51 units coming?

Another development proposal stirred up debate at the October 3 Osoyoos Town Council meeting.
At issue is an application to consolidate four parcels of land to provide for the development of a 51-unit multiple family dwelling.
The properties are located on the east side of Nighthawk Drive, with one of the properties extending through and fronting 89th Street.
The adjoining lands are designated as follows: High Density Residential (north), Single Family Residential (south and west), Low Density Residential (east).
The proposed development includes a four-storey building fronting Nighthawk Drive with 39 units, and a two-storey building fronting 89th Street with 12 units.
In addition, the development has two levels of underground parking and a small amount of surface parking provided off 89th Street.
Although the proposed development conforms to the regulations outlined in the Town of Osoyoos Zoning Bylaw, which designates the area as R7 (Multiple Family Residential), the Advisory Design Panel (ADP) who reviewed the application stated some serious concerns about the project.
The technical report from Development Services to council stated that, as presented, the proposed development meets all of the requirements of the zoning bylaw for height, setbacks, permitted uses and parking.
However, the ADP noted in their review of the project that they had the following concerns:rn- stairs and retaining wall sufficient?rn- height of proposed structure from both Nighthawk (mainly) and 89th Streetrn- mass of proposed structure
- elimination of neighbours' view because of mass of structure (winter sun cut off)rn- sidewalk needed with increased pedestrian trafficrn- proposed development will be setting a precedent regarding visual appearance in the downtown arearn- would like council to revisit definition of average grade
- proposed structure would be in the middle of single family and low density residential dwellingsrn- lack of sidewalk and lighting
- unsightly telephone poles.
The ADP further stated that although they understood the proposed development is within the permitted height as regulated by the zoning bylaw, they wished to be on record as not supporting such a building mass and would rather see two stories to reduce the mass of the proposed structure.
But it also needs to be noted that the panel recommended approval subject to the following three conditions:
1) that the three-colour scheme be toned down to a softer, lighter hue
2) the peaked roof and facade over the stairwell be modified to the original design
3) the final detailed landscape plan be approved by the ADP.
Councillor Tom Shields raised the ADP's concerns about the project and said he was getting all sorts of mixed signals.
He made a motion suggesting council table a decision to approve the development application until they could meet with the ADP.
I would have trouble supporting this because of these concerns by the panel who we put in charge of this, said Shields.
They're coming back with a really mixed motion. On one side they're saying they approve it and in the same motion they're on record saying they're not.
But the motion died on the table when no other councillor seconded.
Mayor John Slater said he felt the panel had looked at the application and were understandably concerned about the zoning bylaw. But he added that the property in question has a huge difference in elevation between Nighthawk and 89th.
Back in 1988 and again in '98, our objectives for R7 zoning were to encourage higher residential density development to locate in areas where they will have a minimum impact on the view sheds of surrounding properties. If that bottom property was flat, the view sheds would be a lot more disruptive, Slater said.
The fact is that if you did have a single family dwelling built at Nighthawk, and it was at street level, the height of the single family dwelling wouldn't be much lower than that actual building. We see three-storey houses all around Osoyoos, he added.
Councillor Ken Davreux conceded that he agreed with the points raised by Shields, but said basically his hands were tied.
When a developer comes to town and buys a piece of land, he can develop according to the OCP and the zoning bylaw. I am very reticent to say 'no, he can't do it', said Davreux.
Shields said he didn't think anyone was talking about turning it down, but felt that the ADP's comments needed clarification. Councillor Dick Flintoft said that if council were to turn down the application, they would be putting the town in a position where they could be sued. Councillor Bud Fraser added that the town is growing and people are not used to seeing large buildings, but the project fulfills all the guidelines. Slater added that when the town does look at zoning bylaws in the coming months, they would have to look at some of these issues. At the end of the discussion, council was unanimous in their approval of the application, providing it meets the conditions regarding colour, roof line and landscaping concerns.