If the City of Calgary is serious about wanting more Calgarians to live in established neighbourhoods there are three initiatives (perhaps they could be New Year resolutions) Council could undertake in 2015 that would benefit the City, homebuyers and developers.
- Make Multifamily Development a permitted use
- Subdivision and Development Appeal Board reform
- Remove bureaucracy
Over the next three weeks, we will look at each one of these initiatives beginning with “making multi-family development a permitted use.”
I know of a recent case where the City Planner thought it would be a good idea to ask the developer to create homes that face both the street and back alley. The developer agreed and proceeded to create a design that would accommodate both street and laneway homes. The Community Association was on side with the design when it was presented to them. But a couple of neighbours didn’t want to share the back alley with the new homes, so they appealed the decision - and won.
Now, after more than a year of debate, it is back to the drawing board for the developer. The net result is the new project will have more expensive homes, as the developer needs to recover hundreds of thousands of dollars spent on the first design and community engagement. This is an example of just one of the lost opportunities to build more affordable homes in established communities in a timely manner as allowed by the existing zoning rules. And, I know this isn’t an isolate example.
Calgary’s Municipal Development Plan (MDP) is a comprehensive document that will guide Calgary’s growth over the next 40 or more years. One of its stated goals is to encourage 33% of future housing growth to be accommodated within the city’s developed area (established or existing communities); this means 80,000 new housing units, or approximately 2,000 new condo and townhomes per year.
The Plan recognizes that as Calgary evolves and society changes so does Calgarians’ housing wants and needs. Fifty years ago single-family homes dominated every new community in Calgary - Lakeview, University Heights or Acadia. But this changed starting about 2010 with the increased demand for multi-family housing mostly by young professionals, empty nesters and affordable first homes for young families.
In fact from 2003 to 2013, 74% of all new housing units in Calgary were multi-family condos and apartments or row housing, however, 90% were in new suburbs. The dilemma is that in established communities there is always a vocal minority who has difficulty accepting multi-family housing in their neighbourhood. This makes building new multi-family buildings in established communities, difficult and expensive.
Permitted vs. Discretionary Uses
The City of Calgary’s Land Use Bylaw zones all land in the city for specific uses e.g. Commercial, Residential or Industrial. The Bylaw even goes further to specify what types of buildings can be built on residential land e.g. single-family, town-homes or multi-family. It even dictates what size of multi-family building can be built - how many units, how high and how many parking stalls are needed, just to name a few of the requirements.
While the City has several multi-family, land-use categories, that define what size of multi-family building you can create on a specific piece of land, it is still at the City’s discretion if they will let a developer build a multi-family building on the land they have purchase at a cost that reflects the approved multi-family zoning i.e. the more density the land is zoned for the higher the land cost. However, with discretionary use, it means the developer first has to buy the land, design the project and then present their plan to City, community and neighbouring landowners to and then they must wait to see if the City will allow them to build their project even if it meets all of the City’s approved conditions for development. This is a very time consuming and costly way to foster multi-family development in established communities.
Make multi-family developments a “permitted” use on land zoned for multi-family development - not discretionary. If the proposed development meets all the approved standards (which have already been debated when the Land Use Zoning was approved by City Council) for the site (e.g. parking, height, landscaping, density and setback), it gets approved without debate. If a proposed development meets the existing rules as approved by the City and community, shouldn’t the project simply get approved without debate? If not, what was the point of creating the rules in the first place? If the proposal requires relaxation from the approved requirements only then should the project is open for debate and approval at the City’s discretion.
As it is, today all new multi-family projects are discretionary use, which means planners and the community get to comment on everything from the aesthetics of the roofline and window placements, to door colour and tree planting. When I was on Calgary Planning Commission, I remember reading a community association’s letter saying, “we would like each unit to have granite countertops.”
As one might expect, debating the merits of a development can take months, even years, to get approval with so many different knowledge bases and aesthetic sensibilities. There is no perfect development for everyone. Everyone might like the proposal except for a small component (and in fact it is often a different component for each person who is opposed to the development) and you end up with a refusal.
Or you get approval from the City, but one or more individuals appeal the project to the Subdivision and Development Appeal Board, which can then delay the project for several months, which will be the subject of next week’s column.
I am told Edmonton developers and planners get a chuckle when told “multi-family developments are a “discretionary use” in Calgary, even when they are on land zoned for multi-family buildings. This alone should be the catalyst for a change in Calgary’s Land-Use Bylaw in 2015.
Richard White, January 25, 2015 (this blog appeared in the Calgary Herald's New Condo section on January 24, 2015 with the title "A call to streamline the approval process."
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