Staff Report Administration Report To: Special Committee of The Whole Meeting Date: September 17, 2018 Report Number: FAF.18.126 Subject: Proposed Changes to the Short Term Accommodation Licensing Bylaw. Prepared by: Kirsty Robitaille, Municipal Licensing Officer A. Recommendations THAT Council receive Staff Report FAF.18.126, entitled Proposed Changes to the Short Term Accommodation Licensing By-law AND THAT Council support the proposed changes and direct staff to prepare the final version of the Short Term Accommodation Licensing By-law. B. Overview This staff report provides Council with several updated recommendations for consideration to the Town s Short Term Accommodations Licensing By-law. Staff have provided some revisions as a result of the Public Comments received May 28, 2018, and includes updates recommended by staff. C. Background As reported to council through previous staff reports, the most recent being FAF.18.60 Proposed Changes to the Short Term Accommodation (STA) Licensing By-law, There have been areas of concern from both residents and STA owners/operators. Staff report FAF.18.42 identified the concerns with an overview of various option for Council to consider. Further to this Town Staff held a Public Meeting on May 28, 2018 regarding the proposed changes to the Short Term Accommodation Licensing By-law, Zoning By-law and Official Plan Update. At the public meeting the public had the opportunity to provide comments regarding these proposed changes. Staff have continued to review the concerns and comments that were brought forward at the Public Meeting and have provided a document to show public comments, staff comments and the proposed modifications.
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 2 of 12 D. Analysis The Town s Short Term Accommodation Licensing By-law was last updated in 2014. A number of recommendations are being proposed to the Short Term Accommodation Licensing By-law. Staff recommend repealing the current Short Term Accommodation Licensing By-law 2013-50 Staff confirm that the current Office Consolidated Short Term Accommodation Licensing By-law is the template for the new Short Term Accommodation By-law and that the changes proposed are as listed below. While staff reviewed the public comments, the most common comments received ranged from dealing with the following Points; Occupancy Load calculations within a Short Term Accommodation premise;, The use of the Responsible Person; The Assessment of Demerit Points and Penalties; Occupancy Load: After taking into consideration the public comments regarding the occupancy load for exemption areas, Staff have considered changing their recommend from 2 Person per bedroom plus 2 persons. Staff are now recommending that Section 5.23 read as follows: The maximum number of occupants within a dwelling that is being operated as a Short Term Accommodation shall not exceed a total number based upon a maximum of two (2) persons per bedroom plus an additional four (4) persons or the lesser number of occupants allowed based on the number of approved parking spaces. The references to sleeping area and other Building Code definitions have been removed, as they are really out of context for the purposes of the by-law. The use of the Policy Statement which staff has used as a reference will no longer be necessary. Staff see no impact on Fire and Life Safety with this calculation as each STA premise has additional enhanced Fire Safety protection requirements in order to receive their STA Licence. Also staff do not see an impact on noise as the noise complaint statistics continue to decline since the operation of these Licensed STA s began. This recommendation will not affect the Occupancy Load for new STA s that have a maximum occupancy of 8 people, as per the Zoning By-law 2008-03. This calculation is strictly for STA s within the exemption areas where they do not have a maximum occupant load limit. It should be noted that there will still be a requirement for other criteria, such as parking capacity, to be met in order to qualify for this occupant load. Responsible Person: Under the proposed Draft Licensing By-law Residents are not required to contact the Responsible Person to issue a complaint. Staff have advised that residents have three options to deal with STA issues:
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 3 of 12 1. (preferred option) Contact the By-law Enforcement Department to issue a complaint or concern. The By-law Department is available during the day through the Town Hall and through evenings and weekends through the after-hours call service. All calls to the after-hours call service will be dealt with by By-law Enforcement. The after-hours call service and their protocol is directly controlled by the By-law Enforcement Department 2. Contact the OPP. It is recognized that larger complaints/issues may be better dealt with by the OPP. However, it has been recognized that a direct call to OPP does not result in the notification of the Responsible Person. 3. To call the Responsible Person directly to voice your concerns directly. Currently Section 5.13 in the STA Licensing By-law states that the responsible person shall attend to the property within one hour of the complaint received. The current practice is if the Responsible Person does not attend within that one hour a penalty notice and demerit points are issued. Staff are recommending that this infraction would be dealt with through a Provincial Court charge. If the responsible person was not able to rectify the complaint within that one hour, a charge against the STA owner will be laid, and demerit points issued upon conviction. Assessment of Demerit Points/Penalties The application of demerit points related to infractions is remaining in place as staff is not recommending any changes to this section and the way demerit points are assigned remains the same. Staff are recommending that the demerit points are assigned upon conviction not when the complaint is issued and that the appeals process be dealt with through the courts system and no longer heard by the STA committee. With staff s recommendation to changing the appeals process to the Court system from the STA Committee, the Administrative penalty will no longer be applied because of the assign court fine. Staff would like to note that the court system currently deals with all noise related charges for STA and non STA premise. If Council consider staff s recommendation, all STA appeals for other by-law infractions will be dealt with through the courts as well. Though most of the current sections of the Short Term Accommodation Licensing By-law will remain in place, because of a number of Housekeeping items and proposed changes, staff recommend repealing the previous Short Term Accommodation Licensing By-law and replacing it with a new Short Term Accommodation Licensing By-law. Section 1.1 Building & By-law Services Division definition proposed to read as follows: Updated definition: Enforcement Services Division means the division responsible for the administration and enforcement of this By-law; Section 1.1 Committee definition Remove
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 4 of 12 Section 1.1 Division definition proposed to read as follows: Updated definition: Division means the Enforcement Services Division Section 1.1 Demerit Points definition - New New definition Demerit Points means the demerit points on a Short Term Accommodation licence (as outlined in Section 6.1(3) of this By-law). Section 1.1 Fee definition proposed to read as follows: Updated definition: Fee means those fees as set out in By-law No. 2018-8 or reenacted from time to time, being the Town s Tariff of Fees By-law; Section 1.1 Friendly Notice definition - New New definition Friendly Notice means a written notice outlining the details of a violation warning issued. Section 1.1 Infraction Notice definition New New definition Infraction Notice means a written notice outlining an incident that occurred at a licensed short term accommodation premise and a Certificate of Offence pursuant to the Provincial Offences Act as issued by an officer. Section 1.1 Manager Definition proposed to read as follows: Updated Definition Director means the Director, Enforcement Services Division, or his/her designate; Section 2.3 Section update- Proposed to read as follows: 2.3 The determination of whether a licence application is complete in accordance with the requirements of this By-law shall be within the sole discretion of the Director.
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 5 of 12 Section 4.1 Section update- Proposed to read as follows: 4.1 The Enforcement Services Division is responsible for the administration and enforcement of this By-law. Section 4.6 Section update- Proposed to read as follows: 4.6 Every application for a licence will be reviewed by the director, with consultation of the Planning and Development Services staff to determine whether it meets the requirements of this By-law. Section 4.7 Section update- Proposed to read as follows: 4.7 As part of the review referenced at 4.6, the application will be circulated to those agencies deemed necessary and/or relevant by the director. Section 4.8 Section update- Proposed to read as follows: 4.8 Those agencies referenced at 4.7 may require an inspection of the premises prior to the provision of comments and prior to the consideration of the application by the director. The applicant shall cooperate and facilitate in arranging the inspection of the premises in a timely manner and shall be in attendance during the inspection. In the instance of the requirement of the payment of fees for such an inspection, the applicant shall pay the fees as required prior to the inspection. Section 4.9 Section update- Proposed to read as follows: 4.9 If it is determined that an application meets the requirements of this By-law and all circulated agencies, the Director shall issue the licence. Section 4.10 Section update- Proposed to read as follows: 4.10 If it is determined that an application does not meet the requirements of this Bylaw and the requirements of all of the circulated agencies, the Director shall refuse the issuance of the licence.
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 6 of 12 Section 4.18 Section update- Proposed to read as follows: 4.18 If at any time the Director determines as a result of evidence that is provided that the operation of a licenced short term accommodation premises does not conform to the requirements of this By-law, the Director may refer the matter by way of an open session report to Council. Section 4.19 Section update- Proposed to read as follows: 4.19 If at any time the Director determines as a result of evidence that is provided that the operation of a licenced short term accommodation premises does not conform to the requirements of this By-law, the Director may commence with proceedings pursuant to the Provincial Offences Act. Section 4.20 Section update- Proposed to read as follows: 4.20 A person whose application for a new licence or a renewal of a licence has been refused may, within fifteen days of being notified of the Director s decision, may appeal to Council review the decision. If an application for review has not been applied for within fifteen days, the licence application will be deemed to be closed. Section 4.21 Section removal-pending direction to use POA Practice Staff recommend the following Section 4.21 under Administration of the Short Term Accommodation Licensing By-law be removed as this section relates to the Committee which is proposed to be discontinued from the Short Term Accommodation Licensing By-law. Section 4.22 Section update (Section have been renumbered to accommodate the sections that have been removed - Proposed to read as follows: 4.21. A person who has applied for a review to Council of the Director s decision noted in Section 4.9 or 4.17 will be given an opportunity to make written representations or to appear before Council when it reviews the matter. Section 4.23 Section update (Section have been renumbered to accommodate the sections that have been removed) -Proposed to read as follows:
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 7 of 12 4.22 Council will review the matter and may affirm, modify or rescind the decision of the Director or, in the instance of a licence refusal, direct that the licence be issued with such terms and/or conditions deemed appropriate by Council or, suspend or revoke a licence. Section 4.24 Section removal-pending direction to use POA Practice Staff recommend the following Section 4.24 under Administration of the Short Term Accommodation Licensing By-law be removed as this section relates to the Committee which is proposed to be discontinued from the Short Term Accommodation Licensing By-law. Section 4.25 Section Removal-Pending direction to use POA Practice Staff recommend the following Section 4.25 under Administration of the Short Term Accommodation Licensing By-law relating to the Committee, be removed as the proposed changes to the Short Term Accommodation appeal practices have been recommended by Staff. Section 4.26 Section Removal-Pending direction to use POA Practice Staff recommend the following Section 4.26 under Administration of the Short Term Accommodation Licensing By-law relating to the Committee, be removed as the proposed changes to the Short Term Accommodation appeal practices have been recommended by Staff. Section 4.27 Section update (Section have been renumbered to accommodate for the sections that have been removed -Proposed to read as follows: 4.23 Council will review the matter and may affirm, modify or rescind the decision of the Director or, in the instance of a licence refusal, direct that the licence be issued with such terms and/or conditions deemed appropriate by Council. Section 4.30 Section update -Proposed to read as follows: 4.30 Matters to be considered by Council, including that information identified at Section 4.29 and the location, date and time of the Hearing shall be posted to the Town s website. Section 5.8 Section update-proposed to read as follows:
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 8 of 12 5.8 A person is not eligible to hold a licence unless a Renter s Code for the premises has been submitted to and approved by the Director. Section 5.9 Section update-proposed to read as follows: 5.9 The owner shall operate the short term accommodation premises in accordance with the Parking Management Plan and Property Management Plan that has been approved by the Director. Section 5.22 Section update-proposed to read as follows: 5.22 The Director may revoke a licence if it was issued on mistaken, false or incorrect information or issued in error. Section 5.23 New section-proposed to read as follows-pending direction from Council 5.23 The Maximum number of occupants within a dwelling that is being operated as a Short Term Accommodation shall not exceed a total number based upon a Maximum of two (2) persons per bedroom plus an additional Four (4) persons or the lesser number of occupants allowed based on the number of approved parking spaces. Section 5.24 New Section-Proposed to read as follows: 5.24 The Provincial Offences Court shall hear all offences. Section 5.25 New section-proposed to read as follows: 5.25 Appeals to a conviction shall be processed through a high court Section 6.1 Section update-proposed to read as follows: 6.1 A demerit point system is established as follows without prejudice to options otherwise available to enforce this By-law or any other By-law of the municipality or Provincial Act or Regulation including, but not limited to, actions
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 9 of 12 pursuant to the Building Code Act, Fire Protection and Prevention Act and the Provincial Offences Act. Section 6.1 (2) Section update-proposed to read as follows: 6.1 (2) Demerit Points shall remain in place until the two year anniversary of the date on which the demerit points were confirmed. Section 6.1(2) (a) New section-proposed to read as follows: 6.1(2) (a) Demerit Points are applied on the day of conviction of any violation. Section 6.1(3) Section removal- Pending direction to use POA Practice Staff recommend the following Section 6.1(3) (a) (b) (c) (d) (e) (f) under Demerit Points System of the Short Term Accommodation Licensing By-law be removed as the proposed changes to the Short Term Accommodation appeal practices have been recommended by Staff. Section 6.1 (4) Section removal- Pending direction to use POA Practice Staff recommend the following Section 6.1(4) (a) (b) (c) (d) (e) (f) under Demerit Points System of the Short Term Accommodation Licensing By-law be removed as the proposed changes to the Short Term Accommodation appeal practices have been recommended by Staff. Section 6.1(3) new section-proposed to read as follows:
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 10 of 12 6.1(3) Table 1- New Section under column 1 Allowing activity that causes a disturbance (1) See 5.4, and 5.7 Section 6.2 New section-proposed to read as follows: 6.2 Where a warning is issued; (a) A Friendly Notice issued by the Director outlining the detail of the violation warning issued at a short term accommodation premise shall be sent to the short term accommodation operator/owner(s) as soon as reasonably practical after the warning having been issued by an officer. (b) An Infraction Notice is to serve as a reminder to the short term accommodation operator/owners(s) of the disturbance that occurred at the short term accommodation premise and that any future occurrence to that particular short term accommodation premise may result in the issuance of an infraction Notice with corresponding Demerit Points. Section 7.0 to 7.5 Section removal- Pending direction to use POA Practice
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 11 of 12 Staff recommend the following Sections 7.0, 7.1, 7.2, 7.3, 7.4, and 7.5 under Licensing Committee of the Short Term Accommodation Licensing By-law 2013-50, as amended be removed as the proposed changes to the Short Term Accommodation appeal practice have been recommended by staff. Section 8.0 to 8.1 Section removal- Pending direction to use POA Practice Staff recommend the following Sections 8.0 and 8.1 under Committee Appeal of the Short Term Accommodation Licensing By-law 2013-50, as amended be removed as the proposed changes to the Short Term Accommodation appeal practice have been recommended by staff. Section 9.2 Section update-proposed to read as follows: 9.2 Regard to the nature, severity and frequency of non-compliances related to the premises, and any other premise owned by the owner, shall be considered by Council in considering the length of a suspension and/or a revocation. Section 11.0 to 11.6 Section removal Pending direction to use POA Practice Staff recommend the following Sections 11.0, 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 be hereby deleted as the proposed changes to Administrative Penalties have been recommend by staff. E. The Blue Mountains Strategic Plan Goal #3: Engage Our Communities & Partners Goal #4: Promote a Culture of Organizational & Operational Excellence F. In consultation with Rob Collins, Director of Enforcement Services and Fire Chief Shawn Everitt, Interim Chief Administrative Officer Shawn Postma, Senior Policy Planner G. Public Engagement The topic of this Staff Report has been subject to a Public Meeting which took place on May 28, 2018. Those who provided comments at the Public Meeting, including anyone who has asked to receive notice regarding this matter, has been provided notice of this Staff Report.
Special Committee of the Whole September 17, 2018 FAF.18.126 Page 12 of 12 H. Attached 1. Summary of Public Meeting Comments- May 28, 2018 2. Draft Short Term Accommodation Licensing By-law 2018 Respectfully Submitted, Kirsty Robitaille STA Coordinator/Municipal Licensing Officer Rob Collins Director or Enforcement Services and Fire Chief
FAF.18.126 Attachment 1 ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. 1 Christine Persaud 1. Owner of Delphi Lane Condo with existing STA Licence. Does not agree with decision to revoke STA licence upon renewal. 1. Town staff report PDS.18.45 provided a zoning review of existing licenced STA properties on Delphi Lane and Settlers Way and presented options on zoning compliance and/or to revoke licenses. Council directed staff to not renew STA 1. No modifications proposed. 2 Dan Simpson 1. Occupancy Load should continue for one additional sleep area in addition to all bedrooms. 2 person per bedroom + 2 person per one sleeping area + 2 persons (Sofa bed). 2. Reducing the occupancy load for these properties within the exemption areas will have a negative economic and tourism impact. 3 Denis Martinek 1. Occupancy limits is the most significant issue for Council to decide. Historically STA s (30 years old) commonly had 2-4 people per Bedroom. Higher occupancy levels permit STA Chalets to accommodate larger families that stay in Blue Mountain. 2. Occupancy Load should continue the same as it has been for the last 4 years since the licensing has been in effect. Using the 2+2+2 formula 3. Noise Complaints have decrease since 2014. 4. There has been no evidence presented that suggest occupancy load limits will impact noise/garbage/ Fire Safety. licenses upon expiry. 1. See Item 36 2. Comment Received. 1. See Item 36 2. See Item 36 3. By-law enforcement records confirm that noise complaints have steadily decreased year over year since the inception of the STA licensing program in 2014. 4. See Item 36 and Staff acknowledge that the current occupant load is established in the Zoning By-law, Property Standards By-law and Draft Licensing By-law. The Zoning By-law establishes a maximum occupant load of 8 persons for new STAs (save and except for the exemption areas) -See Section 5.24.1(b) to By-law 2009-03. The Property Standards By-law establishes The maximum number of occupants within a dwelling that is being operated as a STA shall not exceed a total number based upon 2 persons per bedroom plus an additional 2 persons. -See Section 5.06 to By-law 2014-46. Past concerns regarding what is a bedroom were raised and led to the creation of the interpretation policies that 1. Council direction required as outline in Staff Report FAF.18.126 2. No modifications proposed. 1. Council direction required as outline in Staff Report FAF.18.126 2. Council direction required as outline in Staff Report FAF.18.126 3. No modifications proposed. 4. Council direction required as outline in Staff Report FAF.18.126
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. allowed for a maximum of one additional sleeping area (ex. Den/office) and no more. Staff recognize that a maximum occupant load must continue to be provided in the Draft STA documents. 4 Dennis & Sandy Proudlove 1. Occupancy Load should continue for one additional sleep area in additional to all bedrooms. 2 person per bedroom + 2 person per one sleeping area + 2 persons (Sofa bed). 2. Reducing the occupancy load for these properties within the exemption areas will have a negative economic and tourism impact. 5 Godwin Odumnah 1. Owner of Delphi Lane Condo with existing STA Licence. Does not agree with decision to revoke licence upon renewal. 6 Reem & Leonardo Perez 1. Owner of Delphi Lane Condo with existing STA Licence. Does not agree with decision to revoke licence upon renewal. 7 Nadir Ahmed 1. Owner of Delphi Lane Condo with existing STA Licence. Does not agree with decision to revoke licence upon renewal. 2. Occupancy Load should continue for one additional sleep area in additional to all bedrooms. 2 person per bedroom + 2 person per one sleeping area + 2 persons (Sofa bed). 3. Reducing the occupancy load for these properties within the exemption areas will 1. See item 36 2. Comment received. 1. Town staff report PDS.18.45 provided a zoning review of existing licenced STA properties on Delphi Lane and Settlers Way and presented options on zoning compliance and/or to revoke licenses. Council directed staff to not renew STA licenses upon expiry. 1. Town staff report PDS.18.45 provided a zoning review of existing licenced STA properties on Delphi Lane and Settlers Way and presented options on zoning compliance and/or to revoke licenses. Council directed staff to not renew STA licenses upon expiry. 1. Town staff report PDS.18.45 provided a zoning review of existing licenced STA properties on Delphi Lane and Settlers Way and presented options on zoning compliance and/or to revoke licenses. Council directed staff to not renew STA licenses upon expiry. 2. See item 36 3. Comment Received. 1. Council direction required as outline in Staff Report FAF.18.126 2. No modifications proposed 1. No modifications proposed 1. No modifications proposed 1. No modifications proposed 2. Council direction required as outline in Staff Report FAF.18.126 3. No modifications proposed
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. have a negative economic and tourism impact. 8 Paul & Donna Carter 1. Are Area residents actively involved with STA issues/meetings. 2. Suggests occupancy loads are too high and suggest that disturbances in the neighbourhood will rise should Council consider higher occupant loads. 3. Feels existing STA licensing By-laws work & does not need to be changed. 4. Disagrees with Residents having to contact the responsible person will be contacting the O.P.P. 1. Staff recognize that residents are proactive and engaged on STA issues. 2. See item 36 3. Staff recognize that the STA Official Plan policies, Zoning By-law and Licensing By-law require updating to meet the framework and structure of existing Town documents. The intent of the updated documents is to maintain the intent of the STA program and to not become substantially more permissive or more restrictive from what exists. 4. Under the proposed Draft Licensing By-law Residents are not required to only contact the Responsible Person to issue a complaint. Residents have three options to deal with STA issues: 1) (preferred option) Contact the By-law Enforcement Department to issue a complaint or concern. The By-law Department is available during the day through the Town Hall and through evenings and weekends through the after-hours call service. All calls to the afterhours call service will be dealt with by By-law Enforcement. The after hours call service and their protocol is directly controlled by the By-law Enforcement Department 2) Contact the OPP. It is recognized that larger complaints/issues may be better dealt with by the OPP. However, it has been recognized that the preferred means of dealing with complaints/concerns is through the By-law Enforcement Department. As such, demerit points are only issued to STA complaints through OPP calls that result in a charge/conviction. 3) To call the Responsible Person directly to voice your concerns directly. 1. No modifications proposed 2. Council direction required as outline in Staff Report FAF.18.126 3. Directions from council required 4. No modifications proposed
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. 9 Blue Mountain Resort (BMR) 1. Suggest that Section B2.5 a) of the Draft Official Plan document should be modified to remain consistent with the wording in OMB approved OPA 11. 2. Typo corrections are required to Section B2.5(e)(i) for Residential Recreational and Blue Mountain Resort Area Medium Density Residential designations. 3. Suggests that the terminology used to describe STAs and other accommodation types be clarified in the Official Plan. 4. BMR strongly supports the proposed change to the definition of Commercial Resort Unit and Commercial Resort Unit Complex in Sections 3.31(iii) and 3.32. The reference to on one or more properties should be added to the end of these definitions as described in Staff Report FAF.18.42. 5. BMR questions if there is a need to carry the Commercial Resort Unit Complex definition forward. 6. BMR strongly agrees that a new definition for Rental or Lease Management Program is required, however the proposed definition is still to vague and offers that additional specifications such as, but not limited to, the provision of a front desk / housekeeping / maintenance / security services on a 24/7 basis / centralized accounting program / executed rental management agreement with a portion of rental income contributed toward the rental or lease management program / registered business in the province of Ontario / Proof of appropriate insurance / etc. be considered. 1. Agree. The STA documents are intended to remain consistent with the OMB approved decision. 2. Thank you 3. Staff has reviewed the terms used to describe accommodation types in the Draft Official Plan. 4. Agree. Definitions to be updated as described in Staff Report FAF.18.42 5. The Commercial Resort Unit Complex definition was developed in By-law 83-40 and was intended to recognize one building that contained ten or more CRU s. With the proposed modifications to the CRU definition to remove the requirement for all CRU s to be on the same lot, this definition is no longer required. Further commentary on this change is contained in Staff Report FAF.18.126 6. The Rental and Lease Management Program definition is intended to be modernized to reflect current accommodation practices and technologies, while also maintaining the requirement for a minimum critical mass for larger centralized STA related services. Town Staff wish to discuss the definition further with the STA industry and residents to ensure that the definition adequately captures the intent. A more specific definition is proposed based on the comments received through the Public Meeting process for further discussion. 7. Town Staff has proposed changes to the Parking Requirements for STA uses to recognize the anticipated number of cars that an STA use may generate. Staff also acknowledge that multi-unit buildings which were intended to pick up triplex, townhouse, rowhouse, horizontally attached, vertically attached and other similar unit types can offer two parking scenarios. First, a shared parking area that can be used by owners/guests 1. Modify the first paragraph by inserting subsection a) before the first paragraph. Delete the last sentence of the first paragraph that says Therefore, it is a policy of this Plan that:. Merge subsection a) into the first paragraph. This change is consistent with the text in OPA 11 2. For Section B2.5(e)(i) Delete the text Recreational Residential and replace with Residential Recreational. Insert the text Resort Area between the words Village and Medium. Modifications required 3. No modifications proposed. 4. Insert the text on one or more properties after the word buildings and before the ; under Section 3.31(iii) to the Zoning By-law. 5. Delete the definition 3.32 Commercial Resort Unit Complex in its entirety. 6. Delete and replace the proposed definition in Section 3.95(a) with the following: Rental or Lease Management Program means a program that provides for the full management of a minimum of ten commercial resort units including, but not limited to: a registered business that provides centralized operations and management of all commercial resort units independently from individual owner listings on online travel agency websites and shall provide a point of contact for security, housekeeping, maintenance, and accounting matters and be available on a 24 hour basis. A portion of all CRU rental income is required to contribute to the rental or lease management program. ----see also item 13 sheldon 7. Modify the parking section 5.14(a)(xxiv) by adding the words: for exclusive use only parking, a minimum of 1.0 parking spaces per guest room used for sleeping. 8. No further modifications proposed 9. No modifications proposed 10. No modifications required
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. 7. BMR objects to the proposed Parking changes for Section 5.14 (a) (xxiv) multiple unit building. 8. BMR requests it be provided with the with no assigned spaces. And second, private parking within a private laneway. It would appear that the original parking requirements for shared parking areas should be maintained, and 11. No modifications required 12. Table 1 to remain as written in existing Licensing Bylaw save and except for adding one new row as follows: professional parking study/or justification that the parking requirement for multi-unit Column 1 Column 2 Column 3 report that warrants the proposed change. properties that have private driveways and infraction reference demerit points 9. BMR respectfully suggests that section 4.3(9) (10) and (11) be revised so as to not apply to established condo developments that have already gone through a planning laneways should be increased to recognize the anticipated number of cars for the occupant load. 8. No professional parking study has been prepared. 9. It is recognized that established condominium Allowing activity that causes a disturbance 5.19 5 process and Site Plan Approval. 10. BMR supports the additional of language indication that every application for a STA licence will be reviewed in consultation with the Town s Planning & development Services staff as per section 4.6. 11. BMR supports proposed changes of the Offenses & demerit points system. 12. BMR recommends staff update table 1 to remain consistent with the proposed STA licensing By-law. 13. BMR supports the Occupancy Load Limit of 2+2+2 formula as it provides a unque accommodation type for a niche market segment. BMR is not aware of any evidence of increased disturbances based on the 2+2+2 occupant load formula. 14. BMR strongly supports that no changes are recommended to the Village Commercial Resort Units policies or zoning requirements. Further, BMR strongly support that CRU policies have no place within a zone permitting VCRUs. 15. The Town of The Blue Mountains Site Plan Control By-law 2010-57 (as amended) does not properly account for Site Plan Control for STA uses. BMR strongly recommends that staff commence a process to update corporations that are purpose built for resort accommodation have site plan, parking, garbage, management, etc plans in place. Staff are concerned that other residential condos may not have the appropriate infrastructure in place to accommodate new STA units. Staff can provide an exception to the By-law to recognize the purpose built resort condominiums. The license applications process will require this information to the satisfaction of Town Staff to ensure the STA use can be accommodated within the development. 10. Comment Received 11. Comment Received 12. Thank you. Table will be updated 13. See item 36 14. Comment Received 15. Comment Received 16. Town Staff recognize that there is a need for improvements to the provision of notice and the way documents are kept on the website. For the STA project, Staff has an email list for direct notice, and we have updated the STA webpage to include all reports. Staff have difficulties with the minimum accessibility requirements for the PowerPoint presentations and the Staff presentations will only be posted if they can be posted in an accessible format. 13. Council direction required as outline in Staff Report FAF.18.126 14. No modifications proposed 15. No modifications proposed 16. No modifications proposed
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. the Site Plan Control By-law 2010-57 shortly after the STA Official Plan, Zoning By-law and Licensing By-law documents are in place. 16. BMR notes significant concerns with communication and notice on the proposed changes to the STA program including provision of notice and availability of documents on the Town Website 10 Bill & Robin Pittaway 1. Terminate the practise of licensing of legal non-conforming units. 2. Disagrees with Residents having to contact the responsible person to deal with STA related complaints. Instead some residents will be contacting the O.P.P. directly. 3. Disagrees with proposed changes to section 5.24 that requires a person who files a complaint regarding an STA to contact the Responsible Person or After Hours service system. 4. Supports the use of Demerit Points. Demerit Points should assigned as soon as a charge is laid 5. Does not support the use of the Friendly Notice all notices should be Infraction Notices including a written notice issued and applicable demerit points assigned (Section 6.2) 1. By-law staff are not accepting anymore grandfathered properties as they should all be accounted for. The Town has also modified the STA application review process to also involve the Planning Department to provide Zoning compliance and Planning Act compliance reviews. 2. Under the proposed Draft Licensing By-law Residents are not required to only contact the Responsible Person to issue a complaint. Residents have three options to deal with STA issues: 1) (preferred option) Contact the By-law Enforcement Department to issue a complaint or concern. The By-law Department is available during the day through the Town Hall and through evenings and weekends through the after-hours call service. All calls to the afterhours call service will be dealt with by By-law Enforcement. The after hours call service and their protocol is directly controlled by the By-law Enforcement Department 2) Contact the OPP. It is recognized that larger complaints/issues may be better dealt with by the OPP. However, it has been recognized that the preferred means of dealing with complaints/concerns is through the By-law Enforcement Department. As such, demerit points are only issued to STA complaints through OPP calls that result in a 1. No modifications proposed 2. No modifications proposed 3. No modifications proposed 4. No modifications proposed 5. No modifications proposed
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. charge/conviction. 3) To call the Responsible Person directly to voice your concerns directly. 3. Further to the comments provided in item 2 above, Section 5.24 will be clarified to require a person to contact the By-law Enforcement Department for a complaint. It is noted that the after-hours call in centre acts for the By-law Enforcement Department outside of normal business hours and at the sole direction of the By-law Department. 4. The use of Demerit Points will continue and are not being eliminated. Demerit Points are only assigned after a guilty conviction and not assigned after a charge is made. Section 6.1(2) and 6.1(2)(a) of the Licensing By-law outlines the process for the Demerit Points System. 5. The use of a Friendly Notice is a common practice used in the By-law Enforcement Department on many different By-law complaints and is very similar to a warning. However the friendly notice takes a warning one step further by also including written records and written notice. The proposed Licensing By-law Section 6.2(a) is to formalize the Friendly Notice process. 11 Rob Simpson 1. In the March 29, 2018 Staff Report, staff provided an opinion as to where STAs were directed to and directed away from. The interpretation appears to flexible and will allow new STA s into lower density residential areas. The Official Plan needs a clear definition for an STA. 2. Suggest that staff assess legal conforming properties and which part is legal non-conforming. 3. Supports maintaining the existing 120 m separation distance. Suggests that the measurements should be taken from property lines. 1. Staff are maintaining the definition for an STA verbatim to the OMB approved OPA 11. Staff have also proposed to refine Opinion 1 by deleting the words unless it can be proven that there is no potential for adverse land use conflict between the STA and surrounding uses. There are no proposed changes to the wording contained in the Official Plan policies that are proposed to be implemented by Council. 2. Town Staff has modified the STA application review process with Planning Staff also aiding in a new prescreening process and license evaluation. Areas of non compliance with the By-law and legal non-conforming components are also reviewed. 1. No modifications proposed 2. No modifications proposed 3. No modifications proposed 4. Council direction required as outline in Staff Report FAF.18.126 5. No modifications proposed 6. No modifications proposed 7. No modifications proposed
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. 4. Supports the recommendations of Staff for Occupant Load issues and the requirement to clarify the definition of a Bedroom 5. Supports the option that all commercial resort units move back into compliance with the requirements off the Zoning By-law. 6. Disagrees with the proposed changes to the demerit point system. Supports the current practice of the STA Committee to hear appeals. Does not support the proposal to rely on the courts and Provincial Offences Act. 7. Disagrees with the proposed changes to the responsible person system. Staff complete this exercise during the initial and renewal application process. 3. Staff will continue to apply the 120 metre separation distance. Staff measure the 120 metres from the STA use, being the building or unit that contains the STA and not the property line. No new STA would be permitted to be located within 120 metres of another STA building/unit. 4. See Item 36 Comments 5. Staff Report FAF.18.42 presented two options regarding CRUs. Option 1 was to enforce the By-laws in place and get all individual CRUs to move back into compliance with the By-laws. Option 2 considered a licensing program for CRUs similar to the licensing program in place for STAs. Staff recommended Option 1 that all CRUs move back into compliance with the Zoning By-law and also provided some modernized definitions and Zoning By-law regulations to provide some additional flexibility for CRU units. 6. The use of Demerit Points will continue and are not being eliminated. The appeals process is still in place, however all appeals will be heard by the courts. This was the clear direction provided by Council and staff are not making any recommendations for modifications in this regard. 7. Under the proposed Draft Licensing By-law Residents are not required to only contact the Responsible Person to issue a complaint. Residents have three options to deal with STA issues: 1) (preferred option) Contact the By-law Enforcement Department to issue a complaint or concern. The By-law Department is available during the day through the Town Hall and through evenings and weekends through the after-hours call service. All calls to the after-hours call service will be dealt with by By-law Enforcement. The after hours call service and their protocol is directly controlled by the By-law Enforcement Department 2) Contact the OPP. It is recognized that larger complaints/issues may be better dealt with by the
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. OPP. However, it has been recognized that the preferred means of dealing with complaints/concerns is through the By-law Enforcement Department. As such, demerit points are only issued to STA complaints through OPP calls that result in a charge/conviction. 3) To call the Responsible Person directly to voice your concerns directly. 12 Shawn Keown 1. Occupancy Load should continue for one additional sleep area in additional to all bedrooms. 2 person per bedroom + 2 person per one sleeping area + 2 persons (Sofa bed). 2. Reducing the occupancy load for these properties within the exemption areas will have a negative economic and tourism impact. 13 Sheldon Rosen 1. Does not agree with decision to revoke licence upon renewal for Delphi Lane Units. 2. The Mountain Springs property does not permit STAs, and yet STA licenses have been issued for 43 units contrary to the Bylaws. 3. Suggest that the definition of Lease and Management Program requires further refinement. Details on the definition have been submitted for consideration. 1. See Item #36 2. Comment Received 1. Town staff report PDS.18.45 provided a zoning review of existing licenced STA properties on Delphi Lane and Settlers Way and presented options on zoning compliance and/or to revoke licenses. Council directed staff to not renew STA licenses upon expiry. 2. Staff Report FAF.18.42 presented two options regarding CRUs. Option 1 was to enforce the Bylaws in place and get all individual CRUs to move back into compliance with the By-laws. Option 2 considered a licensing program for CRUs similar to the licensing program in place for STAs. Council provided direction to move forward with Option 1 that all CRUs move back into compliance with the Zoning By-law and also provided some modernized definitions and Zoning By-law regulations to provide some additional flexibility for CRU units. Similar to Delphi Lane, existing STA licenses will remain in effect until their expiry at which time a STA renewal will not be available. 3. Thank you for the information submitted for the definition of Rental Manager and Lease and 1. Council direction required as outline in Staff Report FAF.18.126 2. No modifications proposed 1. No modifications required 2. No modifications required 3. Delete and replace the proposed definition in Section 3.95(a) with the following: Rental or Lease Management Program means a program that provides for the full management of a minimum of ten commercial resort units including, but not limited to: a registered business that provides centralized operations and management of all commercial resort units independently from individual owner listings on online travel agency websites and shall provide a point of contact for security, housekeeping, maintenance, and accounting matters and be available on a 24 hour basis. A portion of all CRU rental income is required to contribute to the rental or lease management program.
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. Management Program. The Rental and Lease Management Program definition is intended to be modernized to reflect current accommodation practices and technologies, while also maintaining the requirement for a minimum critical mass for larger centralized STA related services. 14 Stuart Frith 1. Occupancy Load should continue for one additional sleep area in additional to all bedrooms. 2 person per bedroom + 2 person per one sleeping area + 2 persons (Sofa bed). 2. Reducing the occupancy load for these properties within the exemption areas will have a negative economic and tourism impact. 3. Noise complaints have decreased since the licensing by-law has been in place. 4. suggest no changes to the interpretation policy 14.02 bedroom 5. Supports the Staff recommendations for the Demerit Point System and the Responsible Person system. Believes it is integral to the success of the STA program. 1. See Item 36 2. Comment Received. 3. By-law enforcement records confirm that noise complaints have steadily decreased year over year since the inception of the STA licensing program in 2014. 4. See Item 36 5. Comment received 1. Council direction required as outline in Staff Report FAF.18.126 2. No modifications proposed 3. No modifications proposed 4. Council direction required as outline in Staff Report FAF.18.126 5. Modifications proposed 15 Tamara Adamson 1. Occupancy Load should continue for one additional sleep area in additional to all bedrooms. 2 person per bedroom + 2 person per one sleeping area + 2 persons (Sofa bed). 2. Reducing the occupancy load for these properties within the exemption areas will have a negative economic and tourism impact. 16 Terry Kellar 1. Agrees with the calculations on capacity to include actual bedroom count and ensuring parking availability. 2. Disagrees with proposed changes to the responsible person system. Will continue to report to the O.P.P after-hours. 1. See Item 36 2. Comment Received 1. See Item 36 2. Under the proposed Draft Licensing By-law Residents are not required to only contact the Responsible Person to issue a complaint. Residents have three options to deal with STA issues: 1) (preferred option) Contact the By-law Enforcement Department to issue a complaint or 1. Council direction required as outline in Staff Report FAF.18.126. 2. No modifications proposed. 1. Council direction required as outline in Staff Report FAF.18.126 2. No modifications proposed 3. No modifications proposed
ITEM Author Comments Staff Comment Proposed Modifications to Official Plan, Zoning By-law and/or Licensing By-law Documents. 3. Disagree with proposed changes to the demerit point system. The demerit point system has been effective in the past and should not be weakened. concern. The By-law Department is available during the day through the Town Hall and through evenings and weekends through the after-hours call service. All calls to the afterhours call service will be dealt with by By-law Enforcement. The after hours call service and their protocol is directly controlled by the By-law Enforcement Department 2) Contact the OPP. It is recognized that larger complaints/issues may be better dealt with by the OPP. However, it has been recognized that the preferred means of dealing with complaints/concerns is through the By-law Enforcement Department. As such, demerit points are only issued to STA complaints through OPP calls that result in a charge/conviction. 3) To call the Responsible Person directly to voice your concerns directly. 3. The application of demerit points related to infractions is remaining in place. The way demerit points are assigned remains the same, however it should be noted that points are assigned upon conviction and that the appeals process will be dealt with through the courts system. 17 Akhilesh Mittal & Shivraj Dheer 1. Owner of Delphi Lane Condo with existing STA Licence. Does not agree with decision to revoke licence upon renewal 18 David Finbow 1. The Blue Mountain Short Term Accommodation Owners Association (BMSTA) recognizes the significant successes of the STA program so far related to disturbances and accountability. 2. Occupant Load requirements to respect the OMB decisions/adjudication and to 1. Town staff report PDS.18.45 provided a zoning review of existing licenced STA properties on Delphi Lane and Settlers Way and presented options on zoning compliance and/or to revoke licenses. Council directed staff to not renew STA licenses upon expiry. 1. Comment Received 2. See Item 36 3. Comment Received. No further direction from council regarding request of BMSTA. 1. No modifications proposed. 1. No modifications proposed 2. Council direction required as outline in Staff Report FAF.18.126 3. No modifications proposed