Tuesday, October 24, 2006

More Thoughts On 'The Thin Edge of the Wedge'

Following is my written submission to the Tempo Dance Academy Public Hearing on Oct. 2, 2006 - my 'technical' comments. It is incorrectly referred to in the official Minutes of the Hearing as being my spoken presentation (remember that if you want your written submission to appear in the Minutes, you will have to read it out loud at the Hearing) but you can find my actual spoken comments on this rezoning application in 'Are We To Start Down The "Slippery Slope"?'

Mayor and Council,
District of Lantzville Amendment Bylaw 60.14, 2006 Public Hearing Submission

In order to change zoning there has to be a clear, overwhelming public benefit and this proposal doesn’t even come close to passing that test:

1. the removal of the dense, tall, tree buffer along Lantzville Road and replacing it with much smaller and sparser landscaping (min. 1 tree every 10 m [33 feet]) will increase noise and highway visibility for the properties across the street (and up Owen Road)
2. the traffic configuration will be problematic since you will have 4 exits and entrances to Lantzville Road over a very short distance. With many people coming around the curve and down the hill at speeds of 65 - 70 kilometres per hour or more, this can lead to a dangerous situation
3. the staff report states that “the water connection would be adequate to service the proposed use” yet it is unknown at this time how many and what type of fixtures are in each washroom (e.g., showers?) and the number of students is not provided anywhere
4. if this dance school were to close or be sold, the facility could be converted to personal care uses (community care facility) or a personal care unit (e.g., assisted living facility), a public assembly use or a 'public utility' (e.g., sewage plant, electric or telephone facility, firehall) without any further approvals from the District of Lantzville.
5. even if the building is an ‘unobtrusive’ design, with the 30 parking spaces around it, it will all be clearly visible for years to come
6. the rezoning to 'Public 1' tries to hide the fact that this is a commercial development. The dance studio will be accepting paying customers who will be coming and going from the studio six days a week and it would be paying commercial taxes. If it walks like a duck and quacks like a duck - it must be a duck!
7. this particular piece of property is ~11 m (35') below the highway (noise travels predominantly straight out or up) and a house could be built in an area on the lower part of it, where it would have 18 - 24 m (60 - 80') trees on three sides. This would be at least 45 m (150') from the edge of the highway to the nearest corner of the building and one would, of course, incorporate elements in the design to mitigate any noise (minimize windows facing highway, sound deadening strips behind drywall on closest walls, etc). I have stood in this area of the property and the highway noise is no worse than what the neighbours across the street from me experience on a daily basis.
8. what is Mr. Le Phan, owner of two side-by-side properties along east Lantzville Road, already zoned PU 1, to make of this application - if you approve it, are we soon to see applications for a dog obedience school, driving school, beauty school, heavy equipment operation school or welding school from him?
9. the steep slope down from the highway is NOT part of this property, it is entirely within the highway ROW
10. it is my firm belief that this proposal and the inevitable ‘rush to commercialize’ which will follow, will negatively impact our enjoyment of our homes and decrease the property values of all of those nearby.

Sincerely,
Hans J. Larsen

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