‘The right reasons’

Picton Terminals rezoning request denied

At Wednesday evening’s planning meeting held at the Regent Theatre, council unanimously rejected Picton Terminals’ application to rezone the 25- hectare site at 24 White Chapel Road. Picton Terminals was seeking a rezoning from an extractive industrial zone to a special extractive industrial zone to allow for additional space for tour boat docking and outdoor material storage, to recognize the legal non-conforming transshipment use, and to expand the list of permitted uses for the facility.

Council heard from 15 County residents who were all against the proposal, expressing concerns about the environment, traffic, infrastructure, pollution, water quality and supply, material storage, and quality of life, to name a few. Not one of the 15 speakers could see a benefit of the proposed operation. Picton resident Ted Longley spoke about how generic rules shouldn’t apply to all applications, especially when the risk outweigh the benefits. “PEC is a unique entity. It is an island with a combination of history, geology, economy, landscape and culture unlike anywhere else in the province—possibly Canada. For these reasons, the decisions made regarding the development and zoning on this island cannot be left to a cookie-cutter set of rules by people who do not live in the County or have not lived here long enough to understand the intricacies of the area,” said Longley.

Mohawks of Bay of Quinte Chief R. Don Maracle stated in a letter to planning staff that many of the same worries were expressed in his region surrounding environmental concerns related to negative impacts to fish and habitat, disturbance to historical contaminants, and increased traffic on the Skyway Bridge. “The proposed use of this property, as it relates to the amendment, will likely disturb historical contaminants in the sediment surrounding this shoreline and on the property itself. Therefore, it is likely to impact fish and fish habitat. This can have serious impacts to the health of our people. MBQ have high rates of cancer, and further, we have seen a spike in childhood cancer,” said Maracle. The staff report notes that Picton Terminals stated concerns expressed by the Mohawks of the Bay of Quinte would be worked on during the next stage Site Plan Control process, although many of these concerns involve other levels of government and cannot be resolved through the municipal zoning process.

County Planner Matt Coffey said a staff review had confirmed that the recommended zoning bylaw conforms to all applicable local and provincial policies and the applicant continues to work with staff providing additional information in the forms of updated studies and memos. “These concerns, while significant, are detailed, site-specific issues concerning the operation and final design of the site and will need be addressed through the Site Plan Control process,” said Coffey.

Mayor Steve Ferguson appreciated that, but wasn’t mincing words when he spoke about the proposed rezoning. “We knew this time was coming when we were ultimately going to have to make a decision. I personally was dreading it for all kinds of reasons,” said Ferguson. “I do not think what is being proposed here is appropriate for this community. It’s too big. It has the potential to fundamentally change Prince Edward County for years and years to come. We have to preserve which is most valuable to all of us. So I’m glad we got to this point. There will be more to come, absolutely. But we’re making this decision for all the right reasons.” Who said staff and council had been reviewing the files for months.

At an open house held in late September, Picton Terminals shared the hope that the Great Lakes cruise ship port destination would begin next summer. The site would principally remain a bulk cargo destination, with the cruise ship docking being a complementary purpose. When fully operational, which may take three to four years, Ben Doornekamp expects an additional 42 visits to the port by container ships, and up to 20 visits by cruise ships typically having around 200 passengers. For comparison, approximately 100 vessels docked at the port during 2019. The historical uses of the site include rail shipments of iron ore and transshipment operations of the former Marmoraton Mine (Bethlehem Steel). The transshipment of iron ore ceased in 1978. However, the transshipment of a variety of products has continued over the years. In 2018, the transshipment use was formally recognized as to be a legal non-conforming use by the Ontario Superior Court of Justice in its ruling, which forced Picton Terminals to remove equipment and stockpiles from areas of the site formerly agriculturally zoned.

Councillor Janice Maynard put forth an amending motion to deny the rezoning. “We have over the past months heard loud and clear what the public sentiment is on this. If public comments mean anything then I think we have some direction,” said Maynard.

Some councilors asked about the process of an appeal. CAO Marcia Wallace warned council to stick to the motion in front of them. “I would strongly recommend to preserve your legal response that we take any conversation about defending your position into closed session and legal advice. So right now it is important to make a decision one way or another,” said Wallace. “The record for how council feels and why you took this position is wrapped up in this meeting and is taped.”

The application was denied on the basis that it is incompatible with the vision statement as a special place in the County Official Plan, and for a lack of consideration and response to comments from the Mohawks of the Bay of Quinte.

Council and staff are aware an appeal can and will likely be made to the Land Planning Appeal Tribunal. Picton Terminals owner Ben Doornekamp has stated previously he would appeal the decision if rezoning were to be denied.