PLANNING REPORT # 2020 - 47

RECOMMENDATION
 

That Planning Staff Report # 2020 - 47 regarding the Interim Control By-law and Short-Term Accommodations be received; and further,

That Council:

1. Authorize a planning study of Short-Term Accommodations to develop planning recommendations and a potential regulatory framework; and,

2. Adopt the proposed Interim Control By-law.

BACKGROUND
 

Both staff and Council have been advised of Short­Term Accommodation properties operating within the municipality and issues associated with those unauthorized uses.

Short-Term Accommodations are generally residential properties that are rented by individuals over a period of a few days to one or two weeks.  They are a commercial use of a residential property for the purpose of providing accommodation to the travelling public. They are distinct from commercially zoned accommodations uses such as hotels and motels.  They are also distinct from bed and breakfasts which are home occupations where accommodation is provided but the primary resident must reside in the dwelling providing such accommodation.  The Township zoning by-law already establishes comprehensive provisions related to bed and breakfast uses. In most cases the registered owner does not reside at the property and in many cases the registered owner does not meet the renters and all arrangements for accommodation are made over the internet.

A review of the various internet platforms for Short Term Accommodation rentals (Airbnb, Hometogo, Flipkey, VRBO, HomeAway, Sander, and Canadastays) indicates that there are a number of properties currently listed for rental over the various sites in the municipality with a concentration in the southern portion of the Township.

Residents in the immediate area of these short term rentals have raised a number of concerns with staff and Council including noise, large group partying and other neighbourhood impacts.  

Short-Term Accommodations are a relatively new phenomenon and municipalities have experienced various planning and enforcement issues in relation to the use.  This includes the issues already mentioned and well as impacts on housing availability and affordability, property standards complaints and servicing impacts.

On the basis of the concerns being raised by residents, staff were directed to review the issue of Short-Term Accommodations and advise on next steps toward establishment of a planning and regulatory framework and an interim control by-law.

ANALYSIS AND DISCUSSION
 

Short-Term Accommodations is an evolving and on-going planning issue in a number of municipalities. Approaches taken by municipalities are based on the issues raised and the specifics impacts on that municipality. Development of a strategy involves determining the extent of the phenomenon in the municipality and the issues created, and then developing an approach that best addresses those issues in consideration of the planning context and administrative resources of the municipality.  The approach to Short-Term Accommodations needs to be localized. While the Township can learn from other municipalities, and the approaches they have chosen or not chosen to implement, ultimately the measures taken needs to be appropriate for Adjala-Tosorontio.

A strategy ideally needs to consider:

• minimizing nuisances and the potential conflicts between the community and the rentals;
• minimizing negative impacts on housing affordability and availability;
• maintaining community stability and character;
• recognizing the economic impacts the rentals can have on the local economy; and,
• potential financial and staff resources impacts of establishing a regulatory regime.

A strategy should also have an outcome of that provides detailed recommendations and implementation tools related to licensing, registry and administration, and enforcement.

Development of a strategy should include the following steps:

• review the Short-Term Accommodation context in the Township (indication of numbers and types of units, issues etc.);
• review best practices in other municipalities and determine which approaches best address the issues faced by Adjala-Tosorontio;
• obtaining initial public input on Short-term Accommodations through a community survey and public input process;
• developing draft recommendation including any required amendments to the official planning, zoning by-law and site plan control practices as well as a regulatory licencing framework; and,
• obtaining further public input on the draft recommendations for final consideration by Council.

Input from operators and the public is essential to the development of a strategy and ensuring that it meets local needs.  Such input ideally takes place in a variety of manners including a community survey, a virtual open-house, and the formal public meeting processes provided for under relevant legislation applicable to the implementation tools to be utilized (e.g. a public meeting under the Planning Act if a zoning by-law amendment was recommended as a component of a Short-Term Accommodation Strategy).

A review of Short-Term Accommodations will require staff time as well as the resources of the Township’s planning consultant.  The estimated consulting cost of undertaking a Short-Term Accommodation Strategy Study, including potential preparation of planning and regulatory recommendations, is $25,000.00.

Staff have been requested to provide a recommendation with respect to utilization of an interim control by-law to prohibit Short-Term Accommodation uses as the Township’s strategy in regard to these uses is developed.

While there are a variety of commercial accommodations that are provided for in the Township’s planning documents (e.g. boarding and rooming houses, motels and hotels) which are distinct and separate uses, Short-Term Accommodations of the nature requiring the planning review are currently not permitted.  An interim control by-law can also prohibit establishment of short term rental accommodations while a Short-Term Accommodation review is underway.  Specifically the Planning Act states that Council can pass an interim control by-law “prohibiting the use of land, buildings or structures within the municipality or within the defined area or areas thereof for, or except for, such purposes as are set out in the by-law.”

A municipality can pass an interim control by-law to control development for a time period of up to one year (from the passing of the by-law) in order to carry out a review or study. That by-law can however be amended to allow the period to extended for one additional year. If the municipality does not complete the study, or pass a zoning by-law within the time period set out in the interim control by-law, then the zoning provisions that applied prior to the interim control by-law again come into effect. Another interim control by-law cannot be passed for the same lands for at least 3 years. No notice or hearing is required prior to the passing of an interim control by-law, however notice of passing of the by-law must be made by the Clerk within thirty days of the passing of the by-law.  While only the Minister may appeal the initial passing of the by-law, the public does have a right to appeal any extension of the by-law.

LEGAL IMPLICATIONS

The adoption of a strategy to deal with Short-Term Accommodations will allow for appropriate regulation of land use.   Regulation of the use may by subject to legal challenges and appeals subject to the nature of implementation recommendations and the measures to be established.

FINANCIAL IMPLICATIONS
 

Establishment of a Short-Term Accommodation Strategy will facilitate interpretation and a public understanding of the permissions and approval requirements for Short-Term Accommodation uses and assists in streamlining the land use enforcement process as well as ensuring that development occurs in accordance with intent of Council.

The Short-Term Accommodation Strategy should consider financial implications of establishing regulations and make recommendations with respect to cost recovery.

POLICY IMPLICATIONS

Short-Term Accommodations are a relatively new phenomenon and there is currently a policy vacuum in regard to this land use in the Township.  The Strategy addresses the need to establish clear policy with regard to the municipality’s vision with respect to these uses.

COMMUNITY BASED STRATEGIC PLAN IMPLEMENTATION

Effective Governance

CONSULTATIONS
 

Future consultation recommended in development of the Short-Term Accommodation Strategy.

NEXT STEPS

1. That Council direct staff to proceed with a Short-Term Accommodation Review  including an expenditure of up to $25,000 by the Township’s Planning Consultants to carry out the review.
2. That Council adopt an Interim Control By-law to prohibit the establishment of Short-Term Accommodation uses while the review is underway in accordance with the Planning Act.

ATTACHMENTS
 

By-Law, an Interim Control By-law.

CONCLUSION
 

Authorization of a review will allow Council to consider the need for and merits of a regulatory regime for Short-Term Accommodation Units.

Establishment of an interim control By-law will allow appropriate opportunity to undertake a review of Short-Term Accommodations.

Prepared by: Michael Wynia, MCIP, RPP, Skelton, Brumwell and Associates Inc.

THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO

BY-LAW NUMBER XX-XX

AN INTERIM CONTROL BY-LAW

WHEREAS Section 38 of the Planning Act, R.S.O. 1990, c. P. 13, as amended,

authorizes council of a municipality to pass an interim control by-law where Council has directed that a review or study be undertaken in respect of land use planning policies in the municipality, or in any defined area or areas for such purposes as are set out in the interim control by-law;

AND WHEREAS the Council of the Corporation of the Township of Adjala-Tosorontio has adopted a Resolution directing Staff and it’s Planning Consultant to undertake a Land Use Planning Study to review Short-Term Rental Accommodations in the Township;

AND WHEREAS Council has deemed it necessary and expedient to pass this

Interim Control By-law to temporarily prohibit the establishment of new Short-Term Rental Accommodations within specific zones in its Comprehensive Zoning By-law in order to provide the Township with the necessary time to undertake and complete this study and prepare the necessary planning tools to implement the findings of the study;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF

ADJALA-TOSORONTIO HEREBY ENACTS AS FOLLOWS:

1. For the purposes of this By-law “Short-Term Rental Accommodation” means the use of a dwelling or mobile home or any part of the foregoing as a place of temporary habitation, lodging or occupancy under authority of a concession, permit, lease, licence, rental agreement or similar commercial arrangement authorizing such temporary habitation, lodging or occupancy for a period equal to or less than thirty (30) consecutive calendar days. For the purpose of this By-law the definition of “Short Term Rental Accommodation” does not include a bed and Breakfast, a motel, a hotel or a boarding or rooming house as defined in By-laws 03-56 and 03-57 as amended, nor does it include the rental of a dwelling that is subject to the Residential Tenancies Act, 2006, S.O. 2006, c.17.

2. This by-law applies to all lands within the Township of Adjala-Tosorontio other than the following zones:

1)     General Commercial (C1);

2)     Highway/Service Commercial (C2);

3)     Trailer Park (C3);

4)     Institutional (I);

5)     General Industrial (M1);

6)     Extractive Industrial (M2);

7)     Disposal industrial (M4);

8)     Open Space Recreation (OSR);

9)     Open Space Conservation (OSC);

10)  Oak Ridges Moraine General Commercial (ORMC1);

11)  Oak Ridges Moraine Institutional (ORMI); and,

12)  Oak Ridges Moraine Extractive Industrial (ORMM2).

3. This by-law prohibits the use of land, buildings or structures within the specified lands within the municipality for a Short-Term Rental Accommodation use during the term of this By-law.

4. If any provision or requirement of this By-law or the application thereof to any person shall to any extent be held to be invalid or unenforceable, the remainder of this By-law or the application of such provision or requirement to all persons other than those to which it is held to be invalid or unenforceable, shall not be affected thereby and each provision and requirement of this By-law shall be separately valid and enforceable to the fullest extent permitted by law.

5. That subject to the provisions of the Planning Act, R.S.O. 1990, as amended, this By-law shall come into force on the date it is passed by the Council of the Corporation of the Township of Adjala-Tosorontio and shall be in effect until November 11, 2021, being a period of one (1) year from the date of enactment, unless otherwise terminated or extended in accordance with the provisions of the Planning Act, R.S.O. 1990, as amended.

THAT notwithstanding anything contrary to the rules of procedure, this By-law be introduced and read a first and second time and be considered read a third time and finally passed this 12 day of November, 2020.

Floyd Pinto, Mayor

Alice Byl, Acting Clerk