Hillier urges caution on proposal to change Cherry Lane zoning

By Craig Westcott/August 19, 2022

CBS council voted all but unanimously Tuesday to let a rezoning application on Cherry Lane proceed despite warnings from planning committee chairman Rex Hillier it could be the thin edge of the edge when it comes to changing the nature of the neighborhood.

Hillier was so opposed to the application that he stood aside to let fellow committee member Joshua Barrett make the motion to allow the application.

The item was a late addition to council’s agenda, having been discussed earlier in a private meeting just before the public session.

The property is the former CBS Parks and Recreation Building at 22-24 Cherry Lane. The building was originally a school and went through a number of incarnations, including a police detachment, before being sold by the town to a developer who wants to convert it to a duplex with two units each for a total of four apartments. When the application first appeared before council earlier this summer, it was rejected because neither “apartment dwelling” nor “duplex dwelling” are listed as permitted developments in a Residential Low-Density zone. The new application is to change the zoning to a higher density to permit such developments.

Barrett moved that subject to the payment of the appropriate application fee and a deposit towards the cost of rezoning by the applicant, the Town will start the rezoning process by soliciting public comment.

“As councillor Barrett indicated, this (recommendation) would normally come out of our planning committee (report). I didn’t bring it forward this evening because I’ve got some concerns with that rezoning process,” said Hillier, who happens to be a graduate of the former primary and elementary school that once operated in the building. “We know that we’ve got an old building there and that something needs to be done with it on that lot. It is an eyesore. But I have some concerns about rezoning that piece (of property). People who moved to Cherry Lane built homes there simply because it was low density and now, we’re looking at putting a multi-unit building right smack in the middle of that zoning. I think it serves to diminish the integrity of our R1 (Residential Low Density) zone, and the confidence of potential homebuyers. Would you be interested in buying a property in an R1 zone knowing that at anytime the property adjacent to you could be rezoned? I think that’s a concern, not only for Cherry Land but for other areas of the town.”

Hillier noted the Town is already conducting a rezoning application for another section of the street. That’s at 73 Cherry Lane where the property owner doesn’t have enough frontage to build a home under the R1 zoning requirements.

“We’ve had public input and public hearings and one of the things we heard quite often was this area wasn’t meant to be anything other than R1 and this is just the thin edge of the wedge in terms of rezoning some of these properties,” Hillier said. “I assured people, ‘No, this is not the thin edge of the wedge.’ But if we continue with the rezoning that councillor Barrett has brought forward, we’re moving that wedge farther along, and I can’t support it.”

However, Hillier, with the exception of the mayor, found himself in the minority when it came to worries about the character of the neighbourhood as other councillors expressed support for multiunit housing.

“I guess it comes down to a vote on council regarding the historic area, the zoning area, of that street and that area, and of course the situation of the building there and the condition it’s fallen into over the past number of years,” allowed Mayor Darrin Bent. “It is that and the need for different types of housing and different types of structures. So, I understand the dilemma. I think it will come down to what we hear – if this is approved tonight –from the report and what we hear from the residents, and then it can go from there.”

Barrett said the 4-unit duplex will not make the area “overly dense.’ He argued the units will be attractive to people because they would be located close to the stretch of small businesses on the main road, and there is demand for this type of housing. “From where I’m sitting, I think we’re in a position where we can explore what residents have to say here,” he added. “I don’t think it will be too out of reach with the neighbourhood.”

Ward 4 councillor Melissa Hardy agreed with Barrett, noting the area is within walking distance of a couple of schools, which might be an appealing feature for any families looking to move into the duplexes. “I certainly welcome it,” she said.

Ward 1 councillor Shelley Moores also signalled her support for it. 

“I don’t think we’re in a situation to not even consider more housing options in CBS,” said Moores. “I believe it is important and I do believe this is a very good location because of where it is located, so I do think it is something we need to follow through and look into.”