Burnaby homeowners are up in arms about proposed changes to their properties’ land use, which could see their homes turned into park land, and now Mayor Mike Hurley has some explaining to do.
Hurley grilled planners at a council meeting Monday about the city’s draft Official Community Plan, which lays out long-term land uses in Burnaby to 2050.
“I have 108 very angry people who are yelling at me right now, so I want to be able to go and tell them straight goods about what’s happening,” he said.
The OCP, as drafted, prioritizes school and park expansion.
The homeowners are concerned it will re-designate their residential areas as park or institutional, devalue their properties, restrict owners from selling or even end in de facto expropriation.
“If the proposed land-use designation is adopted, we risk losing everything we have built,” wrote Brentwood resident Ying Hang Li, who lives on Union Street north of École Alpha Secondary, an area where residential parcels have been marked as park and institutional (for school).
Hurley posed the question to staff.
“I want to know, if we approve that, would that restrict those homeowners in any way from doing anything they want to do with their property?”
Ed Kozak, general manager of planning and development, told council the re-designation won't affect any property’s existing zoning: residentially zoned properties will remain residential unless the owners choose to rezone.
His answer highlights the difference between land use and zoning.
Burnaby’s OCP designates high-level land use, categories for how land in certain areas can be used like agriculture, commercial or residential. The land uses are used to plan potential future development if the property is sold or redeveloped by the owner.
But Burnaby’s zoning bylaw is more specific, regulating development including how tall a building on the lot can be, how far it can be set back from the road, and whether there are requirements for hazards or conservation.
“The properties that currently have residential zoning will retain residential zoning,” Kozak said.
“They don’t need to seek the council approval for any development on those properties. Those would be developed through building permit. That’s an outright permitted use under the zoning. That doesn’t change with the adoption of the OCP.”
Single- and two-family homes in Burnaby are now zoned as “R1 Small-Scale Multi-Unit Housing” multiplexes. Depending on where they are, owners can build up to a six-plex on the lot.
Hurley asked if prospective buyers of R1 lots would offer less money if the property is designated as park.
Kozak said the development potential doesn’t change from one ownership to the next.
“A future buyer would have the same potential as the current owners, which is that they can develop under small-scale multi-unit housing,” Kozak said.
“So I can go honestly to those homeowners, 108 of them, and say this does not affect your land value or what you can do to your property at all?” asked the mayor.
“I can say that it doesn’t restrict their development potential,” Kozak replied.
The mayor paused: “I would rather see it in more simple language, though. Yes or no? I’m not adding any of these other pieces.”
Kozak responded: “To the extent that there’s a consistent value associated with development, I would say no, it doesn’t affect future value.”
“But you added in, ‘to an extent,’” Hurley said.
Kozak said, “There are quirks to a market that can change the value of a property many different ways. One might argue being closer to a school and park adds value to it, as opposed to inhibits.”
“Not if your home becomes a park,” said the mayor.
Kozak re-stated homeowners would still be allowed to develop under the multiplex zoning.
Deputy general manager of parks Carmen Gonzalez added that, if a homeowner was interested in selling to the city, staff would work to determine fair market value, including the property's development potential under the existing zoning (the highest and best use as a multiplex) and not just the park designation.
But she noted the city would not be the only potential buyer.
“OK,” said the mayor. “‘Yes or no?’ No. That’s what I’m hearing. It doesn’t affect the value of their property.”
Burnaby is currently accepting public feedback on the draft OCP until Oct. 6, and there are two more open houses for residents to attend as well.
Staff will make revisions to the draft plan and return to council for a vote in 2025.
