ST. PAUL - A hearing is set to take place this week relating to a development permit that was denied by the Municipal Planning Commission (MPC) for a liquor store proposed for downtown St. Paul.
On Aug. 17 at 1:30 p.m. a hearing with the Subdivision and Development Appeal Board (SDAB) will take place at the St. Paul Rec. Centre to hear all parties involved. The hearing is open to the public, confirmed Aline Brousseau, Director of Planning and Legislative Services with the Town of St. Paul.
The street address of the proposed liquor store is 4833-50 Avenue.
Lakeland This Week reached out to the Town of St. Paul to explain the process in place. Brousseau stated that the first step in the process is the development permit application being received by the Planning and Development staff. Then, municipal staff prepare an agenda that includes a report with site inspection photos, and how the proposal relates to the Town’s planning documents.
The MPC then meets and renders their decision. The MPC can approve a file with conditions, refuse the file with reasons, or table the file for more information.
“In this case, the MPC refused the file,” said Brousseau.
The Town of St. Paul’s MPC consists of three members of Council - Coun. Brad Eamon, Coun. Norm Noel, and Coun. Ron Boisvert.
“In this capacity, they act together as Planning Authority and not an elected official,” states Brousseau.
If the file is denied, the applicant can file an appeal, according to the Municipal Government Act (MGA), which is what happened.
Section 687 of the MGA states exactly who the SDAB may hear from. Initially, the case was heard by the Land and Property Rights Tribunal (LPRT), which is a provincial board although, they recently sent down the decision to the local Subdivision and Development Appeal Board (SDAB), explained Brousseau.
“The SDAB is now holding a hearing to hear all parties,” which means affected persons, the appellant, and the development authority. The SDAB may uphold the MPC's decision or overturn it, which would then approve the development permit.
Why was it refused?
According to a letter dated April 28, 2023, signed by Brousseau, notifying the applicant of the denial by the MPC, “the proposal is not consistent with surrounding land uses, particularly the land uses that are residential in nature and nearby uses are frequented by minors.”
The letter also states, “evidence of existing disruptive behaviour, criminal, or nuisance activities in the areas of the proposed development could be worsened by the presence of an additional store.”
Several documents are included in the hearing materials, including a letter from Trevor Kotowich, Director of Protective Services/Fire Chief with the Town of St. Paul.
In his letter, dated July 4, he states, “Loitering, public intoxication, and vandalism are complex social issues that can be influenced by various factors, including the proximity of where alcohol can be purchased and consumed. Addressing these problems requires effective enforcement of existing laws and regulations related to public behavior and alcohol consumption.”
He noted that St. Paul Municipal Enforcement deals with issues relating to these issues on a daily basis, and it is most notable in the downtown core and areas where some liquor stores already exist.
"By opening another one in the downtown core, will exacerbate this issue, and will create complex enforcement challenges with the Downtown Lion’s Park, which is directly across the street from this proposal... Recently, the St. Paul RCMP and St. Paul Municipal Enforcement developed a team approach to address the ongoing prolific drug and alcohol substance abuse in the Town of St. Paul,” explained Kotowich.
Over a period of four weeks, 34 provincial tickets for open liquor and public intoxication were issued. What Kotowich found alarming was that these tickets were issued within a two-block radius of the downtown core, “in the heart of the business community.”
According to documents from the appellant, “The Appellant takes the position that the Town of St. Paul (the 'Town') did not process the Development Permit Application for the Proposed Development in accordance with the applicable legislation, statutory plans, and requirements of the Town’s Land Use Bylaw (herein the 'Bylaw').”
The document from the appellant states, “It is respectfully submitted that there is no evidence that existing disruptive behaviour, criminal, or nuisance activities in the area of the Proposed Development could be worsened by the presence of this Liquor Store.”
The document further notes, “The public consumption of alcohol does not form a part of this Development Permit Application. Further, the public consumption of alcohol is restricted pursuant to the Alberta Gaming, Liquor and Cannabis Act.”
The appellant also notes that the building for the proposed store is currently vacant, and this liquor store would be an improvement to the premises.
As for the location specifically, the appellant noted, “It is respectfully submitting that approving the Development Permit would be consistent with the purpose of the C1 District.”
The document adds, “It is notable that the premises is located within one of the very few C1 Districts in the Town, the only C1 District in the downtown area.”
A deadline for written submissions for the upcoming hearing was set for Aug. 15 at noon, however, the public may attend Thursday's meeting if hey want to make a submission to the SDAB.
The SDAB is an independent quasi-judicial board independent of the Planning & Development Department of the Town. There is a panel of SDAB members that hear the file. The Town does not know who is sitting on this panel as it is independent from the Town, explained Brousseau.
