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RFD- 3332 Bylaws   Item #   9. b.    
Regular Council Meeting Agenda
Meeting Date: 06/11/2018  
Title:    C-1042-18 - Second Reading - Land Use Bylaw Amendment - Site Specific Child Care Facility - Levasseur
Department: Planning & Infrastructure  
Strategic Vision Element: This topic relates to all three of the City’s strategic vision elements contained in Council’s Strategic Plan Related Goal: n/a

Request for Decision Summary

The purpose of this Request for Decision is to seek Council’s support for second reading of Bylaw C-1042-18, a Land Use Bylaw text amendment to the C2 District that proposes to allow Child Care Facility as site specific discretionary use at 10 Westwind Drive and 11 Westwind Drive.


Administration does not support the proposed amendment and recommends that Council defeats the bylaw at second reading.  Administration's reasons for this recommendation are: it does not align with the C2 District’s purpose; it could reduce vehicle-oriented commercial land supply; and, as the amendment area's development pattern is to date unapproved a comprehensive understanding of this site specific proposal is not possible.

Proposed Motion

That second reading be given to Bylaw C-1042-18 - Land Use Bylaw Text Amendment – Site Specific Child Care Facility Amendment – Westwind Commercial Area.

An application to amend the Land Use Bylaw has been received proposing to change the C2 – Vehicle Oriented Commercial District to add Child Care Facility as a discretionary use for two (2) additional site-specific locations.  These sites are both part of the Westwind Commercial area, which is currently being developed as a multi-tenant vehicle-oriented commercial area, located at 10 Westwind Drive (Lot 1, Block 7, Plan 162 0361) and 11 Westwind Drive (Lot 19, Block 2, Plan 172 1754). Land uses in proximity include office buildings (north), residential development to the east, and existing and future vehicle-oriented commercial uses to the south (see Attachment: Location Aerial).
Child Care Facility use allows for on-site care and supervision, but not overnight accommodation, to seven or more children under the age of thirteen.  An outdoor play space may be required under the Provincial Child Care Licensing Regulations. Upon review, Administration does not support this site specific amendment due to the following:


District Purpose - The C2 – Vehicle Oriented Commercial District’s defined purpose is for the provision of lands for accommodating ‘vehicle oriented commercial uses’.  A Child Care Facility is regarded as a ‘private service use’ that supports child-care needs related to and generated by residential areas.  As such this ‘private service use’ does not align with the C2 District’s purpose that is intended for accommodating vehicle oriented commercial uses. Additionally, Child Care Facilities are incompatible with certain uses within the C2 District (i.e. service stations & possibly cannabis sales), and these uses would require reciprocal setbacks limiting the District's effectiveness. This conclusion has been the Planning Department’s past position on a similar site specific Child Care Facility request; however, it is noted that the C2 District was amended in that 2017 case for allowing a Child Care Facility at 7 McLeod Avenue. Notwithstanding this action, a development permit application has not been received.

Reduced Land Supply - The C2 District is expressly intended for vehicle oriented commercial developments that meet the needs of an important business class within the City, and it also excludes development that does not meet this purpose. This helps ensure a sufficient supply of vehicle oriented commercial use that requires large parcels along arterial roadways capable of accommodating vehicle traffic. This land use change could allow developments that that would take away from the land supply for vehicle oriented commercial or limit vehicle oriented development options if deemed incompatible with the District’s intended uses and requiring reciprocal setbacks.

Site Assessment  - Administration is also concerned that large parts of the subject sites have not yet been approved for development, and this inhibits our ability to fully assess any potential spatial conflicts (i.e. reciprocal setbacks for incompatible uses, circulation, parking, outdoor play opportunities, and safe pedestrian traffic possibilities) of this site specific amendment.  An intended development pattern has been provided (see Attachment: Proposed Site Development), but as it is not yet approved we are not able to ensure that a suitable location would be available should future changes to this concept occur.  As a site specific amendment, the Planning and Development Department's ability to recommend in favour requires that we conclude there would be a reasonable expectation that a future Development Permit application may be supportable for this use.


Administration has discussed the concerns addressed with the Applicant and related to the applicant that the proposed amendment is not supported.


The proposed amendment has been circulated internally for other departments’ comments.


Public Hearing

A public hearing will be held prior to second reading, and will be advertised as per the requirements of the Municipal Government Act including letters to adjacent landowners and a notice in the local paper. Any questions or comments regarding the development will be addressed at the public hearing.


The Planning and Development Department will implement this Land Use Bylaw Amendment if approved by Council.


If adopted, a Child Care Facility will offer an additional service to the surrounding neighbourhood.

Administration concluded that the use is not in alignment with the intent of the subject site's current C2 - Vehicle Oriented Commercial District.  Adoption may contribute to the reduction of vehicle-oriented commercial development space, and as the site development is not yet approved we question if and how a Child Care Facility may be accommodated on site.

Bylaw C-1042-18
Location Aerial
Proposed Site Development

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