by Linda Mulligan, development liaison, Woodcreek
City Council voted to implement Citywide Rezoning on May 14, 2024. This decision has wide-reaching implications for Calgary neighbourhoods. In effect, the rezoning will permit greater density anywhere within residential neighbourhoods located within the City of Calgary. This means that areas which previously were predominately, or solely single-family housing will now allow for multifamily dwelling units to be erected, subject to the normal permit process.
To put this into context, a single-family lot 50 feet wide by 120 feet deep can conceivably allow for up to 12 units to be erected in place of the previous single-family house that occupied said lot. The 12 units figure is based on four units each with a secondary suite (four plus four equals eight) plus the potential for an additional four backyard suites on the same property (four plus four plus four equals 12). It is important to note that this zoning change does not mean that a single-family home can’t be erected in place of a previous SFH (single family home) on the same lot. The single-family home can still be built. However, when it comes to redevelopment, the trend thus far has been to replace a single family home either with infills or with multifamily housing in the form of town/row homes or condos, so lots that have the physical space to accommodate such density almost always end up with multiple dwelling units within the same building envelope that was previously occupied by a SFH.
Regardless of whether or not one supports rezoning, it is the new reality. So how to cope if an adjacent property comes up for redevelopment? First, keep in mind that anyone can comment on an application for redevelopment. If the posted plan will potentially impact your ability to enjoy your property – for instance, the planned height of the proposed development will result in a reduction to or complete elimination of privacy – you can list your concerns or objections via the development website. You will need the DP (development permit) number for the development in question, which should be listed on the public notification board erected on the site in question. Note that there is a time limit for public input. That time varies between one to two weeks. If you do not comment within the designated time period, you will miss your opportunity. The development website will tell you the stage the DP application is at and whether public comments are still open.
Note that while your concerns or objections will be part of the permit application process, it doesn’t mean that the permit won’t be granted. That doesn’t mean you shouldn’t bother to voice your concerns. Doing so may affect changes to the proposed development plan to mitigate the impact the development might have on adjacent properties. This could mean changes to window or balcony placement to preserve privacy to neighbouring properties, setbacks to mitigate shadowing, landscaping to replace vegetation removed by the redevelopment process, and more.
There are a number of reasons why redevelopment has been occurring. One of the drivers has been an aging population. Especially in established areas, the family home may no longer suit the current needs of the owners. The family has grown up and left home but the space remains, and rising costs mean maintaining said space may be more of a burden than a benefit. Downsizing is an option but may mean leaving an area that suits one’s lifestyle because suitable replacement housing options aren’t readily available.
Except there may be an opportunity to have one’s cake and eat it too. Let’s say one owns one of those large SFH on a generous (by today’s standards) lot. As it happens you have been approached by a developer who is interested in acquiring your property for redevelopment. You don’t wish to leave the neighbourhood but the price being offered is simply too good to pass up. The developer intends to erect multifamily or infill housing on your old lot. Why not explore the option of exchanging your property for occupancy/ownership of one of the new units? It will take time, negotiation, and wading through legal contracts but it can be done.
This is not the time to stint on good legal advice – ensure you have the best lawyer you can get to act as your counsel/negotiator. For many people their home is their most valuable asset, so it is vitally important to ensure you get the best deal possible. Who knows? You may not only get to remain in the area in a brand new, state of the art home, but you might even have funds left over. Keep in mind you will need to vacate your old premises while demolition is happening so don’t forget to factor in the cost of temporary accommodation. Ensure there are clauses in case the development doesn’t proceed to ensure you are not left in limbo both in regard to future housing as well as compensation for the sale of your former property. Developers can decide not to proceed with development due to market conditions; developers can also go bankrupt. Ensure there are financial safeguards in place to protect you in case the unexpected occurs. Whether those safeguards are in the form of a legal trust, insurance policy, letter of credit, or guarantee hardly matters. What does matter is that you are protected financially in a way that allows you to access those funds should the development not proceed.
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