What will the proposed 16 story condo look like?

Here are two sketches by Karl Fischer of the type of building that council would approve. Other similar high quality buildings with no more than 40% land coverage would also be considered.

Click on image below for a larger view.

 

Click on image below for a larger view.
 

Why not an 8 or 12 story building?

These would have almost the same impact on the immediate neighbours but the revenue to the town would be much less. 16 stories is the same as the buildings to the south and would fit in to the immediate environment.

Why not use 50% of the land on the site and have a bigger 16 story building?

This scenario is not in the Libcorp report but we asked for the numbers. If we allowed this, we would gain an extra $2.1 million up front and an extra $300,000 annually. These are significant numbers but council feels that we want a quality, prestigious building and that means we need more green space and distinct architecture. We do not want just another high rise building like those already on MacDonald.

Why are you changing the Urban Plan instead of just changing the zoning?

The project has a significant impact on the whole town and, as such, the entire town should have a say. If we just did a regular zoning change, only the 10% of residents who live on Dufferin and MacDonald would have a say.

Opponents of the project will say that only those living near the new project should have a say but the law does not work that way. Everyone in the RB1 zone (all of Dufferin and all of MacDonald) would have a vote but very few actually live close enough to even see the new building. Opening a register and having a referendum for the whole town if enough people sign the register is the fairest approach.

Why hold a binding referendum if none is required?

We were elected to make decisions after careful study and analysis. That is what we do, but, in this case, we are proposing a fundamental change in the building stock so we feel it is appropriate to seek ratification by the residents. We have no intention of allowing a commercial or professional building in the town, but, if a future council ever considers something like that, we hope that they, too, will follow our lead and also hold a binding referendum if enough residents sign a register.

How does this work?

Once the Council decided to hold a referendum, jurisprudence dictates that we must follow all law as established by the Act respecting Elections and Referendums in Municipalities (Loi sur les Élections et les Référendums dans les Municipalités - LERM). Below is Maître Marc-André LeChasseur’s legal opinion on the matter:

“…there is no doubt that if the Town chooses to hold a Consultative Referendum, which is always a discretionary decision, it shall follow the procedure provided in the LERM. It should be noted that the law provides for a specific procedure dealing with this particular type of consultation. The jurisprudence states that when a municipality decides to perform a certain type of action, it shall follow the procedure applicable thereof, albeit the action is not mandatory. The Consultative Referendum is not a mandatory procedure. But in deciding to hold one, the Town places itself in a position where it must follow the procedure provided in the law. The foregoing applies to any type of action implemented, if the law provides for a procedure to be followed.”

The LERM states that we must have a REGISTER in order to measure opposition to the project. If the threshold (approximately 10%) is not met, logic dictates that the majority of the voters favour the project and the Town should not incur the expense of a referendum. The register is simply a litmus test to see if it is necessary to go further.

You do NOT have to sign the register in order to maintain your right to vote on the project. If a referendum is triggered, then all eligible electors automatically have the right to vote.

Why is the register only one day?

We must follow the law. The relevant points may be found in the following legal opinion provided by the Poupart & LeChasseur lawyers’ firm. To download the letter in PDF form, click here.

Will this set a precedent for the town to allow other high rises?

No. The zoning changes will apply to only this site. This site is unique in that there are no homes behind it. Instead, there is a park. There are no other sites like this in the town. In addition, council has made a commitment to not allow any other high rises like this anywhere in the town. This is a one time, unique opportunity. We cannot afford to waste it.

What does Council envision for the Queen Mary Town Hall Site?

• Council has not decided whether to renovate the existing town hall or to move it to Hampstead Park as part of a new integrated civic centre. Council needs more detailed information on exactly what must be renovated and the cost. We will also be seeking resident views in a variety of ways, including a professional survey.
• Should the town hall be moved, council will not rezone the land. We will only consider putting single family homes on the site.
  

What does Council envision for the Hampstead Park Site?

• Council is studying various scenarios including a major renovation of the recreation building to add new functionality for the community. This may or may not include a town hall. Detailed plans must be prepared and new cost estimates for these options will be needed. This is very unlikely to happen if the MacDonald site is not developed as a 16 story condo. There will be no money. Resident input will be sought.
• If the 16 story condo development is approved, council will seriously consider and seek resident input on the following potential projects: a hockey arena, a refrigerated ice surface with a roof, modest improvements to the tennis courts, pool enhancements and more.
  

To read the complete Libcorp report, please click here.