SOMBA K'E/YELLOWKNIFE - City council passed first reading of a bylaw that could drastically change the future development of the city's downtown.

Rosie Friesen enjoys a coffee on Javaroma’s patio Friday morning. The city is considering changing its requirements for new developments on Franklin Avenue, so that a portion of the ground floor is used as retail space. An example of this is Javaroma in the Northwestel Tower. - Nicole Veerman/NNSL photo

It includes restrictions on what new buildings look like and what can be done with the ground floor, but not all councillors are in favour.

City councillor Amanda Mallon, who was joined by Coun. David Wind in opposition, said she was opposed to the bylaw, which passed first reading May 24, because she finds it too restrictive.

"Colours, windows, those kinds of things, don't need to be written specifically in a bylaw," she said. "It might be a small point, but I don't think we should be dictating that."

The bylaw, as written, requires new developments have a minimum of two complementary colours and, in addition, a minimum of two differing complementary materials. Reflective and darkly tinted windows are also prohibited because they limit interaction between pedestrians and storefronts.

If passed, the bylaw also requires large-scale developments on Franklin Avenue - with a minimum of four storeys and 800 square metres - have a portion of their ground floor devoted to retail space.

This extends the use of the building past regular business hours. An example of this would be Javaroma in the Northwestel Tower. Mallon said she doesn't see a need for more retail space.

"Right now there seems to be a lot of available commercial space in the downtown core, so I don't want to see developers being restricted by something that they wouldn't be able to fill."

The bylaw is the enactment of some recommendations in the Smart Growth Development Plan completed by the city last year.

Couns. Mark Heyck, Shelagh Montgomery, Cory Vanthuyne, Bob Brooks and Lydia Bardak voted in favour of the changes. Coun. Paul Falvo was absent.

Vanthuyne, who sits on the Smart Growth Implementation Committee, said this bylaw and the recommendations in the plan are a way for the city to ensure positive downtown growth.

"We just don't want to create what's called a concrete jungle, in my opinion, where someone walking down the street goes longer than a block without being able to access into a building for whatever reason; be it to buy something commercially through retail or whether it's a coffee shop or whether it's an amenity space," he said

Tim Doyle, executive director of the Chamber of Commerce and a member of the city's Smart Growth Implementation Committee, said he takes issue with the requirement for large developments to have a place the public can access.

He said although there's a benefit to foot traffic, these spaces just lead to higher costs for developers.

This is also true of the requirement for large developments to be pushed back six metres from the sidewalk along the front of the building, Doyle said, pointing out that the developer is paying for the land and paying taxes on the land, but they can't develop it.

"It's some of the most expensive property in the city. When you buy land in the downtown core ... you're paying more to be downtown than you are to be in the fringes of the town.

"I've been one of the people on that (committee) that's been more in favour of less regulations in terms of development because the fact is, the more regulations you have, the harder it is to be able to afford the implementation of developing anything downtown."

He said more restrictions will just force developers to move to Old Airport Road and Kam Lake Road where they will have more freedom to build the building they want. There will be a public hearing for residents and developers to speak for or against the bylaw on June 27.

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