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City Council Highlights
Posted Date: 12/4/2017 10:45 PM

Land Use Bylaw Amendment C-1260-84 – Housekeeping Amendments

Council passed Land Use Bylaw Amendment C-1260-84 to allow housekeeping changes to the Bylaw.

Administration has been monitoring the regulations and provisions of the Land Use Bylaw (LUB) since its adoption in 2013to ensure its content remains relevant and easy to interpret.

Through processing various development applications, it became evident that certain provisions in LUB are inconsistent and require attention. To address this, the Planning and Development department initiated a round of housekeeping amendments.

The amendments to the LUB are being initiated to correct contradictions, correct inconsistencies, and clarify language that may be subjective for the Development Authority to interpret. None of the proposed amendments will increase restrictions, affect individual property owners or businesses, or alter the intent of the specific provisions.

Cairn on the Boulevard – Development Permit Referral

Council voted to refer discussion on a development permit for the Cairn on the Boulevard project to a Council Committee of the Whole meeting in early 2018 to get further direction from Administration on several issues.

Deliberations will focus on the possibility of extending the required parking lot paving for five years, the actual need for paving, justification for the number of parking stalls prescribed by Administration, on-street parking, the possible removal of financial sanctions, and requested time for landscaping to be completed.

The Cairn on the Boulevard is located on 102 Street. It features affordable housing units and commercial space, including pharmacy facilities and counselling agencies.

Administration had recommended Council amend conditions Six, Eight and Ten of Development Permit PL160252 to require completion of hard-surfacing, curbing and line painting for the parking lot at 10127-10131, 105 Avenue, and landscaping works by no later than July 31, 2018.

Administration had recommended Council direct a $250.00 fine be levied on the applicant for non-compliance with conditions of the Development Permit, to be paid by no later than Dec. 31 and that the applicant's request to remove four parking stalls from the approved site plan be denied.

Administration had recommended that Council provide direction to issue a Stop Order, including a second offence fine of $1,000 and that the Commercial uses approved under Development Permit PL160252 (Health Facilities-Minor and Retail Store, Convenience) be ceased if the required hard-surfacing, curbing and line painting of the parking lot and landscaping works are not complete by July 31, 2018.

Background

When Council approved the Development Permit on May 30, 2016, the associated conditions were discussed including timelines for completion of hard-surfacing and landscaping improvements.

The applicant stated he was unable to complete the required improvements in 2016 due to financial constraints. As a result, Council granted an extension until Sept. 30 for the hard-surfacing of the parking lot and Oct. 31 for the landscaping improvements.

The applicant has advised Administration that he's unable to complete the required hard-surfacing and landscaping improvements. Since he's unsure when his financial situation will change, the applicant is requesting an extension for completing the required works until September 30, 2022.

Since the applicant has not complied with the original – and extended – conditions of the original Development Permit, Administration requested Council impose a $250 fine for the Applicant's non-compliance of those conditions.

Administration considers that granting an extension for the completion of these works until 2022 to be excessive and is concerned about the perception among the development community that would be created if the requested extension is granted. Therefore, Administration recommends granting an extension for the completion of the required hard-surfacing and landscaping works until July 31, 2018.

The applicant is requesting a reduction of four parking stalls from 69 stalls to 65 stalls. Administration feels lowering the number of on-site parking stalls would impact this site's ability to accommodate the current parking needs as well as the future parking requirements on the site once all of the commercial/institutional units are occupied.