Minutes
Development Services Public
Meeting
October 3, 2017 - 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 (left 9:00)
|
Chris Alexander, Acting Manager,
By-law Enforcement and
Regulatory Services
Ron Blake, Senior Development
Manager
Geoff Day, Senior Planner, Zoning
& Special Projects
Bradley Roberts, Supervisor, Zoning
Tom Villella, Manager, Zoning and
Special Projects
Kitty Bavington, Council/Committee Coordinator
|
Regrets
The Development Services
Public Meeting convened at 7:06 PM in the Council Chamber with Councillor Don
Hamilton in the Chair.
DISCLOSURE OF PECUNIARY INTEREST
-
None Declared
1. INFORMATION REPORT
UPDATE ON PHASE 3A OF
MARKHAM’S NEW COMPREHENSIVE
ZONING BY-LAW PROJECT –
ROOMING HOUSES
AND SHORT-TERM ACCOMMODATIONS
FILE NO. PR 13 128340 (10.5)
Report
The Public Meeting this date was to
consider Official Plan and Zoning By-law amendments for rooming houses and
short-term accommodations.
The Committee Clerk advised that Notice was city-wide and placed in the
September 14, 2017 editions of both Markham Economist and Sun, and Thornhill
Liberal newspapers. Interested parties were also notified by mail or email. Two
written submissions were received regarding this proposal.
Tom Villella, Manager, Zoning and
Special Projects, provided a brief overview of Phase 3A of Markham’s New
Comprehensive Zoning By-law Project, specifically with respect to rooming
houses and short-term accommodations, and to outline next steps.
John Gladki of Gladki Planning
Associates, consultant for the City, gave a presentation on rooming houses and
short-term accommodations with respect to policies, issues, and recommendations.
The Committee discussed the following:
Rooming
Houses
-
Clarify the definition of 'small
scale' criteria for rooming houses.
-
The home owner would not be
required to inhabit the residence; the occupants or ‘principle occupant’ would
be responsible for maintenance and care of the building and property. This
cannot be specified in a Zoning By-law but can be specified through licensing.
-
Clarify that the criteria in the Official
Plan is to assist in evaluating applications within specific zones where the
use may be permitted.
-
As long as the definition is in
the by-law for enforcement purposes, criteria are not essential.
-
Differentiate between lodging
rooms, dwelling units, rooming houses, and shared housing, using terminology
that is enforceable.
-
The definition of collector road
was questioned with respect to the criteria of ‘adequately served by public
transit’. It was suggested that ‘collector’ be removed and that maps be
attached to identify which roads are arterial or collector roads.
-
Fire safety issues for rooming
houses were discussed.
-
It was suggested that micro-apartments
could be an alternative to rooming houses, to ensure proper maintenance of the individual
units.
Short-Term Accommodations (STA)
-
Clarify the definitions of Bed
& Breakfast, and short term accommodations.
-
Clarify the criteria to permit the
use in Main Street Heritage areas.
-
A review of the correspondence
received will be included in the staff report.
Perry Mark, an AirBnB host, spoke in opposition to proposed
restrictions placed on the use, outlining his experience as a successful host
with no complaints. Mr. Mark suggested that it is the responsibility of the
property owner to ensure proper checks and balances are in place, and he
explained screening processes and some parking options. Income statements are
provided from AirBnB for income tax reporting purposes.
It was noted that some Condo Corporations do not permit such subletting
arrangements.
Angie Dornai, an AirBnB host, supports the use as it that enables her
to afford to live in Markham and provides companionship.
Alan Adams spoke in opposition to both rooming houses and STAs, with
respect to absent owners and the lack of maintenance and care and impacts on
municipal services. Mr. Adams supports restrictions on collector roads and the
60 day limit, and suggests a limitation on the number of people per room. These
are businesses and should be taxed as such, with registration and fees to cover
enforcement costs.
Staff advised that the Zoning By-law cannot regulate the number of
people per room. The Committee commented on the burden to infrastructure that
the additional residents-per-household can cause.
Billy V. Gardanis, spoke in opposition to rooming houses, suggesting
that that not all owners are as conscientious as the previous speakers, and
that they can result in overcrowded residences. Mr. Gardanis suggested
researching the regulations adopted by other municipalities with respect to
rooms being restricted to the exclusive use of the renter, and identifying the use
as a single housekeeping suite. He recommended that the City enforce returning
non-compliant units back to the original layout, and ensure that they are safe
for the neighbours as well as the occupants.
Staff advised that non-compliance is difficult to enforce as they cannot
enter a premises without a warrant.
David McBeth spoke in opposition to rooming houses beyond a single room
and guest, with the owner being present. Mr. McBeth does not support AirBnBs,
and cited incidents of fraud, suggesting that the AirBnB organization should
review its screening and registration processes.
Anna Cass spoke in support of AirBnBs, a large, successful,
self-regulated organization. Ms. Cass stated that Toronto is the economic
engine of Canada with many visitors and immigrants needing flexible accommodations.
As an empty-nester, Ms. Cass appreciates the benefits of this opportunity at
her home, and described some of her renting experiences. In response to
questions, Ms. Cass indicated she would not object to limiting the number of
renters, but did not agree with taxing each bed the same as hotels, and suggested
that having a property manager nearby would work as well as owner-occupancy.
Kal Kurm spoke in support of AirBnBs, stating that he has used the
coach house at his home in Cornell for that purpose, and it is typically booked
11 months of the year. Mr. Krum questioned the need to cap the use to 60 days
per year. He suggested that fraud and identity theft can occur in many
instances, not just AirBnBs. In response to questions, he advised that he was
made aware of this Public meeting through an email from AirBnB.
Geoff Pyne, representing the Unionville Ratepayers Association, stated
support for rooming houses with stipulations, including: they should be
licensed; meet all safety requirements; restricted to owner occupancy; require
zoning amendments, not as-of-right except in intensification areas; and other
restrictions. STAs offer benefits and should be permitted as of right provided
they are in in an owner-occupied primary residence, are registered with the
City, pay hotel tax, there are restrictions on number of rooms rented, and
other restrictions.
Kevin Finn spoke in opposition to both uses, as there is no limitation or
restriction on the number of units or people in a house; there are no guarantees
that all owners and tenants would be diligent and responsible; it is difficult
for enforcement and police to get involved when necessary; and fire code issues.
Mr. Finn stated that he bought his single-family home for his family and he wants
to know who his neighbours are. He agreed that the restriction for the use on larger
streets is appropriate, and he questioned insurance coverage and liability for
such uses. In response to questions, Mr. Finn advised that he learned of this
Public Meeting through the newspaper.
Alick Siu spoke in support of both uses and displayed figures from the
2016 Census for family income and affordable rental costs in Markham, and
discussed providing affordable housing for the future. The Committee discussed
City/Regional initiatives for affordable housing, and noted that STAs are not a
long-term affordable housing solution.
Sam Orrico spoke of his experience coming to this country and needing
an affordable place to live. Mr. Orrico supports the uses, with by-laws and
regulations for safety issues.
Christian Ali spoke in support of the uses, stating that affordable housing
is not getting easier and this could be a consumer-centric approach to filling
the housing gap. There have been some bad experiences with AirBnBs, but most
owners would need it to be a viable business and would not do anything
irresponsible, and there is a lots of pride in being a super-host. Mr. Ali is
in a non-resident owner situation, living in one home and renting out a second
home for 45 weeks of the year. Mr. Ali has no concerns with registration, he pays
proper income tax, parking is included on the site, and the townhouse condo
corporation has not objected to the rental. He stated that it is the
responsibility of the owner to vet renters and avoid bad situations, suggesting
that Markham attracts families, while the partyers go to Toronto.
The Committee noted that a representative of the AirBnB organization at
the previous Public Meeting had stated that these are not businesses, they earn
a small income, and they do not want to have to pay taxes as suggested. The
Committee had no concern that AirBnB emailed its associates regarding this
Public Meeting, but questioned why the public that had spoken against the proposed
uses in the past were not in attendance.
The Committee thanked the public for their attendance and comments, and
advised that the comprehensive final report will be a cross-commission
collaboration to address all the issues raised. Staff were requested to hold an
optional training session for Council members.
Moved by: Councillor Amanda Collucci
Seconded by: Councillor Valerie Burke
1)
That the written submissions from Cindy
Breslin-Carere of Cachet Estates Ratepayers’ Association, and Alex Dagg of AirBnB,
regarding Zoning By-law amendments for rooming houses and short-term
accommodations be received; and,
2)
That the deputations by Perry
Mark, Angie Dornai, Alan Adams, Billy V. Gardanis, David McBeth, Anna Cass, Kal
Kurm, Geoff Pyne, Kevin Finn, Alick Siu, Sam Orrico, and Christian Ali,
regarding Zoning By-law amendments for rooming houses and short-term
accommodations be received; and,
3) That the Development Services
Commission report dated September 25, 2017 titled “INFORMATION REPORT - Update
on Phase 3A of Markham’s New Comprehensive Zoning By-law Project – Rooming
Houses and Short-Term Accommodations, File No. PR 13 128340”, be received; and,
4) That the record of the Public Meeting
held on October 3, 2017 with respect to the proposed Official Plan and Zoning
By-law Amendments regarding the matter of rooming houses and short-term
accommodations, be received; and further,
5) That the Official Plan and Zoning By-law Amendments, be
referred back to staff for a comprehensive
interim report by appropriate departments, for
consideration by Development Services Committee in late
January, 2018, followed by a final report to a special evening Development
Services Committee meeting in February, 2018.
CARRIED
ADJOURNMENT
The Development Services
Public Meeting adjourned at 10:35 PM.
Alternate formats for this document
are available upon request.