Special Development Services Committee Minutes
March 27, 2018, 7:00
PM to 10:00 PM
Council Chamber
All
Members of Council
Development
Services Issues
Chair: Regional Councillor Jim
Jones
Vice-Chair: Councillor Don Hamilton
Attendance
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Councillor Alex Chiu
Regrets
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Andy Taylor, Chief Administrative
Officer
Trinela Cane, Commissioner of
Corporate Services
Brian Lee, Acting Commissioner of
Development Services
Brenda Librecz, Commissioner of
Community & Fire Services
Ron, Blake, Senior Development
Manager
Catherine Conrad, City Solicitor and
Acting Director of Human
Resources
Kimberley Kitteringham, City Clerk
Geoff Day, Senior Planner, Zoning
& Special Projects
Biju Karumanchery, Director of
Planning and Urban Design
Brad Roberts, Manager, Zoning and
Special Projects
Mark Visser, Senior Manager,
Financial Strategy & Planning
Adam Grant, Deputy Fire Chief
Christopher Alexander, Acting
Manager, By-law Enforcement
& Regulatory Services
Alida Tari, Council/Committee Coordinator
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The Special Development
Services Committee convened at the hour of 7:05 p.m. in the Council Chamber
with Regional Councillor Jim Jones in the Chair.
Development Services Committee recessed at 9:10 PM and
reconvened at 9:20 PM.
DISCLOSURE OF PECUNIARY INTEREST
None disclosed.
1. 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)
Presentation
Note: For background information, attached is the
staff report considered at the
February 26, 2018 Development
Services Committee.
Report Appendix
1 Appendix
2 Appendix
3
Brad Roberts, Manager, Zoning and Special Projects
delivered a PowerPoint presentation regarding second suites, rooming houses and
short-term accommodations.
Mark Visser, Senior Manager, Financial Strategy &
Planning delivered a PowerPoint presentation regarding second suites, rooming
houses and short-term accommodations outlining the financial implications.
Christopher Alexander, Acting Manager, By-law
Enforcement & Regulatory Services addressed the Committee and outlined the
key benefits to licensing short term accommodations.
The Committee discussed the following with respect to
second suites:
·
Whether residents will come
forward to comply with the proposed by-law if they have a second suite in their
dwelling
·
What other surrounding
jurisdictions encountered on residents complying when they enacted a by-law to
permit second suites
·
Does a registered second suites
increase the property value through the Municipal Property Assessment
Corporation (MPAC) assessment
·
Provincial legislation relative to
the permission of second suites
The Committee discussed the following relative to
rooming houses:
·
How can other municipalities apply
distance separations, but the City of Markham is not recommending it
The Committee discussed the following regarding
short-term accommodations:
·
Difference between bed and
breakfast versus short-term accommodations
Billy V. Gardanis addressed the Committee regarding
second suites, rooming houses and short-term accommodations and spoke in
opposition to permitting rooming houses.
He believes that more work needs to be completed prior to a final
decision.
Soo Kim addressed the Committee with respect to second
suites, rooming houses and short-term accommodations and spoke in opposition with
permitting these uses. She stated concerns with homes in her neighbourhood that
are currently renting their dwelling through Airbnb and have noisy and
distributive individuals renting it.
Christine Bergaurer-Free addressed the Committee
regarding second suites, rooming houses and short-term accommodations and
stated concerns with permitting these uses.
Laura Galati, on behalf of Markville Village
Conservation Resident Association addressed the Committee with respect to
second suites, rooming houses and short-term accommodations and stated concerns
with permitting these uses.
Linda Ngo-Chan addressed the Committee regarding
second suites, rooming houses and short-term accommodations and stated concerns
with permitting these uses.
Jim Bilkas addressed the Committee with respect to
second suites, rooming houses and short-term accommodations and spoke in
opposition with permitting these uses.
Lauren Rego addressed the Committee regarding second
suites, rooming houses and short-term accommodations and spoke in opposition
with permitting these uses. She believes
the community safety must come first.
Victoria Bisbach addressed the Committee with respect
to second suites, rooming houses and short-term accommodations and stated
concerns with permitting these uses.
Sam Orrico addressed the Committee regarding second
suites, rooming houses and short-term accommodations.
Mohamed Chebaro addressed the Committee with respect
to second suites, rooming houses and short-term accommodations and stated
concerns with permitting these uses especially the use of Airbnb rentals.
Ann Robertson addressed the Committee with respect to
second suites, rooming houses and short-term accommodation and spoke in
opposition with permitting these uses.
She believes that these permissions are associated with illegal
activities.
There was discussion regarding condos having the
ability to include prohibitions against short-term rentals in their condominium
rules and declarations.
Kevin Finn addressed the Committee regarding second
suites, rooming houses and short-term accommodations and spoke in opposition
with permitting these uses. He believes
enforcement is essential.
Alan Adams addressed the Committee with respect to
second suites, rooming houses and short-term accommodations and stated concerns
with permitting these uses. He believes
that there should be a fee associated if these uses are permitted.
Vivelinda Ribau addressed the Committee regarding
second suites, rooming houses and short-term accommodations and spoke in
opposition with permitting these uses.
She believes that the main issues with these permissions is safety for
the existing communities.
Geoff Pine addressed the Committee with respect to
second suites, rooming houses and short-term accommodations. He supports staff proposal to not permit
rooming houses. Mr. Pine supports the
permission of second suites. He believes
that short-term accommodations should only be permitted in an owner occupied
dwelling, and with various other restrictions.
The Committee discussed the difficulties associated to
delivering the enforcement with the rules associated to permitting short-term
accommodations.
Priti Sehgal addressed the Committee regarding second
suites, rooming houses and short-term accommodations and stated concerns with
permitting these uses. She believes that
the increase in absentee homes owners who are not concerned with the safety of
their neighbours when renting their dwelling as a short-term accommodation.
Tarum Dewan addressed the Committee with respect to
second suites, rooming houses and short-term accommodations and stated concerns
with permitting these uses.
Alick Siu addressed the Committee regarding the second
suites, rooming houses and short-term accommodations and stated concerns with
permitting these uses.
Peter Miasek addressed the Committee with respect to
second suites, rooming houses and short-term accommodations and believes that
ensuring enforcement is essential for any of these permitted uses.
The Committee inquired what the average fines have
been achieved with zoning infractions.
It was noted that the Judge determines the fine amount of an infraction
not the City.
David Kim addressed the Committee regarding short-term
accommodations and spoke in opposition.
He believes that there is no benefit to the municipality permitting
short-term accommodations.
The Committee inquired whether short-term accommodations are currently
permitted in Markham. Staff advised that there is currently no definition of
“short-term accommodation” in any of the City’s by-laws. The absence of a
regulatory framework makes enforcement very problematic on a number of
fronts. Enforcement staff currently are addressing issues associated with
the short-term rental use (parking, noise, debris, etc.) but are unable to address
the use itself in an effective manner. There was discussion regarding
whether or not the City can use existing zoning regulations to prohibit
short-term accommodation. The Committee
was advised that it is not possible under current regulations to prohibit the
uses. Staff noted that a licensing geime
would provide the City with significant additional powers to regulate how these
businesses operate.
The Committee discussed the difficulty with balancing
the force of innovation such as the various online platforms, and the need to
create a regulatory framework to address issues associated with short-term
accommodations.
Staff noted that any regulations adopted must take
into account the resources required for administration and enforcement.
There was brief discussion regarding the potential to
require online platforms companies to remove problem listings, and whether they
should pay a licensing fee.
Moved by Regional Councillor Nirmala Armstrong
Seconded by Councillor Karen Rea
That the presentations by Brad Roberts, Manager,
Zoning and Special Projects; Mark Visser, Senior Manager, Financial Strategy
& Planning and Christopher Alexander, Acting Manager, By-law Enforcement
& Regulatory Services regarding second suites, rooming houses and short-term
accommodations be received; and,
That the deputations from Billy V. Gardanis, Soo Kim,
Christine Bergaurer-Free, Lauren Rego, Victoria Bisbach, Mohamed Chebar, Geoff
Pine, Priti Sehgal, Tarum Dewan, Sam Orrico, Linda Ngo-Chan, Jim Bilkas, Ann
Robertson, Kevin Finn, Alan Adams, Vivelinda Ribau, Laura Galati, Alick Siu,
Peter Miasek and David Kim, be received.
Carried
ADJOURNMENT
The Special Development
Services Committee meeting adjourned at 11:26 PM.
Alternate formats for this document
are available upon request.