CHARLOTTETOWN, P.E.I. — Construction on the new 260-bed residence at UPEI has cleared its final hurdle.
While work on the nine-storey building has continued on the Charlottetown campus, city council’s approval of the project was being appealed to the Island Regulatory and Appeals Commission.
The regulatory body has rejected that appeal, paving the way for construction to move forward.
IRAC decision
- “The commission finds the city’s modified public meeting process met, and exceeded, the relevant statutory obligations. In fact, the various forms of participation offered by the city went above and beyond the minimum requirements of the MGA and applicable bylaws. It also complied with the existing public health order in effect at the time, which limited, but permitted public meeting gatherings of up to five people."
A Charlottetown resident had appealed council’s decision on May 13 to adopt a bylaw for a site specific exemption allowing the building to exceed the maximum building height permitted in the institutional zone.
The structure at 550 University Ave. will be among the tallest in the city at 35.4 metres. The Holman Grand hotel on Grafton Street is 10 storeys and 39 metres tall, while the Delta Hotel by Marriott on Water Street is also 10 storeys and roughly 34 metres tall, according to Emporis.com. Both those hotels are downhill from the new residence, whose construction can be seen across the Hillsborough River in Stratford.
The resident who filed the appeal in May said the city’s public meeting procedure, adopted in response to the coronavirus (COVID-19 strain) pandemic did not meet the requirements of the city’s bylaw or the Municipal Government Act (MGA). In addition, the resident said the city’s decision was inconsistent with sound planning principles.
IRAC states the application to build the nine-storey residence was reviewed by the city’s planning staff, planning board and council. On March 9, council agreed to send the matter to a public meeting.
The meeting was slated to take part March 24 but was delayed to March 30 due to the onset of the pandemic. A new date was set for April 28.
The commissioned ruled that the public was sufficiently notified and given ample opportunity to provide input, via WebEx, live stream, attending in person (and adhering to physical distancing guidelines) or contacting the planning department.
“The commission finds the city’s modified public meeting process met, and exceeded, the relevant statutory obligations," the commission writes in its decision.
“In fact, the various forms of participation offered by the city went above and beyond the minimum requirements of the MGA and applicable bylaws. It also complied with the existing public health order in effect at the time, which limited, but permitted public meeting gatherings of up to five people."
Coun. Greg Rivard, chairman of council’s standing committee on planning, said Monday the appeal process is important to give residents an avenue should they disagree with a decision of council.
“That said, it is always reassuring when IRAC upholds a decision of council as it confirms that staff and council have followed and adhered to what is outlined in the city bylaws and planning act," Rivard said. “We believe this is a good project for Charlottetown, which is why council voted to approve it in the first place."
The Guardian reached out to UPEI for comment Monday but was told no one was available.
