ST. PAUL - A request to rezone 20 acres of land on the eastern edge of the Town of St. Paul from Controlled Urban Development (CUD) to General Commercial District (C2) has gone through the first step of the process, which included the first reading of a rezoning bylaw on May 25.
The total size of the parcel of land is over 70 acres, and the remaining land will stay as CUD. The purpose of the rezoning is "To allow for commercial type of development to occur," according to a Land Use Bylaw Amendment Report presented to council.
The site is located on the east side of town, just beyond the Pet Value-Shoppers Drug Mart building.
A dwelling is located on the northwest side of the property, and the rest of the land is vacant farmland. The lands do not fall within a designated historic resource area, according to the report.
The lands to the south of the property are in the County of St. Paul. The lands to the northeast are zoned as C2, residential, and industrial. The lands directly north are zoned as C2.
The proposal meets the policies in the Municipal Development Plan, heard council. Aline Brousseau, director of planning and legislative services with the Town of St. Paul, noted that there are no specific intentions expressed for the land, and the rezoning would open the area up to any of the listed C2 uses. The complete list of C2 uses is included in the Town of St. Paul's Land Use Bylaw.
"It is important to note that the developer in their letter of intent indicates proposed commercial uses although, has not stated any specific intentions. If rezoned, the uses within the C2 zoning could be applied for," reads the report.
There is, however, a non-conforming dwelling on the property, and the Town has received legal advice on this. Brousseau said the land developer has acknowledged the section of the portion of the municipality's Land Use Bylaw where non-conforming buildings and uses are discussed. A letter included in the agenda package shows the developer did sign an acknowledgement of the non-conforming use. Names have been redacted in the documents provided in the agenda package.
Section 7.2 of the bylaw states, "A non-conforming use of land or a building may be continued, but if that use is discontinued for a period of 6 consecutive months or more, any future use of the land or building must conform to this Bylaw."
Also, "A non-conforming use of part of a building may be extended throughout the building but the building, whether it is a non-conforming building, may not be enlarged or added to and no structural alterations may be made to it or in it."
Coun. Norm Noel asked if the situation was similar to a recent rezoning request on the west end of town, where it was described as "piecemeal" development. In that situation, a potential developer was asking to rezone a piece of land that behind an existing residence, and leaving the front part along the highway, as residential.
In this case, the portion of land with the residence would be rezoned as commercial, which results in the building being a non-conforming use.
Mayor Maureen Miller asked if there would be a possibility that the home was subdivided off the property, to which Brousseau responded, saying the land would have to be rezoned to residential for that to occur.
CAO Kim Heyman confirmed that no new development could be added to the non-conforming building once the area is rezoned to C2.
Coun. Nathan Taylor asked about the possibility of the dwelling being turned into a bed and breakfast. While the use is listed in the bylaw, it is labelled as discretionary use in a C2 area.
Council approved first reading of the rezoning bylaw, which now allows for public input to be received.
*This story was updated on May 31, to reflect that names have been redacted in documents included in the meeting agenda package.
