Champlain Township council will not defend its earlier decision to reject Park View Homes’ request to increase a Vankleek Hill development from low density to medium density. The decision to not defend its original stance was made at the most recent council meeting on April 25, 2024. The township will notify those who provided written or oral submissions that they can request participant status at the Ontario Land Tribunal hearing.
Developer Park View Homes appealed council’s rejection of its requested change to the proposed development on the eastern edge of Vankleek Hill, which would have changed the development to medium-density status.
The draft plan of subdivision had previously included 21 single-detached dwellings, 10 semi-detached dwellings and a future multi-unit, mixed use, or commercial development block. The development, previously known as the ‘Cliftondale’ subdivision, was sold in 2023.
New owner and developer Park View Homes proposed 79 two-storey townhouse units and an additional 16 units in a multi-residential block to the north of the property, changing the development to a medium-density project, with reduced minimum lot frontage requirements and reduced interior side yard setbacks.
While council ultimately decided not to defend its decision at the Ontario Land Tribunal (OLT) hearing. Councillors Paul Emile Duval and Paul Burroughs voted against the township opting out of defending its earlier decision.
Because the township planner had originally recommended the change to medium density and the recommendation had been set aside, the planner said he would not defend council’s position. Consultant Planner Marc Rivet told council that the township would have to hire a lawyer and a planner to defend its decision at the OLT if it wanted to defend its stance. Rivet also told council it would have a hard time to find professionals to defend the decision, in light of the general provincial aim to increase housing density and create affordable housing.
Rivet told council that it would cost about $20,000 minimum per day for lawyer and engineering fees.
West Hawkesbury Councillor Sarah Bigelow said, “What you’re telling us is that we would spend $20,000 minimum in lawyer and engineering fees for a battle we can’t win.”
Vankleek Hill Councillor Peter Barton returned to the objection that the medium-density development proposed was not in keeping with the character of the community. Barton wanted to know if that argument would ever be used in a situation like this.
Rivet replied that tribunal decisions were made on a case-by-case basis. You would have to have very specific policies in place for what type of units would be permitted in that area, Rivet told Barton.
Rivet continued to explain that a policy would have to identify areas that would support high densities and would have to refer to townhomes specifically.
“This was at the low-end on the scale of medium density,” Rivet told council.
He mentioned that the townhouses will have no basement, no garage and are aimed at being housing for adults.
With objections from neighbours, council had voted against the modified development, citing as reasons: the density was too high and not appropriate or in character with Vankleek Hill; concerns about increased traffic; concerns about abutting road conditions; concerns about impact of servicing and noise from the railway.
“You are recommending we accept it (the medium-density development), but the reason I voted against it — I am going by my experience, but the people around it are against it, and I’m going to vote for our community,” said Vankleek Hill Councillor Paul Emile Duval.
“As much as I hate to say it, we’re in a no-win situation,” said West Hawkesbury Councillor Gerry Miner. He continued to add that the township should put emphasis on the exits. “We still have a say, so with the subdivision agreement, we need to use it for our benefit,” said Miner, referring to traffic and lack of line of sight at the intersection of Country Road 10 and Terry Fox Drive which faces Newton Road.
You can view the planning report provided to council on Champlain Township’s website.
