Public Hearing October 14 held at Oliver Elks Hall
Zoning Amendment Bylaw 1350.02 – concerning 7034 Tuc-el-nuit Drive
The hearing was convened at 5:00 pm with the Mayor reading the mandatory Statement of the Chair.
For the purpose of answering questions prior to the formal presentations, the Town’s contract planner, Chris Garrish, advised the audience that a riparian setback of 30 meters on the West side of the lake is not necessarily applicable to other areas on the lake-front. However he stated that a Registered Professional will be assessing the area to establish a final set-back. In response to a question regarding infrastructure he stated that staff have assessed potential impact and have no concerns. In response to questions regarding the possibility of renters, noise, and undesirable condition of properties and parking, Mr. Garrish added;
- No short term rentals were allowed.
- There will be zoning regulations regarding parking.
- Trees in the Riparian Zone are protected.
- In the event there was evidence that trees outside the Riparian Zone offered shade then these could be retained based on recommendations from a registered professional.
- A Registered Professional has recommended the Riparian Setback be 15 meters.
- The development will be 5 duplexes totaling 10 units.
In all, 5 people spoke against the proposal and one spoke in favor. The objections were similar to those which were reported in ODN at the August 25th public hearing on this issue and as previously reported – one person at that hearing had expressed support; however during this hearing there was a greater focus on riparian setback from the lake front. A Registered professional was in attendance and explained to the audience how a setback is calculated.
Property owner, Jim Wyse spoke and advised Council of his Aug 25th petition which originally contained 23 names; he then spoke of his concerns about traffic and pedestrian safety if no sidewalk was constructed.
Property owner Dan Friesen rose to speak in favor of the development and during his two presentations he reminded the audience that the task of Staff and Council is a thankless one when trying to please everyone. He commented that the developer is complying with the OCP and reminded the audience of the fact that change is inevitable. He referred to a previous comment regarding a “Duplex Ghetto” and suggested that all present should consider that his daughter lives in a ‘high-end’ cost duplex in Whistler immediately adjacent to a $1,000,000 home and neither she nor him consider her accommodation as being ‘Ghetto’ accommodation.
Property owner, Al Hudec, rose and presented his revised sheet on what residents need to know regarding the hearing and what he considers to be issues the Town is ignoring. For brevity the following were his items;
- Inadequate notice which does not include everyone on the lake.
- Non-compliance with the Town Plan.
- Density Limitations being exceeded.
- Non-compliance with Provincial Law.
- Reducing the Riparian set back previously imposed on other homes.
- Lack of lake protection by Council.
- Inclusion of the subject property in the T.E.N. Mixed Use Zone.
The developer, Michael Megale, rose and spoke of his compliance with the Town’s regulations; his Power Point presentation detailed that there have been two distortions of his proposed development;
One being the suggestion that 25 units per hectare as being High Density when in fact the OCP describes this number as being Low Density.
The second being a reference to the OCP requiring that duplexes be located beside similar developments and commercial areas when in fact the OCP also states that ‘residential areas undergoing development’ shall be considered.
It further states that ‘proposed duplexes shall have high aesthetic value.’ Mr. Megale has previously stated that his development will be high end. He went on to comment on the fact that he has not requested a reduction in set-back and the Riparian Report has been completely misunderstood.
The final speaker was Marion Boyd who owns property on the west side of the lake. She told Council that all sorts of promises about developments are made and the Town does not ensure they are fulfilled. She commented on the new mall at the south end of Town as originally offering to develop a ‘Wine Country’ theme which never evolved.
It should be noted that all letters and documents presented at a Public Hearing are in the “Public Domain’ and can be accessed on the Town Website.
Subsequent to this hearing – council voted 3 to 2 in favour of the zoning change with Mayor Hovanes, Councillors Mattes/Doerr voting in the affirmative and Councillors Schwartzenberger/ and Bennest opposed.
Photos and stories by Pat Hampson