Tucelnuit Lake rezoning a flawed decision resulting in a split Oliver Town council. And it is not pretty.
Newly acclaimed Mayor Ron Hovanes, who cast the deciding vote in a 3-2 decision on a controversial rezoning application, apologized to existing residents of the lake, acknowledging that change is hard. He has concluded that more intensive development on the lakeshore is necessary because the Town is hemmed in by the ALR and the Osoyoos Indian Band reservation, and is effectively out of land.
As a result, the mayor sees a shift away from traditional single family homes on the lake. His vision of the future of Tucelnuit is a plethora of higher density upscale condos – architecturally designed and professionally landscaped, similar to those dominating lakeside development elsewhere in the valley.
Councillor Maureen Doerr similarly sees density on the lake as inevitable, with existing residents fully building out secondary suites and carriage houses as they are permitted to do under existing zoning. Oddly, Councillor David Mattes took the view that he would love to deny the application but couldn’t find a justification for doing so. This was notwithstanding the fact that council was presented with a strong legal analysis indicating that the proposed rezoning breached a host of legal requirements.
In a decision widely opposed by residents at two public hearings and in petitions, council approved a zoning amendment allowing a Calgary developer to build up to 18 duplex units (double the density prescribed for the area) within 15 metres of the foreshore (half the normal riparian setback from the lake).
An environmental expert hired by the developer concluded this intensity of development so close to the lake would destroy fish habitat unless a 15-metre setback from the foreshore was protected from the development and unless the first five metres of that setback is restored and maintained as natural riparian vegetation.
Despite strong and repeated urgings to do so, council refused to impose restrictive covenants limiting the development to the proposed 10 units, ensuring that the required riparian habitat is indeed restored on a timely basis and subsequently maintained by the developer and safeguarding the 15 metre setback from the development with fencing and prohibitions on landscaping.
The developer, Mike Megale, was challenged to offer up an enforceable conservation covenant assuring that he would develop the project to high architectural standards, undertake the recommended riparian restoration and protect the required lakefront riparian zone from the development. He instead offered up only a legally irrelevant “comfort letter” promising that he would develop the site to the standards that he first proposed to council in 2004.
Councillor Jack Bennest was dubious, noting that in spite of accommodating rezoning 10 years ago, the property has sat mostly vacant and been allowed to deteriorate since that time. He voted against the proposed rezoning.
Similarly, Councillor Larry Schwartzenberger foresaw a future pattern of checkerboard development on the lake as others build higher intensity developments closer to the foreshore, blocking the views of existing residents, and voted against the proposed rezoning.
Council’s decision was clearly flawed both due to a failure to meet legal requirements and as a result of a lack of a reasonable exercise of their discretion in complying with the Official Community Plan.
The OCP guides Council to respect the character of existing neighbourhoods and to locate duplexes near existing duplexes, not in the middle of predominantly single family neighbourhoods such as Tuc-el-Nuit Lake. Council, in an overly generous reading of the Plan urged upon them by the Developer and the Town Planner, took the view that it may approve higher density development on any infill parcel being redeveloped regardless of the character of the surrounding neighbourhood.
Council’s decision is sufficiently flawed that it could be subject to a successful judicial review. The real answer, however, is for residents distraught with this decision to express their displeasure in the upcoming municipal election. It’s time to freshen up Council, and Councillors Doerr and Mattes simply have to go.
Yours respectfully,
Al Hudec
