City Council approved the bylaw at the Public Hearing on August 30, 2023. A recording of the meeting is available here.

The proposed amendment was considered by the Municipal Planning Commission on July 25, 2023. The report and meeting recording are available for viewing here.

Proposal

Meridian Development Corp., North Prairie Developments Ltd., and Remai Ventures Inc. have applied to amend the M4 - Core Area Institutional Service District, a zone located within Downtown Saskatoon (see map below).

The application proposes to amend the text of the M4 District's regulations to permit restaurants and lounges as accessory commercial uses within multiple-unit dwellings on sites fronting Spadina Crescent East between 19th Street East and 25th Street East.

The following regulations would apply to restaurants and lounges within a multiple-unit dwelling:

• Exterior access to the use is permitted;
• Drive-through access to the use is prohibited;
• An outdoor seating area may be permitted provided that the area does not exceed 93 square metres; and
• On-site parking for the use is required at a rate of 1 space per 10 square metres of area devoted to public assembly.

Offsale liquor stores, taverns, and night clubs will continue to be prohibited within multiple-unit dwellings.

Zoning Bylaw

The purpose of the M4 District is to facilitate a wide range of institutional, office, and community activities, as well as high density residential uses within and near the downtown.

Restaurants and lounges are currently permitted to be located within buildings in this zone used as a hotel, motel, office, medical clinic, art gallery, or museum under certain conditions (noted in the table below), and restaurants are permitted in commercial dwelling conversions.

Restaurants and lounges are not currently permitted within buildings used as a multiple-unit dwelling. Confectionaries, drug stores, and pharmacies are permitted as accessory commercial uses within multiple-unit dwellings provided that: any such use has access only from within the interior of the building; any such use is located on ground level; any such use has a floor area no greater than 56m²; and the building has at least 100 dwelling units.

The Zoning Bylaw provides the following definitions:

"Restaurant" means a place where the primary source of business is the provision of food prepared and served to patrons seated at tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a drive-through service.

"Lounge" means a room or area adjoining a restaurant set aside for the sale of beverage alcohol for consumption on the remises, with or without food, and where no area has been set aside for live dancing or entertainment, either in the lounge or in the adjoining restaurant. The area of the lounge may not exceed 50% of the public assembly area in the adjoining restaurant.

"Dwelling, multiple unit" means a building or portion thereof designed for or occupied as three or more dwelling units, but not including a motel, hotel, converted dwelling, street townhouse or townhouse.

While taverns and night clubs would not be permitted to locate in multiple-unit dwellings on the subject properties, definitions of these land uses are provided below for information and to further clarify the function of a "lounge" under the Zoning Bylaw.

"Tavern" means an establishment, or portion thereof, where the primary business is the sale of beverage alcohol for consumption on the premises, with or without food, and where no live entertainment or dance floor is permitted.  A brew pub may be considered a tavern if beverage alcohol is manufactured and consumed on site under a valid manufacturer’s permit in accordance with the Alcohol Control Regulations.

"Night club" means an establishment or portion thereof, where primarily evening or night time entertainment is provided, where beverage alcohol may be served to patrons for consumption on the premises, with or without food, and where a designated area for live entertainment or dancing during certain hours of operation is also provided.  A brew pub may be considered a night club if beverage alcohol is manufactured and consumed on site under a valid manufacturer’s permit in accordance with the Alcohol Control Regulations.

Official Community Plan

The Official Community Plan provides a long-term vision for Saskatoon and guides the physical, economic, environmental, social, and cultural development of the City. The Official Community Plan identifies Downtown for high-density mixed-use development that includes residential, commercial, institutional, recreational, cultural, and community uses.

City Centre Plan

The City Centre Plan is a strategic framework to guide the growth and development of Downtown Saskatoon. It notes that Spadina Crescent is limited in amenities and has opportunity for more evening activities such as restaurants, after-hours shopping, and recreation. A key strategy of the City Centre Plan involves creating a broad network of pedestrian priority streets in the Downtown, including Spadina Crescent, to foster urban infill projects, greater business development, and a more liveable city. Pedestrian priority streets have walkable design features, encourage pedestrian-oriented economic development, place making, and enhanced neighbourhood identity while accommodating vehicles.

Research Junction

In 2020, the University of Saskatchewan and City of Saskatoon undertook a study to learn how to increase demand for Downtown living in Saskatoon. Based on common planning practices in other Canadian cities and the results of a survey and focus group discussions with Saskatoon residents, one of the recommendations was that mixed-use buildings with active uses (such as retail and food establishments) on the main floors and residences of upper floors be encouraged to serve the Downtown neighbourhood.

All property in the City of Saskatoon is assigned a zoning designation under the Zoning Bylaw. Within each zoning designation, specific land uses are either permitted, discretionary, or prohibited.

Application to change the regulations of a zone or other section of the bylaw may be considered through a Zoning Bylaw text amendment application process, which includes review by City Administration and engagement with affected property owners and other stakeholders. Applications require a decision by City Council at a Public Hearing upon conclusion of the process.

When a zoning amendment application is received by Planning and Development, it is reviewed for conformity with the Official Community Plan, Zoning Bylaw, and other applicable city planning policies and development regulations.  It is also circulated to other Civic Departments to review technical considerations such as the capacity of water, wastewater, stormwater, and transportation infrastructure to accommodate the proposal.

Once internal review by the relevant Civic Departments is complete, public engagement on the application is undertaken. This phase of the process provides the opportunity for members of the public to review a proposal, ask questions, identify issues, and provide comment. Registered property owners, the Community Association, and the Ward Councillor are notified of the application and are invited to provide questions and comment. Other engagement activities may be undertaken based on public response to the proposal.

Following public engagement, Planning and Development prepares a report that includes a recommendation on the application, and outlines information collected from the internal review and public engagement processes.  The report is first considered by the Municipal Planning Commission, an advisory committee to City Council.  The final decision to approve or deny a proposed Zoning Bylaw amendment rests with City Council who considers the report and recommendation along with the Municipal Planning Commission’s feedback at a Public Hearing. Any member of the public is welcome to provide a written submission or address City Council regarding the application at the Public Hearing.