A contentious application for the development of a new liquor store was the main highlight of the first meeting for Weyburn’s new city council since the civic election.
The matter had come up just before the election, and was initially turned down as the application was for a development permit for a new liquor store and warehouse in the former Olympia Fitness location, next door to Calvary Baptist Church on First Avenue NE.
After extensive discussion, the application was approved on Monday by a 5-2 vote, with councillors John Corrigan and Dick Michel opposing.
After the original motion was rescinded, the application was brought back before council with an amended report by planning and development coordinator Janine Fletcher, as changes were made to the original application for a development permit.
Even with the changes, which included improvements in the parking lot setup, and changing the term from “warehouse” to “stock room”, Fletcher said staff still opposed the permit being approved, because of neighbourhood concerns, back alley truck traffic and the buffer strip located at the rear of the property.
Repeating concerns she had in the original application, Fletcher said she could not approve it with the proposal for loading spaces in the rear part of the building with a nearby residential neighbourhood and the two churches close by, Calvary Baptist (with a playschool located there) and Silver Heights Bible Church.
The sticking point was the municipal buffer zone, and Fletcher noted this was backed by the Official Community Plan, the zoning bylaw and in a second opinion she obtained from a planner who is on retainer to the City, WSP.
Also, while changing the name of the warehouse to stock room, the intent of storage and distribution of liquor products still remains, and Fletcher reiterated that this use is not a permitted or discretionary use in that neighbourhood.
“I’m still of the opinion that this application should be refused,” she said.
In contacting the neighbours within a 75-metre radius, the two adjacent churches are maintaining their opposition to the proposed development, although the pastor of Calvary Baptist, Tim MacKinnon, suggested if the development is allowed anyway, possibly the City could ask that a fence be constructed to separate that property off from the view of the church.
Coun. Mel Van Betuw put forward the motion to support the development permit, saying, “I think council’s job is to make the big decisions. I struggled with this in the last two to three weeks, and I think if you put up a fence and planted trees, that would mitigate the noise.”
He added that his fear is this business would move elsewhere out of Weyburn if the City didn’t move to accommodate them, and noted most of the councillors who were elected ran on platforms of supporting economic development.
Coun. Ryan Janke, who was newly sworn in as the final new councillor, echoed Van Betuw’s comments, and said, “When a business comes to us, I think it’s incumbent on us to start with ‘yes’ and consider how we cam make this happen.”
He added one solution would be to allow the business to cross the buffer and not to sell a part of the buffer to them.
“I’m also in favour of things moving forward, but I do have some concerns,” said Coun. John Corrigan, asking why the loading doors couldn’t be in front of the business rather than behind it.
Fletcher explained that it is not permitted for big trucks to be loading or off-loading their product in the same parking lot as the customers would be using, and it would be preferable for the semi to park on a side street and load in from there.
Corrigan questioned if council would be setting a precedent to allow this development when there are so many reasons under the community plan and zoning bylaw why it shouldn’t be allowed.
“Zoning is done for a reason,” he pointed out, and added if it’s ignored every time a development comes along it will cause problems going forward.
Coun. Dick Michel also said he could not support this permit application, noting while he also believes in economic development, there has to be consideration for the residents on Clark Avenue.
“What really concerns me is what happens to the residents on Clark Avenue?” he asked, pointing out that Fletcher had made valid points that need to be respected.
The owner of the building, John Hulbert, said putting in a fence would not be a problem, and as to concerns about truck traffic going down the back alley, he noted the car dealership next door has trucks going in and out of there all the time. He also pointed out for the liquor store, there would only be a large truck going in once a week.
Coun. Jeff Richards suggested the possibility of selling a portion of the buffer zone, but Fletcher said all the advice she received, and the principles laid out in the city’s bylaws, is this would not be a good idea.
Mayor Marcel Roy weighed in on the discussion, saying he had a hard time going along with protecting this buffer zone along the back alley.
“This is a big litmus test for council, right here,” he added.
Coun. Richards defended the zoning bylaw, pointing out it can’t just be disregarded, and there is a process to follow to properly deal with these issues.
It’s fine to suggest making changes, he added, “but we have to do it for the right reasons, not just because we feel the need to.”
A suggestion was made about leasing the use of the buffer zone, but Fletcher pointed out the planning and development act does not allow for that possibility.
“My main concern is the residents that live there, and churches that have spoken out. They have made my decision, and it’s an easy one,” said Coun. Michel.
The motion for the permit was amended to allow for an agreement to be drawn up with the developer, and this was passed by council.
