Rezoning PropertyNavigation

This section illustrates opportunities for consultation during a rezoning application. Players’ potential for involvement, outlined in three stages (research, consultation and assessment), will likely vary and occur at different points.

Example: A developer wants to build a multi-family housing infill project on land that is zoned for single-family dwellings only. To make the project possible, the land needs to be rezoned (see p. 90 for more information on zoning).

Key Question

Developer
Can we obtain permission to rezone?

Community
Do we support the application for rezoning?

Planning and Development
Should the requested rezoning be approved?

BACKGROUND RESEARCH
Goals
Make a compelling case for rezoning.
Remain abreast of proposed changes to local zoning.
Provide clear direction on what is required so the department can evaluate the proposed change in land use.

Provide a professional and technically sound recommendation to Council regarding the proposed zoning.

Steps Research development possibilities, applicable plans and zoning.

Meet with Planning and Development to review the project. Respond to all comments received from Planning and Development. Develop options for consideration. Clarify what other departments will require and prepare necessary research.

Discuss the preferred new zoning and land use requirements with Planning and Development.

Keep in touch with Planning and Development. Ask questions if something is unclear.

Know the overall community goals for planning initiatives.

Understand how the various plans apply to your community.

Understand the implications of rezoning for your area.

Review any applicable plans (e.g., Outline Plan, ASP).

Advise applicant of requirements, which may include pre-application community consultation, for example in Direct Control areas.

Evaluate how the proposed zone impacts surrounding land uses and compatibility.

Coordinate and review technical input from various civic departments and utility agencies.

Send public notification to property owners within 60 metres or more.

Provide information to the community, if requested. Negotiate with proponent, as required, to achieve specific policy objectives.

CONSULTATION
Goals Obtain community support for plans and improve understanding of community needs in preparation for Council’s public hearing. Develop a position on the rezoning that encompasses the perspectives of the community and stakeholders. Ensure appropriate public consultation and notice occur once the application is received.
Steps Work with Community to jointly execute a consultation strategy.

Inform the community about the plan, receive feedback and address concerns. Present options, if possible.

In meeting with community, be open to alternative zoning options.

Meet with City Councillors to obtain support and provide information.

Participate in public hearing with City Council.

Work with the developer to jointly execute a consultation strategy.

Ask administrators to share conclusions regarding consequences of rezoning, impact on the area, etc.

Hold an expanded community meeting and/or small planning committee meeting. Organize the agenda and format to give all interested community members opportunity to provide informed input.

Inform the developer about the community’s positions and where compromise may be possible.

Formally approve the community league position at a meeting.

Meet with City Councillors to obtain support and provide information.

If desired, register for and speak at public hearing.

In most cases (using discretion based on complexity or impact of the rezoning) suggest the applicant host a meeting or attend a community league meeting to make a presentation.

For Direct Control (DC) areas, provide requirements for pre-application consultation through the appropriate channels. Solicit input through public meetings.

Act as a resource for the community and developer at their request.

When the proposed zoning does not conform to plan, hold a public meeting to discuss the proposal and the amendments required for approval.

Prepare recommendation to Council.

Tools How to present at a public hearing, p. 57.
EVALUATION AND REFINEMENT
Goals Provide good, clear information to the community with the view to presenting a joint submission to City Council. Gain sufficient input and understanding to make an informed response to the application. Evaluate the proposal, taking into account the adjacent land use, community impact, identified concerns, technical standards and compatibility issues.
Steps Determine where you can offer to compromise. Develop a win-win strategy. Based on feedback, make final changes before submitting the application. Speak at public hearing. Examine the impacts for the most intense permitted use allowed on that site. Questions to ask:
- What is currently permitted?
- What could change under the new zoning?
- Does the proposal help to achieve the intent and expectations of any approved policies for the neighbourhood?
- How will the proposal (positively and/or negatively) impact the neighbours and the community?
- What precedent will this set?
- How are CPTED principles reflected in the application (see p. 96)?

Analyze whether it would be more preferable to have a Direct Control (DC) zone, with specific controls, or a regular zone.

Ask the department and developer about applicable plans and any other outstanding questions you might have.

Clearly articulate the terms and level of community support for the application.

Speak at public hearing.

Respond to technical questions from any party.

Evaluate the impact of the proposal.

Receive comments and input from the community.

Prepare recommendations to Council on the zoning application after considering community league, City and developer issues, balancing those interests with overall long-term development needs.

Convey the department’s position and rationale regarding the rezoning application.

TOOLS FOR REZONING

Tool: Preparing for a public hearing before City Council

The final decision on all land use rezoning applications is made by City Council at a public hearing. Every citizen has the right to address Council.

SOLIDIFYING YOUR POSITION

  • Contact/meet with affected parties.
  • Host public meetings in the community.
  • Review and summarize relevant planning documents.
  • Carefully document meetings, discussions and phone calls.
  • Review the Planning and Development Report and Recommendations.
  • Discuss any questions/clarifications with Planning and Development personnel and any other relevant City staff.
  • Communicate in writing or in conversation with your Councillors, so they are aware of your position and can speak to the issue during the hearing.
  • Seek advice from your Councillors.

PREPARING TO PRESENT

  • Advise affected community residents of their opportunity to provide written and verbal submissions to Council at the public hearing. Note, however, that it is wise for each stakeholder group to limit the number of speakers. Avoid having several speakers repeat the same points.
  • If you wish to speak at a Statutory Public Hearing, obtain a registration form online at www.edmonton.ca/meetings or call the Office of the City Clerk at 496-8178. You can also register to speak at City Hall before the meeting begins, but you may have to arrive very early to do this.
  • Check with the Office of the City Clerk for more information. Schedules, agendas and minutes for all meetings are available through the Office of the City Clerk and on the City’s Web site at www.edmonton.ca.
  • Familiarize yourself with procedures by attending a public hearing of Council prior to your presentation.
  • Take time to prepare a succinct, well-organized presentation. Each speaker has a maximum of five minutes.
  • Practise and time your presentation, including any visual aids.

USING VISUAL AIDS

  • Various audiovisual equipment is available for use when speaking before City Council, including a document viewer, VCR and PowerPoint software. Contact the Office of the City Clerk (496-8178) at least two days before the meeting to request use of any equipment you need.
  • Meet with a City Clerk staff member to review how the equipment operates at least a day before your presentation.
  • Whether or not you use audio-visual assistance, your presentation cannot be longer than five minutes.

AT A PUBLIC HEARING

  • You must be ready to speak on a given day, and you may have to wait. Do not count on Council addressing the application at a specific time.
  • The Mayor introduces the items on the agenda, in the order established by Council.
  • A senior planner describes the proposal and the reasons for the Planning Department’s recommendation.
  • Those in favour of the proposal or application are called upon to speak first, followed by those opposed.
  • Each speaker is allowed five uninterrupted minutes, then fields any questions from Council. Each Council member may take five minutes to ask questions. There is no opportunity for rebuttal.
  • Other civic experts (in transportation, engineering, law, planning, etc.) may be asked to provide clarification.
  • Anyone may then address Council again, but only to respond to any new information introduced during the hearing.
  • Council debates and then votes on the application. (Stay for this, to show your interest in the proposal.) A separate motion is made on each issue that requires Council decision or direction.
  • Everyone who presents to City Council receives a notice in the mail outlining the decision. Contact the Office of the City Clerk (496-8178) with any questions. All minutes are also posted at www.edmonton.ca.

PROTOCOL

  • When called upon, come forward to the microphone.
  • Speak directly into it.
  • Introduce yourself and who you represent.
  • You may submit a document with the signatures of those you represent, indicating you have permission to speak on their behalf.
  • Address the Mayor as “Your Worship” or Mr./Madam Mayor.
  • Address Councillors as “Councillor Last Name.”
  • Raise only points that are relevant to the topic.

WHAT TO SAY

  • Describe how the issue impacts you and those you represent.
  • Review the contact/involvement you have had with the applicant, neighbours and/or community.
  • State your reasons for supporting or opposing the item in question.
  • Suggest ways to improve the proposal.
  • Coordinate your presentation with other presenter(s) if you have many issues to cover. Three clear, concise presentations in 15 minutes work better than one complex and hurried presentation in five minutes.
Do Not:
  • Rant—present the information calmly.
  • Try to cover every issue—be selective.
  • Appear close-minded—look for a compromise.
  • Make claims you cannot support—be honest about your limitations.
Remember:
  • Be prepared – rehearse.
  • Be informed.
  • Stick to the facts.
  • Be fair.

ANSWERING QUESTIONS

  • Keep answers brief and to the point.
  • Do not claim knowledge you do not have – just say, “I do not know.”
  • Do not lie or make up answers.
  • Keep your cool, even if you do not like the tone or implication of a question.
  • If you have spoken to your Councillors and they know the issues well, they may raise questions that you either forgot or did not emphasize during your presentation. This can be a strong element during Council deliberations.

WRITTEN SUBMISSIONS

  • Speak to the City Clerk’s Office about submitting written material. It is recommended that you bring 20 copies of your submission.
  • Submissions can be photos and must be typed or legibly written.
  • To be included in the Agenda of Council, submissions must arrive at the City Clerk’s Office at least a few days prior to the public hearing.

RESOURCES

Office of the City Clerk 3rd Floor, City Hall, 1 Sir Winston Churchill Sq., Edmonton, AB T5J 2R7 Tel: (780) 496-8178 Fax: (780) 496-8175 E-mail: city.clerk@edmonton.ca

Scenario: Rezoning to a Direct Control (DC) Provision

A developer has bought land zoned RA-7 (Low Rise Apartment Zone) and wants to develop an animal hospital. All of the land on the block is vacant and the houses on the north side are in very poor condition. The site is on a major arterial road in an older community that is seeing signs of revitalization as new families move into the area.

Developer

Planning and Development

Community League

Community Members

The developer wants this site to be rezoned CB2 (General Business District). This zone would allow flexibility in the event the animal hospital proves not to be a viable business. The developer sees this as a convenient location for a needed service.
Planning and Development persoommunity Consultnnel clarify what the proposed zone can and cannot accommodate, inform the developer of preapplication consultation requirements and provide advice about conducting a traffic study. In addition, the department provides information at a community meeting.
The community league chooses not to be involved. The league executive asks the developer to speak to interested neighbours. Seeing a need to both retain old housing and develop new, community members do not want to sacrifice land that could be used for housing. The community is also concerned because a school and child’s walking route lie along this arterial road. Community members are suspicious the developer will just flip the property to make some quick money.

Consultation

The developer presents his proposal at a public meeting. Community members express their concerns and inform the developer that they will oppose this development. “This is a discretionary use in a CB2 zone, let alone within a residential area,” they remind him.

The developer reconsiders and, at the next meeting, suggests he is now considering Direct Control (DC-2) zoning. Rezoning the site as DC-2 recognizes community members’ concerns and gives site-specific control over the development (this is a unique aspect of DC zoning). Planning and Development attends the community meeting to provide information.

The developer conducts a traffic study that addresses the anticipated small increase in vehicular traffic. The developer agrees to use CPTED principles (see p. 96) in design to reduce potential for criminal activity near the development. Safety lighting to ensure full light at night and fencing to keep children safe are proposed.

Conclusion

The community agrees to the animal hospital under DC-2 zoning, with specific building and landscaping limitations. The application is brought to Council, which approves the rezoning.