New Land Use Bylaw approved

Times Reporter   

  

The Land Use Bylaw (LUB), a lengthy document that many residents won’t face until they want to build or demolish something, was brought to council on Sept. 17 to be rescinded and the new one adopted. 

The bylaw, created in 1989, had seen over 100 amendments and didn’t include the annexed lands or other changes that have happened. 

“So this reflects some new legislation, some new directions as well as consolidating all of the past amendments that have happened,” said Pat Maloney, a contract planner with the Town of Strathmore. “Land Use Bylaw divides the municipality into districts. The bylaw does include the method of making decisions, the density and all the regulations for development.” 

It does regulate the subdivision design standards, the size, height and area of buildings, the amount of land to be provided around the buildings, the set-backs, the landscaping, the height, location, maintenance of fences and walls, establish and maintenance of parking of loading facilities, design and character and appearance of buildings, location and amount of access to lots and roads, making sure that there’s appropriate access, lighting of land, signage, excavation, filling of land, wetlands and other regulated uses, and overall density of population.  

“The goal for the LUB is to create a document that is current, consolidated, relevant, user friendly, easy-to-read, flexible while setting clear regulations and one that meets all of the regulatory requirements,” said Maloney.

Some of the changes in the document include increased density, the Calgary Metropolitan Plan requires its partners try to achieve 8-10 units per acre density. 

One recommendation is that the R3 district now be called high density district. High density isn’t always an apartment form, said Maloney, it could be townhouse, or a stacked townhouse. It doesn’t have to be traditional apartment building. 

One of the things administration looked at in the downtown is (in the R3 district) the overlay you can actually go to six stories. However, the density wouldn’t have allowed that, so raising the density to 100 units per hectare would allow a developer to build a six story unit if they want to and if they meet all of the other requirements. 

Parking was another issue brought forward. Parking for a one bedroom unit will be one space, two bedroom 1.5, three bedroom units will be 1.75 and then .15 parking per unit for visitors. 

“When it’s development in the downtown, we’re saying one space per unit regardless of size … to encourage walking and we think there could be shared parking arrangements in the downtown,” said Maloney.

Councillor Denise Peterson worries having two bedroom units with 1.5 parking stalls could become problematic in high density areas where traffic is already an issue. 

She would like to see a limit to the 1.5 parking stalls dependent on the area, something she thinks should be considered in areas with limited parking. 

Secondary suites have been listed as a discretionary use in all single family and duplex resident districts. It will still be difficult for people with an existing home to turn their basement into a secondary suite because of building code regulations; however, any of the builders building new homes can ensure they’re built appropriately at the time if the buyer so wishes. They will have to apply for a development permit for discretionary use when doing so. 

Licensed medical marijuana facilities have also been included under the LUB. 

“This is something that the federal government has approved and if you don’t stipulate where they are not allowed they could basically be overridden by the federal government and put anywhere,” said Maloney.

They’re not near schools, or low density residential and will be properly signed and fenced. 

Councillor Bob Sobol brought forward questions, concerns and recommendations about the proposed bylaw. One of the guidelines of the LUB states that liquor stores cannot be within 150 metres of a school, but Sobol questioned why locations selling tobacco products are not included in that. Tobacco products are sold in many more places, and means any of the gas bars backing onto residential wouldn’t be allowed to sell cigarettes, something the town doesn’t regulate, said Maloney. 

Sobol questioned grandfathering the current stores selling tobacco near schools, stating it wouldn’t affect any of the present stores. 

“I agree 100 per cent, but I am just not sure I have ever seen a Land Use Bylaw regulate cigarette sales. One of the problems with that is we do try and encourage the reintroduction of convenience stores back into residential areas and they all sell cigarettes,” said Maloney. 

“If we do put it in, and even if we say it’s grandfathered, it’s not really grandfathered, what you’re making then is you’re making the existing convenience stores and gas bars non-conforming. If they burnt down they couldn’t sell cigarettes if they built up again.” 

It will limit the types of stores that will come into community areas because tobacco sales are an important part to many convenience store sales. Maloney said she couldn’t say it would stop them from building or opening, but that it will be a unique restriction. The possibility of adding that regulation to the bylaw will be researched and brought back for council’s consideration. 

The LUB was passed with Peterson voting opposed. She wanted more time to go over the document before casting a favourable vote.