 6). The merger will create a 5800m 2 parcel that has the potential for medium or high density residential development with, or without, a commercial component. The property is located at the intersection of an arterial road (Penetanguishene Road) and a local road (Cheltenham Road) with easy access to Georgian Drive, Highways 11 and 400. The lands are a 10 minute walk from the transit service on Johnson Street and a 20 minute walk from the Georgian College campus. As noted in the analysis of the lands municipally known as 274 Penetanguishene Road (Site 6) and 1 Cheltenham Road (Site 8), this site is to be merged with adjoining parcels before development can proceed. Under an Apartment Dwelling First Density RA1 zoning and at a density of units per hectare, the entire site could yield in the range of units. A Multiple Family Second Density RM2 zoning which permits a maximum density of 53 units per acre could generate approximately 31 units. Site 8 1 Cheltenham Road The zoning of this vacant property requires a land assembly involving the adjacent parcel to the south (Site 7) before development can proceed. This merger, and a similar merger between Sites 6 and 7, will create a 5800m 2 residential development site. The lands are located at the intersection of an arterial road (Penetanguishene Road) and a local road (Cheltenham Road) with convenient access to Georgian Drive, Highways 11 and 400. The property is a 10 minute walk from transit service on Johnson Street and a 20 minute walk from Georgian College.

19 Georgian College Neighbourhood Strategy Page 19 As noted in the assessment of the lands municipally known as 274 Penetanguishene Road (Site 6) and 280 Penetanguishene Road (Site 7), this parcel must be merged with the abutting properties before development occurs. The development potential of the holding is described in the foregoing description for Site 7. Recommendation: That the properties municipally known as 353 Duckworth Street, 268 Penetanguishene Road, 274 Penetanguishene Road, 280 Penetanguishene Road and 1 Cheltenham Road be considered as potential sites for the development of housing for Georgian College students. Action No. 2: Allow medium density residential development in areas that are currently zoned for low density residential use. A second action which could increase the supply of residential accommodation in the vicinity of Georgian College for students and the community is to allow medium density development on sites that are presently zoned for low density residential uses. This would involve amendments to the Zoning By-law and, in one case that was identified, both a land assembly and a rezoning. The properties that require rezonings are regarded as short term development opportunities while the site that entails a land assembly and rezoning is viewed as a long term proposal. Two properties in the study area offer potential residential development opportunities. The first site (Site 4) is designated for residential use but is presently vacant. The second site (Site 10) consists of ten individual residential lots that have the long term potential to be assembled and redeveloped for high density residential use. The location of each of the properties is identified on Figure 6 and individual site details including the area of each parcel are incorporated in Figure 7. Site Penetanguishene Road This site is vacant and at 2.5 hectares in size, offers a significant opportunity for medium or high density residential development. The acreage was redesignated for residential purposes in October 2005 pursuant to Official Plan Amendment No. 56. The lands front on an arterial road and have convenient access to Georgian Drive, Highways 11 and 400. This property is a five minute walk from transit service on Grove Street East, a 10 minute walk from the Johnson Street transit route and a 20 minute walk from Georgian College. The property has considerable development potential. However, the extension of Sydenham Wells and the establishment of lots on the west side of the street will reduce the acreage available for development to approximately 1.8 ha. Implementing the residential designation in the Official Plan by way of a Multiple Family Second Density RM2 zoning and a density of 53 units per hectare, could result in a maximum of 95 units. An Apartment Dwelling First Density RA1 zoning with a density of units per hectare, could yield between units.

20 Georgian College Neighbourhood Strategy Page 20 In order to reduce any potential impact on the dwellings that will be built on the west side of Sydenham Wells extension, development densities ideally should be stepped from west to east. In this way, the highest densities and building heights permitted under a RA1 zoning would front on Penetanguishene Road and be furthest removed from the adjacent low density development on Sydenham Wells. Limiting the heights of apartment buildings could further minimize any possible impact on the adjacent ownerships. If the western third of the subject property is developed under a RM2 zoning and the easterly two thirds of the parcel developed under a RA1 zoning, the yield would be approximately 32 units and units, respectively. Site Georgian Drive This site presents a long term opportunity for a land assembly and high density residential development. The holding is significant both in terms of area and road frontage. These lands occupy 4.6 hectares and have 325m frontage on a major collector. The location offers direct access to Georgian College by public transit and is within a 10 minute walk of the campus. This property is a unique location for high density development. Although site constraints related to the shape of the parcels, topography and proximity to Highway 400 exist, an Apartment Dwelling First Density RA1 zoning affords significant potential for additional residential units. Recommendation: That the properties known municipally as 254 Penetanguishene Road and Georgian Drive be considered as potential sites for the development of housing for Georgian College students. Action No. 3: Allow greater density on lands that are already zoned for medium density residential use. The third action which has the potential of increasing the housing supply for both Georgian College students and the community-at-large involves permitting increased densities on lands that are currently zoned for medium density residential development. This would entail amendments to Zoning By-law and such changes are regarded as initiatives that could be completed in the short term. One property in the study area was identified as a potential development opportunity. The site (Site 2) is located on the east side of Duckworth Street north of Grove Street East and is currently occupied by a place of worship (Christ of the Latter Day Saints) and a parking area. The location of the property is identified on Figure 6 and details of the site are included in Figure 7.

21 Georgian College Neighbourhood Strategy Page 21 Site Duckworth Street The lands are underutilized and have the potential for a development which is similar in size and scale to that which exists on the adjoining lands to the north. At a density of units per hectare under an Apartment Dwelling First Density RA1 zoning, the 4937m 2 site could yield in the range of units. Recommendation: This property offers a unique opportunity for residential intensification. The lands are designated and zoned for medium density development but are presently used as a place of worship and associated parking area. The parcel fronts on an arterial road and is located immediately south of an existing six storey, 50 unit apartment building. The property is less than 10 minutes from Georgian College, has regular transit service and is easily accessible from Highway 400. That the property known municipally as 363 Duckworth Street be considered as a potential site for the development of housing for Georgian College students.

22 Georgian College Neighbourhood Strategy Page 22 Figure 6

23 Georgian College Neighbourhood Strategy Page 23 Figure 7 Site 1

24 Georgian College Neighbourhood Strategy Page 24 Site 1 - Rendering

25 Georgian College Neighbourhood Strategy Page 25 Figure 7 Site 2

26 Georgian College Neighbourhood Strategy Page 26 Figure 7 Site 4

27 Georgian College Neighbourhood Strategy Page 27 Figure 7 Site 5

28 Georgian College Neighbourhood Strategy Page 28 Figure 7 Site 6

29 Georgian College Neighbourhood Strategy Page 29 Figure 7 Site 7

30 Georgian College Neighbourhood Strategy Page 30 Figure 7 Site 8

31 Georgian College Neighbourhood Strategy Page 31 Figure 7 7 Site Site 8 9

32 Georgian College Neighbourhood Strategy Page 32 Figure 7 Site 10

33 Georgian College Neighbourhood Strategy Page 33 Figure 7 Site 11

34 Georgian College Neighbourhood Strategy Page 34 FINANCIAL INCENTIVES A goal of the Georgian College Neighbourhood Plan is to facilitate the development of housing for students in areas near Georgian College. Identifying potential locations for development and initiating the land use changes that are required is one means of achieving this goal. A second is providing financial incentives. Relief from application and permit fees, charges and increased taxes associated with new development and redevelopment may lead to the construction of more medium and high density housing. Action No: 1: Provide financial incentives to encourage multiple unit housing developments suitable for student accommodation in areas near Georgian College. Community Improvement Plans with financial incentives in the form of grants, for application fees and a tax increment based grant are proposed in the study area to stimulate private sector participation in the provision of multiple unit housing close to Georgian College. The Municipal Act, 2001, normally prohibits bonusing of manufacturing business or other industrial or commercial enterprise. However, an exception is made for municipalities exercising powers under Section 28 of the Planning Act, which allows municipalities with provisions in their official plans relating to community improvement to designate by by-law a Community Improvement Project Area. Once this is done, a municipality may prepare a Community Improvement Plan for the community improvement project area. Recent changes to the Planning Act provide municipalities the power to approve financial incentives without requiring approval of the Minister of Municipal Affairs and Housing. Preconsultation with the Ministry of Municipal Affairs and housing is however required. According to the Planning Act, a community improvement project area is defined as an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason. The primary objective of the Financial Incentives is to stimulate investment in intensified forms of residential accommodation suitable for a growing student population through the development or redevelopment of appropriate sites in proximity to the College area. In order to ensure that new accommodation is geared to students, a majority of the units in any project must be designed with individual bedrooms sharing a common living room and kitchen area. Refer to the Concept Plan Figure 1, below. Figure 1 Concept Plan

35 Georgian College Neighbourhood Strategy Page 35 The two grants proposed are: tax increment based grant; and, application fees, permit fees and special fees grant. Recommendation: That the Community Improvement Plan prepared for the study area which includes financial incentives in the form of a Tax Increment Based Grant and Application Fees, Permit Fees and Special Fees Grant be approved. The details of the proposed grants are outlined in Appendix 1, Georgian College Neighbourhood Community Improvement Plan.

36 Georgian College Neighbourhood Strategy Page 36 SAFETY AND ENFORCEMENT One of the goals of the Student Accommodation Review is to ensure the safety of all forms of student housing and increase compliance with by-laws and regulations. This section of the report describes three actions that are designed to achieve this goal. Action No. 1: Amend the City s Zoning By-law and Licensing By-law regarding boarding, lodging and rooming houses. On March 7, 2005, Council approved the recommendation included in Staff Report PLN regarding proposed amendments to the Zoning By-law for boarding, lodging and rooming houses. The report also included recommendations with respect to licensing, enforcement, inspection and communication initiatives. The recommendation with respect to proposed zoning amendments for boarding, lodging and rooming houses is reproduced below and the entire staff report is attached as Appendix 2. The recommendation in Staff Report PLN regarding proposed amendments to Zoning Bylaw is as follows: That the proposed Zoning By-law amendments as recommended in Staff Report PLN004-05, and as summarized in Appendix A, be approved in principle, and be included in the Residential section of the Comprehensive Zoning By-law review and presented at the statutory Public Meeting related to that section. There is an acknowledgement in the staff report that boarding, lodging, rooming houses have been created throughout the City, that current laws in Ontario permit this use and recent court decisions have made the law clear on this issue. Such accommodation serves the needs of various groups of people who may choose to live communally or provide individuals with a room to rent. Boarding, lodging and rooming houses appear to be common in the Georgian College area since it is a desired living arrangement for students. The staff report recognizes that despite concerns, the community at large believes that the provision of safe and adequate living accommodation should be provided for all individuals regardless of income levels. Boarding, lodging and rooming houses are a needed component within the community s building inventory. At the same time, the community wants property values protected through good land use planning and firm By-law enforcement. The City wants to foster and maintain a sense of community and to protect quality of life. As Georgian College continues to expand, the provision of housing for students within the vicinity of the college will increase in demand and will continue to heighten neighbourhood concerns and complaints. The proposed amendments to Zoning By-law are aimed at clarifying and strengthening various definitions associated with boarding, lodging and rooming house uses. In doing so, the revisions are intended to ensure consistency between the terminology included in the Zoning Bylaw and that contained in the Building and Fire Codes. These changes and others that are planned will assist in more efficient and effective enforcement. The original intent of the recommendation in Staff Report PLN was that the proposed zoning be approved in principle, included in the Residential section of the Comprehensive Zoning By-law review and presented at the statutory public meeting to that section. However, given recent Provincial policy directives and legislative changes that may have implications for the update of

37 Georgian College Neighbourhood Strategy Page 37 Zoning By-law 85-95, Council directed that consideration of amendments for boarding, lodging and rooming houses proceed in advance of the comprehensive review of the Zoning By-law. A public meeting was held on April 2, Recommendation: That Planning Services staff report to General Committee regarding proposed Zoning Amendments for boarding, lodging and rooming houses. Action No. 2: Allocate available resources during the months of April, August, September and October to monitor and enforce parking and exterior yard maintenance violations in residential areas near Georgian College that have been problematic in the past. Planning Staff Report PLN included recommendations with respect to licensing, enforcement, inspection and communication initiatives. These recommendations are reproduced below: That upon final approval of the Residential section of the City s Comprehensive Zoning Bylaw including the referenced Boarding, Lodging and Rooming House amendments, the following action be undertaken: a) That By-law , the City s Licensing By-law, be amended to include definitions pertaining to Boarding/Lodging Houses and Rooming Houses to be consistent with the Zoning By-law and to require that all large boarding/lodging houses and all rooming houses (small and large) be licensed with annual reinspections. (b) (c) (d) (e) (f) That increased by-law enforcement and inspections be undertaken around the Georgian College and other historically problematic areas, for parking violations and exterior yard maintenance violations, during the months of August, September, October and April. That the City Council Policy Manual be amended to reflect 2 b) above. That the Barrie Police Service be similarly requested to exercise a zero tolerance for noise and behaviour violations involving activities within residential zones located around the Georgian College area, subject to available resources. That staff undertake an appropriate public information program including preparation of an information story for the City Page in the Barrie Examiner to inform and educate the public on the City s implementation as it relates to Boarding/Lodging Houses and Rooming Houses. That the implementation, increased enforcement measures and licensing of boarding/lodging and rooming houses be monitored for one year and that staff in the Building Services and City Clerk s Office report back to General Committee with recommendations as required (including recommendations regarding increased staffing and the costs associated with the level of service provided by all affected departments). Recommendation (b) above regarding increased enforcement and inspections is the final phase of a multi-phase implementation program that Council has approved. Initial phases include amend-

38 Georgian College Neighbourhood Strategy Page 38 ments to Zoning By-law and Licensing By-law , a public information program regarding the regulatory changes and a one year monitoring program. The rationale for a phased approach was outlined in Staff Report PLN and is reproduced below: Although it is estimated that there are in the order to 300 existing boarding/lodging and rooming houses currently operating in the City, this is only an estimate. None of these are currently licensed. It is not possible to estimate what percentage of these could comply with the proposed zoning and regulation amendments, nor how many will be licensed, how long it will take to get all of them licensed and what the increase in demand will be for them in the future. Although the affected departments have provided estimated staff resource requirements to handle the proposed amendments, there is no guarantee that the hiring of new staff will be offset or partially recovered by licensing fees, annual renewals, or stiffer court penalties or enforcement ticketing for infractions. Therefore, rather than expending additional money for increased staff resources based solely on estimates, with the approval of the staff recommendations its implementation could be monitored for a one year time period. Success, failure or requirements for refinements, additional staff resources, etc. could be identified and detailed based on one year of experience, in a report back to General Committee. Those departments directly affected could jointly produce such a report within a year time and include requirements in order to maintain or exceed the current level of service to appropriately implement Boarding/Lodging and Rooming House regulations. Therefore, it is recommended that the implementation, enforcement and licensing of Boarding/Lodging and Rooming Houses be monitored for one year and that staff in the Building Services and City Clerk s Office report back to General Committee with recommendations as required (including recommendations regarding increased staffing and the costs associated with the level of service provided by all affected departments). In the interim, it is recommended that where possible, City staff allocate available resources during the months of April, August, September and October to monitor and enforce parking and exterior yard maintenance violations in residential areas near Georgian College that have been problematic in the past. The research that has been completed as part of the Student Accommodation Review will assist in identifying areas where staff resources are best directed. Recommendation: That City staff allocate available resources during the months of April, August, September and October to monitor and enforce parking and exterior yard maintenance violations in residential areas near Georgian College that have been problematic in the past. Action No. 3: Barrie Police Services continue with the recommendations regarding zero tolerance as per Council Resolution 05-G-109. Planning Staff Report PLN included recommendations with respect to licensing, enforcement, inspection and communication initiatives. These recommendations are reproduced below: That upon final approval of the Residential section of the City s Comprehensive Zoning Bylaw including the referenced Boarding, Lodging and Rooming House amendments, the following action be undertaken:

39 Georgian College Neighbourhood Strategy Page 39 (g) (h) (i) (j) (k) (l) That By-law , the City s Licensing By-law, be amended to include definitions pertaining to Boarding/Lodging Houses and Rooming Houses to be consistent with the Zoning By-law and to require that all large boarding/lodging houses and all rooming houses (small and large) be licensed with annual reinspections. That increased by-law enforcement and inspections be undertaken around the Georgian College and other historically problematic areas, for parking violations and exterior yard maintenance violations, during the months of August, September, October and April. That the City Council Policy Manual be amended to reflect 2 b) above. That the Barrie Police Service be similarly requested to exercise a zero tolerance for noise and behaviour violations involving activities within residential zones located around the Georgian College area, subject to available resources. That staff undertake an appropriate public information program including preparation of an information story for the City Page in the Barrie Examiner to inform and educate the public on the City s implementation as it relates to Boarding/Lodging Houses and Rooming Houses. That the implementation, increased enforcement measures and licensing of boarding/lodging and rooming houses be monitored for one year and that staff in the Building Services and City Clerk s Office report back to General Committee with recommendations as required (including recommendations regarding increased staffing and the costs associated with the level of service provided by all affected departments). Recommendation (j) above regarding a zero tolerance policy for noise and behaviour violations involving activities within residential zones located around Georgian College is part of a multi-phase implementation program that Council has approved. Initial phases include amendments to Zoning By-law and Licensing By-law and a public information program regarding the regulatory changes. Following a one year monitoring program, staff will be reporting to Council with recommendations as required. In the interim Barrie Police Services continue with the recommendations regarding zero tolerance as per Council Resolution 05-G-109. Recommendation: That Barrie Police Services continue with the zero tolerance policy per Council Resolution 05-G-109 (Staff Report PLN004-05).

40 Georgian College Neighbourhood Strategy Page 40 COMMUNICATION AND INFORMATION SHARING One of the goals of the Georgian College Neighbourhood Plan is to develop methods to improve communication and information sharing among town and gown partners. Partners include residents, students, landlords, Georgian College and the City. This section of the report describes four actions/initiatives that are designed to achieve this goal. Action No. 1: Increase community awareness of City by-laws and enforcement activities. There are numerous laws that affect student housing in the City. These include laws related to criminal offences such as disturbing the peace, public mischief, alcohol or drug related matters, profanity, vandalism, theft and noise that are enforced by the police. In addition, there are Provincial and municipal laws which the City is responsible for enforcing. These include by-laws and regulations related to noise, parking, land use, property standards and fire prevention. Better communication would improve the community s understanding of the rules and regulations regarding all aspects of student housing. The information could be communicated to town and gown partners in a variety of ways but should also incorporate details of how the rules are enforced. Communication options include newsletters, website postings and good neighbour guides. Recommendation: That the City develop a communication program that provides town and gown partners Georgian College students, community residents and landlords with information about neighbourhood relations and community resources for students, landlords and residents. Action No. 2: Maintain a forum for formal communication amongst all stakeholders. In an effort to better organize and formalize efforts that were underway with respect to town and gown issues, Council established the Town and Gown Committee in June The Committee s mandate is to develop and enhance relationships, communications and policies between Georgian College, students, the City and the community. The primary objectives of the Town and Gown Committee are as follows: to facilitate communication among constituent groups; to identify issues and concerns related to campus/community interaction; to review policies and initiatives of other municipalities for possible application in the City of Barrie; to increase accountability of both students and landlords to the neighbouring community; to investigate various alternatives/policies to address quality of life concerns for residents surrounding Georgian College; and, to develop recommendations for General Committee consideration (through Corporate Services Committee) regarding enhancing town and gown relationships. The Town and Gown Committee is made up of one member of City Council, two representatives from Georgian College, one of which may be a student, and one representative from each of the following City departments: the Police Service; the City Clerk s Office Municipal Law Enforcement Section; the Building Services Department Zoning Branch; the Building Services Department Property Standards Branch; and, the Fire and Emergency Service. In January 2007, Council appointed one citizen member to the Committee.

41 Georgian College Neighbourhood Strategy Page 41 The inaugural meeting of the Town and Gown Committee was held on August 17, 2006 and subsequent meetings took place on September 21, 2006, October 12, 2006, October 26, 2006 and January 18, The terms of reference for the Committee call for meetings scheduled monthly or at the call of the Chair. The Town and Gown Committee is a municipal forum that brings town and gown partners together. This includes City staff, Georgian College representatives, residents and students. Since the City is a central point of contact for those involved in community issues, the Town and Gown Committee is well-suited to facilitating communication and information sharing amongst stakeholders. It is recommended that the Committee s role be maintained. Recommendation: That the Town and Gown Committee be used as the forum for formal communication amongst stakeholders involved in town and gown matters. Action No. 3: Share information and data amongst all stakeholders. Many of the town and gown partners maintain data bases associated with their activities and much of this information was used in the preparation of the Neighbourhood Strategy. The data includes statistics on the total number, nature and status of a wide range of complaints and violations. Staff acknowledge that certain privacy issues exist but propose that data be shared amongst stakeholders to the extent permitted by the legislation. Access to information regarding issues that involve numerous departments is important from a monitoring perspective. It is therefore recommended that a comprehensive municipal data base incorporating zoning, property standards, police, fire and MLEO statistics be established. Where possible, this information should also be made available to staff at Georgian College. The College s off-campus housing lists are an excellent source of data for monitoring student housing and this information can be correlated with the proposed licensing program for boarding/lodging and rooming houses. Recommendation: That the City create a database of information, statistics and resources regarding town and gown issues that is available to all partners. Action No. 4: Keep abreast of town and gown issues. The Town and Gown Association of Ontario (TGAO) was formed in 2005 and held its first Annual General Meeting with elections on May 12, 2006 in Brantford, Ontario. The TGAO is dedicated to improving the quality of life in those municipalities that host post secondary institutions by promoting and supporting activities that ensure cohesive communities that are safe, healthy and enjoyable. The Association has four mandates. They include the following: to collect and disseminate information such as education, research and best practices; to identify issues and develop solutions to problems of common interest; to work with all levels of government to effect change; and,

42 Georgian College Neighbourhood Strategy Page 42 to provide a template for organizational structure in town and gown communities which facilitates communication and action on local issues. The TGAO membership is comprised of more than 60 organizations. Members include universities and colleges, their host cities and towns, as well as student, neighbourhood, police and business organizations within and beyond Ontario. Both the City of Barrie and Georgian College are members of the TGAO. The benefits of membership in the TGAO are varied and include information sharing, access to resources such as best practices and networking with officials in other communities that have post secondary institutions. The Association provides the City with a voice for legislative change that will improve the ability of municipalities, universities and colleges to resolve town and gown issues. It is recommended that the City retain its membership in the Association. Recommendation: That the City maintain an annual membership in the Town and Gown Association of Ontario.

43 Georgian College Neighbourhood Strategy Page 43 SECTION 5 SUMMARY OF RECOMMENDATIONS

44 Georgian College Neighbourhood Strategy Page 44 Summary of Recommendations The Georgian College Neighbourhood Strategy includes a total of 11 action items and recommendations designed to implement the strategy. The action items and recommendations are grouped under the four general categories of land use, financial incentives, safety and enforcement and communication and information sharing. Land Use Action No. 1: Allow for residential development on lands that are currently designated and/or zoned for nonresidential uses. Recommendations: That the properties municipally known as 353 Duckworth Street, 268 Penetanguishene Road, 274 Penetanguishene Road, 280 Penetanguishene Road and 1 Cheltenham Road be considered as potential sites for the development of housing for Georgian College students. Action No. 2: Allow medium density residential development in areas that are currently zoned for low density residential use. Recommendations: That the properties municipally known as 254 Penetanguishene Road and Georgian Drive be considered as potential sites for the development of housing for Georgian College students. Action No. 3: Allow greater density on lands that are already zoned for medium density residential use. Recommendation: That the property municipally known as 363 Duckworth Street be considered as a potential site for the development of housing for Georgian College students. Financial Incentives Action No: 1 Provide financial incentives to encourage multiple units apartment developments suitable for student housing in areas near Georgian College. Recommendation: That a Community Improvement Plan be prepared for the study area which includes financial incentives in the form of a Tax Increment Based Grant and Application Fees, Permit Fees and Special Fees Grant.

45 Georgian College Neighbourhood Strategy Page 45 Safety and Enforcement Action No. 1: Amend the City s Zoning By-law and Licensing By-law regarding boarding, lodging and rooming houses. Recommendation: That Planning Services Department staff report to General Committee regarding proposed Zoning Amendments for boarding, lodging and rooming houses. Action No. 2: Allocate available resources during the months of April, August, September and October to monitor and enforce parking and exterior yard maintenance violations in residential areas near Georgian College that have been problematic in the past. Recommendation: That City staff allocate available resources during the months of April, August, September and October to monitor and enforce parking and exterior yard maintenance violations in residential areas near Georgian College that have been problematic in the past. Action No. 3: Continue with the zero tolerance policy for noise and behaviour violations in residential areas near Georgian College subject to available resources. Recommendation: That Barrie Police Services continue with the zero tolerance policy per Council Resolution 05-G- 109 (Staff Report PLN004-05). Communication and Information Sharing Action No. 1: Increase community awareness of City by-laws and enforcement activities. Recommendation: That the City develop a communication program that provides town and gown partners Georgian College students, community residents and landlords with information about neighbourhood relations and community resources for students, landlords and residents. Action No. 2: Maintain a forum for formal communication amongst all stakeholders. Recommendation: That the Town and Gown Committee be used as the forum for formal communication amongst stakeholders involved in town and gown matters.

46 Georgian College Neighbourhood Strategy Page 46 Action No. 3: Share information and data amongst all stakeholders. Recommendation: That the City create a database of information, statistics and resources regarding town and gown issues that is available to all partners. Action No. 4: Keep abreast of town and gown issues. Recommendation: That the City maintain an annual membership in the Town and Gown Association of Ontario.

47 APPENDIX 1 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN

48 Prepared by the Planning Services Department

49 Bill No: 249 BY-LAW NUMBER A By-law of The Corporation of the City of Barrie to adopt a Community Improvement Plan. WHEREAS Section 28(4) of Part IV of the Planning Act, R.S.O. 1990, c. P.13 ( the Planning Act ), empowers the council of a municipality in which a by-law designating a community improvement project area has been passed to adopt a community improvement plan; AND WHEREAS pursuant to By-law , The Corporation of the City of Barrie designated the land identified in Schedule A to the by-law as a community improvement project area to be known as The Georgian College Neighbourhood Community Improvement Project Area; AND WHEREAS the Council of The Corporation of the City of Barrie deems it expedient and in the interest of the municipality to adopt a community improvement plan for the land designated and known as The Georgian College Neighbourhood Community Improvement Project Area; AND WHEREAS the Council of The Corporation of the City of Barrie adopted Motion 07-G-591. NOW THEREFORE the Council of The Corporation of the City of Barrie enacts the following: 1. THAT the document attached hereto as Schedule A entitled The Georgian College Neighbourhood Community Improvement Plan is hereby adopted as a community improvement plan pursuant to Section 28(4) of the Planning Act. 2. THAT this by-law shall have effect immediately upon final passing. READ a first and second time this 12 th day of November, READ a third time and finally passed this 12 th day of November, THE CORPORATION OF THE CITY OF BARRIE MAYOR D. ASPDEN CITY CLERK DAWN A. MCALPINE

50 SCHEDULE A TO BY-LAW GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN

51 TABLE OF CONTENTS Part A Preamble Background Authority Section 28 of the Planning Act Basis Part B The Community Improvement Plan Purpose Community Improvement Project Area Objectives Financial Incentives General Eligibility Criteria Tax Increment Based Grant Application Fees, Permit Fees and Special Fees Grant General Rules Municipal Acquisition, Disposal, Investment, Holding or Clearance of Land Implementation Administration Financing of Incentives Monitoring and Amendments Interpretation Part C Appendices Schedule A Community Improvement Project Area Boundary 17 Appendix A Appendix B Public Meeting Minutes Staff Report and Council Resolution

52 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page 5 PART A PREAMBLE

53 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page 6 Preamble 1.0 Background The advantage of having a Community College with several university affiliations within the City of Barrie extends to cultural, economic and social benefits for the community as a whole. However, as with other communities with large student populations there are a number of challenges and issues that arise between the resident community and the student community. The residential areas in the immediate proximity to the college are particularly affected, as these areas tend to be most attractive for student housing. The City of Barrie has responded to the challenges by providing a forum for the stakeholders to openly communicate, seek solutions to problems, and to address the conflicting interests. As a result of a series of Town and Gown Committee meetings, the Georgian College Neighbourhood Strategy was initiated. The Georgian College Neighbourhood Strategy identifies four goals as follows: to identify opportunities for the development of medium and high density housing (for students) in areas near Georgian College; to encourage/facilitate the development of housing for students in areas near Georgian College; to ensure the safety of all forms of student housing and increase compliance with City by-laws and regulations; and, to develop methods to improve communication and information sharing among town and gown partners including residents, landlords, students, Georgian College and the City. Included in the actions recommended to achieve these goals is the following: Provide financial incentives to encourage multiple unit housing developments suitable for student accommodation in areas near Georgian College. This Community Improvement Plan proposes to provide financial incentives to encourage development of housing suited to students in proximity to the college. This may provide an alternative housing form to the predominantly single detached units which are presently available in the nearby area. The concentration of students at selected locations as opposed to dispersal in single detached houses has the advantage of establishing a critical mass of students with similar needs and lifestyle, which facilitates establishing transportation links and the creation of a neighbourhood identity. This Community Improvement Plan was presented to the public for consultation purposes. (additional wording to be added as appropriate following the consultation process.) This Community Improvement Plan entitled The Georgian College Neighbourhood Community Improvement Plan consists of financial incentives in the form of grants, and provides for direct municipal intervention through acquisition or disposition of lands. These measures are proposed to stimulate private sector participation in the provision of housing suited to students thereby revitalizing the areas surrounding Georgian College as designated in the Georgian College Neighbourhood Community Improvement Project Area.

54 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page Authority Section 28 of the Planning Act Normally, Section 106 of the Municipal Act, 2001 prohibits bonusing of manufacturing business or other industrial or commercial enterprise. However, an exception is made in Section 106 of the Municipal Act for municipalities exercising powers under Section 28(6) or (7) of the Planning Act. Section 28 of the Planning Act allows municipalities with provisions in their Official Plans relating to community improvement to designate by by-law a community improvement project area. Once this is done, a municipality may prepare a community improvement plan for the community improvement project area. It is the City of Barrie's intention, through adoption and approval of this CIP, to avail itself of said waiver by providing for funding opportunities available under the Municipal Act and the Planning Act. According to Section 28(1) of the Planning Act, a community improvement project area is defined as an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason. For the purposes of carrying out a CIP, a municipality may engage in the following activities within the community improvement project area: a) Acquire, hold, clear, grade or otherwise prepare land for community improvement (28(3)); b) Construct, repair, rehabilitate or improve buildings on land acquired or held by it in conformity with the community improvement plan (28(6)); c) Sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan (28(6)); and, d) Make grants or loans to the registered owners, assessed owners, and tenants of lands and buildings to pay for the whole or any part of the cost of rehabilitating such lands and buildings in conformity with the community improvement plan (28(7)). 3.0 Basis The Planning Act allows Council to adopt a by-law to designate all or part of an area identified in the Official Plan as a Community Improvement Project Area. An approved Community Improvement Plan gives the municipality the authority to implement a grant and offer other incentives notwithstanding certain statutory limitations in the Municipal Act. Section 3.6 Community Improvement Planning of the Official Plan as amended by OPA 100 states under Policy Location: Any area within the City which requires attention in terms of Community Improvement may be designated as Community Improvement Project Areas in accordance with Section 28 of the Ontario Planning Act.

55 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page 8 PART B THE COMMUNITY IMPROVEMENT PLAN

56 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page 9 The Community Improvement Plan 1.0 Purpose The purpose of the Georgian College Neighbourhood Community Improvement Plan is to stimulate investment in intensified residential development within the Georgian College Neighbourhood Community Improvement Project Area and to encourage the provision of quality housing suitable for a growing student population by providing incentives for the redevelopment, rehabilitation, or improvement of existing properties which merit improvement or are underutilized. 2.0 The Community Improvement Project Area The Georgian College Neighbourhood Community Improvement Project Area includes an area which is generally within 20 minutes walking distance (1000m) of Georgian College and is bounded by: St. Vincent Street to the west, Cundles Road East and Duckworth Street to the northwest, Little Lake Drive, Highway 400 and the City Limits north of Georgian Drive to the north, Penetanguishene Road to the east, and Steel Street and Wellington Street to the south. The Georgian College Neighbourhood Community Improvement Project Area is shown on Schedule A of this Community Improvement Plan. This Plan is founded on the issues and recommendations identified in the Georgian College Neighbourhood Strategy which constitutes the guiding framework for decision making and future development of the area over the next 20 years. The majority of the study area is within a reasonable walking distance of Georgian College and several potential development sites within 10, 15 and 20 minute walk from the campus have been identified in the Georgian College Neighbourhood Strategy. The following objectives for the Community Improvement Plan have been derived from the Georgian College Neighbourhood Strategy: 3.0 Objectives The objectives of the plan are as follows: 1. To promote residential intensification within the Community Improvement Project Area. 2. To stimulate investment in projects that provide quality medium and high density rental accommodation suited to students through the development or redevelopment of appropriates sites in proximity to the College. 4.0 Financial Incentives In order to implement these objectives, the City will provide the incentives in the form of a tax increment based grant and application fees grant to encourage improvement or redevelopment of eligible lands and buildings in the Georgian College Neighborhood Community Improvement Project Area.

57 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page General Eligibility Criteria 1. The property must be within the Georgian College Neighbourhood Community Improvement Project Area as identified on Schedule A to this Community Improvement Plan. 2. All applications for assistance shall demonstrate through an approved building permit that the project is designed with a majority of units consisting of a minimum of four individual bedrooms sharing a common living room and kitchen area. Refer to Concept Plan Figure 1 below, which is provided as an example. Figure 1 Concept Plan 3. Any owner of a property within the Georgian College Neighbourhood Community Improvement Project Area may apply for assistance. 4. Tenants or an owner of a residential condominium unit or condominium development shall not be eligible for any of the grants available under this Community Improvement Plan. 5. Improvements shall be made to buildings or land in accordance with the purpose and the objectives of this Community Improvement Plan, the Official Plan, the Zoning By-Law and other municipal By-laws in effect. 6. Expansion, enlargement or improvements of existing legal non-conforming uses shall not be eligible. However, where improvements are proposed to bring uses into closer conformity with the intent of the Official Plan and Zoning By-Law or Building Code, such improvements may be considered for a grant under this CIP. 7. The property under consideration shall not be in a position of property tax arrears or shall have a payment schedule acceptable to the City Treasurer at the time of application. 8. The total of the grants and loans made in respect of particular lands and buildings shall not exceed the eligible cost of the Community Improvement Plan with respect to those lands and buildings.

58 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page Tax Increment Based Grant Intent To provide financial assistance to property owners in the Georgian College Neighbourhood Community Improvement Project Area for the rehabilitation of under utilized land and buildings and which results in increased assessment and the provision of additional multi-unit residential 1 rental housing. This may include the rehabilitation of vacant lots, under utilized or derelict buildings. The program will provide a grant for a portion of the taxes resulting from increased assessment for development or redevelopment initiatives that further the objectives of this plan Specific Eligibility Requirements 1. Any owner of an eligible property within the boundaries of the Georgian College Neighbourhood Community Improvement Project Area. 2. The building shall be rehabilitated or the property shall be redeveloped to an extent that such investment will result in an increased assessment of the property of at least $100,000 and includes some multi unit residential rental accommodation. 3. The project shall be designed with a majority of units consisting of a minimum of four individual bedrooms sharing a common living room and kitchen area. Refer to Concept Plan Figure 1 on page This shall apply to residential development in the multi residential property class Program Details 1. Where the City has approved an application under this incentive, assistance will be in the form of an annual grant for a period of five years starting the year that the increase assessment is billed and paid. 2. The tax increment shall be calculated as the difference between: a) the annualized municipal taxes resulting from the increased assessment from project completion, as provided by Municipal Property Assessment Corporation, adjusted if applicable by subsequent assessment appeal decisions, and b) the annualized municipal taxes based on assessment the day before the effective date of the assessment increase in (a). 3. The annual Grant will be equal to a percentage of the taxes paid for the City s portion on the property taxes, in decreasing percentages of the tax increment as follows: Year % of Tax Increment 1 100% (Pro-rated) 2 100% 3 75% 4 50% 5 25% 4. The grant for Year 1 will be pro-rated based on the effective date for the increased assessment. 5. This grant does not exempt property owners from increases or decreases in municipal tax rate changes relating to provincial capping legislation or from changes in assessment for any other reason. Note: 1. The multi-unit residential property class is defined as property used for rental residential purposes that consist of seven or more self contained units.

59 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page The starting point for taxes levied on cleared or partially cleared parcels which are cleared after the date of approval of this Community Improvement Plan shall be based on the municipal taxes levied the day before clearance. 4.3 Application Fees, Permit Fees and Special Fees Grant Intent To encourage investment of both commercial and residential projects within the Georgian College Neighbourhood Community Improvement Project Area by providing a grant equal to all or part of the municipal fees Specific Eligibility Requirements 1. The grant shall apply to fees for planning applications, building permits, for new or upgraded residential developments. 2. This incentive does not apply to any required performance securities such as letters of credit posted by the proponent. 3. The project shall be designed with a majority of units consisting of a minimum of four individual bedrooms sharing a common living room and kitchen area. Refer to Concept Plan Figure 1 on page Program Details 1. Planning Application Fees: Assistance will be provided in the form of a grant for 100% of applications fees for all City approved applications made under the Planning Act, including Official Plan Amendments and Zoning By-Law Amendments, Site Plans, Plans of Condominium and Committee of Adjustment applications. 2. Parkland Dedication: Assistance will be provided in the form of a grant of up to 100% of the cash-in-lieu of parkland dedication requirements for residential development in the multi-residential property class, within the Georgian College Neighbourhood Community Improvement Project Area. This grant shall also apply to commercial and institutional components of mixed use developments consisting predominantly of residential development in the multi residential property class. The Industrial property class shall not be eligible. 3. Building Permit: Assistance will be provided in the form of a grant which amounts to 25% for the first $25, of a building permit fee and 50% for any amount above $25, applicable to the same building for all approved building permits within the Georgian College Neighbourhood Community Improvement Project Area. Condominium developments will not be eligible for this grant. 4. In all cases, payment of planning application fees, building permit fees or special permit fees will be required by the City at the time of application for the respective planning approval or permit. Payment of grant(s) will be made upon final inspection of the completed project and final inspection by City staff, and when at least 50% occupancy is established.

60 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page General Rules 1. The provision of any grant as described in Part B, Section 4 of this Community Improvement Plan shall be administered on merit based on evaluation criteria established by the City of Barrie in accordance with the purpose, objectives and rules of the Georgian College Neighbourhood Community Improvement Plan to the limit of funding available. 2. Improvements carried out prior to final approval of the Georgian College Neighbourhood Community Improvement Plan will not be eligible for funding. 3. Incentives will be available to a property owner or assignees with written consent of a property owner in the Georgian College Neighbourhood Community Improvement Project Area upon satisfactory completion of the projects. 4. Payment of funds for an approved grant under the application fee grant program shall not be made if the property is in tax arrears at the time of advancement of funds. If a property is in tax arrears, any payments may be applied to clear the arrears and any excess funds will be paid to the owner. Funds shall not be advanced for the approved grants under the Tax Increment Based program if a property is in tax arrears at the time of advancement of funds for any given year through the duration of the program. Funds cannot be applied to clear the arrears in the case of the Tax Increment Based grant program. 5. Assistance granted under any financial incentive program for a particular project or development is not transferable to any other property. 6. If ownership changes prior to the completion of the Tax Increment Based grant commitment, the City may at its sole discretion continue advancement of funds to the new owner. The original owner shall however not benefit from amounts advanced under the Tax Increment Based after an ownership change has occurred. 7. More than one eligible proponent may make application for a group of abutting or consolidated properties in order to encourage comprehensive rehabilitation of lands or buildings on properties. 8. Eligible properties and buildings shall have no outstanding charges, legal claim, lien or tax arrears that may affect title to the land. 9. More than one grant may apply to lands and buildings, however the total amount of the grants that is provided in respect of lands and buildings shall not exceed the eligible cost of the community improvements made with respect to those lands and buildings. 10. All applicants for financial assistance will be required to complete an application form outlining the location of the property, the type and nature of the improvements or development to be undertaken, the anticipated completion date, the estimated value of the project and the financial incentives for which application is being made. The City will review all applications within the context of furthering the objectives of the Georgian College Neighbourhood Strategy. 11. Terms and conditions of the grants, including administrative procedures, are to be detailed in the Application form for the grants. These may be changed, altered, amended or modified by the City of Barrie provided they are in accordance with this CIP.

61 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page Municipal Acquisition, Disposal, Investment, Holding or Clearance of Land 1. The primary purpose of the Georgian College Neighbourhood Community Improvement Plan is to create affordable high quality housing in an attractive student lifestyle neighbourhood. 2. In some instances direct action on the part of the municipality may be appropriate to realize the objectives as outlined in Part B Section 3.0 of this plan. 3. Council may undertake any or a combination of the following as set out in Section 28(3) of the Planning Act: a) Acquire land within the Georgian College Neighbourhood Community Improvement Project Area without the approval of the Minister, after the Community Improvement Plan is approved; b) Hold land acquired within the Georgian College Neighbourhood Community Improvement Project area; and c) Clear, grade, or otherwise prepare the land for community improvement. 4. Council may also undertake any or a combination of the following as set out under Section 28(6) of the Planning Act: a) Construct, repair, rehabilitate or improve buildings on land acquired or held by the municipality in the Georgian College Neighbourhood Community Improvement Project Area in conformity with the Community Improvement Plan and sell, lease or otherwise dispose of any such buildings and land appurtenant thereto. b) Sell, lease or otherwise dispose of any land acquired or held by the municipality in the Community Improvement Project Area for a use in conformity with the Community Improvement Plan. 5. The City may prioritize lands or areas for undertakings as described in Section 6(3) and 6(4) of this Community Improvement Plan. 6. As part of exercising the powers granted under Section 28 of the Planning Act, the City shall prepare a report available for the public which will outline the following: Identification and description of the strategies to be employed. The purpose and objective of the undertaking. The role of the municipality and other parties in the undertaking. The financial implications for the municipality. The potential timing of the undertaking. 7.0 Implementation 1. The Georgian College Neighbourhood Community Improvement Plan will be implemented through the provisions of Section 3.6 of the Official Plan and Section 28 of the Planning Act, 1990, R.S.O. 2. Overall implementation of the grants shall be subject to Council review and approval of the details and budgetary allocation. 3. Approval of grants is delegated to City staff except where the total amount of the grants is anticipated to exceed $100,000, in which case Council shall consider the grant application. 4. Where an application is refused by staff under delegated approval of this Community Improvement Plan, this decision may be referred to the Development Services Committee for review and recommendation to Council and the decision of Council with respect to a grant applications made under this Community Improvement Plan is final.

62 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page The grants outlined in Part B of the Community Improvement Financial Incentives, Section 4, may be available immediately upon approval of this Plan, subject to the requirements of each program. Retroactivity of the incentives prior to approval of this CIP shall not apply. 8.0 Administration The Georgian College Neighbourhood Community Improvement Plan and the Financial Incentives shall be administered by the City of Barrie Development Services and Finance Departments. 9.0 Financing of Incentives 1. Council may approve an annual budget for grants. 2. The grants described in Part B Section 4 are to be funded by the City of Barrie or in conjunction with such other County, Federal or Provincial programs which may be available Monitoring and Amendments 1. Records of all grants and incentives awarded shall be maintained and the following shall be documented: a) Value of grants. b) Number of additional rental residential units added. 2. Annual reviews and tracking of grants and activities relating to the Georgian College Neighbourhood Community Improvement Plan shall be submitted to Council. 3. As a result of this review, terms, conditions and details of any grants may be changed, altered, amended or modified by the City of Barrie provided that where changes, alterations, amendments or modifications require an amendment to the Community Improvement Plan such amendments may be subject to consultation with the Minister of Municipal Affairs and Housing. 4. The addition of a grant shall require an amendment to this Community Improvement Plan; however, the City of Barrie may discontinue any program without requiring an amendment to this Plan Interpretation Part B Sections 3 to 11 inclusive and Schedule A attached, constitute the Community Improvement Plan for the Georgian College Neighbourhood Community Improvement Project Area.

63 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page 16 SCHEDULE A COMMUNITY IMPROVEMENT PROJECT AREA BOUNDARY

64 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page 17 SCHEDULE A

65 GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN Page 18 PART C APPENDICES

66 APPENDIX A MINUTES FROM PUBLIC MEETING AUGUST 27, G-455 PROPOSED COMMUNITY IMPROVEMENT PROJECT AREA AND PLAN - GEORGIAN COLLEGE NEIGHBOURHOOD STRATEGY (August 27, 2007) (File: D18-GNS) K. Brislin, Planner, City of Barrie advised that the purpose of the public meeting is to review a Proposed Community Improvement Project Area and Plan within the Georgian College Neighbourhood Community Improvement Project Area. K. Brislin stated that the proposed Georgian College Neighbourhood Community Improvement Plan includes proposed financial incentives in the form of grants and includes provisions for the municipality to take direct action with respect to municipal acquisition, leasing or selling of property to stimulate and facilitate Community Improvement within the area in accordance with the objectives of the Georgian College Neighbourhood Strategy. The proposed financial incentives include: A Tax Increment Based Grant Application Fee Grants - which includes grants for a percentage of building permit fees, planning application fees and cash in lieu of parkland dedication fees K. Brislin commented that the primary objective of the Community Improvement Plan is to stimulate private sector investment in redevelopment projects that will provide medium and high density rental accommodations suitable for students at appropriate locations. K. Brislin concluded by advising that the incentives proposed include obtaining the authority to offer assistance through granting of bonuses to eligible properties, buildings or enterprises that would otherwise not be possible under Section 106(1) and (2) of the Municipal Act (File: P00) COMMENTS: 1. Scott Harradine, 25 Jeffrey Street advised that he felt that there had been insufficient communication to the residents regarding the public meeting. He also questioned whether there was any opportunity to appeal the development in the future. S. Harradine requested assurances that all residents requesting further notification would be notified appropriately. 2. Barry Browning, 98 College Crescent commented that he attended a meeting at Grace United Church where the proposed floor plan for the student buildings was displayed. He expressed concern regarding residential congestion if each bedroom could hold 2 people. 3. Logan Saunders, 3 Clarence Court noted that only 11 proposed sites in the Improvement Project Area and Plan had been identified. He inquired whether it was possible for a developer to purchase several residential lots and construct one of these buildings. 4. Colin Leonard, 16 Hickling Trail requested clarification on whether it was the goal to convert existing residential homes to permit student housing. He remarked that his concern is with the number of people residing in one bedroom and/or building. C. Leonard stated that the plan is a step in the right direction and thanked City staff for the work that is being done. 5. Kathy Koritko, 36 Jones Drive asked if a developer had come forward with interest in any of the 11 proposed sites. She questioned how long the development process would take and how much notification would be given to the surrounding residents if they wanted to oppose the construction.

67 6. Bob Warren, 4 Porter Crescent commented that he lives in a single family neighbourhood. He requested confirmation that a process is in place for an individual to rezone their land. B. Warren inquired whether the developer or the City would be responsible for infrastructure costs for these developments. 7. Sandy Wilcox, 350 Georgian Drive stated that she wants to reserve the right to speak again on this matter. She advised that her property borders Springwater Township and that her neighbours have been approached by a developer. S. Wilcox requested information regarding notification processes associated with proposed developments in Springwater. 8. Barry Marley, 148 Cheltenham Road advised that he has a concern with security procedures for these buildings. He noted that there is currently a high rate of theft on his street. He commented that he believes it may be better to disburse grants to Georgian College for additional buildings on their property as they have existing security in place. 9. Patricia Denstedt, 36 Hickling Trail noted that there have been 820 new property standards complaints and 15% of those are in the Georgian College study area. She asked whether there would be extra policing, fire and ambulance services provided to handle emergency situations. 10. Jim McLeod, 17 Fletcher Drive noted that the incentives were for builders and questioned whether there were any incentives for homeowners for lost property value. He commented that the home prices in the east end area of the City have dropped by 3.5 to 9%. J. McLeod requested that any future public meeting notification be sent to all residents within the study area. WRITTEN SUBMISSIONS: 1. Letter from Karen Wallace, Municipal Advisor of the Ministry of Municipal Affairs and Housing dated July 30, from Peter Dorton, Project Manager, MTO Central Region, Corridor Management Section dated August 14, Letter from Josh Maitland dated July 30, Letter from Rebecca Stubbs dated July 28, Letter from Lesley O May dated July 30, Letter from Jack Brown dated August 20, Letter from Joseph and Cheryl Morrison dated August 25, 2007.

68 STAFF REPORT PLN OCTOBER 29, 2007 Page: 21 File: D18-GCNS & D18-GEO Pending #: P81/07 TO: SUBJECT: PREPARED BY AND KEY CONTACT: SUBMITTED BY: COMMISSIONER APPROVAL: CHIEF ADMINISTRATIVE OFFICER APPROVAL: GENERAL COMMITTEE REPORT BACK ON PUBLIC CONSULTATION: GEORGIAN COLLEGE NEIGHBOURHOOD STRATEGY AND GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN K. BRISLIN POLICY PLANNER, EXT. #4440 J. TAYLOR, DIRECTOR OF PLANNING SERVICES G. CALVERT, COMMISSIONER OF DEVELOPMENT SERVICES JON M. BABULIC, CHIEF ADMINISTRATIVE OFFICER RECOMMENDED MOTION 1. That the Georgian College Neighbourhood Strategy as approved in principle, be amended by removing all references to the Grace United Church, (site number 3) and that the final document as amended be circulated to Council when completed. 2. That the Georgian College Neighbourhood Community Improvement Plan, as amended and included as Appendix A to this staff report be adopted. PURPOSE & BACKGROUND 3. On May 28, 2007, City Council adopted motion 07-G-276 regarding the GCNS as follows: That the report titled Georgian College Neighbourhood Strategy prepared by the Planning Services Department, dated May 2007, be adopted in principle and that the Development Services Committee be authorized to: a) hold two community public open houses with appropriate staff from Planning Services, Zoning, Property Standards, Municipal Law Enforcement, Barrie Police and Barrie Fire Services to present the recommendations of this report to the public; and b) meet with the owners of the properties identified as potential development sites; and report back to General Committee. 4. The Strategy recommends the preparation of a Community Improvement Plan (CIP) in order to implement the financial incentives to encourage development of suitable medium and high density housing near the College. 5. A Public meeting was held on August 27 th, 2007 to present the proposed CIP. 6. The Purpose of this Report is to report back on the public consultation of the Strategy and CIP and to recommend approval of the Strategy, and recommend adoption of the Georgian College Neighbourhood CIP. ANALYSIS Location 7. The Study area for the Strategy was based on an area within reasonable walking distance of the College. The CIP area corresponds with the study and is shown on the map below:

69 STAFF REPORT PLN OCTOBER 29, 2007 Page: 22 File: D18-GCNS & D18-GEO Pending #: P81/07 8. The Strategy is founded on 4 basic goals as follows: to ensure the safety of all forms of student housing and increase compliance with the City By-laws and regulations; to develop methods to improve communication and information sharing among Town and Gown partners including residents, landlords, students, Georgian College and the City; to identify opportunities for development of medium and high density housing for students in areas near Georgian College; and to facilitate the provision of student housing facilities throughout the Georgian College Neighbourhood. 9. In terms of safety and enforcement, the Strategy recommended the following actions: amending the City s Zoning By-law regarding Boarding, Lodging and Rooming Houses, monitoring and enforcing parking and exterior yard maintenance violations in residential areas near Georgian College particularly during the months of April, August, September and October; and continuing the zero tolerance policy for noise and behaviour violations near the College and other problem areas. 10. A report was submitted to General Committee on October 1, 2007 regarding zoning changes for the Boarding, Lodging and Rooming Houses in addition to addressing increased monitoring and enforcement in the area near the College. This report has been referred back to staff for further information. 11. Actions proposed with respect to Information Sharing are: Increase community awareness of City By-laws and enforcement activities. Maintain a forum for formal communication among stakeholders. Keep abreast with Town and Gown issues.

70 STAFF REPORT PLN OCTOBER 29, 2007 Page: 23 File: D18-GCNS & D18-GEO Pending #: P81/ Regular meetings of the Town and Gown Committee are ongoing and further communication pamphlets and information on the City website are to be developed in conjunction with the College. 13. In addressing the goal to identify opportunities for development of medium and high density housing in areas near the College, 11 sites were identified as feasible for potential development or redevelopment. 14. In addition, to facilitate the provision of medium and high density student housing near the College, financial incentives are proposed to encourage private sector development of medium density student housing. The CIP implements the financial incentives and outlines the details of grants proposed. 15. The proposed GCN CIP includes proposed financial incentives in the form of grants and includes provisions for the municipality to take direct action with respect to acquisition or disposal of property in order to stimulate private sector investment in accordance with the objectives of the Strategy. 16. The proposed financial incentives include: A Tax Increment Based Grant. Application Fee Grants - which includes grants for a percentage of building permit fees, planning application fees and cash in lieu of parkland dedication fees. In addition, the CIP includes provisions for municipal acquisition, sale, disposition or leasing of municipal lands where direct municipal intervention is appropriate. 17. The primary objective of the CIP is to stimulate private sector investment in redevelopment projects that will provide quality medium and high density rental accommodations suitable for students at appropriate locations. 18. The CIP provides the City with the authority to offer assistance through granting of bonuses to eligible properties, buildings or enterprises that would otherwise not be possible under Section 106(1) and (2) of the Municipal Act LANDOWNER MEETING WITH DEVELOPMENT SERVICES COMMITTEE 19. Owners of the 11 sites and the President of Georgian College were invited to attend the Development Services Committee meeting of June 12, Staff presented an overview and key elements of the strategy were provided for members of the Committee and property owners in attendance. 20. The strategy is intended to proactively address concerns in the north east end of the City for student housing and its impact on the existing residential areas. It outlines 11 properties that would be ideal for intensification and would offer various financial incentives for property owners willing to develop the type of housing specified in the strategy. 21. Several questions of clarification related to the timing, expectations and process for the development of the sites, and the incentives were raised. 22. The owners were provided with an opportunity to network with each other after the meeting and contact information was exchanged with a developer and some landowners in attendance at the meeting. PUBLIC OPEN HOUSE 23. The Public Open House was held on August 20 th between 4 and 7 pm at the Grace United Church which is in the neighbourhood. The meeting was well attended with 46 people signing the attendance form and 13 filling out the comment sheets that were available. The majority in attendance live within the Georgian College area. Representatives from the College were in attendance and a representative on behalf of a developer was also in attendance. 24. Based on the comment sheet and feedback received by Planning Staff, the Strategy was generally well received as a long term approach but it was noted that there was some urgency and need to address the immediate problems. Staff obtained first hand accounts of the residents experiences and concerns, including rowdiness, overcrowding,

71 STAFF REPORT PLN OCTOBER 29, 2007 Page: 24 File: D18-GCNS & D18-GEO Pending #: P81/07 lack of respect for families, property standards issues, and parking problems. Many expressed the view that owner occupied units were not the problem and identified rental properties with absentee landlords as the primary offender. 25. Suggestions from the public included creating an east end hotline, giving students bus passes so that they may locate in other neighbourhoods and increasing policing to address an increased student population. Although it was recognized that police patrols had improved over the past year. 26. With respect to the 11 potential student accommodation sites, concerns were expressed with the Grace United Church, (site no. 3) being identified as a potential development site and candidate site for intensification. 27. Two respondents identified sites 10, 3, 2, 1 and 11 as preferred sites for intensification. This essentially excludes the group of sites on Penetanguishene Road. 28. The overall message from the open house was that there is some urgency in dealing with property standards, zoning and enforcement issues. Staff, in turn were provided the opportunity to explain that the problems are not unique to Barrie and that many of the recommendations are not expected to fully solve the problem but may contribute towards decreasing or mitigating the problems experienced. 29. The suggestion that students be provided free bus passes warrants further investigation, and may be addressed as a component of the Development Services Committee Recommendation number 04-DSC-081 item 6 which states: That the City of Barrie, the Royal Victoria Hospital and Georgian College work together as partners on a study to analyse transportation needs for this major institutional centre and make recommendations regarding possible transit improvements required to increase rider-ship by the College and RVH staff, students and visitors (especially those living in Barrie) and or to improve other parallel transportation systems such as taxis, car pooling etc. 30. In considering this recommendation, approaches taken in other Town and Gown communities to encourage student rider-ship and use of public transportation should be reviewed. For example, inclusion of a City wide bus pass as part of the student fees should be reviewed. PUBLIC MEETING GEORGIAN COLLEGE NEIGHBOURHOOD CIP 31. A Public meeting was held on August 27, 2007 (minutes attached as Appendix 1) to present the proposed CIP. A total of 10 people made comments or raised questions at the public meeting, and written comments in the form of e- mails or letters were received from 9 people. 32. The majority of comments related to the Strategy, as opposed to concerns with the CIP. These include ongoing problems in the area and concerns with proposed changes for boarding, lodging and rooming houses. 33. The review of the comments in this staff report will firstly focus on the written or oral comments related to the CIP, which was the subject of the public meeting, followed by a review of other comments related to the Strategy. Georgian College Neighbourhood Community Improvement Plan Notification and Communication Issues: 34. Several comments and concerns were expressed with respect to insufficient communication, and wording of the public meeting notice, requesting assurances that individuals would have the opportunity to comment and that their rights to appeal were protected. Other communication enquiries related to future contact with respect to the development of the 11 sites or other potential sites developed. It was also suggested that every landowner within the area should be contacted. 35. The Planning Act outlines minimum public consultation requirements and stipulates wording required in the notice. The public consultation process followed for the Strategy and CIP have gone beyond the minimum requirements of the Planning Act,

72 STAFF REPORT PLN OCTOBER 29, 2007 Page: 25 File: D18-GCNS & D18-GEO Pending #: P81/ The suggestion that each property owner in the area be contacted is not practical and is not advisable given the number of properties involved. The notification and information available through local newspapers and the internet is appropriate given the size of the area and number of properties involved. 37. All those who attended the public meeting and made comments or requested they be contacted through the notification lists provided, will be notified per the City s standard practice. 38. There will be further public notification and consultation required under the Planning Act for future developments that require an Official Plan Amendment or Zoning By-law Amendment. Financial Incentives 39. Comments regarding financial incentives included a suggestion that homeowners be provided incentives to compensate them for loss of value and that the College should be provided incentives to put student housing on campus. In addition, it was suggested that instead of budgeting the money for incentives the funds should be used for increased policing and emergency services for this area. 40. Compensation or incentives to individual detached homes is not appropriate, since owner occupancy and future tenure cannot be controlled. Providing assistance for detached homes may encourage further speculation or investment in homes for purposes of rental or student housing. 41. The College as a landowner within the area would be able to apply for the incentives for proposals that meet the objectives of the CIP. 42. Other components of the Strategy and the proposed amendments to the Zoning By-law regarding Boarding, Lodging and Rooming Houses address the matter of increased policing and enforcement. It is anticipated that facilitating the accommodation of students in managed complexes will alleviate the pressure for students to occupy low density detached homes. 43. It is noted that one person spoke in support of the CIP and thanked the City for the work done to date. 44. While no one specifically objected to the CIP or the programs, general resistance was communicated, and concern was expressed that students who were perceived as the cause of the problem, were being favoured at the expense of the existing residents who were portrayed as the victims. 45. The primary purpose of the CIP is to assist existing residents and ratepayers in the area. By facilitating the development of an alternative form of housing suited to students, it is hoped that the housing needs of students will be met in a form of development other than the single detached and low density homes that are presently being used for student accommodation. Without the CIP and pro-active measures of the Strategy in place, students have and will continue to be attracted to the existing accommodations in close proximity to the College. Staff s expectation is that by encouraging the creation of quality student accommodation in privately managed apartment units in concentrated areas at appropriate locations, the students may see this as an alternative to the residential neighbourhoods they are currently occupying. It is important to note that the form of development contemplated on the 11 sites may be considered/applied for without the need for a CIP or the Strategy. The incentives may simply facilitate and ensure that at least some of this housing will be used to alleviate the current student housing issue. 46. The alternative to the proposed Strategy and associated CIP is to maintain the status quo and simply increase enforcement efforts as was suggested by some of the ratepayers at the public meeting. Staff do not recommend that option as enforcement measures in the area are already substantially higher than any other part of the City and they have only been partially successful. It is difficult if not impossible to use enforcement as a deterrent for a transient population because individuals charged under current by-laws will simply be replaced by new students in the next year. If increased enforcement measures were all that was needed, other jurisdictions where the student housing problems are far worse would have implemented them by now. 47. The CIP will be funded from the general tax base to benefit the concerns of those most affected by student housing in this area of the City. Should Council choose not to approve the CIP, there will be no need to budget for the incentives from the general tax base, however, the problems will continue in the area. As the College grows, so too

73 STAFF REPORT PLN OCTOBER 29, 2007 Page: 26 File: D18-GCNS & D18-GEO Pending #: P81/07 will the demand for student accommodation increase, particularly in the immediate vicinity of the College. If alternatives are not encouraged, problems associated with absentee landlords may increase, and hence this proactive approach. 48. The College is an important institution in the City of Barrie and the social, cultural and economic benefits of the College impact the entire City. Enrolment at the College is anticipated to increase and the programs offered at the College continue to grow. However, the College is not responsible for the actions of students attending it any more than the YMCA is responsible for the behaviour of one of its members when not at the facility or the City is responsible for the behaviour of its employees outside normal working hours. It is recognized that enforcement measures alone will not address this issue nor will changes to the Boarding, Lodging and Rooming Houses definitions and standards in the By-law alone be successful. Staff are of the opinion that these measures coupled with the housing development proposal encouraged by the CIP will help but there is no single, simple solution to this problem. Ministry and Agency Comments 49. In response to pre-consultation with the Ministry of Municipal Affairs and Housing (MMAH), a letter was received from Karren Wallace, Municipal Advisor of the MMAH dated July 30, The letter states that what the City of Barrie is proposing appears to be very innovative, and requested the City s permission to release it to other jurisdictions facing similar problems. Some suggestions/recommended changes were also provided. 51. Staff have made additional changes based on Ministry comments and suggestions which as outlined in summary form in Appendix B to this report. Public Comments at the CIP Meeting Related to the GCNS 52. It was suggested that increased policing and emergency services will be needed as the student population grows. A key component of the Strategy relates to increased safety enforcement in the area. It is noted that on the comment sheets at the open house one respondent noted that patrolling and increased presence and enforcement had improved over the past year. 53. The merits of the concept showing the configuration of the student rooms was raised in relation to overcrowding and safety. Staff noted that this is an example based on the format of some of the units in the Georgian Green development which is specifically geared to student housing. This form occurs within a privately managed complex which ensures tenants comply with the terms of the lease. 54. Given that public funds are being used to facilitate what will largely be private sector development, assurances need to be built into the program that these funds will be used for the public good intended by the CIP, namely the provision of student housing. Staff needed to develop criteria to ensure that once funds were awarded to private interests, the units developed would be used for student housing both in the immediate and distant future. The most reasonable and cost effective way of providing this assurance was to establish criteria which would require the units to be designed in such a way as to make them unattractive to any market other than a student market. 55. Questions were raised as to whether a developer had come forward with respect to any sites in the area. A developer is in the process of preparing applications on lands at Penetanguishene and Cheltenham Road, and has expressed an interest the financial incentives. In addition, contact information has been exchanged with a developer and owners on the Georgian Drive area. 56. The future plans and notification process for lands north of the City boundary in the Township of Springwater were raised. Staff advised that City would be notified and Springwater would be required to contact affected owners within 120m of any development proposal requiring an Official Plan amendment or rezoning. This area is outside of the City, the study area and the CIP and would not be subject to any part of City policy.

74 STAFF REPORT PLN OCTOBER 29, 2007 Page: 27 File: D18-GCNS & D18-GEO Pending #: P81/ One suggestion was made to develop a self contained student village on the proposed Home Depot site. There is an approved proposal for this site and it would be up to the owners to initiate a new application. It is noted however that this site (Site 11) has been identified as offering some potential for student accommodation. 58. Concerns were expressed with respect to existing parking problems and the potential for increasing the problem with additional high density student housing being proposed. In particular, if street townhouses are contemplated under the incentives, this would create parking problems on the street. The type of development contemplated under the incentives are walk-ups, and higher density units or clusters of townhouses, where on-site parking will have to satisfy the City s Zoning By-law and be addressed in a site plan. The study area and sites have been selected based on proximity to and are within walking distances of the College. 59. It was suggested that the City should encourage students to disperse and locate elsewhere in the City. The primary desired location for students will inevitably be near the College. Other incentives to encourage residential intensification in the Downtown and Allandale may attract students as desirable locations however there is no way to assess this potential. If transit rider ship passes are made more accessible to students, then this may reduce some pressure to locate in the immediate vicinity of the College. Intensification Sites 60. There was considerable feedback and questions on the 11 potential student accommodation sites identified in the Strategy. Clarification was requested with respect to the potential development of sites other than the 11 sites. In addition, questions were raised with respect to process and timing of development of these sites. 61. Given that this is a built up area and established residential neighbourhood, the 11 properties were simply identified to exemplify that there is potential for intensification, showing that one of the four objectives is feasible. There is no obligation or requirement to develop any of these sites, nor is the list limited to these sites. Some or all of the sites may never change while others may. Any of the subject sites and other potential sites if proposed for development would be subject to the required applications under the Planning Act. They would be reviewed in terms of the Official Plan, Provincial Policy, local fit, impact and overall planning merits, and public consultation will be required. 62. The potential exists to apply for intensification of any of these sites and other sites, regardless of the Strategy and CIP. The sites are not required to accommodate students, and may over time be developed for other forms higher density residential use, including the provision of seniors housing such as exists at Cook and Grove Streets across the road from the Grace United Church site. 63. Considerable comment and opposition was specifically expressed with respect to site No. 3, the Grace United Church site. 64. Correspondence was received from Mr. Jack Brown, on behalf of the Grace United Church expressing concern that the Grace United Church site has been identified as a potential site for student accommodation and lack of notification to the Grace United Church. Staff have responded by separate letter to Mr. Brown explaining that notification was provided, however the contact information for the Trustee of the Grace United Church was not up to date, and that the mail was redirected to the Secretary of the church. 65. Staff have since received a copy of correspondence to the Mayor and Council dated September 24, 2007 from the Official Board of the Grace United Church. The letter advises the identification of the Grace United Church site as being underutilized has had a negative impact on the congregation causing much speculation in the community and concern among the congregation. They request that the property not be included in future press releases regarding development without further discussion with the Official Board at Grace United Church. 66. Based on the feedback received regarding this site and the specific written request of the property owner, the Chair of the Town and Gown Committee has requested that the subject property be removed from the Strategy. Council has approved the draft document in principle, however the recommendation contained in this staff report would provide direction to staff to remove references to this site.

75 STAFF REPORT PLN OCTOBER 29, 2007 Page: 28 File: D18-GCNS & D18-GEO Pending #: P81/ Staff wish to clarify the basis for identifying the 11 sites identified in the Strategy. There is no requirement for any of those sites to develop for student housing or indeed to develop or redevelop at all. The sites are simply candidates for intensification of whatever nature. For example, the Church of Christ on the opposite corner has redeveloped their property for seniors housing. However, in order to alleviate the concerns of the Grace United Church, staff are recommending that this site be removed from the Plan. ENVIRONMENTAL MATTERS 68. There are no environmental matters directly related to the recommendation. ALTERNATIVES 69. There are three alternatives available for consideration by General Committee: Alternative #1 General Committee could maintain the status quo by not approving the Georgian College Neighbourhood Strategy and not adopting the Georgian College Neighbourhood CIP. Many of the action items in the Strategy which is approved in principle are underway but these would not occur in a co-ordinated comprehensive way over time as proposed by the Strategy. Other items such as ongoing communication with the stakeholders may not continue. If the CIP is not approved, the City would not have the added cost of providing grants under the CIP. These grants are covered under the general tax base. However, the creation of alternatives for students may not be accomplished, which would create added pressure on existing homes in the area for student accommodation. This alternative is not recommended, as this would abandon the City s efforts to improve the situation in this neighbourhood. Firstly, a co-ordinated strategy on all fronts would not occur. Secondly, the pressure to accommodate students near the College in low density detached housing will likely continue if not increase as the College grows. General Committee could alter the proposed recommendation by changing the grants available. Alternative #2 This alternative is not recommended as further research and public consultation would be required for significant changes in the program initiatives. General Committee could alter the proposed recommendation by approving the Strategy and not approving the Georgian College CIP. Alternative #3 This alternative is not recommended as there would be little incentive for developers to provide appropriate quality student housing, resulting in the use of detached homes for student accommodation. Staff have been advised by the Ministry of Municipal Affairs that this is an innovative approach and the City could be breaking new ground, serving as a model for other Town and Gown communities. FINANCIAL 70. The programs are revenue neutral but not cost neutral. Funds will have to be budgeted in the 2008 Tax Rate Based Operating Budget for these additional CIP programs. It is anticipated that $80,000 will be budgeted for the first year based on funds allocated for grants in the Downtown and Allandale programs.

76 STAFF REPORT PLN OCTOBER 29, 2007 Page: 29 File: D18-GCNS & D18-GEO Pending #: P81/07 LINKAGE TO COUNCIL STRATEGIC PRIORITIES 71. The recommendations included in this Staff Report support the following City Council Strategic Priorities: Attract Retain and Expand Business for Barrie by recognizing that the College is an important institution in for the region. Ensure a Balanced Approach to Growth Management by encouraging and facilitating intensification near the College. Ensure Proactive Communications with the public and increased opportunities for Citizen Engagement based on the process followed to date and based on the recommendations of the Strategy regarding increased communication and awareness among stakeholders As noted at the public meeting, Georgian College is here and it is growing. As a community we should not loose sight of the importance of the Georgian College as an employer and economic driver in the community. At the same time, resident concerns related to students living in well established neighbourhoods need to be addressed. 73. The problem is not unique to the City of Barrie. Other communities with university s and colleges face similar problems. The Georgian College Neighbourhood Strategy is a pro-active and coordinated approach aimed at alleviating these concerns. 74. The City is taking an innovative approach in providing for incentives for student housing through the CIP which is intended to facilitate the provision more student accommodation in more appropriate locations and form. By providing for other opportunities and facilitating this through incentives the aim is to provide alternative housing forms and locations to student housing in an established residential neighbourhood.

77 City Clerk s Office COUNCIL DIRECTION MEMORANDUM TO: FROM: Director of Planning Services Dawn McAlpine, City Clerk DATE APPROVED BY COUNCIL: November 5, G-591 REPORT BACK ON PUBLIC CONSULTATION: GEORGIAN COLLEGE NEIGHBOURHOOD STRATEGY AND GEORGIAN COLLEGE NEIGHBOURHOOD COMMUNITY IMPROVEMENT PLAN 1. That the Georgian College Neighbourhood Strategy as approved in principle be amended by removing all references to the Grace United Church, (site number 3). 2. That the Georgian College Neighbourhood Community Improvement Plan, as amended and included as Appendix A to this staff report be adopted. (PLN043-07) (File: D18-GCNS & D18-GEO) (P81/07) Direction: Director of Planning Services amend

78 APPENDIX 2 STAFF REPORT PLN004-05

79 EXECUTIVE SUMMARY Staff Report PLN PROPOSED ZONING AMENDMENTS FOR BOARDING, LODGING, ROOMING HOUSES Background The recommendations contained in Staff Report PLN were initiated as a result of resident concerns and complaints related to the location of Boarding Lodging Rooming Houses in areas zoned single-family residential. Boarding, Lodging, Rooming houses have been established throughout the City, but appear to be more common in the Georgian College area. Those directly affected by such uses include the Owners of the Boarding Lodging Rooming Houses, the Tenants who reside in them, and the Neighbours within the community where they are located. Council directed staff to research other municipalities and the methods utilized to manage by-laws related to Boarding Lodging Rooming Houses, as well as propose Zoning Bylaw amendments required to address these uses in single family residential zones. Analysis The cities of Hamilton and Waterloo were contacted as boarding, lodging, rooming houses were anticipated to be an issue due to the presence of a college or university campus. It was found that both municipalities define Boarding Lodging Rooming Houses separately from Single Detached Residential Dwellings; both municipalities provide locational criteria where all Boarding Lodging Rooming Houses are not permitted in all residential zones, but where some (the smaller ones) are permitted in single family residential zones; both municipalities regulate the operation of such uses by way of a Licensing Bylaw administered in accordance with the Municipal Act. With a recent Court of Appeal decision and adherence to the Planning Act, it is difficult for staff to enforce circumstances associated with Boarding Lodging Rooming Houses. In other words, the City through its Zoning Bylaw cannot regulate who lives in a dwelling, but rather the land use of the property. Currently the Zoning by-law, Fire Code and Building Code all deal with Boarding, Lodging, Rooming houses. The problem is, there are commonalities and differences amongst the three which make enforcement difficult. Staff have attempted to clearly distinguish between them to provide zoning bylaw definitions and standards that adhere to the Fire Code as it provides the most restrictive standards. Understanding the Elements Distinctions between a Boarding/Lodging House and a Rooming House are made with recommendations that they be defined separately. A Boarding/Lodging House is owner occupied where boarders are accommodated as guests. A Rooming House is not owner occupied where people rent rooms and share accommodations. The proposed zoning bylaw amendments are summarized and distinguished based on size, performance standards and where they are permitted to locate.

80 EXECUTIVE SUMMARY Staff Report PLN BOARDING/LODGING HOUSE Size Performance Standards Location Small Owner occupied Any Residential zone No more than 3 people lodged Limit of 40% of the habitable space to be occupied by bedrooms Increased standard for on-site parking (min. 2 parking spaces) Large Owner occupied Multiple & High Density Residential Zones only More than 3 people Size of living space Increased on-site parking (min. 3 parking spaces) ROOMING HOUSE Size Performance Standards Location Small Not owner occupied Any residential zone No more than 6 people lodged Limit of 40% of the habitable space to be occupied by bedrooms Increased standard for on-site parking (1 space for every 2 roomers accommodated) Large Not owner occupied Multiple & High Density Residential Zones only More than 6 people lodged Increased on-site parking (1 space for every 2 roomers accommodated) In addition to proposed zoning amendments which provide enforceable zoning standards, and locational criteria based on size and function, it is recommended that in order to maintain a sense of community and quality of life, that Proactive Enforcement of the City s Zoning and Property Standard By-laws be implemented. Further, it is recommended that the City s Licensing Bylaw be amended to include the proposed zoning amendments and provide for the licensing and annual reinspection and renewal of ALL Rooming Houses and Large Boarding/Lodging Houses. In order to achieve these new City approaches it is recognized that increased enforcement may require additional staff in the MLEO, Building and Fire and Emergency Services Departments. However actual costs cannot be confirmed at this time. If Council endorses the proposed zoning bylaw amendments, it is proposed that increased enforcement be concentrated in the Georgian College area during student move-in and move-out months (August, September, October and April). Actual required costs associated with more proactive bylaw enforcement will be monitored for 1 year with a report back on actual required costs. In order that the community and Georgian College students understand the City s intentions, public education and awareness will occur prior to implementation of the new approach. Summary Despite concerns focused on Boarding Lodging Rooming Houses, the community at large believes that the provision of safe and adequate living accommodation should be provided for all individuals regardless of income levels. What has been learned, is that the City of Barrie is not unlike other municipalities in its approach to regulating Boarding Lodging Rooming Houses. However, the proposed recommendations and modifications will however allow

81 EXECUTIVE SUMMARY Staff Report PLN enforcement staff to better recognize these uses within our community through application of clearer and enforceable zoning bylaw definitions, standards and locational criteria. While small Boarding/Lodging Houses and small Rooming Houses will continue to be permitted within single family residential zones, the exterior appearance, yard maintenance and on-site vehicle parking can be controlled through the use of more proactive enforcement implementation and licensing. As Georgian College continues to evolve into a larger college/university, the provision of affordable housing will increase in demand. The proposed implementation measures will better regulate such uses and allow them to remain as a required and desired component within the community s building inventory.

82 STAFF REPORT PLN February 28, 2005 Page: 34 File: D14TE-BOA Pending #: TO: SUBJECT: FROM: GENERAL COMMITTEE PROPOSED ZONING AMENDMENTS FOR BOARDING, LODGING, ROOMING HOUSES JAMES W. TAYLOR, DIRECTOR OF PLANNING SERVICES RECOMMENDED MOTION 1. That the proposed Zoning By-law amendments as recommended in Staff Report PLN004-05, and as summarized in Appendix A, be approved in principle, and be included in the Residential section of the Comprehensive Zoning By-law review and presented at the statutory Public Meeting related to that section. 2. That upon final approval of the Residential section of the City s Comprehensive Zoning By-law including the referenced Boarding, Lodging and Rooming House amendments, the following action be undertaken: 2.1. That By-law , the City s Licensing By-law, be amended to include definitions pertaining to Boarding/Lodging Houses and Rooming Houses to be consistent with the Zoning By-law and to require that all large boarding/lodging houses and all rooming houses (small and large) be licensed with annual reinspections That increased by-law enforcement and inspections be undertaken around the Georgian College and other historically problematic areas, for parking violations and exterior yard maintenance violations, during the months of August, September, October and April That the City Council Policy Manual be amended to reflect 2 b) above That the Barrie Police Service be similarly requested to exercise a zero tolerance for noise and behaviour violations involving activities within residential zones located around the Georgian College area, subject to available resources That staff undertake an appropriate public information program including preparation of an information story for the City Page in the Barrie Examiner to inform and educate the public on the City s implementation as it relates to Boarding/Lodging Houses and Rooming Houses That the implementation, increased enforcement measures and licensing of boarding/lodging and rooming houses be monitored for one year and that staff in the Building Services and City Clerk s Office report back to General Committee with recommendations as required (including recommendations regarding increased staffing and the costs associated with the level of service provided by all affected departments). PURPOSE & BACKGROUND 3. The purpose of this Staff Report is to address Council Motion 04-G-286 as it relates to Boarding, Lodging, Rooming Houses. 4. On May 31, 2004, Council adopted Motion 04-G-286: That staff in the Planning Services Department in conjunction with the Building Services Department investigate methods utilized by other municipalities to manage by-laws related to rooming houses and prepare recommendations for consideration by General Committee regarding potential amendments to specifically address the issue of rooming houses in areas Zoned Single Family Residential.

83 STAFF REPORT PLN February 28, 2005 Page: 35 File: D14TE-BOA Pending #: Concerns from the Community 5. There are various groups affected by boarding, lodging, rooming houses who have over the past, filed complaints with the Barrie Police and the City of Barrie. The police typically respond to night time and weekend complaints regarding noise, parking and misbehaviour. Staff from Fire and Emergency Services, Zoning, and Property Standards typically respond and attempt to resolve complaints related to zoning, property standards and fire safety. Complaints include: 5.1. Neighbours concerned with noise, illegal parking, poor property maintenance, absentee landlords, crime, number of tenants, tenant turnover, and property values; 5.2. Tenants concerned with poor property maintenance by the owner, unsafe conditions, high rent, and insufficient parking on site; 5.3. Owners of boarding, lodging and rooming houses concerned with costs, number of regulations, tight timeframe to comply, property damages, unpaid rent, vacancy, and oppressive neighbours. 6. Despite concerns, the community at large believes that the provision of safe and adequate living accommodation should be provided for all individuals regardless of income levels. Boarding, lodging and rooming houses are a needed component within the community s building inventory. At the same time, the community wants property values protected through good land use planning and firm By-law enforcement. The community wants to foster and maintain a sense of community and to protect their quality of life. Background 7. Boarding, lodging, rooming houses have been created throughout the City, but appear to be more common in the Georgian College area, as it appears to be a desired living arrangement for students. Boarding, lodging, rooming houses can serve the needs of various groups of people who may choose to live communally or provide individuals with a room to rent. 8. As Georgian College continues to evolve into a larger college/university, the provision of housing for students within the college vicinity will increase in demand and will continue to heighten neighbourhood concerns and complaints. This Staff Report recognizes that there is a need for this form of housing and that it is likely to increase in demand especially around the Georgian College area. 9. The current Zoning By-law definition for a boarding, lodging, rooming house is as follows: a dwelling in which the owner or his agent resides and in which lodging for more than three persons, other than members of the owner s or agent s family, with or without meals is supplied for gain, but shall not include a motel, hotel, hospital, children s home, nursing home, home for the aged or other similar establishment. 10. The By-law definition describes a house which is occupied by the owner (with or without his family), within a single, semi-detached or townhouse dwelling and containing more than three boarders. However, the term boarding, lodging, rooming houses has also been used by the community to describe a house occupied only by boarder/roomers without being owner occupied. Despite the way in which these types of dwellings are occupied, the current definition therefore is limited to owner occupied. If the dwelling is not owner occupied but occupied only by a collection of individuals rooming together, the City s zoning by-law would not recognize this type of habitation other than as a single use. Currently the definition only recognizes owner occupied boarding, lodging, rooming houses. Therefore, there is no definition that covers this form of housing if it is not owner occupied. 11. Planning Policy staff are in the process of a comprehensive review of the Official Plan and Zoning By-law. Proposed zoning text amendments in relation to the comprehensive review, will be presented at a public meeting to be scheduled in Proposed amendments to the By-law regarding boarding, lodging, rooming houses as contained in this Staff Report, are recommended to be included in this comprehensive review process.

84 STAFF REPORT PLN February 28, 2005 Page: 36 File: D14TE-BOA Pending #: Regulating Boarding, Lodging and Rooming Houses 12. Boarding, Lodging and Rooming Houses are regulated by the following: Municipal Zoning By-laws, Licensing By-laws, where imposed by municipalities, Property Maintenance By-laws, Building Code for new construction, alterations or the change of use of an existing building, and Fire Codes for on-going fire safety maintenance, or retro-fit requirements for boarding, lodging, rooming houses that existed on February 11, A Zoning By-law regulates permitted and prohibited land uses in different zones and establishes development standards for those uses. The Zoning By-law determines if a rooming house is a legal use on a particular property, according to the zoning designation. If it is a legal use, it must adhere to certain development standards such as setbacks, lot width, lot coverage and off-street parking. 14. A Licensing By-law requires a particular use or business to be licensed with the City and requires mandatory renewals (annual, bi-annual, other). The licensing requirements will usually refer to certain inspections that must be carried out to confirm the use or business is in regular compliance with health and safety regulations or property maintenance standards. A Fire inspection for instance, might be required whereby the inspector confirms compliance with the Ontario Fire Code. The Licensing By-law itself does not usually contain specific regulations to be met, except the referral to other existing By-laws and codes. Other Municipalities 15. With the City of Barrie s current and increasing needs for living arrangements around the college, and in an attempt to maintain community character and neighbourhood belonging, staff have had discussions and gathered information from other municipalities containing universities which may have or are experiencing similar situations and community complaints. 16. The cities of Hamilton and Waterloo were surveyed in the context of this Staff Report, as boarding, lodging, rooming houses were anticipated to be an issue due to the presence of a college or university campus. 17. Both municipalities have Zoning By-laws which specifically define Lodging Houses separately from single detached residential dwellings. Both identify specific residential zones or districts where Lodging Houses are permitted. All Lodging Houses are not permitted in all residential zones; however, some lodging houses are permitted in single detached residential zones. 18. In addition, both municipalities regulate the operation of Lodging Houses through Licensing By-laws administered in accordance with the Municipal Act, Section The City of Hamilton 19. From Hamilton s Zoning By-law, a Lodging House : shall mean a dwelling or building or portion thereof in which lodging is provided for more than 3 persons for remuneration, or the provisions of services or both, and the lodging rooms do not have bathrooms and/or kitchen facilities for the exclusive use of individual occupants, but shall not include the following: a hostel; a hotel;

85 STAFF REPORT PLN February 28, 2005 Page: 37 File: D14TE-BOA Pending #: a public or private hospital; a nursing home; a home for the aged or a home for elderly persons; a tourist home; a residential care facility; and a short-term care facility. 20. In accordance with the City of Hamilton Zoning By-law, there is no specific provision requiring that the owner is to reside in the lodging house. The Zoning By-law is administered primarily on a complaint basis. It is not enforced proactively. Therefore, if a lodging house exists within a zone where it is not permitted, the lodging house will only be investigated if there is a written complaint. 21. Lodging houses are not permitted in all residential zones. There are certain residential districts, close to Universities and in the Downtown where conversion of houses into Lodging Houses is permitted. There is no limit on the number of people lodged in a lodging house, but it is subject to compliance with the Building Code. If a lodging house is suspected in a zone that does not permit lodging houses, it is the responsibility of the City to prove it is operating as a lodging house rather than a single housekeeping unit. 22. The City of Hamilton in cooperation with neighbourhood associations and committees and the Hamilton Police Service has identified numerous concerns expressed by the public respecting housing tenanted by students. Their concerns are similar to those expressed in Barrie by residents in proximity to Georgian College. These include absentee landlords, the condition and appearance of houses, property standards garbage and debris, noise, alcohol impaired behaviour, no pride of ownership and lack of consideration for families quality of life, number of student houses, and a large turnover. 23. Given the type of complaints, the City of Hamilton has favoured enforcing Parking and Noise By-laws rather than expending time enforcing the Zoning By-law. The City has favoured this approach in maintaining the exterior of the dwelling and lot area within a neighbourhood rather than being concerned or attempting to regulate who lives inside. It is for this reason that the City proactively enforces other municipal By-laws, specifically yard maintenance, noise and property standards by-laws in partnership with the police. Citywide enforcement of yard waste and garbage, and excessive noise are proactively enforced during University student move in (August to October) and move out (April) months. 24. In addition, the City of Hamilton administers a Licensing By-law, requiring that all lodging houses be licensed with the City to ensure health and safety standards. There is an initial license issued with annual reinspections. It is an offense in the City of Hamilton to operate a lodging house without a valid license. The City of Waterloo 25. From the Zoning By-law, a Lodging House : means a nursing home and any house or other building or portion thereof in which persons are harbored, received or lodged for hire, but does not include a hotel, hospital, nursing home, home for the young or aged or institution that is licensed, approved or supervised under any general or special Act. 26. The Zoning By-law is administered on a complaints basis only. The Zoning By-law standards for Lodging Houses identify the location of such uses based on number of lodgers accommodated Lodging for 1-3 lodgers is permitted in all residential zones, with or without being owner occupied;

86 STAFF REPORT PLN February 28, 2005 Page: 38 File: D14TE-BOA Pending #: Lodging for 4-5 lodgers not owner occupied is referred to as a Class II Lodging House and is permitted in all residential zones. A minimum distance separation of 75 m is required within single family zones; Lodging for 4 or more lodgers being owner occupied is referred to as a Class I Lodging House and is restricted to medium and high density zones; and Lodging for 6 or more lodgers not owner occupied is also referred to as a Class I Lodging House and is also restricted to medium and high density zones. (The difference within the two Class I Lodging Houses is the number of lodgers and whether the dwelling is owner occupied.) 27. In 1986, the City of Waterloo adopted a Licensing By-law due to fire safety issues in the dwellings and in an attempt to maintain neighbourhood conformity and character in a city that must accommodate 25,000 university students yearly. 28. In the City of Waterloo it is an offense to operate a lodging house without a license under the licensing By-law. The City does proactively enforce Lot Maintenance and Parking By-laws throughout the year. City of Barrie 29. In accordance with the City of Barrie s Zoning By-law, a Boarding, Lodging, Rooming House is defined as being owner occupied. If it is not owner occupied, it would not satisfy the Boarding, Lodging and Rooming definition. If a similar use of a dwelling exists without being owner occupied it would fall within the definition of a Student Residence (shall mean a building designed for the temporary accommodation of persons attending an institution of higher learning and providing common eating and recreational facilities). Student Residences are only permitted in medium and high density zones and require 1 parking space for every 3 persons accommodated. 30. The City of Barrie also administers a Licensing By-law for Lodging Houses in accordance with By-law (the City s Licensing By-law). The definitions included in the Licensing By-law currently mirror those from the Zoning By-law. 31. It is an offense to operate a Lodging House consisting of more than 3 lodgers without a license. Under the terms of the Licensing By-law, a Boarding, Lodging or Rooming House is considered as a business which provides a service. The operation of a Lodging House requires Zoning, Finance, Fire, Building and Property Standards approval and requires a Liability Insurance of $1M. The License fee is $300. Currently, there are no licensed Boarding, Lodging, Rooming Houses in the City. 32. Student residences are not required to be licensed under the current by-law. 33. The City enforces its Zoning By-law through the review of development applications, building permit applications and license applications, as well as the investigation of written complaints. The City of Barrie Council Policy 42.8, as contained in the Policy Manual, states that: On receipt of a written complaint from a ratepayer or a verbal complaint from a member of Council, the Zoning Administrator is to check the location and circumstances of the alleged zoning infraction. 34. The City s current Licensing By-law requires the owner-occupied boarding, lodging, rooming houses to be licensed only. However, from complaints received concerning boarding, lodging, rooming houses, whether owneroccupied or not, it is estimated that there are in the order of 300 houses/dwellings currently operating as such which may or may not be located in appropriate residential zones for their use. Most are concentrated around Georgian College and occupied by college students. Some are owner occupied but the majority of them are not. Given that none are recorded to be licensed with the City, this form of housing exists but may not satisfy zoning, licensing, building or fire regulations. 35. Health and safety matters associated with these dwellings and the numbers of students accommodated in each one are currently uncontrolled unless inspected due to a written complaint or if brought to the attention of Fire

87 STAFF REPORT PLN February 28, 2005 Page: 39 File: D14TE-BOA Pending #: Services who must on suspicion of a health and safety risk, inspect the premises and take appropriate action to safety the premises. Court of Appeal for Ontario decision on the matter of Regulating Lodging Houses 36. The regulations to control boarding, lodging and rooming houses in the City of Waterloo was recently challenged by a property owner, resulting in a decision of the Superior Court of Ontario on July 15, Good Properties, owner of a residential dwelling unit, challenged the City of Waterloo. The City s claim was that the residence was being used as a lodging house and in accordance with their licensing By-law, a license was required to operate the establishment. Good argued that the residential unit in question was being used as a single housekeeping unit and not as a lodging house requiring a license under the City of Waterloo By-law No governing lodging houses. The Court ruled in favour of Good Properties who successfully argued that the residential unit was functioning as a single housekeeping unit and did not require a license under the City s Licensing By-law. 38. The tests employed by the Court looked at the degree of control of the use of the premises by the inhabitants, whether there was a lease to a group or individuals as opposed to the individual rental of each room independently, etc. 39. The judge determined that the group of students acted as a single housekeeping unit despite the payment of individual rents. The group made household decisions together, assigned rooms and duties for each other, determined who should pay what share of the rent and utilities, provided their own furniture for their own rooms plus the common rooms, and arranged for replacement tenants when there was a vacancy. The judge determined that the presence of locks on bedroom doors was for privacy and security, and did not detract from the group acting as a single housekeeping unit. The length of intended stay in the house was not discussed. 40. This Court decision was appealed by the City of Waterloo to the Court of Appeal for Ontario (final decision). A decision was rendered September 14, 2004 which upheld the previous Superior Court decision on the matter. Both decisions are available by contacting the Planning Services Department and will be available in the Council Chambers Lounge on the night of its consideration by General Committee. ANALYSIS 41. Staff from the Planning and Building Services, Clerks Department, and Fire Services have discussed and have had input into the recommendations contained in this Staff Report. In addition, staff have sought legal opinions on its content. The recommendations therefore, although put forward by the Planning Services Department are the product of a collaborative process. 42. The cities of Hamilton and Waterloo are not unlike Barrie when dealing with the zoning and regulations associated with Boarding, Lodging, Rooming Houses. All permit a few (maximum 3) lodgers in all residential zones, including single family. All administer a Licensing By-law where Lodging Houses must be licensed. All have difficulty enforcing lodging houses from locating within single family residential neighbourhoods. 43. The decision of the Court of Appeal establishes case law in helping to determine the difference between a single dwelling unit (a single housekeeping unit) and a lodging house. It appears that a group of single, unrelated people living together within a house, and operating as a single housekeeping unit, must be regarded as a single dwelling unit and not as a lodging house, even if the tenants pay rent individually, and even if there are locks on the bedroom doors. While it might be difficult to draw specific conclusions, it will likely render most municipal zoning by-law definitions and practices unenforceable. What we have learned from this is that zoning definitions and standards must be developed that respect the decision of the Court, respect the Planning Act and yet control what residential land uses can occur where. 44. From the review of the Zoning By-law definitions and standards, and the regulation of Boarding, Lodging, Rooming Houses through a licensing system, it is concluded that the City of Barrie administers and regulates its By-laws similar to other municipalities, except that Barrie currently only licenses owner-occupied lodging houses.

88 STAFF REPORT PLN February 28, 2005 Page: 40 File: D14TE-BOA Pending #: 45. With the recent Court of Appeal decision, it will be increasingly difficult for staff to enforce circumstances associated with boarding, lodging, and rooming houses. Staff, therefore, provide the following information, discussion and recommendations. These proposals are recommended to strengthen zoning definitions and standards in order to allow the Fire, Building and Zoning standards to be more harmonious and reduce the amount of conflict through enforcement. As well staff propose increased enforcement measures and public education in order to allow this form of housing to continue to exist in our community and at the same time foster community character, a sense of neighbourhood belonging and ensure health and safety standards for all occupants. 46. Despite the decision at the Court of Appeal, staff believe there are three indicators that help to distinguish the difference between a single dwelling unit and a rooming house: The number of bedrooms containing door locks, Whether it is operating as a single housekeeping unit, and The percentage of the dwelling unit occupied by bedrooms. 47. Locks on doors and the area occupied by bedrooms can be relatively easy to determine. Defining a single housekeeping unit, in a way that an inspector, upon examination, can gather evidence to determine compliance or not seems to be the operative task. Section 35 Planning Act Changes 48. In 1994 Section 35 of the Planning Act was amended such that no distinction shall be made on the basis of relationship. Further, the provision of distinction contained in a previously approved By-law, is of no effect. Specifically, Section 35. (2) and (3) states: The authority to pass a By-law under section 34 [Land Use Controls, Zoning By-laws] does not include the authority to pass a By-law that has the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a building or structure or a part of a building or structure, including the occupancy or use as a single housekeeping unit. A provision in a By-law passed under section 34 is of no effect to the extent that it contravenes the restrictions described in subsection (2). 49. Section 35, broadly speaking, prohibits a by-law from distinguishing on the basis of relationship. What this means is that the definition of family as contained in Zoning By-law has no effect and cannot be enforced when dealing with occupants of a dwelling. The traditional term of family or single family dwelling as of 1994 could no longer be based on relationship, marital or blood. Therefore any collection of persons living as a single housekeeping unit is permitted within a single dwelling unit. 50. The Zoning By-law could establish zoning standards as opposed to definitions that relate to the operation of a Single Family Dwelling as compared to a Boarding, Lodging, Rooming House. The two uses could be structurally identical but their functional operation would be different, single housekeeping unit vs. collection of individuals with shared accommodation in return for remuneration. 51. The by-law would then need to emphasize the commonality of use by all the occupants of the building as a single housekeeping dwelling. All occupants would then have access to all of the habitable areas and facilities in the unit, which is occupied and used or capable of being occupied and used as a single and independent housekeeping establishment. From a planning perspective, the distinction by zoning standards rather than zoning definitions would appear to avoid offending Section 35 of the Planning Act.

89 STAFF REPORT PLN February 28, 2005 Page: 41 File: D14TE-BOA Pending #: Current By-law Definitions 52. Zoning By-law is 20 years old. At the time of its passing, a Family (as considered in a single family dwelling) was defined. Provided below are current By-law definitions: 53. A Family is defined as one or more persons who are related by bonds of consanguinity, marriage or common law marriage or legal adoption, or not more than five unrelated persons, with or without one or more full-time domestic servants, occupying a dwelling unit. 54. A Dwelling Unit is defined as a suite operated as a housekeeping unit used or intended to be used as a domicile by one or more persons usually contains cooking, eating, living, sleeping and sanitary facilities. 55. A Dwelling, Single Detached (R1, R2, R3, R4) shall mean a separate residential building containing only one dwelling unit. 56. A Student Residence shall mean a building designed for the temporary accommodation of persons attending an institution of higher learning and providing common eating and recreational facilities. 57. A Boarding Lodging Rooming House is defined as a dwelling in which the owner or his agent resides and in which lodging for more than three persons, other than members of the owner s or agent s family, with or without meals is supplied for gain, but shall not include a motel, hotel, hospital, children s home, nursing home, home for the aged or other similar establishment. 58. A Boarder and Roomer are defined as a person other than the lessee, tenant, owner to whom lodging and/or meals are provided for monetary compensation. 59. The Zoning By-law currently does not define either a Lodger, a Suite or a Single Housekeeping Unit. Development standards as contained in the City s Zoning By-law Single Family Dwelling (R2, R3, R4) Maximum one kitchen, minimum one bathroom plus one other room, private entrance from outside. One off-street parking space. Maximum of 3 lodgers, except in the case of 5 unrelated persons, no boarders are permitted. Boarding Lodging Rooming House Only permitted in multiple residential dwelling zones and apartment dwelling zones (RM2, RA1 and RA2). One parking space per 2 lodging rooms or suites. More than 3 lodgers. Minimum 14m2 of habitable living space per boarder/roomer in addition to R2 standards. 60. Under current By-law definitions, the use and occupancy of a Single Family Dwelling permits: An individual, a family by marriage or blood, or up to 5 unrelated people; Maximum one kitchen, minimum 1 bathroom, plus one other room; Maximum 3 boarders with a family including the owner or agent; One off-street parking space.

90 STAFF REPORT PLN February 28, 2005 Page: 42 File: D14TE-BOA Pending #: Strengthening Definitions and Zoning Standards 61. A Boarding, Lodging, Rooming House is defined in the Zoning By-law, the Ontario Building Code and the Ontario Fire Code. In each, the definition varies. 62. Common elements in each include: Consists of a building/dwelling; Lodging (room and/or meals) is provided; Remuneration, monetary compensation and/or services are provided in exchange for lodging. 63. Differences in the three definitions include: Owner or agent resides in Lodging House (Zoning); Cannot include a motel, hotel, hospital, nursing home, etc. (Zoning); Lodging rooms do not have bathrooms and kitchen facilities for the exclusive use of individual occupants (Building and Fire); Building height does not exceed 3 storeys and does not exceed 600m 2 (Building and Fire); Where there are more than 3 persons lodged (Zoning and Fire); Where there are more than 4 persons lodged (Building). 64. In order to clearly and consistently define boarding, lodging, rooming houses and assist in more efficient and effective enforcement, as the need arises, it is recommended that the zoning definition for Boarding, Lodging, Rooming Houses be synonymous with the Fire Code definition as it provides the most restrictive standards with the exception of restricting building height and area, and clearly sets out what these dwellings are and how they operate (performance standards). Amend Zoning By-law Definitions and Zoning Standards 65. In order to clearly distinguish these types of uses in the Zoning By-law, the terms Boarding/Lodging House and Rooming House are recommended to be defined separately in order to provide an understanding between those who board or lodge as guests in the owner s dwelling and those who independently rent a room(s) within a dwelling but share kitchen and bathroom facilities with all other roomers (tenants), not as guests. 66. It is recommended that a Boarding/Lodging House and a Rooming House be defined separately. Small versions (minimal number of lodgers), as defined, could be permitted within low density residential zones, while the larger versions would remain restricted to medium and higher density zones. Performance or zoning standards for each shall be identified in Section 5, Residential of the Zoning By-law. Amendments to Definitions 67. It is recommended that the Zoning By-law be amended to remove the term family both by definition and as an adjective to describe different zones. 68. It is recommended that the Zoning By-law be amended to include a definition for a Suite similar to that contained in the Building Code. A Suite shall be defined as: a single room or series of rooms of complementary use, operated under a single tenancy, and includes individual guest rooms in motels, hotels, boarding/lodging houses, rooming houses and dormitories.

91 STAFF REPORT PLN February 28, 2005 Page: 43 File: D14TE-BOA Pending #: 69. It is recommended that the Zoning By-law be amended to include a definition for Single Housekeeping Unit to mean: one or more persons who agree to reside together, by choice or by relationship, within a dwelling unit, sharing the responsibilities of household duties such as cleaning, maintenance and meal preparation. 70. It is recommended that the Zoning By-law be amended to include a definition for Kitchen to mean: a room or space within a residential suite used primarily for the preparation and consumption of meals and for the storage of food, dishes, cutlery and ancillary appliances. 71. It is recommended that the Zoning By-law be amended to include a definition for Domicile to mean: a place of residence for more than a single month. 72. It is recommended that the Zoning By-law be amended to include a definition for Dormitory to mean: a building or portion thereof used for the temporary residential accommodation of more than 20 persons attending an institution of higher learning. 73. It is recommended that the Zoning By-law definition for Student Residence be deleted. 74. It is recommended that the definition of a Boarding, Lodging, Rooming House be deleted and replaced with the following: Boarding/Lodging House shall mean an owner-occupied house where lodging is provided for one or more persons in return for remuneration or for the provision of services or for both, and where meals are provided for the boarders, or where boarders are allowed access to the kitchen Rooming House shall mean a house, other than a boarding/lodging house, a dwelling unit, a group home, or a dormitory where lodging is provided for one or more persons in return for remuneration or for the provision of services or for both. 75. It is recommended that the term Boarder and Roomer be deleted. 76. It is recommended that small and large forms of Boarding/Lodging and Rooming Houses be defined. 77. Amendments to the zoning standards are proposed in order to provide locational criteria as well as assist in determining occupancy and function within the dwelling when enforcement measures are required. Standards proposed such as minimum room sizes and parking area requirements have been taken from the Building and Fire Codes and the Zoning By-law. 78. It is recommended that the following definitions be included and/or replaced in the Zoning By-law which better distinguish and more clearly define the difference between a Boarding/Lodging House and a Rooming House. 79. A Boarding/Lodging House (small) shall mean: an owner-occupied house where lodging is provided for no more than 3 persons in return for remuneration or for the provision of services or for both, and where meals are provided for the boarders or where boarders are allowed access to the kitchen. 80. A Boarding/Lodging House (large) shall mean: an owner-occupied house where lodging is provided for more than 3 persons in return for remuneration or for the provision of services or for both, and where meals are provided for the boarders or where boarders are allowed access to the kitchen.

92 STAFF REPORT PLN February 28, 2005 Page: 44 File: D14TE-BOA Pending #: 81. A Rooming House (small) shall mean: a house, other than a boarding/lodging house, a dwelling unit, a group home, or a dormitory where lodging is provided for no more than 6 persons in return for remuneration or for the provision of services or for both. 82. A Rooming House (large) shall mean: a house, other than a boarding/lodging house, a dwelling unit, a group home, or a dormitory where lodging is provided for more than 6 persons in return for remuneration or for the provision of services or for both. Zoning Standards 83. It is recommended that the zoning standards for Boarding/Lodging Houses and Rooming Houses be established and included in Section 5 of the By-law, as identified below: 84. A Boarding/Lodging House (small) Shall be permitted in all residential zones That except as noted herein, the Boarding/Lodging House (small) comply with all development standards of a dwelling unit That each sleeping room or suite to be rented have a minimum 7m 2 (75 sq. ft.) of habitable living space That the aggregate floor area of all sleeping rooms not exceed 40% of the total habitable living space Shall provide on-site parking of at least one off-street parking space for the owners, plus 1 additional parking space for every 2 boarders or lodgers, for a minimum of 2 parking spaces Tandem parking shall be permitted. 85. A Boarding/Lodging House (large) Shall be permitted in RM2, RA1 and RA2 residential zones That except as noted herein, the Boarding/Lodging House (large) comply with all development standards of a dwelling unit That each sleeping room or suite to be rented have a minimum 7m 2 (75 sq. ft.) of habitable living space Shall provide on-site parking of at least one off-street parking space for the owners, plus 1 additional parking space for every 2 boarders or lodgers, for a minimum of 3 parking spaces Tandem parking shall not be permitted. 86. A Rooming House (small) Shall be permitted in all residential zones That except as noted herein, the Rooming House (small) comply with all development standards of a dwelling unit Where a kitchen is provided, there shall be no more than one kitchen that must be accessible to at least two of the rented rooms That each sleeping room or suite to be rented have a minimum 7m 2 (75 sq. ft.) of habitable living space.

93 STAFF REPORT PLN February 28, 2005 Page: 45 File: D14TE-BOA Pending #: That the aggregate floor area of all sleeping rooms not exceed 40% of the total habitable living space Shall provide on-site parking of at least one parking space be provided for every 2 roomers accommodated Tandem parking shall be permitted. 87. A Rooming House (large) Shall be permitted in RM2, RA1 and RA2 zones Where a kitchen is provided, there shall be no more than one kitchen that must be accessible to at least two of the rented rooms That each sleeping room or suite to be rented have a minimum 7m 2 (75 sq. ft.) of habitable living space Shall provide on-site parking of at least one parking space for every 2 roomers accommodated Tandem parking shall not be permitted. 88. Dormitory Shall be permitted in RM2, RA1 and RA2 zones as well as Institutional I zones as associated with the campus of an accredited college or university or trade school Suites containing a kitchen, at least one bathroom and a sleeping area shall be regarded as a separate apartment dwelling unit One kitchen shall be provided for no more than 20 students That each sleeping room or suite to be rented have a minimum of 7m 2 (75 sq. ft.) of habitable living space Shall provide on-site parking of at least one parking space for every 2 students accommodated Tandem parking shall not be permitted. Proactive Enforcement 89. The municipalities of Hamilton and Waterloo both administer proactive enforcement during university/college student move in (August to October) and move out (April). Staff recommend that the City of Barrie also administer such a procedure. The number of complaints received by the City related to boarding, lodging and rooming houses is primarily centred within the Georgian College area and primarily within single detached neighbourhoods. These complaints focus on parking, noise, behavioural activities and yard maintenance. While amendments to the Zoning and Licensing By-laws may more clearly define these uses, provide their locational criteria and regulate them through licensing, the amendments may not be effectively implemented without increasing current standard enforcement measures. 90. Primary neighbourhood complaints are directed at exterior use of properties and lack of yard upkeep. Many vehicles per lot, parked on lawns and blocking sidewalks is a common complaint as is loud noise late into the night and lack of respect for property and neighbourhood character. 91. Staff are recommending a more holistic approach to dealing with complaints rather than rely only on individual site specific written complaints. This is similar to other college/university municipal practices. This would include laying charges for violations such as parking infractions and property maintenance.

94 STAFF REPORT PLN February 28, 2005 Page: 46 File: D14TE-BOA Pending #: 92. It is recommended that enforcement of Zoning and Property Standards By-laws be increased and be concentrated during certain periods of the year (between August and October and April) and implemented within the Georgian College area and any historical problem areas. 93. In addition, it is recommended that the Barrie Police Service be encouraged to exercise their authority on a zero tolerance basis for noise and behaviour violations involving activities within residential zones located around the Georgian College area, subject to available resources. 94. The implementation of this form of proactive enforcement is a departure from current procedure. If this procedure is accepted by Council, the City of Barrie s Council Policy Manual will require amendment to include this policy. 95. It is therefore recommended that the City of Barrie s Council Policy Manual be amended to include proactive or increased enforcement of Zoning and Property Standards By-laws within the Georgian College area between the months of August and October and in the month of April. Amendments to Licensing By-law Given the proposed Zoning By-law amendments and their complementary nature to the Fire Code and Building Code definitions and standards, if final approval is given by Council to the recommended zoning modifications, the following is recommended. 97. That the Licensing By-law be amended to include Zoning By-law definitions for Boarding/Lodging and Rooming Houses as contained in this staff report. 98. The Licensing By-law attempts to mirror zoning definitions in order to minimize confusion to the public. Therefore the definition portion of the Licensing By-law and related operating criteria will require amendment. 99. In addition, all Rooming Houses and Large Boarding/Lodging Houses shall be required to be licensed with the City. A licensing fee of $300 currently is charged per license. The Clerk s Office may wish to review this fee. In addition, an annual reinspection and associated fee is recommended. This will ensure that fire regulations and property standards are maintained and kept in good order to ensure the health and safety of the occupants Law Enforcement is anticipating that the Licensing By-law will be reviewed in 2005 for re-enactment January It is proposed that any amendments be incorporated as part of that review and not as a separate, stand alone process and recommendation. This will also enable staff to assess any fee impact which may result from additional enforcement driven changes. Public Education 101. Should Council approve the above mentioned amendments, including increased licensing system for Boarding/Lodging and Rooming Houses and increased enforcement around the College area, it is recommended that the community at large be notified The City could advise the public by way of the City Page as well as through Georgian College publications and information brochures or information sessions. Upon Council approval, staff would contact Georgian College staff to determine the best means of educating the students. In addition, the City s Web Site can be updated to include information to inform and educate the public. Minimum Distance Separation 103. It is not recommended that the City of Barrie impose a Minimum Distance Separation between Boarding/Lodging or Rooming Houses The amendments to the City s Zoning and Licensing By-laws recommended by staff are intended to clearly identify this form of land use through zoning and further regulate it through the provisions of licensing and increased enforcement. The proposal that small boarding/lodging and small rooming houses be permitted to

95 STAFF REPORT PLN February 28, 2005 Page: 47 File: D14TE-BOA Pending #: locate within all residential zones would allow them within single detached residential zones. With the increased parking standards and current lot requirements (minimum 50% grassed front yard), not all single residential lots would be able to comply, therefore not permitting the use Minimum distance separation is difficult to implement and enforce. As stated previously, the City should not be as concerned with the occupants of a dwelling, but rather the dwelling s exterior appearance and presence within the neighbourhood. In addition, an owner may choose to sell a property that was utilized as a rooming house and convert it back to a single occupancy residence. Minimum distance separation would no longer apply and calculations would once again need to be satisfied according to other licensed uses in proximity. FINANCIAL 106. Notwithstanding the Zoning By-law amendments, the recommendations related to increased enforcement and licensing of large boarding/lodging and all rooming houses would be an alteration from standard city practice. Should Council approve these recommendations, Department Heads have identified that inspection staff are at capacity with respect to workload, primarily as it relates to property standards complaints and fire code compliance. Comments from Fire and Building Services and Municipal Law Enforcement have identified that additional staff may be warranted It has been estimated that approximately 300 boarding, lodging and rooming houses exist within the City primarily within the Georgian College area. What remains undetermined is what percentage of those will or could be made to comply with the new provisions set out in this staff report. Proactive enforcement and appropriate steps to correct violations of the Zoning By-law become critical to the success of the recommendations. The recommendations of this staff report identify that all Rooming Houses and Large Boarding/Lodging Houses are required to be licensed. Municipal Law Enforcement 108. Law Enforcement staff identify that there is currently one full time staff and one part time staff devoted to business licensing which includes issuance of licenses, all complaints, routine inspections, follow-ups, enforcement, court actions, administrative approvals and other related matters. As stated previously, the City has no licensed Boarding/Lodging or Rooming Houses. It is difficult to prejudge the amount of additional staff time and costs the recommended increased enforcement may require in order to handle the potential increase of licensing and enforcing boarding/lodging and rooming houses and their annual reinspections. There is general agreement by the Building and Fire Services and the Municipal Law Enforcement departments that the licensing and annual reinspections of all Rooming Houses and Large Boarding/Lodging Houses be implemented. However, because this entails new standards and potential increase in workload, all departments have expressed a certain level of concern over available staff resources Based on the information and recommendations of the staff report, including estimates based on increased municipal law enforcement, issuance of licenses, inspections and reinspections for renewals as well as administration costs, it has been estimated that the part time Municipal Law Enforcement Officer I be increased to full time status. In addition, there is one part time Secretary that is recommended to be increased to full time status. Financial implications are estimated below An MLEO I part time staff position costs $39,800, salary, benefits and overhead costs based on part time employment status. To amend the position to a full time status would cost $90,870. A difference of $51,000. A part time administrative secretary, costs $26,244. Amending the status to a full time position would cost $43,830; a difference of $17,585. Building Services 111. The Building Services Department has identified that current staff resources are unable to accommodate increased enforcement efforts. It is anticipated that one additional Zoning Inspector and one additional Property Standards Officer would be required to provide an increased service level for any enhanced regulations under the Zoning By-law and the Licensing By-law.

96 STAFF REPORT PLN February 28, 2005 Page: 48 File: D14TE-BOA Pending #: 112. The costs for these two staff persons are based on a 35 hour work week, including salary, benefits and overhead costs based on first year of employment at 2005 figures. Zoning Inspector would cost $70,373 and a Property Standards Officer $73,773. Fire Services 113. The Fire Services Department has advised that boarding, lodging, rooming houses are currently an enforcement problem for them. The number of these houses is increasing. Fire Code compliance must be enforced. The demand on the current level of staff service is already at capacity. While licensing boarding and rooming houses more proactively is supported by the Fire Department, it is anticipated that additional staff resources are required The need for annual renewal with licensing and subsequent inspection is estimated by the Fire Department to have an effect on their ability to provide service and have estimated that one and possibly two addition Fire Prevention Officers are required. Fire Prevention Officers work a 42 hour week, including salary, benefits and overhead costs is $116,677 per officer It is estimated that there are approximately 300 assumed boarding and rooming houses. If all could comply with the proposed zoning standards and be licensed with the City, this would generate a revenue of $90,000 (at current fees of $300 per license not including annual renewal fees) that could be viewed to offset some of the additional staff costs to administer the proposed zoning and regulations. This revenue assumption is, however, skewed as it is unreasonable to assume that all 300 estimated premises could or would be licensed. In addition, it is anticipated that business licensing will continue to grow not only for boarding and rooming houses, but including all other business activity. Total Costs 116. The total costs to the City, as estimated by the affected departments in order to implement increased enforcement measures of Zoning and Property Standards By-law during the months of August to October and April around the College area, as well as more proactively enforcing the City s Licensing By-law as it relates to licensing all Rooming Houses and large forms of Boarding/Lodging Houses is estimated to cost the City for additional staff, in 2005 dollars $329,410. Financial Alternative 117. Although it is estimated that there are in the order to 300 existing boarding/lodging and rooming houses currently operating in the City, this is only an estimate. None of these are currently licensed. It is not possible to estimate what percentage of these could comply with the proposed zoning and regulation amendments, nor how many will be licensed, how long it will take to get all of them licensed and what the increase in demand will be for them in the future. Although the affected departments have provided estimated staff resource requirements to handle the proposed amendments, there is no guarantee that the hiring of new staff will be offset or partially recovered by licensing fees, annual renewals, or stiffer court penalties or enforcement ticketing for infractions Therefore, rather than expending additional money for increased staff resources based solely on estimates, with the approval of the staff recommendations its implementation could be monitored for a one year time period. Success, failure or requirements for refinements, additional staff resources, etc. could be identified and detailed based on one year of experience, in a report back to General Committee. Those departments directly affected could jointly produce such a report within a year time and include requirements in order to maintain or exceed the current level of service to appropriately implement Boarding/Lodging and Rooming House regulations Therefore, it is recommended that the implementation, enforcement and licensing of Boarding/Lodging and Rooming Houses be monitored for one year and that staff in the Building Services and City Clerk s Office report back to General Committee with recommendations as required (including recommendations regarding increased staffing and the costs associated with the level of service provided by all affected departments).

97 STAFF REPORT PLN February 28, 2005 Page: 49 File: D14TE-BOA Pending #: SUMMARY 120. Staff have proposed amendments to the Zoning By-law to compliment the Building and Fire Codes as well as more clearly and effectively define boarding/lodging and rooming houses separately as well as propose zoning standards that will not only restrict the location of these land uses but will assist inspection staff in their enforcement Staff have surveyed other municipalities containing colleges and universities and identify that the City of Barrie is not unlike other municipalities and their implementation of boarding/lodging and rooming houses. Staff identify that there is a need for this form of housing within the City of Barrie specifically as Georgian College continues to grow as a college or university. However, ongoing neighbourhood complaints have led staff to recommend increased enforcement of City By-laws. While the community may find it appropriate and socially acceptable to provide housing for all income levels, the community also wants community character and property values protected Taking note of how the cities of Hamilton and Waterloo administer enforcement, staff have recommended an increase in By-law enforcement at critical student move in and move out months. Also, a more proactive licensing system which allows large boarding/lodging houses and all rooming houses to be licensed with annual reinspections. However, this change in standard enforcement practice may come at a cost to the City. Staff have also proposed a one year monitoring of the recommendations. A report back to Council will be provided. This may include the necessity for additional staff or amendments to the procedural implementation. Attachment: Appendix A Prepared By and Key Contact: Janet Foster, M.C.I.P., R.P.P. Senior Development Planner Ext Departmental Approval By: Commissioner Approval By: James W. Taylor, M.C.I.P., R.P.P., MBA Director of Planning Services Gary Calvert, Commissioner of Development Services Approved By: P. E. Lee, P.Eng. City Administrator City Administrator s Comments:

98 STAFF REPORT PLN February 28, 2005 Page: 50 File: D14TE-BOA Pending #: APPENDIX A 1. It is recommended that a Boarding/Lodging House and a Rooming House be defined separately. Small versions (minimal number of lodgers), as defined, could be permitted within low density residential zones, while the larger versions would remain restricted to medium and higher density zones. Performance or zoning standards for each shall be identified in Section 5, Residential of the Zoning By-law. 2. It is recommended that the Zoning By-law be amended to remove the term family both by definition and as an adjective to describe different zones. 3. It is recommended that the Zoning By-law be amended to include a definition for a Suite similar to that contained in the Building Code. A Suite shall be defined as: a single room or series of rooms of complementary use, operated under a single tenancy, and includes individual guest rooms in motels, hotels, boarding/lodging houses, rooming houses and dormitories. 4. It is recommended that the Zoning By-law be amended to include a definition for Single Housekeeping Unit to mean: one or more persons who agree to reside together, by choice or by relationship, within a dwelling unit, sharing the responsibilities of household duties such as cleaning, maintenance and meal preparation. 5. It is recommended that the Zoning By-law be amended to include a definition for Kitchen to mean: a room or space within a residential suite used primarily for the preparation and consumption of meals and for the storage of food, dishes, cutlery and ancillary appliances. 6. It is recommended that the Zoning By-law be amended to include a definition for Domicile to mean: a place of residence for more than a single month. 7. It is recommended that the Zoning By-law be amended to include a definition for Dormitory to mean: a building or portion thereof used for the temporary residential accommodation of more than 20 persons attending an institution of higher learning. 8. It is recommended that the Zoning By-law definition for Student Residence be deleted. 9. It is recommended that the definition of a Boarding, Lodging, Rooming House be deleted and replaced with the following: a) Boarding/Lodging House shall mean an owner-occupied house where lodging is provided for one or more persons in return for remuneration or for the provision of services or for both, and where meals are provided for the boarders, or where boarders are allowed access to the kitchen. b) Rooming House shall mean a house, other than a boarding/lodging house, a dwelling unit, a group home or a dormitory where lodging is provided for one or more persons in return for remuneration or for the provision of services or for both. 10. It is recommended that the term Boarder and Roomer be deleted. 11. It is recommended that small and large forms of Boarding/Lodging and Rooming Houses be defined. 12. It is recommended that the following definitions be included and/or replaced in the Zoning By-law which better distinguish and more clearly define the difference between a Boarding/Lodging House and a Rooming House.

99 STAFF REPORT PLN February 28, 2005 Page: 51 File: D14TE-BOA Pending #: 13. A Boarding/Lodging House (small) shall mean: an owner-occupied house where lodging is provided for no more than 3 persons in return for remuneration or for the provision of services or for both, and where meals are provided for the boarders or where boarders are allowed access to the kitchen. 14. A Boarding/Lodging House (large) shall mean: an owner-occupied house where lodging is provided for more than 3 persons in return for remuneration or for the provision of services or for both, and where meals are provided for the boarders or where boarders are allowed access to the kitchen. 15. A Rooming House (small) shall mean: a house, other than a boarding/lodging house, a dwelling unit, a group home, or a dormitory where lodging is provided for no more than 6 persons in return for remuneration or for the provision of services or for both. 16. A Rooming House (large) shall mean: a house, other than a boarding/lodging house, a dwelling unit, a group home or a dormitory where lodging is provided for more than 6 persons in return for remuneration or for the provision of services or for both. Zoning Standards 17. It is recommended that the zoning standards for Boarding/Lodging and Rooming Houses be established and included in Section 5 of the By-law, as identified below: 18. A Boarding/Lodging House (small) a) Shall be permitted in all residential zones. b) That except as noted herein, the Boarding/Lodging House (small) comply with all development standards of a dwelling unit. c) That each sleeping room or suite to be rented have a minimum 7m 2 (75 sq. ft.) of habitable living space. d) That the aggregate floor area of all sleeping rooms not exceed 40% of the total habitable living space. e) Shall provide on-site parking of at least one off-street parking space for the owners, plus 1 additional parking space for every 2 boarders or lodgers, for a minimum of 2 parking spaces. f) Tandem parking shall be permitted. 19. A Boarding/Lodging House (large) a) Shall be permitted in RM2, RA1 and RA2 residential zones. b) That except as noted herein, the Boarding/Lodging House (large) comply with all development standards of a dwelling unit. c) That each sleeping room or suite to be rented have a minimum 7m 2 (75 sq. ft.) of habitable living space. d) Shall provide on-site parking of at least one off-street parking space for the owners, plus one additional parking space for every two boarders or lodgers, for a minimum of three parking spaces.

100 STAFF REPORT PLN February 28, 2005 Page: 52 File: D14TE-BOA Pending #: e) Tandem parking shall not be permitted. 20. A Rooming House (small) a) Shall be permitted in all residential zones. b) That except as noted herein, the Rooming House (small) comply with all development standards of a dwelling unit. c) Where a kitchen is provided, there shall be no more than one kitchen that must be accessible to at least two of the rented rooms. d) That each sleeping room or suite to be rented have a minimum 7m 2 (75 sq. ft.) of habitable living space. e) That the aggregate floor area of all sleeping rooms not exceed 40% of the total habitable living space. f) Shall provide on-site parking of at least one parking space be provided for every two roomers accommodated. g) Tandem parking shall be permitted. 21. A Rooming House (large) a) Shall be permitted in RM2, RA1 and RA2 zones. b) Where a kitchen is provided, there shall be no more than one kitchen that must be accessible to at least two of the rented rooms. c) That each sleeping room or suite to be rented have a minimum 7m 2 (75 sq. ft.) of habitable living space. d) Shall provide on-site parking of at least one parking space for every two roomers accommodated. e) Tandem parking shall not be permitted. 22. Dormitory a) Shall be permitted in RM2, RA1 and RA2 zones as well as Institutional I zones as associated with the campus of an accredited college or university or trade school. b) Suites containing a kitchen, at least one bathroom and a sleeping area shall be regarded as a separate apartment dwelling unit. c) One kitchen shall be provided for no more than 20 students. d) That each sleeping room or suite to be rented have a minimum of 7m 2 (75 sq. ft.) of habitable living space. e) Shall provide on-site parking of at least one parking space for every two students accommodated. f) Tandem parking shall not be permitted. 23. It is recommended that enforcement of Zoning and Property Standards By-laws be increased and be concentrated during certain periods of the year (between August and October and April) and implemented within the Georgian College area and any historical problem areas.

101 STAFF REPORT PLN February 28, 2005 Page: 53 File: D14TE-BOA Pending #: 24. It is recommended that the Barrie Police Service be encouraged to exercise their authority on a zero tolerance basis for noise and behaviour violations involving activities within residential zones located around the Georgian College area, subject to available resources. 25. It is recommended that the City of Barrie s Council Policy Manual be amended to include proactive or increased enforcement of Zoning and Property Standards By-laws within the Georgian College area between the months of August and October and in the month of April. 26. It is recommended that the Licensing By-law be amended to include Zoning By-law definitions for Boarding/Lodging and Rooming Houses as contained in this staff report. 27. It is not recommended that the City of Barrie impose a Minimum Distance Separation between Boarding/Lodging or Rooming Houses. 28. It is recommended that the implementation, enforcement and licensing of Boarding/Lodging and Rooming Houses be monitored for one year and that staff in the Building Services and City Clerk s Office report back to General Committee with recommendations as required (including recommendations regarding increased staffing and the costs associated with the level of service provided by all affected departments).