SUBDIVISION AND DEVELOPMENT APPEAL BOARD AGENDA TUESDAY, JUNE 19, 2018 CITY OF AIRDRIE COUNCIL CHAMBERS 400 MAIN STREET SE, AIRDRIE, ALBERTA 6:00 P.M.

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1 1 SUBDIVISION AND DEVELOPMENT APPEAL BOARD AGENDA TUESDAY, JUNE 19, 2018 CITY OF AIRDRIE COUNCIL CHAMBERS 400 MAIN STREET SE, AIRDRIE, ALBERTA 6:00 P.M. Appeal 1: Unit 210 Block 18 Plan (210, 2914 Kingsview Blvd SE, Airdrie, Alberta) 1. Call to Order and Introduction of SDAB Members 2. The Chairman will question whether anyone in attendance has any objections to any of the members sitting on the Subdivision and Development Appeal Board 3. Introductions by Chairman a. Background This is an appeal hearing for Unit 210 Block 18 Plan (210, 2914 Kingsview Boulevard SE, Airdrie, Alberta). The appeal was lodged by the Board of Directors for Kingsview Plaza, represented by Renee Doucette. 4. Review of Procedures Speakers will be heard in the following order: a. Approving Authority Presentation Tega Odogu b. Appellant Presentation Renee Doucette c. Presentation by any other affected persons 5. Final Comments/Rebuttal After presentations, final comments may be made in the following order: a. Approving Authority Tega Odogu b. Appellant Renee Doucette 6. Adjournment

2 2 APPEAL SUMMARY APPEAL NO. 1 This is an appeal of the decision of the Development Authority approving Development Permit Application No. PL , a Change of Use/Tenancy application, to allow the Applicant to operate a dog daycare and boarding facility at Unit 210, 2914 Kingsview Boulevard SE. The Appellant is appealing this decision and requesting that the approval of Development Permit Application No. PL be overturned and refused for the following reasons: 1. there is a restaurant located at Unit 209, 2914 Kingsview Boulevard SE; and 2. the Appellant indicates that pursuant to item 36(2)(e) of the property's condominium bylaws, an owner shall not keep an animal in or on his unit or on or about the real property of the corporation. APPLICANT: Agnieszka Lubanska Airdrie, Alberta REGISTERED OWNER: APPELLANT: Alberta Ltd. 210, 2914 Kingsview Boulevard SE Airdrie, Alberta T4A 0E1 Board of Directors for Kingsview Plaza (Renée Doucette) c/o Astoria Asset Management Ltd. 202, 150 Edwards Way Airdrie, Alberta T4B 4B9 Development Permit Application No. PL was received on April 30, 2018, and approved by the Development Authority on May 2, An Application to Appeal was filed on May 24, The Applicant, Appellant, Registered Owner and other concerned parties were notified of the hearing by mail.

3 3 SUBDIVISION AND DEVELOPMENT APPEAL BOARD STAFF REPORT Meeting Date: June 19, 2018 Issue: Appeal of Approval for Change of Use (PL ) Address: 210, 2914 Kingsview Boulevard SE Block 18, Plan Introduction: This appeal is concerning the approval of Development Permit Application No. PL , Change of Use/Tenancy for a Doggy Daycare and Boarding (Woofland). The Permit was approved because the proposed use meets the land use and parking requirement of the Land Use Bylaw (LUB), as well as the purpose and intent of the IB -1, Mixed Business/Employment District. Under LUB B-01/2016 Section , the purpose and intent of this district is: to accommodate a range of small to medium -scale employment uses providing employment opportunities and potential transition between other land use districts. This district is intended to promote flexibility in small to - medium scale land uses. Issue: The Appellant, Board of Directors for Kingsview Plaza (Renée Doucette), is requesting the overturn and refusal of Development Permit Application No. PL for the following reasons: 1. There is a restaurant located at Unit 209, 2914 Kingsview Boulevard SE; and 2. The Appellant indicates that pursuant to item 36(2)(e) of the property's condominium bylaws, an owner shall not keep an animal in or on his unit or on or about the real property of the corporation. Background: - April 30, 2018, the applicant, Agnieszka Lubanska, applied for a Change of Use/Tenancy for a Doggy Daycare and Boarding (Woofland). 1

4 4 - May 02, 2018, application no PL was approved with conditions as an Animal Service, Major under LUB B-01/ May 24, 2018, Board of Directors for Kingsview Plaza (Renée Doucette), filed an appeal to overturn and refuse Development Permit approval for PL Application Summary: Information and Documents Provided The information and documents provided for this application included the following: 1. Floor Plan 2. Site Plan 3. Business Description 4. Certificate of Title 5. Letter of Authorization form property owner, Alberta Limited (Schedule C). Context Subject Property is 2914 Kingsview Boulevard, located in Kingsview industrial. The property is bounded to the North, South and West by Industrial land and to the East by the community of Kings Heights (Figure 1). Proposed Use The proposed use of Unit 210, 2914 Kingsview Boulevard is to operate a Doggy Daycare and Boarding business (Woofland). Business Description Woofland will provide doggy daycare, pet sitting and boarding services to pet owners who go to work, take business trips and vacations. All dogs are meant to pass a temperament test to attend the doggy daycare and pet boarding. Additional requirement for admittance is that all dogs must be good to other dogs and people. Also, all dogs must be in good health, and owners will have to show proof that their pets have up to date vaccination. Number of Customers Woofland is estimating a maximum of 10 to 30 clients a day at height of business. Number of Employees Woofland will employ Two (2) full time staff with the possibility of increasing number of staff as business grows. 2

5 Gross Floor Area 5 Woofland will be occupying Unit 210, 2914 Kingsview Boulevard which has a floor area of 195.1m². Days and Hours of Operation Woofland will operate from Monday to Friday, from 6:30 am to 6:30 pm, and Saturday to Sunday from 8:00 am to 5:00 pm. Planning Consideration: Application No. PL was approved after consideration of the LUB requirements listed below. A summary is provided in Schedule A. Land Use Bylaw Requirements (Land Use Classification) The proposed use is classified as Animal Service Major, a discretionary use in the IB -1, Mixed Business/Employment District. The LUB B-01/2016 Section 1.13 defines Animal Service, Major as: A development for which the principal use is the boarding, kenneling, or impoundment of domestic animals in a facility that includes outdoor enclosures, pens, runs and/or exercise areas and may include the supplementary sale of associated products. Typical uses include boarding and breeding kennels. To support the proposed use as discretionary, additional consideration was given to the possibility that the proposed use may complement adjacent uses such as the restaurants (Il Forno and Tony s Vietnamese Restaurant) by providing a care facility for pets of restaurant goers (Figure 2 & 3). Land Use Bylaw Requirements (Parking) As per LUB B-01/2016 Section 4.4 (1), parking requirement for a development classified as Animal Services is 2.5 stalls per 100m² gross floor area. With an area of 195.1m² the subject property is required to have 5 Stalls. The subject property according to the Planning and Development Department s record has a total of 104 Stalls provided, 91 Stalls occupied and 13 Stalls available as at May 02, Therefore, the subject property has parking available for the proposed use and meets all parking requirements.. Alternatives: The SDAB has five alternatives with respect to this appeal of Development Permit 02-15: Alternative 1: To deny the appeal and uphold the decision of the Development Authority to approve the application with conditions included in Schedule B. Choosing this option would mean that SDAB agrees with the approval made by Administration, based on the above planning consideration. 3

6 6 Alternative 2: To deny the appeal and approve the application with additional conditions determined by the SDAB. Choosing this option would mean SDAB feels that additional conditions are needed to protect the interest of the appellant. Alternative 3: To approve the appeal and overturn the decision of the Development Authority. Choosing this option would mean SDAB feels that the proposed development impacts adjacent uses in a negative manner and contradicts the property's condominium bylaws Recommendation: Alternative 2: To deny the appeal and approve the application with additional conditions determined by the SDAB. Tega Odogu Planning Technician Author: Tega Odogu Departmental Review: Jamal Ramjohn Team Lead, Planning Services Date: June 19, 2018 Figures: Figure 1: Context Map Figure 2: Adjacent Uses Table Figure 3: Adjacent Uses Map Attachments: Schedule A: Application and Land Use Bylaw Review Summary Schedule B: Approval Letter Schedule C: Letter of Authorization, Site Plan, Floor Plan 4

7 Figure 1 Context Map Figure 2 Adjacent Uses Table Bay Company Name 101 Tri-fit Training 210 Perfect Surfaces 102 Malwa Liquor 211 Idea Source Recognition & Rewards Inc.

7 7 Figure 1 Context Map Figure 2 Adjacent Uses Table Bay Company Name 101 Tri-fit Training 210 Perfect Surfaces 102 Malwa Liquor 211 Idea Source Recognition & Rewards Inc. 103 De-Chosen African Market 212 The Luckless Diceman/Vantage Autowave Tony s Vietnamese Restaurant 214 ReNewall Projects 106 White Collar Boxing Company/ ExRx Health 215 Ice House Industries International 107 Equipment Express Proto Services Inc OCDetail Dent Force 206 Total Control Solutions Halo Environmental Limited 209 Il Forno (Social Forno) 5

8 Figure 3 Adjacent Uses Map Schedule A Application and Land Use Bylaw Review Summary Applicant Agnieszka Lubanska Owner 1595862 ALBERTA LTD Legal Description Block 18 Plan 0713053 210, 2914

8 8 Figure 3 Adjacent Uses Map Schedule A Application and Land Use Bylaw Review Summary Applicant Agnieszka Lubanska Owner ALBERTA LTD Legal Description Block 18 Plan , 2914 KINGSVIEW BV SE Location Kingsview Industrial NSP Kings Heights LUB District IB-1, Mixed Business/Employment District Proposed Use Doggy Daycare and Boarding Comments: Falls under land use classification Animal Services, Major which is a discretionary use in the IB-1, Mixed Business/Employment District. Therefore proposed use meets district requirements. Parking LUB Parking Requirement: 2.5 stalls per 100m² gross floor area Requirement Total Required: 5 Stalls Total Provided: 104 Stalls Total Occupied: 96 Stalls Total Available: 8 Stalls Parking Allocation: Parking Summary: Comments: The proposed development meets all parking requirements. 6

9 9 400 Main Street SE, Airdrie T4B 3C3 Phone: (403) Fax: (403) LUBANSKA-POPOWSKA, AGNIESZKA Date Printed: May 04, 2018 AIRDRIE, AB Subject: Development Permit Application No. PL Change of Use/Tenancy WOOFLAND Unit - 210, Block - 18, Plan , 2914 KINGSVIEW BV SE, AIRDRIE, AB Dear Sir/Madam, Your Development Permit application was reviewed by the Development Officer and approved on May 02, 2018 subject to compliance with the following conditions and notifications: Conditions of Approval 1. This development is classified as a Animal Service, Major (Woofland) and is a Discretionary Use in the IB-1, Mixed Business/Employment District on the lands legally described as Unit - 210, Block - 18, Plan All development, including the location, orientation, capacity, intensity, and use of buildings and any landscaping and site improvements, shall be completed as per the approved plans and in accordance with the requirements of the City of Airdrie s Land Use Bylaw, Engineering Standards, and any other conditions of Development Permit approval(s), to the satisfaction of the City of Airdrie, notwithstanding the above and any other variances granted by the Development Authority. 3. Any changes to the design, format, location, orientation, capacity, intensity or use of any part of the development must receive the approval of the Development Authority before they may be commenced. 4. All signs, as shown in the drawings approved by the Development Authority may be constructed without need of a new Development Permit. However, any and all other signage will require a separate Development Permit application and approval prior to placement. 5. A minimum of FIVE (5) parking stalls shall be required for this development in accordance with the standards of Land Use Bylaw B-01/2016. All parking stalls shown on the approved plans shall be hard surfaced with asphalt pavement, concrete or other similar paving material to the satisfaction of the Development Authority prior to occupancy. 6. A minimum of one loading space shall be provided for this development. Loading spaces shall meet the minimum size and clearance requirements of Section 4.9 of Land Use Bylaw B-01/2016, as may be amended from time to time, and shall be designed and located so that all vehicles using those spaces can be parked and maneuvered entirely within the bounds of the site before moving onto adjacent roads or lands. Legal Notifications It is the responsibility of the applicant/owner to meet all conditions of approval. It is the responsibility of the applicant/owner to comply with all requirements of Land Use Bylaw B-01/2016, other municipal regulations, and all provincial and federal legislation. All permits as required by the Alberta Building Code must be obtained and the applicant/owner must remain compliant with the provisions of this code at all times. All building permit applications must be affixed with the seal of a professional architect. All contractors working on this development may require a valid Airdrie Business Licence prior to the commencement of any work and must maintain the licence for the full duration of the construction period.

10 Main Street SE, Airdrie T4B 3C3 Phone: (403) Fax: (403) Please note that this approval is subject to a mandatory fourteen day appeal period, which will commence from the first date of publication of the notice of approval on May 11, Provided an appeal is not registered prior to May 25, 2018 at 4:30pm, and all required conditions are complied with, a copy of the permit will be sent to you. Please note that any development commenced before the appeal period is closed is at the applicant's own risk and, in the event of an appeal, the City will request that all work on-site stop until the appeal is heard and a decision is rendered by the Subdivision and Development Appeal Board. If you have any questions regarding this matter, please contact the undersigned. Yours truly, Tega Odogu, Planning and Development (403) ext 8796 tega.odogu@airdrie.ca

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17 17 May 31, 2018 «PRIMARY_OWNER» «SECONDARY_OWNER» «PRIMARY_OWNER_ADDRESS» «SECONDARY_OWNER_ADDRESS» «CITY», «PROV» «POSTAL_CODE» Dear Sir or Madam: Re: Notice of Appeal: Development Permit Application No. PL Legal Description: Unit 210 Block 18 Plan Municipal Address: 210, 2914 Kingsview Boulevard SE, Airdrie, Alberta You are receiving this letter as you are either the property owner, an adjacent property owner, or otherwise have an interest in the property at 210, 2914 Kingsview Boulevard SE, Airdrie, Alberta. On May 2, 2018 a Change of Use/Tenancy Development Permit Application to allow the Applicant to operate a dog daycare and boarding facility at Unit 210, 2914 Kingsview Boulevard SE was approved. The Appellant is appealing this decision and requesting that the approval of Development Permit Application No. PL be overturned and refused for the following reasons: 1) there is a restaurant located at Unit 209, 2914 Kingsview Boulevard SE; and 2) the Appellant indicates that pursuant to item 36(2)(e) of the property's condominium bylaws, an owner shall not keep an animal in or on his unit or on or about the real property of the corporation. Therefore, please be advised that the Subdivision and Development Appeal Board will hold an appeal hearing concerning the application in Council Chambers at City Hall, 400 Main Street SE, Airdrie, Alberta, at 6:00 p.m. on Tuesday June 19, The hearing is for the purpose of determining whether or not the decision of the Development Authority should be confirmed, revoked, varied, or substituted. Should you wish to present your views in this matter, you may do so by speaking to the issue personally at the hearing, by having a friend or lawyer present your views on your behalf at the hearing, or by submitting your views in writing to the Clerk of the Subdivision and Development Appeal Board at City Hall s address below. Any written submissions must be received no later than 5 days before the hearing, at 12:00 noon on Thursday June 14, 2018, to enable us to ensure that they will be available for consideration at the hearing. All submissions will form a part of the public record. Any pictures or supporting presentation materials distributed at the hearing become part of the record and will not be returned. Should you not wish to present your views in this matter, please disregard this letter. All relevant documents respecting the appeal will be available for public inspection at the office of the Clerk to the Subdivision and Development Appeal Board during normal business hours on any weekday. Should you require any further information, please telephone Tammy Belsham or Jennifer Bayly-Atkin at Sincerely, Tammy Belsham Subdivision and Development Appeal Board Clerk cc: Jamal Ramjohn Team Leader, Planning

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20 Main Street SE, Airdrie T4B 3C3 Phone: (403) Fax: (403) LUBANSKA-POPOWSKA, AGNIESZKA Date Printed: May 04, 2018 AIRDRIE, AB Subject: Development Permit Application No. PL Change of Use/Tenancy WOOFLAND Unit - 210, Block - 18, Plan , 2914 KINGSVIEW BV SE, AIRDRIE, AB Dear Sir/Madam, Your Development Permit application was reviewed by the Development Officer and approved on May 02, 2018 subject to compliance with the following conditions and notifications: Conditions of Approval 1. This development is classified as a Animal Service, Major (Woofland) and is a Discretionary Use in the IB-1, Mixed Business/Employment District on the lands legally described as Unit - 210, Block - 18, Plan All development, including the location, orientation, capacity, intensity, and use of buildings and any landscaping and site improvements, shall be completed as per the approved plans and in accordance with the requirements of the City of Airdrie s Land Use Bylaw, Engineering Standards, and any other conditions of Development Permit approval(s), to the satisfaction of the City of Airdrie, notwithstanding the above and any other variances granted by the Development Authority. 3. Any changes to the design, format, location, orientation, capacity, intensity or use of any part of the development must receive the approval of the Development Authority before they may be commenced. 4. All signs, as shown in the drawings approved by the Development Authority may be constructed without need of a new Development Permit. However, any and all other signage will require a separate Development Permit application and approval prior to placement. 5. A minimum of FIVE (5) parking stalls shall be required for this development in accordance with the standards of Land Use Bylaw B-01/2016. All parking stalls shown on the approved plans shall be hard surfaced with asphalt pavement, concrete or other similar paving material to the satisfaction of the Development Authority prior to occupancy. 6. A minimum of one loading space shall be provided for this development. Loading spaces shall meet the minimum size and clearance requirements of Section 4.9 of Land Use Bylaw B-01/2016, as may be amended from time to time, and shall be designed and located so that all vehicles using those spaces can be parked and maneuvered entirely within the bounds of the site before moving onto adjacent roads or lands. Legal Notifications It is the responsibility of the applicant/owner to meet all conditions of approval. It is the responsibility of the applicant/owner to comply with all requirements of Land Use Bylaw B-01/2016, other municipal regulations, and all provincial and federal legislation. All permits as required by the Alberta Building Code must be obtained and the applicant/owner must remain compliant with the provisions of this code at all times. All building permit applications must be affixed with the seal of a professional architect. All contractors working on this development may require a valid Airdrie Business Licence prior to the commencement of any work and must maintain the licence for the full duration of the construction period.

21 400 Main Street SE, Airdrie T4B 3C3 Phone: (403) 948-8800 Fax: (403) 948-6567 www.airdrie.

21 Main Street SE, Airdrie T4B 3C3 Phone: (403) Fax: (403) Please note that this approval is subject to a mandatory fourteen day appeal period, which will commence from the first date of publication of the notice of approval on May 11, Provided an appeal is not registered prior to May 25, 2018 at 4:30pm, and all required conditions are complied with, a copy of the permit will be sent to you. Please note that any development commenced before the appeal period is closed is at the applicant's own risk and, in the event of an appeal, the City will request that all work on-site stop until the appeal is heard and a decision is rendered by the Subdivision and Development Appeal Board. If you have any questions regarding this matter, please contact the undersigned. Yours truly, Tega Odogu, Planning and Development (403) ext 8796 tega.odogu@airdrie.ca

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30 KINGSVIEW BV SE K 2914 IN 1000 GSTON CR SE 996 KINGSBRI DG KINGSVIEW BV SE KINGSVIEW WY SE 2920 E RD SE 1:1, Meters 20 This map is the property of the City of Airdrie and may not be reproduced, in whole or in part, in any form or by any means without the written permission of the City of Airdrie. The map is for informational purposes only and should not be relied upon. The City does not warrant that the map is correct, complete, accurate, up-to-date or otherwise reliable. Use of the map is entirely at the user's own risk. Under no circumstances shall the City be liable for any damages arising from the use of the map. SDAB Appeal - Adjacent Properties to Kingsview Boulevard SE Copyright 2018 City of Airdrie GIS Department Projection: 3TM WGS 1984 W Jun 2018

S U B D I V I S I O N A N D D E V E L O P M E N T A P P E A L B O A R D A G E N D A

S U B D I V I S I O N A N D D E V E L O P M E N T A P P E A L B O A R D A G E N D A Wednesday, 9:00 A.M. April 17, 2019 Hearing Room No. 3 Churchill Building, 10019-103 Avenue NW, Edmonton, AB Hearing