Whitehorse Daily Star

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Energy, Mines and Resources Minister John Streicker and Porter Creek Centre MLA Yvonne Clarke

Lot buyers told one thing, given another: MLA

Whistle Bend residents who bought properties expecting them to look out on “green streets” are upset that wider, paved streets are now planned, says a Yukon Party MLA.

By Morris Prokop on October 11, 2022

Whistle Bend residents who bought properties expecting them to look out on “green streets” are upset that wider, paved streets are now planned, says a Yukon Party MLA.

Porter Creek Centre MLA Yvonne Clarke, who represents the Whistle Bend homeowners, is calling the situation “a big problem.”

During question period in the legislature last Thursday, she questioned the government about the planning changes.

“In phases 4 and 5 of Whistle Bend, the Government of Yukon sold lots that fronted onto what are called ‘green streets’. According to the plans and the sales agreements that land buyers signed, these green streets were intended to be small, landscaped walking paths not intended for vehicle use,” Clarke noted.

“Over the summer, I have heard from many constituents who are concerned that, since they have purchased these lots and spent hundreds of thousands of dollars building homes on these streets, the government has now changed its plans; instead of small walking paths, the Government of Yukon is now pushing for a 20-foot-wide asphalt road.

“This is not what these residents paid for when they bought these lots,” Clarke pointed out.

She asked why the government isn’t honouring its contractual obligations to residents who purchased lots on so-called green streets.

Energy, Mines and Resources Minister John Streicker responded, “The arrangement here in the Yukon is that our municipalities plan their communities. They then ask the land development branch from Community Services to develop those lots.

“They then ask Energy, Mines and Resources to sell those lots.

“This was at the request — the change of design was from the City of Whitehorse – and I believe they have reached out to many of that member’s constituents from Whistle Bend to talk about why they made the decision to change things,” Streicker said.

“ ... We are taking our direction from the City of Whitehorse, which plans and designs these neighbourhoods.”

Clarke said the builders, realtors and the eventual buyers all operated under the assumption that green streets would be created.

“Dozens of Whistle Bend residents spent hundreds of thousands of dollars expecting this to be the case. Then the government, without warning, changed those plans after people moved in,” Clarke said.

“Who did the government consult before making these changes?”

Community Services Minister Richard Mostyn responded that the government and the city are working to resolve the dispute.

“To be honest, we consulted with the City of Whitehorse and set out the standards through which Community Services built those lots to those standards dictated by the City of Whitehorse,” Mostyn said.

“The city planned the neighbourhood and we built to the specifications laid out to us by the City of Whitehorse.”

Clarke said, “The Government of Yukon told people that they were buying one thing; then they changed it at the last minute. It wasn’t until my constituents started raising concerns that the government went into damage control.”

Residents were only given a few days’ notice of a meeting planned with government officials for last Thursday, she said.

“Will the minister agree to hold another consultation with adequate notice so that all of the affected residents can properly participate and have their voices heard?” she asked.

Streicker said the government “is always happy to meet with residents to talk to them about their concerns.

“Look, this is a little strange, because we did get letters from some of the constituents, but we didn’t get a letter from the member opposite.”

Streicker urged Clarke to write to the government with her concerns.

“There was a hope for this to be designed a certain way,” he added.

“The city has indicated that it needed to be different. I believe it’s for safety reasons.

“It’s a little strange to be hearing that we’re not working fast enough and to be asked if we can please give more time for meetings. The answer is sure; of course, we can.”

Clarke told the Star this morning, “I understand area residents have been upset with the proposal to make changes to the green street design as originally intended. I have communicated with a number of Whistle Bend residents on this issue.”

She has attended a meeting to listen to their concerns, she added.

“They bought their homes on the premise of living on a green street,” the MLA said.

“The government has advertised these green streets as a key element of the development. The lot sale agreements say that house fronts open up to meandering, three-metre spaced paths with landscaping and decorated lighting.

“Now, contrary to their purchase agreement, this concept has been changed.”

Instead, Clarke said, they’re receiving a six-metre-wide road based on emergency vehicles’ access needs.

“I have heard that residents bought these smaller lots compared to others in Whistle Bend because of the additional green space for their families and a greater sense of community.”

As for what homeowners want done about the situation, Clarke said, “These residents have been living in a construction zone for three years as they wait for the green streets to be developed.

“Both the Yukon government and the City of Whitehorse have to listen to the concerns from the residents. Adequate consultation needs to happen before further planning so a solution takes place.

“I believe any solution should stay as close to the green street concept as possible.”

Asked about Striecker’s and Mostyn’s responses to her questions, Clarke replied “I’m not sure where they are or where their headspace are.

“… YG and the city need to listen to the wishes of residents.”

She added, “I feel for those residents who have been dealing with this issue. I really hope a solution can be found soon so we can continue to develop Whistle Bend into the neighbourhood everyone wants it to become.”

Adequate consultation needs to happen before further planning for a solution takes place, she stressed.

Comments (26)

Up 20 Down 4

Adam Smith on Oct 13, 2022 at 10:56 pm

Class Action Laswsuit.

This is why they exist. The effected property owners should sue YTG and COW.
Let the courts open up the story on this. 100% that YTG will cave at the last minute to stop the publc seeing the inner workings of how we got here.

Imagine 30-50K for each effected property owner.

Up 17 Down 2

Yukoner867 on Oct 13, 2022 at 8:44 pm

These houses were built with paved alleys behind them, specifically designed to have your cars parked at the back of the house and your house facing forward.
Onto a green path. It was a stipulation by developers to have our houses built this way, it effects the whole design of the house and your yard.

Up 6 Down 17

Atom on Oct 13, 2022 at 6:07 pm

I'd suggest if these green streets are not on the property these folks bought, they have no beef....they don't own it!
Pathetic YP....oh and there is that Process thing...oh the details....

Up 22 Down 6

Groucho d'North on Oct 13, 2022 at 2:28 pm

So which government will be issuing refunds to those who paid for something they will not be recieving?

Up 18 Down 3

Groucho d'North on Oct 13, 2022 at 10:06 am

I am curious to know the opinions of the Fire Marshal regarding these proposed bike paths and how restrictive they may be for fire trucks and ambulances. Also with an increased risk due to limited access by emergency vehicles, how are insurance companies reacting to underwriting new mortgages for homes with these constraints?

Up 17 Down 1

Out of Principle on Oct 13, 2022 at 8:46 am

@Sarah Davison

Why the complaints are being made doesn't really matter. I imagine some people are complaining simply out of principle (in other words, they don't care whether or not there are green streets). But still, a contract was made and somebody didn't keep up their end of the bargain.

Up 21 Down 3

YD on Oct 13, 2022 at 8:43 am

yukoner72,

Then the buyers shouldn't have been led to believe that they'd have green streets. Somebody has to be held accountable, especially since people - based on the sales agreement - invested hundreds of thousands of dollars on their properties.

Up 16 Down 17

Yukoner92 on Oct 12, 2022 at 11:19 pm

Poor Yvonne just has no clue about jurisdiction. She so desperately wants this to be a territorial issue so she can slam the Liberals. Nevertheless one of the more experienced Yukon Party MLAs should explain to her that this is about 95% a city issue. It's not YTG's job to punch down on the City just because people feel like they got screwed. Write a letter to your city councilors if you feel that way.

Up 18 Down 6

CJ2 on Oct 12, 2022 at 10:10 pm

So John Streiker thinks it's appropriate to tell Yvonne Clark to write a letter, like she's one of his constituents? That's weird.

Maybe it is common for opposition members to write letters to the government, I don't know, but she also has every right to draw attention to it in the Legislature. As an elected member. You might even say it's her job.

Up 12 Down 10

Sarah Davison on Oct 12, 2022 at 4:14 pm

The green streets have generated some complaints because it's hard to pick up garbage, deal with parking issues etc. Emergency vehicles have clear access is a good thing surely. Otherwise watch the house values on those streets drop. Are the complaints about what the green street looks like, or other things actually?

Up 33 Down 4

Talking to a wall on Oct 12, 2022 at 1:58 pm

"Streicker said the government 'is always happy to meet with residents to talk to them about their concerns.'"

Last 6 years has shown that talking to them is like talking to a wall.

Up 26 Down 1

My Two Cents on Oct 12, 2022 at 1:30 pm

"According to the plans and the sales agreements that land buyers signed, these green streets were intended to be small, landscaped walking paths not intended for vehicle use.” This happens time and time again with COW. Look no further on this one than the head of the Planning Dept. Why was this plan approved in the first place if snow clearing, fire trucks, etc would not be able to come through.

"It’s a little strange to be hearing that we’re not working fast enough and to be asked if we can please give more time for meetings." Arrogance by Minister Streicker is not helping this unfortunate situation.

"I believe any solution should stay as close to the green street concept as possible.” I certainly hope so for those residents who have purchased here. They are not at fault in this situation.

Up 15 Down 1

yukoner72 on Oct 12, 2022 at 1:14 pm

YD: To be clear: YG does not do the design of the subdivision.

Up 21 Down 19

Nope on Oct 12, 2022 at 1:11 pm

Yvonne literally has no clue what’s going on or how any processes work. On top of that she doesn’t even live in the riding she represents. It’s an embarrassment.

Up 39 Down 4

Nathan Living on Oct 12, 2022 at 12:01 pm

Do I have my facts right on this?

The City changed something after the planning went through. GY.
Someone at the City dropped the ball and the hapless people who built their homes were sold short.

Up 39 Down 12

YD on Oct 12, 2022 at 8:50 am

yukoner72, the fact still remains: Buyers signed a sales agreement which indicated that there would be green streets, and that agreement is now being broken.

Up 32 Down 1

Mark on Oct 11, 2022 at 10:59 pm

… and the COW’s response to the concern is what?

Up 26 Down 26

Observer on Oct 11, 2022 at 10:10 pm

@yukoner72

Ms. Clarke is perpetually confused.

Up 2 Down 26

jack on Oct 11, 2022 at 10:03 pm

This should be escalated to our MP, Parliament and PMQ's. No need to get the city involved here.

Up 18 Down 15

Seriously? on Oct 11, 2022 at 5:32 pm

Wow Yawn, must be nice to be so rich, I'm envious!! I mean, if I spent $400-600k on a home and a major component was completely changed with no notice I'd be upset; super cool you'd just shrug your shoulders and nary a word be uttered. So does this mean if you paid $45k for the deluxe package on a vehicle, but were delivered the $35k base model instead, you'd just accept and walk away? Must be nice.

Up 24 Down 25

Wes on Oct 11, 2022 at 5:13 pm

You’d think Yvonne Clarke would have become familiar with the process prior to speaking out.
Too bad the Yukon party isn’t as concerned about the mess they made downtown with the whole Whitehorse emergency shelter.

Up 48 Down 49

yukoner72 on Oct 11, 2022 at 4:35 pm

Ms Clarke is confused. The protocol for land development in whse these days is as follows: COW does consultation, planning and engineering design. The design is given to YG for construction and lot sales. The subdivision is turned over to the COW for operation and maintenance and collection of taxes. She should go after the source of the problem instead of trying to score brownie points in the legislature!

Up 71 Down 20

Jim on Oct 11, 2022 at 4:21 pm

One thing this government does that just shows their arrogance, is their failure to consult. When the government was planning the marijuana sales oulet, I was asking questions to the choice of the Marwell area as a location. When John got fed up when I didn’t accept his “non-answer” answers, he just stopped communicating all together. When the Liberals were twinning the Alaska Hwy again they did not consult before bull dozing ahead. When they were caught with zero consultation on the First Nation procurement plan they said they would revisit it. Even then it wasn’t a complete public inquiring. These guys cannot be gone soon enough. This is all in Kate White’s hands.

Up 26 Down 17

Geoff Capp on Oct 11, 2022 at 4:12 pm

How about a paved alley running behind the houses? If the front rooms were expected to look out on green space, perhaps it would be okay for the kitchen and laundry room to look out on a paved alley? How were these folks planning to get their cars up to their houses, especially electric cars to a charging terminal? That is where the alleys would come in.

Up 78 Down 39

Yawn on Oct 11, 2022 at 3:40 pm

Why doesn’t whistlebend just become its own little town down by the river. Put a Home Depot, Tim Hortons and Walmart there and call it a day. They can have their own mayor as well. The amount of crying from the whistle end crowd is just annoying

What’s next, not enough trees?

Up 67 Down 19

John on Oct 11, 2022 at 3:36 pm

Typical of governments- promise one thing and do something completely different, usually to the determent of the constituent. COW and YTG need to get their crap together. This goes on too often.

Pretty damn condescending of Streicker to tell the MLA - if you have concerns write me a letter. I have suggestion, read bloody Hansard. Wake up and do your bloody job.

COW is infamous for changing their mind - we all know that. You are their agent (or partner - who bloody knows these days) and "as their agent" you have responsibility to the buyer to keep the City on track with the conditions of sale. You are equally on the hook for misrepresentation, and therefore you equally must resolve the issue. Of course asking this government, or COW, to be accountable for their actions would be a stretch.

Nice try Streicker and Mostyn, but you can't dodge the bullet on this one.

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