CRCA Seeks Public Input on Watersheds and Strategies
Cataraqui Conservation is inviting members of the public to share their views and ideas on draft versions of Cataraqui Conservation’s new Watershed-based Resource Management Strategy and Conservation Area Strategy to help us learn more about the values and priorities of our watershed residents and property visitors.
These strategies have been drafted to comply with the provincial government’s 2021 legislation (Ontario Regulation 686/21: Mandatory Programs and Services) which mandates the creation of both the Watershed-based Resource Management Strategy (WRMS) and Conservation Area Strategy. The legislation requires both these Strategies to be completed by December 31, 2024.
Members of the public, including those from outside the watershed who may visit one or more of our properties, are invited to participate in the online surveys hosted at https://cataraquiconservation.ca/pages/get-involved. There was an initial 30-day consultation period from July 8 until August 7, 2024. A second 30-day consultation period will occur in September 2024.
Potential Utilities Kingston Regional Biosolids & Biogas Facility
According to the Utilities Kingston website:
We have completed an environmental assessment for an innovative biosolids and organic waste processing facility at Knox Farm, near Highway 401 and Division Street. This assessment covers the planning and design stages for the facility, which will transform biosolids from our wastewater treatment plants and food waste from the Green Bin program into renewable natural gas (biogas) and other valuable resources!
For more information, please visit our Regional Biosolids Biogas Facility project page.
Knox Farm is a municipally-owned property located off of Perth Road, northwest of the Highway 401 and Division Street interchange in the City. The site is north of Highway 401, with frontage to the west side of Perth Road and south of Little Cataraqui Creek Conservation Area and the Cataraqui Region Conservation Authority (CRCA). Knox Farm covers nearly 75 hectares (ha) of land, of which approximately 9.3 ha is a former sediment dewatering facility. The figure below shows the overall Knox Farm property boundary and the boundary of the proposed site location. A portion of the property immediately east of the proposed site location is currently in use as a municipal snow management facility with plans to continue as such.
Some people are concerned that, “The City of Kingston is about to authorize a plan that would build a sewage and biosolid treatment plan right on top of Little Cat Conservation Area. The location is planned for Knox Farm which is adjacent to and uphill from Little Cat. The runoff will be devastating and the odour, and noise from trucks going in and out will be absolutely devastating for wildlife in an area that has been designation for conservation.”
The Utilities Kingston announcement was posted on August 26 and stated that the Environmental Study Report is available for a 30-day comment period. “Submit your comments by Sept. 11.” The comment period may now have been extended to September 20th.
Protection of Airport land next to Lemoine Point Conservation Area
On July 4, the City’s Planning Committee received a massive, 476 page report containing 284 proposed amendments to the City’s Official Plan and regulations, which needed revising to meet:
- changes in the development laws in Ontario under Bill 23: the More Homes Built Faster Act, 2022
- proposed federal and provincial funding criteria for housing grants
The changes will have several environmental impacts, such as gardens paved over and trees being cut down so that additional units can be built on houses.
I spoke on behalf of KFN at the meeting, to make sure the changes did not pass through Planning Committee without somebody raising the potential impact of these changes on the local environment, and to urge the City and staff to minimize that impact when implementing these changes.
At the end of the meeting there was a discussion about a new process to remove holding symbols in the Official Plan on proposed developments.
Afterwards I contacted planning staff to find out what impact the new process would have on the holding symbol that had been placed on the airport land next to Lemoine Point Conservation Area in 2007. The holding symbol had resolved a controversy that arose when the Airport Master Plan (2007) proposed zoning the land as “General Aviation Related Industrial Commercial” since “As a condition to the removal of the ‘-H” Holding Symbol a statutory public meeting would be required to consider any proposed development plans in that area.”
Planning staff were very helpful in this instance, and established that although I had a copy of the original motion in my files, there was no reference to a Holding Symbol on the airport lands in the current Official Plan. Laura Flaherty then drafted an additional amendment to the Official Plan to impose a holding symbol as initially required.
Many thanks to Laura for drafting the amendment, to councillors Osanic and Stephen for moving the amendment, and to the mayor and councillors for passing the amendment unanimously.
Future of Lemoine Point Farm now in Court
On August 15, the Save Lemoine Point Farm group sent out an email describing the current situation regarding Lemoine Point Farm. Given the intense interest in the environmental preservation and protection of the Lemoine Point Farm property that most KFN members have, I have copied it below for anyone who did not see the email.
Future of Lemoine Point Farm now in Court
The executors of the estate of Mary Fraser filed a “Notice of Application” at the Toronto Ontario Superior Court, dated July 31, 2024. They are asking the Court to advise on the meaning of a clause in Mary Fraser’s Secondary Will.
The Notice of Application reveals that in her Secondary Will, Mary Fraser directed her executors to offer the Farm property to the City for purchase.
It is our understanding from reviewing the court document that the City would be required to purchase the whole Farm property, allow the current tenants to remain for at least five years, maintain the two large houses and the barn in good condition, and not to apply to rezone the Farm, keeping its rural use.
There is no information in the court document about the terms of reference for the appraisals or the analysis used by the two independent appraisers. One appraisal is for $29,300,000 and the other for $9,903,000.
The executors are asking the Court to:
- clarify the authority of the Estate Trustees to select the appraisers
- rule on the right of the City to review the appraisers’ methodology
- confirm the meaning of the clauses in the Secondary Will that prohibit the development of the Farm if the City purchases it
- determine the need for appraisals to consider the development value of the Farm if the restrictions on the City’s future use of the property are not guaranteed
- consider the applicability of commercial reasonableness to any purchase price, and
- order the City to make its decision to purchase the Farm within 180 days of the Court’s ruling.
The executors are asking for mediation to take place before October 30, 2024. Mediation would involve the executors and the City. The13 respondents, beneficiaries of the estate, listed in the Notice of Application, may ask to participate.
It would seem from this court filing that the estate executors and the City disagree on the purchase price of the Farm and the terms.
The Save Lemoine Point Farm Group is encouraged by the City’s interest in the Farm and its statement in a recent media release that it “appreciates the input of community organizations and residents and remains open to hearing from community members who share the vision of protecting this unique part of Kingston’s waterfront and history.”
We hope that the parties are including in their discussions:
- the possibility of a conservation easement agreement which would be registered on title to ensure the City fulfills the terms of Mary Fraser’s will and her conservation intentions
- the possibility of a ‘split receipt,’ allowing part of the purchase price to be a donation subject to a charitable receipt, which can help to offset capital gains taxes
- the possibility of a successful application to the Ecological Gifts program of Environment and Climate Change Canada which has the effect of reducing capital gains taxes to zero for the donated portion of a property, and applying significant penalties should the new owner violate the terms of the Ecological Gift, and
- any other available options and fundraising opportunities that would protect Lemoine Point Farm from development and secure its future as a rural property within the City of Kingston.
Yours, the SLPF Group
For more information contact savelemoinepointfarm@gmail.com
Chris Hargreaves (he/him)
Chair: Kingston Field Naturalists’ Conservation Committee
conservation@kingstonfieldnaturalists.org
