Title
Request for Waiver to Section 16.14.7(a) Land Use Bylaw 2017-18
Plan 0926137, Block 1, Lot 2
Proposed Motion
That Council waive the twelve month waiting period for Development Permit No. 20-D-070 in accordance with Land Use Bylaw 2017-18, Section 16.14.7, as presented.
Body
Administration Recommendation
Administration supports the proposed motion.
Purpose
The landowner is seeking Council approval to waive Section 16.14.7(a) of the Land Use Bylaw 2017-18, following a refusal from an appeal to the Subdivision and Development Appeal Board on July 22, 2020.
Summary
On May 27, 2020, the Development Authority approved a development permit application for a proposed campground with event facility under Tourist Campground, Destination use class on the lands legally described as Plan 0926137, Block 1, Lot 2 (Attachment 1: Location Map, Attachment 2: Site Context, and Attachment 3: Original Site Plan - May 2020). The proposed development, under Development Permit No. 20-D-070, was appealed to and refused by the Subdivision and Development Appeal Board on July 22, 2020.
As per Land Use Bylaw 2017-18 Section 16.14.7(a), where an application for a development permit is deemed refused or cancelled by the Development Authority, or on a refusal from an appeal to the Subdivision and Development Appeal Board, the submission of another application for a development permit for the same or similar use on the same Parcel by the same or any other applicant may not be made for a period of twelve (12) months from the date of issue of the refusal, or cancellation. Section 16.14.7(b) provides exception to the aforementioned regulation where Council has by resolution waived the twelve (12) month waiting period (Attachment 4: Section 16.14, Land Use Bylaw 2017-18).
As per Attachment 5: Landowner Request for Waiver, the landowner is requesting that Council waive the twelve (12) month waiting period due to: 1) the recent reintroduction of Community Recreation Services use class ...
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