Residents speak out at King Street apartment open house

At a virtual public open house held last week to find out more about a rezoning application that would allow for an apartment building on the northwest side of King Street, neighbours said they feel they have been deceived by the planning process and by the developer, Josh Bice of Butler’s Garden Developments.

Just one of several concerns residents listed is that planners at NPG Planning Solutions have not given enough consideration to the effect that the development will have on area homes.

The amendment application seeks to have the space rezoned from low density residential to allow multiple units, with three site specific provisions: a reduced minimum lot frontage from the required 25 metres to 19.6 metres (due to the irregular shape of the lot); no dedicated children’s play area from the required 46 square metres, citing the proximity to Rye Park; and an ornamental iron fence to separate the property from the abutting vineyard rather than the required board-on-board fence.

Early site plan drawings and architectural renderings for the development show a long lane leading from King Street that opens onto an asphalt parking space for 18 vehicles, behind which would sit a three-storey, balconied apartment building. Although landscaping is shown around the sides and rear of the building, a landscape plan with details of what exactly that would entail is not required until later in the process, residents were told. According to the planners at NPG, at the time of the open house it was not yet known whether the two-
bedroom units of the building will be rented out or purchased as condos.

Because of the irregular shape of the lot, the bulk of the apartment building would not be visible from King Street, planners said, instead sitting on vacant land behind 727 and 733 King Street, at 7.5 metres from properties on Meritage Lane and five metres from the rear of properties on Cottage Street.

Patrick Gedge lives at 11 Meritage Lane, adjacent to the rear of the proposed apartment building. After questioning the planners on issues such as privacy from apartment balconies and windows overlooking his and other abutting homes, noise, and light trespass, Gedge said he was “surprised” to hear senior planner Jesse Auspitz from NPG Planning Solutions say planners “didn’t think that this would have any significant impact on these adjacent lands (Meritage and Cottage Streets).”

Many of the issues raised by residents, Auspitz explained, are details that will be refined at a future site plan stage of the project, based on recommendations received from the town. In terms of privacy concerns, he said, the setback from Meritage Lane “is standard for residential zoning.” Noise, he believes, will not have a significant impact on Cottage and Meritage residents because it is “residential use abutting residential use,” while lighting, also to be included in more detail at a future stage, “is anticipated will be directed more towards the front of the building as opposed to the rear.”

Residents who spoke at last week’s open house took issue with the density of a multi-unit apartment building, saying it would have a negative impact on the neighbourhood. They pointed to an increase in traffic as well as insufficient parking and room for waste disposal and emergency vehicles to manoeuvre on the property.

James Dickson, who lives on King Street, told the planners the development is “an unfortunate case of trying to put too many people in a building, and you’re going to get a lot of pushback for it.”

This is not the first time developers have sought to construct a muti-residence building on the site. In 2018, there was an application for a four-unit condominium building, which was later withdrawn. Then, in October 2022, approval was given by the town to sever the large, underused rear yards from 727 and 733 King Street and consolidate them with the vacant lot between them to create a single lot. According to a town report from that time, this would “create an opportunity for future infill development,” with staff noting that “one single-detached dwelling would continue to be permitted on the consolidated vacant lot.” However, in December of that year, at a pre-consultation meeting between the town and planners, a three-storey, 18-unit residential building with underground parking was proposed.

Recalling the town’s approval in October 2022 to create the single lot, Jason Quesnelle, who lives on King Street, asked, “Why were they (the developers) not honest about their intentions, as approvals were made under false pretenses?”

Aaron Butler, senior planner and partner at NPG, explained that a single dwelling was the intention at that time. “There was no false pretense,” he said. “An application was approved and proceeded under that basis and then they (the property owners) made a different application to propose this development.”

But according to area resident David Rodgers, “it appears to be quite a deceptive process.” Neighbours were told by the developer that he would not do anything that would have a negative effect on the neighbourhood, Rodgers said. “But when I speak to these same neighbours recently, they absolutely believe this is a large negative effect on the environment.”

In addition to the need for the planners to give more consideration to the impact the development will have on neighbouring homes, residents also requested a more detailed shadow study, a landscaping plan, a traffic study and a visual impact review. “There is not sufficient information here to have a fruitful open house because there isn’t enough information in the drawings. It seems at first that the zoning change is pretty simple, but it’s loaded with all sorts of side effects or conditions to it that will have a significant impact on the neighbourhood,” said resident Gordon Khan.

“Even if these detailed drawings are not required as part of the process, as a good neighbour they should be provided because people attending tonight are being asked to form an opinion about the project with insufficient information,” he continued.

When asked how many objections the town has received about the development so far, town senior planner Aimee Alderman said that they “have a received a number, and that they continue to come.”

The Local has since learned that prior to the open house, a list of 33 questions and concerns from 40 neighbourhood residents about the rezoning and the proposed development, some of which were raised at Tuesday’s open house, had been sent to the town.

Residents wanting to provide formal written comments regarding the application can do so by emailing Aimee Alderman at [email protected] and copying the town clerk at [email protected].

A public meeting about the application will be held at a committee of the whole planning meeting on Sept. 12 in the council chamber. Any residents wishing to speak at the meeting about this application can register by email at [email protected] or by phoning 905-468-3266 by noon on Sept. 11.

The completed application can be viewed on the town website at notl.com/business-development/public-planning-notices.