North Frontenac Council - February 20, 2015

Jonas Bonnetta | Feb 25, 2015

Protection of wetland and water quality paramount in Ardoch Lake decision.

Frontenac County planner Joe Gallivan provided council with an update on two contentious issues at last Friday's (February 20) meeting in Plevna.

First up was his presentation on the proposed 34-lot plan of condominium on Ardoch Lake. This development plan has been in the works for about seven years and has been through many changes since it was first submitted. With each change, the number of waterfront lots permitted has been reduced. At a well-attended public meeting on August 27, 2014 a number of concerns were raised about the impact of this development on the lake.

One of the unique aspects of this specific plan is the ecological sensitivity of the property, which contains a large wetland. Gallivan explained that this wetland is home to “...the only heron rookery, according to the [Ministry of Natural Resources] in Eastern Ontario.”

Gallivan said that the developer is “prepared to reduce the number of lots on the water and in particular the lots that are close to the wetland and the lots that are more challenging to develop” which would mean beginning the construction of condominiums on the west end of the property first and putting those to the east in a “holding zone”.

These sites would allow for the necessary 30 metre setback from the waterfront and would provide enough space to install septic systems behind the residences, creating a further setback from the shoreline. Pending successful water quality tests and bylaw compliance, the developer would then be given the green light to continue with the adapted project in phases.

“If the systems are working the way they're supposed to be then this potential holding zone could be lifted and they could proceed with developing [the area closer to the wetland]” Gallivan said. The developer proposed to install a new “high-end septic system,” which is currently being quality-tested in Quebec, but Gallivan said there is no absolute guarantee that these systems won't cause problems in the future.

Councilor Fred Perry wondered about the possibility of skipping over building lots during the first phase of developing the western part of the property. “If we staged lots 1, 3, 6,...leaving holes in the centre, during [phase 1] would that not help? If something fails then at least you'd have room to manoeuvre with development down the road.” Gallivan agreed that it was a good suggestion and would relay that idea to the applicant's planner.

There is a worry that imposing too many restrictions will push the developer to appeal the matter to the Ontario Municipal Board (OMB) and once that happens the municipality would lose their ability to control the process. Gallivan explained, “The board starts brand new and the board makes the decision and it's a time-consuming and expensive process.”

Councilor John Inglis asked Gallivan “Do you have a sense whether we are getting near a tipping point [from the developer's side] in terms of viability of the project?” Gallivan responded “Yes.”

“They've got to reduce the [number of] lots...and make sure there is protection,” Gallivan said. “I had a really good discussion with their planner and he understands this. He heard the public meeting loud and clear as well... It's an evolution...it continues to improve in terms of its impact on the lake.”

Private lane development crucial for growth in the Frontenacs

Joe Gallivan also briefed Council on restrictions that are being proposed by the Ministry of Municipal Affairs and Housing (MMAH) on the County's Official Plan (OP) regarding development on private lanes. Gallivan said County Council has given him the go-ahead to do a study on this issue in hopes that it will “provide some planning tools and some legal tools to look at allowing development on some private roads. The position of the ministry is, in my professional opinion, too black and white. There needs to be an understanding that there is potential, depending on the length of the road, the topography, the capacity of the lake, to allow us to continue [developing]."

The County has done some analysis. The total value of property assessment in the County is $5 billion and of that, $2 billion is on private roads.

“Development on private roads means a lot to the financial stability of the townships,” he said.

“We're going to take the ministry on,” Gallivan said.

If the MMAH will not yield on these policies Gallivan will be recommending that council appeal the decision to the OMB. He hopes that his study on private roads will be a new tool to fight the decision with. He is suggesting that North Frontenac Council maintain its stance on private roads in response to the MMAH's revision of its own draft Official Plan. Once the County's OP is approved, which Gallivan hopes will be by the end of 2015, any plans or amendments to the township OP goes to County Council for final approval instead of the MMAH, which Gallivan said would be “a positive thing.”

Gallivan expressed confidence that if the private lane issue goes to the OMB, the county will win.

Councilor Wayne Good wondered if it would be beneficial to the County to work with neighbouring counties in opposition to the MMAH's proposed restrictions. Gallivan said Lanark Highlands has taken the MMAH to the OMB over the same private roads amendment to their own Official Plan.

“Lanark Highlands is standing alone right now against the ministry ... It really needs to be challenged from a regional perspective.

“We're counting on you, Joe” Councilor Inglis said.

“I'm prepared to take them on,” Gallivan replied. “It's very frustrating. The positions the ministry takes sometimes are a blanket position that they're applying across the province the same way and that's just not right.”