May 23, 2017 CANKOVIC, MLADEN 513 55 AVE SW CALGARY, AB T2V 0E9, CANADA Dear Sir/Madam: RE: Detailed Team Review (DTR) Development Permit Number: DP2017-1633 Based on the plans received April 24, 2017, the Corporate Planning Applications Group (CPAG) has completed a detailed review of your application in order to determine compliance with the Land Use Bylaw and applicable City policies. Any variance from the Land Use Bylaw or City policies may require further discussion or revision prior to a decision being rendered. A written response to the Prior to Decision issues in this DTR is required from the Applicant by the end of the ninety (90) calendar day response due date. Following the expiration of the response due date, the application may be inactivated with a thirty (30) calendar day timeline for a reactivation by the Applicant. In the case of a non-responsive or incomplete application, the General Manager Planning, Development and Assessment may cancel the application as per Section 41.1 of Land Use Bylaw 1P2007. Applicants are requested to contact the respective team members to resolve outstanding issues. Amended plans should not be submitted to the Planner until we are able to provide comments from all circulation referees. CPAG endeavours to render decisions on applications within specific service standards. Please assist us in meeting these targets by ensuring your resubmission is made in a timely manner. Should you have any questions or concerns, please contact me at (403) 268-1989 or by email at stephanie.loria@calgary.ca. Sincerely, STEPHANIE LORIA Planner, Planning Implementation cc: CANKOVIC, ELVIRA CANKOVIC, MLADEN 513 55 AVE SW 513 55 AVE SW CALGARY, AB CALGARY, AB T2V 0E9 T2V 0E9 P.O. Box 2100, Postal Station M Calgary, Alberta, Canada, T2P 2M5, (403) 268-5311
Detailed Team Review 1 Development Permit Application Number: DP2017-1633 Application Description: Change of Use: Addiction Treatment Land Use District: Residential - Contextual One/Two Dwelling Use Type: Discretionary Site Address: 513 55 AV SW Community: WINDSOR PARK Applicant: CANKOVIC, MLADEN Date DTR Sent: May 29, 2017 Response Due Date: August 27, 2017 CPAG Team: Planning STEPHANIE LORIA (403) 268-1989 Stephanie.Loria@calgary.ca Development Engineering DAN DAVENPORT (403) 268-5083 Dan.Davenport@calgary.ca Transportation AL HOPKINS (403) 268-5340 Alan.Hopkins@calgary.ca Parks MITCH CAVE (403) 268-6430 Mitch.Cave@calgary.ca General Comments This application seeks approval for a Change of Use from a Single Detached Dwelling to the use of Addiction Treatment, located at 513 55 Avenue SW in the community of Windsor Park. The parcel is designated R-C2, which lists Addiction Treatment as a Discretionary use. In accordance with the 1P2007 Land Use Bylaw, Addiction Treatment is a use where one of more people with alcohol, drug or similar addiction issues live under the care or supervision of professional health or counselling care providers, with at least one staff person at the facility at all times. The application has been circulated through planning to the Windsor Park Community Association, the Ward Councillor, AHS, Building Regulations, Calgary Police Service Crime Prevention and Fire Services. Transportation is also assessing the proposed development regarding traffic and parking implications. The proposal is subject to the Municipal Development Plan, the Windsor Park Transition Area Policy Statement and the Planning Principles for the Location of Care Facilities and Shelters. Administration attended an open house at the Windsor Park Community Hall on Wednesday May 10, 2017. The application has been met with objection from the community. Page 1
Comments on Relevant City Policies Planning Principles for the Location of Care Facilities and Shelters A. Overall Policy A.1 Care facilities are an integral part of complete communities where being part of a residential community is important for the clients wellbeing and are critical to meeting the growing need for a diverse range of specialized accommodation and care in Calgary. A.2 The Planning Principles for the Location of Care Facilities and Shelters (2011) should be made available to the applicant, service providers, and the public, to encourage community engagement and development of best practices regarding applications for care facilities and shelters. The policy was provided to all people involved in the proposed development, including the community. A.3 Ongoing communication between the operator and the surrounding neighbours is important to the success of care facilities and shelters. Initiatives such as a Good Neighbour Agreement are encouraged to build relationships responsive to the needs of the neighbours and the service provider. The Good Neighbour Agreement has been encouraged and the applicant has agreed to undertake as a prior to release requirement. B. Planning Principles: Site Selection Criteria - General B.1 Care facilities and shelters should be of a size and scale that is consistent with and reflect the context of the surrounding neighborhood and be located in a variety of areas throughout The City including Activity Centres and Corridors as identified in the Municipal Development Plan. The proposed Addiction Treatment is located within a Single Detached Dwelling, and therefore is consistent with the surrounding neighbourhood. B.2 Care facilities and shelters proposed within Neighborhood Activity Centres should be sensitive to the local context, community need, and land use pattern of the area in regards to design, scale, form and setbacks. The proposed Addiction Treatment is located within a Single Detached Dwelling, and therefore is consistent with the surrounding neighbourhood. B.3 In larger buildings, mixed use development with other types of residential accommodation is encouraged to promote a continuum of care. The proposed Addiction Treatment is located within a Single Detached Dwelling, and therefore is consistent with the surrounding neighbourhood. B.4. Site design and orientation should be such where the building is accessible for all individuals, including people with all types of disabilities allowing safe and easily accessible path of travel between the building and public streets, pathways, sidewalks, parking areas, passenger loading and unloading zones and bus stops. Conformance with the current edition of the City of Calgary Access Design Standards is encouraged. Page 2
The use of Addiction Treatment is proposed to be located within an existing infill dwelling. Conformance with the CCADS will be encouraged as a prior to decision requirement. B.5 Care facilities or shelters may be considered for redesignation to a DC land use where residential uses are not normally permitted, provided the area is safe for residential use, the facility and shelter does not impact the normal uses of the area and the application meets the site selection and development criteria as outlined in this policy. Not applicable. R-C2 lists Addiction Treatment as a Discretionary Use. B.6 Temporary development permits for shelters should only be issued for a Change of Use application for existing buildings. Temporary development permits should not be issued for care facilities. If deemed to be an acceptable location for Addiction Treatment, The Development Authority will consider whether a temporary Development Permit would be beneficial to the site or not, noting that temporary permits should not be issues for care facilities. Site Selection Criteria Transportation B.7 Sites should be within walking distance to public transit options (preferably primary transit) and close to local neighbourhood commercial and other support uses such as community associations, recreational facilities and medical offices. The parcel is located 8 minutes walk from a bus stop on Macleod Trail, which is a Primary Transit Network. B.8 Sites should be evaluated and shown to meet the mobility requirements of staff, clients and visitors. Evaluation should include matching needs with transportation options afforded by the site: a. Nearby transit routes / stops should be within walking range of staff / clients / visitors (i.e. abilities vary among different populations) The parcel is located 8 minutes walk from a bus stop on Macleod Trail, which is a Primary Transit Network. b. Nearby transit routes should meet the needs of staff / clients / visitors in terms of destinations and travel times The parcel is located 8 minutes walk from a bus stop on Macleod Trail, which is a Primary Transit Network. c. The site should be accessible by Access Calgary, if this service is required by staff / clients / visitors The site is accessible by Access Calgary. d. Facilities shall be located in areas with contiguous sidewalks Fifty-five Avenue has contiguous sidewalks. Page 3
e. Type I and II bike parking should encourage cycling opportunities by staff / clients / visitors To be included as a prior to decision requirement. Site Selection Criteria Concentration B.9 Concentration of care facilities and shelters in an area should be avoided. Where a care facility or shelter is proposed within 300 metres of an existing care facility or shelter, any cumulative impacts of the facilities on the character of the surrounding neighborhood, community amenities and on public safety and policing services should be assessed when evaluating the application. Several facilities are located approximately 300m from site. Assessment to be undertaken by Planner as no working group exists. B.10 The Cumulative Impact Assessment working group, comprised of Administration and other members as necessary depending on the type of application, will complete an assessment for the proposed application and provide a copy to the Planner for consideration when evaluating the application. This working group no longer exists. Assessment of the proposed development will be undertaken by the Planner. B.11 The distance between care facilities or shelters should be measured as a direct line from the closest property line of the proposed parcel to the closest property line of any existing parcel(s). Complies. Site Selection Criteria Traffic and Safety B.12 A Crime Prevention through Environment Design (CPTED) assessment should be undertaken during the development permit stage for all care facilities and shelters. The file has been circulated to CPS who will undertake a CPTED assessment. B.13 Traffic generated by care facilities or shelters should be no more than is normal for the neighbourhood. A Traffic Impact Assessment may be done for facilities or shelters that may anticipate higher traffic volumes. Higher traffic volumes than is normally anticipated is not expected for this site. Site Development Criteria - Parking B.14 Parking should be provided as per Bylaw 1P2007, where the number of staff is included within the requirements. Presently, a relaxation is requested. More information about the use of the site is required at this time. B.15 Parking relaxations for care facilities and shelters within transit oriented development areas should be considered where access to the facility or shelter does not primarily rely on motor vehicles and where the site is within a 10 minute walking distance which is typically 600 metres from an LRT station and where no major access barriers exist. Page 4
The site is not within 10 minutes walking distance of an LRT station and is not within a TOD. Relaxation on parking is presently not supported. Site Development Criteria Low Density Areas B.16 In areas designated as Low Density Residential, the building should have the external appearance of a Single Detached Dwelling, a Semi-Detached Dwelling, Townhouse, Rowhouse or a Duplex Dwelling, be compatible with the character of the area and shall be of a size that is similar to nearby dwellings, including having ground oriented access, similar rooflines and windows overlooking the street. The proposed Addiction Treatment is located within a Single Detached Dwelling, and therefore is consistent with the surrounding neighbourhood. B.17 When allowing for B.15 the Development Authority has the ability to take into consideration the context of a community and street within the Developed Area to ensure setbacks, and lot coverage is consistent with the overall area. Not applicable. The site is not within 10 minutes walking distance of an LRT station and is not within a TOD. Relaxation on parking is presently not supported. B.18 In areas designated as Low Density Residential, Residential Care facilities should be of a scale compatible with the surrounding neighbourhood and may have a maximum of ten residents; additional residents maybe appropriate depending on the merits of the application including: suitability of the site, if the parcel is on a corner lot thereby providing more street frontage and access to facility, location relative to Activity Centres and Corridors, access to public transportation and amenities, location on a boulevard, collector or arterial street, conformity to this policy and where deemed appropriate by the development authority. The proposed Addiction Treatment is located within a Single Detached Dwelling, and therefore is consistent with the surrounding neighbourhood. B.19 For care facilities proposed in a building originally intended for a residential use, in areas designated as Low Density Residential, careful consideration should be made of potential impacts of building design on adjacent residential uses. Activities such as ingress or egress should not occur in the side setback area that may affect an adjoining residential use. The proposed Addiction Treatment is located within an existing Single Detached Dwelling, and therefore is consistent with the surrounding neighbourhood. B.20 For purpose built care facilities proposed in areas designated as Low Density Residential, the interior of the facility should be designed to orient activities such as ingress or egress away from side setback areas that may affect an adjoining residential use. The proposed Addiction Treatment is located within an existing Single Detached Dwelling, and therefore is consistent with the surrounding neighbourhood. F. Addiction Treatment For persons residing for up to a few weeks while going through withdrawal from addictions and whom may receive medical treatment The policies in this section are intended to apply to the Addiction Treatment use in addition to those Page 5
policies contained in Section A of this Policy: F.1 Sites for proposed Addiction Treatment should be located within reasonable walking distance of transit stops to ensure easy access to public transit options and to medical offices. The parcel is located 8 minutes walk from a bus stop on Macleod Trail, which is a Primary Transit Network. F.2 Addiction Treatment does not include addiction recovery uses which are provided for under Residential Care. F.3 As set out in Bylaw 1P2007, Addiction Treatment must have minimum of one or more residents, which is not relaxable, to a maximum of ten residents in low density. The proposal is for a maximum of 8 residents. Examples of Addiction Treatment facilities include: Detoxification centres Medical treatment on site Conditions/Provisions: Not long-term care and recovery, short term medical/social detoxification and treatment. To be added to conditions of approval, if approved. Page 6
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Prior to Decision Requirements The following issues must be addressed by the Applicant through a written submission and amended plans prior to a decision by the Approving Authority. Applicants are encouraged to contact the respective team members directly to discuss outstanding issues or alternatively request a meeting with the CPAG Team. Planning: 1. The City of Calgary coordinates the circulation of your application to AHS on your behalf. This review is provided to you prior to final AHS approval. It is important to consider that alterations to your project may be necessary to meet the requirements of AHS. Further, construction of your facility prior to plan approval by AHS could result in required alterations post-construction. 2. Provide information on the proposed use, noting that a meticulous record provides the City and the neighbourhood valuable insight about the impact of care facility. This information will allow administration to record complaints, follow-ups and resolutions achieved, as well as documenting encounters that demonstrate the positive role that a facility can play in its neighbourhood. Include the following: Introduction to the agency, its mandate and history Whether the agency is funded or private Outline of who the residence serves, how it operates, and what kind of impact to expect from outdoor smoking policy to client behaviour standards Discussion of staffing and street parking addresses how many people are present for onsite supervision and when Community participation in the form of events, media, emergency response, or educational programs A grievance or escalation plan to deal with conflict The plan will identify someone in particular to hear complaints as well as a timeline for response Contact information for higher authorities can also be provided in the unlikely case of failure to resolve The agency should consider keeping an incident log How are residents selected. What is the criteria for entry, and how is duration of stay assessed. Is furniture at the residence permanent, or do residents bring their own? What are the house rules? i.e. is there a curfew? Are there free hours where residents do and go where they please? 3. The community has raised several questions and concerns regarding the proposed development. Provide responses to the below concerns: a) There is already a lack of parking on 55 Avenue. Will residents have their own vehicles, and if so where are these proposed to be parked? If not, how will they get around? b) What is your policy for relapse/using in the program? c) Will there be daily testing? d) Privacy issues for adjoining houses e) There are already a number of care facilities in the community Page 8
f) Possibility that this type of use will bring drug dealers into the area g) People with addictions can be unpredictable and dangerous. How will the safety of the community and children in the park be ensured? 4. A community meeting should be held prior to resubmission. This can be coordinated with the President of the Community Association or/and the File Manager. 5. Provide confirmation from Alberta Health that the proposed development complies with provincial licensing regulations. Development Engineering: Transportation: 6. Provide an assessment summary to identify the following, related to the intended use for all occupants; Parks: - Number and type of staff - Duration and frequency of staff shifts - Occupant s access to vehicle or other mobility source, - Transit use and proximity to bus stops, - Programming for intended outings ie bus, taxi, private bus service, - Onsite and offsite parking and loading availability, parking restrictions, - Pedestrian connectivity or routes to amenity or other related areas/venues. - Barrier free access option These details are intended to ensure the use provides the required parking, loading service, pedestrian connectivity to facilitate programming as proposed. Prior to Release Requirements If this Development Permit is approved, the following requirements shall be met prior to the release of the permit. All requirements shall be resolved to the satisfaction of the Approving Authority: Planning: 7. Develop a Good Neighbour Agreement, in accordance with the Policy and Outline, available at: http://www.calgary.ca/pda/pd/documents/planning_policy_information/special-caregood-neighbour-agree-outline.pdf Page 9
Development Engineering: Transportation: Parks: Permanent Conditions If this Development Permit is approved, the following permanent conditions shall apply: Planning: 8. The Permanent Conditions will be finalized at the time of Development Authority decision, subject to the resolution of the Prior to Decision issues in the preceding section. 9. The development shall be completed in its entirety, in accordance with the approved plans and conditions. 10. No changes to the approved plans shall take place unless authorized by the Development Authority. 11. A Development Completion Permit shall be issued for the development; before the use is commenced or the development occupied. A Development Completion Permit is independent from the requirements of Building Permit occupancy. Call Development Inspection Services at 403-268-5311 to request a site inspection for the Development Completion Permit. 12. This permit is valid for a period of insert X years or X months from the date of approval. On expiry of this period, the insert use (as listed in LUB) or development (some form of building) shall be discontinued and the insert site and/or building(s) or structure(s) restored to a condition acceptable to the Development Authority. A new development permit must be applied for prior to the expiry date of this temporary permit for the use to continue without interruption. Development Engineering: Transportation: 13. The developer shall be responsible for the cost of public work and any damage during construction in City road right-of-ways, as required by the Manager, Transportation Planning. All work performed on public property shall be done in accordance with City standards. Page 10
14. Indemnification Agreements are required for any work to be undertaken adjacent to or within City rights-of-way, bylawed setbacks and corner cut areas for the purposes of crane operation, shoring, tie-backs, piles, surface improvements, lay-bys, utility work, +15 bridges, culverts, etc. All temporary shoring, etc., installed in the City rights-of-way, bylawed setbacks and corner cut areas must be removed to the satisfaction of the Manager of Transportation Planning, at the applicant's expense, upon completion of the foundation. Prior to permission to construct, contact the Indemnification Agreement Coordinator, Roads at 403-268-3505. Parks: Advisory Comments The following advisory comments are provided as a courtesy to the Applicant and registered property owner. The comments represent some, but not all of the requirements contained in the Land Use Bylaw that must be complied with as part of this approval. Planning: 15. The Advisory Comments will be finalized at the time of decision. 16. Any of the conditions of the development permit approval may be appealed. If you decide to file an appeal, it must be submitted to the Subdivision and Development Appeal Board (4th Floor, 1212 31 Avenue NE, Calgary, AB T2E 7S8) [DJ3 Building] within 14 days of receipt of the decision letter. An appeal along with reasons must be submitted, together with payment of a $100.00 fee, to the Subdivision and Development Appeal Board. An appeal may also be filed online at http://www.calgarysdab.ca or mailed to Subdivision and Development Appeals Board (#8110), P.O. Box 2100, Station M, Calgary AB T2P 2M5. To obtain an appeal form, for information on appeal submission options or the appeal process, please visit the website or call 403-268-5312. 17. Alberta Health Services advises of the following. Please contact Nick Suen at nick.suen@albertahealthservices.ca if you have any questions prior to your building permit application. The City of Calgary coordinates the circulation of your application to AHS on your behalf. Your permit has been released prior to final AHS approval. It is important to consider that alterations to your project may be necessary to meet the requirements of AHS. Further, construction of your facility prior to plan approval by AHS could result in required alterations post-construction. 18. The approval of this Development Permit does not limit in any way the application of the regulations in the Alberta Building Code, nor does it constitute any permit or permission under the Alberta Building Code. 19. In addition to your Development Permit, you should be aware that Building Permit(s) are required. Once your Development Permit application has been approved, you may Page 11
apply for Building Permit(s). Please contact Building Regulations at 403-268-5311 for further information. 20. All measures relating to handicapped accessibility in the design of this project shall be maintained and operable for the life of the development (building and site), including those which are required through the building permit process. Development Engineering: Transportation: 21. The City does not grant approval for the placement of underground irrigation sprinkler systems in City owned lands or boulevards that are adjacent to the development site and are installed at the developer s risk. The City of Calgary will not assume liability or responsibility for repair or replacement in event it has been damaged or destroyed during construction on City owned lands or boulevards by city workers or its authorized contractors. 22. In accordance with the Encroachment Policy adopted by Council on June 24, 1996, and as amended on February 23, 1998, encroachments of retaining walls, planters, entry features, building projections, etc. are not permitted to extend into the City right-of-way. New encroachments that are a result of this development are to be removed at the developer s expense. Encroachments are subject to approval by the Encroachment Administrator, Corporate Properties. Parks: Page 12