Myrtle Avenue Greenspace

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This webpage is dedicated to ensuring the Greenspace zoned for Myrtle Avenue is appropriately utilized and protected as envisioned when it was created.

Myrtle Avenue Greenspace uncertain

INTRODUCTION:

A 9 metre landscaped strip of grass and shrubs is required in the zoning bylaw along Myrtle Avenue, yet the City of Victoria has recently approved a development which lead to a 6+ ft high fence, and destruction of the grass which was replaced with gravel and a sandpit.

Greenspace Before


Now: 6+ ft Fence


And: Gravel, Sandpit


This is within the zoning bylaw (C1-L) that states:
 
"Landscaping: The lot area within 9 m of the rear street [Myrtle Avenue] shall be landscaped with grass and shrubs, which shall be maintained in a healthy condition."



WHAT HAPPENED?

How could this possibly happen? - good question.

We certainly alerted City staff as soon as we saw the fence go up, several of us wrote to and visited the City of Victoria with our concerns, but to no avail. We have been told their decision to allow the development is final.

That leaves us with several concerns: the immediate violations, the future of the zoning, and the City process.


PRESENTATION TO COUNCIL

Having exhausted our exchanges with City staff, we felt it was important that City Council and Mayor become aware of the situation. So, we presented our case to the July 26 City Council meeting.


MEDIA

July 28 - Victoria News


MAP OF AREA:

First, here is a map of the area in question.

Location of Myrtle Avenue Greenspace



EARLY HISTORY:

Up to the 1960's houses were on both sides of Myrtle. The commercial area along Hillside was allowed to replace the residential with the understanding that a 9 metre landscape buffer (noted in red above) along Myrtle Avenue be maintained to buffer residential uses from the commercial activity.

When Romeo's put in a driveway/loading zone in the 1981, the residents felt it violated the understanding. A City of Victoria letter from the City's Planning Officer summarized the history. Also the intention behind the new zoning bylaw was clarified in this City letter, namely:
  "a 9 m (30 ft.) landscaped strip would be maintained to buffer residential uses opposite on Myrtle Street".

In lead up to C1-L rezoning application, a commercial business on Hillside expressed its support:
  "We understand that the rezoning is in fact a formalization of an existing 'gentleman's agreement' to provide residential tenants on Myrtle Avenue with a buffer area.

All indications at present support that the proposed rezoning of the above-captioned site will not take any additional land area than that already set aside for landscape and buffer.

Tonecraft Reality are, therefore, of the understanding that our property interests will not be adversely affected by the rezoning application and consequently are in favour of the rezoning of the landscape strip."



C1-L PUBLIC PROCESS:

A public hearing was held on Dec 13, 1984 to gather public input on the development of the new C1-L zoning. Note that John Hutchinson:
  "stated that residents are vigorously opposed to opening up Myrtle Street to increased commercial activity . . . ".

". . . they wish to maintain the residential character of the area and feel more landscaping and better maintenance would assist this objective."


The C1-L Zoning was then approved and enacted as a Bylaw on Dec 13, 1984. The boundaries of the C1-L zoning are shown to cover 1537 to 1585 Hillside Avenue.


VIOLATIONS:

Over the years residents of Myrtle Avenue brought forward issues relating to maintenance of the landscape buffer and commercial activities (trucks, traffic, noise etc.).

At the beginning of April 2018, several large trees (over 40 feet) were cut down along Doncaster Greenway and Myrtle Greenspace. Then at the end of May 2018, the construction of a 6+ ft high fence began behind 1537 Hillside Avenue. Then the grass was ripped up and replaced with gravel. [see below]
 


It looks like a safety issue looming with a gate for commercial access directly to Myrtle - and in addition a potential loading area zoning violation. This development sets a concerning precedent of carrying the fenceline all the way down the street creating a commercial fortress and precluding the opportunity for the residential landscape buffer to exist, as intended, along Myrtle.

We exchanged numerous emails with City Staff. We went to City Hall and talked to front desk staff to gather documents and background. We were told it was approved through a Designated Development Permit process with no public process. Eventually, we were told that their decision to allow the development was final, and that we would need to file Freedom of Information Requests to get further information.

Violations/issues:
  - Violation of the C1-L limited commercial zoning
  - construction of the fence and area behind it encroaches on the buffer zone
- the fence, gravel, sandpit are not "grass and shrubs" as stated in the C1-L zoning
- commercial access point on Myrtle with potential gate - C1-L states no loading area
- No public process before awarding Designated Development Permit
- No clear appeal process - before finalizing development



SOLUTIONS/ACTIONS:

We suggest a number of solutions and actions to rectify the situation:
  - Removal of the fence and area behind. Replace with proper greenspace grass and shrubs.
- Replacement of large trees along Doncaster and Myrtle with mature trees.
- Review of the decisions and process that allowed a violation of the C1-L zoning bylaw with consideration of process which informs public and allows for input and appeal before final development permit is finalized.
- Amending and strengthening of the C1-L zoning bylaws to ensure the protection of the residential greenspace buffer zone.
- Updating of City's procedures and processes so that similiar situations do not occur in other areas of the city, including an appeal's process and better transparency to residents as appropriate.



RECENT TIMELINE

July 2018: The City of Victoria approved development leading to destruction of zoned greenspace on Myrtle Avenue.

July 26, 2018: Six residents of Victoria present issues of Myrtle St and the C1-L zoning bylaw to Council meeting - Councillor Alto assigned to project.

Oct 4, 2018: Committee of the Whole (COTW) report recommended C1-L amendments. Passed at Council meeting. Staff directed to amend C1-L bylaw.

Jan 24, 2019: Another COTW report now recommended to send project to Oakland Community Association (OCA).

Jan 31, 2019: Passed at Council meeting to send project to OCA.

2019 (Feb-Dec): Nothing done.

2020: Nothing done.

2021: Nothing done.

Feb 23, 2022: Nothing done to date.





If you would like to us send us comments, please send them to myrtlecomments@blockcommunities.com.
Comments, Suggestions, Complaints? Contact Ludo Bertsch