The site of Kellton Contracting’s plans for a three-storey mixed use building at 711 Water Avenue. Google Maps photo

The site of Kellton Contracting’s plans for a three-storey mixed use building at 711 Water Avenue. Google Maps photo

Proposed Water Ave. development faces opposition from neighbouring business

Water Ave Car Wash wants covenant to avoid noise complaints, legal action from future 711 residents

  • Jul. 3, 2020 12:00 a.m.

A busy Hope contractor laid out plans for a three-storey residential and commercial mixed use building on Water Avenue at a public hearing June 15.

Two letters of opposition were received to Kellton Contracting’s plans to rezone the property from highway commercial to downtown commercial. Neighbour Cindy Izawa said the development would directly affect her, lamenting she wished she had paid better attention when the adjacent building housing a car wash was proposed. “I did not realize how much it would affect the view from my backyard,” she wrote. Neighbouring business owner Case Bosch with the Water Ave Car Wash opposed the rezoning as the future residents of the Kellton development may be opposed to the noise of the 24-hour car wash.

“We chose this site for our businesses on the understanding that it was a suitable location which adds value to the neighboring businesses and the community, without disrupting nearby residents,” the car wash owner wrote. “Unfortunately, we now fear the rezoning will threaten the continued operation of our businesses by introducing the development of multi-unit residential dwellings along Water Avenue’s established commercial neighbourhood.” Bosch stated he feared at minimum noise complaints and possible damage to his business due to legal action.

Bosch asked the district to move forward on having a “noise covenant” registered, wherein Kellton acknowledges they would agree not to sue their business and promise to build with noise mitigation measures. Bosch arguing the rezoning process was the best and possibly the only time the district can act on their request.

Hope’s chief administrative officer John Fortoloczky said the district advises against a covenant, as an existing bylaw protects Bosch sufficiently. The good neighbour bylaw states that a business that is carrying on their work in an industrial or light industrial zone at noise levels common to the particular industry, can’t be guilty of a noise bylaw infraction. The zone for both the car wash and the proposed building are C-2, highway commercial.

Director of community development Jas Gill added that this bylaw is enforceable by the district’s bylaw officer. In the case of a covenant, it would become more complicated at the advice of legal counsel would be needed.

Tony Rhanborn with Kellton Contracting said noise from the highway is a bigger concern than the car wash. “We want as little transfer of noise as possible,” he said, adding two engineers are working on this and options include partitionable walls, extra insulation and triple-pane glass.

The building will have a ground-level parking lot, an elevator and 1,580 square foot homes. The idea is to provide a place for people who are retired, to age in place, and the building will be similar to Kellton’s 211 Wallace Ave. building.

The plans for rezoning passed a third reading, with unanimous support from council, on June 22. It will now go to the Ministry of Transportation and Infrastructure for consideration.

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