OMB rezoning verdict expected by month’s end

Duane Hicks

Ontario Municipal Board chair Gary O’Connor will announce the verdict of an appeal of a proposed zoning amendment at 1345 Emo Rd. here by the end of the month.
The appeal was the subject of a four-hour hearing last Wednesday afternoon at the Civic Centre, where O’Connor heard evidence from municipal planner Faye Flatt and appellant Larry Buttner for and against the rezoning of the property at 1345 Emo Rd. from institutional to multi-residential (Residential Type Four, or R4) so local resident and business owner Dave Petsnick could convert the United Pentecostal Church into a three-unit apartment complex.
The rezoning also would permit the possible construction of an additional four-unit complex there at some point down the road.
Buttner, backed up by several other west-end residents, spoke against the rezoning, citing what he felt was insufficient notice of the rezoning meeting last October (the notice of the meeting was advertised in a Friday edition of the Daily Bulletin and not many of the affected residents saw it).
He thought it would be have been better to put it in a Monday Daily Bulletin, Wednesday’s Times, or directly mailed out to local residents.
Buttner also felt the conversion of the church into apartments would result in:
•increased traffic in the neighbourhood;
•decreased enjoyment of the wildlife that inhabits residents’ backyards;
•decreased water pressure in the wintertime due to increased demand on water infrastructure;
•the possibility of decreased property values and higher crime rates if subsidized housing was allowed to be built there; and
•the possibility of a second apartment perhaps being taller than one storey and overlooking neighbours’ yard, compromising their privacy.
But Flatt presented evidence that all relevant planning issues were considered and addressed prior to the zoning bylaw amendment coming before town council last October.
Her evidence stated:
•The proposal meets with the intent and is consistent with the 2005 Provincial Policy Statement and its direction for intensification and redevelopment as it pertains to promoting a mix of uses and densities that allow for the efficient use of land and existing infrastructure.
It also complies with the town’s official plan.
•The proposed development would not result in extensions of major infrastructure nor adverse effects to the existing sanitary sewers or municipal water service, and sufficient fire protection and utilities are available to the property.
At the time the second structure is constructed, upgrades to the existing service infrastructure will be required (the cost of those upgrades will be responsibility of the applicant).
•A shortage of residential properties has been identified in Fort Frances, and the development of seven housing units has the potential to benefit the situations as it may cause smaller families and seniors to move into the new units and larger families in their recently-vacated homes.
•There’s no evidence provided to substantiate claims there would be a significant traffic increase as a result of the proposed units.
It likely will see less traffic once it no longer is a church, and also likely will be less noisy.
•There’s no evidence provided to support the perception that the development would adversely impact existing wildlife, and the subject land is not located in the vicinity of any significant natural and scientific area of interest, or natural heritage areas (additional research was conducted with the local MNR).
•There is no evidence to support the claim property values will decrease as a result of this development.
This was based on a review of the assessed value of single detached dwellings adjacent to recent multi-residential complexes, such as the Riverwalk Condominium and “McKinnon 4-plex,” following the construction and occupying of the structures.
Flatt also noted the practice of advertising rezoning applications in the newspaper is common practice for the town, and within regulations.
Petsnick, meanwhile, spoke in favour of the rezoning, clarifying he wanted to renovate the church into three apartments, and later build four more units in a second single-level, easy-to-access building to be constructed in the future just south of the existing structure, and that they wouldn’t be subsidized housing.
Rather, he wanted to market them either to seniors or young professionals who have a regular turnover in their jobs (such as police officers who are only here for a couple of years).
He also noted that if issues raised by neighbourhood residents, such as decreased water pressure, ever did arise, he would take actions to correct them.
Petsnick added that even if the land was not rezoned and the church was not sold to him, the property eventually would be sold to someone else and, under the current institutional zoning designation, could be used for any one of many uses, such as a day nursery, which would result in traffic regardless.
Whether or not the proposed rezoning goes through also affects the United Pentecostal Church, which has been anticipating the sale of its Emo Road property so it can move into the former St. Andrew’s Presbyterian Church at the corner of Church Street and Victoria Avenue here.
Those plans are on hold as the church’s relocation remains contingent on the property sale.
Pastor Sean Ward and several members of the congregation spoke in favour of the rezoning last Wednesday, citing that church membership is growing rapidly, and that the new location not only would better accommodate the membership, but address parking issues and traffic congestion resulting from the church being at the Emo Road location.
Council passed a bylaw to rezone the property back on Oct. 27, after which Buttner then filed an appeal of the rezoning with the OMB and was granted the April 1 hearing.