City legal challenges and development applications – approved and rejected …
While each of these topics has been on my radar for the past while, my schedule right now only permits a brief mention and then a clearing of the growing to-do list.
The legal saga of William MacIsaac (and associated Clare’s Cove Marina Ltd., Willy’s Wharf Inc., Jiro Adventures Ltd.) with the City of Salmon Arm took a further step with the mid-September Supreme Court decision to reject a portion of MacIsaac’s appeal of the city’s previous legal wins.
The succinct summary of the lost appeal (and the city’s partial victory) is at the Supreme Court’s judgement site here. Check it out!
Appeal dismissed as abandoned by reason of failure of appellants to post required security for costs.
See Aim High’s earlier post Big Time Bucks in Recent City Legal Decision (May 25 2013) for a portion of the legal wrangling as well as further links.
Approved: The zoning amendment for the Leaping Frog Coffee Company proposal for Canoe (the old Doc’s pub site) passed. See Community keen for coffee (Observer: Labere: Sept. 25 2013). The issue of noxious emmissions from the roasting process was raised.
City staff, however, said they don’t have the capacity to deal with emission issues, and that a covenant requiring the business to use an afterburner would go a long way to help. Ferster explained the $60,000 afterburner the business will use will eliminate 99 per cent of the smoke and any potential noxious gases.
Approved: The applications for both the new CSRD building as well as the Phase Two of Lakeside Manor on adjoining lots along the foreshore. See Lorne Reimer’s Molehills column in the FridayAM (Sept. 27 2013) about loss of lakeview.
Lorne Reimer: “As I listened to council’s deliberations on both the new CSRD building and Phase Two expansion of Lakeside Manor senior residence, I wished there were just a few words spoken acknowledging something special that will be gone forever. Council members discussed at length whether the parking provisions were adequate, but there was nary a word about the effect that a continuous wall of building will have on our spectacular, symmetrical bayview.”
From the city agenda info. reflecting staff support for the proposal:
The C-2 zone is the dominant commercial zoning of most properties in the City Centre (a zoning map is attached as APPENDIX 6). The C-2 zone regulations – attached as APPENDIX 3 – allows for a wide mix of uses, including offices, retail, restaurants, financial institution, commercial daycare, upper and lower floor dwelling units, entertainment facility (e.g. theatre), public use (including park and recreational), educational/training facility, class rooms and lecture halls, radio and TV broadcasting, dance, art music studios, health services, and others.
In this regard, the proposed C-2 zoning matches many of the current uses on the subject properties and would facilitate opportunities for future commercial and other forms of development. It would allow for the use of a School District office (as does the present P-3 zoning of the site). The C-2 zone is also the most flexible from a development perspective with zero lot line setbacks, an allowance for 100% building site coverage and a maximum building height of 20 metres (66 ft).
Note that achieving 100% building site coverage is a very unlikely scenario unless either an underground or multi-level parkade structure is constructed, or the proposed lots are included in the Specified Parking Area (SPA). Most of the C-2 zoned properties in the City are located in the SPA. The development of underground parking would be challenged in this area by a high water table.
A more likely scenario involving surface only parking would yield site coverage that is less than 30%, and a floor space to site area ratio (FSR) no greater than 040. For a comparison, the new two-storey SASCU development has building site coverage of 18% and a FSR of 0.33, and the quantity of surface parking provided for that development is at the minimum required.
The proposal was defeated with Cooper and Kentel voting in favour – Cannon, Eliason and Reimer voting against. Harrison and Jamieson recused themelves as they are employed by the school district.
Check out the Oberver article Decision on former JL Jackson site in Salmon Arm shocks board (Labere: Sept. 27 2013) for reporting on the decision. It seems that the majority on council (on this issue) want to see the exact details before they are amenable to ok’ing development. For me, it also raises the issue of retaining possible timelines of a potential Downtown campus proposal in the mix. I’ll have more on this in a bit.
Monday night, after the hearing, Eliason recalled the well-attended public hearing in 2006 when rezoning was sought for three-quarters of the property to accommodate a new grocery store. He said person after person commented on how it was too important a piece of taxpayers’ property for the public not to have input on how it’s developed. He went on to say the school district doesn’t need to rezone the entire property – that doing so would go against what the community asked for back in 2006.
“I think we can work together with the school district to create variances and create a financially suitable way for them to build a new school district office to make that happen,” said Eliason.
Cannon said she wanted to see a developer and a plan come to council and take things from there.
* Image snips and city quotes from the city’s September 23rd 2013 agenda here.