Owners of properties at Friday Harbour Resort may soon be able to live in their units any time they wish – no longer bound by occupancy restrictions that forced them to vacate the property for at least 60 days a year.
In Wednesday night’s virtual meeting of council, councillors voted to adopt Official Plan Amendment 2 to the Big Bay Point Resort Secondary Plan, and the Zoning By-law amendment that removes current occupancy restrictions.
Big Bay Point Resort (now Friday Harbour Resort) received OMB approval in 2007. At the time, the Secondary Plan and Zoning By-law specified that owners of resort residential units “can occupy their units for no more than 185 consecutive days a year, with a maximum occupancy of 300 days a year.”
The restrictions, as well as phasing of construction that required amenities to be built before any residential units were constructed, were designed to ensure that Friday Harbour would develop as a Resort, and not just another subdivision.
It was the Friday Harbour Resort Association, representing five condominium associations and 660 residents, that applied for the amendments to the Official Plan and Zoning Bylaw, arguing that there is no longer any doubt that Friday Harbour is a year-round resort – and that the restrictions are now preventing the resort from developing to its full potential.
The Association asked that occupancy restrictions be removed, and that “Four Seasons Resort Residential Units” be substituted for the terms “non-permanent resort residential units” and “restricted occupancy resort residential units.”
The request was supported by 400 letters received from property owners at Friday Harbour.
In Wednesday’s meeting, councillors heard from several speakers during Open Forum, as well as a delegation by Cheryl Shindruk, Executive Vice President of Geranium, a co-developer of Friday Harbour Resort.
Resident Giacomo Parisi spoke in favour of the amendments. “It would give me a chance to occupy Friday Harbour resort all year round,” Parisi said - a “home with resort benefits”
He confirmed that the occupancy restrictions create a barrier to financing. Parisi said he had purchased three units, for himself and his family. “Unfortunately, we had to pay in full at this time,” he said, unable to get a standard mortgage.
Pauline Niles also supported the amendments, suggesting that lifting restrictions “will support and sustain the economic growth of Friday Harbour.”
But Megan Varga raised additional questions, wondering if the Council of the day or the Lake Simcoe Region Conservation Authority would have approved the resort initially, had they known that it would be 365-day occupancy.
“It’s not a done deal, not until after tonight and after the appeal period,” Varga said, arguing that Friday Harbour has had a dramatic impact on the health of Lake Simcoe, “and now they want 365-day occupancy.”
A staff report presented to Council noted that the units were always approved for 365 days of occupancy – just not by the owners. Property owners have always been able to rent out their units when not residing at Friday Harbour, and water and waste-water services were designed for year-round residency.
The County of Simcoe has expressed no concerns, noting that the Growth Plan permits “resource based recreational use” (i.e., a resort) outside of settlement areas, with no impact on population allocations under the growth plan, or future land needs assessments.
The report also concluded that there would be no negative impact on the economic benefits to the community provided by Friday Harbour Resort, as a result of the lifting of the restrictions.
Staff did recommend a number of additional modifications to the amended Secondary Plan and Zoning Bylaw, to strengthen the identity of Friday Harbour as a Resort.
In addition to a new definition of “Resort Community,” the changes would preserve the right of property owners to rent out their units seasonally or short-term; require the Resort Association to develop a rental program; require all unit owners to belong to the Resort Association; and call for a new Resort Amenity Master Plan, before Phase 3 of Friday Harbour can proceed.
To further distinguish between “settlement area” and resort, it was noted that the Resort will not provide public services normally found in complete communities, like schools. Both the Simcoe County District School Board and Simcoe Muskoka Catholic School Board had indicated that local schools are at capacity, and unit owners will need to send their children out of area. The information will be provided to purchasers.
Shindruk noted that a professionally managed Friday Harbour Rental Program is already in the works, as is the updating of the Amenities Master Plan. An additional 17,000 sq.ft. of retail space on the Boardwalk will be opening in 2021, including a pub, espresso bar, bakery, salon, pharmacy and walk-in clinic, pet store, toy and candy shop, clothing store and Sushi restaurant.
Steven Rhys of Forrec Lt. consultants provided additional details of proposals for a hotel, and an iconic new structure and amphitheatre to be located on the Pier.
Coun. Carolyn Payne asked why the occupancy restrictions had been established in the first place.
“To ensure that Friday Harbour developed as a resort, and not just as a conventional residential community,” said Shindruk – just one of a "suite of measures" put in place at the time.
She noted that Friday Harbour is recognized as a 'world class resort.'
“The commitment to delivering a Four Season Resort experience here in Innisfil at Friday Harbour continues to be enshrined in the approval document and the amendments that are before you,” she said, warning, “The occupancy restrictions are undermining the success of the resort today... hindering its ability to go to the next level.”
Later in the meeting Payne spoke in favour of removing the occupancy restrictions on owners.
“They do pay full property taxes. They should be entitled to live in their residences 365 days of the year,” she said. “It won’t make any difference if it is 365 days – Friday Harbour will continue to be a resort experience, whether you live there or don’t.”
“It’s an opportunity for investment to happen in Friday Harbour,” said Coun. Waters. “I was on the fence about it, but I think it all comes down to, I want them to be successful.”
One question that remained was the control of Airbnb rentals, especially since the amendments ensure the right of owners to rent out their units on a “seasonal, short term or daily” basis.
Council was told that the formalized rental program now being developed should provide control. “The commitment by Friday Harbour (is) to have that resort-owned rental program in place by next year,” said Planner Mary Nordstrom.
The recommendation to adopt the Official Plan and Zoning Bylaw Amendments for Friday Harbour Resort was approved unanimously. Approval by the County is the next step in the process.
