Land-use planner opinions debated at OMB hearing in Kincardine

The battle of land-use planner opinions began during the opening day of an Ontario Municipal Board (OMB) hearing, Wednesday morning, at the Kincardine municipal administrative centre.

The hearing was prompted by an appeal from developer Thomas Kerr against the Municipality of Kincardine's refusal of a zoning amendment application for property west of the Willow West subdivision in Kincardine.

About 20 people watched as chairman S. Tousaw presided over the proceedings, with solicitor E. Treslan as counsel for Kerr, and solicitor Tammy Grove-McClement as counsel for the municipality.

The hearing got off to a slow start as both sides requested a 15-minute recess right off the bat, so they could finish numbering the pages on a joint document brief.

So, the proceedings actually began at 10:50 a.m., rather than 10:30 a.m.

Treslan gave his opening statement, noting there is considerable history to this application for a zoning bylaw amendment. He described it as a “novel case,” given that both parties agree that the density of the proposed residential development is the issue, but they can't agree on why.

He said the original application came to a public meeting held by Kincardine council in January, 2017. A number of public concerns brought forward at that meeting resulted in a revised application coming to council in March, 2017, and even though Bruce County planner Mollie Kuchma recommended approval, it was refused by council.

Treslan said the municipality has retained an independent land-use planner, George Balango, so this is going to be a case of which land-use planning opinion is most reasonable.

“This is not a popular application,” said Treslan. “(The developer) is not the most popular guy in the neighbourhood. Do the objections make for good planning? We say they don't. The application just meets the restrictions imposed by the county.”

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The map (right), shows the various dwelling types in the Willow West subdivision (yellow, top right) and in the OMB  hearing subject lands ("L" shape, to left of the No. 1, 2 and 3 properties)
 

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Grove-McClement, in her opening statement, said evidence from the land-use planners on both sides will show competing opinions about this proposal. However, density is not the only concern. The proposal must be looked at in its entirety, and how it impacts the neighbourhood.

“You have to consider if this development is appropriate and compatible in this community,” she said.

The Municipality of Kincardine is not required to follow its in-house planner's recommendation, said Grove-McClement. In the end, council found no merit in the plan and opposed it.

Kuchma was the first witness, and with Treslan going step-by-step through the development process, and Grove-McClement completing her cross-examination, Kuchma's statement took the entire day.

Kuchma joined the Bruce County planning department in 2015 and worked on this application. In fact, she also worked on Kerr's initial application which came to council in January, 2016. It called for 19 units on the entire 300-foot-by-303-foot lot, and was rejected because the density was too high for property beside a major residential subdivision (Willow West).

Kerr's new proposal in January, 2017, was to rezone a portion of the property to R1 special and R3 special, to permit the construction of two quadraplex dwellings (four units each for a total of eight units) and a semi-detached dwelling (two units), plus a detached accessory structure (four-bay garage) for use by the residents of the development, said Kuchma. The quadraplexes were to be built along the north side of the property and exit onto Fraser Drive, while the semi-detached building was to be built to the south, with an entrance along Kincardine Avenue

The revised application, presented in March, 2017, was to rezone the north portion to R3 from R1, to allow for the construction of a five-unit row townhouse dwelling, as well as a detached accessory structure (four-bay garage), and a semi-detached dwelling unit on the south side adjacent to Kincardine Avenue.

In response to questions from Treslan, Kuchma outlined that there was pre-consultation with the developer before each of these proposals was presented to council. The presentation in January, 2017, was for information only and to allow for public comment. The presentation in March, 2017, was for council to consider approving the revised application, and allowed no public comment. That application is the one under appeal by Kerr at the OMB.

“Do you have any concerns about the density of the revised application?” asked Treslan.

“No,” said Kuchma.

“Do you stand by your recommendation for approval?” asked Treslan.

“Yes,” said Kuchma.

As Treslan began discussing the reasons why council turned down the application, the chairman, Tousaw, interrupted to say he was less interested in a review of council's denial. “Council had its reasons,” he said, “which is why we're here today.”

Treslan asked several questions about Balango's land-use planning opinion, as outlined in a report, and each time, Kuchma differed on that opinion.

When she noted that there were no concerns about traffic, several Willow West subdivision residents in the crowd groaned loudly. Tousaw addressed them and said it is not helpful to have the crowd shout out. “I am an independent board,” he said. “My job is to listen to the evidence and then render a decision.”

Kuchma later clarified that there were no traffic concerns from the various municipal departments, when the application was circulated.
 
Kuchma noted that the existing entrance for the farmhouse property was to be used for the new development.

“Is there anything in the Official Plan policy that states you can substitute one entrance for another?” asked Grove-McClement.

“No, there is not,” said Kuchma.

“So, the statement that you can replace one for another is not relevant,” said Grove-McClement.

“That's correct,” said Kuchma.

Kuchma stressed, however, that there is nothing stopping the developer from getting a building permit for the semi-detached dwelling unit on the southern portion, now, without a zoning bylaw amendment, and it could exit on the existing driveway that leads to the farmhouse.

The chairman, Tousaw, had some questions for Kuchma. He asked when the farmhouse was severed.

Kuchma said it was severed in early 2016, along with the three lots that face onto Fraser Drive for the three semi-detached dwellings. They were done with consent approval at the county level.

Tousaw asked how the access concern was to be addressed.

Kuchma said that the farmhouse lot was an existing lot of record with an access, which was to be shared with the new semi-detached dwelling on the southern portion of the property.

Regarding the Willow West subdivision, he asked how many lots are R1 and R2.

Kuchma said there are 78 lots – 62 are R1 and 16 are R2.

The OMB hearing continues Thursday, Sept. 28, at 9 a.m., at the Kincardine municipal administrative centre.



The entrance to the Willow West subdivision, at the intersection of Fraser Drive and Kincardine Avenue, Kincardine