Stratford, P.E.I. council ordered to rezone land after IRAC appeal
STRATFORD, P.E.I. — The City of Stratford has been ordered to rezone a big piece of land off Stratford Street following an attraction with the Island Regulatory & Appeals Fee.
In a March 29 appeal decision, IRAC ordered the city to rezone three parcels of land from low density residential zones to deliberate residential improvement zones after it discovered the city didn’t comply with correct process when voting in opposition to a rezoning request.
The choice stems from a decision that was put earlier than Stratford city council by the city’s planning division on July 14, 2021, which requested that land extending between Reddin Heights, Stratford Street and Campbell Drive be rezoned to permit for townhouses and residences to be constructed amongst a neighbourhood of single-family houses.
The rezoning request got here from Landfest Firm Ltd., which had already been declined for the same utility for a similar property earlier that yr.
The proposed improvement would see a complete of 84 blended residential items in-built greenspace behind Our Girl of the Assumption Catholic Church, with a brand new cul-de-sac entrance being constructed off Stratford Street.
After a prolonged dialogue and consideration of public enter concerning the proposed rezoning and improvement, council voted in opposition to the decision 3-2, with one member abstaining from the vote.
In its choice, IRAC mentioned the city had not adopted correct process by permitting a resident to provide a presentation concerning the utility after the general public enter deadline with out extending the identical alternative to the applicant.
The City of Stratford had initially set a deadline of June 30, 2021, for public enter, of which it obtained 40 written feedback.
Nevertheless, firstly of the July 14 assembly, council opened the ground to displays, because it does at most common council conferences, the place a resident offered a PowerPoint on the proposed improvement.
The choice mentioned the presentation didn’t comply with below part 16.1(b) of the Basic Procedural Bylaw, because the city’s authorized protection had claimed it did.
“The presentation was of a distinct character and was aimed immediately on the utility for rezoning made by the appellant,” mentioned the choice. “Permitting the presentation to be made was a procedural error on the a part of the municipal council.”
The choice additionally took situation with the presentation thought-about by council members of their vote as famous by way of a number of references to it within the minutes of the assembly, regardless of the presentation being given after the general public enter interval had ended.
IRAC additionally mentioned council had based mostly its choice on ‘irrelevant concerns’ relatively than sound planning ideas. In a single instance, the choice pointed to feedback made by deputy mayor Gary Clow, who mentioned the purposes to rezone the identical land had been ‘voted down seven or eight instances.’
The choice famous that the assertion was incorrect, and mentioned it ignored the fundamental precept that every utility have to be decided by itself deserves.
Attributable to these errors, IRAC allowed the attraction and ordered the land parcels be rezoned, permitting for the event of a mixture of townhouses, residences and single-family houses.
No remark was supplied by reporting time when SaltWire Community contacted the City of Stratford concerning the choice. Nevertheless, in an April 29 press launch, city officers mentioned they might not battle the choice.
“After cautious examination of the choice … the choice of city council is that it’s in one of the best pursuits of the city to just accept IRAC’s choice,” mentioned Stratford Mayor Steve Ogden within the launch. “Whereas we might not agree with all of the factors offered, we don’t consider that we might have grounds to reverse the choice made by IRAC.”
Cody McEachern is a reporter with the SaltWire Community in Prince Edward Island. @CodyInHiFi
