CALGARY SUBDIVISION AND DEVELOPMENT APPEAL BOARD Hearing held at: Calgary, Alberta Date of hearing: March 13, 2014 Members present: Rick Grol, Chairman Kerry Armstrong John Attrell Katherine Camarta Teresa Goldstein Dale Hodges Stefne Madison Basis of appeals: This is an appeal from an approval by the Development Authority for a development permit made on the application of Calgary Catholic School District for a revision: changes to site plan (new site access, landscaping, expansion of parking); change of use: school authority purpose - major at 1309 Kensington Road NW. Appeal filed by: Hillhurst/Sunnyside Community Association represented by Patrick Mahaffey Description of Application: The appeal before the Subdivision and Development Appeal Board (Board) deals with an approval by the Development Authority of a development permit for revisions/changes to site plan (new site access, landscaping, expansion of parking) and change of use to school authority purpose - major at 1309 Kensington Road NW. The property is located in the community of Hillhurst and has a land use designation of Multi-Residential Contextual Grade-Oriented (M-CG) District. Calgary Subdivision and Development Appeal Board P.O. Box 2100, Station M, # 8110, Calgary, Alberta T2P 2M5 Phone: 403-268-5312 Fax: 403-268-5982 Email: sdab@calgary.ca Page 1 of 6
Hearing: The Board heard verbal submissions from: Richard Mysliwy of Calgary Catholic School District, the applicant, opposed to the appeal; Patrick Mahaffey of the Hillhurst/Sunnyside Community Association, the appellant, in favour of the appeal; and Andy Orr, representing the Development Authority. Summary of Evidence: The Board report contains the Development Authority s decision respecting the development permit application and the materials submitted by the Development Authority that pertain to the application, and forms part of the evidence presented to the Board. The Board report contains notice(s) of appeal(s) and any documents, materials or written submissions submitted by the appellant(s), applicant and any other parties to the appeal. Appendix A attached to this decision contains the summary of evidence from the parties submitted at the hearing and forms part of the Board s decision. Decision: In determining this appeal, the Board: Complied with the provincial legislation and land use policies, applicable statutory plans and, subject to variation by the Board, The City of Calgary Land Use Bylaw 1P2007, as amended, and all other relevant City of Calgary Bylaws; Had regard to the subdivision and development regulations; and Considered all the relevant planning evidence presented at the hearing, the arguments made and the circumstances and merits of the application. 1. The appeal is allowed in part and the decision of the Development Authority is varied. 2. The development permit shall be issued as approved by the Development Authority subject to the following amendment/addition to the conditions of approval. Prior to release conditions Page 2 of 6
Prior to release condition number one is deleted and replaced by the following condition: 1. The applicant shall, to the satisfaction of the Development Authority, submit a total of six (6) complete sets of amended plans (file folded and collated) to the file manager. The plans shall be in accordance with the amended plans (with the subsequent changes to the development) submitted to the Subdivision and Development Appeal Board at the hearing and accepted by the Board as per decision SDAB2014-0022. The amended plans shall indicate the following: Removal of the fence on the east, west and south side of the parcel, except at the location of the creative playground. Accordingly, include an annotation on the plans to that effect. In order to expedite the review of the amended plans, please include the following in your submission: (1) Three (3) of the plan set(s) shall highlight all of the amendments with annotations accordingly; (2) Three (3) detailed written response(s) to the conditions of approval document that provides a point by point explanation as to how each of the prior to release conditions were addressed and/or resolved; and (3) In addition to the full sized plans requested above, please submit one (1) 11 x 17 complete set of plans for the purpose of the development completion permit (DCP) process. Two (2) of the plan set(s) shall highlight all of the amendments with annotations accordingly. Please ensure that all plans affected by the revisions are amended accordingly. Page 3 of 6
Reasons: 1 Having considered the written, verbal, and photographic evidence submitted, the Board notes that the appeal pertains to an approval by the Development Authority of a development permit for revisions/changes to site plan (new site access, landscaping, expansion of parking) and change of use to school authority purpose - major at 1309 Kensington Road NW. The property is located in the community of Hillhurst and has a land use designation of Multi-Residential Contextual Grade-Oriented (M-CG) District pursuant to Land Use Bylaw 1P2007. 2 The Board has particular regard to the following sections of Land Use Bylaw 1P2007, including but not limited to: Section 35 states: Discretionary Use Development Permit Application 35 When making a decision on a development permit for a discretionary use the Development Authority must take into account: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) any plans and policies affecting the parcel; the purpose statements in the applicable land use district; the appropriateness of the location and parcel for the proposed development; the compatibility and impact of the proposed development with respect to adjacent development and the neighbourhood; the merits of the proposed development; the servicing requirements; access and transportation requirements; vehicle and pedestrian circulation within the parcel; the impact on the public transit system; and sound planning principles. Section 578(2)(d) lists School Authority Purpose - Major as a discretionary use in the M-CG District. Page 4 of 6
3 The Board has regard to the Area Redevelopment Plan (ARP). 4 The Board notes that proposed development as modified by the applicant requires some relaxations of Land Use Bylaw 1P2007 pertaining to landscaping. 5 At the hearing the applicant proposed modifications to the development in order to address the concerns of the appellant respecting the development and that reflect the compromise reached between the appellant and applicant. The applicant submitted amended plans to that effect. 6 The Board accepts the amended plans for the purpose of the appeal and application. 7 The appellant subsequently advised that they are agreement with the proposed changes to the development. The proposed changes satisfactory address the concerns of the appellant. The Board accepts this evidence for the purpose of the appeal. 8 The Board takes into account that the proposed changes to the development are acceptable to the Development Authority. 9 Furthermore, the Board finds that the proposed development as modified meets the ARP. 10 In addition, the Board finds that the required Bylaw relaxations are appropriate. They have no negative impact on the surrounding properties or on the amenities of the neighbourhood. Furthermore, the proposed landscaping for the site is an improvement over the current situation. The relaxations meet the criteria of section 687(3)(d) of the Municipal Government Act. 11 Having regard to the merits of the application and sound planning principles, the Board in keeping with section 35 of Land Use Bylaw 1P2007 finds that the proposed development as modified is compatible with the adjacent homes and neighbourhood, and is appropriate for the subject parcel. 12 In reviewing and weighing the evidence, the Board finds that the application warrants approval subject to an amendment/addition to the conditions of approval regarding the amended plans. 13 The Board amends the conditions of approval by adding a prior to release condition requiring amended plans as submitted at the hearing. The amended plans shall indicate the removal of the fence on the east, west and south side of the parcel, except at the location of the creative playground. Accordingly, the amended plans must include an annotation to that effect. Page 5 of 6
14 For the above reasons the Board allows the appeal in part and varies the decision of the Development Authority. 15 The development permit shall be issued as approved by the Development Authority subject to the above listed amendment/addition to the conditions of approval. Rick Grol, Chairman Subdivision and Development Appeal Board Issued on this 18 th day of March, 2014 Page 6 of 6