AMENDMENT NUMBER ONE TO THE OFFICIAL PLAN FOR THE
Please Note
the maps mentioned throughout the amendment are obtainable at the Municipal Office. For any questions please call
683-4545.
PART A - THE PREAMBLE -
does not constitute a part of this Amendment
PART B - THE AMENDMENT -
consisting of the following text and maps, such maps being designated as “Schedule One” and “Schedule Two” constitutes Amendment Number One to the official plan for the
Municipality of Shuniah .
PART A – THE PREAMBLE
PURPOSE OF THE AMENDMENT
This amendment is intended to implement certain policies and land use map changes that have been determined to be desireable as a result of the development
of a new, comprehensive zoning by-law to replace the current By-law # 1070, and implement the recent official plan update.
The detailed review that occurred during development of the zoning by-law and the substantial level of public involvement have indicated that certain information and decisions reached in the official plan update require additional consideration.
These include one land use designation change, where industrial use exists on the lands and on surrounding lands (located in the City of Thunder Bay abutting); one shoreline location where permanent residential status had previously not been recommended; and a general amendment
relating to remote cottage use (involving islands on Lake Superior and portions of several inland lakes).
LOCATION OF THE AMENDMENT
The amendment addresses two situations that are property and site specific, and one that is township wide in application.
Change from Community Residential use to Light Industrial use in the zoning by-law is recommended for certain lands that are located on the westerly edge of the
Township, fronting onto Lakeshore Drive, and abutting the boundary with the City of Thunder Bay. The lands are to be placed in a Rural designation in the Official Plan to accommodate this.
The second property specific amendment is located on the shore of Lake Superior at Moonlight Bay. It
is located at the easterly end of the current Shoreline Residential land use designation, and is Registered Plan 55 M - 530.
A third amendment relates to remote cottage land use and introduces the concept and policies to govern such activity.
The amendment focuses specifically islands in Lake Superior and to a number of inland lakes located distant from the main settlement area of the Township. Notwithstanding, the location to which the amendment will apply is the whole
of the Township and it’s planning area.
BASIS FOR THE AMENDMENT
Recently, a comprehensive zoning by-law was developed in order to replace By-law # 1070, and to implement an official plan update that was completed recently. The
detailed zoning by-law process identified a number of instances where the current official plan is thought to require further consideration. These are both site specific and general in nature.
At the westerly boundary of the municipality lands fronting onto Lakeshore Drive are currently identified as Community Residential, notwithstanding the current light industrial use and the existence of industrial lands (developed and vacant) within the City of
Thunder Bay immediately to the west. It is proposed that the existing official plan designation be amended and that the current and existing use, being industrial, be recognized. The amendment
would be shown as a change to the land use schedule from Community Residential to Rural (thereby allowing an industrial zoning to be implemented).
Also to be implemented as a change to the land use schedule would be removal of the current Shoreline Residential - Recreation Only designation for 55 M – 530 Moonlight Bay. These
lands were designated as recreational only at time of approval to the plan of subdivision, due largely to certain environmental conditions. In addition, at the time of the subdivision approval, amendment of the official plan had not yet confirmed permanent residential acceptance along the Lake Superior shoreline. Under recent official plan approvals the
entire lakeshore, save this location and one additional which has private road access, are designated as being capable of permanent residential use. Environmental provisions added to the new zoning by-law implement the level of
concern raised in the original subdivision review and approval. The level of servicing (ie paved road), and the now current existing use (largely permanent residential) all now indicate that permanent residential use should be considered. The level of servicing in particular means that no additional public expenditure should be expected to be involved.
Finally, the amendment addresses the issue of remote cottages. The
Municipality of Shuniah covers a vast area, with numerous inland lakes. Many of these have freehold lands abutting, and several have existing cottage units. These are typically accessed by road across Crown Lands and/or by water. Public road is
typically not available.
Further private lands can be found on some of the islands that are located in Lake Superior and within the Municipality. These also have existing buildings in some instances.
At present, the official plan contains a statement indicating that residential use (including recreational) of islands will not occur without an official plan amendment.
Policies to regulate the use of such freehold lands have been included in the amendment, and generally provide that such lands must be remote (ie distant from existing public road, or in the case of Lake Superior, involving an island. Typically, development of such
remote lands would be isolated, individual units and not involving a plan of subdivision. Notwithstanding the lack of immediate road access, it will be a requirement of the zoning by-law that adequate parking be provided.
Adequate parking means an arrangement implemented on title or an appropriate recognition for the use of Crown Lands.
It is expected that such development would be required to be evaluated against the standard considerations for septic sewer, and adequate potable water supply.
It has also been proposed that an appropriate location for parking might be a boat space in the marina in Thunder Bay, or in some other marina location. This has not been accepted in the current draft of the zoning
by-law, and will be studied further. No further change to the official plan is anticipated should such further study indicate that marina space represents an acceptable alternative parking arrangement.
PART B - THE AMENDMENT
The
Municipality of Shuniah official plan is hereby amended as follows;
Schedule “A” - Land
Use Map is hereby amended by re-designating certain lands described as “ LANDS TO WHICH THIS AMENDMENT APPLIES” on Schedule “One” attached hereto and being a part of this Amendment , from the “Community Residential” land use
designation to the “Rural” land use designation.
Schedule “B” - Land Use Map is hereby amended by re-designating certain lands
described as “LANDS TO WHICH THIS AMENDMENT APPLIES” on Schedule “Two” attached hereto and being a part of this Amendment, from the Shoreline Residential – Recreational Only” designation to the “Shoreline Residential” land use designation.
Section 4 – Rural, Subsection 4.2.2 is hereby amended by the deletion of the last sentence relating to residential use of
islands.
Section 4 – Rural Subsection 4.2.2 is further amended by the addition of the following ;
4.2.2.2 Remote
Cottages
4.2.2.2.1 Remote
cottage use shall mean the use of lands for seasonal, recreational purposes only, and not for permanent residential use, where ;
a) the lands are located on an inland lake or on an island on Lake
Superior; and
b) the lands are not accessible by public road; and
c) the lands are not be closer than one kilometre to
public road, unless being on an island located in Lake Superior; and
d) the lands shall be patent lands or Crown tenure authorized by
appropriate Provincial approval, including land use permit or license of occupation.
e) the lands shall be capable of supporting a Class IV Sewage
System.
4.2.2.2.2
Remote cottages may be permitted by rezoning in the Rural official plan designation in accordance with the following;
a) proof of arrangements implementing appropriate parking space
provisions, as lands owned in the same name and interest; by leased land or lands with permission for use documented by easement (lease or easement to be registered on title) fronting onto a public road owned nearby; as an arranged permission to use Crown Land; or documented in any other
manner deemed by the Township in an appropriate resolution to be acceptable and appropriate for such purpose; and
b) where access or proposed access traverses patent lands that are not in
the same name and interest, documentation shall be provided in the form of an easement or other appropriate documentation entered on title to such private lands demonstrating the right of use for access purposes.
The Township herein states as policy with respect to remote cottage use that there should be no
expectation on the part of the remote cottage owner that the Township will ever attempt to take over responsibility for any private road accessing such lands. Nor does the Township in any manner assure or otherwise guarantee the cottage owner legal access to any remote cottage – the responsibility for such shall rest entirely and completely with the remote cottage owner.
Similarly, the Township advises that it may not be able to provide emergency services to such remote locations.
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