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  #1  
Old 2012-07-19, 01:17 PM
bccd bccd is offline
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Unhappy Phoenix Homes-Shadow Ridge Phase 2: Lot sizes

Hello,

Is there anybody else who has purchased in Shadow Ridge Phase 2 from Phoenix Homes? We were originally promised a lot with a depth of 140, and we picked our lot location because of this extra depth. After looking at the City of Ottawa's website and the plan/drawings for the subdivision...we realize that the 140' is not true.

(Link to the plan: http://webcast.ottawa.ca/plan/All_Im...8signed%29.PDF)

Phoenix claims they have just learned of this situation and that it is the City that has chosen to shorten those lots.

I contacted the City and they said they have not re-sized any of the lots, and that the plans were already in draft approval stage as of July 2011. We signed our agreement January 2012. This means that Phoenix should've been aware and knowledgeable about the plans and size of lots. The realtor/sales person for Phoenix says that the general manager at Phoenix will not offer compensation: "Phoenix is not offering you or anyone anything".

Wondering if anybody else has run into this problem? Should this be taken up further with Phoenix?


Feeling slighted and lied to...
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  #2  
Old 2012-07-19, 01:20 PM
homeshoppin homeshoppin is offline
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Did you pay a lot premium? If so I'd fight it like a mofo. If not, then I am not sure how much you can do but I'd sure as heck try.
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Old 2012-07-19, 01:25 PM
bccd bccd is offline
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No we didn't pay a lot premium; but we were willing to live with Phase 3 dust and dirt going up around us for that extra depth. Now we're looking at choosing a different lot but there isn't much left to choose from.

Been trying to fight like a mofo but nothing is working! Even the lawyer said nothing can be done because the lot size was not written in the agreement; just the lot #. The lot dimensions were only written out in emails...but apparently agreement prevails over everything else! BOO!!!
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Old 2012-07-19, 01:45 PM
homeshoppin homeshoppin is offline
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Oh that sucks. You didn't get the sitemap with your lot sizes on it? If they lawyer says you're SOL then I guess that's the final call.

How much smaller is the lot depth? 140 is pretty generous for no premium so if it's still over 105 feet deep I think I'd be OK with it. Pretty much anywhere you buy new you'll be in a construction zone for a bit with all the dust anyway. Will choosing a new lot mean you'll be out of a new construction zone?
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Richcraft | Woodroffe Estates | Fulton LE
Closed: Sept 30, 2009 (SOLD!!!)
--------------------------------------------------------
Mattamy | Half Moon Bay South | Valleyfield A
Closed: July 22, 2014 and loving it!


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  #5  
Old 2012-07-19, 02:07 PM
bccd bccd is offline
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The depth is 10 ft smaller than what was promised. All the lots out there are bigger than other suburbs; they are 66 x 130. That's part of the reason why we moved out to the boonies, because of the bigger lots.

There were other ideal lots available that backed onto greenspace, but we didn't choose them because we wanted the extra 10 ft in our backyard. Now those lots are gone, and the ones left are backing onto Greely Sand and Gravel pits...not ideal.

*sigh*. I think you're right...I am SOL! Just wondering if any of the other clients were promised 140, and if Phoenix compensated them...
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Old 2012-07-20, 12:38 PM
bdean bdean is offline
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We purchased lot 62 in January of 2011 and were supposed to have a closing in April of 2012....needless to say we're a long way off from that and it's doubtful they'll make our firm closing date of December 10th at this point, as no foundations have even been poured yet...

All that aside, they advertise on the website that lots range from 124 to 131 feet deep for phase 2 and 66 ft wide. Based on the city of Ottawa plans, it looks like our lot will be about 65.6 ft wide and around 127 feet deep. We weren't promised anything bigger than this, so I'm OK with the lot size (which is still far bigger than you can get anywhere in town). Also - from what I've heard, the greenspace behind will likely be used for stormwater management pond:

http://webcast.ottawa.ca/plan/All_Im...s%20Report.PDF

Also - from what I've seen out at the site, the sand and gravel pits are a fair distance away
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Old 2012-07-20, 01:48 PM
bccd bccd is offline
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I've been following your other posts on this site, I'm surprised that they still haven't moved forward with the build yet! At least Tarion will step in this time around and compensate you...

Is Phoenix doing anything to compensate you? I feel like all my other friends' builders have been so accomodating and offering free upgrades etc for little tiny inconveniences that they've run into...but not with this builder.

You're lucky you picked lot 62 from the beginning, especially because there won't be houses going up behind you. That was our 2nd choice, but we wanted the extra 10 ft for our dogs...and now there aren't many ideal lots left where you are.

We are thinking of going with Lot 2; do you by any chance know what's going up behind there?

Also, did Phoenix tell you about the location of they hydro boxes yet? We had a clause in our original agreement that allowed us to change lots if there was a hydro box on our lot. But now that we are changing lots, they're saying they won't put that clause in there anymore.

Thanks for your response!
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Old 2012-07-20, 06:29 PM
N2K N2K is offline
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We had originally reserved a lot with Phoenix back in Jan 2011. In the end we decided to go with Olympia.

We were thinking of putting a fence up this summer as we are on the corner (across from lot 2) and expected construction to start anytime, at least on the roads. I have been looking online to see if I could find out when it will start and on the City of Ottawa website it shows the applications for Phase 2 are currently on hold and have been since March 2012. There's a lot of reports to read through but from what I can tell I think the City has requested additional environmental studies in support of the well system for Phases 2 and 3.

As for what is going behind lot 2, from the plans it looks like a new subdivision eventually. (In the winter there is a snowmobile path).
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  #9  
Old 2012-08-07, 12:51 PM
bccd bccd is offline
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Thanks for the reply and info N2K! I can't believe they haven't started construction yet...sheesh! I am hoping they won't build the subdivision behind lot 2 too soon; City says it's zoned for residential but there aren't any plans submitted yet.
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  #10  
Old 2012-08-23, 04:53 PM
bccd bccd is offline
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Well...Phoenix is officially the most unorganized, frustrating builder I've ever heard of. Unfortunately, we were at the receiving end of this. I contacted my lawyer to see if they received the new agreement with the amendment for us to change to Lot 2, lawyer said no. The agreement was signed July 24th. Contacted sales rep of Phoenix, she says that they've run into a "snag" with our lot and the developer wants to keep it for himself so we now have to choose another lot. YET. AGAIN! When were they going to tell us that?! We asked them this and their reply was "we just found out now, or obviously we wouldn't have signed the amendment, pick another lot". No apologies..no sympathy. FED UP!

Anybody have any experience with cancelling an agreement? Does it matter if the land isn't even approved yet for residential zoning?
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