Public Hearings – August 25th
At 7:00 pm the Mayor convened the Public Hearing on Zoning Amendment Bylaw 1350.01 which drew no public comment and Zoning Amendment Bylaw 1350.02 with respect to amending the zoning from RS1 & RS3 to RD1 for the property at 7034 Tuc el Nuit Drive. This change would allow for 5 duplexes, totaling 10 units, to be built on the subject property. (5 minutes is allowed for each speaker and that person may not speak again until all other parties have had an opportunity.) Those who did speak rose on at least one other occasion during the hearing.
Mr. Bill Ross of 709 Tuc el Nuit Drive requested that Council postpone the hearing to allow for notification of all property owners on the lake because the lake front is common to all areas.
Jim Wyse of 7022 Tuc el Nuit Drive rose and spoke on behalf of 23 property owners. His presentation included slides. Mr. Wyse’s comments were supplied to this reporter and are amended and itemized below for brevity. He stated that he had discussed these comments with Mike Megale, his neighbor and the developer.
The Land Use Procedures By-Law covering the notification of neighbors is woefully inadequate says Wyse. Notification radius is a mere 30 meters (100’).
The signage requirements are miniscule (48” x 31”).
The time that the sign must be in place prior to the Public Hearing is far too short to properly notify adjacent land-owners. I would like to see Council review their “Notification Procedures”. said Wyse.
We bought Lot 3 in the “Megale subdivision” on May 27th, 2004.
As conditions of purchase we were required to enter into a number of covenants: a “Building Scheme” covenant that specified controls over the design and siting of our house.
Clearly this was to be a high quality, first class single-family subdivision..
It was with that understanding that we purchased our lot.
Three weeks ago, Mike called to advise us of this new rezoning application for 10 small duplexes.
The new “duplex” plan does not meet our expectation as to what would be complementary to our significant home investment.
We are totally opposed to this “10-duplex” application in that it is far too dense for the site, and the form and style of small (1,200 sf) duplex units is certainly not in keeping with the high quality, single family neighborhood in which it will be surrounded. We are very concerned that this rezoning has a high probability of cheapening the neighborhood and depressing property values along the east side of Tuc el Nuit Lake, and indeed the values of all of the single family properties around the lake.
Mr. Wyse’s Summary
The OCP “duplex” Policy indicates that none of the three conditions for duplex (RD1) approval are satisfied in this case.
The rezoning to RD1 will permit a density increase to 18u/acre, which are in excess of the limitations of the OCP and therefore illegal..
The idea of 10 small duplexes on that site is not in keeping with the single family nature of the neighborhood. They will negatively impact land values in the neighborhood.
A revision to an RS-1 zone would satisfy the neighbors and should be more profitable for the applicant. It’s a win/win.
Catherine Hodge 7034 Tuc el Nuit Drive rose to express support for the development. “We don’t believe that lake lots should be just for the wealthy. Few can afford the large lots on this side of the lake and in particular the property taxes that accompanies these large properties. We don’t see anything wrong with townhouses”.
Marion Boyd of 1969 Lakeside Drive rose to speak in opposition based on the fact that when their property was developed “We followed the rules, now they are changed. There is no room to build homes that reflect the neighborhood. I am completely against this” (sic)
Mr Hudec of 950 Pelican Place rose and identified himself as a lawyer during his comments against the development. He stated that there is no market for 1,200 Sq Ft floor plans, the property has deteriorated since 2004, Mr Megale’s business plan makes no more sense than his previous plan and a zoning change could be easily challenged in Court.
Marion Boyd rose again to speak to Riparian issues and Jim Wyse commented on set- backs.
The Town’s contract Planner Christopher Garrish noted that the Town had met the only requirement required which was an environmental assessment of the Riparian Zone impact which was found to comply with Ministry of Environment regulations.
Mr. Hudec and Mr. Ross both stated that public input should continue.