This lot at 1064 First St. SW was the centre of controversy after neighbours complained about a proposal to build a four-storey condo complex - an allowed use under the site's mixed-use zoning designation.--News Photo Collin Gallant
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Land that the city markets for sale could be blanket designated as “direct control zoning” – putting any building proposal before council for a decision – as a way to address community concerns when developments are challenged, senior city staff suggested Thursday.
The development and infrastructure committee herd a verbal update at city hall about a seeming uptick in aggravation over how public input is considered when development permits are approved, with staff saying the current process in some ways creates an “unrealistic expectation” in the community that outcomes can be affected.
Managing director Pat Bohan told councillors on the committee that staff are contemplating that – in the case of city land sold to the private sector – neighbours could be given the ability to make arguments directly to elected officials, rather than to staff, who work within set rules in zoning questions.
Last year, the city began placing billboards advertising development permit applications and soliciting public feedback, he said, but if proposals align with what is allowed in specific zones, like mixed-use or medium density residential, there’s no way for planners to use that feedback to change or deny projects.
“There is a flaw there,” he said “And we’re contemplating opportunity to meet that expectation (of having input). It could result in more direct control districts.”
This summer, residents of Harlow have strongly opposed a four-storey condo proposal on land that five years ago was earmarked “mixed use” – including condo construction as a discretionary use – when the land was considered excess to needs for road construction.
Committee chair, Coun. Shila Sharps, says a common complaint from the public is the city takes public submissions on projects that could be deemed controversial, but seemingly have no effect on decisions.
Talks between Harlow residents and high-ranking city officials took place this week, with some success, said city manager Ann Mitchell, adding the city needs to inform residents of changes in neighbourhoods, for example, with billboards, but the feedback process needs exploration.
That could be boosted by a direct control mandate on city property, she said, but that could lead to other problems.
“It will reintroduce politics back into development decisions, which can be good or bad depending on the situation,” said Mitchell. “We need to look at this (proposal) holistically.”
Coun. Andy McGrogan said the idea sounds interesting in theory, but in practice, council members have in the past favoured citizen worries over engineering and other reports from development professionals.
“It certainly could turn (development decisions) into a political football,” he said.
Committee members agreed that senior planning staff would discuss the idea with officials in the land department and prepare an informational item for committee and council in early November.
“It’s a good conversation for council to have, but they need to know the pros and cons,” said Sharps.
Such a zoning change wouldn’t be extended to privately held property, unless requested by owners, say staff. That means developers could still propose changes, and if they match in-place zoning regulations, they would likely be approved with little input from neighbours.
The current practice is for staff to bring controversial or major change in use applications to MPC for discussion or potential conditions, according to planning manager Robert Sissons.
After a direct control decision there is legally no avenue for appeal available to either applicant of those who object, as there would be with the subdivision and appeal board, he said.
As well, refused applications cannot be reapplied for unless there are major alternations.
Department manager Jon Popoff said some developers request rezoning to direct control to give them a level of comfort in negotiating changes.
“Specifically for city property, it’s a proposal that’s worthy of examination,” said Popoff.
Land zoning definitions in the city’s Land Use Bylaw include lists of permitted uses, discretionary uses and prohibited uses, and can outline structural or site requirements.
If a developer requests relaxations or exemptions, staff can bring matters to the MPC for discussion and approval. Or, a developer can apply for a zoning change to match the proposal, which requires a public hearing at council. At that stage however, council members are tasked to determine if the general use is appropriate for the space, not the merits of actual building, such as height, access or parking requirements, which typically form the basis of complaints from neighbours.
