Moved byCouncillor Demong
Seconded byCouncillor Keating
Amendment:
That with respect to Recommendation 3 to Report C2018-0128, Attachment 3, "Proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites" be amended as follows:
on Page 1 of 2, Section B, "Planning Principles for Secondary Suites and Backyard Suites", Number 1, "Parking", Section B.1(a), by deleting the word "should" prior to the words "be provided" and substituting with the word "shall".
ROLL CALL VOTE:
| For: (11) | Mayor Nenshi, Councillor Chu, Councillor Colley-Urquhart, Councillor Davison, Councillor Demong, Councillor Farkas, Councillor Farrell, Councillor Jones, Councillor Keating, Councillor Magliocca, and Councillor Sutherland |
| Against: (4) | Councillor Carra, Councillor Chahal, Councillor Gondek, and Councillor Woolley |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Demong
Seconded byCouncillor Keating
Amendment:
That with respect to Recommendation 3 to Report C2018-0128, Attachment 3, "Proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites" be amended as follows:
on Page 1 of 2, Section B, "Planning Principles for Secondary Suites and Backyard Suites", Number 1, "Parking", Section B.1(b), by deleting the word "should" prior to the words "not be considered" and substituting with the word "shall".
ROLL CALL VOTE:
| For: (11) | Mayor Nenshi, Councillor Chu, Councillor Colley-Urquhart, Councillor Davison, Councillor Demong, Councillor Farkas, Councillor Farrell, Councillor Jones, Councillor Keating, Councillor Magliocca, and Councillor Sutherland |
| Against: (4) | Councillor Carra, Councillor Chahal, Councillor Gondek, and Councillor Woolley |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Demong
Seconded byCouncillor Keating
Amendment:
That with respect to Recommendation 3 to Report C2018-0128, Attachment 3, "Proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites" be amended as follows:
on Page 1 of 2, Section B, "Planning Principles for Secondary Suites and Backyard Suites", Number 1, "Parking", Section B.1(c)(vi), by deleting the word "should" prior to the words "not obstruct access" and substituting with the word "shall".
ROLL CALL VOTE:
| For: (8) | Councillor Chu, Councillor Colley-Urquhart, Councillor Davison, Councillor Demong, Councillor Jones, Councillor Keating, Councillor Magliocca, and Councillor Sutherland |
| Against: (7) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Farkas, Councillor Farrell, Councillor Gondek, and Councillor Woolley |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Demong
Seconded byCouncillor Keating
Amendment:
That with respect to Recommendation 3 to Report C2018-0128, Attachment 3, "Proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites" be amended as follows:
on Page 2 of 2, Section C, "Additional Policies for Backyard Suites", Section C.1(d), by deleting the word "should" prior to the words "be relocated to the front" and substituting with the word "shall".
ROLL CALL VOTE:
| For: (11) | Mayor Nenshi, Councillor Chu, Councillor Colley-Urquhart, Councillor Davison, Councillor Demong, Councillor Farkas, Councillor Farrell, Councillor Gondek, Councillor Jones, Councillor Keating, and Councillor Magliocca |
| Against: (4) | Councillor Carra, Councillor Chahal, Councillor Sutherland, and Councillor Woolley |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Demong
Seconded byCouncillor Keating
Amendment:
That with respect to Recommendation 3 to Report C2018-0128, Attachment 3, "Proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites" be amended as follows:
on Page 2 of 2, Section B, "Planning Principles for Secondary Suites and Backyard Suites", Number 4, "Cul-de-sacs", Section B.4(a), by deleting the word "may" prior to the words "consider the compatibility" and substituting with the word "shall".
Against: Councillor Woolley
MOTION CARRIED
Moved byCouncillor Farkas
Seconded byCouncillor Sutherland
Amendment:
That with respect to Recommendation 2 to Report C2018-0128, the recommendation be amended as follows:
2 a) Give first reading to Bylaw 24P2018; and
2 b) Direct Administration to:
i. explore an exemption for communities subject to a restrictive covenant where lot size and number of dwelling units are regulated by the covenant and
ii. bring back amendments to the proposed bylaw to exclude those communities from the application of secondary suites in the R-1, R-C1, R-C1L districts to Council, no later than 2018 May.
ROLL CALL VOTE:
| For: (6) | Councillor Chu, Councillor Davison, Councillor Demong, Councillor Farkas, Councillor Jones, and Councillor Sutherland |
| Against: (9) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Farrell, Councillor Gondek, Councillor Keating, Councillor Magliocca, and Councillor Woolley |
|
vote Type: Majority (Voted), Recorded
MOTION DEFEATED
Moved byCouncillor Davison
Seconded byCouncillor Woolley
That with respect to Councillor Sutherland's proposed amendment as follows, Council refer to Administration for further study and return to Council through the SPC on Planning and Urban Development as soon as possible:
That with respect to Recommendation 3 to Report C2018-0128, Attachment 3, "Proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites" be amended as follows:
on Page 2 of 2, Section B, "Planning Principles for Secondary Suites and Backyard Suites", add a new Section B.5. "Secondary suites are encouraged to be above grade when located in flood fringe areas. Should the suites be located below grade, they must show that they are compliant with the flood mitigation rules."
ROLL CALL VOTE:
| For: (5) | Councillor Chahal, Councillor Davison, Councillor Farkas, Councillor Magliocca, and Councillor Woolley |
| Against: (10) | Mayor Nenshi, Councillor Carra, Councillor Chu, Councillor Colley-Urquhart, Councillor Demong, Councillor Farrell, Councillor Gondek, Councillor Jones, Councillor Keating, and Councillor Sutherland |
|
vote Type: Majority (Voted), Recorded
MOTION DEFEATED
Moved byCouncillor Sutherland
Seconded byCouncillor Farrell
Amendment:
That with respect to Recommendation 3 to Report C2018-0128, Attachment 3, "Proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites" be amended as follows:
on Page 2 of 2, Section B, "Planning Principles for Secondary Suites and Backyard Suites", add a new Section B.5:
"5. Secondary suites are encouraged to be above grade when located in flood fringe areas. Should the suites be located below grade, they must show that they are compliant with the flood mitigation rules."
Against: Councillor Davison
MOTION CARRIED
Moved byCouncillor Chahal
Seconded byCouncillor Carra
Amendment:
That with respect to Recommendation 3 to Report C2018-0128, Attachment 3, "Proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites" be amended as follows:
on Page 1 of 2, Section B, "Planning Principles for Secondary Suites and Backyard Suites", Number 1, "Parking", add a new Section B.1(g):
"g. The Development Authority may consider relaxing the minimum required motor vehicle parking stall(s) in the District for properties that contain secondary suites and/or backyard suites and are located within 600 metres of LRT and BRT stations."
ROLL CALL VOTE:
| For: (7) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Farrell, Councillor Gondek, and Councillor Woolley |
| Against: (8) | Councillor Chu, Councillor Davison, Councillor Demong, Councillor Farkas, Councillor Jones, Councillor Keating, Councillor Magliocca, and Councillor Sutherland |
|
vote Type: Majority (Voted), Recorded
MOTION DEFEATED
Moved byCouncillor Magliocca
Seconded byCouncillor Chu
That Council reconsider its decision contained in the minutes of the 2017 December 11 Combined Meeting of Council with respect to Notice of Motion C2017-1249 that relates to the business licensing system for secondary suites.
ROLL CALL VOTE:
| For: (8) | Councillor Chu, Councillor Davison, Councillor Demong, Councillor Farkas, Councillor Jones, Councillor Keating, Councillor Magliocca, and Councillor Sutherland |
| Against: (7) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Farrell, Councillor Gondek, and Councillor Woolley |
|
vote Type: 2/3 (Present), Recorded
MOTION DEFEATED
Moved byCouncillor Demong
Seconded byCouncillor Chahal
That subject to Section 6(1) of Procedure Bylaw 35M2017, Council suspend Section 79 in order to complete Item 4.1, Report C2018-0128 or end at 10:30 p.m. whichever comes first, prior to recessing for the evening.
ROLL CALL VOTE:
| For: (10) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Demong, Councillor Farkas, Councillor Farrell, Councillor Gondek, Councillor Sutherland, and Councillor Woolley |
| Against: (5) | Councillor Chu, Councillor Davison, Councillor Jones, Councillor Keating, and Councillor Magliocca |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Farrell
Seconded byCouncillor Farkas
Amendment:
That with respect to Recommendation 3 to Report C2018-0128, Attachment 3, "Proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites" be amended as follows:
on Page 2 of 2, Section B, "Planning Principles for Secondary Suites and Backyard Suites", add a new Section B.6:
"6. Heritage
a. For parcels listed on the City Inventory of Evaluated Historic Resources, the Development Authority may consider relaxations to parking requirements (including the ability to accommodate the required parking off-site) in order to accommodate a secondary suite or backyard suite while retaining the existing building on site."
Against: Councillor Chu
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That with respect to Report C2018-0128, the following be adopted:
That Council:
1. Adopt the proposed amendments to Land Use Bylaw 1P2007; and
2. Give three readings to Bylaw 24P2018 (Attachment 10);
ROLL CALL VOTE:
| For: (9) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Davison, Councillor Farrell, Councillor Gondek, Councillor Keating, and Councillor Woolley |
| Against: (6) | Councillor Chu, Councillor Demong, Councillor Farkas, Councillor Jones, Councillor Magliocca, and Councillor Sutherland |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That with respect to Report C2018-0128, the following be adopted:
That Council:
3. Adopt by resolution the proposed Policy to Guide Discretion for Secondary Suites and Backyard Suites (Attachment 3), as amended;
ROLL CALL VOTE:
| For: (10) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Farkas, Councillor Farrell, Councillor Gondek, Councillor Keating, Councillor Sutherland, and Councillor Woolley |
| Against: (5) | Councillor Chu, Councillor Davison, Councillor Demong, Councillor Jones, and Councillor Magliocca |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That with respect to Report C2018-0128, the following be adopted:
That Council:
4. Give three readings to Bylaw 11M2018 (Attachment 4);
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That with respect to Report C2018-0128, the following be adopted:
That Council:
5. Adopt by resolution the 2018 Land Use Amendment Fee Schedule (Attachment 5);
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That with respect to Report C2018-0128, the following be adopted:
That Council:
6. Adopt by resolution the 2018 Planning Applications Fee Schedule (Attachment 6) to reintroduce fees; and,
7. Adopt by resolution the 2018 Planning Applications Fee Schedule (Attachment 7) to support the two-year amnesty.
ROLL CALL VOTE:
| For: (9) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Farkas, Councillor Farrell, Councillor Jones, Councillor Keating, and Councillor Woolley |
| Against: (6) | Councillor Chu, Councillor Davison, Councillor Demong, Councillor Gondek, Councillor Magliocca, and Councillor Sutherland |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That Bylaw 24P2018 be introduced and read a first time.
ROLL CALL VOTE:
| For: (9) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Davison, Councillor Farrell, Councillor Gondek, Councillor Keating, and Councillor Woolley |
| Against: (6) | Councillor Chu, Councillor Demong, Councillor Farkas, Councillor Jones, Councillor Magliocca, and Councillor Sutherland |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Farkas
Seconded byCouncillor Demong
Amendment:
That Bylaw 24P2018 be amended as follows:
Replace Bylaw 24P2018 with the following (deleting all references to backyard suites) and delete all references in the Policy:
1. The City of Calgary Land Use Bylaw, being 1P2007 of the City of Calgary, as amended, is hereby further amended as follows:
a) Insert new subsection 27 (2) (i.2) as follows:
(i.2) Secondary Suite in the R-C1L, R-C1 and R-1 Districts;
b) Delete subsection 351 (2) (a) and replace it with the following:
(a) in the R-C1L, R-C1Ls, R-C1, R-C1s, R-C1N, R-1, R-1s and R-1N Districts; or
c) Delete subsection 366 (2) and replace with the following:
(2) Parcels designated R-C1Ls are intended to accommodate a Secondary Suite as a permitted use on the same parcel as a Single Detached Dwelling.
d) Insert a new subsection 368 (e.1) and replace with the following:
(e.1) Secondary Suite;
e) Delete subsection 384 (2) and replace with the following:
(2) Parcels designated R-C1s are intended to accommodate a Secondary Suite as a permitted use on the same parcel as a Single Detached Dwelling.
f) Insert a new subsection 386 (1) (h.1) and replace with the following:
(h.1) Secondary Suite;
g) Delete subsection 444 (2) and replace with the following:
(2) Parcels designated R-1s are intended to accommodate a Secondary Suite as a permitted use on the same parcel as a Single Detached Dwelling.
h) Insert a new subsection 446 (h.1) and replace with the following:
(h.1) Secondary Suite;
2. This bylaw comes into effect 2018 March 13.
| For: (5) | Councillor Chu, Councillor Davison, Councillor Demong, Councillor Farkas, and Councillor Magliocca |
| Against: (10) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Farrell, Councillor Gondek, Councillor Jones, Councillor Keating, Councillor Sutherland, and Councillor Woolley |
|
vote Type: Majority (Voted), Recorded
MOTION DEFEATED
Moved byCouncillor Gondek
Seconded byCouncillor Farrell
That Bylaw 24P2018 be amended as follows:
A. Delete and replace section 2 with the following to clarify an exception for Backyard Suites (including laneway suites):
2. This bylaw comes into effect 2018 March 13, with the exception of subsections 1d), g) and j) (in reference to Backyard Suites) which come into effect on the date of approval by council of restrictive standards relating to the design of backyard suites across all land use districts.
B. Direct Administration to return to Council with:
1. the restrictive standards relating to the design of backyard suites across all land use districts (the “Standards”); and
2. a clerical amendment to the coming to in force date for Bylaw 24P2018, which coming into force date is the date of approval by Council of the Standards
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That Bylaw 24P2018 be read a second time, as amended.
ROLL CALL VOTE:
| For: (9) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Davison, Councillor Farrell, Councillor Gondek, Councillor Keating, and Councillor Woolley |
| Against: (6) | Councillor Chu, Councillor Demong, Councillor Farkas, Councillor Jones, Councillor Magliocca, and Councillor Sutherland |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That authorization now be given to read Bylaw 24P2018 a third time, as amended.
MOTION CARRIED UNANIMOUSLY
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That Bylaw 24P2018 be read a third time, as amended.
VOTE WAS AS FOLLOWS:
| For: (9) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Davison, Councillor Farrell, Councillor Gondek, Councillor Keating, and Councillor Woolley |
| Against: (6) | Councillor Chu, Councillor Demong, Councillor Farkas, Councillor Jones, Councillor Magliocca, and Councillor Sutherland |
|
vote Type: Majority (Voted), Recorded
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That Bylaw 11M2018 be introduced and read a first time.
MOTION CARRIED
Moved byCouncillor Keating
Seconded byCouncillor Demong
That Council refer Councillor Magliocca's proposed amendment to Bylaw 11M2018 as follows, direct the following to Administration for drafting proposed amendments to report to Council as soon as possible.
1) Under Section 7 “Removal from Registry” to include:
(1)(d) the registered suite receives three infractions to the Community Standards Bylaw.
(3) A suite is removed from the registry after a period of five years or when property title changes, unless the suite is re-registered and satisfies the requirements set out in section 5 and is inspected by The City under the safety codes and the Land Use Bylaw at the time of renewal.
MOTION CARRIED
Moved byCouncillor Magliocca
Seconded byCouncillor Chu
Amendment:
That Bylaw 11M2018 be amended in Schedule A "Penalties" as follows:
- fifth row, Section "6(2)", Description of Offence "Identify or represent unregistered suite as registered", the fourth column under Specified Penalty, the amount "$1000" be deleted and substituted with the amount "$5000"
- sixth row, Section "9", Description of Offence "Advertise or offer unregistered suite", the fourth column under Specified Penalty, the amount "$1000" be deleted and substituted with the amount "$5000"
ROLL CALL VOTE:
| For: (4) | Councillor Chu, Councillor Jones, Councillor Keating, and Councillor Magliocca |
| Against: (11) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Davison, Councillor Demong, Councillor Farkas, Councillor Farrell, Councillor Gondek, Councillor Sutherland, and Councillor Woolley |
|
vote Type: Majority (Voted), Recorded
MOTION DEFEATED
Moved byCouncillor Gondek
Seconded byCouncillor Chahal
Amendment:
That Bylaw 11M2018 be amended by deleting Section 4.2(b) in its entirety, to remove the fee for the application for registration of a suite.
ROLL CALL VOTE:
| For: (7) | Mayor Nenshi, Councillor Carra, Councillor Chahal, Councillor Colley-Urquhart, Councillor Farrell, Councillor Gondek, and Councillor Woolley |
| Against: (8) | Councillor Chu, Councillor Davison, Councillor Demong, Councillor Farkas, Councillor Jones, Councillor Keating, Councillor Magliocca, and Councillor Sutherland |
|
vote Type: Majority (Voted), Recorded
MOTION DEFEATED
Moved byCouncillor Keating
Seconded byCouncillor Woolley
That Bylaw 11M2018 be read a second time.
MOTION CARRIED
That authorization now be given to read Bylaw 11M2018 a third time.
MOTION CARRIED UNANIMOUSLY
That Bylaw 11M2018 be read a third time.
MOTION CARRIED
Council recessed at 10:30 p.m. and reconvened at 9:32 a.m. on Tuesday, 2018 March 13 with Mayor Nenshi in the Chair.