A number of residents on Tucelnuit Lake are speaking out against a zoning amendment proposal that would see a duplex development in their midst.
It was standing room only in Town council chambers last week when residents attended a public hearing on a zoning amendment application for 7034 Tucelnuit Drive.
The applicant, Michael Megale, wants to build five duplexes for a total of 10 living units on 1.02 acres on the lakefront.
The desire is to rezone the property from residential low density three (RS3) to residential low density duplex (RD1).
The applicant has stated that the change in zoning, for most of the property, does not change the density.
Town planner Christopher Garrish said the proposal is consistent with the Official Community Plan. He pointed to the previous direction set by council wherein the development of this site to a maximum density of 25 duplex units per hectare is deemed appropriate.
“The proposed density of 10 units is consistent with this ratio,” Garrish said.
The planner also noted that the applicant had an environmental assessment done on the property, which determined that the development can occur without adverse effects on riparian values.
(The property is located within a riparian development permit area.)
Tucelnuit Drive resident Bill Ross said this is a precedent-setting rezoning that impacts all landowners on the lake. Therefore, he requested council postpone the hearing so that all property owners can be heard.
Jim Wyse, who lives next door to the applicant, presented council with a petition by local residents who oppose the rezoning.
He noted that the proposed development neither conforms to the neighbourhood’s density nor to its single family residential character.
“We are totally opposed to this application in that it is far too dense for the site and the form and style of small (1,200 square-foot) duplex units is certainly not in keeping with the high quality, single family neighbourhood.”
Wyse said he’s concerned that the rezoning will “cheapen” the neighbourhood and depress property values along the east side of the lake.
Wyse said there won’t be much green space left once you incorporate parking into the plan.
Pelican Place homeowner Al Hudec said council needs to protect the environmental quality of Tucelnuit Lake instead of increasing density.
Hudec said council does not have the legal authority in the RS1 zone to go from 10 units per acre to 18 units per acre in the RD1 (duplex) zone.
But local resident Catherine Hodge said she favours the application.
“I believe housing should not be just for rich people but for all budgets.”
Hodge noted the only thing that concerns her about the proposal is the environmental impact on the lake. She also stated that the duplex design should be aesthetic and match the other residential designs in the neighbourhood.
Wyse and Hudec expressed a concern about not seeing any architectural drawings of what the development will look like. They also pointed out that the riparian lake setback for this development will be reduced from 30 metres to 15 metres.
Resident Janice Blocka said the development will not enhance the lake, adding her concern about parking taking up a lot of space.
Local homeowner Marion Boyd said it concerns her that the rules are now changing, which will affect everyone around the lake.
Council passed a motion by Dave Mattes to postpone third reading of the zoning amendment until more questions are answered.
But Chief Administrative Officer Heidi Frank advised council that if any new information comes forward, a new public hearing would have to scheduled.
Council will deal with the issue on October 14.
Councillor Larry Schwartzenberger pointed out that every development on the lake is not single family residential. He noted there are campgrounds, trailer parks and one multi-family duplex on the Osoyoos Indian Band reservation.
Mayor Ron Hovanes said a lot of properties on the lake would not meet new requirements under the riparian development permit area.
Megale said his goal is to provide an opportunity for families who are not rich to live on the lake, and to complete the redevelopment of the original 3.1-acre parcel in a manner consistent with the vision of the Official Community Plan.
He noted there will be two homes built in the first phase.
“The homes are great examples of the design features that will be incorporated into the duplexes. I think there is no question design character should be maintained throughout the redevelopment of the entire original parcel.”
Megale said the last phase of the development will have the same architectural controls and building guidelines (with minor variations) as the first phase.
The applicant said people who are not rich should have the same opportunity to live on the lake as others.
“The neighbourhood is the lake . . . what the lake is missing is some multi-family density which is contemplated in the Official Community Plan.”
Megale said RD1 is the lowest multi-family zoning that is available, and duplexes are the least intrusive multi-family structures that can be developed.
He pointed out several benefits that the proposal will bring to the community. For example, more families with children will have direct access to limited lakeshore land.
He noted the development is only five buildings which ensures a significant portion of the property will be dedicated to green space.
Megale confirmed that riparian features will be protected.
“The riparian features are an integral and desirable part of the development,” he said, noting the riparian report specifies what can’t be done and what must to be done within the streamside protection and enhancement area (SPEA). This report was prepared by a qualified environmental professional (QEP) as per provincial legislation, and is registered with the provincial government.
Megale said there is a sewer line right-of-way located within the east boundary of the riparian setback. He pointed out this right-of-way and the sewer line are physical barriers to encroachment into the SPEA.
Lyonel Doherty
Oliver Chronicle
