A positive sign

Hillier Creek Estates’ Kemp Stewart

Planning committee approves rezoning for Hillier Creek Estates

In the end it wasn’t even close. Though many council members on the planning committee used their time with the microphone to scold the applicant for failing to placate neighbours in the intervening months since the application was last on the Shire Hall agenda, all but two of fifteen council members present voted in favour of Hillier Creek Estates (HCE) rezoning.

It is just the first step toward becoming an estate winery under County rules—permitting HCE to host catered weddings, meetings and celebrations. The winery now embarks on a site plan agreement process that will address noise issues, neighbourhood concerns, water and septic treatment, and parking.

Most councillors took comfort that the site plan agreement is conditional upon consultation with neighbours and will come back to council for approval— likely in the spring. That left only councillors Brian Marisett and Janice Maynard prepared to continue blocking the winery’s rezoning.

“A site plan is just words on paper,” said Marisett. “I don’t believe this winery has the ability to operate as an estate winery without impacting neighbours.”

Councillor Maynard wants not only to stop HCE from hosting events, she wants to rewrite the County’s estate winery policy to impose stricter limits on what is permitted and who shall be accorded this status.

But for owners Kemp Stewart and Amber Hayward Stewart, it is essential that they become an estate winery in order to host events and celebrations. They have invested nearly $7 million in the property rehabilitating a derelict farm into a productive and attractive winery and vineyard. They have yet see a return on their investment.

Several councillors rejected the suggestion they were hindering the viability of this or other wineries.

“This is not our problem,” insisted Sophiasburgh councillor Kevin Gale. “ You are the master of your own demise.”

Stewart countered that in every wine region in the world, wineries host events, celebrations and weddings. “Our business is selling wine. Events help us do that,” said Stewart.

Other councillors seized upon the implication of Stewart’s comment about the viability of the farm winery.

“Given that this is do or die for you, why didn’t you mitigate with the neighbours?” queried Councillor Marisett.

Stewart and his consulting planner, Larry Spencer, explained it was necessary first to reach an agreement with the roads department over necessary improvements. Earlier this summer, HCE agreed to put up $20,000 plus the land needed to widen and hard-surface Stapleton Lane.

But in order to invest further in professional services—to measure and mitigate noise as well as to meet other conditions—HCE had to have an indication from council that, if all the conditions were met,council would get out of the way. If, howver, council was intent on blocking HCE at every step, there would be little reason to spend thousands of dollars satisfying a long list of conditions.

Former Hillier Councillor Peggy Burris

HCE needed a sign from council.

Unlike the May 2014 planning meeting on the issue, councillors were much more diplomatic in their description of the wine sector in Prince Edward County and its contribution to the local economy. Though more careful in their language, it remained clear many wish to keep this sector on a tight leash. HCE’s neighbour, Peggy Burris, put into words what many were thinking.

“If every winery decided to have an entertainment centre, it will be a terrible thing,” wrote Burris in a statement read by Jane Thompson. “It will impact our quality of life and right to farm.”

Burris said the noise from the Grapes of Wrath event on Saturday, September 13 forced her from her home.

“Are we not supposed to speak up to protect our health?” asked Burris.

But Burris didn’t call HCE or event organizers to complain about noise from the Grapes of Wrath competition, she called the County’s bylaw enforcement.

The former Hillier councillor still manages to elicit considerable sympathy for her cause among her former colleagues.

“I am having a hard time passing this,” said Councillor Gale. “I’m not saying anybody is a liar, but if we pass this my concern is that the issues with the neighbours won’t be fixed.”

Until the matter was raised in May, no complaints were filed with the municipality or received by HCE.

As the debate wore on, it appeared as though council was bracing itself to deny the rezoning.

But where others saw only danger and risk, Councillor Jim Dunlop saw opportunity—both for neighbours of HCE and the economic prosperity of the County.

For several weeks, Dunlop served in an intermediary role, bringing both HCE and roads officials to the table to hammer out an agreement.

“There is a an opportunity for a win-win,” said Dunlop.

He says neighbours can play key role in defining site plan agreement that protects the enjoyment of their properties while permitting much-needed job creation.

Mayor Peter Mertens reminded council that HCE was largely in compliance with the County’s estate winery policy, that it met requirements of the provincial policy statement, the County’s official plan and zoning requirements.

“If applicants meet these policy tests, we can’t create new obstacles,” warned Mertens.

Works and planning commissioner Robert McAuley also cautioned council against holding up the application in anticipation of a review of the County’s estate winery policy.

Mertens assured council members they were still in control.

“You don’t have to trust anybody,” said Mertens. “It remains in your court.”

This was enough for most councillors.