Editor’s note: This story has been edited to correct two issues. The original story stated the file will go to County council for final approval, but since there was no proposed change to the official plan, that isn’t necessary. The original story also stated the proposed hobby farm would be located at the rear of the property, closest to the water. That site is actually the furthest point from the water. The Highlander apologizes for these mistakes.
Algonquin Highlands council has unanimously supported a request to rezone roughly six acres of land close to Halls Lake, paving the way for the applicants, Tim and Laura Kegel, to re-establish a hobby farm on their property.
Council chambers was filled to the brim May 29 as elected officials met to discuss a rezoning application for 1572 Little Hawk Lake Rd. Last summer, the Kegels applied to transition the land from Shoreline Residential Two (SR2) to Rural-Exception (RU).
The couple wants to raise pigs and chickens and build a secondary residence on the property, though their application has been opposed by dozens of other cottagers on the system. A petition signed by 565 people before the vote called for council to turn the proposal down, claiming the hobby farm would have a negative impact on Halls Lake.
In his presentation, planner Sean O’Callaghan said the township did receive an environmental impact study, nutrient management strategy and plan, and an Ontario Ministry of Environment, Conservation and Parks (MECP) inspection report, with “no concerns noted with regards to the proposed hobby farm.”
The planner, however, recommended council deny the application based on comments received by County planner Elizabeth Purcell, who indicated the property would be in violation of the uppertier’s official plan if it were rezoned RU.
O’Callaghan said this is due to verbiage in the official plan stipulating that RU zones be accessible directly from a public highway. The only access to the Kegel property is off the neighbouring Shalom on the Lake resort, which is owned by family.
Mayor Liz Danielsen felt that was a non-factor, noting “nobody seems concerned about the issue of access.” Deputy mayor Jennifer Dailloux agreed, feeling it’s “a technicality… not the heart of this application.”
While there was discussion about the file potentially going to the County, O’Callaghan noted since this is just a zoning bylaw amendment, with no changes proposed to the official plan, that it won’t be heard by the upper tier.
What was approved?
Included within the RU designation is an exemption that will prohibit the Kegels from setting up a portable asphalt plant, commercial kennel, or group home. It will allow a hobby farm, which Kegel previously had on the site from about 2018 to 2023, but council implemented limits on the number of animals allowed.
O’Callaghan said the threshold for total nutrient units (NU) on the property has been set at 1.5, which should allow for up to four pigs and some chickens. NU refers to the amount of nitrogen and phosphate nutrients generated by livestock and poultry. In Ontario, one unit is defined as the nutrient value equivalent to 43 kilograms of nitrogen or 55 kilograms of phosphate.
Asked who would police that, O’Callaghan said since it would be a zoning matter the township takes point but would likely have to consult with the Ontario Ministry of Agriculture, Food and Agribusiness (OMAFRA) to determine if the property has exceeded the limit.
Council also opted to retain site plan control of the property, meaning any addition must first be ratified by the township. O’Callaghan said the Kegels included their plans in the EIS and nutrient management reports, so the township is aware of what and where they plan to build.
Kegel plans to house the pigs in pens at the rear of the property, furthest away from the water. He also plans to construct a secondary residence on the site, with O’Callaghan telling council a building permit will be required before work can begin.
Council also directed staff to confirm setbacks for new structures from neighbouring properties.
How they got there
One of the primary concerns levelled by the opposition was that the EIS and nutrient management work was completed last October and November, when there would have been no run-off towards the water. They wanted tests done in the spring to show that contaminants won’t seep downhill and into the lake.
O’Callaghan said he is “quite confident” there will be no impact.
“The study was done based off eight pigs being on the property, so almost double what’s being proposed. It demonstrated there would be a negative nutrient load on the property. Because the applicant intends to mix manure generated by the pigs with topsoil to make fertilizer that will be applied to plants and gardens on the property, they will absorb more nutrients than the pigs are producing,” he said.
The planner also noted no streams or drainage courses leading to Halls Lake have been identified on the Kegel property, saying “the studies we’ve been provided show there shouldn’t be any overland drainage off the property. The soil type has been identified as being a sandy-ish soil, so not clay, meaning it would absorb any water run-off.”
Dailloux felt approving the application was “the fair thing to do,” noting there are several other RU properties in the township that are closer to waterbodies than the Kegel property. The deputy mayor said she has seen no evidence to suggest the planned hobby farm would negatively impact Halls Lake.
“The environment is paramount for our community. But I’m not seeing a reason from what we’ve been given that suggests this would jeopardize the lake in a direct way,” Dailloux said.
‘Heartbreaking’ decision
Beth Carey, one of approximately 100 waterfront residents on Halls Lake who opposed the application, sobbed when council delivered its decision last week. Her grandfather was the first to establish a cottage on Halls Lake. She has spent her whole life summering on the “pristine water,” though is worried her grandchildren won’t have that same opportunity.
“They usually play for hours in front of our cottage, jumping into the water… I’m worried this is the first domino to fall… for me, this is not just about the Kegel property. It’s about precedent,” she said, noting other landowners may be encouraged to put in similar applications now. “That’s why this was an important one to take a step back, do all the work, and make a truly informed decision.”
Sherry Lawr, who has been visiting Halls Lake for almost 50 years, was disappointed the township didn’t have the reports submitted by the Kegels peer reviewed by an outside firm. She also felt more potential uses should have been outlawed, such as implementing a cemetery, daycare, commercial greenhouse or veterinary clinic.
“We all support homesteading and farming activity as long as it is located in an appropriate location,” Lawr said.
The Halls Hawk Lakes Property Owners Association (HHLPOA) is investigating whether it can appeal Algonquin Highlands’ decision to the Ontario Land Tribunal. Following the passing of Bill 23 in 2022, neighbours can no longer appeal development decisions made by a local council. Instead, that falls to certain advocacy groups, such as conservation authorities.
Given there’s no conservation authority in Haliburton County, HHLPOA president Shelley Fellows believes she may have a case.
“I am disappointed in the decision. I feel the community was concerned for all the right reasons and that there should have been a lengthier environmental study done,” she said. “In the absence of a conservation authority, to me, the next level would be a property owners association, or a lake association. So, we’ll see.”
