Request for referendum approval – Second Draft By-law 2616 on Conditional Uses

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To: All interested persons having the right to sign a request to participate in a referendum:

Object: Second Draft By-law numbered 2616 and entitled:“By-Law on Conditional Uses.”

1. SECOND DRAFT BY-LAW AND APPLICATION FOR APPROVAL BY WAY OF REFERENDUM

Following the Public consultation meeting held on September 6, 2023 as well as the Regular Council Meeting held on October 16, 2023, the Côte Saint-Luc City Council has adopted a Second draft by-law numbered 2616 and entitled: “By-Law on Conditional Uses.”

The purpose of the by-law is to allow a person to submit an application to authorize a use that is eligible for the current procedure and that is not authorized in the zone concerned in the Zoning By-law. It allows City Council, after receiving an opinion from the Planning Advisory Committee, to evaluate the appropriateness of authorizing this use with respect to the evaluation criteria set out in this By-law and to subject this authorization to the conditions that it determines.

This Second Draft by-law contains provisions (Articles 2, 3) in respect of which interested persons may request that by-laws containing such provisions be submitted to the approval of qualified voters in conformity with the Act Respecting Elections and Referendums in Municipalities (C.Q.L.R., chapter E-2.2).

Information on which interested persons are entitled to sign an application with respect to the Second Draft by-law and on the tenor of an application may be obtained by communicating by e-mail or by telephone, with the undersigned. A template of the application form is available on the City’s website at the following link: CoteSaintLuc.org/engage or by submitting a request at the following email address: [email protected].

2. CONCERNED ZONE AND CONTIGUOUS ZONES

A sketch of the concerned zone as well as the contiguous zones from which an application may originate are annexed herewith to form an integral part thereof, to avail herein as if quoted hereinafter at length. You can also find your zone on the interactive zoning map at the following link: https://csluc.maps.arcgis.com/apps/instant/portfolio/index.html?appid=81b8ea1a506c406db9559829f1706497.

The concerned zone and the contiguous zones can be summarized as follows:

Concerned ZoneContiguous Zones
RU-1  PE-1, IR-1, RU-2, PM-1, RU-4, RB-1  
RU-21RU-42, RU-43, RB-6, IR-6, RU-23, RU-22, RM-24, PM-18
RU-32RB-8, IR-8, RU-31, PM-26, RU-36, RU-34, RU-33, RB-10, PM-27, RU-30, RU-28
RB-7RB-13, RM-63, RB-14, RU-26, RB-8, IR-7, RU-27, RU-25, RU-24

3. CONDITIONS FOR AN APPLICATION TO BE VALID

An application, in order to be valid must:

  • State clearly the provision (the article of the draft by-law) to which it refers and the zone or sector of a zone from which it originates;
  • Be received by the municipality by mail at the City Clerk’s Office (5801, Cavendish Boulevard, Côte Saint-Luc, H4W 3C3) or by email at the following address: [email protected] no later than November 23, 2023 at 4:30 p.m. Persons submitting requests by mail are encouraged to do so as quickly as possible to take into account the postal delivery delays;
  • Be signed by at least twelve (12) interested persons in the zone eligible to sign the application. However, should the aforementioned eligible zone contain 21 interested persons or less, the request shall require, in order to be valid, the signature of the majority of interested persons in that zone.

4. CONDITIONS TO BE CONSIDERED AN INTERESTED PERSON

An interested person is:

  • Any person who is not disqualified from voting and who fulfills the following conditions as of November 23, 2023:
    • Be domiciled in the territory of zone from which a valid application may emanate; and
    • Be domiciled at least since six months in Québec;
  • Any person who is not disqualified from voting and who is a sole owner of an immovable or occupant of a place of business as of November 23, 2023 and fulfills the following conditions:
    • Is, for at least the past twelve months, sole owner of an immovable or occupant of a place of business, within the meaning of the Act respecting municipal taxation (C.Q.L.R., chapter F-2.1) located in a zone from which a valid application may emanate;
    • Has produced or will produce at the same time of the application, a signed document by the said sole owner or occupant requesting to be placed on the referendum list.
  • Any person who is not disqualified from voting and who is an undivided co-owner or co-occupant of a place of business as of November 23, 2023 and who fulfills the following conditions:
    • Is, for at least the past twelve months, an undivided co-owner or co-occupant of a place of business in a zone from which a valid application may emanate;
    • Must have designated, from amongst themselves by a power of attorney signed by the majority of the undivided co-owners or co-occupants who, for at least the past twelve (12) months, were undivided co-owners or co-occupants (similar to the interested person that has the right to sign and be inscribed on the referendum list). The designation must have been produced or will be produced, at the latest, at the time of the application.

In the case of a natural (physical) person:

  • He must be of full age (18 years old), a Canadian Citizen and not under Curatorship.

In the case of a Company (personne morale)

  • He must exercise his rights through one of its members, administrators or employees designated for that purpose by resolution. The said member, administrator or employee must, on November 23, 2023, be of full age (18 years old), a Canadian Citizen and not have an incapacity as per the law; and
  • The said company must have produced or will produce at the same time of the application, a resolution designating the authorized person to sign the application and to be inscribed on the referendum list.

Except in the case of a person designated to represent a legal person, no one may exercise their right to sign the register in more than one capacity, pursuant to section 531 of the Act respecting elections and referendums in municipalities (C.Q.L.R., chapter E-2.2).

Further information regarding who may be considered interested persons as well as the manner in which a legal person (company) may exercise the right to sign an application, may be obtained by communicating with the Undersigned by e-mail or by telephone.

5. WHEN NO VALID APPLICATION IS RECEIVED

The provisions of the Second Draft by-law in respect of which no valid application is received may be included in a by-law that is not required to be submitted for the approval of the qualified voters.

6. WHEN A VALID APPLICATION IS RECEIVED

The provisions of the Second Draft by-law (Articles 2, 3), that were the object of at least one valid application received (as per the requirements stated in point 3 of this notice) may be included in a by-law that is required to be submitted for the approval of the qualified voters by way of a Register.

7.  CONSULTATION OF THE SECOND DRAFT BY-LAW AND OBTAINING OF DOCUMENTS

The second draft by-law may be consulted and obtained and an illustration of the concerned zone as well as the contiguous zones may be consulted, free of charge, at the municipal archives located at 5801 Cavendish Boulevard, between Monday and Friday during regular office hours, said hours being 9:00 a.m. to 4:00 p.m. or by consulting the City’s website at the following link: CoteSaintLuc.org/engage.

GIVEN IN CÔTE SAINT-LUC ON THIS 15th DAY OF NOVEMBER 2023.

Florine Agbognihoue
Assistant City Clerk

For further information please contact Patrick Aouad at 514-485-6800 ext. 1613 or at [email protected]