STAFF REPORT
TO:
Committee of the Whole of Council
FROM:
Ray Kelso, Manager of Planning and Development
Nathan Wukasch, Planner
SUBJECT:
Tourism Accommodation Conversions Review Update
Recommendation for Public Meeting and Open House
DATE:
May 20, 2014
RECOMMENDATION:
“THAT Committee of the Whole recommend to Council that it authorize staff to hold an Open
House and Statutory Public Meeting for the proposed Official Plan and Zoning By-law
Amendments regarding the Tourism Accommodation Conversions Review.”
BACKGROUND:
The Town has been investigating and reviewing the use of tourist establishments for residential
rental purposes in Wasaga Beach. This issue was identified through the Business Licensing
program in 2011 when it became apparent that people were living for longer periods in units that
were designed for shorter stays, which in some cases, presented health and safety concerns. The
Town investigated these concerns, and encouraged property owners to bring tourist
establishments up to standards for health and safety purposes through Business Licensing
inspections in 2012. Land use concerns were raised at that time because the Zoning By-law does
not permit long-term residential use in tourist establishments, or rentals beyond 31 consecutive
days. The Town decided to explore the land use issue through a review of current policies and
community standards. The Wasaga Beach Housing Strategy (March 2013) examined the issue
and the Housing Strategy Implementation Working Group has continued the review.
Accommodation owners have expressed the challenges of operating a profitable tourist
establishment in Wasaga Beach year-round and some owners compensate by renting longer-term
than the Zoning By-law currently permits. Given these concerns, the Town has been reviewing the
issue and exploring options to create a more flexible environment for accommodation businesses.
In November 2012, Council passed a resolution to exempt identifiable T.A.C. (Tourism
Accommodation Conversion properties) from the requirements to conform to the Zoning By-law
with respect to the “length of stays not exceeding 31 days”, pending Council’s decision on the
long-term T.A.C. property usage. Therefore, the current use of these properties could continue
while the Town was reviewing the matter.
The purpose of the review has been threefold:
1. Health and Safety concerns – Under the Building Code, Fire Code, and Property Standards Bylaw, the Town has a role in protecting the interests of Town residents and business owners in
regards to health and safety. Some Tourist Establishments have not been designed to be used
for long-term residential use, and standards for health and safety must be upheld.
2. Land Use Conformity – The Town seeks to ensure that all land uses conform to the Official
Plan and Zoning By-law. Some T.A.C. properties are providing a form of rental housing
accommodation that meets an important community need, and should be recognized as
residential uses in the Official Plan and/or the Zoning By-law.
3. Addressing Housing Needs and Providing Flexibility for Businesses – The Town is responding
to community housing needs and business community concerns about current time limitations
for tourism-oriented rentals.
The Town’s Housing Strategy (March 2013) briefly examined the issue, and the Town prepared a
detailed Discussion Paper on the issue in the summer of 2013. The purpose of the Discussion
Paper was to review the current policy framework, generate discussion on potential options in
managing the issue, create a dialogue on what the municipality’s role is in regulating them, and
examine the issue in the context of the larger affordable housing challenges faced by the Town.
The Discussion Paper recognized that many tourism accommodation properties have not been
designed or constructed with the intent of permanent residential use (i.e. no kitchens), and that
some accommodations are meeting community needs for rental housing. Certain patterns of
conversion were identified including:
a) Full Conversions where the whole property is converted to longer-term accommodation
and no longer rents any units to the travelling public;
b) Partial Conversions where a portion of units are converted to longer-term
accommodation on a year-round basis, while also providing rentals to the travelling
public; and
c) Seasonal Conversions where a property is used for rentals to the travelling public in the
summer but is converted partially in the winter months to longer term accommodation.
The Town received comments primarily from accommodation business owners, including the
Wasaga Beach Business Association, and the South Georgian Bay Housing Resource Centre.
Business owners generally expressed that: a) the longer-term use of tourist establishments is
meeting a community need, b) tourist establishments should be able to be occupied for longer
periods of time provided that safety requirements are met, and c) business owners are generally
agreeable with annual licensing and inspections for safety purposes. The South Georgian Bay
Housing Resource Centre (SGBHRC) commented that the occupants of these seasonal
residences typically earn lower than average incomes, but the rents of these units are not in the
affordable category. The SGBHRC suggested that properties wanting to have permanent
occupancy should be re-inspected and make necessary repairs to bring units up to standards for
permanent occupation (i.e. electrical, heating, and insulation).
The Discussion Paper contained preliminary recommendations and policy direction, as follows:
1) Recognize appropriate tourist establishments that have fully converted to residential uses
through Town-initiated Official Plan and Zoning By-law Amendments.
2) Amend the Zoning By-law to expand the amount of time that a tourist establishment may be
used by replacing the 31 consecutive day limit with permission for “seasonal and temporary
use”.
3) Continue/Enhance the Municipal Licensing program to ensure health and safety standards
(Building Code and Fire Code) are met.
An open house was held in October 2013 to advise tourist establishment owners of the preliminary
recommendations. Individual meeting with property owners were held in November and December
to confirm information on property use and discuss owner’s goals/vision for their properties. Staff
and the Housing Strategy Implementation Working Group are now in a position to make
recommendations on individual properties to move forward to a public meeting for Official Plan and
Zoning By-law Amendments.
DISCUSSION:
The preliminary recommendations of the Discussion Paper are expanded upon in the following
sections. Staff have prepared a draft Official Plan and Zoning By-law Amendment to implement
these recommendations.
1. Recognize appropriate full conversions to residential uses through Town-initiated Official Plan
and Zoning By-law Amendments by placing properties in a residential category to authorize
their use as rental housing accommodation.
It is recommended that the Town recognize the properties that are used for residential use through
Town-initiated amendments where it can be demonstrated that the properties meet certain criteria
and are deemed to be appropriate conversions.
In the By-Law Enforcement Department’s original review of the T.A.C. properties, the “Full”
conversions were sixteen (16) properties that appeared to be fully converted to longer-term
accommodation and no longer rent any units to the travelling public. The “Partial” conversions
were eight (8) properties where a portion of units appeared to be converted to longer-term
accommodation on a year-round basis, while also providing rentals to the travelling public. These
24 properties were identified as those that would be assessed more thoroughly to determine if they
represented ‘residential’ uses, rather than ‘commercial’ uses. Detailed site-specific property
assessments have been completed for each of these 24 properties, the results of which are
described below.
The ‘Seasonal’ conversions were twelve (12) properties used for rentals to the travelling public in
the summer but used partially in the winter months for longer term accommodation. These
properties were not assessed in a detailed manner, as this form of use was determined to be a
reasonable use of a Tourist Establishment, providing income in the ‘off-season’ when tourist visits
decline. The Zoning By-law is proposed to be amended to broaden the definition of Tourist
Establishment to permit this ‘seasonal or temporary’ form of use, which is detailed in the next
section of this report. Therefore, these ‘Seasonal’ Tourist Establishments will be permitted to
continue, subject to Business Licensing.
At the October 2013 open house, staff discussed the preliminary directions for changes to the
Official Plan and/or Zoning By-law with T.A.C. property owners. Staff followed up with the
individual owners of the 24 “Full” and “Partial” conversion property owners and set up meetings in
November and December 2013. The goal of these meetings was to: a) confirm information on
property use, b) discuss owner’s goals and long-term vision/strategy for their properties, c) advise
owners of the potential financial implications of recognizing residential conversions (rezoning), and
d) to assist in making the best and most appropriate land use decisions for the Town and business
owners. The financial considerations discussed with property owners included the MPAC property
assessment code, property taxes, and water billing information.
The main goal of the specific property review is to recognize appropriate full conversions to
residential uses by way of amendments to the Town’s Official Plan and/or Zoning By-law. Council
has determined that these amendments would be Town-initiated, and would therefore come at no
cost to the property owners. In addition to the current use of the property, other considerations for
whether a specific property should be redesignated and/or rezoned included the following:
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Town’s long-term vision for the property through the Official Plan;
Land use compatibility with adjacent properties and neighbourhood;
Location – relating to access to commercial and recreational services, transit, community
amenities;
Suitability for long-term intended use as tourism accommodation. Highest and best use of
the property - redevelopment potential beyond current lifespan of buildings/structures;
Can the converted tourism accommodation rental units meet the definition of a “dwelling
unit” in the Zoning By-law? Are there cooking and sanitary facilities that meet a minimum
standard? Each full conversion should demonstrate that they have ‘dwelling units’;
Are the size of the units appropriate to facilitate permanent living?;
Built form, age and condition, and whether units meet Building and Fire Codes and are
appropriate for long-term residential use;
Are there any improvements that need to made to the property or building prior to
acceptance for residential purposes?
One important criteria noted above is whether the units being used for residential accommodation
in the converted properties meet the standards for a dwelling unit in the Zoning By-law 2003-60
and Property Standards By-law 99-35. This means they are required to contain sleeping quarters,
cooking, and sanitary facilities. In Wasaga Beach, Tourist Establishments contain a variety of
forms of cooking/kitchen facilities. The Town’s Property Standards By-law sets out minimum
standards for an acceptable ‘kitchen’, which is helpful for the purpose of determining whether a
tourist establishment rental unit may be used as a residential dwelling unit on a permanent basis.
The Property Standards By-law states that kitchens shall have a sink with a backsplash and drain
board, shall be equipped with a refrigerator and stove, and shall provide a food storage area of not
less than four cubic feet per occupying person.
The Housing Strategy Implementation Working Group recommends that the By-law be reasonably
interpreted regarding acceptable cooking equipment to use the following minimum standard for a
kitchen contained in a converted tourist establishment “residential dwelling unit”:
• A sink with backsplash;
• A refrigerator;
• A cooking facility consisting of an oven, hotplate, microwave, and/or toaster oven provided
that it is fixed to a countertop;
• A food preparation area (countertop) with a minimum area of 4 sq.ft. and a food storage
area.
Many of the landowners whose properties are recommended to be recognized as residential uses
have advised that the buildings contain kitchens that generally meet this standard, although not all
do. Properties that fail to meet the minimum standards for kitchens in dwelling units can either
make physical improvements to meet the residential standards (and be rezoned) or operate in
compliance with the Zoning By-law as a tourist establishment. Prior to the Official Plan and Zoning
By-law Amendment being passed, owners will be required to confirm that kitchens meet the
minimum standards for a dwelling unit by way of property inspections.
It is also important that the properties that are to be converted be confirmed as meeting Fire Code
and Electrical Safety Standards, prior to their conversion. This should also be confirmed through
site inspections and presentation of appropriate Electrical Safety Association (ESA) documentation
in the coming months, prior to the passing of the Official Plan and Zoning By-law Amendments.
Recommendations
Rental housing opportunities in the Town are limited, particularly for apartment-style dwelling units,
as the majority of dwellings in Wasaga Beach are single detached dwelling units (90%). The Town
proposes to recognize the existence of residential rental accommodation that occurs within
buildings that were once used as tourist establishments, but are no longer being used for tourist
stays.
Staff have prepared a summary table, included as Appendix A, identifying which of the 24
assessed T.A.C. properties are recommended to be recognized as permanent residential uses.
The remaining twelve ‘Seasonal’ T.A.C. properties were not assessed in detail, as the seasonal
use of Tourist Accommodations is proposed to be permitted subject to Business Licensing. One of
the ‘Seasonal’ property owners has submitted a site-specific Zoning By-law Amendment in 2013 to
permit longer-term stays, which is addressed below. In total, thirteen (13) properties are identified
as representing full conversions to residential use, which contain 170 residential dwelling units.
The remaining eleven (11) properties are proposed to remain as commercial Tourist
Establishments, which contain 209 units for tourism purposes. A map of the T.A.C. properties is
also included as Appendix B.
Official Plan Amendment:
Through the property-specific review, the majority of the 24 properties are considered to be in the
appropriate Official Plan land use designation for the future use of the lands. Many of these
properties are located in traditional tourism areas of the Town, and would be better suited in the
long-term to remain in the Tourism Commercial and Accommodation land use designations. In
these cases, no Official Plan Amendment is recommended. However, some of these properties
are proposed to be rezoned to recognize current residential land uses through the proposed
Zoning By-law Amendment, while keeping the current Tourism land use designation.
The attached Official Plan Amendment (Appendix C) proposes to redesignate specific properties,
all of which are located in a neighbourhood that has seen whole-scale conversion from tourism
accommodation commercial uses to residential apartments. There are six properties proposed to
be redesignated, representing four former tourist establishment businesses, which have been used
for residential purposes for a number of years. They are located at the intersection of Mosley
Street and 32nd Street, and are currently designated District Commercial along the Mosley Street
frontages and Residential in the periphery.
According to the Residential Official Plan policies, the density (number of dwelling units per
hectare of land) on these properties is considered a high density residential use of the land.
Therefore a High Density Residential designation is deemed to be the most appropriate land use
category. These properties are also proposed to be rezoned accordingly to a high density
residential zone category in an accompanying Zoning By-law Amendment. The high density
residential land use conversions are an indicator of a neighbourhood that is gradually converting to
an eventual community structure that is different from the District Commercial land uses that the
current Official Plan envisions.
These properties are also considered appropriate for High Density Residential use because: a)
they are located along the Town’s main arterial transportation and bus route, b) they are within
proximity to commercial, institutional, and community facilities, and Beach Area 5, c) they are fully
serviced lands; d) they represent a concentration of (localized) gradual conversion to residential
land use; and e) these lands are a reasonable location for high density residential uses when
considering the eventual community structure of Wasaga Beach.
Zoning By-law Amendment:
The summary table in Appendix A provides the details on which properties are proposed to be
rezoned to recognize full residential conversions, and Appendix D includes a proposed Zoning Bylaw Amendment to implement these recommendations. A total of 13 properties are proposed to be
rezoned. The majority of property owners have responded that they support the proposed changes
to the Zoning By-law to recognize permanent residential uses on their properties.
Two properties are recommended to be rezoned to the Residential Type One (R1) Zone because
of the small property size, location, and surrounding neighbourhoods low density residential land
use. The R1 zone typically permits single detached dwellings.
Six properties are recommended to be rezoned to the Residential Type Three (R3) Zone to
recognize current medium density land use and built form, and because of the size and location of
the properties, and the surrounding neighbourhood land uses and form of redevelopment that has
occurred for other similar parcels in proximity.
Five properties are recommended to be rezoned to the Residential Type Four (R4) Zone to
recognize current high density land use and built form, and because of the size and locations of
the properties. Four of the properties are also proposed to be redesignated to the High Density
Residential land use category, so this rezoning would be consistent with that change, and in
consideration of where higher density land uses may be permitted to locate in the future. These
properties are reasonable locations for an intensification of land use that is required by the
Province of Ontario through the Places to Grow legislation, and supported by the policies of the
Provincial Policy Statement.
A total of 23 of the 36 T.A.C. properties are not proposed to be rezoned, because their use as
tourism accommodation will continue based on the proposed new definition of Tourist
Establishment, as identified in the next section of this report.
One of the ‘Seasonal’ property owners, 2077143 Ontario Ltd. (Sunset Suites – 25 Mosley Street)
submitted a site-specific Zoning By-law Amendment in 2013, proposing to increase the number of
days a tourist establishment could be used site-specifically for this property, from 31 days (1
month) to 248 days (8 months). This application was submitted in response to the Town’s
identification of this property and other similar properties as operating in non-compliance with the
Zoning By-law. A public meeting was held on March 26, 2013, and staff later recommended
deferring a decision on the application pending the outcome of the Town’s land use review of the
longer-term use of Tourist Establishments. At that time, it was important to consider in full the
broader land use issues on the long-term use of tourist establishments to work towards a
consistent approach for all tourism accommodations. The Town is now in a position to make the
land use planning recommendations contained in this report and consult the general public through
a public meeting.
The following section of this report proposes a Town-wide solution to address the request for
longer-term rentals of Tourist Accommodations. Town staff believe the proposed Zoning By-law
Amendment satisfies the site-specific request made by the owner of Sunset Suites to permit
longer-term seasonal and temporary rentals of Tourist Establishments. Staff have advised the
property owner of the advancement of the overall Zoning By-law Amendment recommendations
noted below.
2. Expand the period of time that a Tourist Establishment can be rented by amending the Zoning
By-law to replace the ‘31 day limit’ with ‘seasonal or temporary use’, provided that the business
is licensed and meets the standards set out in the Business Licensing By-law.
It is recommended that the definition of Tourist Establishment be amended to replace the ‘31 day
limit’ with ‘seasonal or temporary use’ which would mirror the language used in the Residential
Tenancies Act.
The proposed definition of a Tourist Establishment is as follows:
“Shall mean a building designed and intended to provide living accommodation to the
travelling or vacationing public or occupied for a seasonal or temporary period in
accordance with exemptions set out in the Residential Tenancies Act, as amended, and
where all other municipal licensing requirements are complied with. When used in this Bylaw, this term is understood to include the following accommodation types:”
Rather than having a maximum period of time in the definition for which a Tourist Establishment
unit can be used (i.e. 31 days), the ‘seasonal or temporary’ use would allow more flexibility for
property owners, while recognizing the primacy of the Residential Tenancies Act. The definition
also provides for regulation through the Town’s Business Licensing By-law to limit activities and
provide standards for health and safety purposes. The definition would apply on a Town-wide
basis, and would therefore apply to all permitted Tourist Establishments. This permission is more
consistent with the comments and opinions that have been expressed by the business community,
including the Wasaga Beach Business Association.
Short-term (temporary) and seasonal use of Tourism Establishment units would comply with the
Zoning By-law, when the use complies with the Town’s Business Licensing by-law that regulates
and sets standards. One of those requirements will be that the unit has a kitchen that meets the
standards set out in the Property Standards By-law. The Town cannot regulate residential
tenancies. The Town’s role is to ensure that tourist accommodation businesses are safe for human
habitation while managing the land use through the Official Plan and Zoning By-law. The
Residential Tenancies Act of Ontario has been established in order to guide relationships between
landlords and tenants. Property owners and guests/tenants would need to rely on this Act to
determine if the occupancy is a tourist/seasonal use or a residential tenancy.
Staff also recommend that the Zoning By-law be strengthened as it pertains to the short-term use
of residential properties by refining the definition of Dwelling Unit to prohibit short-term commercial
use. The following amended definition fine-tunes the term ‘commercial accommodation’ in order to
provide more guidance for enforcement of the Zoning By-law where residences are rented for
short-term commercial basis. The amended definition for Dwelling Unit is proposed to read as
follows (emphasis added for new wording):
“Shall mean one or more rooms in a building, designed as, or intended as, or
capable of being used or occupied as a single independent housekeeping unit
and containing sanitary facilities, facilities for food preparation or facilities for the
installation of kitchen equipment and a means of private entrance directly from
the outside or from a common hallway or stairway or from a shared room within
the building. For the purposes of this By-law, a dwelling unit does not include
any tourist establishment or any seasonal or temporary short-term
commercial accommodation rental use”.
Annual municipal licensing and inspection is the most appropriate tool to ensure public health and
safety, and regulation for businesses that wish to rent on a temporary or seasonal basis. The
proposed Zoning By-law Amendment includes the changes to the above definitions, which would
apply Town-wide to all Tourist Establishments and dwelling units within the Town. Therefore, any
licensed Tourist Establishment would be able to rent for seasonal or temporary periods if they met
the conditions and standards in the Municipal Business Licensing By-law.
3. Continue/Enhance the Municipal Licensing program to ensure health and safety standards are
met (Building Code, Fire Code, and Electrical Safety Association) and units contained
appropriate kitchen facilities for seasonal or temporary use.
The preferred method of managing seasonal and temporary use of Tourist Establishments is
through municipal licensing. The Municipal Licensing program can identify limitations of activities
for commercial businesses and set standards for the two categories of use included in the
proposed Tourist Establishment definition – travelling and vacationing public vs. seasonal or
temporary use.
The current municipal licensing program for Tourist Establishments is recommended to be
improved by creating a baseline license for conventional Tourist Establishments that rent only to
tourists on a short-term basis. If a property owner wishes to rent certain units within their Tourist
Establishment on a temporary or seasonal basis, it is recommended that an enhanced licensing
stream be developed for those units. The enhanced Business License would identify which units
are used on the seasonal or temporary basis, so that the Town can ensure they meet the minimum
standards set out for a unit that is used on a longer-term basis. It is recommended that the
standards for a seasonal or temporary unit include the provision of kitchen facilities on par with a
dwelling unit, meaning it contains a sink with backsplash, a refrigerator, a cooking facility
consisting of an oven, hotplate, microwave, and/or toaster oven provided that it is fixed to a
countertop, and a food preparation area (countertop) with a minimum area of 4 sq.ft. and a food
storage area. Generally, guests who use Tourist Establishment units on a temporary or seasonal
basis, bring appliances and electronic equipment that can increase the load on the existing
electrical capacity, and other possessions that can create fire hazards or impede fire exits.
Therefore, units used on a temporary or seasonal basis, must also meet Fire Code inspections,
and Electrical Safety Association (ESA) standards in order to be used on that basis.
The Municipal Licensing By-law will need to be amended to implement these recommendations.
Municipal Licensing and Enforcement staff will provide these proposed changes to the appropriate
Committee under separate cover at a later date.
4. Next Steps
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May 20, 2014 - Recommendation that a statutory public meeting and open house be
scheduled for the proposed Official Plan and Zoning By-law Amendments.
Circulate Official Plan and Zoning By-law Amendments for comments. Schedule Open
House/Public Meeting to hear from the community. Public Meeting could be held at Council
as early as June 24, 2014.
Work with property owners to obtain confirmation that converted units (to be
redesignated/rezoned) meet the standards set out in the Property Standards By-law for
dwelling units with acceptable kitchen facilities, and meet Fire Code and Electrical Safety
Association (ESA) standards – By-law and/or Fire inspections.
Consider comments through public process. Report back to Committee of the Whole.
Adoption of Official Plan and Zoning By-law Amendment – late summer 2014.
County of Simcoe will be sent the Official Plan Amendment for approval. If no appeals, the
OPA and Zoning By-law Amendment come into effect.
CONCLUSION:
This report provides an update on the Tourism Accommodation Conversions review by the
Housing Strategy Implementation Working Group, and provides recommendations for
amendments to the Official Plan and Zoning By-law. Firstly, the proposed Zoning By-law
Amendment applies Town-wide for all Tourist Establishments by amending the Tourist
Establishment definition to be broader in permission for temporary and seasonal stays, subject to
Business Licensing. It also makes a minor amendment to the definition of Dwelling Unit for the
purposes of clarification for prohibition of short-term commercial rentals.
Secondly, the proposed Official Plan and Zoning By-law amendments are also site-specific for a
number of properties which are proposed to be recognized as permanent residential rental housing
accommodation, by redesignating four properties to a High Density Residential land use
designation, and rezoning thirteen properties to Residential Zones. These property owners have
been consulted through open house, individual meetings, and telephone conversations and are
generally in agreement with the proposed amendments.
The Housing Strategy Implementation Working Group recommends that the proposed
amendments be circulated and that an Open House and Public Meeting be scheduled for public
review and comment.
Respectfully submitted,
_________________________
Ray Kelso, MCIP, RPP
Manager of Planning and Development
_________________________
Nathan Wukasch, MCIP, RPP
Planner
Appendix A – Recommendation Summary Table
Appendix B – Recommendation Summary Map
Appendix C – Draft Official Plan Amendment
Appendix D – Draft Zoning By-law Amendment
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60th St. N.
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14
Key Map 1
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.
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Hw
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30th
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31s
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Nor
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Dr.
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Sha
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17
Dr.
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Blue
b
70%
5
d
rR
ve
i
R
s.
st Cre
Langevin D
53%
26
22
y C oa
Leo Blvd.
30%
346
22
nd
C re s
.
19
es
.
Sa
la
Grand Pop
36%
6
6
r
Fo
ve
tA
St.
ts
146
Y
Y
e
Gl
od
.
Dr
27
w
ds Way
White San
%of Total T.A.C. Properties
-
34
12
6
31
o
nw
igh
13
12
14
Y
Y
Y
e.
Av 32
33
28
.
He
Total T.A.C. Properties (36)
-
Francis St.
Cres.
R eg
ina
Blvd.
-
-
1
30
es
Cr
29
L
la
aid
Dr.
CT
CT & CTF
-
36
5
14
12
Y
Y
c
.
.
es
-
-
-
a
Be
7
o
e
Av
r
Ea
r
Clover C
CA & CT
CT
CA
-
Y
Y
Y
Key Map 2
r.
hD
t.
.
Wesley Ave
492
-
-
-
4
12
15
Christy Dr.
Total T.A.C. Units
Tourism Commercial
Tourism Commercial & Natural Hazards
-
-
Y
Y
.
d.
6
6
-
CA & CT
CA & CAF
-
Nottawasaga Bay
18
tta
Ansley Rd.
902 M osley Street
25 M osley Street
Tourism Accomodation & Tourism Commercial
Tourism Accomodation & Tourism Commercial
Tourism Accomodation
-
-
209
59%
ne
ew
od
.
Dr
ay
W
o
t
na
Do
zS
pa
o
T
n Dr.
34
12
6
-
CA
CT
CA
-
11
46%
Je
.
St
le
Georgian G
Tourism Commercial
Tourism Accomodation & Natural Hazards
-
-
39
17
Y
d
rR
t.
Berkely S
St.
Savarin
88 M ain Street
119 M ain Street
256 River Road East
-
CA
CA & R1
-
146
41%
Y
Y
34
.
y Tr
12
14
-
-
13
54%
ve
Ri
e.
Av
2
hwa
Tourism Accomodation & Tourism Commercial
Tourism Commercial
Tourism Accomodation
-
-
4
27
Beck St.
72 M ain Street
169 M osley Street
-
-
Y
Y
t.
cy S
5
14
12
CL-5
Total Reviewed in Detail (24)
%of Total Reviewed in Detail
R1
-
m
Ho
25
n
Na
44 Beck Street
99 M ain Street
148 M osley Street
Tourism Commercial
Residential
-
4
-
-
32
5
-
t.
Elm Dr.
4
12
-
CA
CD
Y
Y
-
sS
St.
391 River Road East
459 M osley Street
-
Local Commercial
355
-
5
-
Y
-
R1
-
R3
R4
Le
wi
ce
Total Units Reviewed
Tourism Accommodation & Natural Hazards
District Commercial
CA
CA
CA
6
17
ru
8743 Highway 26
-
Y
-
Y
Y
Sp
39
17
18
-
8
17
R3
-
St.
s
e
tlin
Cabin Cres.
Residential
Residential
Tourism Commercial
Y
Y
-
Na
nc
y
c
Bea
373 & 381 M osley Street
670 River Road West
-
CA
CA
12
-
-
St
.N
.
32
Theme Park
4
4
27
CA
CT
CT
Y
-
R4
R4
R4
-
a
Co
Zoo Park R
717 M osley Street
119 30th Street North
1080 M osley Street
-
-
Residential
Tourism Commercial
Tourism Commercial
7
18
13
-
d
30
.
5
32
5
-
Y
Y
Y
R4
R3
33
r
6
St. N
Residential
Tourism Accommodation
16
15
9
28
i Tr.
199 Linda Lane
268 M ain Street
27/29 Dunkerron Avenue
CA & CAF
CA & CAF
CA
CA
CD
CD
16
-
10
12th
8
17
-
-
Y
Y
Y
-
R3
R3
28
Temagam
16 Puccini Drive
158 River Road East
CA & CD
CA
High Density Residential
High Density Residential
High Density Residential
Y
-
Residential & Natural Hazards
Tourism Commercial
Residential
High Density Residential
-
5
16
Y
Cres.
12
6
17
Y
Y
R3
-
Edward St.
931 M osley Street
893 M osley Street
59 36th Street North
District Commercial/Residential
District Commercial
District Commercial
CA
CL & CA
CA
10
-
Mary St.
7
18
13
Y
Y
Y
-
33
t.
130 32nd Street North
1391 & 1393 M osley Street
136 32nd Street North
-
Y
Residential/District Commercial
Tourism Accommodation
CA
CA
36
6
9
¯
S
ck
Be
Tourism Accommodation
Residential
Residential
16
15
-
-
8
St.
5
16
16
32-34 31st St. S & 18 31st St. S
165 River Road East
-
Tourism Commercial
Tourism Accommodation
Tourist
Establishment
Units
27
1
Willow
A lo ha Co ttages
A lto n Lo dges
Do uble D Chalets
Edgewater
Edgewater by the B ay
Edgewater Inn
Ho llywo o d Co ttages
Saga Reso rt
Sharo do n Sands M o tel
Silvercrest Co ttages
Summerland Co ttages
Sunset Suites
Current Official Plan designation
10
28
195 Dunkerron Ave
330 45th Street South
415 M osley Street
Change to Official Proposed OP
Plan
designation
Property to
remain
Commercial
Mosley St.
t . S.
25
26
27
28
29
30
31
32
33
34
35
36
25 River Road East
280 River Road East
Converted
Change to Zoning
Residential
Current Zoning
By-law
Dwelling Units Proposed Zoning
ey
.
St
S
32nd
A bbys Co ttages
B ay B reeze
Co me by Chance Co ttages
Co untry Inn/Galaxy M o tel
Crystal Village Co ttages
Go lden Sands M o tel
Granada
Grand Oaks Co ttages
Leisure Co urt
P ark Lane Co urt
P ark P laza M o tel
Riverside Co ttages
Sandy Lane Family Co ttage Co urt
Un-Named Units
Waterfro nt A partments
Whispering Waves Co ttages
B o n A ir Kingsbridge Inn
Co o per's Cabins
Co o per's Cabins
Co sta Co ttages
Do nato Ho use Ho tel
Dyco nia Reso rt
M aple M o tel
Wasaga M o tel Fun Getaway Spo t
Total Units
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Address
.N
B usiness Name
l
os
M
St
M apID
nd
32
May 20, 2014
ue
g
a
cC
M
St
aS
Recommendations - Tourism Accomodation Conversion (TAC) Properties
Key Map 2
Key Map 1
.
May 2014
t.
lS
AMENDMENT NO. __ TO THE
OFFICIAL PLAN OF THE
TOWN OF WASAGA BEACH
TOURISM ACCOMMODATION CONVERSIONS
TO RESIDENTIAL USES
DRAFT dated May 20, 2014
PART A – PREAMBLE
1.0
Purpose
The purpose of this Amendment is to recognize the conversion of certain
properties from commercial uses (Tourist Establishments) to residential uses
(full-time residential rental dwelling units).
2.0
Location
This Amendment applies specifically to certain properties located at the
intersection of Mosley Street and 32nd Street.
3.0
Basis
The Town has been investigating and reviewing the use of tourist establishments
for residential rental purposes in Wasaga Beach. This issue was identified
through the Business Licensing program when it became apparent that people
were living for longer periods in units that were designed for shorter stays. In
order to promote health and safety for these residents, it was decided that the
Town would explore how to address the issue through a review of current policies
and community standards. The Wasaga Beach Housing Strategy (March 2013)
examined the issue and the Housing Strategy Implementation Working Group
has continued the review.
Accommodation owners have expressed the challenges of operating a tourist
establishment in Wasaga Beach year-round and some owners compensate by
renting longer-term than the Zoning By-law currently permits. Given these
concerns, the Town has been reviewing the issue and exploring options to create
a more flexible environment for accommodation businesses.
The purpose of the review has been threefold:
1. Health and Safety concerns – Under the Building Code, Fire Code, and
Property Standards By-law, the Town has a role in protecting the interests of
Town residents and business owners in regards to health and safety. Some
Tourist Establishments have not been designed to be used for long-term
residential use, and standards for health and safety must be upheld.
2. Land Use Conformity – The Town seeks to ensure that all land uses conform
to the Official Plan and Zoning By-law. Some properties are providing a form
of rental housing accommodation that meets an important community need,
but should be defined as residential uses in the Official Plan and Zoning Bylaw.
3. Addressing Housing Needs and Providing Flexibility for Businesses – The
Town is responding to community business and housing needs and concerns
from the business community about current time limitations for tourismoriented rentals.
2
The Town prepared a Discussion Paper on the long-term residential use of
tourism accommodation establishments in July 2013. This paper reviewed the
policy framework, generated discussion on potential options in addressing the
issue, created a dialogue on the municipality’s role in regulating longer-term uses
in tourist establishments, and examined the issue in the context of the larger
affordable housing challenges faced by the Town. The paper recognized that
many tourism accommodation properties have not been designed or constructed
with the intent of permanent residential use (i.e. no kitchens), and that some
accommodations are meeting community needs for rental housing. Certains
patterns of conversion were identified including: 1) Full Conversions where the
whole property is converted to longer-term accommodation and no longer rents
any units to the travelling public; 2) Partial Conversions where a portion of units
are converted to longer-term accommodation on a year-round basis, while also
providing rentals to the travelling public; and 3) Seasonal Conversions where a
property is used for rentals to the travelling public in the summer but is converted
partially in the winter months to longer term accommodation.
It has been recognized that in Wasaga Beach, a number of factors have
contributed to the use of tourist accommodation establishments for longer-term
residential use, including:
a) the historic lack of variety in the housing stock (predominantly made up of
single detached dwellings);
b) lack of rental housing units;
c) lack of affordable housing options for people with modest incomes.
d) the low demand for tourist accommodation in the off-season; and
e) a desire from business owners to supplement income generated during the
peak tourist season.
The Town held a public open house for tourism accommodation property owners
in October 2013 and met with a number of owners in November and December
2013. The purpose of these meetings was to confirm current land uses and
gather information to assist in making the best and most appropriate land use
decisions for the Town and business owners.
One of the goals of the specific property review is to recognize appropriate full
conversions to residential uses through a Town-initiated Official Plan and/or
Zoning By-law Amendments. The proposed Official Plan Amendment reflects the
Town’s consideration of the existing use of a number of tourist establishment
properties, by redesignating properties that are used to meet community rental
housing needs. The purpose of the Official Plan Amendment is to redesignate
properties that are full conversions to residential use, meet certain criteria, and
are considered more appropriate in another land use designation for the longterm use of the property. The criteria that were used in considering whether a
specific property should be redesignated and/or rezoned including the following:
•
•
•
Town’s long-term vision for the property through the Official Plan;
Land use compatibility with adjacent properties and neighbourhood;
Location – relating to access to commercial and recreational services,
transit, community amenities;
3
•
•
•
•
•
Suitability for long-term intended use as tourism accommodation. Highest
and best use of the property - redevelopment potential beyond current
lifespan of buildings/structures;
Can the converted tourism accommodation rental units meet the definition
of a “dwelling unit” in the Zoning By-law? Are there cooking and sanitary
facilities that meet a minimum standard? Each full conversion should
demonstrate that they have ‘dwelling units’;
Are the size of the units appropriate to facilitate permanent living?;
Built form, age and condition, and whether units meet Building and Fire
Codes and are appropriate for long-term residential use;
Are there any improvements that need to made to the property or building
prior to acceptance for residential purposes?
Through the property-specific review, a number of properties are considered to
be in the appropriate Official Plan land use designation for the future use of the
lands. Many of these properties are located in traditional tourism areas of the
Town, and would be better suited in the long-term to remain in the Tourism
Commercial and Accommodation land use designations. Therefore a number of
properties are not proposed to be amended, but are proposed to be rezoned to
recognize current residential land uses through an accompanying Zoning By-law
Amendment.
The lands that are subject to this Amendment are located in a neighbourhood
that has seen whole-scale conversion from tourism accommodation commercial
uses to residential apartments. There are six properties proposed to be
redesignated, representing four former tourist establishment business which have
been fully converted to residential rental housing uses for a number of years.
These properties are located at the intersection of Mosley Street and 32nd
Street, and are currently designated District Commercial along the Mosley Street
frontages and Residential in the periphery.
According to the Residential Official Plan policies, the density (number of
dwelling units per hectare of land) on these properties is considered a high
density residential use of the land. Therefore a High Density Residential
designation is deemed to be the most appropriate land use category. The high
density residential land use conversions are an indicator of a neighbourhood that
is gradually converting to an eventual community structure that is different from
the District Commercial land uses that the current Official Plan envisions. These
properties are also proposed to be rezoned accordingly to a high density
residential zone category in an accompanying Zoning By-law Amendment.
These properties are also considered appropriate for High Density Residential
use because: a) they are located along the Town’s main arterial transportation
and bus route, b) they are within proximity to commercial, institutional, and
community facilities, and Beach Area 5, c) they are fully serviced lands; d) they
represent a concentration of (localized) gradual conversion to residential land
use; and e) these lands are a reasonable location for high density residential
uses when considering the eventual community structure of Wasaga Beach.
4
5
PART B – THE AMENDMENT
1.0
Introduction
All of this part of the document entitled Part B – The Amendment consisting of
the following text constitutes Amendment Number __ to the Official Plan of the
Town of Wasaga Beach.
2.0
Details of the Amendment
The Official Plan is amended as follows:
2.1
3.0
Schedule “A-3”, Land Use Plan of the Official Plan of the Town of Wasaga
Beach is hereby amended by redesignating the area, as shown on the
attached Schedule “A”, from the “Residential” and “District Commercial”
designations to the “High Density Residential” land use designation.
Implementation
The provisions of the Official Plan regarding the implementation of that Plan shall
also apply to this Amendment.
4.0
Interpretation
The provisions of the Official Plan of the Town of Wasaga Beach, as amended
from time to time, shall apply to this Amendment.
6
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Country Club Community
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Schedule
A-2
This is Schedule 'A' to
Official Plan Amendment No.________
to the Official Plan of the
Town of Wasaga Beach
1st
La
23rd
25th
26th
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37th Str
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Official Plan of theTown of Wasaga Beach
THE CORPORATION OF THE
TOWN OF WASAGA BEACH
BY-LAW NO. 2014A BY-LAW TO AMEND TOWN OF WASAGA BEACH
COMPREHENSIVE ZONING BY-LAW NO. 2003-60, AS AMENDED
(Tourism Accommodation Conversions to Residential Uses)
WHEREAS pursuant to Section 34 of the Planning Act, R.S.O., 1990, the Council
of the Town of Wasaga Beach has passed a comprehensive Zoning By-Law No.
2003-60 for the Town of Wasaga Beach;
AND WHEREAS Council has decided to update Comprehensive Zoning By-Law
No. 2003-60 to implement provisions within the By-Law as it pertains to Tourism
Accommodation Conversions to Residential Uses on specific properties located
within the Town of Wasaga Beach, County of Simcoe;
AND WHEREAS Council deems it advisable and expedient to amend Zoning ByLaw No. 2003-60;
NOW THEREFORE the Council of the Corporation of the Town of Wasaga
Beach HEREBY ENACTS as follows:
THAT Zoning By-law No. 2003-60, as amended, is amended as follows:
1.
THAT Section 26, Definitions be amended as follows:
a) That all subtext under Subsection 26.195, Tourist Establishment be
deleted and replaced with the following text:
“Shall mean a building designed and intended to provide living
accommodation to the travelling or vacationing public or occupied for a
seasonal or temporary period in accordance with exemptions set out in
the Residential Tenancies Act, as amended, and where all other
municipal licensing requirements are complied with. When used in this
By-law, this term is understood to include the following accommodation
types:”
b) That the final sentence of Subsection 26.61, Dwelling Unit be amended
by replacing the words “commercial accommodation” with the words
“tourist establishment or any short-term commercial accommodation
rental use”.
2.
THAT Schedule “D” to the By-law 2003-60 as amended, is hereby further
amended by changing the zoning of the lands known as 16 Puccini Drive
(Unnamed Units – 43rd Street North) from the Accommodation
Commercial (CA) Zone to the Residential Type Three (R3) Zone, as
shown on Schedule “A” attached hereto, forming part of this By-law;
3.
THAT Schedule “G” to the By-law 2003-60 as amended, is hereby further
amended by changing the zoning of the lands known as 199 Linda Lane
(Whispering Waves Cottages) from the Accommodation Commercial (CA)
Zone to the Residential Type One (R1) Zone, as shown on Schedule “B”
attached hereto, forming part of this By-law;
4.
THAT Schedule “G” to the By-law 2003-60 as amended, is hereby further
amended as follows, as shown on Schedule “C” attached hereto, forming
part of this By-law:
a. By changing the zoning of the lands known as 32-34 31st Street
South & 18 31st Street South (Golden Sands Motel) from the
Accommodation Commercial (CA) Zone and District Commercial
(CD) Zone to the Residential Type Four (R4) Zone;
b. By changing the zoning of the lands known as 130 32nd Street
North (Grand Oaks Cottages) from the Accommodation
Commercial (CA) Zone to the Residential Type Four (R4) Zone;
c. By changing the zoning of the lands known as 1392 and 1393
Mosley Street (Leisure Court) from the Accommodation
Commercial (CA) Zone and the District Commercial (DC) Zone to
the Residential Type Four (R4) Zone;
d. By changing the zoning of the lands known as 136 32nd Street
North (Park Lane Court) from the Accommodation Commercial
(CA) Zone to the Residential Type Three (R3) Zone;
5.
THAT Schedule “H” to the By-law 2003-60 as amended, is hereby further
amended by changing the zoning of the lands known as 119 30th Street
North (Costa Cottages) from the Accommodation Commercial (CA) Zone
to the Residential Type One (R1) Zone, as shown on Schedule “D”
attached hereto, forming part of this By-law;
6.
THAT Schedule “H” to the By-law 2003-60 as amended, is hereby further
amended as follows, as shown on Schedule “E” attached hereto, forming
part of this By-law:
a. By changing the zoning of the lands known as 195 Dunkerron
Avenue (Come By Chance Cottages) from the Accommodation
Commercial (CA) Zone to the Residential Type Three (R3) Zone;
b. By changing the zoning of the lands known as 931 Mosley Street
(Park Plaza Motel) from the Accommodation Commercial (CA) and
Accommodation Commercial Floodplain (CAF) Zones to the
Residential Type Three (R3) Zone and the Residential Type Three
Floodplain (R3F) Zone;
7.
THAT Schedule “I” to the By-law 2003-60 as amended, is hereby further
amended by changing the zoning of the lands known as 415 Mosley
Street (Crystal Village Cottages) from the Accommodation Commercial
(CA) Zone to the Residential Type Three (R3) Zone, as shown on
Schedule “F” attached hereto, forming part of this By-law;
8.
THAT Schedule “O” to the By-law 2003-60 as amended, is hereby further
amended as follows, as shown on Schedule “G” attached hereto, forming
part of this By-law:
a. By changing the zoning of the lands known as 25 River Road East
(Abby’s Cottages) from the Accommodation Commercial (CA) Zone
to the Residential Type Three (R3) Zone;
b. By changing the zoning of the lands known as 158 River Road East
(Waterfront Apartments) from the Accommodation Commercial
(CA) Zone to the Residential Type Four (R4) Zone;
c. By changing the zoning of the lands known as 165 River Road East
(Granada Motel and Cottages) from the Accommodation
Commercial (CA) Zone to the Residential Type Three (R3) Zone;
9.
THAT all other respective provisions of Zoning By-law 2003-60, as
amended, shall apply.
10.
THAT this By-Law shall come into force and effect in accordance with the
provisions of the Planning Act, R.S.O., 1990 c.P.13.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
_____ DAY OF ____________, 2014.
____________________
Cal Patterson, Mayor
_____________________
Twyla Nicholson, Clerk
®
Town of Wasaga Beach
Schedule 'A'
CA
43rd
S
44th
S
t. N
.
t. N
.
R1
R1
C
R3-23
45th
S
CD
t. N
H
.
Puccini Dr.
Mo
sl
ey S
t.
OS
A
OS
CD
CD
Red P
ine Cr
Area to be rezoned from CA to R3
This is Schedule 'A' to By-Law _________
Passed the ___ day of__________ 2014.
Signatures of Signing Officers
Mayor_____________________________
Clerk _____________________________
0
62.5
125
Meters
250
es.
®
Town of Wasaga Beach
Schedule 'B'
t. N
35th S
OS
.
e Ln.
Shor
OS
S
33rd
Ln.
CA
t . N.
d
Sunni
Linda
R1
. N.
th
ve.
ng A
. N.
35
i
Flem
R1
St
34th
ale Rd
CA
St
R1
. N.
Area Rezoned from CA to R1
This is Schedule 'A' to By-Law _________
Passed the ___ day of__________ 2014.
Signatures of Signing Officers
Mayor_____________________________
Clerk _____________________________
0
50
100
Meters
200
®
Town of Wasaga Beach
Schedule 'C'
R1
CDH
CD
y St.
Mosle
.
R1
R1
R1
32n
d
St.
S.
R1
F
31
st
CA
St
.S
CD
Area Rezoned from CA to R4
Area to be Rezoned from CD to R4
This is Schedule 'A' to By-Law _________
Passed the ___ day of__________ 2014.
Signatures of Signing Officers
Mayor_____________________________
Clerk _____________________________
0
45
90
Meters
180
R1
.
St. N
32nd
CA
I
CD-2
.
St. N
31st
R1
®
Town of Wasaga Beach
Schedule 'D'
R1
CA
S
29th
.
ue S t
t. N .
St
30th
g
McCa
. N.
R1
CA
.
St. N
31st
CDH
R1
CD-2
CD
.
ey St
Mosl
st
31
be nd
River
R1
CD
St.
R1
S.
CA
Nottawasaga River
Area Rezoned from CA to R1
This is Schedule 'A' to By-Law _________
Passed the ___ day of__________ 2014.
Signatures of Signing Officers
Mayor_____________________________
Clerk _____________________________
0
50
100
Meters
200
Ave.
®
Town of Wasaga Beach
Schedule 'E'
CA
gh St.
I
rS
ke
a
B
R1
.
Ave
I
R3
Invera
21st St. N.
OS
Du n
r on
ker
CT
R1
t.
CA
R1
CT
Mo
yS
sle
t.
R1
R1
r
ive
R
ga
sa
a
w
tta
o
N
F
R1
Area Rezoned from CA to R3
Area to be Rezoned from CAF to R3F
This is Schedule 'A' to By-Law _________
Passed the ___ day of__________ 2014.
Signatures of Signing Officers
Mayor_____________________________
Clerk _____________________________
0
60
120
Meters
240
F
®
Town of Wasaga Beach
Schedule 'F'
.
t. N
.
12th
S
t. N
e
y St.
Mosle
R2
CA
R1
M
Old
ey
osl
-7
R1
13t
hS
t. S
.
R1
CA
13th
S
r
Sho
OS
Ln.
OS
R1
R1
S t.
s
wa
a
t
t
No
R1
r
ive
R
a
ag
R1
Area Rezoned from CA to R3
This is Schedule 'A' to By-Law _________
Passed the ___ day of__________ 2014.
Signatures of Signing Officers
Mayor_____________________________
Clerk _____________________________
0
55
110
Meters
220
®
Town of Wasaga Beach
Ash St.
Schedule 'G'
CT
R1
CT
Ma
in
St.
.
R1
law
R3
R2-3
id
La
S t.
OS
Poplar Glen Rd.
CT
Area Rezoned from CA to R3
Area Rezoned from CA to R4
This is Schedule 'A' to By-Law _________
Passed the ___ day of__________ 2014.
Signatures of Signing Officers
Mayor_____________________________
Clerk _____________________________
0
100
200
Meters
400
2
H-
4
R3-24
.E
R1
Elm Dr.
CA
Beck St.
R1
e
Riv
d
rR
OS
t.
R
3 -3
CA
Wood Ave.
n
r
ive
R
ga
asa
w
tta
No
S
I-2
Je
ta
et
CA
OS
EP