nine are occupied by trailers on a and the cabin from a well located on the

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2 ..'."l:l'.-1= Zoning By-law Amendment Situated on the property is a small campground, a cottage and two small sheds. A Site Plan showing the use of the lands is provided in Figure 2. Large mature cedar trees exist along the perimeter of the site and new cedar hedges have been planted along the individual campsites to provide delineation of the sites and privacy amongst the A communal parking area is also provided on the property. campers. -Ff I- -I I"'- ff-i"*'i"i' '? I comprises -&I:m 13 sites of which j-' nine are occupied by trailers on a The campground seasonal basis. The other four sites are available to transient (i.e. weekend or other short-term) campers. The nine seasonal trailers have their own washroom facilities. Campers utilizing the four transient sites will use the portable toilet that is brought onto the property at the beginning of every season, and will also have access to the washroom '. u.. ' -.-=" facilities located on the LeGree s cabin park to the west. E-='Ln. * Potable water is supplied to the campsites adjacent cabin park property. 'IEu?IZI'Iu*-hI' j'i'i'i..-."n..-..u.' " Parking -I- '?-1-I-I---I-I-I-I-E-'I'-I' is provided on each individual site. A gravel IF" parking lot is also available - for visitors,.' "1-H-HQ-C. as shown on the Site Plan. ii. On June 1, 2012, purchased ---"="::'*.=-:~H-r-*.*r_-I:-:.-.1.'_:. Ei+ adjacent cabin park. At that time, the campground I '-?'I--'-I--'I-'I'- In =-_... ' T.J~.- addition to purchasing the campground '3.E::%- and adjacent cabin park, the LeGrees also acquired a separate aasa- "= 'I'E:"""_ -IL Page and the cabin from a well located on the The cabin on the subject property has its own private septic system. Allwastewater from the trailers and the portable toilet is pumped regularly by Wilton Sanitation on behalf of the Mr. and Mrs. LeGree and hauled to an appropriate facility. The holding tank associated with the cabin s septic system is also pumped on an as-needed basis. Background: the subject property and the consisted of 13 sites of which two were occupied by trailers on a seasonal basis. The other nine sites were used by transient campers (i.e. weekend or other short-term campers). Also located on the property was the cottage. the campground. residential lot containing a cottage dwelling, located to the south of That parcel is not relevant to this rezoning application discussion. -*-'-** ':-.":.I.I: ~"~:==~"--:. ' Since their acquisitions, Mr. and Mrs. LeGree have made improvements to the campground and cabin park. With regard to the campground property, which is the only parcel that is subject to this rezoning application, the new owners upgraded the hydro service, planted cedar hedges along the boundaries of the 13 campsites, added gravel to the parking area, laid sod and replaced the previous fire pits with proper fire (tire)

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4 at Zoning By-law Amendment aforementioned improvements to the property, and the campground has become more of a seasonal type campground; however, it must be understood that they have not increased the number of units. In my opinion, the fact that the number of campsites occupied on a seasonal basis has increased is not relevant to the legal non conforming discussion, as long as the overall number of campsites has not increased. Having said that, in order to determine whether or not the campground qualifies as a legal non conforminguse, it is necessary to consider the history of the campground back to its inception, and not just when the LeGrees purchased the property. Unfortunately for Mr. and Mrs. LeGree, they have no solid evidence that the campground has been always comprised 13 sites. Given that the campground did exist in the 1960 s, it is evident the very least that a campground did predate the first Comprehensive Zoning By-law. The first Zoning Bylaw for the Township of Artemesia (No ) came into effect in It placed the subject property in an OS2 zone, a category which permitted a private park. The definition of private park included tent camping areas, according to previous correspondence from the Municipality. Following municipal restructuring, the Municipality of Grey Highlands adopted a new Comprehensive Zoning By-law ( ) which changed the zoning of the site to OS, a zoning category that did not permit a private park nor a tent camping area. This Zoning By-law also placed the southwest portion of the property, which contains the cottage, in the RS zone. In my opinion, if 13 campsites did exist on the site when By-law came into effect and the 13 campsites have continued since, then the current 13 site campground would qualify as a legal non conforminguse. As noted above, however, the LeGrees cannot demonstrate that the campground comprised 13 units in 2004, nor can that prove that the 13 site campground has operated since then, without interruption. However, the fact that the aerial photographs provided on the County s GIS website for the years 2006, 2010 and 2015 do not show 13 trailers is not evidence that the campground wasn t operating as a 13 campsite business during those years. Those photographs were taken during the spring months, before the trailers had been placed on the property for the camping seasons. The Municipality does not accept the LeGree s position that the 13 site campground is a legal non conforminguse, and has advised that proceedings will commence in the Superior Court of Justice to enforce the current zoning of the property should this issue not be resolved. For this reason, Mr. and Mrs. LeGree have filed the rezoning application to clarify and resolve this matter. Page

5 Non-Conforming Uses Zoning By-law Amendment The rezoning application, as noted above, is to recognize a campground on the property, up to a maximum of 13 campsites. No changes to the property will result from this rezoning. For the purposes of evaluating the proposed Zoning By-law Amendment, consideration of Section Non-Confonning Uses of the local Official Plan is prudent. It states: Land uses which legally existed on the date of adoption of this Plan, which do not conform to the policies of this Plan, should normally cease to exist in the long term. Where a legally established use does not conform to the policies of this Plan, the use may be recognized as a permitted use in the implementing Zoning By-law, provided Council is satis?ed that: (a) It is not feasible for the owner to relocate the use to another site. (b) The use is compatible and willnot adversely impact surrounding uses. (c) The use willnot preclude the ultimate use of the land for conforming uses. (d) The zoning willnot set a precedent to encourage similar uses in the area. (e) Acquisition and disposition of non-conforming lands in accordance with Section 34(8) of the Planning Act is not feasible. In some instances, it may be desirable to pennit the extension or enlargement of a legal non-conforming use though the passage of a Zoning By-law Amendment, or by approval of the Committee of Adjustment. Prior to approving an extension to a non-conforming use which has not been appropriately zoned, Council or the Committee of Adjustment shall consider the following: (a) The size and scale of the extensionenlargement shall not unduly aggravate the situation created by the existence of the use. (b) Whether the proposed extensionenlargement would create land use compatibility conflicts. (c) The characteristics of the non-conforming use, and the proposed extension or enlargement does not create issues relating to noise, vibrations, fumes, smoke, dust, odours, lighting, and traffic generation. 5 Page

6 Ilul-1.-.-ul-u-.-I-I-nu-u---u-I.-unr-I-ul- With regard to these policies, please consider the following: I II 'I'-l'.'-l"I'I'I.l-l'I_I commercial establishment. The money generated 1;: from the campground 1.--Irepresents a significant -.a.r- component of the business revenue. They purchased the property based l'i'i' in I'I'Iu- part on the r-i anticipated HI income 3- generated -from the I 13 campground sites. To Zclose F jg 11j; FuI'H'IuI-'IJIZ"I.I E ""..='.~...m* -E'E:'.7?"EE I I - &- '1'.-'*.'::I:.':='* * or - _ 11..r It should be made clear that the proposed campground is not expanding. The proposed Zoning I-I-I. By lawamendment would limitthe number of campsites to 13. As well, no changes i-ii :-I-1-I. to the campground are proposed. Since taking ownership, the LeGrees T-"" have made the necessary improvements in terms of landscaping and buffering, parking, etc., as illustrated on the Site Plan =n..-- """" I'h?F=-E-:_. -q&'-i-i-r-i-jr:-i?n In the Municipality s letter to Mr. and Mrs. LeGree dated June 28, 2016, the owners I.r E=-?milu-I-.l-I-.&-I -' -I'.ll-I.-I.'l'l-j Ilhhiwjh o Zoning By-law Amendment (d) That appropriate mechanisms are undertaken (possibly through site plan control) to ensure issues relating to buffering, landscaping, and servicing are undertaken to improve the prospects for land use compatibility. Mr. and Mrs. LeGree purchased the campground and abutting cabin park as a joint down this operation would create significant hardship on the LeGrees. It is not possible to locate the campground elsewhere, as the LeGrees don t own other suitable lands. This campground is compatible with the adjacent land uses. Given their proximity to Lake Eugenia, most of the neighbouring land uses are either seasonal cottages cottage parks. t s doubtful that rezoning the site to acknowledge the existing 13 site campground would encourage other campgrounds to establish in the area. The campground has existed for approximately 50 years. If other campgrounds were going to operate, that would likely have happened by now. The proposed rezoning, which will not facilitate any development consistent with the Provincial Policy Statement Submission Reguirements: were advised of the following: A Zoning By lawamendment is required; on the property, is l.f_:i Page -.

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8 Zoning By-law Amendment J_1J. ' APPENDIX A: FIGURE 1: FIGURE - lrj..l 2: FIGURE 3: LOCATION %'E_ DRAWING SITE PLAN MUNICIPALITYOF GREY HIGHLANDS ZONING BY- -:j uuu:- In I J A Page

9 moz<n_ homamnw _v_<._ 2&5

10 Figure 2: Municipality of Grey Highlands Zoning Bylaw Schedule E-1 N O 9- <0 01 O W (0(D 0 <0 3» gth s'\ co es LAKEEUGENIA O too. o W as W an an O \ H 109 Hawthorn Lane OWENSOUND,ONTARIO Lake Eugenia RON DAVIDSON LANDUSEPLANNINGCONSULTANT INC

11 oncessmn 3 2 X5.0m CD \ X Q V Y\ cw?= i \\S\\ K" E 1 D hedge. s Figure 3: Site Plan 109 Hawthorn Lane Lake Eugenia N All campsites are approximately 13.0 X 13.0 rn 11X17 RON DAVIDSON LAM) USEPLMNIIG ODNSILTANTIN (MEI SOIJIIJJMTIIRKD C SCALE 1:400 Y0rta 0\ 1. % Q< \ \o \?ay g \?; \ 12 \ '\e,t \ V0 (U \ A3A E P 8.0 *5 '*> Ge

12 Zoning By-law Amendment I-I-'-I.H'l J?H : APPENDIX B: LETTER FROM 1". B Page ' ' '-' : :j-t

13 WILTON Wilton Sanitation Inc Cty. Rd.#4, R.R.#5 Flesherton, Ontario NOC1E0 Toll free: Phone: tonsanitation.ca July 15, 2016 Hawthorn Cottages Brian & Jayne Legree P.O. Box 65 Flesherton, ON NOC 1E0 To Whom It May Conern, Please accept this letter as con?rmation that Wilton Sanitation has and continues to service the septic system, the portable toilet and the RV trailers at Hawthorn Cottages located at 106 Hawthorn Lane in Eugenia. If you have any questions or require additionalinformation, don t hesitate to contact us. Regards, Doug Wilton Inc Small :.u...;»h M W. 1v..,,.,1~...u.gn Ir»l')1'h\cJ'.!