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RFD- 3086 Bylaws   Item #   10. i.    
Regular Council Meeting Agenda
Meeting Date: 08/14/2017  
Title:    C-1011-17 - First Reading -Land Use Bylaw Text Amendment – Site Specific - 7 McLeod Avenue (Child Care Facility)
Department: Planning & Infrastructure  
Strategic Vision Element: Where People Choose to Live - A dynamic city with an exceptional quality of life Related Goal: n/a

Request for Decision Summary
The purpose of this Request for Decision is to seek Council’s support for first reading for Bylaw C-1011-17, a Land Use Bylaw text amendment. The amendment proposes to allow Child Care Facilities at 7 McLeod Avenue as a discretionary use.

Administration does not support the proposed site specific text amendment to the Land Use Bylaw to consider Child Care Facilities on 7 McLeod Avenue. A Child Care Facility is not compatible within the site's existing districting and if adopted, the subject site cannot provide suitable outdoor play spaces separated from loading and vehicular areas. Administration is recommending granting first reading in order to allow the applicant the ability to speak to Council at the public hearing.

Proposed Motion
That first reading be given to Bylaw C-1011-17 - Land Use Bylaw Amendment – Site Specific - 7 McLeod Avenue.
An amendment to the Land Use Bylaw has been received to add Child Care Facility as a discretionary use to the C2 – Vehicle Oriented Commercial District on a site specific basis (See Attachment A). This text amendment will allow for a Child Care Facility use to be considered on the subject site, Lot 120, Block 17, Plan 094 1759 (7 McLeod Avenue). If adopted, the use will allow for on-site care and supervision, but not overnight accommodation, to seven or more children under the age of thirteen.
The subject site is districted C2 – Vehicle Oriented Commercial District and is intended to provide commercial uses mainly serving vehicle traffic. This district does not list Child Care Facility as a considered use.
A multi-tenant commercial building has been developed on the subject site. Surrounding the subject site is a multi-unit dwelling to the north, a Special Care Facility (Copper Sky Lodge) and residential development to the east, and vehicle-oriented commercial uses to the west and south (see Attachment B).
The Provincial Child Care Licensing Regulations may require an outdoor play space for Child Care Facilities. The applicant has identified two possible outdoor play spaces on the subject site for consideration (See Attachment C). Administration has reviewed these outdoor play space locations and found they conflict with parking and loading areas required for the development per the C2 District.  The play space located at the front of the building requires the removal of seven parking stalls. The play space located at the rear of the building is located in the designated loading area approved in the development permit. This loading area is also where garbage collection takes place, and administration is concerned about requiring waste removal vehicles to back up around the play space to service the site. The application states that no loading activity is conducted at the rear of the building; however, a 3.1 metre wide loading area is a requirement under the Land Use Bylaw and the proposal will leave only about 0.5 metres to the property line. An easement does not exist on the adjacent property for loading purposes for this site. It should be noted the purpose of loading areas is to provide truck traffic and delivery away from public areas to allow for maneuvering of delivery vehicles and collection of waste, thereby reducing the number of conflicts between customers and these uses. Loading areas also ensure parking spaces are available for customers and employees. 
Administration is concerned with the subject site’s parking availability. If adopted, the subject site would be required to provide 64 parking stalls and additional parking stalls for employees for some uses. These parking stalls are shared between all tenants of the subject site. Currently, there are 71 parking stalls available for patrons and employees of the development. Removing 7 parking stalls for the front outdoor play space will leave the subject site with 64 parking stalls and no additional parking stalls for employees. Therefore, Land Use Bylaw parking requirements will not be met. It will further restrict some uses like restaurants from expanding in the future, including limiting dining patios.
Administration does not support this site specific amendment because of the compatibility of Child Care Facilities within the C2 District and the inability to provide a suitable outdoor play space. Child Care Facilities are uses allowed in districts that are neighbourhood or pedestrian oriented (C1, C3, and C4 Districts). The C2 District is meant for commercial developments that serve vehicular traffic and thus rely on parking stalls for patrons and employees to access businesses. 
Administration has met with the Applicant and discussed initial comments about the site specific amendment and related to the applicant that the proposed amendment is not supported by staff.

The proposed amendment will be circulated internally for other departments’ comments.

Public Hearing
A public hearing will be held prior to second reading. The public hearing will be advertised as per the requirements of the Municipal Government Act. Letters will be sent to adjacent landowners and those who attended the public open house and notice in the 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 finds that the use is not compatible within the subject site's current districting, the C2 - Vehicle Oriented Commercial District. The subject site may also have difficulty providing an appropriate outdoor play space that may be required by the Provincial Child Care Licensing Regulations. The two possible outdoor play spaces the subject site can provide is located near potential nuisances or removes parking stalls in a district that is intended for vehicular traffic.
Attachment A: C-1011-17
Attachment B: Location Aerial
Attachment C: Proposed Outdoor Play Space

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