NOTL's Rand hearing deals with subdivision road access, proximity to McArthur Estate driveway

The panhandle access was a focus of discussion Tuesday when an Ontario Land Tribunal hearing over the proposed Rand Estates subdivision in Niagara-on-the-Lake resumed for the week.  

Not in session since last Thursday, the hearing continued with evidence being delivered by Stewart Elkins, a transportation planning expert brought in by Solmar Development, the developer with plans to build up to 196 homes or possibly more on the historic Rand property in the Old Town.  

Located at 200 John St., the panhandle is the developer’s preferred access to the proposed subdivision.  

Elkins said there has been disagreement between traffic experts involved in the tribunal hearing, such as how the access road should be classified.  

He said Solmar has based its opinion on the access being appropriate by NOTL municipal engineering standards, which would deem the roadway as retail-commercial because it would lead to six or more residential units, also classified as having a multi-family use.  

“That’s where we took the direction, based on that statement,” said Elkins. “It certainly satisfies that multi-family definition.”

Elkins also touched on a witness statement of David Argue, a forestry consultant who will deliver oral evidence in the coming weeks on behalf of Blair and Brenda McArthur, who live at 210 John St. Elkins also touched on a witness statement of David Argue, a forestry consultant who will deliver oral evidence in the coming weeks.

He said Argue has noted the space between the panhandle access and the McArthur driveway should be 15 metres, which is in accordance with the town’s related bylaw.  The space between them as proposed is 8.6 metres. 

“Our driveway will not be immediately adjacent,” he said, also raising arguments about why Solmar believes the distance between each driveway is acceptable.  

He said there will not be traffic queued and blocking the McArthur driveway, and also told the tribunal that there are three other municipalities in Niagara – Fort Erie, Pelham, and West Lincoln – where driveways and intersections only need to be a minimum of 7.5 metres apart.  

And there are already spots in Niagara-on-the-Lake where the space between intersections and residential driveways are much smaller than 15 metres, according to Elkins and photos he showed the tribunal.  

He provided three examples where there is clearly a small gap between driveways and the closest intersection – one at Niagara and Charlotte Streets, another at King and Anne Streets, as well as a third at King Street and Shaw’s Lane.  

“They don’t meet the standard that our development is being held against,” said Elkins.  

Solmar lawyer Mark Flowers asked Elkins for his overall opinion about the proposed development.  

“I think I’ve demonstrated that this development provides a sufficient roadway design, adequately addresses fire safety, adequately addresses the needs of pedestrians and cyclists.” said Elkins, also adding “parking is not an issue.”  

During cross-examination from David Neligan, legal counsel for the McArthurs, Elkins explained how he arrived at the 8.6-metre distance being proposed between the panhandle access and the neighbours’ driveway. The McArthurs’ property line is 6.9 metres from the property line, and then their driveway is another 1.7 metres inside the boundary, he said.  

The width of the access road will be 9.5 metres in total — seven metres of road plus two half-metre buffers on each side. A sidewalk is planned to be 1.5 metres wide, said Elkins.  

The road will have two lanes allowing two-way traffic. Neligan asked if the 3.5-metre lanes are designed that way to reduce speeding. “They’re not designed just to reduce speed, they’re also designed in consideration with expected traffic volumes,” said Elkins.  

Paul Lowes, a planner for Solmar, started delivering is evidence late in Tuesday’s proceedings.  

The hearing, which started April 9, was initially scheduled to last until May 17. However, an additional week has been added to the plan – July 29 to Aug. 2.  

More evidence will be delivered Wednesday as the hearing continues this week until Friday.