About 80 residents left Tuesday's public meeting at the Sechelt Legion with a better understanding of how the District of Sechelt's development agreement will affect the proposed Silverback residential and resort community development in Tuwanek.
The presentation was run by Brian Taylor, a District lawyer from Vancouver's Bull, Housser, and Tupper law firm. Over three hours, Taylor explained the relevant sections of the development agreement -drafted by the District, not the developer -that affects what kind of benefits the District will receive from allowing the 1,600-unit development to go ahead.
"Our job at the staff level is to give the municipality as much ammunition as it can have," explained Taylor, whose explanation of the subdivision schedule raised the spectre of heavy waterfront development in the early stages of buildout. "We're heading for a development that will be a False Creek on Porpoise Bay," said Sandy Hook resident Sue Jackel in a post-meeting interview with Coast Reporter. Of concern to Jackel is the range of building heights permitted under the zoning bylaw: 2.5 storeys for low-density homes, four storeys for medium-density homes, and six-storey limits for both the hotel zone and the mixed use Seaside Village zone.
"Once the land is subdivided, the developer will maintain discretion as to where to allocate buildings," Taylor said, noting an earlier version of the agreement had allowed more District control over the timing and location of buildout. He maintained Sechelt director of planning Ray Parfitt has "a lot of power as the approving officer" to mitigate uneven development at Silverback.
Parfitt noted the proposed zoning bylaw will limit the waterfront area to 575 units. Taylor said the developer is restricted from building heavily in one area by the height and lot setback limits, but added there's nothing in the agreement that forces the developer to build a golf course -touted as the centerpiece of Silverback - by a certain date.
Facilitator Gavin Perryman kept the evening moving at a brisk pace, punctuating the space between Taylor's responses to the public's questions with feisty statements of: "Are we clear? Let's move on." After two hours, Taylor had made it through just 11 pages of the novel-sized agreement.
Bob D'Arcy, treasurer of the Sandy Hook Community Association, raised height concerns about the agreement's provision to allow development above six storeys if the Sechelt Fire Department gains the capability to fight fires beyond that height."This gives the developer a blank cheque to build higher," said D'Arcy. However, Parfitt said it would also take a zoning bylaw amendment and public process to allow that to happen.
Parfitt also explained the improvement to Porpoise Bay Road is scheduled to occur within the current 11-metre road allowance. The road will be re-paved, widened, and have bike paths added, without cutting into the 15-metre leave strip specified to remain on either side of the highway under the development agreement. The road will stay as two lanes, though some turning lanes will be added.
Taylor explained Silverback's $8 million contribution towards sewer treatment and construction of a sewer line to the Dusty Road treatment plant will be given to the District upon subdivision, in lieu of sewer development cost charges (DCCs) being paid to the District as homes are built out.
For the developer to service anything beyond the 575 unit capacity the District will grant to Silverback, he'll need to build his own plant on site -something Taylor suggested would be a better alternative for the developer, than waiting for the District to build more sewer plants.
West Sechelt resident Ken Matheson estimated the $8 million contribution could allow the District to realize a $3 million savings over charging sewer DCCs, given their rate of $3,100 per unit for the 1,600 units on the Silverback property (a $4.9 million total).
Many in the crowd indicated they expect developer Gabriel Khoury doesn't have the money to develop the project himself, and see him selling off sections of Silverback after gaining zoning approval and the development agreement. Responding to concerns from the audience, Taylor assured those gathered that the development agreement would remain in effect regardless of who owns the lots, through the section 219 covenant.
"This covenant will flow down to whoever owns the land," he said. Section 3.1s of the covenant also ensures that the comprehensive development plan (CDP) - a document produced by Khoury outlining his vision for Silverback - and the development agreement, will both have a legal backbone, to ensure the developer adheres to one of the two documents at all times.
"If there is a conflict between the terms of the CDP and the terms of this agreement, the more restrictive term will apply," reads the section.
The total assessed value for land in the Silverback development -currently all unsubdivided raw land -was $6,900,300 in 2007. Given the low tax rate for raw land, it garnered the District just $61,000 in tax revenue last year.
The rezoning bylaw will go to public hearing next week (March 26) at the Seaside Centre. It will share a double bill with the Looking Glass Foundation's proposal to build an eating disorder treatment centre in Wilson Creek - that public hearing will be first up, with the Silverback public hearing immediately afterwards.
