OLDS — Town of Olds council has defeated a proposed bylaw amendment to allow a mix of commercial and residential development on a property at 4609 52nd Street.
That spurred a call by council for administrative staff to provide options to council on possible changes to the East Olds Area Redevelopment Plan (EOARP), as councillors agreed the current plan now seems to be out of date with residents’ desires for the area.
The property in question is located just west of 46th Avenue (Highway 2A) between 52nd St. and 54th St. The proposal would have seen the property rezoned from R2 (general residential) to CHA (highway commercial A).
Debate on the proposal, including concerns voiced by residents during a public hearing and discussion by councillors, lasted just under an hour during council’s Oct. 15 meeting.
Seven people spoke against the proposed zoning change, including former town councillor Mary Jane Harper and Mary Wilson, wife of Coun. Darren Wilson.
The Wilsons don’t live in that neighbourhood, but council was told they have property there. Coun. Wilson recused himself from the matter.
Owners of the Best Western Hotel also spoke against the idea.
In addition, municipal planner Kyle Sloan read into the record two letters, both of which opposed the proposed zoning change. One of the letters contained 26 signatures.
Town of Mayor Judy Dahl gave an opportunity for anyone to speak in favour of the plan, but no one did.
In general, those opposed to the zoning change said it could clear the way for development that would increase traffic, endanger pedestrians and drive down property values.
Sloan told council that under the EOARP an overlay of land along highway 2A “encourages a mix of commercial and residential uses” in the area.
The idea, he said, is to “take advantage of the proximity to the college and related educational and recreational facilities to create a vibrant strip suitable for coffee shops, bookstores and restaurants, commercial developments that serve not only the local residents, but the thriving student population as well.”
Harper said she was “strongly opposed to the bylaw” as in her opinion, it would affect all the homes on 52nd Street and 47th Avenue.
Several speakers said the change could lead to an increase in traffic along 52nd Street, which they said already sees extra traffic.
They said that’s because many drivers use it rather than 54th Street as it can get pretty congested, due to traffic going to and from the Olds Auction Mart, Olds College, Olds Aquatic Centre and École Olds High School.
They also said there’s lots of pedestrian traffic in the area from the college and high school.
“We would have no input as to what kind of business could occupy this property, many of which would be undesirable to our community,” said resident Sheryle Mueller.
Area resident Maggie Barber said she moved from Calgary to her home in Olds for a quieter, less crowded life and she feared this zoning change could hurt her property values, as she lives right across the alley from the property in question.
Mary Wilson urged council to “pause” the application in order to have a more complete discussion and review of EOARP.
“Much has changed since this plan was developed in 2014 most notably challenges for affordable housing college population growth, included increase in international students, higher density housing, and also the stresses on town infrastructure,” she said.
An owner of the Best Western feared that the development could lead to more pollution in town and result in more accidents in the area.
Another resident said he and his wife “really want the integrity of our large lots, older style homes to remain as is. We enjoyed them for many years, and we would like that to continue.”
“I'm struggling with supporting this, and I need some justification somewhere as to how or why we should support this change and I find it very unfortunate that the person who's made this application isn't here to speak on this today,” Coun. Wanda Blatz said.
Blatz noted that the EOARP was adopted 10 years ago and said since then, times appear to have changed, so it may be time to revisit the plan. Several other councillors echoed that thought.
Councillors James Cummings, Heather Ryan and Mayor Dahl all said they were torn in regard to the application.
Given the overlay, Ryan questioned why the area wasn’t simply designated highway commercial in the first place.
Cummings said on the one hand, back when the plan was adopted there was lots of consultation so residents were OK with the overlay concept.
He also sympathized with potential developers who may buy a piece of property with an eye toward development.
“That puts a big disadvantage to people who want to develop according to the plans that you create, so I have a concern there with that,” he said.
“But I also hear all the people in that neighbourhood saying 'we don't like the plan anymore,' so maybe the plan needs to change.”
Cummings expressed concern about the legal ramifications that could stem from not approving the rezoning application. He asked if the property owner could appeal council’s decision.
The town's chief administrative officer, Brent Williams, said no, they can’t; it’s a decision council can make.
Cummings asked if the decision could be appealed in in civil court, as council would be "going against our own plan."
“People can take anything to court that they wish to take to court, (I) suppose on our liability,” Williams said.
He said in his opinion only, that might be a difficult case to win, but “in Canada, you’re allowed to issue a civil suit on just about anything.”
Coun. Harvey Walsh said when hammered out 10 years ago, the plan for the area was a good one and probably still is, although he also said "spot zoning” generally only benefits the person applying for the change.
He too would have liked the applicant to have presented during the meeting.
Ryan noted one resident expressed concern about the possibility of something like a gas station being developed. She asked Sloan if that could be prevented.
He couldn’t say for sure on the spot, but suggested the property might not be large enough for that kind of development.
He also said the property wouldn’t be suitable for a drive-through, for example.
In the end, Cummings advanced the motion to ask administrative staff to revisit the plan.
“It's a challenge to come up with a cohesive plan that makes everybody happy, no matter what,” he said.
Mayor Dahl said, “I just want to thank everyone that was here today for your comments. This is going to take a lot of work. We'll still be working with this in the future."
