CITY OF MEADOW LAKE SPECIAL COUNCIL MEETING JULY 7, :15 PM A G E N D A APPROVE THE AGENDA AS A GUIDELINE FOR THE MEETING

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1 CITY OF MEADOW LAKE SPECIAL COUNCIL MEETING JULY 7, :15 PM Page A G E N D A CALL TO ORDER APPROVE THE AGENDA AS A GUIDELINE FOR THE MEETING BUSINESS Reconsideration of Conditions on Approval of Discretionary Use Application for 920 3rd Street East Request for Decision - BED Discretionary Use and Subdivision Attachment to Report ADJOURN Page 1 of 17

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3 REQUEST FOR DECISION Report To: From: Subject: Meeting: Mayor and Council City Manager Reconsideration of Conditions on Approval of Discretionary Use Application for rd Street East Special Council Meeting Meeting Date: July 7, 2016 RECOMMENDATION: PART 1 - Discretionary Use Application That Resolutions No. 209/16 and 210/16 be rescinded. That the discretionary use application from BED Holdings Ltd to construct 9 semi-detached dwellings at Parcel D, Plan , also known as 920 3rd Street East, be approved subject to the following condition: completion of the proposed plan of subdivision for Parcel D, Plan " PART 2 - Subdivision Amendment That Council approve the proposed amendment to the plan of subdivision for Lots 1-18, Parcel D, Plan with the street name Eagle Pointe Drive on the Meridian Surveys plan being officially identified as Yaychuk Place and that the servicing agreement signed October 13, 2015 be amended to reflect the changes to the proposed plan of subdivision." KEY ISSUE(S)/CONCEPTS DEFINED: At the May 9th meeting, the developer submitted proposal to develop 11 semi-detached dwellings with the possibility for separate title to each unit. At that time, Council denied the discretionary application on the basis that the density of the development would be too high compared to the surrounding area. The developer has since submitted an amended design to address some of Council's concerns. The number of units has been reduced from 22 to 18, and space has been designated for a playground and off-street parking. At the June 27, 2016 meeting Council approved the discretionary use application under the condition that secondary suites not be permitted. This proposed development will meet the requirements of the zoning bylaw for frontage, lot size and setbacks. The Development Officer has noted that under the provisions of the zoning bylaw, this proposal meets the minimum frontage requirement for secondary suites (21m frontage rather than 15m). While Council is allowed to place conditions on a discretionary use, those conditions Page 3 of 17

4 cannot contravene the bylaw. Currently, secondary suites are a permitted use in the R2 zone, and so we cannot make them a non-permitted use via resolution. The recommendation was a mistake on my part, and I apologize unreservedly for it. If Council chooses to approve the discretionary use, then there would be no reason to deny the amendment to the plan of subdivision. RELEVANT POLICY: Zoning Bylaw 2/2014, The Planning & Development Act, 2007 The following sections of the Zoning Bylaw outline the items Council must consider when reviewing a discretionary use application: Discretionary Use Criteria Generally The following objectives must be considered in the review of discretionary use applications: a) the proposal must be in conformance with all relevant sections of the Official Community Plan and Zoning Bylaw, as well as any established concept plans or comprehensive development reviews; b) there must be a demand for the proposed use in the general area, and a limited supply of land currently available in the general area capable of accommodating the proposed use. c) the proposal must be capable of being economically serviced by community infrastructure including roadways and sidewalks, water and sewer services, solid waste disposal, parks, schools, and other utilities and community facilities. d) the proposal must not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity or injurious to property, improvements or potential development in the vicinity Discretionary Use Criteria for the R2 Zone: The appropriateness of Discretionary Uses shall be determined based on the following criteria: a) Consistency with the character and scale of existing developments; b) Fit with the residential frontage typical of the community; c) Evident recognition of the historic form and character of the neighbourhood; and d) Evidence of significant community support for the proposed use. RESPONSE OPTIONS: The developer does have the option to appeal the condition of no secondary suites, and he would very likely win the appeal. This process can take up to 60 days and ends with us receiving a bill from the appeals board to cover the mileage and time for each member of the board that attends this meeting. This option is not recommended by administration. Because the discretionary use itself is not the item being considered at this special meeting, but rather the conditions on it, this does not need to go through the public hearing process. Food for thought: Secondary Suites the only way to have these be non-permitted for this development would be to amend the bylaw to make all secondary suites discretionary, or to further change the rules about secondary suites and semidetached/row housing. Illegal secondary suites are an issue that pretty much every community is dealing with, and the general consensus has been that in the Page 4 of 17

5 interest of having as many people as possible actually take out the permits and have inspections done on their suites, cities should not be placing extra burdens (such as making all suites discretionary) that would encourage people to install the suites illegally after the fact. Most municipalities are trying to actively encourage higher density rather than discourage it, as expansion is extremely costly. The provincial government has also been encouraging this by offering grants to homeowners for installing secondary suites in their properties. This is also a common theme within our Zoning and OCP Bylaws. Servicing Agreement Because the development has changed, we will need to sign a new or amended servicing agreement. The main conditions in the existing agreement were: 1. The developer will be responsible for installing services (water, sewer, roads, streetlights, etc) up to City standards; and 2. The developer will either need to find an engineer to sign off on the water/sewer services that he already has in the ground, or he will need to redo them. The following points will need to be addressed in the new agreement: 1. Responsibilities/expectations regarding the green space /parking area; 2. A requirement to change to the existing water/sewer services as whatever was initially installed would have been for single detached, not semi-detached dwellings; and 3. Setting very clear timelines for completion. Lift Station One of the concerns with this development was the 3 rd St East lift station and its capacity for additional full sewer. Our Engineer has commented that secondary suites would probably not have an overall noticeable impact above the 9 duplexes themselves and as stated in previous reports the City has already assumed risk by allowing full sewer connections to the lift station that was only designed to handle light sewer. The City can also require the developer to pay a fee related to any increased cost to the City for services. Ideally, this is done as part of a larger long term capital plan and these fees are collected from all new developments to try to offset some of the costs of future upgrades (such as lift stations). Administration is recommending that the City continue to investigate such development fees as part of an overall strategy and not single out this development. When the time comes for the 3 rd Street lift station to be upgraded Council can look at options such as local improvement fees for those residences serviced by this lift station. ALTERNATE RESOLUTIONS: PART 1 - Discretionary Use Application a. "That the discretionary use application from BED Holdings Ltd to construct 9 semidetached dwellings at Parcel D, Plan , also known as 920 3rd Street East, be approved subject to the following conditions: <list conditions>." IMPLICATIONS OF RECOMMENDATION OTHER COMMENTS: This recommendation means that the density of this development will be higher than what was indicated to be the comfortable level by Council; however, it is still well within the density provisions of our Zoning and OCP Bylaws. As parking was a major Page 5 of 17

6 area of concern, at a later date administration may bring forward a recommendation to prohibit parking on 3 rd Street East. This fact should be stressed to the developer (and provided in writing) to ensure that he passes it along to the future owners of homes in this development. On the City s part we will have to be diligent on enforcing this provision. Attachments: June 27, 2016 Report RESPECTFULLY SUBMITTED: Diana Burton City Manager July 6, 2016 Page 6 of 17

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