PUBLIC HEARING MINUTES

Transcription

1 PUBLIC HEARING MINUTES MINUTES OF THE PUBLIC HEARING HELD AT THE DISTRICT OF WEST KELOWNA COUNCIL CHAMBERS, 2760 CAMERON ROAD, WEST KELOWNA, BC TUESDAY, PRESENT: Members: His Worship Mayor Doug Findlater Councillor Rick de Jong Councillor Duane Ophus Councillor Bryden Winsby Councillor Carol Zanon ABSENT: Councillor Rusty Ensign Councillor Rosalind Neis Staff: Jim Zaffino, CAO Nancy Henderson, GM of Development Services Brent Magnan, Manager of Planning Allen Fillion, General Manager of Engineering and Public Works Tracey Batten, GM of Administrative & Protective Services/Deputy CAO Jaleen Rousseau, Planner II Neil Wyatt, Help Desk Assistant Shelley Schnitzler, Legislative Services Supervisor 1. CALL THE PUBLIC HEARING TO ORDER: The Public Hearing was called to order at 6:00 p.m. 2. INTRODUCTION OF LATE ITEMS: Correspondence received from the following: Colleen MacIntyre Bruce Forgie and Dawn Lien George Allen June and David Doherty Kyeongmin Oh, Helen Oh, Ken Oh, and Yongsock Oh David Evans, Vanessa Evans, and Rhonda Evans Patricia Mitchell Corinne Adams and Tyson Hepburn Suzanne and Lionel Casavant

2 PAGE 2 of 10 Keith Funk, New Town Planning Heather Larratt William and Marilyn Sinclair Martin Young, Integrated Design Wilf Taillieu, Parc Industries Ltd. Judy McMorran Diane Dehmel Maria Cook Geoffrey Roland Marke and Barbara Bizovie Pauline Marcial Brent Nielsen Melanie Krzyczkowski Shane Voth Mark Watt Chris and Samantha Meyer Walter and Diana Frey Naomi Neukom Glen Lovich Rick Keller Graham and Pamela Stevens Dave Mathieson, President, Shannon Lake Neighbourhood Association Andrew Gaucher, President, Urban Development Institute 3. ADOPTION OF AGENDA: It was moved and seconded that the agenda be adopted as amended. The motion carried unanimously. 4. PUBLIC HEARING: The Mayor explained the process of this public hearing being held pursuant to Section 890 of the Local Government Act for the purpose of hearing representation from those persons who believe their interests may be affected by Zoning Amendment Bylaw No The Mayor noted that binders have been available for inspection which includes any written comments received to date for the application and that a Notice of the Public Hearing was duly advertised in accordance with the requirements of the Local Government Act.

3 PAGE 3 of File No , Zoning Amendment Bylaw No , Seven Properties in the Shannon Lake Neighbourhood Area The GM of Development Services introduced Zoning Amendment Bylaw No , to amend the zoning bylaw to remove the allowable use of apartments on seven parcels that are currently vacant and zoned Medium Density Multiple Family Zone (R4) and which have the Official Community Plan (OCP) land use designation of Low Density Multiple Family. Lot 40, Plan KAP90501, D.L. 2044, located on Hihannah Drive Lot 38, Plan KAP 90501, D.L. 2044, located at 3404 Sundance Drive Lot 37, Plan KAP90501, D.L. 2044, located at 3401 Sundance Drive Lot 16, Plan KAP81056, D.L. 2044, located at 2240 Hihannah Drive Lot A, Plan KAP84971, D.L. 2044, located at 1980 Upper Sundance Drive Lot 6, Plan KAP81826, D.L. 2044, located at 2161 Upper Sundance Drive Lot A, Plan KAP81833, D.L. 2044, located on Shannon Ridge Drive The Low Density Multiple Family land use designation does not support the use of apartments; nor does the OCP support the development of apartments on parcels that must be accessed through existing single family neighbourhoods. The Mayor asked if the owners/agents wished to address Council. Mark Watt, representing Ensign Family Holdings, Lots 37, 38 & 40 Their objective is to have mixed housing types in the area Lot 40 is a park-like setting with view lots Provided an overview of the sites, sizes and zoning on the 3 lots All lots are undeveloped with steep slopes Would like to see cluster and row housing and apartments on the subject properties Will use existing downstream infrastructure capacity The Park (P1) is private; it is not fenced or gated and is intended to be left as a legacy for the community Reinhard Burke, representing Renaissance Enterprises (Shannon Lake) Corp., 2161 Upper Sundance Drive & 1980 Upper Sundance Drive The proposed Bylaw will have a dramatic impact his client s 2 properties Questioning whether it is fair to rezone properties and delete the apartment use Renaissance has provided concessions to the District premised on the land being developed for an R4 use Renaissance has registered a no-development restrictive covenant, granted statutory rights-of-way, including building and maintaining a pedestrian bridge and trail, and consented to removing building 4 in the existing strata development in Lot A This was done with the understanding that the permitted uses would include apartment buildings

4 PAGE 4 of 10 It is unfair for the municipality to obtain concessions, change the zoning, yet keep those concessions Concern that only 7 properties out of several within the R4 zone are having the apartment use removed Section 903 of the Local Government Act does not permit removing a use from only certain properties in a designated zone The existing zone does not need to comply with the OCP since it was in effect prior to adoption of the OCP Concerns with Council s procedure noting that Council discussed this issue at a June 10, 2014 workshop and reached consensus Concern that the Public Hearing Report was reportedly not posted online until the day before the Public Hearing Concern that the District is not complying with Development Applications Procedure Bylaw No. 131 The public and owners should have been provided all information that the General Manager of Development Services presented this evening, prior to the Public Hearing Keith Funk, New Town Planning, representing 3404 Sundance Drive An over-riding principle in the District s OCP is the integration of different housing forms in all residential growth areas The homes in the Shannon Lake neighbourhood are approximately 35 years old Need options where residents can downsize within their own neighbourhood Apartments are the least costly living forms you can create The footprint of an apartment is smaller than a townhouse, uses less energy, and generates less traffic trips per unit Apartments are one of the most sustainable housing forms A letter submitted from UDI identified 3 issues with reference to the proposed change of zoning: 1) the change increases development risk 2) the change creates business uncertainty 3) the change leads to an erosion of trust In 2014, the District of West Kelowna signed onto the Regional Context Statement which supports a variety of housing forms within the community with a range of densities and affordability options Requesting the Bylaw be left the way it is Wilf Taillieu, Parc Industries, representing 2240 Hihannah Drive Purchased the property in 2007 The property had a development plan on it at that time All the approvals and permits required were paid for The project never proceeded due to market conditions Has canvassed the area and spoke to 9 residents Seven of the 9 residents were happy to see further downzoning Has reconsidered the application and now feels an R1 zone with 5 lots would be more appropriate

5 PAGE 5 of 10 Has paid for all zoning and DCC s and will be taking a big financial hit Asking the District to waive future DCC s, park dedication, subdivision and rezoning fees, legal surveys, and Land Title Office fees, so there is no cost to him There is a better market for single family dwellings Dave Cullen, CTQ Consultants, representing 3401 Sundance Drive Provided traffic impact statistics on various land forms Showed a graph focusing primarily on the Sundance Drive area Showed comparisons of trip generation rates on apartments vs single family homes If single family homes were built on 10.5 hectares, 168 trips would be generated If mid-rise apartments were built on 8.4 hectares, 183 trips would be generated If townhomes/condos were built on 8.4 hectares, 183 trips would be generated Although Shannon Way is a local road, it is already operating and functioning as a collector road The graph shows that traffic will increase whether single family homes, townhomes & condos, or apartments are built Shannon Way should be designated as a collector road regardless of how the subject properties are zoned A sidewalk should be added on one side of Shannon Way in order for it to be a collector road standard; the right-of-way and servicing would remain the same The amount of traffic won t be materially different regardless of what type of development occurs. Daniel Berholz, Rose Corporation, representing 1980 Upper Sundance Drive Since 2005, his company has invested over 8.5 million of capital in the District Have not seen a municipality initiate this type of proposed action to down-zone or remove selected uses within a zone) The site was purchased with the understanding that they were zoned for apartments It is not reasonable for the District to remove their option to build apartments on the subject land Have had several discussions with Shannon Lake Neighbourhood Association and understand their concerns By amending the Bylaw and removing apartments will not address many of their concerns Amending the proposed bylaw is sending a message to the development community cautioning them about investing in the District of West Kelowna by taking away rights they had when purchasing the property and reducing the value of the investment after the fact Amending the bylaw may have immense repercussions on the development of this community It is unfair to selectively remove apartments from the specific parcel Developers have paid strata fees and registered a disclosure statement with the Province including this phase of development

6 PAGE 6 of 10 A Development Permit was registered on this parcel for apartments in order to reduce security bonds that were held by the District since 2008 The Developer agreed to amend the Development Permit in order to provide an interim trail across the property There are significant lands to the District for trails and parks based on the R4 zoning Asking that the District follow current process and legislation, withdraw the bylaw amendment and not proceed with the rezoning Vern Newman, President, Shannon Ridge Properties Ltd., representing Lot A, Shannon Ridge Drive Has been in real estate development for 39 years Have never seen a City downzone an area in their previously approved OCP Usually a developer asks to rezone for an increase in density Should be providing a diversity of projects and housing types Developers rely on the OCP when purchasing as pricing is dictated by type of property and density The proposed change will only allow 26 units to be built; that would cost the company $1 million If down-zoning is approved, it will harm the image of the District and have an effect on future development in the District of West Kelowna Residents and developers need to rely on the integrity of the OCP and the reputation of the District 2102 Shannon Ridge Drive is designated R4 (apartments & townhomes) in the 2011 OCP The road designation for Shannon Ridge Drive is urban collector There was a previously approved Development Permit allowing for 8 townhomes and 52 apartments; with the market downturn in 2008, the project was put on hold The steepness of the site does not allow for townhomes; there is an existing apartment directly beside the property The removal of apartment use should only be considered in future development areas Asking to grandfather existing approved locations Asking the District to reject unfair downzoning and allow the mix of townhomes and apartments to stand Chris Ensign, Shannon Way Provided a letter dated July 12, 2005 from the Shannon Lake Neighbourhood Association to the Regional District of Central Okanagan (RDCO) regarding future development and planning in Upper Shannon Lake, for information Have been adhering to the RDCO s requests all the way through their development process This development started in 1986 Their vision was to build a neighbourhood with parks To date, everyone is happy with where they are living

7 PAGE 7 of 10 Please consider everyone s opinions Dave Mathieson, President, Shannon Lake Neighbourhood Association Shannon Lake is a well-established neighbourhood about 40 years old It is primarily single family homes; the area is quiet; there s lots of families and an elementary school in the middle of the neighbourhood The streets were not designed for high volumes of traffic There s not a lot of street lighting Thirty years ago, the area was zoned for density; there has been no effort made since then to assess the impact of the density The subject properties are accessed through a single road neighbourhood Based on experience from the initial apartment, the local roads are an impediment for those trying to get from the apartments to amenities Families suffer from density; the impact is felt by the people living there now Traffic and safety issues exist in the neighbourhood now The OCP is right where it designates medium & multi units should be built Less density is more desirable to the neighbourhood With reference to the Dilworth experience, the streets are newer and more accessible Retirees like living in Shannon Lake where it is quiet and not difficult to get around Shannon Way does not have sidewalks; residents would like sidewalk improvements Sundance Drive is a poor intersection Aaron Day Main interest is in the parkland One of the Developer s has provided trails and bridges for parkland There should be compromise work with the community association, drop the proposed zoning and stay with the current zoning in the OCP, Alienating developers creates an unfair advantage and creates opportunity for development in the neighbouring First Nations lands Parkland on the mountain is more important than extra vehicles on the street George Allen There is a lot of concern in the area with the neighbours It is unfortunate that the zoning decisions were made 30 years ago and now the District of West Kelowna has inherited it Although developers will make profits, there is concern for the value of residential properties also Upper Sundance Drive is essentially a parking lot Supports the OCP and the local residents who participated in the development of the OCP Need to understand the effect of rezoning on adjacent properties The mountain was part of the Shannon Lake ecosystem; it is now isolated

8 PAGE 8 of 10 There is only one access out of the area If development goes through, it will reduce the safety and security of the area and will reduce property values Concern that these new developments will not improve the area Sandra Ritchie Howe, Realtor for the Ensign Properties Many people who downsize want to stay in West Kelowna They want a choice of having a strata development with a combination of townhomes and apartments There s not a lot of strata properties with a Lakeview Lots 37, 38 & 40 would have views The current zoning will provide opportunity to attract younger people who can t afford homes Lisa Thomas Moved here from Calgary to sell Sundance Ridge Understand resident s concerns The intent for the existing apartment building was for people who were going to retire Because of the downturn in 2007/2008, purchasers had to delay their retirement and rent out their units Sales are now going to primary residents who are either single or retired Graham Stevens Lived in the neighbourhood since 1993 Traffic has increased People walk the streets Shannon Way is a speedway Sundance Drive is much narrower; people park on both sides of the road If Sundance Drive and Upper Sundance connect, it will become a racetrack There was no plan for exit roads for the apartments Shannon Way needs sidewalks on both sides of the road; it is unsafe Consider the residents who live there and the traffic safety concerns Would rather see low density vs. apartments with potentially hundreds more commuters Bryan Jepsen Agrees with the proposed Bylaw amendment There are no sidewalks on Sundance Drive There is inadequate street lighting There are two blind spots on Sundance Drive The street is the last to get snow-plowed in the winter There will be an increase in traffic Looking for safe access and safe means for those walking

9 PAGE 9 of 10 Once Sundance Drive and Shannon Way are connected, it will be a collector road One side of Sundance Drive is predominately grade level houses with steep driveways; in the winter, more residents are parking on the roads making it even more unsafe Scott Brown The area is not suited for high-density traffic Does lots of walking on the road; it is a safe place to live Construction of apartments will bring more traffic which will make it unsafe Aesthetics of apartments will make this an undesirable place to live Concern with value of properties in the area if apartments do get approved Need to maintain this as a safe area The meeting recessed at 8:04 p.m. The meeting reconvened at 8:11 p.m. The Mayor asked a first time if there were any members of the public who wished to address Council regarding this application. Daniel Berholz With reference to lack of street lights, sidewalks, snow-plowing, etc., this would be a concern of the District and wouldn t be affected by removing apartments from the zoning; it is not necessarily applicable to this public hearing With reference to parking on Upper Sundance Drive, this could be regulated through other means such as permitting, signage, etc. If Sundance & Upper Sundance were connected, then parking could be addressed at that time There is concern from residents that Sundance & Upper Sundance would be connected; the District has a road dedication and holds a letter of credit for approximately $600,000 to construct the road If residents don t want development on top, and would like it left as park, the developer would be willing to take fair market value and sell it as a park Regardless of the type of development, there will be about the same increase in traffic The Mayor asked a first time if there were any members of the public who wished to address Council regarding this application. There were no comments from the public. The Mayor asked a second time if there were any members of the public who wished to address Council regarding this application. There were no comments from the public. The Mayor asked a third and final time if there were any members of the public who wished to address Council regarding this application. There were no comments from the public.

10 PAGE 10 of 10 The Mayor closed the Public Hearing, noting that no further information may be received by Council with reference to this application. 5. ADJOURNMENT OF THE PUBLIC HEARING: The Public Hearing terminated at 8:21 p.m. MAYOR I hereby certify this to be a fair and accurate summary of the nature of the representations made by the public at the Public Hearing held on June 9, 2015 with regard to Zoning Amendment Bylaw No , Legislative Services Supervisor