Purpose of the Tourism Accommodation Conversions

Tourism Accommodation Conversions Information Session
October 24, 2013
Purpose of the Tourism Accommodation
Conversions (TAC) Review
Background
Tourism Accommodation Conversions
Discussion Paper

Town released a Discussion Paper in August 2013 to
 review the current policy framework,
 generate discussion on potential options in addressing the issue,
 create a dialogue on the municipality’s role in regulating longer-term uses
in tourist establishments, and
 examine the issue in the context of the larger affordable housing
challenges faced by the Town.

Many tourism accommodation properties have not been designed or constructed
with the intent of permanent residential use (i.e. no kitchens). Some
accommodations are meeting community needs for rental housing.

Several patterns of conversion have been identified:
 Accommodation owners have indicated the challenges of operating a tourist
establishment in Wasaga Beach year-round and some owners compensate by
renting longer-term.
 The issue was identified through the Business Licensing process when it became
apparent that people were living for longer periods of time in tourist establishments
that were designed for shorter stays. This raised health and safety concerns and the
Town decided to explore how to address this issue through a review of current
policies and community standards.
 Given these concerns, the Town has been reviewing the issue of longer-term use of
tourist establishments for residential purposes in Wasaga Beach, and exploring
options to create a more flexible environment for accommodation businesses.
 The Wasaga Beach Housing Strategy (March 2013) noted the issue and the
Housing Strategy Implementation Working Group has continued the review.
Why is the Town reviewing the use of certain Tourism
Accommodation properties and the length of time a guest can use a
Tourist Establishment?
 Health and Safety issues – 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.
 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 By-law.
 Flexibility – Respond to community needs and concerns over time limitations.
a) Full Conversion where the whole property is converted to longer-term
accommodation and no longer rents any units to the travelling public (16 of
36 properties and 210 units);
b) Partial Conversion where a portion of units are converted to longer-term
accommodation on a year-round basis, while also providing rentals to the
travelling public (8 of 36 properties and 138 units); and
c) Seasonal Conversion where a motel or cottage court is used for rentals to
the travelling public in the summer but is converted partially in the winter
months to longer term accommodation (12 of 36 properties and 137 units).
 In Wasaga Beach, a number of factors have contributed to the use of tourist
accommodation establishments for longer-term residential use:
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.
Tourism Accommodation Conversions Information Session
October 24, 2013
Proposed Recommendations
1. Recognize appropriate full conversions to
residential uses through Town-initiated
Official Plan and Zoning By-law Amendments
 Recommended that the Town amend the Official Plan and Zoning
By-law to recognize the ‘full conversions’ to residential use for
properties that can demonstrate that they meet certain criteria and
are deemed to be appropriate conversions. These amendments
would be Town-initiated.
 Properties that are used to meet community rental housing needs as
long-term residential uses should be recognized as such in the
Official Plan and Zoning By-law.
 Detailed site-specific property assessments are required to confirm
that properties are primarily used for residential purposes, whether
the property/building(s) are suitable for residential use based on
established standards, and to determine the appropriate Official Plan
designation and Zoning category for the properties.
 Staff will meet with property owners and use assessment criteria to
determine if a property is used primarily for residential purposes.
The criteria will include the use of the property/building(s), the
business model, building/property standards, and other planning
considerations.
Evaluation Criteria for Full Conversion Properties
1. Primary use of the property – short-term vacation rentals or long-term
residential tenancies?
2. Location – relating to access to commercial and recreational services,
transit, community amenities;
3. Relationship to surrounding uses – land use compatibility considerations;
4. Suitability for the type of buildings to be used as full-time residential uses:
a. Are there appropriate kitchen facilities?
b. Is the structure winterized and insulated?
c. Fire/building code compliance?
d. Other residential amenity considerations i.e. recreational areas
e. Does the age and condition of the building fit as a long-term
residential conversion?
5. Suitability for long-term intended use as tourism accommodation - what is
the highest and best use of the property? What might be the future use of
the property looking beyond the lifespan of the current structures?
6. Are there any improvements that need to be made to the property or
building prior to acceptance for residential purposes?
7. What are the financial implications of redesignating and rezoning the
property (i.e. taxation and water billing)?
Tourism Accommodation Conversions Information Session
October 24, 2013
Proposed Recommendations
2. Amend the Zoning By-law to expand the
amount of time that a Tourist Establishment
may be used by replacing the ‘31 day limit’
with ‘seasonal or temporary use’
 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.
Proposed Tourist Establishment Definition
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.
 The addition of ‘seasonal or temporary period’ in the definition would allow
more flexibility for property owners, while acknowledging the importance of
the Residential Tenancies Act. The definition further provides for a
regulatory by-law (i.e. Business Licensing) to be put in place to limit
activities and provide standards to meet for health and safety purposes.
 The definition would apply on a Town-wide basis, and would therefore
apply to all permitted Tourist Establishments.
 Short-term (temporary) and seasonal use of tourism accommodation units
would comply with the Zoning By-law, when the use complies with the
municipal by-laws that the Town passes to regulate and set standards, such
as Business Licensing.
 It is important to note that the recommendation is that the Zoning By-law
be strengthened as it relates to the short-term use of residential properties
by refining the definition of Dwelling Unit to prohibit short-term
commercial use.
 Municipal licensing is the most appropriate tool to protect public health
and safety through regular inspections. The Town should continue an
inspection program specific to these longer use situations.
3. Continue/Enhance the Municipal Licensing
program to ensure health and safety standards
(Building Code and Fire Code) are met
 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
defined in the Tourist Establishment definition – travelling and
vacationing public vs. seasonal or temporary use.
 The current municipal licensing program for Tourist Establishments could
be enhanced by developing a basic license for conventional Tourist
Establishments with an enhanced licensing stream for Tourist
Establishments that rent seasonally or on a temporary basis.
 Further discussions regarding standards and expectations are required to
determine how the municipality should proceed on this matter.
Tourism Accommodation Conversions Information Session
The Residential Tenancies Act (RTA)
October 24, 2013
Property Implications
 The Residential Tenancies Act (RTA) is the main provincial law which
governs landlord and tenant relations in Ontario.
As a Tourist Establishment business operator, will guests be allowed to stay for
longer than 31 consecutive days?
 One of the key provisions of this Act is that tenants are granted ‘security of
tenure’ meaning that tenants can remain in their accommodation as long as
they pay their rent and don’t disturb their neighbours.
 Yes, the Town proposes to change the Zoning By-law to allow tourist
establishments to be used for ‘seasonal or temporary’ periods of time.
Please be aware that if you are renting for longer periods of time you may
be subject to the Residential Tenancies Act.
 The RTA applies to rental units in residential complexes - meaning any
living accommodation used or intended for use as rented residential
premises - unless the rental unit falls within the many exemptions to the Act
(Section 5).
 The Town does not regulate landlord/tenant relationships. The Town’s role
is to confirm that tourist establishments meet Building and Fire Codes for
their use while managing the land use through the Official Plan and Zoning
By-law.
 Legal case law has shown there is no clear and defining line for when the
longer-term rental of a tourist establishment use might become a tenancy
under the Residential Tenancies Act (RTA).
If my property is identified as a ‘permanent conversion’, what does this mean
for me?
 The Town is proposing to change the Official Plan and/or Zoning By-law
to recognize properties that have converted primarily to residential use.
We would like to gather more information from these property owners and
discuss the implications of these changes individually within the next
month. There could be changes to the way a property is assessed by
MPAC, how the property is billed for water usage, and whether licensing
will be required. The implications are different for each property and the
Town will arrange to meet with specific property owners to discuss this.
Are there any changes proposed to the Business Licensing program?
 Property owners and guests/tenants in Wasaga Beach should rely on the
RTA to determine if an occupancy is a short-term vacation/seasonal use or a
residential tenancy.
 The Innkeeper’s Act is a very limited statute that deals almost exclusively
with certain liens permitted to innkeepers (such as the ability to auction a
guests [vs. tenants] possessions if a room is unpaid for three months).
 It is recommended that Business Licensing remain in place for tourist
establishments with regular inspections. Tourist establishments will
continue to be licensed and the Town is investigating an alternate licensing
stream for those that wish to rent some of their units on a longer-term
basis. No decisions have been made to this point on this matter.
Permanent conversion properties would no longer be licensed as
commercial businesses. Further information will be made available on this
matter at the appropriate time.
Tourism Accommodation Conversions Information Session
October 24, 2013
Further Information
Next Steps
 Examine full and partial conversion properties in detail to determine
if they represent permanent residential uses. Meet with individual
property owners to assist in this examination. Consider the most
appropriate Official Plan land use designation and Zoning category
for each property on a site-specific basis.
Please visit the Town’s Housing Strategy Implementation website for more
information on the Tourism Accommodation Conversions review and to keep
up-to-date on the Town’s decision-making process.
 Report back to the Housing Strategy Implementation Working
Group on findings of the property examinations with
recommendations to obtain municipal direction.
 Prepare Official Plan and/or Zoning By-law Amendments:
o to recognize the permanent residential conversion properties
(Site-specific OPA and/or Rezoning), and
o amend the definition of Tourist Establishment to change the 31
day time limit to ‘seasonal or temporary use’ in accordance
with Residential Tenancies Act exemptions (Town-wide
Zoning By-law Amendment).
 Circulate Official Plan and Zoning By-law Amendments and
schedule Public Meeting to hear from the community. Consider
comments through public process.
 Adoption of an Official Plan and Zoning By-law Amendment.
Housing Strategy Implementation webpage
www.wasagabeach.com/Housing_Strategy.index.gk
Municipal Contacts
Planning Dept.
By-law Enforcement
Fire Dept.
Building Dept.
Treasury Dept.
Ray Kelso, Nathan Wukasch
Doug Vincent
Mike McWilliam, Wes Higgins
Barrie Vickers
Monica Quinlan
(705) 429-3847
(705) 429-2511
(705) 429-5281
(705) 429-1120
(705) 429-3844
Other Contacts
Municipal Property Assessment Corporation (MPAC)
Georgian Triangle Housing Resource Centre
(705) 728-3572
(705) 445-0643
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Tourism Accommodation
R d.
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nA
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Le
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Tourism Commercial
Bea
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Co
RT
Offical Plan Landuse Designations
Seasonal
30
n D r.
CT
St
.N
.
S
ck
Be
Env Pro Flood Proofing
RT
d
6
le
Georgian G
Env Pro Flood Proofing
Tourism Commercial
Tourism Commercial
CT
CA
CT
17
17
4
12
5
14
12
12
14
34
12
6
6
6
33
r
28
Tr.
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R1
15
12
4
18
7
17
5
34
5
4
4
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39
9
MT
33
ay
chw
Bea
Partial Conversion
Tourism Accomodation
Tourism Accomodation
CA
CAFH
14
7
17
10
36
6
9
Beck St.
Full Conversion
Residential
Tourism Commercial
RT
CT
RT
CT
RT
MT
RT
CT
RT
MT
MT
MT
CT
RT
RT
RT
MT
RT
CT
RT
RT
RT
CT
CX
CT
CT
CT
RT
RT
RT
CT
CT
CT
RT
CT
CT
RT
RT
CT
Elm Dr.
Motel
Motel
Cottages
Cottages
Cottages
Motel and Cottages
Motel
Cottages
Motel and Cottages
Motel and Cottages
Motel
Cottages
Cottages
Motel
District Commercial
Env Pro Flood Proofing
Env Pro Flood Proofing
Residential
Residential
Tourism Accomodation
Residential
Tourism Commercial
Tourism Commercial
Residential
Residential
Tourism Commercial
Env Pro Flood Proofing
Env Pro Flood Proofing
Residential
Local Commercial
Tourism Commercial
Residential
Tourism Accomodation
Tourism Commercial
Tourism Accomodation
Tourism Commercial
Tourism Accomodation
Tourism Accomodation
Tourism Accomodation
Tourism Accomodation
Tourism Commercial
Tourism Commercial
10
27
5
16
16
20
8
Assessm ent Code 2
St.
Partial Conversion
Partial Conversion
Seasonal
Seasonal
Seasonal
Seasonal
Seasonal
Seasonal
Seasonal
Seasonal
Seasonal
Seasonal
Seasonal
Seasonal
District Commercial
CA
25 River Road East
280 River Road East
195 Dunkerron Ave
330 45th Street South
415 Mosley Street
32-34 31st Street South & 18 31st Street South
32-34 31st Street South & 18 31st Street South
165 River Road East
130 32nd Street North
1391 & 1393 Mosley Street
1391 & 1393 Mosley Street
136 32nd Street North
931 Mosley Street
893 Mosley Street
59 36th Street North
16 Puccini Drive
158 River Road East
199 Linda Lane
268 Main Street
27/29 Dunkerron Avenue
717 Mosley Street
119 30th Street North
1080 Mosley Street
373 & 381 Mosley Street
373 & 381 Mosley Street
670 River Road West
8743 Highw ay 26
391 River Road East
459 Mosley Street
44 Beck Street
99 Main Street
148 Mosley Street
72 Main Street
169 Mosley Street
88 Main Street
119 Main Street
256 River Road East
902 Mosley Street
25 Mosley Street
Assessm ent Code
ncy
Na
Motel
Motel
Cottages
Cottages
Motel
Motel
Cottages
Motel and Cottages
Cottages
Cottages
Cottages
Hotel
Hotel
Residential
Residential
CA
Total (Units)
e St.
Full Conversion
Full Conversion
Full Conversion
Full Conversion
Full Conversion
Full Conversion
Full Conversion
Partial Conversion
Partial Conversion
Partial Conversion
Partial Conversion
Partial Conversion
Partial Conversion
CA
CA
CA
CL
CA
CA
CD
CA
CA
CD
CD
CA
CAFH
CA
CA
CA
CA
CA
CT
CT
CA
CA
CA
CA
CA
CA
CL-5
CA
CA
CA
CT
CA
CA
CAFH
CA
CT
CA
CT
CTFH
Address
c
ru
Motel and Cottages
Motel
Hotel
Zone2
Sp
Full Conversion
Full Conversion
Full Conversion
Tourism Commercial
Tourism Accomodation
Tourism Accomodation
Residential
Residential
District Commercial
District Commercial
Tourism Accomodation
Residential
District Commercial
Zone1
St.
Cottages
Hotel
Cottages
Motel
Cottages
Motel and Cottages
Landuse 2
27
1
Willow
Full Conversion
Full Conversion
Full Conversion
Full Conversion
Full Conversion
Full Conversion
Landuse
Mosley St.
t. S.
Abbys Cottages
Bay Breeze
Come by Chance Cottages
Country Inn/Galaxy Motel
Crystal Village Cottages
Golden Sands Motel
Golden Sands Motel
Granada
Grand Oaks Cottages
Leisure Court
Leisure Court
Park Lane Court
Park Plaza Motel
Riverside Cottages
Sandy Lane Family Cottage Court
Un-Named Units
Waterfront Apartments
Whispering Waves Cottages
Bon Air Kingsbridge Inn
Cooper's Cabins
Cooper's Cabins
Costa Cottages
Donato House Hotel
Dyconia Resort
Dyconia Resort
Maple Motel
Wasaga Motel Fun Getaw ay Spot
Aloha Cottages
Alton Lodges
Double D Chalets
Edgew ater
Edgew ater by the Bay
Edgew ater Inn
Hollyw ood Cottages
Saga Resort
Sharodon Sands Motel
Silvercrest Cottages
Summerland Cottages
Sunset Suites
Type
ey
.
St
S
32nd
436401000874000
436401000883300
436401000541900
436401001445400
436401000649800
436401000403600
436401000403700
436401001118300
436401000156500
436401000403100
436401000403000
436401000156600
436401000545200
436401000601400
436401000141200
436401000110600
436401000881200
436401000146000
436401001129300
436401000608400
436401000615901
436401000166500
436401000529400
436401000652800
436401000652900
436401001130700
436401001645100
436401001114600
436401000644100
436401000873700
436401000873100
436401000661000
436401000870300
436401000660400
436401000870420
436401000873400
436401000882900
436401000546700
436401000663900
Conversion
.
.N
St
Nam e
l
os
M
d
1
2
3
4
5
6
6
7
8
9
9
10
11
12
13
14
15
16
17
18
19
20
21
22
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ARN
ue
g
a
cC
M
St
n
32
MapID
Tourism Accomodation Conversion (TAC) Properties
Wasaga Beach
Key Map 2
Key Map 1
.
July 2013