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Council advances elimination of three restrictive covenants

Two of the covenants prohibited secondary suites while the third limited the density of a development

Prince George city council passed third reading of three bylaws removing restrictive covenants at its Monday, March 10 meeting.

On behalf of Kidd Real Estate, L&M Engineering was applying to have one covenant removed from 4114 Balsum Road, a second removed from 6934 and 6936 Langer Crescent and a third from 8777 Foothills Blvd.

The first two covenants restricted the ability for the developer to build secondary suites in duplexes, which a report from city staff says now goes against provincial legislation promoting small-scale multi-unit housing. The developers want that restriction removed.

The third covenant for the Foothills property restricts housing density on it to 22 units per hectare, requires a 50-50 mix between single-detached and multiplex housing as well as that 10 per cent of the developed units have accessible housing features.

The developer is looking for those requirements to be removed, so that the density could be up to the 30 units per hectare allowed under the current zoning and that it can decide what housing forms are appropriate for the site as per the BC Building Code.

During the hearing for Balsum Road, Susan Grattan who lives on nearby Crown Drive and looks down on the subject property said she had previously received a notice from L&M in 2020 regarding the rezoning of the property from park land to a residential subdivision containing four detached units and two two-unit housing buildings.

Because of the COVID-19 pandemic, Grattan said she declined an offer from L&M to learn more about the project but called into a public hearing to object to the property’s rezoning.

Grattan said she realizes the ship has somewhat sailed already given the rezoning, but she believes the proposed development goes against the character of the neighbourhood and promotes too much density for that neighbourhood. She added that the property has lain dormant from 2020 until December, when the trees on the lot were cut down.

While she acknowledged that removing the covenant would align with the provincial legislation, she asked council to consider whether there are larger issues with the planned development.

She asked council to postpone third reading of the bylaw by further two weeks so that area residents can learn more about the development.

Responding to the speaker, Mayor Simon Yu said the city must follow the provincial housing legislation, adding that some of her concerns like the visual impacts of the development can’t be considered, only the land use considerations.

Mandy Jones, the city’s manager of development services, explained that many restrictive covenants were put in place to deal with residents’ concerns over what were then illegal secondary suites in homes.

Next up was Carey Evans, another Crown Drive resident who said she lived near the intersection with Balsum Road. She said she owns a home-based business and worried that the added traffic and parking density from the development would cause a safety issue, especially during the winter.

Addressing the parking concerns, L&M representatives said they’re required when getting building permits to include plans for enough spaces as are designated under the city’s zoning bylaws.

Returning briefly to the microphone, Grattan said she had asked one of the L&M representatives for his phone number so she could further discuss her issues with the company.

Following the close of the public hearing, Coun. Cori Ramsay said that in her view, neighbours across the street would have the ability to build secondary suites because of the provincial legislation. In the interest of fairness, she said she would support the elimination of the covenant.

Third and fourth readings carried unanimously.

After the hearing, Grattan told The Citizen that while it’s true that she and her neighbours could build secondary suites under provincial legislation, they can’t build a six-lot subdivision as the developers are planning to do.

She said she and some of her neighbours want to know whether the development will include other stages and planned to speak with L&M on the subject.

“We know something’s going in there, we just want to know what,” Grattan said.

Moving onto the Foothills Boulevard public hearing, deputy corporate officer Leslie Kellett said five letters were received ahead of time opposing the discharge of the covenant.

Going over the project specifics, Jones said eliminating the covenant would allow for a maximum of 103 units to be built on the site, an increase of 28 from what was originally planned.

As a public hearing was held for the bylaw imposing the restrictive covenant, she said another public hearing had to be held for it to be removed.

One resident from the Woodlands subdivision called in to register his opposition, citing concerns with increases to traffic density as a result of the development.

Coun. Brian Skakun said he wouldn’t support the motion, saying he was worried with traffic and sightlines on nearby Chief Lake Road.

Third reading of the bylaw discharging the Foothills covenant passed seven to two, with Skakun and Yu in opposition.

For the final public hearing on the covenant on 6934 and 6936 Langer Crescent, there were speakers in support or opposition and the applicants were not called upon to answer questions.

Council approved third reading of the final bylaw unanimously.