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ELBOW PARK DEVELOPMENT



RESTRICTIVE COVENANTS IN ELBOW PARK

When Elbow Park was developed, developers put restrictive covenants (RC) on some Elbow Park titles to ensure a consistent building scheme and to protect the character of Elbow Park. However, the majority of properties do not currently have one.  Many neighbourhoods in addition to Elbow Park, have similar restrictive covenants, including Mount Royal, Britannia, Bel-Aire, Mayfair, University Heights, Briar Hill, Parkdale, Rutland Park and Richmond Knob Hill, to name but a few.


What is a restrictive covenant?

A restrictive covenant is an agreement between landowners in which one party "restricts" the use of its land for the benefit of the other participating landowners.  A restrictive covenant can only be enforced through the courts.

If you would like to register a restrictive covenant on your property, please email info@elbowpark.com. 

How do I find out if I have a restrictive covenant ?

If you want to find out if you have an restrictive covenant on your title, please contact info@elbowpark.com if you would like our help. (Note that you can also do so at a registry or online at: https://alta.registries.gov.ab.ca/spinii/logon.aspx.)

Why a restrictive covenant...the issue we are facing.

On April 22, 2024 The City of Calgary will be voting on a proposal to eliminate existing single-family zoning and blanket upzone all residential parcels in the city. The problem is that builders could maximize land use and build 8-unit multiplexes on every 50-foot lot in our neighbourhood.

How you can be part of the solution:

  1. Send a letter of opposition to all City Council members before noon on April 15, 2024
  2. Register to speak at the public hearing
  3. Register a restrictive covenant on your property title by April 30, 2024
Restrictive Covenants Information
  • A restrictive covenant is an agreement between landowners in which one party 'restricts' the property use, in our case, maintaining the look and feel of Elbow Park for the benefit of the community
  • Using Curtis Marble of Carbert Waite LLP, the cost is $500 per title and is inclusive of legal fees associated with the land title change plus a contribution toward a legal defence fund should it be necessary (see immediately below for additional info)
  • Once we have a enough restrictive covenants applications, we will submit them to Curtis Marble of Carbert Waite LLP to execute (the goal is to have 90% of Elbow Park residents participate)
  • If you already have a restrictive covenant on your property, note that it may not have an expiry date and updating will reduce the risk of legal challenge

WEST ELBOW LOCAL AREA PLAN (WELAP)

  • In September 2023 the West Elbow Local Area Plan (WELAP) process began. It is being led by a city planning team working with the 16 communities in this WELAP (Altadore, Bankview, Cliff Bungalow, Elbow Park, Erlton, Garrison Woods, Lower Mount Royal, Mission, North Glenmore Park, Richmond/Knob Hill, Rideau Park, Roxboro, Scarboro, South Calgary, Sunalta, Upper Mount Royal).
  • The objective of this planning effort is to develop a growth plan for the combined area of these 16 communities. It is similar to the past area redevelopment plans which the city developed with individual communities. The LAP is much larger in scope involving multiple (in our case 15 other) communities which makes this effort very complex. The result is intended to build on the strengths of individual communities and enhance the interconnectivity and amenities of this 16-community area. It will provide guidance and direction on future development, investment, and community improvement decisions.
  • The WELAP initiative is driven by the city’s need to prepare for and manage its expected growth over the next 30-years. The goal is to have 50% of new growth placed in the city’s developed areas. Historically, most growth has been in greenfield communities at the edge of the city. The WELAP will recommend where and how additional density should be placed across communities.
  • One feature of the WELAP process includes the development of heritage guidelines for historic communities like Elbow Park. The intent is to enhance the heritage characteristics of these communities which could result in restrictions on new development.
  • It is important for residents to become informed about the WELAP process and provide input at the city and community engagement sessions. Residents are encouraged to learn more about the WELAP. Your ideas, suggestions, input and direction are important.
  • The City of Calgary has significantly restructured the planning process for new residential development using a tool called the ‘Local Area Plan’ (LAP) in order to guide growth and new development. Elbow Park is part of the ‘West Elbow Local Area Plan’ (WELAP) along with 15 other communities.
  • Current State: ‘Single Family Dwellings’ in Elbow Park. Currently, almost all properties in Elbow Park are designated as ‘R-C1’ (residential one-family dwellings). To build a townhouse or multiplex in Elbow Park requires an application for land use re-designation. These applications require community feedback and they go to City Council for final approval.
  • Once the West Elbow LAP is completed and approved by City council, City planners will refer to the LAP policies when assessing applications for new development permits and land use re-designations. These policies are contained within The Guide for Local Area Planning. They also provide the foundation for a new bylaw for ‘Local Neighbourhood Housing’, expected to be proposed and to be made statutory by 2025.
  • Once the WELAP has been approved, it is likely that a much broader range of residential buildings, including single-family homes, duplexes, townhouses, and rowhouses will be permitted without an opportunity for public feedback or a requirement for approval from city council.
  • In September 2023 City Council approved the recommendations put forth by the Housing & Affordability Task Force including a recommendation to make R-CG the base zoning for all of Calgary. For this to become final, a new residential bylaw would need to be approved (possibly Q2 2024) combining the zones of R-C1, R-1, R-C2, R-2, and R-CG all into one ‘local neighbourhood housing district’ (R-CG). Even if the new land use bylaws are not immediately implemented re-designating land use, having the West Elbow LAP made a statutory document will make it easier to rezone the land use designation to one of a higher density.
  • For additional information: calgary.ca/WestElbowPlan.


EPRA DEVELOPMENT COMMITTEE INFORMATION

Roles of the Development Committee

  • Review Development Permit Applications and provide feedback to the City. 
  • Analyze and map our community to identify what is important to our residents, how we can preserve our character and identity. 
  • Engage residents with workshops and information sessions. 
  • Work with City Planners to create a Local Area Plan 

Resources

Planning Process

The Development Committee has an obligation to provide oversight in a fair, responsive, transparent and consistent manner. We strive to develop  strategies to evaluate applications for Development Permits under the policies set by the City of Calgary (through its long-term development plans, Land Use Bylaw and permitting process) and taking into consideration our community needs. We do not set policy on community issues like densification, secondary suites, safety or lot size but can help frame community guidance outlined in the EPRA Charter. 

Development Permit Applications that are fully compliant with the contextual rules under the existing Bylaw are not circulated to the communities for review. You can however provide comments online by going to: developmentmap.calgary.ca and search for the address in question. The City has started to add drawings to this website as well, which can be downloaded for viewing. This was intended to provide for the efficient permitting of projects without roadblocks while still maintaining stable communities, although it sometimes has the unintended consequence of not filtering design issues that the EPRA would like to comment on.

Development Permit Applications that are discretionary are still circulated to the communities. The EPRA Development Committee receives these plans and will call a review meeting. Notices are delivered in neighbour’s mailboxes to notify them of the time and date of the review meeting.

Concerns and comments are discussed and the Development Committee will then send a response letter to the City File Manager.

On This Page:


Additional Development Committee Links

“Districts” for Local Area Plan - the Administration is proposing 42 districts for the LAPs
LUB = Land Use Bylaw 
New Bylaw for ‘Low Density Residential’ 

Acronyms: 

MGA = Municipal Government Act
CTP = Calgary Transportation Plan
ARP = Area Redevelopment Plan (earlier type of area plan, as compared to the local area plans, see below)
LAP = Local Area Plan  (Multi-Community Area Plans created using the policies from The Guidebook for Great Communities) 

 
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