News
FOEL and CAC reach negotiated agreement that brings new level of planning improvements to East Lake development.
Both Parties look to the County to fulfill its obligation to complete a Shoreland Management Plan for East Lake under the Official Plan
May 19 2010, Picton Ontario. Friends of East Lake today announced that they had reached a negotiated settlement with Cottage Advisors of Canada in regard to the OMB appeal against the 237 Development on East Lake. The Agreement will lead to the preservation of a unique old woodlot and mutual efforts to fund and ensure the County completes a Shoreland Management Plan as outlined in the County’s Official Plan for East Lake in a timely fashion.
“It has been a tough year but we are proud we gained recognition and expert validation of the need to improve protection and planning standards in the County.” said Linda Cole, President of Friends of East Lake. “We have a huge debt of gratitude to our donors, experts, volunteers and supporters not to mention Mr Conti at the OMB who found that FOEL “filed an appeal according to the relevant provisions of the Planning Act and has raised legitimate planning grounds”. FOEL will continue to pursue high standards of environmental protection and planning excellence to preserve the County’s unique value.”
In July 2009 FOEL made the decision to appeal the decision of County Council to rezone the property near Cherry Valley because of serious concerns regarding impacts on water quality, the unique Ontario woodlot and the rural character of the County. A Motion of Dismissal filed by CAC and the County to have the case dismissed was defeated by FOEL and their team of experts in November 2009. The response from the Board to the Motion of Dismissal stated “The Board finds that the Appellant in this case has not simply raised apprehension and that there are planning grounds raised in the appeal letter that are worthy of adjudication.” In other words, the planning concerns raised by FOEL should have been addressed by the County prior to approving this development.
A full Ontario Municipal Board hearing is a lengthy and very expensive undertaking for a small resident group faced with hiring experts, a three-week hearing and cross-examining thirteen expert witnesses called and paid for by the developer and County combined. Defending their valid appeal against the Motion to Dismiss cost FOEL tens of thousands of dollars. FOEL entered into negotiations to see if greater protection of the public interest could be secured by an alternate route.
FOEL’s goals focus on protecting County-wide interests – water quality, natural heritage (such as significant woodlots) and the County’s rural character. Through the settlement reached with CAC, FOEL have secured important protections that have implications for the entire County; protections which should have been secured prior to approval by Council:
a. Water Quality and Shoreland – East Lake: FOEL secured a commitment from CAC to fund half the cost of the Shoreland Management Plan for East Lake, as defined in the County’s Official Plan. This is a new model for Public Private partnering that could protect water quality in all of the County’s lakes. If the County and Quinte Conservation move forward quickly, East Lake can be protected to the benefit of agriculture, tourism and the community.
b. Water Quality – Local Wells: FOEL secured a commitment to monitor sensitive wells within 200 metres of the property and to monitor wells on the property for a period of three years from occupancy. In the face of the 2004 Government report that concludes water supplies in the County are fragile, this is an approach that the Province and County should adopt when looking at all development proposals.
c. Significant Woodlot: FOEL secured the long-term health of the unique and significant woodlot on the property as CAC agreed to remove units and a gravity sewer from the heart of the woodlot. In addition, FOEL secured a commitment from CAC to adhere to construction practices that will preserve the old growth trees. This could and should have been secured by the County prior to approval and should be the default approach when considering all development proposals.
d. Rural Character of the County: FOEL and CAC reached an agreement to add a berm and significant landscaping to preserve the rural viewscape along County Road 18.
FOEL remains committed to protecting the public interest of the County. The settlement also requires that CAC consult with FOEL during the site plan approval process and the permit to take water process. During these processes, FOEL will continue in its role as a peer reviewer to ensure that the best interests of County residents are protected.
Ultimately FOEL hope that Council and the Planning Department will adopt the approach of FOEL and look to improve protection for the important natural heritage, cultural heritage and water resource systems of the County before approving any more development. The County has no Shoreland Management Plan or County-wide Natural Heritage System, and lacks a provincially led Specialty Crop Program unlike other unique regions of the province like the Holland Marsh or Niagara Region.
Said Linda Cole “the County already has the distinction of having the most OMB appeals per capita of any region. This isn’t good for the community nor is it good for developers. But if this is what it takes to preserve our communities and our environment, there are people who will continue to fight for high standards.”
For additional information contact: Linda Cole, President, Friends of East Lake foel@bell.net