Moose Jaw city council moves ahead with bylaw to require approval of supportive housing projects
In a near split vote, Moose Jaw councillors passed a motion to amend the city's zoning bylaw to require a council vote for supportive housing projects in some areas.
The motion, presented by Coun. Patrick Bailey, requests supportive housing be reclassified from 'Permitted Use' to a 'Discretionary Use' in three zoning districts.
'This motion is a very simple change within the bylaw structure we have in the city,' Bailey said at a council meeting Monday night. 'The two uses result in the same path if they're followed and done in the correct way.'
The amendment seeks to expand the use of council discretion for applications related to initiatives including residential care homes, supportive housing, and community service institutions, and introduce additional administrative processes such as mandatory public notification and council review.
Moose Jaw already bans supportive housing projects in most zones, with council discretion in medium-density residential areas.
The amendment would add high density residential areas, the city's core and commercial districts to the discretionary use.
'We're talking about public engagement, consultation in your neighborhood,' Bailey added. 'Where you live, where you walk the streets and what you do. There should be some added discretion applied to it.'
Council passed the motion to task city administration with formulating the revised bylaw 4-3.
Councillors Bailey, Delaurier, Logan and Mayor James Murdock voted in favour, while Councillors Eby, Luhning and Warren were against the motion.
'There would be disastrous, unintended consequence,' Coun. Heather Eby said.
In a report to council, administration warned the bylaw change could result in extended delays for applicants seeking to establish supportive housing developments.
At its worst, administrators added the city could face a legal challenge on the grounds of discrimination.
'I am not comfortable opening up the City of Moose Jaw for litigation,' Eby said. 'There are instances where it happens. I don't want Moose Jaw being on CTV National News for that reason.'
According to administration, other Canadian cities – including Winnipeg – have attempted similar bylaw amendments which faced legal challenges.
'In general, land use regulations that distinguish uses based on the characteristics of their occupants, rather than the physical form or function of the use, have been subject to legal scrutiny in other jurisdictions,' the report said.
'Supportive housing is about people,' Coun. Dawn Luhning said. 'When we talk about people zoning – if this passes – this is what Moose Jaw is going to start doing. [Council] is going to be deciding what's appropriate for certain neighborhoods.'
Other council members in support of the motion believed there would be added steps of consultation as part of the process.
'We need more community involvement,' Coun. Carla Delaurier said. 'We're looking at specialized services within our residential areas, specifically.'
'With what we allow under supportive housing, a 'sex offender hostel' could easily be set up in any area. Would there be any public accountability there?' she added.
Additionally, Moose Jaw does not permit emergency residential shelters within low-density residential areas, including one and two-unit dwellings, semi-detached dwellings, and street townhouses; on sites deemed unsuitable due to adjacent land uses that may pose life safety risks; or within 250 metres of any public or private school.
'These restrictions are designed to emphasize that the city is regulating land use and building form, not the people occupying these facilities,' administration added.
'This is through and through discrimination against people [who] require different needs than maybe the rest of us,' Coun. Luhning said.
'We're not saying, 'No, you can't have these facilities,' Coun. Jamey Logan responded. 'We're saying, 'you have to do your homework ahead of time and get some engagement,' to bring it to council.'
Moose Jaw's city administration is expected to return to council on Sept. 22 with the revised bylaw wording for final approval.
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