In early discussions about the Friday Harbour Resort development, Innisfil Town Council worried that, once approvals were granted, the developer might abandon plans for a resort-style development, and instead build a standard subdivision on the lands now described as 3999 Friday Drive.
In part to ensure that the developer would deliver a “Resort Community,” the by-law for Friday Harbour slapped non-permanent occupancy restrictions on the 2,600 condominium and townhome units to be built.
Under those restrictions, purchasers can only occupy their units for 185 consecutive days, and then must vacate the property for a 65-day period, or two periods of 35 days each. The maximum occupancy per unit is 300 out of 365 days.
With 1,000 units now sold, more under construction, and the resort community well-established, five condominium corporations have now petitioned the Resort Association to seek a minor variance that would lift the occupancy restrictions.
“Our unit owners and their immediate families have long suffered and complained of the pains of having occupancy restrictions inhibit their use and enjoyment of their Friday Harbour Resort units and all the resort has to offer,” stated the application to Innisfil’s Committee of Adjustment.
The application also noted, that with units selling for up to $1 million or more, the restriction “inhibits sales and market values,” can make it difficult to secure mortgage financing – and impedes “the Resort’s ability to deliver its full potential tourism and economic benefits.”
So far, approximately $750 million has been invested in the development of Friday Harbour Resort, its 1,000-slip marina, 18-hole golf course, retail and other amenities. By the time the resort is fully built-out, the total investment is expected to top $2 billion, and include a 400-unit hotel, conference centre, and theatre.
Friday Harbour is already recognized as a four-season resort; the applicant asks that “restricted occupancy” be deleted from the by-law, and that “four seasons” be substituted for “non-permanent” residency – especially since “the provincial act does not require that the resort lands be occupied on a non-permanent basis.”
The final argument: the change in occupancy terms will still maintain the general intent and purposes of both the official plan and zoning by-law, presenting “no change to land use, no change to potential capacity utilization and no impacts on the Town infrastructure and services.”
However, moving from a maximum occupancy of 300 days per unit per year, to 365 days could potentially increase water and wastewater demand by over 20 percent, if every owner took advantage of the opportunity.
Calling that the “worst case” scenario, Innisfil Development Leader Nick Skerratt noted that the application “is circulated to all internal and external commenting agencies and departments,” including InnPower, the municipal corporation that handles the Town’s sewer and water servicing.
“Everybody within that circulation has the ability to comment,” Skerratt said, suggesting that Innpower “will be reviewing those flows, and infrastructure.”
In early talks about Friday Harbour, there was a suggestion that, as a resort community, it might be exempt from paying education development charges or levies. Skerratt said that while the Development Charges (DC) By-law does provide for some exemptions – “for example, for places of worship” – Friday Harbour has not been exempt, and has paid all municipal, Simcoe County and Education DCs.
“It is not identified within that by-law that Friday Harbour has any of those exemptions,” he noted. “They are subject to pay those, in even a resort community.”
The application states that Friday Harbour has paid $33 million in DCs to the town, county and school boards to date – and generates $20 million annually in property taxes payable to the town of Innisfil, county, and to the province for education.
“Friday Harbour isn’t complete. There’s a lot of development still to happen,” said Skerratt – and when it does proceed, the developers will pay all appropriate DCs, at the current rate.
The Committee of Adjustment currently meets via a monthly conference call, during the ongoing COVID-19 pandemic.
The Friday Harbour application was initially scheduled to be heard on June 18, but has been deferred to July 16. Interested parties can find more information by clicking here.
If turned down by the Committee of Adjustment, the applicants can appeal to the Local Planning Appeal Tribunal (LPAT), the body that has replaced the Ontario Municipal Board as the final arbiter in planning matters.
