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Council votes in favour of zoning change for Dairy Queen

Builder to foot cost for streetlight upgrades, but not road in Black Diamond

A fast food franchise is one step closer to setting up in Black Diamond after town council gave the zoning bylaw amendment final reading earlier this month. 

Council passed the motion in a meeting on Dec. 2 to change the land use bylaw controlling the property on 4 Street SW and Centre Avenue from the current zoning, which allows for a 12-unit residential building, to zoning that would allow a Dairy Queen franchise to be built on the site. 

Tim Morrison, the would-be builder and owner of the Dairy Queen in Cochrane, said in a phone interview he is relieved to clear another hurdle.

“It was a relief. You know, it's been a fairly long, arduous process,” Morrison said.  “I thank all of them (council) in favour of us and against us for all their consideration in doing what they think is best for the town."

A point of contention in past meetings was town administration recommending the business owner put up the cost to pave 4 Street SW from Centre Avenue W to 1 Avenue SW with asphalt, where currently the entire length of the street is gravel. 

This is based on a policy maintained by the Town that developers front the costs for upgrading or creating infrastructure for their developments. 

Coun. Brian Marconi contended that this should not be on the shoulders of the business owner, who he said is simply creating an infill on lots, and not creating a new neighbourhood. 

"I know we use the City of Calgary standards as our standards, and I understand yes, you need standards, this is an infill build; it's not a whole area of development where there isn't roads or curbs, and there isn't major infrastructure,” Marconi said in a phone interview. 

"The infrastructure is there. The Town dug up the road to put infrastructure in and just didn't follow through and finish it properly. 

“So why should the builder be penalized to do something the Town should have done?” 

Marconi also said he believes the restaurant will benefit youth as a business that is estimated by Morrison to create approximately 30 jobs. 

“There's a benefit to the youth in town because they have a limited area where they can go to work,” Marconi said. 

"There's not many other places that can give them the work they're are looking for. Businesses in town are very small, and therefore they don't have a big opportunity for employment.” 

In the amended bylaw that received third reading, while the builder was off the hook for the road, there was a point added in a previous meeting that the development permit would require the business owner fund a light standard on the street, which would be installed by Fortis at an estimated cost of $9,000. 

The franchise owner is not across the finish line yet, as he will have to spend the coming months in the planning process. 

"The next step would be getting together with our contractor and applying for the development permit, which I think probably will take another handful of months to get through," Morrison said. "We are hoping if everything goes well, we're hopefully be able to break ground by May or June of 2021." 

He added that his son Nolan will be buying a home in the town as he relocates to manage the restaurant. 

"He and his girlfriend were sitting around our kitchen table last night listening with us. And they were excited with the prospect of finally getting to start looking seriously at houses the Black Diamond area," he said.

Morrison reiterated that he is confident the Dairy Queen will be able to significantly mitigate concerns cited in prior meetings, such as light, smell and traffic. 

"I've had quite a few conversations with both Dairy Queen and our contractor and put it to both of them to let them know that this is of vital importance for this project,” Morrison said. “We really want to have as little impact on the nearby houses as we possibly can so they can enjoy their properties.” 

He had also said in a past interview that he will be working with Dairy Queen and his contractor to make sure the restaurant is in keeping with the town’s aesthetics.

In answer to concerns presented in past meetings that the presence of the fast food chain may hurt local small businesses, Morrison said he believes his business model will be able to happily co-exist with and not threaten the town's unique restaurants that dot the town centre. 

"I think it is a little bit different clientele. I think those are more destination restaurants,” he said. “Those are places people are coming specifically to Black Diamond to visit. 

"And I don't think we were that — there's been there lots of restaurants in Cochrane in the downtown, that continued to thrive and get bigger and better after we moved in over 25 years ago,” he continued, citing boutique operations such as MacKay's Ice Cream. 

Coun. Ted Bain raised the point in council and later responded in an interview to comments made on social media that council had not considered the public’s opinion on the matter. 

"It was indeed a difficult decision, and I’m sure that each of us carefully considered both sides of the issue," he said. "I had seen comments (on social media that council is totally ignoring concerns). 

"And I just wanted to make it clear to people, but it sometimes hurts to hear that sort of thing. And I just, you know, let people know that yeah, we listened. We did read things. We did do some research. It wasn't just a matter of flipping a coin. 

"I would say all of the councillors that we have are conscientious. They do do their homework. They do read the things before meetings." 

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