Kids Inc. day camp zoning bylaw approved

It took some negotiation, but a zoning bylaw amendment to allow a new summer camp north of Ospringe has been approved by council.

MaryKay and Jason Amos applied last year to add summer camp as an acceptable use on the 3.1-hectare  Fourth Line property, which is zoned secondary agriculture. They proposed a summer camp for up to 275 people (including staff), which would run weekdays from 8am to 5pm between June 15 and Sept. 15.

Last week, lawyer John Schaljo addressed council on behalf of the Marshall family, which owns land adjacent to the property. Schaljo commended the Amos’ for concessions made in their proposal, but stressed “a variety of concerns remain.”

He argued if the Kids Inc. proposal is approved, reverse minimum distance separation (MDS) rules mean the Marshalls’ intent to expand their farming operation will be seriously jeopardized.

“Fully more than one half of the Marshall farm will be lost,” Schaljo said, adding the “prime location” for a possible cattle barn is within the MDS of the Kids Inc. building.

The location of that building could be addressed in site plan control, Schaljo said, and he asked that council delay the zoning bylaw until the site plans are completed. He also argued the Amos’ should be responsible for constructing a fence around the property to ensure the safety of children attending the camp.

Finally, Schaljo asked that the rear yard setback for the Kids Inc. building be increased from 7.5 metres to 15m.

Planning consultant John Cox, who represents MaryKay and Jason Amos, said his clients are more than willing to erect a berm and fence around the property and both could be included in the site plan.

He said despite the Kids Inc. plans the Marshalls will still have the full use of their property; they just won’t be able to construct livestock housing in the MDS area.

Cox told council his clients are very concerned with delaying the bylaw to deal with site plan control issues. Town planner Sally Stull agreed, likening that to “putting the cart before the horse.”

But Stull disagreed with Cox that the Kids Inc. proposal  should be classified a type A use, which would cut the MDS distance from the Marshalls’ farm buildings in half.

“The definition is quite clear on what a type B is and they fit the bill,” Stull said of the Kids Inc. proposal. She explained having more people usually means a type-B designation.

However, councillors disagreed, saying there’s no reason the Kids Inc. application couldn’t be considered type A.  When it came to the Kids Inc. rear yard setback, council did side with Stull, who pointed out the only time the municipality goes with 15 metres is when something like a gravel extraction operation borders the property.

Council stipulated a fence be built at the Amos’ cost and then voted unanimously in favour of the bylaw itself.

Mayor Rod Finnie declared a conflict of interest on both items.

 

 

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