MINUTES

DEVELOPMENT SERVICES PUBLIC MEETING

2008-05-20 - 7:00 p.m.

Council Chamber

Meeting No. 6

All Members of Council

Development Services

Chair: Councillor J. Webster

Vice-Chair: Councillor D. Horchik

Attendance

Mayor F. Scarpitti Deputy Mayor J. Heath Regional Councillor T. Wong Councillor V. Burke Councillor J. Virgilio Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Regional Councillor J. Jones Regional Councillor G. Landon Councillor E. Shapero

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services M. Boyce, Senior Policy Coordinator B. Karumanchery, Manager, East District V. Shuttleworth, Director of Planning and Urban Design N. Surti, Planner A. Tari, Committee Clerk

The Development Services Committee convened at 7:05 PM in the Councillor Chamber with Councillor J. Webster in the Chair.

DISCLOSURE OF PECUNIARY INTEREST

None disclosed.

1. NEAMSBY INVESTMENTS INC.
ZONING BY-LAW AMENDMENT
TO AMEND THE EXISTING HOLD PROVISION
ON CERTAIN LANDS NEAR THE NORTHWEST CORNER
OF MARKHAM ROAD AND STEELES AVENUE
FILE NO. ZA 08 107413 (10.5)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider a Zoning By-law Amendment application submitted by Neamsby Investments Inc. to amend an existing Hold provision on certain lands near the northwest corner of Markham Road and Steeles Avenue (ZA 08 107413).

The Committee Clerk advised that 128 notices were mailed on April 30, 2008, and a Public Meeting sign was posted on April 30, 2008. No written submissions were received regarding this proposal.

Staff advised that the applicant has requested: 1. that the remaining servicing allocation for these lands (299 units) be transferred to their Markham Centre project and 2. the existing Hold provision on the subject property be amended to prevent development until new servicing allocation is available and assigned to this project.

There were no comments from the audience with respect to this application.

The Committee suggested that a Community Information Meeting be held to update residents on what has occurred with these lands.

Moved by Councillor L. Kanapathi

Seconded by Councillor A. Chiu

That the record of the Public Meeting held on May 20, 2008, with respect to “Neamsby Investments Inc., Zoning By-law Amendment (ZA 08 107413) to amend the existing Hold provision on certain lands near the northwest corner of Markham Road and Steeles Avenue”, be received; and,

That the Zoning By-law Amendment application (ZA 08 107413) to amend By-law 90-81, as amended, submitted by Neambsy Investments Inc. to amend the existing Hold provision on certain lands near the northwest corner of Markham Road and Steeles Avenue, be approved and the draft Zoning By-law amendment be enacted without further notice.

CARRIED

2. ATTILIO VETTESE
APPLICATION FOR ZONING BY-LAW AMENDMENT
AND DRAFT PLAN OF SUBDIVISION APPROVAL
(19TM-0800001) TO PERMIT RESIDENTIAL DEVELOPMENT
AT 7085 14^TH AVENUE
(ZA 08 110187 AND SU 08 110200) (10.5, 10.7)

Report Attachment

The Chair advised the subject of the Public Meeting this date was to consider applications submitted by Attilio Vettese for Zoning By-law Amendment and Draft Plan of Subdivision to permit the development of a residential subdivision (ZA 08 110187 & SU 08 110200)

The Committee Clerk advised that 60 notices were mailed on April 30, 2008, and a Public Meeting sign was posted on April 30, 2008. No written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues. Staff advised that one of the primary objectives of this application is to obtain the property for the right of way for the construction of the Donald Cousens Parkway as a condition of the draft plan of subdivision.

There were no comments from the audience with respect to this application.

Moved by Mayor F. Scarpitti

Seconded by Councillor L. Kanapathi

That the record of the Public Meeting held on May 20, 2008, with respect to “Attilio Vettese. Applications for Zoning By-law Amendment and Draft Plan of Subdivision Approval (19TM-0800001) to permit residential development at 7085 14^th Avenue”, be received; and,

That the applications be referred back to staff for a report and recommendation.

CARRIED

3. PUBLIC INPUT ON PROPOSED
NEW STRATEGY FOR SECOND SUITES (10.0)

Report Appendix A Appendix B Appendix C Appendix D Draft By-law

Summary Package

The Chair advised the subject of the Public Meeting this date was to consider Town initiated amendments to the Town's Zoning By-laws to permit second suites (eg. basement apartments) in single detached and semi-detached houses, subject to requirements (MI-464).

The Committee Clerk advised that 755 notices were mailed on April 30, 2008, and that a Public Meeting notice was also published in the Markham Economist and Sun, Markham Page and Thornhill Liberal on May 1, 2008. Seventeen written submissions were received regarding this proposal.

Ms. Valerie Shuttleworth, Director of Planning and Urban Design, delivered a PowerPoint presentation regarding the strategy for second suites. She advised the purpose of this meeting is to receive public input on the proposed zoning by-law associated with the strategy for second suites. The presentation included a history of Council and Development Services Committee’s considerations regarding second suites, the proposed new policy and strategy, the proposed zoning by-law amendment and public submission received with respect to the proposal.

Mr. Hugh Barnsley, Markham resident, addressed the Committee regarding second suites and spoke in support of the proposal. He advised that he has had over thirty tenants living in second suite accommodations and has never had a problem. Mr. Barnsley indicated that if you build quality units, you will attract quality tenants and he believes that second suites are an affordable alternative for citizens.

Mr. Darryl Press, German Mills Ratepayers Association, addressed the Committee regarding second suites, stating the German Mills Community would like to remain zoned for single family residences only. He suggested that the permission for second suites be incorporated into new developments areas only. Mr. Press indicated that an extensive public review of the issue is required which includes a review of alternative solutions.

Mrs. Rupp, Markham resident, addressed the Committee regarding second suites and spoke in opposition to legalizing second suites. She advised of an illegal second suite next to her home, indicating this has many problems such as excessive levels of noise, driveway obstruction, debris, etc. Mrs. Rupp suggested the Committee consider the safety of the existing Markham Communities prior to making their decision with respect to second suites.

Ms. Eileen Liasi, Markham resident, addressed the Committee regarding second suites, advising she is opposed to legalizing second suites. She feels this proposal is being fast tracked and that there are numerous outstanding issues that need to be addressed, including safety, flooding, sewer backup, enforcement, etc. Ms. Liasi suggested the Committee ensure that a comprehensive review of all the Markham Communities takes place prior to making a decision.

Mr. Alan Adams, Markham resident, addressed the Committee regarding second suites and spoke in opposition to legalizing second suites. He believes that second suites will degrade existing neighborhoods. Mr. Adams also stated the following concerns: overcrowding of services (such as hospital, schools) and no control over number of people per household. He suggested that if the proposal for second suites is passed, the landlord should be required to live in the residence.

Mr. Al Pickard, Legacy Community Ratepayers Association, addressed the Committee regarding second suites and asking two questions: should the proposal for legalizing second suites be Town wide or in selected areas? And, how will the Town enforce the By-law once enacted? He indicated that if the Town does legalize second suites, a proactive approach is necessary. Mr. Pickard suggested creation of a public registry of all legal/ registered second suites in Markham in order to track locations.

Mr. Tom Tse, Markham resident addressed the Committee regarding second suites, expressing his opposition to legalizing them. He indicated that if second suites are legalized, residents will lose their ability to complain about associated problems. Mr. Tse suggested second suites not be legalized and all the existing illegal ones be eliminated.

Ms. Debbie Wong, Rouge Fairways Residents Association, addressed the Committee with respect to second suites and spoke in opposition to the legalization of second suites. She stated concern with the current number of illegal second suites and advised legalizing second suites will not solve current problems. Ms. Wong suggested further study is required on the issue and suggested Committee not rush the proposal to legalize second suites.

Mr. Peter Wales, Markham resident, addressed the Committee regarding second suites advising he is not in support of legalizing them. He stated concerns with the Town not having the resources to handle the potential problems associated with second suites.

Ms. Priti Sehgal, Milliken Mills Ratepayers Association, addressed the Committee with respect to second suites and spoke in opposition to legalizing them. She believes that the Town is currently not doing enough to control the illegal second suites. Ms. Sehgal suggested the following problems could be associated with the legalization of second suites: increase in debris, lawns not properly maintained and over-populated schools and community services.

Mr. Axshay Shirodker, Markham resident, addressed the Committee regarding second suites stating he does not support the legalization of them. He suggested the report needs to address the following issues: infrastructure, possibility of second suites turning into rooming houses, and increase in residential debris.

Ms. Ruth Devor, Thornhill resident, addressed the Committee with respect to second suites and spoke in support of legalizing second suites. She advised she had three basement apartments in her house to help supplement her income. Ms. Devor indicated that each apartment was built to code and inspected and that she was never told it was illegal to have these in her basement. She stated she subsequently had to evict her tenants because of the Town’s prohibition of second suites and will have to sell her home if second suites are not legalized.

Mr. Michael Fortella, Markham resident, addressed the Committee with respect to second suites, indicating he is neither in support or opposition to legalizing them. He believes some excellent points have been raised at the meeting and hopes that the Committee will consider them before making their decision.

Mr. Christos Pavlakis, Markham resident, addressed the Committee regarding second suites and spoke in opposition to legalizing second suites.

Ms. Gina Daya, Markham resident, addressed the Committee regarding second suites and suggested the Committee consider the following if the decision is to legalize second suites: limit the number of people allowed per dwelling; limit the number of legalized second suites (5% per area) and require that the landlord live in the home.

Mr. Peter Miasek, Markham resident, addressed the Committee regarding second suites and spoke in support of legalizing second suites. He suggested it would be the proper solution to alleviate future environmental challenges.

Mr. Nick Thompson-Wood, Markham resident, addressed the Committee with respect to second suites and spoke in support of legalizing second suites. He advised that they currently own a Bed and Breakfast in Town with three additional basement apartments and welcomes any inspections from the Town to ensure everything meets code.

The Committee discussed the following issues associated with legalizing second suites:

• Will the number of second suites increase if legalized
• Rooming houses
• Proper enforcement (be pro-active)
• Absentee landlords
• Safety for neighboring residents
• Inability to limit the number of people per dwelling
• The extent to which legalizing second suites addresses the supply of affordable housing

Mayor F. Scarpitti thanked Jim Baird, Commissioner of Planning, Valerie Shuttleworth, Director of Planning and Urban Design, Councillor John Webster, Deputy Mayor Jack Heath, Councillor Logan Kanapathi, Glen Dick, Fire Services and Murray Boyce, Senior Project Coordinator Policy & Special Projects for all their hard work with respect to the proposal to legalize second suites.

The Committee suggested that there should be another opportunity for public input to discuss all the issues raised this evening.

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

That the correspondence from Chris Pavlakis, Paul Naish, Al Howard, David Johnston, Kamlesh Patel, Julie, Peter Wales, Debbie Wong, Errol Brooks, Rajinder Bali, Trevor Dantas, Jayaram Shetty, Carmen Lee, Jim Roberston, Elsa Burton, Jane Wedlock, Fred Webber, Marsha Winton and Shireesh Chiplunkar, be received.

CARRIED

Moved by Regional Councillor T. Wong

Seconded by Deputy Mayor J. Heath

That the Development Services Commission Report dated Feb 5, 2008, entitled “Subcommittee on Second Suites Recommendation Report” and the Development Services Committee Report dated May 20, 2008, entitled “Public Input on Proposed New Policy for Second Suites” be received; and,

That the Record of the Public Meeting held on May 20, 2008, with respect to the proposed amendments to the Town’s Zoning By-laws, as amended, be received; and further,

That the Town initiated amendments to the Town’s Zoning By-laws, be referred back to staff for a report and recommendation.

CARRIED

Moved by Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That the Staff recommendation report be tabled for information only at a future daytime Development Services Committee meeting and that a Public Information meeting be held in the evening of the same day.

CARRIED

ADJOURNMENT

The Development Services Public Meeting adjourned at the hour of 9:50 PM