OFFICIAL PLAN AMENDMENT NO. 2 OFFICIAL PLAN OF THE

Transcription

1 OFFICIAL PLAN AMENDMENT NO. 2 OFFICIAL PLAN OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN LOUCKS PROPERTY 915 LOUCKS ROAD PART OF LOT 9 & 10, CONCESSIONS 4 & 5 OTONABEE WARD TOWNSHIP OF OTONABEE-SOUTH MONAGHAN Prepared For: The Corporation of the Township of Otonabee-South Monaghan Prepared By: Clark Consulting Services Port Hope, Ontario December 2012 Revised November 2014 Revised November 2015 Revised January 2016

2 THE CORPORATION OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN BY-LAW NO Being a By-law passed pursuant to the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, as amended. The Council of the Corporation of the Township of Otonabee-South Monaghan, in accordance with the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, as amended, hereby enacts as follows: 1. Amendment No. 2 to the Official Plan of the Township of Otonabee-South Monaghan, consisting of the attached explanatory text and Schedule A, is hereby adopted. 2. The Clerk is hereby authorized and directed to make application to the County of Peterborough for approval of Amendment No. 2 to the Official Plan of the Township of Otonabee-South Monaghan. 3. The Clerk is hereby authorized and directed to proceed with the giving of notice under Section 17(23) of the Planning Act. 4. This By-law shall come into force and take effect on the day of final passing thereof. Enacted and passed this 25 th day of January, Signed: Reeve, David Nelson Signed: Clerk, Heather Scott CORPORATE SEAL OF MUNICIPALITY

3 CERTIFICATE AMENDMENT NO. 2 OFFICIAL PLAN OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN The attached explanatory text and Schedule A, constituting Amendment No. 2 to the Official Plan of the Township of Otonabee-South Monaghan, was prepared by the Council of the Township of Otonabee-South Monaghan and was adopted by the Council of the Township of Otonabee-South Monaghan by By-law No in accordance with the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, on the 25 day of January, Signed: Reeve, David Nelson Signed: Clerk, Heather Scott CORPORATE SEAL OF MUNICIPALITY This Amendment to the Official Plan of the Township of Otonabee-South Monaghan, which has been adopted by the Council of the Township of Otonabee-South Monaghan, is hereby approved in accordance with the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, as Amendment No. 2 to the Official Plan of the Township of Otonabee-South Monaghan. Date Bryan Weir Director of Planning County of Peterborough

4 AMENDMENT NO. 2 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN TABLE OF CONTENTS ADOPTION BY-LAW PAGE CERTIFICATE TABLE OF CONTENTS 1 INTRODUCTION 2 PART A -- THE PREAMBLE 3 1. Purpose of the Amendment 3 2. Location of the Subject Lands 3 3. Basis of the Amendment 4 PART B -- THE AMENDMENT 5 1. Introductory Statement 5 2. Details of the Amendment 5 3. Implementation and Interpretation 7 SCHEDULE A 8 PART C -- APPENDICES 9 Appendix No. 1 Planning Reports Appendix No. 2 Public Meeting Notices and Minutes Appendix No. 3 Public Comments Appendix No. 4 Agency Review Comments 1

5 AMENDMENT NO. 2 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN INTRODUCTION STATEMENT OF COMPONENTS PART A PART B PART C THE PREAMBLE does not constitute part of this Amendment. THE AMENDMENT, consisting of the following text and Schedule A constitutes Amendment No. 2 to the Official Plan of the Township of Otonabee-South Monaghan. THE APPENDICES, do not constitute part of Amendment No. 2 to the Official Plan of the Township of Otonabee-South Monaghan, and contain planning reports, background information and public and agency comments pertaining to this Amendment. SCHEDULE A 2

6 PART A -- THE PREAMBLE Only that part of the document entitled PART B -- THE AMENDMENT and the map identified as Schedule A constitutes Amendment No. 2 to the Official Plan of the Township of Otonabee-South Monaghan. 1. PURPOSE OF THE AMENDMENT The Township of Otonabee-South Monaghan is in receipt of an application to amend the Official Plan of the Township of Otonabee-South Monaghan. The applicant for the Amendment is Clark Consulting Services, as agent for the owners of the property, Janet Loucks and Peter Loucks. The purpose of the Official Plan Amendment is to amend the Official Plan of the Township of Otonabee-South Monaghan by amending Section Special Policy to permit a 174-unit trailer camp for park model trailers and occasional-use rental cabins, and to permit the operation of the trailer camp for temporary (seasonal) accommodation within the boundaries of the Special Policy area to be identified on Schedule A of the Official Plan. The Special Policy will also set out site-specific policies concerning the use and operation of the proposed trailer camp. 2. LOCATION OF THE SUBJECT LANDS The Official Plan Amendment applies to lands located in part of Lots 9 and 10, Concessions 4 and 5, in the Otonabee Ward of the Township of Otonabee-South Monaghan. The municipal address of the property is 915 Loucks Road. The site is located on the north shore of Rice Lake, at the south end of Loucks Road. The subject property includes lands on both the east and west sides of Loucks Road, Loucks Road is an unopened road allowance where it crosses the subject lands. The area affected by the Amendment is approximately 24 hectares. This area includes lands currently the subject of a severance application (County of Peterborough File No. B-66-15), located on the east side of Loucks Road, which is the location of the water access and one of the wells to supply fresh water to the development. The area of the overall property owned by the applicant is approximately 68 hectares. The site of the Official Plan Amendment is currently vacant and is used for pasture. An existing dwelling and accessory buildings are located immediately to the north of the subject lands, on the west side of Loucks Road, on lands that are owned by the applicant. The subject lands are shown on Schedule A of the Amendment. 3

7 3. BASIS OF THE AMENDMENT The Township of Otonabee-South Monaghan is in receipt of an application to amend the Official Plan of the Township of Otonabee-South Monaghan. The owner has also submitted an application to amend Zoning By-law No of the Township of Otonabee-South Monaghan for the same property. In 2008, the owner applied for an official plan amendment and zoning by-law amendment to permit a 74 unit trailer camp for the temporary (seasonal) accommodation of tourist trailers, tourist vehicles, recreational vehicles, and park model trailers (CSA Z-241 Standard) within the boundaries of the Special Policy area to be identified on Schedule A of the Amendment. Since OPA No. 4 was approved, the business plan for the property was revised and the owners are now proposing to develop a trailer camp which will contain up to 160 park model trailer sites for park model trailers. An additional fourteen sites (for a total of 174 sites) may be developed for either park model trailers or rental cabins for occasional use by visitors. It is intended that the park model trailers may be permanently located on the property but which will only be occupied on a seasonal basis. The trailer camp is not intended to be used for tourist trailers, tourist vehicles, or recreational vehicles. The 24 hectare site that is the subject of the Official Plan Amendment is predominantly designated as Shoreline with a portion designated Shoreline Special Policy Area to reflect OPA No.4, in the Official Plan of the Township of Otonabee-South Monaghan. Section 5.4 of the Official Plan outlines policies for the Shoreline land use designation. Section lists permitted Commercial uses in the Shoreline designation. Permitted uses include resort complexes, tourist establishments including lodges and rental cabins, trailer camps, marinas, neighbourhood stores, recreational establishments, and similar uses, subject to all applicable policies of the Official Plan. However, Section 5.4.2(b)(iii) indicates that the Shoreline designation recognizes only existing trailer camps and accessory residential uses. The establishment of a new trailer camp within the Shoreline designation requires an amendment to the Official Plan. An amendment to the Official Plan is therefore required to permit the establishment and operation of the proposed park model trailer camp on the subject lands. The proposed Official Plan Amendment No. 2 for the subject lands will have the effect of establishing a Special Policy for the site within the existing Shoreline land use designation. The Shoreline designation will be retained. The Special Policy will permit the establishment and operation of a trailer camp for the temporary (seasonal) accommodation of park model trailers and rental cabins within the boundaries of the Special Policy area and subject to the policies set out in the Amendment. 4

8 PART B -- THE AMENDMENT 1. INTRODUCTORY STATEMENT All of this part of the document entitled Part B -- THE AMENDMENT consisting of the following text and the attached map designated as Schedule A constitutes Amendment No. 2 to the Official Plan of the Township of Otonabee-South Monaghan. 2. DETAILS OF THE AMENDMENT The Official Plan of the Township of Otonabee-South Monaghan is hereby amended as follows: (a) (b) Schedule A, Map No. 9, to the Official Plan of the Township of Otonabee-South Monaghan, the Land Use Plan, is amended by identifying the boundaries of the lands that are subject to Section of the Official Plan, as shown on Schedule A attached hereto and forming part of this Amendment. Section Special Policy Area Lot 10, Concessions 4 & 5, Otonabee Ward of the Official Plan of the Township of Otonabee-South Monaghan, is amended as follows: (i) Delete title Special Policy Area and the first paragraph and replace with: Special Policy Area - Lots 9 and Lot 10, Concessions 4 & 5, Otonabee Ward (Loucks OPA No.2) Notwithstanding the provision of Section and any other provision of this Plan to the contrary, the following special policies shall apply to the lands affected by Section as identified on Schedule A of this Plan, located in part of Lots 9 and Lot 10, Concessions 4 and 5, Otonabee Ward. (ii) Delete Section (a), first paragraph, and replace with: In addition to the uses permitted by Section of this Plan, the lands affected by Section may be used for a trailer camp for the temporary (seasonal) accommodation of park model trailers (CSA Z-241) and rental cabins for occasional occupation by visitors, and related uses such as facilities for a resort centre with a camp store, café, office, fitness facilities, vacation rentals sign-in, and one accessory dwelling unit, and a recreation area and recreation facilities. 5

9 (iii) In Section (a)(ii), delete the words tourist trailer, tourist vehicle, recreational vehicle, or, and add the words or rental cabin after the words park model trailer. (iv) In Section (b), delete the words tourist trailer, tourist vehicle, recreational vehicle, or, and add the words or rental cabin after the words park model trailer. (v) Delete Section (f), second bullet, and replace with: The maximum number of permitted park model trailer sites that may be used for the temporary (seasonal) accommodation of park model trailers (CSA Z-241 Standard). The number shall not exceed 160 sites for park model trailers, plus up to 14 sites (for a total of 174 sites) which may be used for park model trailers or rental cabins for occasional use by visitors. This maximum number of sites shall be identified in the implementing Zoning By-law. (vi) Delete Section (f), third bullet. (vii) Delete all of Section (g), and replace with the following: Holding provisions in accordance with Section 36 of the Planning Act and Section 8.4 of the Official plan shall be applied in the implementing zoning bylaw. The implementing zoning by-law shall identify the conditions to be satisfied prior to the removal of the Holding symbol on a phase by phase basis, and shall include as a minimum the following matters for each phase: A site plan agreement under the provisions of Section 41 of the Planning Act has been approved by the Municipality and registered on title. The Site Plan Agreement shall include the requirement for security fencing around wellheads, protection of the areas identified as having archaeological potential and a storm water management plan acceptable to the Municipality and the Otonabee Region Conservation Authority. A Site Plan Agreement may be implemented based on an approved development phasing plan. The Owner has obtained from the Municipality easements for the private water system, pedestrian walkways, internal roads or other works associated with the trailer camp over the unopened road allowance, as may be required. An Environmental Compliance Approval (ECA) be issued by the approval authority and a copy provided to the Municipality to permit construction and operation of the private sewage works. 6

10 The owner shall obtain such approvals as may be required for the operation of the private water system, including a Permit to Take Water if required under Section 34 of the Ontario Water Resources Act. The Owner has prepared an implementation plan for wellhead protection measures as outlined in the Hydrogeological and Servicing Assessment, Oakridge Environmental Ltd., November 2012, including an easement arrangement to ensure no fuels or chemicals are stored within 15 metres of the wellhead area and no application of fertilizers or pesticides within 30 metres of the wellhead area. The owner has registered the development with the Ministry of Natural Resources and Forestry (MNRF) in accordance with the applicable regulations under the Endangered Species Act, 2007 for Bobolink and Eastern Meadowlark Habitat and has provided proof of registration to the Municipality. The owner shall be responsible for ensuring implementation of the development activities are in compliance with the applicable regulation. 3. IMPLEMENTATION AND INTERPRETATION The implementation and interpretation of Official Plan Amendment No. 2 shall be in accordance with the respective policies of the Official Plan of the Township of Otonabee- South Monaghan. 7

11 SCHEDULE A 8

12 PART C -- THE APPENDICES The following appendices do not constitute part of Amendment No. 2 to the Official Plan of the Township of Otonabee-South Monaghan, but are included as information supporting the Amendment. Appendix No. 1 Planning Reports Appendix No. 2 Public Meeting Notices and Minutes Appendix No. 3 Public Comments Appendix No. 4 Agency Review Comments 9

13 APPENDIX NO. 1 PLANNING REPORTS

14 APPENDIX NO. 2 PUBLIC MEETING NOTICES AND MINUTES 2

15 APPENDIX NO. 3 PUBLIC COMMENTS 3

16 APPENDIX NO. 4 AGENCY REVIEW COMMENTS 4