by Richard Rolke - Vernon Morning Star posted Mar 11, 2015 at 1:00 AM— updated Mar 11, 2015 at 6:03 AM
A major development has been given the green light despite extensive concerns from residents. Vernon council voted 3-1 Monday to a rezoning bylaw for 29 acres between Kalamalka Lake Road and Middleton Way. The plan is for upwards of 129 single-family, townhouse and apartment units. “A lot of the issues people asked about we’ve addressed and there are some things we don’t have control over such as blasting,” said Coun. Catherine Lord. “It’s private property and people are allowed to develop. They are meeting all of our requirements.” EMA Consulting has proposed 40 to 50 apartments for 10.6 acres along Kalamalka Lake Road, across from Browne Road. It is also proposed Mt. Griffin Road will be extended westward to allow for 29 single-family lots on 10.8 acres while Mt. Burnham Road could be extended westward to accommodate 40 to 50 townhouses on 5.5 acres. Lone opposition came from Coun. Bob Spiers (Mayor Akbal Mund and Councillors Juliette Cunningham and Brian Quiring were absent). “I felt we need a lot more clarity. There are a lot of questions about why it should go ahead in that format,” said Spiers. “I felt uncomfortable with the whole thing.” A large crowd attended a public hearing Monday. “We will be subjected to construction traffic, noise, dust and debris for the foreseeable future,” said Dennis Windsor, a Mt. Griffin Road resident. Because of bedrock in the area, Windsor says the developer will have to rely on blasting. “We’re concerned our house will be shaken.” Mike Martin, on Middleton Way, explained that he already has a problem with debris coming off a 30-foot rock cliff in his backyard. “The development will further accelerate erosion. We are worried about items from the cliff falling directly into our yard.” For Ben Moore, the concern is the development could lead to monster homes that change the character of Middleton Way. “Some of us have been living there for years and we deserve respect.” A delegation also came from Browne Road on the opposite side of Kalamalka Lake Road. “If they can’t confirm the slopes aren’t stable, they should be left in their natural state,” said resident Holly Baxter of clay deposits. John Keith asked about the possibility of a slide. “It could cross the road and obliterate the 29 strata units we live in,” he said. Pedestrian safety on Kalamalka Lake Road was also raised as was access from Browne Road. “They (Browne Road residents) have a terrible time getting out on to Kal Lake Road,” said neighbour Rob Shaw. “A difficult situation will potentially become more difficult.” However, the developer defends the project. “We will do geotechnical investigations and there will be recommendations to mitigate any concerns,” said Russell Crawford, representing the developer. “Prior to any blasting, there will be surveys of all of the houses. If there are any issues, homeowners can put in a claim through the insurance company and it will be dealt with. Nobody’s children will be put at harm. We live in the community and we’re not here to run rampant over anyone.” It’s expected the rezoning bylaw could be adopted at the March 23 meeting.
Showing posts with label hillside development. Show all posts
Showing posts with label hillside development. Show all posts
Wednesday, March 11, 2015
Wednesday, February 13, 2013
Foothills plan stalls
By Richard Rolke - Vernon Morning Star Published: February 13, 2013 1:00 AM
Land use planning for a Vernon neighbourhood is getting a rough ride. City council was highly critical of a draft Foothills neighbourhood plan presented by staff Tuesday. “There’s too much of a gap between what the community wants and what the plan gives them,” said Coun. Brian Quiring. “We’re not there yet with the plan. Residents are feeling that they haven’t been heard as much as they felt they should have been heard.” Prior to Tuesday’s meeting, council members received a letter from some Foothills residents expressing concerns about the draft plan. “They think we have missed critical elements — a large park and one of the medium density areas being in the wrong location,” said Coun. Patrick Nicol. A primary concern is a shift from single-detached housing to multi-family units. “With the community against row housing, is there another way to achieve density? We don’t want to lose the look and feel of the community,” said Coun. Mary-Jo O’Keefe. Staff insisted that the draft plan was developed based on input from Foothills residents. “Is it everything the public wants, no. Is it what we believe is the best compromise to provide services and amenities, yes it is,” said Kim Flick, community development manager. Staff says that residents have asked for transit and there is a need for sewer and water lines, but a higher population base is required to make those services financially viable for developers and city taxpayers. Ultimately, council instructed staff to go back to the drawing board and hold another public input session before a bylaw process begins. “Having one more meeting with the residents will be a benefit. If we don’t, a public hearing could be a gong show,” said Quiring. O’Keefe believes more needs to be done to address residents’ concerns.
Land use planning for a Vernon neighbourhood is getting a rough ride. City council was highly critical of a draft Foothills neighbourhood plan presented by staff Tuesday. “There’s too much of a gap between what the community wants and what the plan gives them,” said Coun. Brian Quiring. “We’re not there yet with the plan. Residents are feeling that they haven’t been heard as much as they felt they should have been heard.” Prior to Tuesday’s meeting, council members received a letter from some Foothills residents expressing concerns about the draft plan. “They think we have missed critical elements — a large park and one of the medium density areas being in the wrong location,” said Coun. Patrick Nicol. A primary concern is a shift from single-detached housing to multi-family units. “With the community against row housing, is there another way to achieve density? We don’t want to lose the look and feel of the community,” said Coun. Mary-Jo O’Keefe. Staff insisted that the draft plan was developed based on input from Foothills residents. “Is it everything the public wants, no. Is it what we believe is the best compromise to provide services and amenities, yes it is,” said Kim Flick, community development manager. Staff says that residents have asked for transit and there is a need for sewer and water lines, but a higher population base is required to make those services financially viable for developers and city taxpayers. Ultimately, council instructed staff to go back to the drawing board and hold another public input session before a bylaw process begins. “Having one more meeting with the residents will be a benefit. If we don’t, a public hearing could be a gong show,” said Quiring. O’Keefe believes more needs to be done to address residents’ concerns.
Wednesday, June 27, 2012
Application spurs development debate
Accusations of anti-development policies are coming from within Vernon city hall. Criticism erupted Monday after city staff
recommended denying an application for a 33-lot, low-density subdivision
on 14 acres on Eastside Road. Staff believes there is already
considerable land inventory approved for such uses in the community. “We are anti-development because we have years of lots and until that’s gone, we’re holding tight,” said Coun. Brian Quiring. Coun. Mary-Jo O’Keefe has similar views. “Why are we interfering in the market-driven process?” she said. “I’m worried we’re sending the message that we’re not in favour of development in the nicer parts of town.” A staff report says Vernon has existing approved capacity for 40,600 units to accommodate a population of 89,700 people. Staff also says that existing policies call for
new development to be focused in the city centre and designated
neighbourhood centres to better utilize existing infrastructure. O’Keefe didn’t agree with staff’s argument. “Water and sewer are already there and there’s a school in dire need of kids out there,” she said. Coun. Patrick Nicol believes the staff report created artificial boundaries for developers. “We’re going to dictate this instead of market-driven successes?” Staff did find some allies on council, though. “There are lots of properties out there if
developers took the effort (under current land uses) they could
develop,” said Coun. Juliette Cunningham. Mayor Rob Sawatzky says changing land use
designation for the Eastside Road property would be unfair to other
developers in Vernon. “There’s a large pool of similar lots that
investors have set out. Those investors made plans within the official
community plan,” he said. Ultimately, a majority of council defeated the
staff recommendation to deny the change in land use designation from
rural agricultural to residential low density. Any further consideration of the Eastside Road
application is on hold until staff provides a detailed report of
Vernon’s existing development land inventory.
Monday, June 25, 2012
Councillors accuse city of being anti-development
Some Vernon politicians insist existing policies aren't development friendly. An often heated discussion occurred Monday after city
staff recommended denying an application for a 33-lot, low-density
subdivision on 14 acres on Eastside Road because there is considerable
land inventory already approved for such uses. "We are anti-development because we have years of lots and until that's gone, we're holding tight," said Coun. Brian Quiring. A staff report says Vernon has existing approved capacity for 40,600 units to accommodate a population of 89,700 people. Quiring says this particular project may address a certain need within the market. In the end, a majority of council defeated the staff
recommendation to deny the change in land use designation from rural
agricultural to residential low density. Any further consideration of the application is on
hold, though, until staff provides a report with details on Vernon's
existing development land inventory. Look for more in Wednesday's Morning Star.
Wednesday, April 11, 2012
Vernon challenges Supreme Court decision on bylaw
Richard Rolke - Vernon Morning Star Published: April 11, 2012 1:00 AM
Vernon taxpayers could be on the hook for almost $3 million. The B.C. Supreme Court ruled Oct. 6, 2011 that the city’s latecomer bylaw is invalid and Okanagan Land Development Corp, which built the Outback resort, is entitled to $2.8 million for installing a sewer line. “They have not complied with their obligation to the developer,” said Reinhard Burke, a Kamloops lawyer representing Okanagan Land Development. Okanagan Land began construction of the Outback in 2004 and while the developer proposed treating sewage on site, the city insisted that a sewer main be extended along Eastside Road. The size of the sewer line was based on the city’s projections for future growth in that area over 20 years. The city took over title of the main in 2007. Where the problem arose, says Burke, is the city should have charged a fee to all 53 benefitting properties along the sewer route, whether they connect to the line or not, so his client could be reimbursed his costs. Instead, the city’s bylaw calls for payment towards the developer when someone connects to sewer. “There is no valid bylaw so he hasn’t seen a nickel,” said Burke. Burke says his client always expected he would recover the majority of the costs for the line. “When Vernon made my client build this line, the city identified properties that could be developed in the future. Within a year, they changed the official community plan so none of the hillside lands could be developed.” The total cost of the sewer line was $3 million and $2.8 million reflects the portion not required by the Outback for its own use. The city is appealing the October ruling and both sides will appear in Vancouver court May 7. “The city in the past has not pre-charged people (for services they may access),” said Dale Rintoul, a planner. “We wait until there is a building permit or subdivision permit application and the ability to use the service.” Among the city’s concerns is the financial formula referenced in the October ruling. “That’s the primary nature of the appeal,” said Rintoul. If the appeal is denied, the city’s options for restitution are covering the payment itself or enacting a new latecomer bylaw for impacted properties. The Municipal Insurance Agency, which provides local governments with insurance, is monitoring the situation. “They see a possible impact on other jurisdictions,” said Rintoul. “Our bylaw is no different than many other communities.” Coun. Bob Spiers admits he is aware of the case but he would not get into specifics. “Council is briefed on all legal matters from time to time,” he said.
Vernon taxpayers could be on the hook for almost $3 million. The B.C. Supreme Court ruled Oct. 6, 2011 that the city’s latecomer bylaw is invalid and Okanagan Land Development Corp, which built the Outback resort, is entitled to $2.8 million for installing a sewer line. “They have not complied with their obligation to the developer,” said Reinhard Burke, a Kamloops lawyer representing Okanagan Land Development. Okanagan Land began construction of the Outback in 2004 and while the developer proposed treating sewage on site, the city insisted that a sewer main be extended along Eastside Road. The size of the sewer line was based on the city’s projections for future growth in that area over 20 years. The city took over title of the main in 2007. Where the problem arose, says Burke, is the city should have charged a fee to all 53 benefitting properties along the sewer route, whether they connect to the line or not, so his client could be reimbursed his costs. Instead, the city’s bylaw calls for payment towards the developer when someone connects to sewer. “There is no valid bylaw so he hasn’t seen a nickel,” said Burke. Burke says his client always expected he would recover the majority of the costs for the line. “When Vernon made my client build this line, the city identified properties that could be developed in the future. Within a year, they changed the official community plan so none of the hillside lands could be developed.” The total cost of the sewer line was $3 million and $2.8 million reflects the portion not required by the Outback for its own use. The city is appealing the October ruling and both sides will appear in Vancouver court May 7. “The city in the past has not pre-charged people (for services they may access),” said Dale Rintoul, a planner. “We wait until there is a building permit or subdivision permit application and the ability to use the service.” Among the city’s concerns is the financial formula referenced in the October ruling. “That’s the primary nature of the appeal,” said Rintoul. If the appeal is denied, the city’s options for restitution are covering the payment itself or enacting a new latecomer bylaw for impacted properties. The Municipal Insurance Agency, which provides local governments with insurance, is monitoring the situation. “They see a possible impact on other jurisdictions,” said Rintoul. “Our bylaw is no different than many other communities.” Coun. Bob Spiers admits he is aware of the case but he would not get into specifics. “Council is briefed on all legal matters from time to time,” he said.
Tuesday, November 17, 2009
New rules for hillside developments
by Wayne Moore - Story: 50873 CASTANET Nov 17, 2009 / 5:00 am
Kelowna City Council has approved a new set of hillside development guidelines designed to cut down on red tape and improve the dialogue between developers and city planners. The guidelines were brought forward by Subdivision Approving Officer Ryan Smith Monday as a result of an audit done a number of years ago which indicated the hillside development guidelines be reviewed and changes recommended. "Since the early 2000's when Kelowna experienced one of the biggest development booms in our history, I think many of us have questioned the large cuts and scars in the hillsides, retaining walls, fill slopes and erosion that have all been spin-offs of the pace of development in the hillsides," says Smith. "The policy document you have in front of you is the vision and guidelines that will guide a variety of process and bylaw changes."
The consultant who worked on the report says there was never any clear expectation to the developer and their consultant as to what the city wanted. We feel this goes a long way in providing clarity to the developer and their consultants as to how do you do a geo-technical report," says consultant Bob Tordoff. "We have also provided a specific way of how to present all professional reports. All professional reports should have a certain standard. They should all be signed off and sealed by an appropriate professional so you don't have an engineer doing planning and biologists doing landscaping and so on." Smith says the approach is unique and just as the city was a leader with the original set of hillside guidelines, it will be with this as well.
He does caution though that chances will not all occur at once. "With the bylaw changes, the Official Community Plan will probably be the last document to come into place to support this document next year. That's really the umbrella that ties all of this together."
In supporting the recommendations, Councillor Robert Hobson says hillside developments need to start with a vision and clearly they didn't have one in the past. "We have approved thousands of units to occur on the hillsides so they are going to occur there, the question is how to do it in a way that maintains the hillsides as something beautiful and iconic," says Hobson. "I am hopeful that this approach which is a more cohesive approach will achieve that and we will see more respect for the natural environment that is there today and build into it rather than trying to change the natural environment to be an easy and accessible piece of flatland." While Councillor Charlie Hodge called some developments shameful, colleague Andre Blanleil took a more tempered approach. "I think there are some good examples. Some people are throwing out some insults here, but I think Dilworth is a good example of hillside development that does, after it's grown in, look very, very good," says Blanleil. "I am glad that the development community is on side. There's nothing more frustrating as when there is not a clear direction. If we are all on the same page and understand the process we will see a lot less flaws which has been part of the problem." Blanleil says getting all departments together as one focused program will make the process better for everybody. Council endorsed the recommendations as proposed.
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Item 5.1 - City of Kelowna Hillside Development Guidelines.pdf (32781kb) (2009-11-12)
The consultant who worked on the report says there was never any clear expectation to the developer and their consultant as to what the city wanted. We feel this goes a long way in providing clarity to the developer and their consultants as to how do you do a geo-technical report," says consultant Bob Tordoff. "We have also provided a specific way of how to present all professional reports. All professional reports should have a certain standard. They should all be signed off and sealed by an appropriate professional so you don't have an engineer doing planning and biologists doing landscaping and so on." Smith says the approach is unique and just as the city was a leader with the original set of hillside guidelines, it will be with this as well.
He does caution though that chances will not all occur at once. "With the bylaw changes, the Official Community Plan will probably be the last document to come into place to support this document next year. That's really the umbrella that ties all of this together."
In supporting the recommendations, Councillor Robert Hobson says hillside developments need to start with a vision and clearly they didn't have one in the past. "We have approved thousands of units to occur on the hillsides so they are going to occur there, the question is how to do it in a way that maintains the hillsides as something beautiful and iconic," says Hobson. "I am hopeful that this approach which is a more cohesive approach will achieve that and we will see more respect for the natural environment that is there today and build into it rather than trying to change the natural environment to be an easy and accessible piece of flatland." While Councillor Charlie Hodge called some developments shameful, colleague Andre Blanleil took a more tempered approach. "I think there are some good examples. Some people are throwing out some insults here, but I think Dilworth is a good example of hillside development that does, after it's grown in, look very, very good," says Blanleil. "I am glad that the development community is on side. There's nothing more frustrating as when there is not a clear direction. If we are all on the same page and understand the process we will see a lot less flaws which has been part of the problem." Blanleil says getting all departments together as one focused program will make the process better for everybody. Council endorsed the recommendations as proposed.
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Item 5.1 - City of Kelowna Hillside Development Guidelines.pdf (32781kb) (2009-11-12) Wednesday, October 14, 2009
Landing Project Gets Support
A new plan for a much talked about site in Okanagan Landing is closer to going ahead. City council has given third reading to rezoning 25 acres at 9650 Eastside Road, which was formerly the Paraiso Point campground.Mayor Wayne Lippert says the plan is popular with the residents in that area."It's something the residents out there can support because they can see it's an improvement to their neighborhood and they're looking forward to some infrastructure improvements as well that they've been looking for for quite some time."About a dozen people including the property owner, attended Tuesday's council meeting in support of the development, and waited more than two hours for council to approve third reading with no debate.Bob Spiers was the lone council member to vote against third reading.
Property owner Craig Stowe wants to put in 120 single and two family unit homes if the zoning is changed from the current tourist commercial to hillside residential.
Sunday, October 11, 2009
Dream of hillside home slips away for Chilliwack owners
Elaine O'Connor, The Province October 11, 2009 9:41
Fifteen years ago, Chilliwack resident Janet Hall and her husband Ross bought what seemed like the perfect home on a hill. But about five years ago, they noticed something amiss -- what first appeared to be normal settling began increasing and they and their neighbours realized their dream homes were sliding away. The Halls are among the 42 Chilliwack homeowners offered an $18-million city buyout because their homes are inching down the slope of a 4,000-year-old landslide.The city announced the deal Wednesday, following negotiations that began in late 2008 with owners in the Panorama Heights area of the Eastern Hillsides, who have seen their foundations crack, walls gape and joints twist."I'm certainly happy to see it come to a conclusion," Janet Hall said Saturday. "It's hard to be in limbo."
According to the city, staff and geotechnical experts have determined "infrastructure improvements" would "prove complex and costly, with little surety of arresting the ground movement."As an alternative, they are offering to purchase affected homes "at 80 per cent of appraised market value." The owners, after selling, can rent back their homes at 80 per cent of market rates. The Chilliwack Times reported 27 of 42 homeowners accepted the offer, which falls to 70 per cent of a home's value in 2013. Affected owners -- on Panorama Drive, Ridgeview Street, Ridgeview Place and Alliston Place -- still have the option of seeking redress in court.
Despite the offer, the city does not believe it is at fault for approving development in the area."From what we understand, nobody is at fault," Mayor Sharon Gaetz said Wednesday. "Generally it would be the engineer that would be on the hook and say it is safe to build there."But the company involved has since gone out of business. And the movement of the slide is limited to a few centimetres a year and occurs 30 metres below ground -- far past the threshold of geotechnical studies. The city was told that settling was the most prudent option. The mayor plans to try to recoup some of that cost from provincial or federal emergency management budgets. Although her initial requests for assistance were rebuffed, she will meet B.C. Solicitor General Kash Heed Oct. 20.
Hall, who lives on Alliston Place, said she believed the cause is a natural disaster."At the end of the day we have homes we cannot sell. We're hardworking folks stuck in houses that are basically valueless now, through no fault of our own."
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