Failure to fully inform the public
On 26 August 2020, the City held a public meeting to present the Killam/APM North of Towers development, now known at Sherwood Crossing.
During that meeting, APM president Tim Banks presented a traffic impact study he had commissioned for the development. The 8 September 2020 Planning Board meeting package states (p.17/280): The City is also currently undergoing a traffic study for the whole area and that would include recommendations or proposals with regards to this future road access [Spencer Drive].
The resolution to approve the APM North of Towers rezoning application was subject to five conditions, the first of which was: That the Cityʼs Traffic Master Plan (TMP) confirm that the development does not conflict with the proposed site plan.
At 1:06:55 in the video recording of the 9 November City Council meeting, Counc. Duffy states: “I am led to believe all the last four bullets have been met and just waiting for this master plan to be presented which was presented here two weeks ago at Council.”
A traffic plan commissioned by the City involves public money, and means citizens have a right to see it. But, despite repeated requests from individuals to the Mayor and City Council that another public meeting was warranted to present the traffic study — given that the first public meeting failed to disclose all the relevant additional facts surrounding the Sherwood Crossing and future developments — the study was not made public until February 2021.
At the time of approving the rezoning resolution (first reading 9 November, second reading 14 December), the Council did not even have the final ‘draft TMP’, let alone the approved TMP and so the Council could not have satisfied itself that the requirements of Condition 1 had been met.
On 4 January 2021, Sherwood resident Don Read filed a Request for Reconsideration with the City and, following procedure, simultaneously filed an appeal with IRAC. One of the grounds for appeal (LA21001 – Read v. City of Charlottetown) was: Failure to consult and inform public on City’s Master Traffic Plan with respect to Sherwood Crossing rezoning application (related to, and relies on, a land transfer from the development).
In fact, the TMP is still not approved. The draft TMP, with its misleading title West Royalty Commercial Area Traffic Master Plan, was only formally presented to Council on 22 February 2021, and the public received its first glimpse on 26 April during a presentation by the Public Works department.
NOTE: The IRAC hearing LA21001 – Read v. City of Charlottetown is being held today.
Published on CBC PEI, Tuesday, November 10: Proposed 300-unit Charlottetown housing development passes 1st reading
“If the development ends up not fitting the traffic master plan council will look at the project again.”
Published on The Guardian, Wednesday, November 18: Major housing development in Charlottetown passes first reading at council meeting
“The councillor [Duffy] said it was determined that the Sherwood Crossing project won’t have a negative impact on traffic flow in the area.”