Municipal Planning Services - North Kawartha · Figure 2 provides an illustration of the applicant’s site plan. This plan illustrates the location of the docking facility relative

• Municipal Planning Services Ltd. •


Chris D. Jones BES, MCIP, RPP 51 Churchill Drive, Unit 1

Barrie, Ontario (705) 725-8133

MEMORANDUM

To: Mayor Woodcock and Members of Council

Copy: Mr. Travis Toms, CBO

From: Chris Jones MCIP, RPP

Date: September 21, 2018

Re: Application for Zoning By-law Amendment (Burleigh Falls Marina Inc.)

PURPOSE OF REPORT The purpose of this report is to provide Council with an overview of an application for a proposed zoning by-law amendment and to seek Council’s confirmation that the application is complete in accordance with the requirements of the Planning Act. BACKGROUND Ecovue Consulting Inc. has submitted an application to the Township of North Kawartha on behalf of Burleigh Falls Marina Inc. for a zoning by-law amendment for lands located in Part Lot 4, Concession 1 (Burleigh). A concurrent application for an official plan amendment has also been submitted to the County of Peterborough, given that the County is the approval authority for official plan amendments. The purpose of the applications is to designate and zone lands for the purpose of recognizing an existing docking facility that is associated with the Burleigh Falls Inn. It is noted that the owner of the subject lands was served with an Order to Comply on July 2, 2015 as a result of the construction and installation of the docking facility that is the subject of this amendment. The subject lands are vacant and are located on the western shoreline of Stony Lake and have a lot area of 0.55 hectares (1.3 acres) with a shoreline frontage of approximately 88 metres (289 feet). The location of the subject land is shown in Figure 1 on the following page.


Chris D. Jones BES, MCIP, RPP 51 Churchill Drive


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Figure 1 – Subject Lands

HWY 28

FR 3

FR 2

Subject Lands

S t o n e y L a k e

Burleigh Falls Inn

THE PROPOSAL The development proposal involves the recognition of an existing docking facility that is owned by the same owner as the Burleigh Falls Inn. According to the planning report submitted with the application, there are 34 boat slips in total that are utilized and/or rented by the Inn, out of which 27 boat slips are the subject of the request to be legalized through this planning approval. In order for the development proposal to proceed the following approvals are required:

• Official plan amendment to redesignate the subject lands from the Seasonal Residential designation to a Recreation Commerical Special Policy Area.

• Zoning by-law amendment to rezone the subject lands from the Shoreline Residential (SR)

Zone to a Shoreline Commercial Exception (CS-x) Zone.




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• Approval of a site plan agreement.

Figure 2 provides an illustration of the applicant’s site plan. This plan illustrates the location of the docking facility relative to the existing Inn and related commercial buildings to the south. The site plan also identifies the location of a parking area, a trail/pathway and an amenity/picnic area. No other buildings or structures are proposed. Figure 2 – Site Plan




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COMPLETE APPLICATION Section 34 (10.4) of the Planning Act requires the approval authority to confirm if an application is complete within 30 days of the receipt of the application and fee. Although the Township has been in receipt of the revised application for zoning by-law amendment since May 4, 2018, the application for OPA was not received until September 5, 2018. TECHNICAL REPORTS AND INFORMATION The applicant has provided the following information and technical materials in support of the applications:

1. Planning Justification Report prepared by Ecovue Environmental Consulting, dated May 4, 2018;

2. Site Plan and Dock Plan (Appendix A to Planning Report);

3. Boat Traffic Plan (Appendix B to Planning Report);

4. Species at Risk Screening and Aquatic Impacts Assessment by Cambium Inc (Appendix

C to Planning Report); and,

5. Draft OPA (Appendix D to Planning Report) PLANNING ACT SUBMISSION REQUIREMENTS Ontario Regulation 545/06 establishes a number of submission requirements with respect to applications for a zoning by-law amendment. The County Official Plan also establishes a number of submission requirements that are intended to guide development applications. I have reviewed the submitted materials in light of this regulation as well as the County Official Plan and I am satisfied the information that has been provided to date is appropriate to allow the application to be declared complete to allow for a review of the application and to initiate public consultation. NEXT STEPS Should Council concur that the application can be declared complete, the next steps will entail circulation of a notice of complete application and public meeting, which would be coordinated with the County as they will also have circulation requirements.




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RECOMMENDATION If Council concurs with the findings of this report, the following recommendation is provided for consideration:

1. That Council considers the application and materials submitted by Burleigh Falls Marina Inc. with respect to a proposed zoning by-law amendment for lands located in Part Lot 4, Concession 1 (Burleigh) to be complete in accordance with Section 34 (10.4) of the Planning Act and that Council directs staff to coordinate with the County of Peterborough to prepare notifications as required under the Act.

Respectfully Submitted, -Original signed- ________________________ Chris Jones MCIP, RPP

Documents

Municipal Planning Services - North Kawartha · Figure 2 provides an illustration of the applicant’s site plan. This plan illustrates the location of the docking facility relative