THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE
PUBLIC
COMMUNITY & DEVELOPMENT
ADVISORY COMMITTEE MEETING MINUTES/REPORT
The members of the Public Community & Development Advisory Committee met on April 29, 2013 in the Council Chambers, at 7:25 p.m.
PRESENT:
Chair Gary Zalepa, Lord Mayor Dave Eke, Councillors Jamie King, Maria Bau-Coote, Jim Collard, Dennis Dick, Martin Mazza
REGRETS:
Councillors: Andrea Kaiser and Terry Flynn
STAFF:
Mike Galloway Chief Administrative Officer
Holly Dowd Town Clerk
Ewald Kuczera Director of Public Works
Alex Burbidge Fire Chief
Rolf Wiens Manager of Enforcement/Chief Building Official
Dion Kedian Supervisor of Enforcement
John Henricks Manager of Planning
Dawn McInnis Program Manager, Communications and Customer Relations
Lauren Kruitbosch Administrative Assistant
OTHERS:
MEDIA:
Suzanne Mason The St. Catharines Standard
Melinda Cheevers Niagara This Week
Penny Coles Niagara Advance
Chair Councillor Gary Zalepa presided and called the first Public Meeting to order at 7:25 p.m. From 7:25 p.m. to 7:28 p.m. the Committee dealt with the first public meeting regarding 682 Warner Road. The Community Development Advisory Committee began the second public meeting regarding Cottage Rentals which took place from 8:31 p.m. until 9:32 p.m.
CONFLICT OF INTEREST:
Councillor Jim Collard declared a conflict of interest with the second public meeting
regarding Cottage Rentals, Commercial Cottages and Vacation Apartments as his wife owns and operates a Bed and Breakfast Establishment.
1. PUBLIC MEETING
The Chair welcomed those in attendance and noted that are two public meetings this evening which will be dealt with one at a time. He explained the process for the meetings and read the Planning Act requirements for submission of an appeal to the Ontario Municipal Board.
1.a) 682 Warner Road - Zoning Change
At the request of the Chair, it was confirmed by the Recording Secretary that notice of the public meeting to inform the public of a proposed Zoning By-law amendment was complied with as per the Planning Act.
The Chair advised that anyone wishing to receive notice should leave his or her name with the Recording Secretary.
At the request of the Chair, the Manager of Planning explained the purpose of the public meeting. The Public Meeting Notice states that the purpose of the proposal is to permit a future single detached dwelling on Part One as shown on the sketch.
The Chair asked if there was anyone present to speak in support of the application.
No one came forward to speak in support of the application.
The Chair asked if there was anyone present to speak in opposition to the application.
No one came forward to speak in opposition to the application.
The Chair closed the public meeting at 7:28 p.m.
1.b) Cottage Rentals, Commercial Cottages and Vacation Apartments
Councillor Jim Collard previously declared a conflict of interest with this public meeting
as his wife owns and operates a Bed and Breakfast Establishment. Councillor Collard did not take part in any discussion and left the room.
The Chair welcomed those in attendance for the second public meeting, explained the process for the meeting and read the Planning Act requirements for submission of an appeal to the Ontario Municipal Board.
At the request of the Chair, it was confirmed by the Recording Secretary that notice of the public meeting to inform the public of a proposed licensing by-law complied with as per the Planning Act.
The Chair advised that anyone wishing to receive notice should leave his or her name with the Recording Secretary.
At the request of the Chair, the Manager of Planning explained the purpose of the public meeting. The Public Meeting Notice states that the purpose of the proposal is to allow for public consultation regarding draft Official Plan and Zoning By-law amendments to recognize and regulate cottage rentals, commercial cottages, and vacation apartments as permitted in Niagara-on-the-Lake. Town staff are proposing amendments to the Zoning By-law that include definition for "Cottage Rental", "Commercial Cottage" (Villas) and "Vacation Apartment". As well, zoning provisions are proposed to regulate these uses where permitted. The zones where these uses are proposed to be permitted are also identified in the proposed amendment.
The Chair asked if there was anyone present to speak in support of the application.
John Hawley, 42 Garrison Village Drive
Mr. Hawley advised that he is in support of the By-law amendment and addressed his concerns regarding residents from other Town's purchasing homes in Niagara-on-the-Lake with the intent to rent. He spoke to request the Village Subdivision have the same zoning.
The Chair asked if there was anyone present to speak in opposition to the application.
Janet Trogdon, 90 Paffard Street
Ms. Trogdon read from her notes (filed D01) and spoke to the following: current residence of cottage owners; policies and procedures of Niagara Holiday Rentals; the booking process; guest demographics; equity and fairness of all short term rentals; parking regulations; effects of the moratorium; existing licensing regulations; safety; taxation; settlement of agreement with the Bed and Breakfast Association, and proposed zoning.
Rick Jorgensen - 433 King Street
Mr. Jorgensen spoke to the following: fairness and equity; density; noise; tourist accommodations, and the elimination of the recommendation which states that only buildings that have been occupied as a single detached dwelling for a minimum of four years shall be eligible for a license.
Gran
t Hawes, 116 Victoria
Mr. Hawes spoke regarding land requirements and lot sizes.
Marilyn Kisser, 16A Shakespeare
Ms. Kisser read from her notes (filed P01) advising the Committee of a problematic cottage, 59 Shakespeare Ave, in operation across from her residence. She spoke to the following: excessive numbers of guests; parking issues; property regulations; inadequate management, and how this cottage rental effects her quality of life.
Ed Montgomery, 735 Rye
Mr. Montgomery spoke to the following: noise; garbage and maintenance of cottage rentals; the protection of residential neighborhoods, and limiting the number of cottages permitted within the Town.
Patrick Maloney
,
40 Queen Street, St.Catharines
Lawyer from Sullivan Mahoney
Mr. Maloney read from his notes (filed D01) and spoke regarding equity and fairness and stated that he would like to see a full study conducted to explore the impacts of current four to six bedroom cottage rentals prior to the establishment of a site specific zoning list.
Eric Trogdon, 90 Paffard Street
Mr. Torgdon read a letter (filed D01) on behalf of Mervyn Patterson and Pippa Bradford. As outlined in their letter, Mr. Patterson and Ms. Bradford have been directly effected by the moratorium
as they have not been able to license their new cottage since purchase.
They estimate that they have suffered a potential loss of $30,000 gross income due to the moratorium. Mr. Patterson and Ms. Bradford requested for the moratorium to be lifted.
Piper Morley, 181 Bay Street, Toronto
Associate at Aird & Berlis LLP
Ms. Morley spoke for Mr. Longo from the firm, on behalf of his clients, and suggested that the proposed Zoning By-law be referred back to staff and that there be additional public meetings prior to approval. Furthermore, Ms. Morley spoke to the following: wide reaching amendments; Cottage Rentals as commercial use and Bed and Breakfasts and residential use; the division and uniqueness Cottage Rentals versus Bed and Breakfasts; the potential to prohibit cottages to operate in low density areas, and the potential for mandatory site specific zoning for all Cottage Rentals.
Faith & David Bell - 511 Charlotte Street
Mr. Bell read from notes (filed D01) and spoke to the following: land requirements for four or more bedroom cottages; equality; fire code regulations; legal nonconforming status, and site specific exceptions.
Eric Trogdon, 90 Paffard Street
Mr. Trogdon pleaded with Committee members not to approve the rezoning component of the draft By-law. Additionally, rather than incorporating zoning, Mr. Trogdon suggested limiting the guests per cottage unit to ten persons.
The Chair closed the public meeting at 9:32 p.m.
ADJOURNMENT:
9:32 p.m.
Lord Mayor, this concludes the Minutes/Report of the Public Community & Development Advisory Committee I Councillor ___________________ move, seconded by Councillor __________________ that the Minutes/Report of the April 29, 2013 Public Community & Development Advisory Committee Meeting be adopted.
___________________________________
LORD MAYOR DAVE EKE
THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE
PUBLIC COMMUNITY & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES/REPORT