Minutes
Development Services Public
Meeting
December 6, 2016 - 7:00 PM
Council
Chamber
Meeting No. 10
All
Members of Council
Development
Services
Chair: Regional Councillor Jim Jones
Vice-Chair: Councillor Don Hamilton
Attendance
|
Councillor Alex Chiu
|
Jim Baird, Commissioner of
Development Services
Chris Alexander, Acting Manager of By-law
Enforcement and Regulatory Services
Chris Bird, Director of Building
Standards
Jamie Bosomworth, Manager, Strategy
and Innovation
Catherine Conrad, City Solicitor and
Acting Director of Human
Resources
Stephanie Di Perna, Manager of Plans Review
Adam Grant, Deputy Fire Chief
Anna Henriques, Senior Planner, Zoning
and Special Projects
Biju Karumanchery, Director of
Planning and Urban Design
Joel Lustig, Treasurer
Bradley Roberts, Supervisor of Zoning
Andrea Tang, Senior Manager,
Financial Planning
Tom Villella, Manager, Zoning and
Special Projects
Kitty Bavington, Council/Committee Coordinator
|
The Development Services
Public Meeting convened at 7:02 p.m. in the Council Chamber with Regional
Councillor Jim Jones in the Chair. Councillor Don Hamilton assumed the Chair at
8:17 p.m.
DISCLOSURE OF PECUNIARY INTEREST - None
declared
1. DEVELOPMENT FEE AND
BUILDING FEE BY-LAWS UPDATE
(2017) (10.0)
Report Attachment
A Attachment
B Attachment
B - Revised Table 1
The Public Meeting this date was to
consider amendments to the Tariff of Fees for Processing Planning Applications
(Development Fee By-law) and the By-law respecting Construction, Demolition and
Change of Use Permits and Inspections (Building By-law).
The Committee Clerk advised that notice was published in the Markham
Economist and Sun, Markham Page and the Thornhill Liberal on November 10, 2016.
Notice was also mailed to all members of the Developers Group and to BILD.
Jamie
Bosomworth, Manager, Strategy and Innovation, and Andrea Tang, Senior Manager,
Financial Planning, gave an overview presentation of the proposed Fee By-law
updates.
The Committee discussed volume of
development and multi-year reserve balances. Staff explained the rationale for
the 2017 adjustments and noted changes to the Building By-law for e-plan
implementation. To ensure e-plan success, an increase in fees of up to 2% may
be required to recover credit card administration costs, as well as an increase
of the credit card limit to $60,000. Staff will report back in early 2017 after
completion of the consultant review of individual application costs within the
Development Fee Bylaw.
Minor Variance fees do not cover the
full cost of processing, but it is important to make it a reasonable cost for
residents; however, a second tier cost for large-scale infill projects could be
considered. Adjustments for market trends and supply and demand were also
discussed.
Staff will make any necessary changes
prior to presentation to Council at the earliest opportunity, for adoption. There were no comments from the
audience on this matter.
Seconded by: Deputy Mayor Jack
Heath
1) That the Record of the Public Meeting
held on December 6, 2016, with respect to the proposed amendments to the
Development and Building Fee By-laws be received; and,
2) That the amendment to
the “Tariff of Fees for Processing Planning Applications,” By-law 211-83,
substantially in the form attached as Attachment "A", be enacted;
and,
3) That By-law 2015-166 be
repealed and the attached “By-law respecting Construction, Demolition and
Change of Use Permits and Inspections,” attached as Attachment “B”, be enacted;
and,
4) That the By-laws come
into force and take effect on January 1, 2017; and,
5) That staff, prior to
full implementation of e-plan by Building Standards, be authorized to increase
all fees in the By-law respecting Construction, Demolition and Change of Use
Permits and Inspections by up to 2% for administrative costs and to increase
the credit card limit for building applications to $60,000; and,
6) That Staff be authorized
to update the Payment Acceptance Policy accordingly; and further,
7) That Staff be authorized
and directed to do all thing necessary to give effect to this resolution.
CARRIED
2. NEW COMPREHENSIVE ZONING BY-LAW PROJECT
PHASE 3A - SECONDARY SUITES,
ROOMING HOUSES
AND SHORT TERM ACCOMMODATIONS
IN MARKHAM
PR 13 128340 (10.5)
Report
The Public Meeting this date was to
consider Zoning By-law amendments for rooming houses, secondary suites and
short-term accommodations.
The Committee Clerk advised that 137 notices were mailed on November
16, 2016, and notice was published in the Markham Economist and Sun, Markham
Page and the Thornhill Liberal on November 17, 2016. Notice was also sent to
the Ministry of Municipal Affairs and local MPPs.
Fourteen written submissions were received regarding this proposal,
including three submissions received at the Public Meeting.
Jim Baird, Commissioner of Development
Services, introduced this matter. Anna Henriques, Senior Planner, Zoning and Special
Projects, gave a brief overview of the Comprehensive Zoning By-law project and
introduced consultant John Gladki of
Gladki Planning Associates.
Mr. Gladki gave
a presentation to outline the process to date and to summarize the feedback
received and the recommendations for consideration:
Second Suites: permit one dwelling unit in a detached house, semi-detached house, or
townhouse in any zone (excluding Special Policy Areas and Markham Centre), with
provisions and conditions, including updates to the Registration By-law, the
Property Standards By-law, and a public communication/education program.
Rooming Houses: do not permit “as of right” in any zone, but use may be considered on a
site-specific basis through a zoning by-law amendment or variance; and, add
relevant definitions to the zoning by-law.
Short Term Accommodation: do not permit “as of right” in any zone, but
use may be considered on a site-specific basis through a zoning by-law
amendment or variance; and, add a definition to the zoning by-law.
Tom Chan spoke of concerns regarding property maintenance, disruptions
to neighbours, increased demands to City services, and increased traffic. Mr.
Chan suggested that basement apartments are not safe or profitable, and that the
government should provide public housing to address the shortage of housing.
Sam Oricco discussed safety issues and spoke of his experience with
house fires.
Sta Kuzviwanza spoke on behalf of over 100 AirBnB hosts in Markham and
explained that home-sharing is making a real difference to the owners, who
typically rent one room in their homes for a total of 35 nights per year,
earning approximately $2500 per year. It was requested that the by-laws provide
flexibility to allow AirBnB hosts the opportunity to be able to earn a modest
income and contribute to the local economy. Hosts try to be responsible and considerate
to their neighbours, and are willing to work with the community to resolve any
issues that may arise. There is a 24/7 on-line tool on the AirBnB website to
report any problems. The Committee requested a copy of Ms. Kuzviwanza’s
deputation.
The Committee questioned enforcement of problem situations that the
residents in Markham have been experiencing. Ms. Kuzviwanza advised that their
organization has stringent standards and complaints have been rare. Hosts
receiving chronic complaints are removed from their register; however, there
are other rental accommodation platforms within Markham that may be causing the
problems. The Committee referred to correspondence from the Greater Toronto
Hotel Association regarding competition issues, and questioned if the AirBnB
hosts report their income. Ms. Kuzviwanza stated that the hosts are encouraged
to report their income.
The Committee suggested the possibility of limiting Airbnbs to one room
within the house and to require owner occupancy. Staff advised that owner
occupancy cannot be regulated through a zoning by-law, but this can potentially
be regulated through licensing.
Geoff Pyne, representing the Unionville Residents Association, spoke in
support of the recommendation for secondary suites, with additional conditions such
as: inspections by Fire and By-law Enforcement Departments; provision of at
least one additional parking space; and, recognition of the additional burden
on garbage, recycling, transit, and other City services. The Association supports
the recommendation to better define rooming houses, but the requirement for
zoning or variances which include public consultation, they have a concern with
the processes which are arduous, time-consuming and arbitrary, and may result
in illegal units. They recommend restricting the use to owner-occupied homes in
existing or new intensification areas, licensing to a specific number of
occupants with appropriate fees, compliance with Fire Department regulations, additional
parking, recognition of the additional burden to City services, and
implementing a fine for non-compliance. The Association also supports the
recommendations to better define short term accommodations, but does not
support the implementation process requiring zoning amendment or minor variance,
as noted with rooming houses. Mr. Pyne concluded that the proposal would not
address “party houses” and recommended an owner–occupied requirement, with
appropriate fees or hotel tax. There is an overall concern with enforcement,
and he suggested that any additional staff that may be required could be funded
by license fees and hotel taxes.
Kim Tsao spoke on behalf of the residents of Hollyhock Street, and
submitted a letter outlining their concerns for commercial operations where the
entire house is rented out and the owner is absent, such as is the case at a
house on her street. Ms. Tsao suggested that the owner of that particular house
would not likely apply for a variance, so the proposed regulations would be ineffective.
Heavy fines are more likely to prevent STAs. Ms. Tsao also suggested that the AirBnB
platform has helped to remove the commercial operators, and she encouraged the
City to work with them. It was noted that some renters move in with their own
furniture, causing additional neighbourhood turmoil of frequent moving trucks.
The City Solicitor advised that no one can be prevented from applying
for a zoning amendment or a variance, and the City cannot regulate the people who
live there. Licensing regulations provide the best control but a planning regime
of zoning and possibly Official Plan amendments can be a deterrent. Second
suites are legislated by the Province to be permitted.
The Committee questioned if the commercial use of the dwelling would be
taxed on a commercial or residential basis. Staff will report back on this.
Dan Periasamy spoke in opposition to businesses operating within a
neighbourhood, and noted a house that advertised six rooms for rent on his
street. He suggested that there are too many unknowns involved, and the use
should only be permitted in commercial areas, paying commercial taxes. Mr.
Periasamy stated that Markham is a community for young, hard-working families,
not for home-sharing.
David McBeth referred to his letter of October 6, 2016 and spoke in support
of owner-occupied uses for second suites and rooming houses. Staff advised that
the City cannot people-zone but could potentially require owner occupancy
through licensing regulations. Staff confirmed that a Police representative had
been notified of tonight’s meeting.
George Kallianteris spoke in opposition to legalizing the uses. He referred
to statistics regarding opportunities for criminal activities, and questioned
if background checks can be required for renters. Mr. Kallianteris suggested that
short term rentals negatively impact legitimate long term rental businesses and
affordable housing initiatives. He also suggested that the illegal businesses
avoid paying their share of taxes and leave the burden of extra City services
and By-law Enforcement to the taxpayers.
The Committee questioned if the uses can be restricted near schools and
daycares. Staff advised that the proposed process of only allowing the use
through a zoning by-law amendment or minor variance would ensure that
applications were properly vetted with the community, and ensure that it is in
a suitable location.
Alena Gotz, representing the Aileen Willowbrook Ratepayers Association,
displayed a news article about criminal activity in a Toronto AirBnB. Ms. Gotz
advised that while she and her family recently used AirBnBs in Europe for economic
vacation accommodations, she could not see that there would be a need for such
tourist accommodations in Markham. Ms. Gotz suggested that the establishments
be required to fund neighbourhood beautification projects and to ensure their
properties are maintained. Ms. Gotz requested clarification on the term “close
proximity to transit”.
Priti Sehgal spoke of the changes in demographics in Markham, and the
visual effect created by having bicycles chained to trees and posts. Ms. Sehgal
advised that there are lots of rooming houses in her neighbourhood with many
rooms being rented, and spoke of the unfairness of no additional taxes being
paid by owners who are making money from these establishments while creating a
bigger burden on City services. In one instance, 18 people were evicted from a
house, but the rental operation has since started again. By-law Enforcement and
the Fire Department have not been able to provide assistance when late night disturbances
are reported, and with respect to safety issues. Ms. Sehgal requested that the
City and community work together, and that staff keep the residents informed.
Adam Grant, Deputy Fire Chief, and
Chris Alexander, Acting Manager of By-law Enforcement and Regulatory Services,
responded to questions regarding the process for enforcement.
Billy V. Gardanis discussed affordable housing issues and stated his support
for second suites. He did not support AirBnBs as they are a commercial business,
and he suggested that the City work with the hotel industry to restrict this
use. Mr. Gardanis suggested that neighbours would not want to live near a rooming
house, as they would have to be completed retrofitted and would need additional
parking – in his area, one house was housing 22 people. Mr. Gardanis suggested
that the City of Oshawa has successfully defended restricting the land use in
their zoning by-law, and he also suggested that York University take
responsibility for housing their students.
Evelin Ellison advised that the specific rooming house issue referred
to by Ms. Sehgal has been ongoing since 2008, and suggested that more by-law
enforcement resources are required. Ms. Ellison noted that second suites are
being built into new, large homes and should be identified by Building
Department staff when plans are submitted. Another concern is the number of
vacant houses that are readily available for rent for party purposes.
Mayrose Gregorios noted that most people take care of their properties.
She suggested that this is a band-aid solution for the housing shortage and
that a strategic approach is needed for projects such as the Unionville Society
housing proposal as well as the university students.
The Committee discussed interior
property standards and enforcement issues. It was suggested that certain areas
be restricted from these uses. Staff advised that the use cannot be banned in
the zoning by-law, and that the strategy is to identify regulations and review
processes for by-law enforcement purposes.
The Committee requested that this matter be reported back to
Development Services Committee for discussion during a regular day meeting, and
that a special DSC evening meeting be held for public consultation, prior to
passing. The Committee thanked the residents for their comments.
Moved by: Deputy Mayor Jack Heath
Seconded by: Councillor Logan Kanapathi
1)
That the written submissions from
Jim and Diane Wilson, Suzane Grattan, Sue Irving, Anne Carrier, Dr. Albert
Bissember, June Sing, Lorrie Sands, Malcolm Lennox, Tanya Lee, Bernice Royce,
Terry Mundell and Tony Ellis of the Greater Toronto Hotel Association, Anderson
and Tracy Coward, Kim Tsao, and Geoff Pyne, regarding Phase 3A of Markham’s New
Comprehensive Zoning By-law Project, be received; and,
2) That the deputations by Tom Chan, Sam
Oricco, Sta Kuzviwanza on behalf of AirBnB, Geoff Pyne, representing the
Unionville Residents Association, Kim Tsao on behalf of the residents of
Hollyhock Street, Dan Periasamy, David McBeth, George Kallianteris, Alena Gotz,
representing the Aileen Willowbrook Ratepayers Association, Priti Sehgal, Billy
V. Gardanis, Evelin Ellison, and Mayrose Gregorios, regarding Phase 3A of
Markham’s New Comprehensive Zoning By-law Project, be received; and,
3) That the Information Memo dated
November 21, 2016 entitled “INFORMATION MEMORANDUM, Update on Phase 3A of
Markham’s New Comprehensive Zoning By-law Project & Next Steps, File No. PR
13 128340” be received; and,
4) That the record of the Public
Meeting held on December 6, 2016 with respect to Phase 3A of Markham’s New
Comprehensive Zoning By-law Project, File No. PR 13 128340, be received; and,
5) That the matter be referred back to
Staff for a report and recommendation; and further,
6) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
ADJOURNMENT
The Development Services
Public Meeting adjourned at 10:50 PM.
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are available upon request.