Latest news with #MunicipalGovernmentAct
Calgary Herald
5 days ago
- Politics
- Calgary Herald
Legal challenge against blanket rezoning taken to Alberta Court of Appeal
Article content Roughly 70 per cent of speakers were against blanket rezoning, with opponents criticizing how densification of established communities would alter their neighbourhood's character, increase traffic and parking congestion, and strain civic infrastructure. Article content Critics also argued the move would stifle the opportunity for neighbourly input on land-use decisions, by removing the public hearing that would typically accompany a rezoning application. Article content Supporters of blanket rezoning argued it would help with Calgary's overall housing supply and affordability by easing and accelerating the approval of more attainable housing types in communities that were previously zoned for single-family detached homes. Article content Another benefit, proponents argued, is that densifying older neighbourhoods is a cheaper alternative to boost housing than continuing Calgary's urban sprawl. Article content Article content Miller disputed the affordability argument, adding blanket zoning has only served the development sector. Article content 'This whole upzoning was premised on the fact it would bring about affordable housing, and the anecdotal evidence is that it's not creating more affordable homes,' he said. 'It's simply allowing developers to profit significantly by speculating on the land.' Article content Council ultimately supported citywide R-CG zoning, albeit with a suite of amendments related to public feedback and privacy requirements, and listing rowhouses as a 'discretionary use' rather than a permitted use. Article content In June 2024, Calgarians for Thoughtful Growth and its then-300 members sought its initial judicial review by filing its legal challenge to the Court of King's Bench. Article content 'We sought a court review of the bylaw because we believe it exceeds the city's legal authority, was adopted through a process lacking fairness and impartiality and disregarded the overwhelming majority of public input received during the hearing process,' the group's release stated. Article content Article content Justice Michael Lema issued a 39-page ruling siding with the city in late January. He argued council and the city were within their legal right under the Municipal Government Act to implement blanket rezoning, and did so in a procedurally fair manner while providing sufficient notice to the public. Article content A city spokesperson said Thursday that the municipality does not typically comment on matters that are before the courts. Article content The city previously stated that blanket R-CG zoning 'supports increased housing supply and housing choices for Calgarians' by speeding up the redevelopment process and removing cost barriers and political uncertainty.
Global News
11-07-2025
- Politics
- Global News
Residents take City of Calgary to court over rezoning of former Viscount Bennett site
A group of residents in the southwest communities of Richmond and Knob Hill are taking the City of Calgary to court over a council decision to change the zoning of the former Viscount Bennett school site to make way for a high-density development. On April 8, city council voted 9-5 in favour of rezoning the former school site along Crowchild Trail between 26 Avenue and 33 Avenue S.W. Now, a group called Neighbours for Richmond and Knob Hill hope to challenge that decision, seeking a judicial review. 'The basis is that council failed to comply with steps and procedures as outlined as part of the Municipal Government Act,' said Lucia Rossini-Lake, one of the members of Neighbours for Richmond and Knob Hill. The group claims city council made its decision, following a public hearing, without recent traffic data or studies on area infrastructure. Story continues below advertisement 'We know there's going to be development, it just has to be reasonable,' said Storm Purdy, another member of the group. 'If you're going to plunk something down, you want to make sure that the pipes work and make sure that the traffic flows before you actually build anything.' The proposed development's impact on traffic has been a significant concern for those living in the area throughout the process. Stephanie Howard, who has lived in Richmond since 1996, noted she often has to warn other drivers to slow down through the neighbourhood. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'I think the traffic will increase exponentially, which is really unfortunate,' she told Global News. 'I don't think the streets have the capacity for that.' 2:05 Activists protest outside Calgary courts hoping to stop fluoridization of drinking water Council's approval of the rezoning for the site came with several conditions including infrastructure upgrades, improvements to three intersections in the area, and more than $1 million to build a new bus rapid transit stop along Crowchild Trail. Story continues below advertisement While taking questions after the decision in April, Ward 8 Coun. Courtney Walcott said people's habits 'take time to shift.' 'People have to see the bus, they have to know that it's accessible, they have to know that it's safe and know the timelines,' he said at the time. 'That stuff will come.' Minto Communities purchased the property from the Calgary Board of Education in 2023. The development proposal includes eight buildings, mostly between four and six storeys tall, as well as a trio of 16-storey towers along Crowchild Trail that could accommodate up to 1,509 units. However, planning documents show the building heights were scaled back from a maximum of 30 storeys in the original proposal, and the amount of anticipated units dropped from 2,503 to just 1,231 units in the updated plan. A development permit application for one of the buildings on the southeast corner of the site is currently under review, according to the City of Calgary's development map According to Purdy, residents would prefer if the development remained within the guidelines in the Local Area Plan of 400 units per hectare. 'The scaled back version is obviously a scaled back version, but it's still too big,' Purdy said. 'It's not appropriate for this community.' Story continues below advertisement Both the City of Calgary and Minto Communities declined a request for comment from Global News as the matter is before the courts. An initial court date to hear the residents' application has been set for July 23.
Calgary Herald
09-07-2025
- Business
- Calgary Herald
Richmond-Knob Hill residents taking city to court over Viscount Bennett rezoning decision
A group of homeowners in Richmond and Knob Hill is legally challenging city council's approval this spring to rezone the former Viscount Bennett High School site to accommodate a high-density housing project. Article content A new group called Neighbours for Richmond Knob Hill said it is seeking a judicial review of council's approval in April of a land use redesignation for the former school property just west of Crowchild Trail S.W. Article content Article content Article content The application was filed to the court on June 6, claiming council 'failed to comply with steps and procedures required for amendment or approval of bylaws under the Municipal Government Act.' Article content Article content 'The basis of our opposition, with legal guidance, was that the decisions made by city council were procedurally flawed,' said Lucia Rossini-Lake, one of the group's 18 members. Article content 'It's really based on some procedural gaps and they made a decision on the assumption they'd obtain the required information down the road, after they had approved the development permit submitted by Minto.' Article content Proposal scaled down Article content Council voted 9-5 on April 8 to support a land use redesignation that allows the demolished school site to be converted into five multi-storey apartments and three highrise condominiums on an 11.5-acre parcel at the east end of Richmond Road S.W. Article content Article content The housing redevelopment, dubbed Parkline by developer Minto Communities, will include anywhere from 1,200 to 1,500 units. The dwellings will be spread across five apartment blocks that each range from four to seven storeys tall, as well as three 16-storey highrises in the northeast corner of the property, overlooking Crowchild Trail. Article content It's scaled down from Minto's original proposal, which included 30-storey towers and up to 2,500 units. Article content The development permits for Minto's application have not been approved by city administration yet, and are still listed as 'under review' on the city's development map.
Calgary Herald
03-07-2025
- Politics
- Calgary Herald
Edmonton councillors blast Cartmell for failed infill motion
Article content Coun. Tim Cartmell attended Thursday's public hearing into zoning bylaw changes remotely. So, the mayoral candidate didn't see in person how some of his fellow city councillors took victory laps in the wake of his failed motion to put a temporary halt to infill projects. Article content Cartmell's motion to place a moratorium on density-increasing infill projects in mature neighbourhoods was shot down in council Monday night. It was ruled out of order because it likely contravened the Municipal Government Act, based on legal advice council had received. Article content Article content Article content During Thursday's continuation of city council's public hearing into proposed zoning bylaw changes, Mayor Amarjeet Sohi moved that the legal advice be made public. Coun. Karen Principe, who will be running as part of Cartmell's Better Edmonton party, questioned the move, but Sohi stressed the need to be transparent with the public on the issue. Article content Article content The document was dated June 26, four days before Cartmell made the motion. It stated: 'The province sets the standards for building construction and the municipality works within those parameters to issue building permits, inspect construction and administer enforcement. Under this hierarchy, the City of Edmonton does not have the authority to enact a moratorium on building permits. That authority would rest solely with the province of Alberta.' Article content Article content Coun. Aaron Paquette said the document shows that Cartmell went ahead with the motion, and rallied support from the public, knowing full well that infill moratoriums are outside of the municipal government's purview. Article content Article content 'No matter how finely a councillor wants to cut the baloney, it was still legally ill-advised to even consider that motion,' said Paquette. 'And, after eight years of experience, you'd hope someone would know that — especially if they are running for mayor. Article content 'Imagine if we paused all the construction. That's not just developers, that's homeowners who want to build their homes again on the same properties. If you can imagine the sheer volume of people who would be affected, that could easily lead to class-action lawsuits for which Edmontonians would be on the hook.'
Edmonton Journal
03-07-2025
- Politics
- Edmonton Journal
Edmonton councillors blast Cartmell for failed infill motion
Article content Coun. Tim Cartmell attended Thursday's public hearing into zoning bylaw changes remotely. So, the mayoral candidate didn't see in person how some of his fellow city councillors took victory laps in the wake of his failed motion to put a temporary halt to infill projects. Article content Cartmell's motion to place a moratorium on density-increasing infill projects in mature neighbourhoods was shot down in council Monday night. It was ruled out of order because it likely contravened the Municipal Government Act, based on legal advice council had received. Article content Article content Article content During Thursday's continuation of city council's public hearing into proposed zoning bylaw changes, Mayor Amarjeet Sohi moved that the legal advice be made public. Coun. Karen Principe, who will be running as part of Cartmell's Better Edmonton party, questioned the move, but Sohi stressed the need to be transparent with the public on the issue. Article content The document was dated June 26, four days before Cartmell made the motion. It stated: 'The province sets the standards for building construction and the municipality works within those parameters to issue building permits, inspect construction and administer enforcement. Under this hierarchy, the City of Edmonton does not have the authority to enact a moratorium on building permits. That authority would rest solely with the province of Alberta.' Article content Article content Coun. Aaron Paquette said the document shows that Cartmell went ahead with the motion, and rallied support from the public, knowing full well that infill moratoriums are outside of the municipal government's purview. Article content Article content 'No matter how finely a councillor wants to cut the baloney, it was still legally ill-advised to even consider that motion,' said Paquette. 'And, after eight years of experience, you'd hope someone would know that — especially if they are running for mayor. Article content 'Imagine if we paused all the construction. That's not just developers, that's homeowners who want to build their homes again on the same properties. If you can imagine the sheer volume of people who would be affected, that could easily lead to class-action lawsuits for which Edmontonians would be on the hook.'
