Discretionary Use Proposal

Chuck Hank has applied for Discretionary Use approval to develop a Residential Care Home - Type II at 442 Nightingale Bay in the Kensington neighbourhood. This site is zoned R1A - Low Density Residential District 1A under Bylaw No. 9990, 2024 The City of Saskatoon Zoning Bylaw (Zoning Bylaw). This zoning district permits residential development in the form of one- to four-unit dwellings as well as related community uses. A Residential Care Home - Type II is considered a Discretionary Use in the R1A District.

The Zoning Bylaw defines a Residential Care Home as a “licensed or approved group care home governed by Provincial regulations that provides, in a residential setting, 24-hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual”. Type II is defined as a “residential care home in which the number of residents, excluding staff, is more than five and not more than 15”.

Subject to Discretionary Use approval, 442 Nightingale Bay will be developed to accommodate a Residential Care Home - Type II with capacity for a maximum of fifteen (15) residents under care and two (2) staff members at any given time.

Parking and loading needs will be assessed during the review of the Discretionary Use and a minimum number of parking spaces may be required based on the proposed use, location, and parking plan. 

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What is a Discretionary Use?

All property in the City of Saskatoon is assigned a zoning designation. Within each zoning designation, specific land uses are either permitted, prohibited, or discretionary. A Discretionary Use is a land use that is generally consistent with the permitted uses in a zoning district. As per Section 4.7.2 of the Zoning Bylaw, a Discretionary Use may be allowed either at the discretion of City Council or City Administration. Either approving authority can approve, approve with conditions, or deny a Discretionary Use application.

The approving authority for a Residential Care Home – Type II in the R1A District is City Administration.

The Planning and Development Department evaluates Discretionary Use applications on a case-by-case basis considering the site itself, as well as the surrounding context including nearby land uses. A Discretionary Use approval is applied to a specific site, not the applicant. Any change in size or intensity of the use approved would require a new Discretionary Use application.

What is a Residential Care Home?

The Zoning Bylaw defines a Residential Care Home as a “licensed or approved group care home governed by Provincial regulations that provides, in a residential setting, 24 hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual”. Type II is defined as a “residential care home in which the number of residents, excluding staff, is more than five and not more than 15”.

What is the R1A Zoning District?

The R1A District is a Low Density Residential District under Bylaw No. 9990, 2024, The City of Saskatoon Zoning Bylaw (Zoning Bylaw). The purpose of the R1A district is to provide for residential development in the form of one- to four-unit dwellings as well as related community uses. Within the R1A District, a Residential Care Home - type II is listed as a permitted use.

Process for Reviewing a Discretionary Use Application

When a Discretionary Use application is received by the Planning and Development Department, it is circulated to internal Civic Departments to identify conformance or conflict with the Official Community Plan, the Zoning Bylaw, and any other applicable policies and regulations. Departments that review the application include Planning and Development, Transportation & Construction, Environment & Utilities, Fire & Protective Services, and Building Standards.

Once the application has been reviewed by internal Civic Departments, public consultation on the application is undertaken. Registered property owners typically within 150 metres of the subject site and the Ward Councillor are notified of the proposed Discretionary Use application as per the City’s Public Notice Policy. When considered necessary, a public information meeting may be held to provide information to area residents on the Discretionary Use application, answer questions, and receive feedback.

Process for Approving a Discretionary Use Application

Delegated to City Administration - Applications delegated to City Administration do not require a decision from City Council at a Public Hearing. Following the review process noted above, City Administration will consider the information collected from the internal review and public consultation processes and the application may then be approved, approved with conditions, or denied.

Delegated to City Council - Applications delegated to City Council require a decision during a Public Hearing. Following the review process noted above, City Administration will prepare a report for City Council's consideration containing information collected from the internal review and public consultation. Notice of the Public Hearing will be mailed to property owners within approximately 150m of the subject site and will contain information on the Public Hearing including the date, time, and instructions on how to submit a letter or request to speak at the Public Hearing. During the Public Hearing, City Council will consider the report and may either approve, approve with conditions, or deny the application.

Discretionary Use applications for a Residential Care Home - type II in the R1A District are delegated to City Administration for consideration.