Concept image for the planned multi-family project at 1607 43rd Ave. (image courtesy of the City of Vernon)

By Liam Verster

Vernon

Rezoning granted for 140 apartment property, no public hearing planned

Dec 13, 2023 | 5:00 AM

Construction of two apartment buildings near the Vernon’s Pleasant Valley Cemetary is going ahead as planned without public consultation.

At the regular meeting Monday, Dec. 11, Vernon city council received a rezoning application for a vacant property at 1607 43rd Ave.

The application requested the subject property be rezoned from R5 – Four-Plex Housing Residential to RH1 – Low-Rise Apartment Residential in order to develop two four-floor buildings that would house 140 apartment units.

“Building A, which is on the west side of the access road, is for 84 units, and Building B, on the east side, is for 56,” Michelle Austin with the city’s planning department told council.

“Both buildings would have a mix of one-bedroom, one-bedroom plus a den, and two-bedroom dwelling units. The access to the property would be from 43rd Ave. though an existing driveway. There would be underground parking at both buildings as well as some surface parking.”

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Along with the application, council was presented with results of an Environmental Impact Assessment, architectural drawings, conceptual landscape plan, and a Trip Generator and Impact Analysis letter.

Austin stated a preliminary geotechnical report had also been compiled, but was not presented with the documents for council Monday as it was 90 pages long and further work was planned at the site to determine the ground water’s potential impacts on underground parking, but she added the preliminary report indicated the parking was still feasible and that the building permit will have a requirement to follow recommendations from the final report.

“Administration is supporting this application for a number of reasons,” Austin said.

“First of all, it aligns well with the Regional Growth Strategy, it’s within a growth area. It’s also consistent with the OCP (Official Community Plan) residential medium density designation for multi-family housing.”

Councillor Brian Quiring wanted the cap on the number of permitted apartments removed initially, but was told by city staff that the developer indicated that the project had been negotiated months prior to provincial regulations encouraging more high-density builds and that 140 units meets the needs of the developer without being penalized.

Quiring then moved that the proposal be supported and that a public hearing not be held, as it was not required under provincial legislation.

“The changes to public hearings and municipal financing occurred the moment Lieutenant Governer Janet Austin gave royal assent to Bill 44 on November 30 (2023),” Quiring said.

“Municipalities can no longer hold public hearings on rezoning applications on housing projects that fit into the local Official Community Plan. The move is designed to put an end to the Not In My Backyard campaigns that pressured some local councils to reject housing projects in areas already earmarked for density growth under long-term community planning.”

Mayor Victor Cumming disagreed with not holding a public hearing, saying it would provide clarity on the project.

The matter was put to a vote, and council supported the zoning amendments with a vote of four to two, with Cumming and Councillor Brian Guy in opposition.

Council’s support was subject to a number of restrictive covenants being placed on the property title.

• Limiting the number of dwelling units to 140
• Limiting the maximum site coverage with impermeable surfaces to 60 per cent
• Requiring a traffic safety analysis for the access on 43rd Ave.
• An easement be registered to allow access to adjacent properties
• Establishing a statutory right of way
• Requiring the development permit comply with mitigation measures outlined in the Environmental Impact Assessment