IRAC overturns rezoning approval for 18-unit apartment building in Charlottetown

A decision by Charlottetown city council to allow an 18-unit apartment building has been overturned by the Island Regulatory and Appeals Commission.

The IRAC order quashes city council's Sept. 2019 rezoning of a vacant lot at 38 Palmers Lane from low density to medium density. The order also addresses efforts to deal with the housing shortage in the city while respecting planning policy.

The housing crisis "is not an overriding principle" in rezoning decisions, according to the 11-page order, issued Oct. 7 by IRAC. 

Staff in the city's planning department had recommended the project not proceed, and some residents expressed opposition both in writing and at a public meeting in August of last year.

Jessie Frost-Wicks spearheaded the appeal on behalf of about 16 neighbours.

"This decision should make it clear to City Council that they are accountable to the people they have been elected to represent," wrote Frost-Wicks in a message to CBC News. "Most importantly for us, we know that the nature and character of our neighbourhood has been protected."

We know that the nature and character of our neighbourhood has been protected.- Jessie Frost-Wicks

The proposal, by Charlottetown-based Weymouth Properties Ltd., would have seen a three-storey apartment building located on what is currently a vacant lot. Homes to the west and across the street are mainly single-family homes with a few duplexes. Two apartment buildings and a car dealership are located to the east.

At the IRAC hearing, lawyers for the city and for the developer told the commission that the city's housing crisis was part of the reason for wanting to go ahead with the project.

IRAC heard that city council approved the rezoning, even though staff in the city's planning department had recommended against it, as had the city's planning committee. Planning staff had found that the proposal did not fit the city's official plan. Staff had suggested that a less dense town-house development would be more fitting.

City council approved the rezoning by a vote of 5-4, despite objections of residents and advice to the contrary from city planning staff.

Councillor Mitchell Tweel represents Ward 4 and had voted against the rezoning. He says he's "not surprised" by the IRAC decision.

"There's a tremendous amount of development that is taking place throughout this city," said Tweel. "So I think what you should try to do is look at where would be the appropriate place for apartment buildings."

Housing urgency dismissed by IRAC

In its written decision, IRAC  expressed concern at the argument advanced by the city that the housing crisis is "in and of itself, a sound planning principle."

"The city's decision does not meet its obligation of procedural fairness," IRAC ruled.

The city's decision does not meet its obligation of procedural fairness.- IRAC decision

"City council is not bound by recommendations of their planning department ...  Council is free to decide in the alternative but ... they should demonstrate sound planning reasons for doing so." 

Palmers Lane resident Tony Carroll is pleased with IRAC's decision.

"I'm glad it went through the way it did. It actually gives me faith in the procedure," said Carroll.

Weymouth Properties declined to comment Monday on the IRAC decision.

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