Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 13, 2026

CASE NO(S).: OLT-24-000868

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant 1: Mariposa Woods Inc. & Rockcliffe Park Inc.

Appellant 2: Mariposa Woods Inc.

Appellant 3: Mariposa Woods Inc. & Sandy Beach Resort Inc.

Appellant 4: Mariposa Woods Inc. & Pigeon Lake Trails Park Inc.

Appellant 5: Flato Lindsay Community Inc., Flato Lindsay Community Two Inc., Flato Lindsay Community Three Inc., Flato Lindsay Community Four Inc., Flato Lindsay Community GG Inc., Flato Lindsay Community Five Inc., Flato Lindsay Community Seven Inc., Golf Course Community One Inc., Golf Course Community Two Inc., Golf Course Community Three Inc., and Kawartha Lakes Marina Community Inc.

Appellant 6: Brian Bartley

Subject: By-law No. 2024-113

Description: To permit new Rural Zoning By-law that consolidates 14 existing in-effect zoning by-laws

Reference Number: D06-2022-06

Property Address: City Wide

Municipality/UT: Kawartha Lakes

OLT Case No.: OLT-24-000868

OLT Lead Case No.: OLT-24-000868

OLT Case Name: Mariposa Woods Inc. et al. v. Kawartha Lakes (City)

Heard: December 12, 2025 by Video Hearing

APPEARANCES:

Parties Counsel

Mariposa Woods Inc., & Rockcliffe Park Inc., Mariposa Woods Inc., Mariposa Woods Inc., & Sandy Beach Resort Inc., Mariposa Woods Inc., & Pigeon Lake Trails Park Inc. (“Mariposa”) Siraj Syed Chantal Conroy (in absentia) Raj Kehar (in absentia)

Flato Lindsay Community Inc., Flato Lindsay Community Two Inc., Flato Lindsay Community Three Inc., Flato Lindsay Community Four Inc., et al. ("Flato") Jessica Jakubowski Isaiah Banach (in absentia)

City of Kawartha Lakes (“City”) Denitza Koev

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON DECEMBER 12, 2025, AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This Decision and Order arises from two Settlements before the Tribunal in the matter of appeals pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, on the passing of the new Rural Zoning By-law (“RZBL”), which essentially consolidates 14 existing zoning by-laws of the City of Kawartha Lakes (“City”).

2The first is a partial Settlement that relates to the Appeal filed by a series of landowners that are collectively referred to as “Flato” within the appeal proceeding, that contains: (1) lands in and around the Lindsay community that are subject to a Minister’s Zoning Order pursuant to Ontario Regulations 771/21, 163/22, 490/22 and 54/23 (“MZO Lands”); and, (2) site-specific concerns with respect to proposed zoning standards in the Commercial Recreation and Rural Residential Three zones of the RZBL for the properties municipally known as 429, 431, 432, and 441 Long Beach Road, Cameron.

3The Flato related proposed modifications which are the subject matter of this Settlement, are intended to correct an error in the description of the MZO Lands in the RZBL which were recorded incorrectly, to clarify that the RZBL does not apply to the MZO Lands, and to recognize the existing cottages located at 429 Long Beach Road and the existing marina located at 432 Long Beach Road.

4Flato requested that the remaining portion of the Flato Appeal which pertains to the properties located at 431, and 441 Long Beach Road, Cameron be adjourned sine die at this time so that further discussions may take place with the hope of coming to a resolution in the near future.

5The second Settlement before the Tribunal relates to the Appeals filed by Mariposa Woods Inc., Mariposa Woods Inc. and Rockcliffe Park Inc., Mariposa Woods Inc. and Sandy Beach Resort and Mariposa Woods Inc. and Pigeon Lake Trails Park Inc. (“Mariposa”). Counsel advised that a full settlement had been reached regarding the Mariposa outstanding site-specific amendments that are being proposed to the RZBL.

PLANNING EVIDENCE

6The Tribunal qualified Mark Jull to give opinion evidence in the area of land use planning. Mr. Jull is a full member, in good standing of the Ontario Professional Planners Institute and holds the position of Policy Planning Supervisor with the City.

Flato Appeals

7Mr. Jull explained that the new Commercial Recreational exception zone CR-1121 recognizes the recently built cottages at 429 Long Beach Road. This property is currently zoned Tourist Commercial (C3) in the Township of Fenelon Zoning By-law 12-95, which permits a variety of tourist uses, including a ‘Cottage Establishment’ with development standards. The new parent CR zone in the RZBL will continue to permit the use, now contemplated as Rental Cabins within a Tourist Resort. The new CR-1121 exception zone that as set out in the revised Flato Draft Order is needed to reduce the required zoning standards, to recognize the recent redevelopment of the site, and to avoid a legal non-complying situation.

8Similarly, the new Commercial Recreational exception zone CR-1120 is to recognize the existing marina at 432 Long Beach Road. The Tribunal heard this property is currently zoned Tourist Commercial (C3) in the Township of Fenelon Zoning By-law 12-95, which permits a variety of tourist uses, including Marina. The new parent CR zone in the RZBL continues to permit the marina use. The new CR-1120 exception zone is needed to reduce the required zoning standards, to recognize the on-going redevelopment of the site, and to avoid creating a legal non-complying situation. The proposed CR-1120 exception also clarifies which lot lines are the front, rear, and side yards and more appropriately addresses the required water setback. In his opinion, Mr. Jull stated these clarifications will support the orderly development of the site.

9The City’s Official Plan (“OP”) designation for both 429 Long Beach and 432 Long Beach is Waterfront, which is intended for seasonal and permanent residences and permits ‘tourist park’, ‘marina’ and their accessory uses. The proposed changes to the RZBL for these sites are in keeping with the City’s OP.

10Mr. Jull emphasized that the site-specific amendments contained in the revised Flato Draft Order satisfy the applicable planning tests including the Provincial Planning Statement 2024 (“PPS”), that contains the policy objective of supporting rural areas with opportunities for tourism by leveraging natural assets, such as waterfronts and the amendments represent good planning.

Mariposa Appeals

11The Mariposa Appeals concern four properties. Mr. Jull outlined the amendments contained in Attachments 1 and 2 of the Mariposa Draft Order which are meant to preserve existing zoning rights, and to allow for the continuation of seasonal recreational uses on the properties.

12The Tribunal heard that each of the four properties are assigned an exception zone that contains site-specific provisions. Common to each exception is clarification on the principal use and permitted accessory uses. All of the exceptions share a common set of provisions to facilitate additions of decks or enclosed structures that accommodate the prefabricated nature of the recreational vehicles that are currently permitted on the sites. As well, each exception contains definitions of “mobile home” and “park model trailer” for clarity, precision and industry standards.

13Mr. Jull explained that Proposed Exception 217 applies to the lands municipally known as 26 Oliver’s Lane, Fenelon Falls. The parent zone for that site is Commercial Campground (CC), but the proposed principal uses are limited to Campground and Rental Cottage, which is reflective of the property’s existing use. The provisions regulate the maximum number of Camping Sites and Rental Cottages that reflect the existing number of each. Exception 217 also includes the provision that the Campground be closed and vacated for at least 60 days to enshrine the seasonal recreational use of the property. The associated schedule to the RZBL (Schedule A-C24) remains unchanged as no new exception is being proposed, only revisions to it.

14Proposed Exception 259 applies to 790 Elm Tree Road, Little Britain. Mr. Jull explained that the parent zone for that property is Commercial Recreation (CR). While Campground is the principal use, this exception zone also allows limited residential uses in the form of Accessory Dwelling Units and other provisions to reflect a 2011 Ontario Municipal Board (“OMB”) decision pertaining to the site (re: OMB File No. PL090926). While these limited residential uses are permitted (as accessory uses), and the exception zone clarifies that the Campground is not required to shut down for a period each year, the provisions will clarify that recreational vehicles on site shall not be permitted to be used as permanent residences. He pointed to the corresponding amendments proposed to RZBL Schedules A-E22 and A-E36 (see the mapping at Attachment 2, Appendix 1 of the Mariposa Draft Order) stating the schedules have been amended to correct the area that is currently subject to a Hold.

15Proposed new Exception 1118 applies to the property municipally known as 1418 Tracey’s Road, Lindsay. The parent zone for that property is Commercial Campground (CC). The provisions specific to this exception zone enshrine the existing uses and their intensity by specifying the precise number of Camping Sites. The provisions make explicit, the campground shall shut down for a period of time each calendar year. He stated that RZBL Schedule A-E15 is proposed to be revised to show this new CC-1118 exception. No other changes are proposed to this Schedule. The revised schedule is provided at Attachment 2, Appendix 2 of the Mariposa Draft Order.

16Proposed new Exception 1119 applies to the property municipally known as 2728 Monck Road, Kirkfield, which has a Commercial Campground (CC) parent zone. As with Exception 1118, he stated, the site-specific provisions are intended to enshrine the existing uses on the property. RZBL Schedules A-B09 and A-B10 are proposed to be revised to show the new CC-1119 exception. No other changes are proposed to these Schedules. The revised schedules are attached to the Mariposa Draft Order at Attachment 2, Appendix 3.

17The lands subject to exceptions CC-217 (26 Oliver’s Road), CC-1118 (1418 Tracey’s Hill), and CC-1119 (2728 Monck Road) are all designated as Rural and is primarily intended to support agriculture and agricultural-related uses, but also permits a variety of rural use including active and passive recreational uses and facilities, such as the zoned permissions in these exceptions.

18The land subject to exception CR-259 (790 Elm Tree Road) is designated Tourist Commercial. This designation is to provide for resource-based recreational development as the developed area of 790 Elm Tree Road is for recreational uses and is adjacent to the watercourse Mariposa Brook and a tract of forest. Mr. Jull stated the recreational uses outlined in the exception meet the intent of the Tourist Commercial designation.

19Mr. Jull emphasized that all four properties are subject to the policies specific to rural areas in the PPS. The recreational zoning permissions in all four exceptions are consistent with the policies that state rural areas should be supported by providing opportunities for sustainable and diversified tourism, including leveraging natural assets.

CONCLUSION

20Based on the uncontroverted and comprehensive evidence provided by Mr. Jull the Tribunal finds the amendments that are proposed to the RZBL as set out in the Flato (Attachment 1 and 2) and Mariposa (Attachment 1 and 2) Draft Orders are consistent with the PPS, conform with the City’s OP and generally represent good planning.

21With regard to 431 and 441 Long Beach Road (“remaining Flato Appeal”) that remains unresolved, Flato requested this portion of the Flato Appeal be adjourned sine die. The Tribunal having agreed to adjourn this portion directed the Parties to provide the Tribunal with a written update on the progress of a resolution no later than September 15, 2026.

ORDER

FLATO APPEAL

22THE TRIBUNAL ORDERS THAT the Flato Appeal against Rural Zoning By-law 2024-113 of the City of Kawartha Lakes with respect to the properties located at 429 and 432 Long Beach Road is allowed, in part, and the Tribunal directs the municipality to amend Rural Zoning By-law 2024-113 as set out in Attachment “1” (Textual Amendments) and Attachment “2” (Mapping Amendments) hereto pertaining to the Flato lands;

23THE TRIBUNAL ORDERS THAT the Flato Appeal regarding 431 and 441 Long Beach Road that remain unresolved be adjourned sine die.

24THE TRIBUNAL ORDERS THAT all of the modifications approved herein will come into force and effect on the earlier of:

a. The date that a Tribunal Order is issued pursuant to s. 34(31) of the Planning Act, bringing into effect those portions of Rural Zoning By-law 2024-113 that are not under appeal; or,

b. The date that the Tribunal issues an Order finally disposing of the first of three appeal proceedings under OLT File No. OLT-24-000868, being one of the Brian Bartley’s Appeal, the Flato Appeal, or the Mariposa Appeals, pursuant to s. 34(26) of the Planning Act. If the modifications hereby approved come into force and effect before the Tribunal issues a final decision on Mr. Bartley’s appeal, and that appeal has not been withdrawn, the legends on Flato’s Schedules at Appendix 1 through 3 of Attachment “2” hereto shall be further modified to add language to indicate that the Agricultural Zones are under appeal.

25THE TRIBUNAL ORDERS THAT the portions of the Flato Appeal pertaining to the MZO Lands and to the properties located at 429 and 432 Long Beach Road, are fully and finally resolved through this Order and without prejudice to any position that the City of Kawartha Lakes or Flato may take with respect to the remaining portion of the Flato Appeal, which pertains to the properties located at 431 and 441 Long Beach Road that remain unresolved.

26THE TRIBUNAL ORDERS THAT the approval of this Order and the coming into force of the Rural Zoning By-law 2024-113 shall be strictly without prejudice to, and shall not have the effect of limiting:

a. Flato’s position in relation to its remaining Flato Appeal, such that Flato is at liberty to challenge and test the planning merits of the Rural Zoning By-law 2024-113 as it applies to the specific sites that are the subject of the remaining Flato Appeal; and,

b. The jurisdiction of the Tribunal to consider and approve modifications, deletions, or addition to the Rural Zoning By-law 2024-113 on a site-specific basis relating to the remaining Flato Appeal and that the City of Kawartha Lakes will not be entitled to rely on this Order as a reason to dismiss the remaining Flato Appeal in whole or in part.

MARIPOSA APPEAL

27THE TRIBUNAL ORDERS THAT the Mariposa Appeal against Rural Zoning By-law 2024-113 of the City of Kawartha Lakes is allowed, in part and the Tribunal directs the municipality to amend Rural Zoning By-law 2024-113 as set out in Attachment “1” (Textual Amendments) and Attachment “2” (Mapping Amendments) to this Order. In all other respects, the Tribunal Orders the appeal is dismissed.

28THE TRIBUNAL ORDERS THAT all of the modifications related to the Mariposa Appeal herein will come into force and effect as of the date of this Order;

29THE TRIBUNAL ORDERS THAT all of the Mariposa Appeals pertaining to Rural Zoning By-law 2024-113 have been resolved through this Order and the Attachments which are attached to this Order shall form part of the Order.

“D. Chipman”

D. CHIPMAN MEMBER

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Attachment 1 – Mariposa and Flato

Mariposa

Flato

Attachment 2 - Mariposa and Flato

Mariposa

Flato