Special Development Services Committee Minutes

May 22, 2018, 5:30 PM to 7:00 PM

Council Chamber

All Members of Council

 

Attendance

Mayor Frank Scarpitti Deputy Mayor Jack Heath Regional Councillor Jim Jones Regional Councillor Joe Li (6:00) Regional Councillor Nirmala Armstrong Councillor Valerie Burke Councillor Alan Ho Councillor Don Hamilton Councillor Karen Rea Councillor Colin Campbell Councillor Amanda Collucci (6:00) Councillor Alex Chiu   Regrets Councillor Logan Kanapathi

Andy Taylor, Chief Administrative Officer Arvin Prasad, Commissioner of Development             Services Trinela Cane, Commissioner of Corporate Services Chris Alexander, Acting Manager, By-law             Enforcement and Regulatory Services Ron, Blake, Senior Development Manager Catherine Conrad, City Solicitor and Acting             Director of Human Resources Geoff Day, Senior Planner, Zoning & Special             Projects Dave Decker, Fire Chief Biju Karumanchery, Director of Planning and    Urban             Design Kimberley Kitteringham, City Clerk Jody Parsons, Court Administration Coordinator Brad Roberts, Manager, Zoning and Special             Projects Jason Scovell, Fire Prevention Officer Mark Visser, Senior Manager Financial Strategy &             Investment Kitty Bavington, Council/Committee Coordinator

 

The Special Development Services Committee convened at the hour of 5:37 p.m. in the Council Chamber with Regional Councillor Jim Jones in the Chair.  

 

The purpose of this meeting is to review the proposed by-laws relating to Phase 3A of Markham’s New Comprehensive Zoning By-Law Project, and to discuss suggested changes to the Development Services Committee resolution of May 14, 2018, prior to consideration by Council on May 29, 2018.

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

             None declared

 

 

2.         COMMUNICATIONS

 

            There were no communications.

 

 

3.         RECOMMENDATION REPORT:
            PHASE 3A OF MARKHAM’S
            NEW COMPREHENSIVE ZONING BY-LAW PROJECT
            - ROOMING HOUSES, SHORT-TERM ACCOMMODATIONS
            AND SECOND SUITES
            FILE NO. PR 13 128340 (10.5)

 

For background information, the Committee had before it the following documents and the staff report considered at the May 14, 2018 Development Services Committee. An amended draft of the Nuisance By-law was also provided.

 

Presentation   Report

Presentation

Licence Fees By-law

Fire Fees By-law

OPA – Rooming Houses and Short-Term Accommodation

Public Nuisances By-law

Registration Second Suites By-law

Rooming House By-law

Second Suites By-law

Short-Term Accommodation By-law

 

 

Brad Roberts, Manager, Zoning and Special Projects, gave a presentation to review the following recommendation approved at the May 14, 2018 Development Services Committee meeting:

 

“1)       That the report dated May 14, 2018 titled, “RECOMMENDATION REPORT: Phase 3A of Markham’s New Comprehensive Zoning Bylaw Project – Rooming Houses and Short-Term Accommodations and Second Suites – File No. PR 13 128340” be received; and,

 

2)         That the Draft Zoning By-law to define Rooming Houses attached as Appendix ‘A’ be finalized and enacted without further notice; and,

 

3)         That the proposed modifications to the 2014 City of Markham Official Plan to define and adopt the criteria as amended to remove the reference to townhouses for Rooming Houses be finalized and adopted without further notice; and,

 

4)         That the proposed modifications to the 2014 City of Markham Official Plan attached as Appendix ‘B’, as amended only to define Short-term Accommodations be finalized and adopted without further notice; and,

 

5)         That the Draft Licensing By-law for Short-term Accommodations attached as Appendix ‘C’ be denied; and,

 

6)         That the Draft Public Nuisance By-law attached as Appendix ‘D’ be approved in principle and enacted as soon as possible without further notice; and,

 

7)         That a Zoning By-law only to define Short-term Accommodations attached be finalized and enacted without further notice; and,

 

8)         That the Draft Registration By-law for Second Suites attached as Appendix ‘F’ be finalized and enacted without further notice; and,

 

9)         That the Draft Zoning By-law to permit Second Suites attached as Appendix ‘G’ be denied; and,

 

10)       That Council deny an increase in the Fire Department full-time complement, for the hiring of one additional Fire Prevention Officer and associated vehicle; and,

 

11)       That the proposed fee increases and new fees be referred to the May 29, 2018 Council meeting as follows;

 

Department	Fee	Current	Proposed
Fire	Two Unit Residential Inspection Fee Two Unit Residential Registration Fee     Multiple Occupancy Residential Additional Re-inspection Fee	$339.50 $169.50 $508.50   $163.85/inspection	$1,800.00    $200.00 $2,000.00   $100.00/hour
By-Laws	Second Suite Property Inspection Fee   Second Suite Additional Re-Inspection Fee	None   None	$475.00   $100.00/hour
By-Laws	Short-term Accommodation Company Fee     Short-term Accommodation Licensing Fee	None       None	$5,000.00 one-time fee per company +$1/night booked   $50.00/operator/year

 

12)       That during the next Fee By-law update, the Building Department review and adjust their Accessory Apartment Fee as necessary, to achieve full administrative cost recovery, based on volume, in accordance with the Building Code Act subject to Council decision of the fee schedule; and,

 

13)       That staff monitor the volumes and impacts of Second Suites and Short-term Accommodations and, if necessary, bring forward changes to staffing levels and/or fees to attempt to maintain full administrative cost recovery when deemed appropriate; and further,

 

14)       That Staff be authorized to do all things necessary to give effect to this resolution.”

 

The Committee discussed the following:

 

Rooming Houses

-         The criteria of being within the urban boundary was questioned

 

Short-term Accommodations

-         As proposed, a by-law amendment would be required to permit this use

-         The cost of planning applications and revenue from fines were noted

-         It was suggested that the definition be amended from 180 to 60 days

 

Draft By-law for STA

       -    No comments

 

Draft Public Nuisance By-law

-         An amended draft by-law was provided to the Committee

-         Minor revisions were noted, and Section 2.3 was reviewed with respect to not prohibiting lawful demonstrations and similar events

-         The by-law is broad in scope in order to apply to all the listed public nuisances, not just party-related STA nuisances, and not just in residential areas

-         The by-law has been structured to address specific complaints received from the public and is intended to deal with matters/behaviours that exceed the boundaries of the subject property and that impact neighboring properties and residents

-         The by-law will not hinder or replace Police authority

-         Penalties (Sec. 5.1) for second offences, and daily fines, were clarified and will be reviewed

-         There is a separate by-law for noise from barking dogs

-         This by-law can be considered a consolidation of several of Markham’s existing regulations and can be used as an effective tool for staff and the Police

-         It was suggested by one member of Council that a modified version of Guelph's Nuisance Party By-law be implemented, with the possible inclusion of smoking and graffiti issues, to ensure this initiative is not too heavy-handed. Staff advised that smoking and graffiti are included in Markham’s Property Standards By-law.

 

Zoning By-law to define Short-Term Accommodations

-      The 180-day timeframe was considered

-      Rezoning requirements to permit the use were discussed

 

Draft Registration By-law for Second Suites

-         This modernizes the 1997 registration by-law

 

Draft Zoning By-law to permit Second Suites

-         The Committee did not support permitting Second Suites

-         Requirements under the Planning Act were reviewed. Although Provincial Policy requires municipalities to adopt by-laws to permit second suites, the timeframe for the City to permit the use is not specified in provincial legislation

 

Increase in Fire Department complement

-         The Committee did not support increasing the complement

-         It was questioned how the safety of affordable housing will be achieved without increasing the complement

-         Fire Department staff discussed managing and monitoring the demand

 

Proposed fee increase

       -    Draft By-laws are being provided

 

Fee By-law update

       -    This matter is deferred to Council

       -    A separate Public Meeting is required

 

Staff will monitor volumes and impacts

       -    There were no comments

 

 

This matter will be considered by Council on May 29, 2018. The Committee directed that the presentation be separated into four categories (Rooming Houses, Second Suites; Short-term Accommodations, Nuisance By-law) for easier understanding, and that public notification be provided on the City page of the local newspaper.

 

Moved by: Councillor Colin Campbell

Seconded by: Councillor Don Hamilton

 

1)         That the staff presentation regarding Phase 3A of Markham’s New Comprehensive Zoning By-Law Project – Rooming Houses, Short-Term Accommodations and Second Suites, and the draft Nuisance By-law, be received; and,

 

2)         That the presentation to Council on May 29, 2018 be separated into four categories (Rooming Houses, Second Suites; Short-term Accommodations, Nuisance By-law); and further,

 

3)         That public notification of the Council meeting on this matter be provided on the City page of the local newspaper.

CARRIED

 

 

4.         ADJOURNMENT

 

The Special Development Services Committee meeting adjourned at 6:53 PM.