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Letter: City does consultation by “ambush” on new zoning bylaw

Dear editor,
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“A team of professional planners and consultants took approximately eight months to draft the 170-page bylaw,” reader Mike Vaydik writes. “Is it fair that citizens whose homes may be materially affected have had only 39 days to review and comment on the highly technical document?” NNSL file photo

Dear editor,

I am writing to advise the citizens of the residential neighbourhoods surrounding Yellowknife’s downtown core of the effect of the City’s proposed new zoning bylaw on their neighbourhoods. This area consists of: Trails’ End, School Draw, Con Road, Rycon, 54, 55, 56 Streets, 51A and 50A Avenues, Matonabee and Gitzel Streets, Taylor Road, etc. It is referred to as Residential Central on the new zoning map.

Mike Vaydik. Photo courtesy of Mike Vaydik

The proposed bylaw will allow the following uses next door or across the street from your house WITHOUT CONSULTATION with you or your neighbours: artisan studio, commercial entertainment, commercial recreation, commercial retail sales and service, community resource centre, convenience store, day care, food and beverage services, hotel, motel, religious and education institutions, medical and health services, motel, office, personal services, planned development, scientific research and development facility/laboratory, short term rental accommodation, temporary urban agriculture, community urban agriculture, commercial. That’s some of the non-residential uses that will be unconditionally permitted in your neighbourhood without residents having any recourse to officially comment on or affect the development in any way. Beware of anyone who says you can appeal. Your appeal will automatically be denied if it is for a development that is permitted in your neighbourhood. Your appeal will basically be limited to issues like setback, side yard concerns, etc.

In addition, there will be many residential uses that will be newly permitted. They are characterized by multi-family units of varying size up to apartment buildings 45 metres (148 feet) or about 12 storeys in height. The changes to the bylaw mean you will have no ability to comment, offer suggestions or negotiate amenities with developers of these properties. If I want to turn my property into a 24-hour pizza place or mini golf course I will be able to do it without consulting my neighbours.

Discretionary uses proposed for this zone are: automobile service station, institutional special care facility, similar use, storage facility. For these, there would be a consultation requirement.

The final deadline for public comments on the bylaw is Oct. 1, this Friday. I participated in two virtual “Open House” sessions with city planners last week. They were not well attended. I stated my concern that the entire public portion of the community plan and zoning had been carried out while we were under a public health emergency with varying levels of restrictions on our ability to meet with our neighbours to discuss the plan or proposed bylaw. I indicated that many residents, in the midst of a pandemic, are currently more concerned by whether their kids can go to school, where they can find childcare or whether they will have a job next week. On one evening I specifically asked for an extension of the comment/input period.

At one of the sessions, several residents of other zones expressed concern about zoning changes that affected their properties and were offered meetings with the planning staff. When I asked if the 38 (It’s actually 42) properties on my street that will be similarly affected by zoning changes could get meetings, I was cut off.

A team of professional planners and consultants took approximately eight months to draft the 170-page bylaw. Is it fair that citizens whose homes may be materially affected have had only 39 days to review and comment on the highly technical document? We were told to expect the draft in March but received it in late August, 5 months late. However, the deadline for comments hasn’t changed. The Mayor told me when I met with her in February it has to be Oct. 1 because of a deadline imposed by the GNWT department of municipal and community affairs. I indicated that I believed the minister of MACA would be open to an extension considering the ravages of COVID lockdowns on schedules and life in general.

This is a complex document. There are many changes to definitions under the bylaw. Some of these are critical to understanding what is permitted and what is not. To a person who is not used to reading this kind of document (I’m one) it takes careful study and some time to absorb the meaning of the provisions.

The most intensive public health restrictions we have ever had in Yellowknife are, I believe, in place right now with the deadline days away. City Hall is closed as I write this. I believe there is an element of administrative procedural fairness lacking when we consider that the city is proposing major changes to our neighbourhoods, our quality of life and the value of our homes.

Residents of what will be the Residential Central zone have been called NIMBYs by the mayor and council and have been refused meetings with the planners. We have met with the mayor and some city councillors individually to express our concerns but heard none of those concerns raised when the draft bylaw was presented to council. Nor were they reflected in the presentation by planning staff or in the draft bylaw.

If you live in the RC zone, or even if you don’t, and you have concerns or need more information about how changes to the zoning bylaw might affect you, I urge you to contact the director of the Planning and Development Division before Friday. Even if it’s only to say you need more time.

Email: cwhite@yellowknife.ca

Phone: 867 920 5629

You can also contact city council by email at: council@yellowknife.ca

But, be careful what you ask for. I requested a map showing the bylaw zones. I got a one page map that cost me $50 plus GST. That’s a “small fee” to our planners.

Mike Vaydik

Yellowknife