Mainly future zoning concerns for proposed 20-cottage West Lake resort

By Sharon Harrison
Details of a year-round, high-quality tourist commercial establishment proposed for 1874 County Road 12 (designated a tourism corridor) at West Lake were outlined at Wednesday’s planning and development statutory committee meeting.

West Lake Lodge Ltd., operating as Dunes Lookout Resort, has submitted an application (second submission) for a zoning bylaw amendment to permit 20 two-bedroom bungalow villa cottages (facing West Lake), a bike café/reception (open to the public), a guest amenity building and a dock for resort guests. All new structures are expected to be low-profile and single storey.

The applicant, Sean McKinney, owns the former trailer park property with his three brothers, and it was noted they also share a family cottage on West Lake, about 600 metres south of the site.

Under a new two-step process (effective Jan. 1), no decision on the application is made by council at the first meeting (as has been procedure) which is intended as information-gathering only. Decision by council will happen at a future second statutory public meeting where staff will provide a report and recommendation. Council may make brief comments and ask basic questions at the first meeting, but discussion or debate must be reserved for the second decision meeting under the new procedure.

Wednesday’s planning meeting heard a brief presentation from the applicant’s representative Ruth Ferguson Aulthouse, with RFA Planning Consultant, but not McKinney, who asked to speak, but was declined as it was noted his representative had used up the allotted time.

Ferguson Aulthouse noted it was a large site that would not be overdeveloped “and that we agree to limit the uses in the amending zoning bylaw and to cap the density at the proposed 20 cottages. And furthermore, she stated no boat rentals, marina or other floating commercial activities would be permitted or proposed”. She also noted the shoreline, which has now been cleaned-up, will not be developed or disturbed.

Three members of the public spoke to concerns about the extent of uses a tourist commercial zoning may bring in the future, and how the zoning should be restricted. Other concerns spoke to environmental impacts and the health of the lake, increased traffic, safety (especially for cyclists) and noise.

Cathy Coultis, chair of the West Lake Community Association, stated “West Lake Road is considered dangerous for cyclists and pedestrians due to its narrow winding nature and frequent speeding, and seasonal increased traffic.

“The community of West Lake has, over the last few years been reaching out to the municipality for traffic calming measures for West Lake Road. And with the potential of two resorts within 1.2 kilometres of each other, as the very real potential of increased tourism in the County this year due to more Canadians vacationing at home, the safety of not only residents but visitors to this area, where there are already a very large number of vacation rentals on West Lake Road, there is a greater risk with this developer’s re-zoning application.”

Coultis also raised the issue of environmental impacts indicating “there are profoundly serious concerns about the human impact (guest activities) on the shoreline and sensitive eco-system, including the degradation of shoreline and inadequate riparian zone setbacks and the disturbance of habitats for endangered and species-at-risk and migratory birds”.

Up until October 2023, the site formerly operated as a seasonal trailer park and cottage rental business for 50 years, where the former tourist camp consisted of around 18 seasonal trailers, three rental cottages, 10 docks, a washroom building, five sheds, a storage building and a brick duplex. With the exception of the duplex and storage building, the re-development will include the removal of all structures on-site.

“Since acquiring the site in April 2022, and following the closure of the tourist operation in October 2023, the owners have removed the trailers and cottages on-site and removed debris, tree stumps, derelict structures and docks on the property to prepare the site for future tourist commercial redevelopment,” states the planning justification report. “From the time of purchase, it has always been the owner’s intent to use the property and re-develop the site for a modern tourist commercial operation and in keeping with the character of the West Lake community.”

Another member of the public, Don Mayne, is not concerned about the current proposal, but fears future significant risk posed by permitting unrestricted commercial zoning, without ensuring controls over floating commercial activities on West Lake.

“If you were to grant unrestricted commercial zoning, and a future owner chooses to launch expanded activities, such as a floating restaurant, or a floating beach, the County would have no control, unless you put in a condition on this application,” said Mayne. “Unregulated activities like floating docks, floating restaurants, floating bars, floating spas, floating water parks, floating water sports, lead to pollution, shoreline erosion, egregious partying and harm to aquatic eco- systems.”

He said to safeguard West Lake’s future, any expansion of commercial activities, especially water-based commercial activities, must be subject to further council approval, environmental assessments and public consultation.

However, Mayne did clarify that the owner has stated he does not intend to have commercial activities, floating or otherwise.

“The owner has said here today they have no intention of doing commercial activities on the water, and that’s great, but that undertaking should be in the form of a re-zoning restriction,” added Mayne. “I have nothing against what they have proposed, nothing.”

At 10.3 acres (4.15 hectares), the property is situated northwest of County Road 12 and County Road 18, and is about a kilometre from Sandbanks Provincial Park. There is approximately 905-feet (275-metres) of frontage along County Road 12 to the west, and 515-feet (157 metres) water frontage on West Lake. The site area includes Mayne Lane along the northern property boundary.

The new zoning sought by the applicant is tourist commercial and special tourist commercial holding, and to recognize an area of archaeological significance. The property is currently zoned rural 1. The planning justification report notes the lands are designated shoreland under the official plan, which permits various tourist commercial uses, including resorts. The property is considered legal non-conforming use.

An on-site public neighbourhood information meeting was organized by the property owner in April 2024 that saw around 50 people attend, where details of the proposed concept plan, building floor plans, villa building designs and elevations were shared.

The main concerns identified were increased boat traffic (previous campground generated nuisance boat traffic), shoreline and natural environmental damage, West Lake water quality impacts, safety for bicycle traffic on County Road 12 (road is already high traffic with speeding and no cycle lanes), request for 24-hour/night staffing (to ensure guest behaviour/noise is monitored), and request for no entertainment venue on-site, as well as servicing and fencing concerns.

Ferguson Aulthouse said safety issues were not identified in the traffic study. “Our response is that speeding is an enforcement issue, and that Prince Edward County could consider traffic calming and paved shoulders.”

She also stated noise would be well-controlled, and no entertainment or event venue is proposed.

As a result of concerns raised by the public, the applicant has provided an updated site plan to address a number of issues, including fencing and additional buffering adjacent to Christ Church Lane and Mayne Lane, and existing vegetated areas and specific tree rows will be retained.

“The site plan was also updated to relocate the centralized dock facility and the communal amenity building. The guest amenity building area has been minimized and the previously proposed pool has been removed,” notes the planning justification report. “Additionally, more trees along the waterfront were mapped and are intended to be preserved to ensure stability of the shoreline and maintain the existing environment. The position of the villas has been shifted to allow for greater tree preservation.”

At 1,118-square-feet in area, each villa is to consist of two bedrooms, two bathrooms, a kitchen and a living room (facing West Lake), along with a deck overlooking West Lake, together with two parking spaces each.

A total of 63 parking spaces are to be provided, to include two spaces for each of the 20 villas, three parking spaces (to include one barrier-free space) and a loading zone, along with a further 20 parking spaces for the reception/bike café and resort. It is noted there is sufficient space to modify the parking lot to accommodate some boat trailer parking.

The development property borders Christ Church Lane to the south and Mayne Lane to the north. Both are private gravel single lane access roads with waterfront residential land use.

The proposed development is to include only one vehicular access and entrance to County Road 12. Three existing gravel driveways currently provide access from County Road 12. The southern-most driveway (#1874)/Christ Church Lane is the main laneway into the property, while the other two to the north (#1866B and #1866) are from existing houses. The traffic study notes that the middle driveway (#1866B) and third entrance (#1866) would be converted into a path for bicycle and pedestrian use.

West Lake Road resident Sylvia Covax was also concerned the proposed tourist commercial zoning comes with an extensive list of potential inclusions, and the proposed 20 units could change over time. She was seeking assurance it would only be a 20-unit tourist resort.

“This property could be developed and could be sold on to another developer with a different version of the property, possibly 40 units. The current owners could decide they have to put in more intensification, build a marina, or a spa, etc. that are all permitted under tourist commercial,” explained Covax, where she suggested the proposed zoning be changed to “special” tourist commercial, to remove all other non-residential uses.

“If this is strictly a tourist commercial with no limits or restrictions, this could be developed into something else down the road and I don’t believe council would have the ability to change it.”

The proposed development will maintain the existing footprint and density of the resort with six per cent built coverage, and 75 per cent of site will remain as open space.

Setbacks include a minimum of 15-metres from the one-in-100 year West Lake floodline, and six-metres from the erosion hazard limit, in accordance with Quinte Conservation regulations.

The planning justification states the natural quality of the West Lake shoreline will be protected and preserved

“The Dunes Lookout Resort is an opportunity to refurbish an existing tourist resort, to beautify the site by maintaining existing vegetated areas, cleaning-up debris across the site and making improvements to the shoreline,” states the report. “The Dunes Lookout Resort will regenerate an old tourist resort and will add to the vitality of the area.”

The environment impact study states no natural significant features on the property, although approximately 0.7 hectares of forest will be conserved. “The hedgerow vegetation located north of the property will be preserved in its natural current conditions and the trees present in the hedgerows will be part of the development.“

Ferguson Aulthouse further noted there were no species-of-risk observed on-site, and it is outside of a natural core area.

All planning documents related to this application can be found on the County’s website.