Town of Banff

LUB Working Group

Mandate

The Land Use Bylaw Working Group has been appointed by Council to provide advice and input on 3 Council motions relating to Commercial development in Banff. Click here to read the group's Terms of Reference.

Resources

 The Working Group has the ability to request information and other resources to assist them in their deliberations. This material is posted below:

Comparables (Formula Business):

Carmel-by-the-Sea, CA 

• Background Information ( PDF - 196 kb); Has prohibitions on formula fast food restaurants.

• Economic Metrics ( PDF - 73 kb); This document contains data on hotel room sales (1992 to 2009) as a metric of tourism expenditure after the introduction of these regulations.

 
Port Townsend, WA 

• Background Information ( PDF - 44 kb); Restricts formula businesses to specific locations in town, and caps their overall square footage. Additional restrictions are in place for formula restaurants.

• Economic Metrics ( PDF - 73 kb); This document contains data on retail sales activity (2003 to 2009) as a metric of tourism expenditure after the introduction of these regulations.

Coronado, CA

• Background Information ( PDF - 20 kb); Caps the number of formula restuarants (at 10), and requires that future locations not be on corners, and meet specific design standards.
• Economic Metrics - Hotel Tax Collected ( PDF - 73 kb); This document contains data on hotel tax collected (1998 to 2009) as a metric of tourism expenditure after the introduction of these regulations.
• Economic Metrics - Retail Sales ( PDF - 73 kb); This document contains data on retail sales activity (1998 to 2009) as a metric of tourism expenditure after the introduction of these regulations.

Qualicum Beach, BC

• Background Information ( PDF - 85 kb); Prohibits all fast-food restaurants. No distinction is made between formula and local businesses.

San Francisco, CA 

• Background Information ( PDF - 500 kb); Controls formula business through a mix of Permitted vs. Discretionary Uses, as well as prohibitions. This package contains policy goals, regulatory language, as well as a staff review of the policy.

 
Economic Activity in Banff
The Working Group requested information on Business Licenses issued in Banff over the past 10 years as a metric of economic activity.    

• Business License Activity in Banff (2002 - 2010)  ( PDF - 78 kb)
• Banff National Park Visitor Attendance Data (2000 - 2010) ( PDF - 80 kb) 
• Visitor Origin Data for Town of Banff ( PDF - 95 kb)
  

Commercial Reinvestment in a Discretionary Environment
The Working Group requested additional information on ‘uncertainty’ as it relates to Discretionary Uses (e.g. what is the level of uncertainty that comes with being a Discretionary Use?). Since 1990, the Town of Banff has processed 2,107 Development Permits. The Town has records for 1,307* of these Permits indicating who made a decision on the Permit, which in effect indicates whether the proposed use was Permitted or Discretionary (only Municipal Planning Comission can make a decision on a Discretionary Use). 397 of 1,307 Permits were considered by Municipal Planning Commission, with 360 of these being approved. Therefore the inferred approval rate for Discretionary Uses is approximately 90.7%.

* Early 1990’s records did not indicate the decision making body

2006 - 2010 Commercial Building Permit Values

Another indicator of commercial reinvestment in Banff is the dollar value of commercial building permits. The chart to the right indicates annual fluctuations in commercial building permit values for the period 2006 to 2010. This chart encompasses all commercial building permits, and not just those for discretionary uses.

The Mix of Formula and Independent Restaurants
The Working Group requested additional information on the existing mix of formula restaurants. The data below was assembled using business license data, and shows an approximate 75% local / 25% formula mix. Note that this data is for all restaurants, and not just fast-food. Additional information on the town-wide mix of formula and local businesses is available on the Community Plan Indicators webpage here.

2009 Business License Data - Formula Restaurant Mix ( PDF - 192 kb)


Public Feedback Received by Council ( PDF - 720 kb)
- Public feedback solicited by Administration during Phase 2 of the Land Use Bylaw review, primarily through a series of community outreach events.

Other Comparables (Required Housing):
- Resort Municipality of Whistler  ; requires all developers of commercial, industrial and tourist accommodation in Whistler to contribute to the affordable housing stock.

- Boulder, CO - Requires properties with residential development potential to set aside 20% of units as 'Permanently Affordable'

- Mt. Crested Butte, CO - Requires both residential and commercial developments to create affordable housing. The calcualtion mechanisms are available here ( PDF - 50 kb)

- Aspen / Pitkin County ( PDF - 500 kb); Funds affordable housing through a sales tax and real estate transfer tax

Other Comparables ("Spot Zoning" to retain services):
Zoning as a tool to retain Grocery Stores

    - This link is to a Sacramento Business Journal article on the use of zoning to retain access to a grocery store in Davis, CA. Another reference point on this story is theDANG website (Davis Advocates for Neighbourhood Groceries).
  
    - This link is to an Edmonton Journal article on restrictive covenants and grocery stores in Alberta. Of note, the study found that of 60 supermarket closures in Edmonton since 1970, 18 had a restrictive covenant associated with the sale and 14 of those are still in effect. Of the 18, 12 were placed by Canada Safeway.

Planning Commissioner's Journal article: Understanding Spot Zoning ( PDF - 20 kb)

Commercial Tax Rates in Alberta Municipalities ( PDF - 38 kb)    

Working Group Background Binder ( PDF - 2.5 mb)
- Terms of Reference; Relevant Community Plan information; etc...

Schedule

The Land Use Bylaw Working Group, has set out the following schedule for its meetings, which are open to the public and held at Town Hall (110 Bear Street):

• Thursday, September 29th from 4:30 to 7:00 pm
• Thursday, October 6th from 4:30 to 7:00 pm
• October 13th from 4:30 to 7:00 pm
• **Cancelled** October 17th from 4:30 to 7:00 pm **Cancelled**
• October 20th from 4:30 to 7:00 pm
• October 27th from 4:30 to 7:00 pm
• November 1st from 4:30 to 7:00 pm
• November 3rd from 4:30 to 7:00 pm
• November 7th from 4:30 to 7:00 pm
• **Cancelled** November 9th from 4:30 to 7:00 pm **Cancelled**
• **Added** Tuesday November 15th from 4:30 to 7:00 pm **Added**

Working Group Membership

Town Council Representatives:
• Brian Standish
• Stavros Karlos

Municipal Planning Commission (MPC) Representative:
• David Bayne
• Jay Harris (Alternate)

Public Members:
• Scott McElhone
• Allan Buckingham
• Patrick Roi
• Marc Ledwidge
• Elizabeth Hogg (Alternate)

Banff Lake Louise Hotel Motel Association:
• Gordon Lozeman
• Frank Denouden (Alternate)

Commercial Landlords of Banff:
• Graeme Nunn
• Ossi Treutler Jr. (Alternate)

Retail Sector:
• Suzannah Patmios
• Bec Johnson (Alternate)

Food and Beverage Sector:
• Nigel Walker
• James Sachkiw (Alternate)