Exemption for zoning required to allow for Knowlton Micro-brewery plans to go forward
Following the consultation last week regarding the proposed plan to establish a micro-brewery in the Knowlton section of TBL many people congratulated the promoter for his great work. It looked like they felt that the decision to go ahead was perceived as a full go-ahead. But there is a way to go. The municipality is required by provincial law to follow legal protocol on the matter of required exemption in that particular zone before allowing the project to proceed.
Everything within the proposed Knowlton Micro-brewery plan conforms to the existing bylaws of TBL except one element. The current bylaw does not allow for a grain silo to be erected in the front yard of the lot at 576 Knowlton Road that would be designated as the Knowlton Micro-brewery.
That is why the town administration was required by law to call a public consultation meeting, a legal requirement when it comes to making modifications to accommodate certain conditions within the current bylaw for that particular lot. That required meeting was held on April 23 at the TBL Community Centre.
According to urbanist Marc-antoine Côté, who presented the legal framework of the situation related to zoning modification requirements, it is important for citizens to
understand that whether or not the brewing operation with a grain silo in front of the building would be accepted, any commercial operation could set up in that location. It could be a bar, or a restaurant or a store. These kinds of operations would raise the same concerns from citizens as those that were presented at the meeting on April 23. However, the town would not have to consult about them because they would conform to the existing by laws. The installation of a grain silo for the purpose of the beer making is what brings the project to a slight hurdle. An exemption to the bylaw must be made before sanctioning the micro-brewery project.
The SCAOPI (Specific Construction, Alteration or Occupancy Proposals for an Immovable) request for exemption to the existing zoning bylaw has already been made by Jim and Nick Allan of the Knowlton Micro-brewery to the town planning department. “The SCAOPI bylaw serves as an instrument of choice for large projects or with complexities inherent to their particular characteristics.”
Once the application is submitted these are the steps that must follow:
— The town planning department sends it to the Urban Planning Advisory Committee (CCU) and the Environment Committee (CEC). This has been done.
— After analysis, the CCU submits to the town council its recommendation to grant, with or without conditions, the application for authorization, or to refuse specifying the reasons for the refusal. This has been done.
— The planning department sends the municipal council the request accompanied by the recommendation of the CCU. Town council makes a decision to grant or deny the application for authorization of the particular project. The council may establish various conditions relating to the implementation of the project. The adoption by resolution of this first draft was done at the regular council meeting held on April 3, 2018.
— The resolution granting the approval of the specific project is subject to the consultation and approval procedures set out in the Act Respecting Land Use Planning And Development. A public consultation was held on April 23.
The second draft resolution will be adopted at the May 7 meeting followed by the public notice for participation in a referendum. If no valid requests are received within the eight-day timeframe, the resolution is deemed approved by the eligible voters. The final resolution will then be adopted at the June meeting, followed by MRC approval.