Group challenges whether Johnston Point development adhering to OMB ruling

Craig Bakay | Mar 21, 2018

A group consisting of Matt Rennie, Sarah Harmer and Meela Melnik-Proud presented South Frontenac Council’s regular meeting Tuesday night in Sydenham with a power-point presentation that they said shows Magenta Waterfront Development Corp is not adhering to environmental conditions imposed by the Ontario Municipal Board (OMB) on its condominium development on Loughborough Lake’s Johnston Point.

“We were under the impression that it was a no-cut zone other than some small trails to the water,” said Rennie, while showing slides of some shoreline where work had clearly been done. “The OMB decision (PL150246) states that ‘the area within 30 metres of the high water mark of a water body or wetland shall be maintained in a natural state for soil and vegetation.’

“We’ve noticed a lot of extra cutting and wanted to make sure we weren’t misinterpreting something.”

Harmer presented a legal opinion that she said was paid for by Melnik-Proud that concluded the property should remain zoned rural because there is no confirmation from the Ministry of Natural Resources and Forests that the ecological features are functions of the site are being protected, specifically with respect to species at risk.

To that end Magenta has applied for a Benefit Permit (a document saying that the end results will achieve an overall benefit to the species). The legal opinion from David R. Donnelly said such a permit should be denied.

That opinion was shared by former Environmental Commissioner of Ontario Gordon Miller in the form of a letter which was also part of the presentation.

The delegation asked Council to return to the OMB to see if it believes the conditions it set are being met.

Coun. Ross Sutherland was sympathetic but felt the presentation might better be given to Frontenac County Council as it was the body who was party to the OMB hearing.

“I think a bit of context is important,” Sutherland said. “When we were involved with the County on this, the tradeoff we received was more severe (environmental) restrictions in exchange for an extra lot for the developer.

“To see this is concerning but I think the County is the party responsible for bringing it to the OMB’s attention.”

Shared planning

Council passed a resolution approving an agreement with Frontenac County on shared planning services.

There are no new net costs for South Frontenac, said CAO Wayne Orr.

Coun. John McDougall had some concerns however.

“I’m always a little nervous about harmonizing policies,” McDougall said. “It’s not good democracy (and) with four municipalities, you’re going to have differences.”

Coun. Ron Sleeth agreed.

“The wants and needs of this municipality are different than the other three,” Sleeth said.

Orr said nothing really changes for South Frontenac as the Township still does its own developmental planning and isn’t charged for that under the agreement. It is charged for things like looking over new Official Plans and Zoning bylaws under the agreement.

However, what Orr didn’t say is that when the Province was the approval authority for Official Plans, it didn’t charge to look them over.

“The only thing I’m nervous about is that the other three townships can get out of the agreement after three years when they actually have to start paying their share,” said Mayor Ron Vandewal.

South Frontenac Rides

Scott Gordon, chair of the Township’s South Frontenac Rides committee gave Council an update on the committee’s activities.

Highlights included an Ontario Municipal Commuter Cycling Program grant for $80,882 to be used for cycling paths and infrastructure, bicycle racks created by Sydenham High School’s welding students, repair stations along trails, a map of trails which is now on the County’s Frontenac Maps website, workshops and the Lakes and Trails festival last year.

“We’re actively planning an expansion of the festival for this year,” he said.

Gordon also thanked Public Works Manager Mark Segsworth saying that much of their work wouldn’t have been possible with his support and assistance and Coun. Ross Sutherland for being an active member and advocate for the committee.

Accomodation study

Coun. John McDougall had nothing but praise for the County’s accommodation study and advocated for its adoption as part of South Frontenac’s overall economic development policy.

“People really do go to the four different Townships for completely different reasons,” McDougall said.

McDougall also gave notice of a resolution for the next Council meeting to “establish an Economic Strategy Committee to consider the three-year recommendations and opportunities outlined in the MDB Insight Accommodation Review and Strategy for Growth Study and report back to Council by May 1 with recommended priority actions and activities.”

Granny suites

Planner Lindsay Mills told Council that even though the Official Plan was rejected by the OMB, they should consider going ahead with a revised plan that includes the changes the OMB did not reject including a zoning for “granny suites.”

“Many people wouldn’t have to go through zoning changes like they do now,” he said.