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SOMBA K'E/YELLOWKNIFE
To what extent can zoning regulations be manipulated to reinvigorate the downtown core?

This question was the focus of much discussion Monday as city council moved amendments to the zoning bylaw. Most contentious was an added requirement for commercial space or space intended for public use to be put on the ground floor of all downtown buildings. The amendments are subject to a public hearing and third reading, sometime before the October election.

Stemming from public discussions from the Smart Growth Plan and General Plan, the city has been trying in recent years to generate more activity in the downtown core, especially as commercial activity has grown on Old Airport Road and new large office buildings such as the Greenstone and Gallery Building have emerged.

Concerns among some members of council have been that without ground floor requirements, it leads to "dead space" in the downtown.

Most contentious of the five proposed amendments calls for buildings greater than 800 square metres and/or higher than four storeys have a ground floor amenity or commercial space. This would apply most strictly on Franklin Avenue. Side streets would have more flexible requirements for public amenities.

Coun. Paul Falvo has been at the forefront of the "dead space" debate and has said such requirements would help all buildings contribute to the overall experience of downtown.

"We should not discount the role of environmental design and its effect on our downtown," he said. "We do make it difficult for developers sometimes and that obviously should never be the goal. We should make it as easy as possible for developers. At the same time, we want the downtown to be a place where people want to go, too."

Other councillors say the lack of active space is further compounded after business hours when workers leave for home on the outskirts of town and buildings aren't used.

Coun. Bob Brooks, who chairs the Smart Growth Implementation Committee, said he supports the amendment.

"What we are trying to do in this particular bylaw and with the amendments is revitalize the downtown core and get more activities and more reasons to stay after 5 p.m," he said Monday.

"What we have been trying to stay away from is buildings that go to the lot line and then have nothing for the public." Ideally, Brooks said the city should avoid developments with no retail or public venue which become vacant after 5 p.m.

Coun. Mark Heyck, who is against the idea, proposed to remove the ground floor space requirements from the bylaw. The divide among councillors became apparent when Heyck was supported by councillors Shelagh Montgomery and David Wind

"In principle, I very much like the idea of retail and commercial space in an office building," said Heyck. "But, ultimately, it will be the market that drives whether or not commercial and retail space is viable in the ground floor of an office building."

A fear also lingers that if there is added regulation in downtown buildings, it will only drive developers away.

"I feel if we put these additional requirements on developers, we will be discouraging development in our downtown core where we very much need that development," said Wind, who also called for council to find "incentives" to invest in downtown instead.

Heyck's argument is reflective of some opinions in the commercial real estate community.

Kelly Hayden, vice-president of commercial property with NPR Limited Partnership, is against council's position because he sees it as a move by the city to control development. He said the municipality shouldn't interfere with market demand.

"It is hard when you get a level of government dictating how you should sell your product and the markets determine what should happen in those spaces," said Hayden. "Today there is a huge amount of ground floor amenity space available in the downtown core. Centre Square Mall is empty."

Mayor Gord Van Tighem said passing the bylaw changes may not have an immediate impact.

"Right now there seems to be significant commercial space available, but in the future that may fill in and people might be looking for things," he said. "So everything is a reflection of the time it is happening."

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