REGULAR COUNCIL MEETING AGENDA January 25, :00 p.m.

Transcription

1 REGULAR COUNCIL MEETING AGENDA January 25, :00 p.m. CALL TO ORDER RECOGNITION AWARD - ALLAN SHENFIELD 1. ADOPTION OF AGENDA 2. ADOPTION OF MINUTES a. January 11, 2016 Regular Council Meeting Minutes and January 18, 2016 Committee of the Whole Meeting Minutes 3. PUBLIC HEARINGS a. C Land Use Bylaw Text Amendment South Ave - Levasseur b. C Land Use Bylaw Review Text Amendments - Levasseur 4. PRESENTATIONS 5. DELEGATIONS 6. PUBLIC QUESTION & ANSWER PERIOD 7. COUNCIL UPDATES 8. ADMINISTRATIVE UPDATES 9. BYLAWS a. C Second and Third Readings - Land Use Bylaw Text Amendment South Avenue - Levasseur b. C Second and Third Reading Land Use Bylaw Review Text Amendments - Levasseur 1

2 c. C Third Reading - Land Use Bylaw Amendment - Redistricting - RCMP Site - Levasseur c. C Third Reading - Tree Protection Bylaw - Levasseur 10. BUSINESS ITEMS a. Purchase of Diamond Grove RV Sani-Dump - Walker 11. INFORMATION ITEMS 12. CLOSED SESSION 13. BUSINESS ARISING FROM CLOSED SESSION ADJOURNMENT 2

3 Adoption of Minutes Item # 2. a. Regular Council Meeting Agenda Meeting Date: 01/25/2016 Title: January 11, 2016 Regular Council Meeting Minutes and January 18, 2016 Committee of the Whole Meeting Minutes Department: Corporate Services Recommendation That the January 11, 2016 Regular Council Meeting Minutes and the January 18, 2016 Committee of the Whole Meeting Minutes be approved as presented. Reasons for Recommendation To obtain Council's approval of the January 11, 2016 Regular Council Meeting Minutes and the January 18, 2016 Committee of the Whole Meeting Minutes. Background n/a Analysis n/a Options/Alternatives n/a Consultation/Engagement n/a Implementation/Communication n/a Impacts n/a Strategic Vision Element: Related Goal: Fiscal Impact 3

4 Financial Implications: n/a Attachments January 11, 2016 Regular Council Meeting January 18, 2016 Committee of the Whole Meeting 4

5 THE CITY OF SPRUCE GROVE Minutes of the Regular Meeting of Council held January 11, 2016 in Council Chambers Present: Mayor Houston, and Aldermen Baxter, Kesanko, McLean, Rothe, Steinburg and Turton Also In Attendance: Robert Cotterill, City Manager Diane Goodwin, General Manager of Corporate Services Corey Levasseur, General Manager of Planning and Infrastructure David Wolanski, General Manager of Community and Protective Services Glen Jarbeau, Manager of Finance Neil Riley, Manager of Human Resources Amanda Doucette, Acting Manager of Corporate Communications Kristi Starling, FCSS Supervisor FCSS Youth Carol Dunnigan, Community Development Coordinator - Recreation Tania Shepherd, City Clerk Marj Bradshaw, Recording Secretary Others Present: Loraine Berry, FCSS Project Manager CALL TO ORDER DRAFT Mayor Houston called the meeting to order at 6:00 p.m. 1. ADOPTION OF AGENDA (CS) Moved by Alderman Rothe that the agenda be adopted as presented. 2. ADOPTION OF MINUTES Regular Council Meeting Minutes January 11, 2016 a. December 14, 2015 Regular Council Meeting Minutes Carried (CS) Moved by Alderman Steinburg that the December 14, 2015 Regular Council Meeting be approved as presented. Carried 5

6 3. PUBLIC HEARINGS There were no Public Hearings scheduled on the agenda. 4. PRESENTATIONS There were no Presentations scheduled on the agenda. 5. DELEGATIONS a. Kidsport Parkland Presentation Lisa Smith and Carol Dunnigan, representing Kidsport Parkland came before Council to provide a brief history and general overview of the activities and services provided by their organization Moved by Alderman Baxter that the Kidsport Parkland presentation be received as information. b. Social Sustainability Plan Update DRAFT Carried Tim Moorehouse, consultant with Moorhouse and Associates Inc. and Loraine Berry, FCSS project manager, came before Council to provide an update on the Social Sustainability Plan for Spruce Grove Moved by Alderman McLean that the update on the Social Sustainability Plan be received as information. 6. PUBLIC QUESTION AND ANSWER PERIOD Carried There were no questions asked of Council. 7. COUNCIL UPDATES No Council Updates were provided. 8. ADMINISTRATIVE UPDATES There were no Administrative Updates provided. Regular Council Meeting Minutes January 11,

7 9. BYLAWS a. C Tree Protection Bylaw (P&I/CS) Moved by Alderman Turton that second reading be given to Bylaw C Tree Protection Bylaw. Carried b. C Land Use Bylaw Review Text Amendments (P&I/CS) Moved by Alderman Kesanko that first reading be given to Bylaw C Land Use Bylaw Review Text Amendments. 10. BUSINESS ITEMS a. Financial Reporting and Budgeting Software DRAFT Carried (CS) Moved by Alderman McLean that a corporate plan amendment be approved, as presented, to revise the capital initiative for financial reporting and budgeting software. 11. ACCEPTANCE OF INFORMATION ITEMS a. Various Board and Committee Meeting Minutes Moved by Alderman Rothe that the various board and committee meeting minutes presented be accepted as information. Carried Carried Moved by Alderman Baxter that Council go into Closed Session at 7:47 p.m. Carried Mayor Houston called for a recess at 7:48 p.m. Mayor Houston reconvened the meeting at 7:53 p.m. Regular Council Meeting Minutes January 11,

8 12. CLOSED SESSION Council went into Closed Session as permitted under the Freedom of Information and Protection of Privacy Act, RSA 2000, c.f-25 to discuss the following: a. Labour Relations Collective Bargaining IUOE b. Labour Relations Collective Bargaining IAFF Moved by Alderman Baxter that Council come out of Closed Session at 8:33 p.m. 13. BUSINESS ARISING FROM CLOSED SESSION There was no business arising from Closed Session. ADJOURNMENT Moved by Alderman Kesanko that the Regular Meeting adjourn at 8:34 p.m. DRAFT MAYOR RECORDING SECRETARY Carried Carried Regular Council Meeting Minutes January 11,

9 THE CITY OF SPRUCE GROVE Minutes of the Committee of the Whole Meeting held January 18, 2016 in Council Chambers Present: Mayor Houston and Aldermen Baxter, Kesanko, McLean, Rothe, Steinburg and Turton Also In Attendance: Robert Cotterill, City Manager Corey Levasseur, General Manager of Planning and Infrastructure David Wolanski, General Manager of Community and Protective Services Jennifer Hetherington, Manager of Corporate Communications Glen Jarbeau, Manager of Finance Susan Armstrong, Senior Planner Marion Garcia Banana, Acting Controller Tania Shepherd, City Clerk Marj Bradshaw, Recording Secretary CALL TO ORDER Mayor Houston called the meeting to order at 6:00 p.m. 1. ADOPTION OF AGENDA Moved by Alderman Rothe that the agenda be adopted as presented. 2. PRESENTATIONS DRAFT Carried There were no Presentations scheduled on the agenda. 3. BYLAWS There were no Bylaws scheduled on the agenda. Committee of the Whole Meeting Minutes January 18,

10 4. BUSINESS INFORMATION a. KPMG 2015 Audit Planning Report Taylor Rolheiser and Vanessa Paulencu with KPMG came before Committee to review the audit process in advance of the financial statement approval at the April 25, 2016 Council Meeting. Moved by Alderman Kesanko that the Audit Planning Report for the year ended December 31, 2015 be received as information. b. Canadian Parks and Wilderness Society Presentation DRAFT Carried Alison Ronson with the Canadian Parks and Wilderness Society came before Committee to provide an overview of the society s scientific mapping which illustrates areas of high priority for conservation in central and northern Alberta. Moved by Alderman McLean that the Canadian Parks and Wilderness Society be received as information. c. Municipal Development Plan Annual Progress Report Administration provided Committee with an update on the 2015 Progress Report for Your Bright Future, the City s Municipal Development Plan. Carried Moved by Alderman Baxter that the 2015 Municipal Development Plan Progress Report be received as information. Mayor Houston called for a recess at 7:47 p.m. Mayor Houston reconvened the meeting at 7:58 p.m. Carried Committee of the Whole Meeting Minutes January 18,

11 d Council Retreat Administration provided an overview of the expected deliverables for the upcoming 2016 Council Retreat being held on February 19-20, Moved by Alderman McLean that the information regarding the 2016 Council Retreat be received as information. 5. CLOSED SESSION Committee did not go into Closed Session. 6. BUSINESS ARISING FROM CLOSED SESSION ADJOURNMENT Moved by Alderman Kesanko that the Committee of the Whole Meeting adjourn at 8:40 p.m. DRAFT MAYOR RECORDING SECRETARY Carried Carried Committee of the Whole Meeting Minutes January 18,

12 Public Hearings Item # 3. a. Regular Council Meeting Agenda Meeting Date: 01/25/2016 Title: C Land Use Bylaw Text Amendment South Ave - Levasseur Department: Planning & Infrastructure Recommendation That those in attendance be thanked for their input. Reasons for Recommendation In order to proceed with second and third reading of this bylaw, Council must first continue and close the public hearing. Background The Public Hearing for Bylaw C was opened at the regular Council meeting of December 14, At that time, Council recessed the public hearing in order for Administration to provide public notice for a potential new use of Religious Assembly, Incubator that may be a more appropriate use than Religious Assembly at 470 South Avenue. Bylaw C has been revised to include a definition and related regulation for Religious Assembly, Incubator and to provide for this use as site specific discretionary use at 470 South Avenue. Both Religious Assembly and Child Care Facility have been deleted from Bylaw C To clarify the issues, Council must consider and determine the following: 1. Is the new use of Religious Assembly, Incubator an appropriate use for the City? 2. Is the new use of Religious Assembly, Incubator an appropriate use within the M1 - Industrial District at 470 South Avenue? 3. Alternatively, is the existing use of Religious Assembly an appropriate use within the M1 - Industrial District at 470 South Avenue? 4. Is Child Care Facility an appropriate use within the M1 - Industrial District at 470 South Avenue? For further information regarding this bylaw, please refer to the Request for Decision for second and third reading that has been forwarded to Council for consideration later in this agenda. 12

13 Analysis The associated RFD for second and third reading provides a full analysis of this proposed Land Use Bylaw amendment. Options/Alternatives n/a Consultation/Engagement Public hearing notices for the initial public hearing appeared on the City's website and in the newspaper on November 27 and December 4, To advertise the new proposed use and the re-convening of the public hearing, notices were also placed on the City's website and in the newspaper on January 8 and 15, In both instances, notice was mailed to landowners within, and adjacent to, the subject site. The public hearing notice is attached to this report for information. Implementation/Communication n/a Impacts n/a Strategic Vision Element: n/a Related Goal: n/a Public Hearing Notice Attachments 13

14 Dates: January 8 and 15, 2016 NOTICE TO RE-CONVENE PUBLIC HEARING BYLAW C LAND USE BYLAW TEXT AMENDMENT Site Specific: 470 South Ave It is the intention of Council to consider Bylaw C , a bylaw to amend the City of Spruce Grove Land Use Bylaw C The original public hearing opened on December 14, 2015 was recessed until January 25, Site Specific: 470 South Avenue The purpose of Bylaw C is to apply additional site specific discretionary uses at 470 South Avenue. The proposed discretionary uses being considered by Council are as follows: a. Child Care Facility; and, b. Religious Assembly Council is also considering a new discretionary, time-limited, incubator type religious assembly at 470 South Avenue. The draft definition of the new use is as follows: RELIGIOUS ASSEMBLY, INCUBATON: A Development used for religious worship and related religious, philanthropic or social activities and includes meeting rooms, located in an industrial district on a temporary basis, for a period of not more than three years. This use does not include Schools, accessory rectories, food preparation and service facilities, or dormitories. Draft Regulations: As a condition of development permit approval, the landowner shall grant to the City a restrictive covenant which recognizes that the use of surrounding parcels is predominantly industrial and prohibits the use for Religious Assembly, Incubation after the expiry of the time period for which the Development Permit is issued, not to exceed three years. REPRESENTATION: If you or someone you represent is affected by the proposed bylaws, you may address City Council at the public hearing. Monday, January 25, 2016 at 6 p.m. Council Chambers, City Hall 315 Jespersen Avenue Written submissions will be received by the City Clerk until noon on Wednesday, January 20, Written representations received before the designated time will be reviewed before oral presentations are heard. 14

15 Dates: January 8 and 15, 2016 Copies of the proposed bylaws are available from the Planning and Development Department, 414 King Street, 8:30 a.m. to 4:30 p.m., Monday to Friday. QUESTIONS: Call Michael Reyes, Planner 1, at (780) ext

16 Public Hearings Item # 3. b. Regular Council Meeting Agenda Meeting Date: 01/25/2016 Title: C Land Use Bylaw Review Text Amendments - Levasseur Department: Planning & Infrastructure Recommendation That Council thank those in attendance for their input. Reasons for Recommendation The public hearing is a requirement under the Municipal Government Act and allows any party who may be affected by the bylaw to submit information to Council for consideration. Background First reading of this Bylaw was received on January 11, The Planning and Development Department undertakes an annual review of the Land Use Bylaw and proposed Bylaw C is an administrative update. This is the third such update that Administration has undertaken. The intent is to fine tune regulations, eliminate ambiguities, fix typographical errors, and provide clarity where omissions have been noted. In particular, in some land use districts, those items that directly relate to use are proposed to be moved from the regulation sections to the use sections to improve function and clarity. Analysis The attached chart entitled "Land Use Bylaw C Annual Review Proposed Amendments" itemizes all of the proposed amendments as well as the rationale for the proposed changes. To characterize the nature of the proposed amendments, some improve the clarity of use provisions, some provide for the inclusion of definitions for uses where definitions have been overlooked, a number provide for the consistent use of Canadian spelling and to correct typographical errors, and some provide for consistent use names. Options/Alternatives Not applicable. Consultation/Engagement 16

17 The proposed amendments were collected over 2015 from Administration and the development industry, and have been circulated throughout Administration for feedback and understanding. The Spruce Grove Chapter of the Urban Development Institute (UDI) was solicited for any errors and omissions and they identified no concerns with the Land Use Bylaw. UDI was also directly notified of the public hearing. An advertisement for this public hearing was placed in the Spruce Grove Examiner on January 8 and 15, 2016, as well as on the City's website. Implementation/Communication Not applicable. Impacts The impacts are discussed in the report for second and third reading in this agenda. Strategic Vision Element: This topic relates to all three of the City s strategic vision elements contained in Council s Strategic Plan Related Goal: Attachments Bylaw No. C Land Use Bylaw No. C Annual Review Proposed Amendments Public Hearing Notice C

18 THE CITY OF SPRUCE GROVE BYLAW C LAND USE BYLAW REVIEW TEXT AMENDMENTS WHEREAS, pursuant to the Municipal Government Act, R.S.A., 2000, c.m-26, a municipality shall pass a land use bylaw and may amend the land use bylaw; AND WHEREAS, the City of Spruce Grove wishes to amend Bylaw C , the Land Use Bylaw for the City of Spruce Grove; NOW THEREFORE, the Council for the City of Spruce Grove, duly assembled hereby enacts as follows: Bylaw C is amended as follows: 1. By adding the following in bold and deleting the following in strikethrough: SECTION 7 DEFINITIONS ADULT ENTERTAINMENT FACILITY (a) A Development or part thereof where, for any consideration, live performances are held, the central feature of which is a Specified Act or Specified Body Area; or (b) Any cinema where motion pictures or videos, or similar electronic, digital, photographic reproductions are shown or displayed, the central feature of which is a Specified Act or Specified Body Area; and (c) More than 26% of the inventory is used to display items for sale or rent, the central feature of which is a Specified Act or Specified Body Area, including items meant to stimulate or are reproductions of a Specified Body Area. Typical uses include, but are not limited to, adult mini theatres, strip clubs or shows, peepshows and adult video stores. AUTOMOTIVE SERVICE CENTER CENTRE A Development used for the repair and maintenance of vehicles which excludes the sale and distribution of petroleum products. Page 1 of 20 18

19 Bylaw C Page 2 of 20 BED AND BREAKFAST ESTABLISHMENT A Dwelling occupied by the property owner and used incidentally to provide accommodation to overnight guests for commercial purposes. Up to three rooms may be rented and parking must be provided On Site. CANTILEVERED WALL A projection of part of an exterior wall of a building not supported by foundation wall for the purpose of accommodating a bow or bay window, shelving units, closets, a fireplace, or a portion of a bathroom. At no time shall a cantilevered wall section extend the entire length of a room. CHILD CARE FACILITY A Development used to provide care and supervision, but not overnight accommodation, to seven or more children under the age of thirteen. Typical Uses are day care centers centres, before and after school care, and pre-schools. COMMERCIAL SCHOOL, NON-INDUSTRIAL A Development for privately funded instruction and education which may or may not offer courses equivalent to those at public education facilities, but shall not offer courses related to industrial training. This use may include private instruction as a Home Occupation. COMMUNICATION TOWER Any tower used to provide a broad range of communication services through the transmitting, receiving or relaying of voice and data signals such as radio, cellular, broadcast, and wireless date. For the purposes of this Bylaw, this excludes Radio Antenna. Examples include cell phone towers and wireless internet towers. EMERGENCY MEASURE Any activity that is intended to mitigate the effects of an emergency or disaster and is to provide for the safety, health or welfare of people and the protection or property and the environment in the event of such an occurrence. 19

20 Bylaw C Page 3 of 20 FAMILY DAY HOME A Development Use accessory to a Principal Dwelling used to provide care and supervision, but not overnight accommodation, for four to six children or adults. This number shall include any children under the age of five who are otherwise permanent residents of the Dwelling. FLOOR AREA GAS BAR The greatest horizontal area of a Building above Grade within the outside surface of exterior walls or within the glass line of exterior walls and the centerline centreline of fire walls, but not including the Floor Areas of elements of a Building such as basements, elevator shafts, attached Garages, Parking Structures, Accessory Buildings or garbage storage areas. A Site or portion of a Site used for the sale of gasoline, propane and other fuels, which may include the sale of other motor vehicle fluids and accessories, but does not include Service Stations or Automotive Service Centers Centres. LIMITED GROUP HOME GROUP HOME, LIMITED PARK A Residential Care Facility residential care facility which is recognized, authorized, licensed or certified by a public authority such as a social care facility intended to provide room and board for six residents or less, exclusive of staff or family members residing in the home, for disabled persons or persons with physical, mental, social or behavioral behavioural problems. This facility may provide for the personal rehabilitation of its residents either through self-help or professional care, guidance and supervision. The residential character of the Dwelling shall be primary; with the occupants living together as a single housekeeping unit and using shared cooking facilities. This Use does not include active treatment centers centres such as drug or alcohol treatment or housing facilities for convicts or ex-convicts (See Group Care Facility). A specific-use open space area that is managed to provide opportunities for recreation, education, cultural or aesthetic use but shall not include an area for School purposes. 20

21 Bylaw C Page 4 of 20 PARK AND RIDE FACILITY A facility and public transportation transfer point that includes a Parking Lot used by regional commuters to park their vehicles or bicycles, and then use public transit for the remainder of their journey. Potential Park and Ride Facilities are identified in the Transportation Master Plan. PARKING FACILITY A Site or part of a Site for the parking of vehicles and includes the parking spaces and all other areas required for vehicular access and circulation within the facility. This Use shall not include vehicle storage or parking that is accessory to a principal use. PUBLIC UTILITY BUILDING A Building or Development used to provide a utility to the public, as per the Municipal Government Act. This shall not include offices. RADIO ANTENNA An accessory structure consisting of a device and its support structures designed to receive and transmit radio waves for limited commercial uses and non-commercial uses such as commercial fleet services and amateur radio operators. This definition does not include satellite dish antennas or communication towers. Examples include radio antennas used for commercial fleet dispatch and ham (or hobby) radio antennas. SALES CENTER CENTRE A Temporary Building erected or moved onto a Site to provide information about the type of Development occurring on the Site or in other parts of a Development area. SITE, CORNER A Site at the intersection of two or more Streets other than Alleys and shall include a Site that is bordered by two Streets that meet but do not intersect. SURVEILLANCE SUITE A Dwelling or a Mobile Manufactured Home used solely to accommodate a person or persons related as family, or an employee, whose function is to provide surveillance, maintenance and/or security for a Development. The 21

22 Bylaw C Page 5 of 20 Surveillance Suite shall form part of the Development with which it is associated and clearly be an Accessory Use of the Site on which it is located. TRANSIT TRANSFER CENTRE A convenient focal point for several bus routes to connect and allow transfer activities by passengers. Transit Transfer Centres can be standalone facilities, or can include Park and Ride Facilities, or can be integrated into higher density land Uses to access the higher ridership potential. 2. By adding the following in bold and deleting the following in strikethrough: SECTION 11 WHERE A DEVELOPMENT PERMIT IS NOT REQUIRED (1)(g) Hard Surfacing of any area on a residential Site for the purpose of providing vehicular access from a Street or alley to the required On Site Parking Stall(s), unless the Hard Surfacing exceeds m in width. (1)(j) The erection of flagpoles and other poles not exceeding 4.5 m in Height, provided it is not located in a Side or Front Yard, or on a Building or structure and meets the required Setbacks for Accessory Buildings. Notwithstanding, flags and banners are regulated under Section 96 of this Bylaw. (1)(u) An emergency measure, undertaken only by the City of Spruce Grove or by a contractor on behalf of the City. 3. By adding the following in bold and deleting the following in strikethrough: SECTION 16 NOTICE OF DEVELOPMENT PERMIT DECISION (5) When a Development Permit is approved for a Discretionary Use, or a variance is granted, the Development Officer shall provide notice to the community by undertaking any or all of the following: (a) Publishing a notice in the local newspaper; (b) Mailing a notice to all assessed property owners who may be affected by the proposed development, or those assessed property owners within 30.0 m of the subject Site, at the discretion of the Development Officer; and/or (c) Posting a conspicuous notice on the subject Site. Posting a notice on the City s website. 22

23 Bylaw C Page 6 of By adding the following in bold: SECTION 18 VALIDITY OF DEVELOPMENT PERMITS (5) The Development Officer or Council may extend the period of time that a development permit is valid for a period not to exceed twelve (12) months, as long as the development that is the subject of the development permit has commenced within twelve (12) months from the date of the issuance of the development permit or, in the opinion of the Development Officer or Council, has been carried out with reasonable diligence. 5. By adding the following in bold and deleting the following in strikethrough: SECTION 22 NON-CONFORMING USES AND BUILDINGS (6) A non-conforming Building that is damaged or destroyed to the extent of more than 75% of the market assessed value of the Building above its Foundation cannot be repaired or rebuilt except in accordance with this Bylaw. 6. By adding the following in bold and deleting the following in strikethrough: SECTION 30 DESIGN AND APPEARANCE OF BUILDINGS (4) Any commercial non-residential Building that has exterior wall length greater than 25.0 m shall incorporate architectural features in an effort to minimize the Building s mass to the satisfaction of the Development Officer. Such architectural features could include the use of: (a) Multiple colors colours, (b) Differing, but complementary finishes and textures, (c) Landscaping;, (d) Recessing portions of the visible Frontage, (e) Awnings, and (f) Varying roof lines. 7. By adding the following in bold and deleting the following in strikethrough: SECTION 44 PROJECTIONS INTO SIDE YARDS (PRINCIPAL BUILDINGS) 23

24 Bylaw C Page 7 of 20 (4) Unenclosed stairs and landings required for access to the main floor or lower floor of the Principal Building may project up to 1.0 m into the required Side Yard Setback up to 0.6 m from any property line. 8. By adding the following in bold: SECTION 47 RESTRICTED OBJECTS IN YARDS (1) All Buildings and Sites shall comply with the Nuisances, Unsightly and Untidy Premises Bylaw and the Construction Site Cleanliness Bylaw. 9. By adding the following in bold: SECTION 52A CONTROL OF NUISANCES (1) In any land use district, no storage or activity may be undertaken that would, in the opinion of the Development Officer: (a) Unduly interfere with the amenities of the district, or (b) Materially interfere with or affect the use, enjoyment or value of adjacent or nearby properties, or (c) Constitutes a danger or annoyance to persons on the site, on a public property or on a site in the vicinity to it. 10. By adding the following in bold: SECTION 53 ACCESSORY BUILDING (2) An Accessory Building shall not be used as a Dwelling, except where it contains a Garage Suite or Garden Suite in accordance with Section 67. (3) Accessory Buildings in residential districts may include, but are not limited to garages, carports, sheds, storage buildings, gazebos, decks, sundecks, permanently installed private swimming pools and hot tubs. Fabric covered buildings, used for storage purposes, are prohibited in all residential districts. 11. By deleting the following in strikethrough: SECTION 62 CHILD CARE FACILITIES (2) The Development Officer shall, when deciding whether to approve or refuse a Child Care Facility in a commercial or industrial District, take into account, 24

25 Bylaw C Page 8 of 20 among other matters, traffic, noise and proximity to hazardous uses to ensure the proposed Child Care Facility is in an appropriate location. 12. By adding the following in bold and deleting the following in strikethrough: SECTION 66 FAMILY DAY HOMES (1) A Family Day Home: (a) Shall not be located in a Dwelling containing another a Home Occupation; (b) May require privacy screening that prevents visual intrusion into any outdoor play areas; (c) May require Provincial or Family Day Home Agency approval. 13. By adding the following in bold and deleting the following in strikethrough: SECTION 70 HOME OCCUPATIONS (2) A resident who intends to carry out a Home Occupation, where allowed as a Discretionary Use, shall make application for a Development Permit and shall, if given approval, comply with the following provisions: (a) The Home Occupation shall be operated as a secondary Use only and shall not change the principal character or external appearance of the Dwelling involved. (b) There shall be no outside display or storage of materials, commodities, or finished products. (c) There shall be no mechanical or electrical equipment used which creates visual, audible or electrical interference with radio or television reception. (d) No commodity other than the product or service of the Home Occupation shall be sold on the premises. (e) A Home Occupation shall not employ persons other than residents of the Dwelling. No employee of a Home Occupation, other than a resident of the Dwelling, shall undertake any work at the Dwelling, including parking of their motor vehicle. (f) If, at any time, any of the requirements for Home Occupations have not been complied with, the Development Officer may suspend or cancel the Development Permit. 25

26 Bylaw C Page 9 of 20 (g) A Home Occupation that attracts clients, customers, or students to the premises shall be limited to a maximum of six persons in attendance at any one time. (h) A Site containing a Home Occupation shall not contain a Secondary Suite, Garage Suite or Garden Suite. 14. By adding the following in bold and deleting the following in strikethrough: SECTION 74 SALES CENTRES (4) A Sales Center Centre shall not operate for a period greater than twentyfour months, unless the Developer applies for and receives an extension from the Development Officer. (5) Sites containing Sales Centers Centres shall be located and developed such that their impacts on local Streets and surrounding residential Development are minimized. In deciding upon an application, the Development Officer shall take into consideration the scale of the Residential Sales Centre, its proximity to Arterial Roads or Collector Roads, and to occupied residential Development. (6) A Sales Center Centre shall be maintained in an orderly manner and shall have hard surface access for pedestrians. 15. By adding the following in bold and deleting the following in strikethrough: SECTION 78 SURVEILLANCE SUITES (6) When the Surveillance Suite is a Mobile Manufactured Home, the unit shall have CSA certification, with proof submitted as part of the application. The Mobile Manufactured Home shall be secured to a foundation and properly skirted to the satisfaction of the Development Officer. The exterior treatment shall be compatible with other Buildings on the Site and adjacent Sites. 16. By adding the following in bold and deleting the following in strikethrough: SECTION 84 MINIMUM PARKING STALL WIDTH AND DEPTH Parking Angle Table 1 Minimum Parking Space Dimensions (a) (b) (c) (d) (e) (f) Space Overall Width Depth Space Depth Perpendicular to Aisle Space Width Parallel to Aisle Maneuvering Aisle Width 26

27 Bylaw C Page 10 of 20 Standard Car Spaces 0 o 2.7 m 2.7 m 7.0 m 9.0 m One way 3.6 m 30 o 2.7 m 5.2 m 5.5 m 14.0 m One way 3.6 m 45 o 2.7 m 5.8 m 4.0 m 15.2 m One way 3.6 m 60 o 2.7 m 6.1 m 3.0 m 18.2 m One way 6.0 m 90 o 2.7 m m 2.7 m 19.5 m 7.3 m Small Car Spaces 0 o 2.3 m 2.3 m 6.4 m 7.6 m One way 3.0 m 30 o 2.3 m 4.6 m 4.6 m 12.2 m One way 3.0 m 45 o 2.3 m 5.2 m 3.3 m 13.4 m One way 3.0 m 60 o 2.3 m 5.5 m 2.3 m 16.4 m One way 5.4 m 90 o 2.3 m 5.5 m 2.3 m 17.7 m One way 6.7 m 17. By adding the following in bold and deleting the following in strikethrough: SECTION 85 NUMBER OF ON SITE PARKING STALLS REQUIRED (2) The minimum number of On Site Parking Stalls required for each Use of Building or Development shall be as follows: RESIDENTIAL Single Detached, Semi- Detached, Duplex, Street Oriented Row Housing, Mobile Manufactured Homes in Subdivision or Court Multi-Unit Dwellings and Row Housing (excluding Street Oriented Row Housing) Garage Suite, Garden Suite, Secondary Suite Bed and Breakfast Establishments Boarding or Lodging Establishments Home Occupations MINIMUM NUMBER OF PARKING STALLS Two Parking Stalls per Dwelling. One Parking Stall may be in tandem. For a one-bedroom Dwelling or a bachelor suite: One Parking Stall; for a two-bedroom Dwelling: 1.5 Parking Stalls; for a Dwelling with three or more bedrooms: two Parking Stalls. In addition, One guest Parking Stall per every seven Dwellings shall be within line of sight of a public entrance of the Building and must be clearly identified as Guest Parking. One Parking Stall per suite. One stall per guestroom. One stall per two sleeping units As required by the Development Officer 27

28 Bylaw C Page 11 of 20 COMMERCIAL Retail Store, Convenience with or without Gas Bars Professional, Financial and Office; Business Support Services Commercial Uses in the C1 City Center Centre Commercial District Any commercial Use not listed separately in this Section Eating and Drinking Establishments Hotels and Motels Health Services Any commercial use where multiple tenants have common interior pedestrian circulation areas and shared access MINIMUM NUMBER OF PARKING STALLS 2.5 stalls per m2 plus one per pump island. One Parking Stall per 45.0 m² of Gross Floor Area. One Parking stall per 55.0 m² of Gross Floor Area. For the first m2, one Parking Stall per 30.0 m² of Gross Floor Area; for the next m2, one stall per 25.0 m² of Gross Floor Area; for the remaining floor area, one stall per 20.0 m² of Gross Floor Area. One Parking Stall per 5.0 m2 of seating area plus one Parking Stall for each two employees. One Parking Stall per rentable unit plus one Parking Stall for every three employees. One Parking Stall per 35.0 m² of Gross Floor Area. For the first m2, one Parking Stall per 30.0 m2 of Gross Leasable Area; for the next m2, one stall per 25.0 m2 of Gross Leasable Area; for the remaining floor area, one stall per 20.0 m2 of Gross Leasable Area. 18. By adding the following in bold and deleting the following in strikethrough: SECTION 88 APPLICABILITY (2) In any district all required Yards and all open spaces or undeveloped areas excluding parking areas, driveways, Sidewalks, outdoor storage and service areas shall be landscaped in accordance with a landscaping plan. The following districts shall be exempt from this requirement: (a) R1 Mixed Low to Medium Density Residential District; (b) RE1 Established Neighborhood Residential District 1; (c) RE2 Established Neighborhood Residential District 2; (d) GMR Greenbury Village Mixed Residential; (e) HLC Hawthorne Lifestyle Community District; 28

29 Bylaw C Page 12 of 20 (f) RMHC Mobile Manufactured Home Court District; and (g) RMHS Mobile Manufactured Home Subdivision Residential District. 19. By adding the following in bold and deleting the following in strikethrough: SECTION 89 GENERAL LANDSCAPING (16) Any City Boulevard shall be landscaped with sod and boulevard trees of an approved species planted at the recommended spacing for that species. Should any City Boulevard be disturbed by adjacent development, the City Boulevard shall be landscaped with sod and boulevard trees of an approved species planted at the recommended spacing for that species as deemed appropriate by the Development Officer. Any additional or alternative Landscaping on City Boulevards (i.e. shrub and flower beds, Xeriscaping) shall be subject to review and approval by the Development Officer in consultation with the Engineering Department. 20. By adding the following in bold and deleting the following in strikethrough: SECTION 94 SIGN PERMITTING (1) Except as provided in this Section, all Signs require a Development Permit and all Signs are considered a Permitted Use in Districts, except for Billboards and Balloon Signs, which are considered a Discretionary Use, where Signs are a Use available by the terms of this Bylaw. In reviewing applications for Sign Development Permits, the Development Officer may consider, without limitation and in addition to the specific requirements of this Bylaw, the nature and design of the proposed Sign, the impacts of the proposed Sign on surrounding properties and the community, and the number and type of Signs located or proposed to be located in the vicinity of the proposed Sign. In granting a Development Permit in respect of a Sign, the Development Officer may impose such conditions and restrictions as may, in the Development Officer s discretion, are be necessary or desirable, in mitigating the impact of the Sign on neighbouring properties and the community. Such restrictions may include, amongst other things, a time limitation on the duration of the Development Permit, requirements for Landscaping, specific design requirements and limitations on the hours during which a Sign may be illuminated. 21. By adding the following in bold and deleting the following in strikethrough: SECTION 108 FREESTANDING SIGNS (1) Except as otherwise provided, Freestanding Signs are permitted in Commercial, Industrial Districts, and the R2 Mixed Medium to High Density 29

30 Bylaw C Page 13 of 20 Residential District, RMHC Residential Mobile Manufactured Home Court District, PS Public Service Institutional District and P1 Parks and Recreation District. (2) Freestanding Signs are permitted in the C1 City Centre District, and the C4 Integrated mixed Mixed Use District where a Fascia Sign is not possible. (5) The maximum Sign Height of Freestanding Signs shall be: (a) 9.1 m in the C2 Vehicle Oriented Commercial District, and M1 General Industrial District; (b) 4.5 m in the C3 Neighbourhood Retail and Service District; and (c) 2.5 m in the R2 Mixed Medium to High Density Residential District, R4, RMHC Residential Mobile Manufactured Home Court District, PS Public Service Institutional District, P1 Parks and Recreation District and C1 City Centre Commercial District. 22. By adding the following in bold and deleting the following in strikethrough: SECTION 115 R1 - MIXED LOW TO MEDIUM DENSITY RESIDENTIAL DISTRICT (1) GENERAL PURPOSE The purpose of this District is to accommodate a range of low to medium density Dwelling types along each block face in order to provide flexibility in the design and Development of the neighbourhood. The District is intended to emphasize complementary relationships of Development with the Street and with each other. Permitted Uses Accessory Buildings Duplexes Semi-Detached Dwellings Single Detached Dwellings Discretionary Uses Bed and Breakfast Establishments Boarding and Lodging Houses Family Day Homes Garage Suites Garden Suites Group Homes, Limited Home Occupations Limited Group Homes Manufactured Homes Row Housing, Street Oriented, up to four units Sales Centres Secondary Suites Show Homes 30

31 Bylaw C Page 14 of By adding the following in bold and deleting the following in strikethrough: SECTION 116 R2 - MIXED MEDIUM TO HIGH DENSITY RESIDENTIAL DISTRICT (1) GENERAL PURPOSE The purpose of this District is to accommodate a mix of medium to high density Dwelling types within the block face, in order to provide flexibility in the design and Development of neighbourhoods. The District is intended to emphasize complementary interface of Development with the Street and with each other. Permitted Uses Accessory Buildings Multi-Unit Dwellings Row Housing Developments Row Housing, Stacked Discretionary Uses Bed and Breakfast Establishments Boarding and Lodging Houses Child Care Facilities Duplexes Family Day Homes Group Homes, Limited Home Occupations Limited Group Homes Religious Assembly Row Housing, Street Oriented Sales Centres Semi-Detached Dwellings Show Homes Special Care Facilities (a) Notwithstanding the list of uses, where the use of flexible zoning has not been contemplated in the applicable Area Structure Plan, the permitted used for Medium Density designations shall be Row Housing, Stacked, Row Housing Developments and Accessory Buildings. The permitted used uses for High Density designations shall be Multi-Unit Dwellings and Accessory Buildings. All listed used that are not otherwise specified in this clause shall be discretionary. (b) Notwithstanding Section 116(1) a Single Detached Dwelling shall be a Discretionary Use on the following Sites, until such time that a Use listed as Permitted or Discretionary in Section 116(1) is Developed on the subject Site(s): Plan 2387 AR, Block 7, Lots Plan 2387 AR, Block 8, Lots Plan 171 HW, Block 1, Lot 7 31

32 Bylaw C Page 15 of 20 Plan 5193 KS, Block 4, Lots 1-9 Plan 6442 KS, Block 13, Lots 3-10 Plan 3055 MC, Block 15, Lot 11 Plan 3055 MC, Block 16, Lots (c) Notwithstanding Section 116(1), a Child Care Facility or Religious Assembly shall be discretionary only as an Accessory Use to a Multi- Unit Dwelling. (3) ADDITIONAL REGULATIONS (e) Notwithstanding Section 116(1) a Single Detached Dwelling shall be a Discretionary Use on the following Sites, until such time that a Use listed as Permitted or Discretionary in Section 116(1) is Developed on the subject Site(s): Plan 2387 AR, Block 7, Lots Plan 2387 AR, Block 8, Lots Plan 171 HW, Block 1, Lot 7 Plan 5193 KS, Block 4, Lots 1-9 Plan 6442 KS, Block 13, Lots 3-10 Plan 3055 MC, Block 15, Lot 11 Plan 3055 MC, Block 16, Lots (f) Notwithstanding Section 116(1), a Child Care Facility or Religious Assembly shall be discretionary only as an Accessory Use to a Multi-Unit Dwelling. 24. By adding the following in bold and deleting the following in strikethrough: SECTION 118 RE1 ESTABLISHED NEIGHBOURHOOD RESIDENTIAL DISTRICT 1 (1) GENERAL PURPOSE This purpose of this District is to ensure that new Development in established neighbourhoods is sensitive in scale to existing Development and maintains the traditional character design of the block face while allowing for new, compatible Development. This District is applied where lots are generally developed at a density less than 25 dwelling units per hectare. Permitted Uses Accessory Buildings Single Detached Dwellings Discretionary Uses Bed and Breakfast Establishments Boarding and Lodging Houses Duplexes Family Day Homes Garage Suites 32

33 Bylaw C Page 16 of 20 Garden Suites Group Homes, Limited Home Occupations Limited Group Homes Manufactured Home Row Housing, Street Oriented Semi-Detached Dwellings Secondary Suites Show Homes 25. By adding the following in bold and deleting the following in strikethrough: SECTION 119(1) RE2 ESTABLISHED NEIGHBOURHOOD RESIDENTIAL DISTRICT 2 (1) GENERAL PURPOSE This purpose of this District is to ensure that new Development in established neighbourhoods is sensitive in scale to existing Development and maintains the traditional character design of the block face while allowing for new, compatible Development. This District is applied where lots are generally developed at a density exceeding 25 dwelling units per hectare. Permitted Uses Accessory Buildings Duplexes abutting a Collector Road Semi-Detached Dwellings abutting a Collector Road Single Detached Dwellings Discretionary Uses Bed and Breakfast Establishments Boarding and Lodging Houses Duplexes Family Day Homes Garage Suites Garden Suites Group Homes, Limited Home Occupations Limited Group Homes Manufactured Home Row Housing, Street Oriented Semi-Detached Dwellings Secondary Suites Show Homes 26. By adding the following in bold and deleting the following in strikethrough: SECTION 123 C1 CITY CENTRE COMMERCIAL DISTRICT (1) GENERAL PURPOSE 33

34 Bylaw C Page 17 of 20 This District is to provide continuous storefront retail development on the ground floor frontage, to encourage pedestrian activity, and to provide opportunity for residential development above the ground floor in the City Centre. Other civic, cultural and institutional uses are encouraged in this District. Permitted Uses Eating and Drinking Establishments Government Services Health Services Mixed Use Development Personal Service Establishments Professional and Office Services Public Libraries and Cultural Exhibits Retail Sales Theatres Discretionary Uses Accessory Uses and Buildings Accessory Buildings Accessory Uses Alcohol Sales, Major Alcohol Sales, Minor Bus Depot Child Care Facilities Commercial Schools, non-industrial Food Trucks Hotels Motels Parking Facilities Private Clubs Recreation Establishment, Indoor Religious Assembly, on Plan 2387 AR, Block 7, Lot 3-4 Special Care Facilities 27. By adding the following in bold and deleting the following in strikethrough: SECTION 124 C2 VEHICLE ORIENTED COMMERCIAL DISTRICT (1) GENERAL PURPOSE This District is intended to provide for the development of commercial uses serving vehicle traffic on Sites adjacent to Arterial roads and Highway 16A and Highway 16. Permitted Uses Alcohol Sales, Minor Animal Service Facility, Minor Automobile Sales and Rentals Bus Depots Eating and Drinking Establishments Gas Bars Health Services Home Improvement Retail Hotels Motels Discretionary Uses Accessory Buildings Alcohol Sales, Major Animal Service Facility, Major Alcohol Sales, Major Automobile Service Centres Car Washes Drive Through Businesses Equipment Sales, Services and Rentals Food Trucks 34

35 Bylaw C Page 18 of 20 Personal Service Establishments Professional and Office Services Recreational Establishment, Commercial Recreational Establishment, Indoor Retail, Major Retail Sales Service Stations Theatres Funeral Homes Greenhouses Parking Facilities Private Clubs Public Utility Buildings Recycling Transfer Depots Religious Assembly on Lot 9 Plan 739TR Repair Services Wholesale Establishments 28. By adding the following in bold and deleting the following in strikethrough: SECTION 126 C4 INTEGRATED MIXED USE DISTRICT (1) GENERAL PURPOSE The purpose of this District is to provide for Development that integrates Street Oriented commercial Uses and residential Uses above in a multi-storey Building. This District is not intended to accommodate large format commercial Development. Permitted Uses Animal Service Facility, Minor Health Services Mixed Use Development Personal Service Establishments Professional and Office Services Retail Sales Discretionary Uses Accessory Buildings and Uses Accessory Buildings Accessory Uses Alcohol Sales, Minor Child Care Facilities Commercial Schools, non-industrial Eating and Drinking Establishments Public Libraries and Cultural Exhibits Private Clubs Public Utility Buildings Repair Services 29. By adding the following in bold: SECTION 127 M1 GENERAL INDUSTRIAL DISTRICT (1)(a) Any permitted use where, in the opinion of the Development Officer, there is significant risk of interfering with the safety and amenity of the adjacent and nearby sites because of the nature of the site, materials, or process that may create significant nuisance, shall be considered a discretionary use. 35

36 Bylaw C Page 19 of By adding the following in bold and deleting the following in strikethrough: SECTION 128 PS PUBLIC SERVICE INSTITUTIONAL DISTRICT (1) GENERAL PURPOSE This District is intended for the Development of public and private services which contribute to governance, culture, safety and health in the community. Permitted Uses Accessory Buildings Government Services Hospitals Post Secondary Institution Public Libraries and Cultural Exhibits Religious Assembly Schools Discretionary Uses Cemeteries Child Care Facilities Food Trucks Group Care Facilities Health Services Private Clubs Public Utility Buildings Recreation Recreational Establishments, Indoor Special Care Facilities Theatres Transit Transfer Stations 31. By adding the following in bold and deleting the following in strikethrough: SECTION 131 UR URBAN RESERVE DISTRICT (1) GENERAL PURPOSE This District is intended to allow for Agricultural Uses and limited rural land Uses that do not prejudice the future Development of the land for urban Uses. Permitted Uses Agriculture Discretionary Uses Accessory Buildings Family Day Homes Home Occupations Natural Resource Development Park and Ride Facilities Single Detached Dwelling Temporary Buildings or Uses Topsoil Processing Park and Ride Facilities 32. This amending bylaw shall be consolidated into Bylaw C

37 Bylaw C Page 20 of This bylaw shall come into force and effect when it receives third reading and is duly signed. First Reading Carried January 11, 2016 Public Hearing Second Reading Third Reading Date Signed Mayor City Clerk 37

38 LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C SECTION CHANGE RATIONALE Various Sections Change the spelling of center to centre, centerline to centerline, color to colour and behavior to behaviour throughout bylaw Consistent use of Canadian spelling Various Sections Section 7 Definitions Change mobile home to manufactured home Add FACILITY to the phrase ADULT ENTERTAINMENT Add ESTABLISHMENT to the phrase BED AND BREAKFAST Add definition for "CANTILEVERED WALL Add definition for COMMERCIAL SCHOOLS, NON- INDUSTRIAL Add definition for COMMUNICATION TOWER Add definition of EMERGENCY MEASURE Exchange the word Development for Use in FAMILY DAY HOME Change the name LIMITED GROUP HOME to GROUP HOME, LIMITED and change Residential Care Facility to residential care facility Add definition for PARK Add the word FACILITY to the phrase PARK AND RIDE In definition for PARKING FACILITY, add a phrase that excludes parking that is accessory to a principal use In the definition for PUBLIC UTILIY BUILDING, add the phrase or development The term mobile home is no longer used; manufactured home is correct terminology Consistent use name Consistent use name To provide a definition for greater clarity To provide a definition for a listed use To provide a definition for a regulated use To provide a definition for a proposed deemed approved use To provide clarity to definition To provide for consistent nomenclature and improve usability; residential care facility is not a defined use so should not be capitalized To provide a definition for a listed use Consistent use name To provide clarity that parking that is accessory to a principal use is excluded from this use To explicitly include development like storm water management facilities in the use December 21,

39 Section 11(1)(g) WHERE A DEVELOPMENT PERMIT IS NOT REQUIRED Section 11(1)(j) WHERE A DEVELOPMENT PERMIT IS NOT REQUIRED Section 11(1)(u) WHERE A DEVELOPMENT PERMIT IS NOT REQUIRED Section 16(5)(c) NOTICE OF DEVELOPMENT PERMIT DECISION Section 18 VALIDITY OF DEVELOPMENT PERMITS Section 22(6) NON- CONFORMING USES AND BUILDINGS Section 30(4) DESIGN AND APPEARANCE OF BUILDINGS Section 44(4) PROJECTIONS INTO SIDE YARD (PRINCIPAL BUILDINGS) LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C Add definition for RADIO ANTENNA In the definition for SITE, CORNER add the phrase and shall include a Site that is bordered by two Streets that meet but do not intersect. Add the word TRANSFER in the phrase TRANSIT CENTRE Change the width of the deemed approved hard surfaced on site parking from 7.5 m to 6.1 m from streets and alleys Add reference note regarding flags and banners Add an emergency measure, undertaken only by the City of Spruce Grove or by a contractor on behalf of the City as a deemed approved use Replace the posting of a notice of development permit approval on a site with the posting of a notice on the City s website Add new section to provide discretion to Development Officer or Council to extend to validity period for development permits Exchange the word market for assessed Exchange the word commercial with nonresidential Add the phrases and landings and up to 0.6 m from any property line To provide a definition for a use that is excluded from definition for Communication Tower To broaden the definition to include all corner sites Consistent use name To provide more room for offsite parking and improve esthetics To provide clarity To allow the City to undertake a mitigative activity without development permit approval in the case of an emergency or disaster To update the provisions for providing notice of development permit approvals to be consistent with existing practice To provide for the extension of development permits Assessed value of a damaged or destroyed building is more representative of actual value of a building since it includes depreciation To provide for the provision of architectural features on all types of large non-residential buildings, not just commercial To provide for a minimum side yard setback from stairs and December 21,

40 Section 47(1) RESTRICTED OBJECTS IN YARDS Section 52A CONTROL OF NUISANCES Section 53(2) ACCESSORY BUILDINGS Section 53(4) ACCESSORY BUILDINGS Section 62(2) - CHILD CARE FACILITIES Section 66(1)(a) FAMILY DAY HOMES Section 70(2)(e) HOME OCCUPATIONS Section 84(1) Table 1 Minimum Parking Space Dimensions Section 85(2) NUMBER OF ON SITE PARKING STALLS REQUIRED Section 89(16) GENERAL LANDSCAPING LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C Re-name Site Cleanliness Bylaw to Construction Site Cleanliness Bylaw Add new SECTION 52A CONTROL OF NUISANCES from Section 33 Pollution Control from previous Land Use Bylaw C Add the phrase or Garden Suite Add a phrase to prohibit fabric covered buildings in residential districts Delete the phrase or industrial Exchange the word another to a Exchange the section with the following: No employee of a Home Occupation, other than a resident of the Dwelling, shall undertake any work at the Dwelling, including parking of their motor vehicle. For 90 o Space Depth Perpendicular to Aisle, change the 6.1 m to 6.0 m Add parking requirements for Home Occupations as required by the Development Officer Replace the first sentence to as follows: Should any City Boulevard be disturbed by adjacent development, the City Boulevard shall be landscaped landings to property line to allow for sufficient access To be consistent with the name of Bylaw C To provide for regulation respecting the control of potential nuisances To provide a more comprehensive list of dwelling types that may be contained within in an accessory building To provide additional regulation directly prohibiting fabric covered buildings in residential districts. To provide clarity that Child Care Facilities are neither permitted nor discretionary uses in the M1 Industrial District To provide clarity since Family Day Home is not considered a home occupation To provide clarity that an employee may not undertake work or park at the site of the home occupation To provide consistency between minimum front yard setback and minimum parking space depth To provide regulation related to parking for home occupations To provide clarity that the boulevard must have been disturbed to require a developer to provide landscaping, otherwise December 21,

41 Section 94(1) SIGN PERMITTING Section 108(2) FREESTANDING SIGNS Section 115(1) R1 Section 116 R2 Section 118(1) RE1 ESTABLISHED NEIGHBOURHOOD RESIDENTIAL DISTRICT 1 Section 119(1) RE2 ESTABLISHED LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C with sod and boulevard trees of an approved species planted at the recommended spacing for that species as deemed appropriate by the Development Officer. In Section 94(1), exchange the word are with the word be in the phrase are necessary or desirable Provide capitalization for word Mixed Add the word Houses to Boarding and Lodging Change the phrase from LIMITED GROUP HOME to GROUP HOME, LIMITED Add the word Houses to Boarding and Lodging Change the phrase from LIMITED GROUP HOME to GROUP HOME, LIMITED In Section 116(1)(a) change permitted used to uses Move Section 116 (3)(e) regarding single detached dwellings on certain lots to become Section 116 (1)(c) Move Section 116 (3)(f) regarding child care facility and religious assembly to become Section 116 (1)(b) Add the word House to Boarding and Lodging Change the phrase from LIMITED GROUP HOME to GROUP HOME, LIMITED Add the word House to Boarding and Lodging landscaping is provided during initial construction of road. Correct typographical error To provide for consistent nomenclature Consistent use name Consistent use name Consistent use name Consistent use name Correct typographical error Include all use provisions in Section 116(1) to reduce potential interpretation issue of use versus regulation. The SDAB can vary a regulation but cannot vary a use. Include all use provisions in Section 116(1) to reduce potential interpretation issue of use versus regulation. The SDAB can vary a regulation but cannot vary a use. Consistent use name Consistent use name Consistent use name December 21,

42 NEIGHBOURHOOD RESIDENTIAL DISTRICT 2 Section 123 C1 CITY CENTRE COMMERICAL DISTRICT Section 124(1) C2 VEHICLE ORIENTED COMMERCIAL DISTRICT Section 126(1) C4 INTEGRATED MIXED USE Section 128(1) PS PUBLIC SERVICE INSTITUTIONAL DISTRICT Section 131(1) UR URBAN RESERVE DISTRICT LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C Change the phrase from LIMITED GROUP HOME to GROUP HOME, LIMITED Separate Accessory Uses and Buildings into Accessory Uses and Accessory Buildings Add missing bullets under permitted uses Correct alphabetical locations of Animal Service Facility, Major and Alcohol Sales, Major Remove HOME IMPROVEMENT RETAIL as a use Add the word DISTRICT to the district name Separate Accessory Uses and Buildings into Accessory Uses and Accessory Buildings Change Recreation to Recreational for Recreation Establishments, Indoor Correct alphabetical location of Park and Ride Facilities Consistent use name To be consistent with the defined use names Correct typographical error Correct typographical error The use is not defined and is not different from Retail Sales or Retail, Major To provide for consistent nomenclature To be consistent with the defined use names Consistent use name Correct typographical error December 21,

43 Dates: January 8 and 15, 2016 NOTICE OF PUBLIC HEARING BYLAW C PROPOSED LAND USE BYLAW TEXT AMENDMENT Council will consider Bylaw C , a series of amendments to Land Use Bylaw C The changes being made will correct errors and omissions and will reinforce the intent of some regulations. If you or someone you represent is affected by the proposed bylaw you may address City Council at the public hearing to be held: Monday, January 25, 2016 at 6 p.m. Council Chambers, City Hall 315 Jespersen Avenue Spruce Grove, Alberta Written submissions will be received by the City Clerk until noon on Wednesday, January 20, Written submissions received before the designated time will be reviewed before oral representations are heard. A copy of the proposed bylaw amendment is available from Planning and Development, 414 King Street, Spruce Grove from 8:30 a.m. to 4:30 p.m. Monday to Friday. Questions? Please contact Sue Armstrong, Senior Planner ext

44 Bylaws Item # 9. a. Regular Council Meeting Agenda Meeting Date: 01/25/2016 Title: C Second and Third Readings - Land Use Bylaw Text Amendment South Avenue - Levasseur Department: Planning & Infrastructure Recommendation That second reading be given to Bylaw C Land Use Bylaw Text Amendment South Avenue, as amended. That reading be given to Bylaw C Land Use Bylaw Text Amendment South Avenue. Reasons for Recommendation Revised Bylaw C provides for the inclusion of a new use, Religious Assembly, Incubation into the Land Use Bylaw and would include this new use, on a time-limited, site specific basis at 470 South Avenue. Child Care Facility is not included as a new use at 470 South Avenue. Background The Public Hearing for Bylaw C was opened at the regular Council meeting of December 14, At that time, Council recessed the public hearing in order for Administration to provide public notice for a potential new use of Religious Assembly, Incubator that may be a more appropriate use than Religious Assembly at 470 South Avenue. Bylaw C has been revised to include a definition and related regulation for Religious Assembly, Incubator and to provide for this use as site specific discretionary use at 470 South Avenue. Both Religious Assembly and Child Care Facility have been deleted from Bylaw C To clarify the issues, Council must consider and determine the following: Is the new use of Religious Assembly, Incubator an appropriate use for the City? Is the new use of Religious Assembly, Incubator an appropriate use within the M1 - Industrial District at 470 South Avenue? Alternatively, is the existing use of Religious Assembly an appropriate use within the M1 - Industrial District at 470 South Avenue? 44

45 Is Child Care Facility an appropriate use within the M1 - Industrial District at 470 South Avenue? The following is a brief synopsis of the background of this application: ALBERTA LTD (the Applicant) has applied for a Land Use Bylaw Text Amendment to allow for additional site specific uses on Plan , Lot 16 (470 South Avenue), as shown in Attachment A. The subject lot is within the M1 General Industrial District. According to the Applicant, the building currently on the site remains partially occupied and they wish to broaden the list of potential uses, on a site specific basis, based on potential tenant inquiries. The application as applied for would provide for text amendments to allow the following uses to be considered on the subject site as additional Discretionary Uses: 1. Religious Assembly; and, 2. Child Care Facility. These uses are being proposed as two separate uses that would operate independently from one another. The bylaw is not considering that either use is accessory to the other. At the public hearing, Administration proposed a new use, Religious Assembly, Incubator, in place of the Religious Assembly use. This use would be discretionary, site specific, and time limited in nature and may give smaller religious assemblies the opportunity to grow a congregation until they are viable enough to acquire a permanent location in districts that allow for religious assemblies. Council may choose to amend the bylaw to consider the new use. Child Care Facility The Applicant stated that a standalone playschool owner had inquired about leasing space at 470 South Avenue to operate a playschool. The potential tenant did not follow through with the lease since redistricting was required to allow for the consideration of a Child Care Facility in the M1 General Industrial District. The Applicant would like to add this land use to their site to avoid such a situation from repeating itself in the future. Religious Assembly Jesus is Lord Global Ministry Alberta (JLGMA), Spruce Grove Outreach is seeking to sign a lease with ALBERTA LTD for space at 470 South Avenue. For the past 3 years the ministry has been located at 75 South Avenue and their lease is set to expire with no opportunity for re-signing. Site History The applicant applied for a similar amendment to the M1 Land Use District in Administration had several concerns regarding adding non-industrial uses within the 45

46 industrial area and prepared a report to Council recommending against the proposal (Attachment 3). After reading the report, the applicant requested the application be withdrawn. Also, the applicant has registered complaints with the City regarding noise and fumes from adjacent businesses, which escalated to the point that an adjacent business registered an appeal of a development permit at 470 South Avenue to stop additional inappropriate uses from being introduced into the area in The appeal was later dropped before moving to the Subdivision and Development Appeal Board as the owners settled the matter privately. The history of complaints, however, illustrates that the site is surrounded by industrial uses and that the introduction of non-industrial uses to 470 South Avenue may cause further conflict with surrounding businesses. Analysis Municipal Development Plan The Municipal Development Plan (MDP) is the City s primary statutory plan and designates the subject lot as Industrial/Business Park. The MDP outlines objectives and policies on what development in the Industrial/Business Park should reflect. Section states that the Industrial/Business Park should, provide land for industrial uses south of Highway 16A which offer local employment opportunities and diversify the tax base. Furthermore, section states that the Industrial/Business Park should, Accommodate a diverse range of light-to-medium industrial uses south of Highway 16A and east of Campsite Road in industrial parks based on level of intensity and need for visibility. Lands designated as Industrial/Business Park are meant to accommodate industrial uses, businesses and opportunities for industrial sector employment. Neither Religious Assembly nor Child Care Facility constitute light or medium industrial uses appropriate for the Industrial/Business Park. Introducing permanent, non-industrial uses, even on a site specific basis, may change the character of the area set forth by the MDP. Lastly, section states that the City should Create a distinct identity for different areas and types of commercial and industrial park development through Land Use Bylaw regulations In keeping with this policy, Administration consulted various stakeholders before creating the new Land Use Bylaw that provides for distinct uses for each land use district that would not negatively affect one another. The Chamber of Commerce commented early in the Land Use Bylaw development process that religious assembly should be removed from the industrial area due to the impact it may have on industrial business attraction. Land Use Bylaw The subject site is districted M1 General Industrial District. Permitted and discretionary uses range from light to medium industrial in nature, such as general industrial uses, automotive services, industrial retail, wholesale, auctioneering establishments, etc. The M1 - General Industrial District is intended for industrial uses. In crafting the Land Use Bylaw in 2012, the Planning and Development Department and Administration worked closely with the Chamber of Commerce and the City s Economic Development Department to include only those uses in the M1 District that would allow the industrial area to flourish. Introducing more sensitive uses into the area may cause issues over 46

47 time in the attraction and retention of industrial businesses due to the perception that non-industrial uses may take issue with industrial operations. The subject site, 470 South Avenue, is an example of combining incompatible uses in one district. To introduce additional permanent, non-industrial uses onto the site would, in Administration s opinion, be exacerbating the situation and put the adjacent permitted industrial uses in greater jeopardy. An example of some permitted uses in the M1 - General Industrial District include: automobile service centres, equipment sales and service, gas bars, public utility buildings, recycling depots, repair services and industrial uses. As permitted uses, the City has no choice but to approve any of these proposed uses if they meet the requirements of the Land Use Bylaw, as required by the Municipal Government Act (MGA). Even if a daycare or religious assembly is located on a site first, a permitted use that may create noise, vibration, or other nuisances, would have to be approved by the City per the MGA. The proposed uses of Religious Assembly and Child Care Facility in the M1 - General Industrial District deviate from the integrity and character the City is trying to foster in the Industrial/Business Park through provisions in the Land Use Bylaw and MDP. Child Care Facility Child Care Facility use is not industrial in nature and is incompatible with the permitted and discretionary uses in the M1 - General Industrial District. Child Care Facilities are permitted or discretionary in the R2 - Mixed Medium to High Density Residential District, C1 - City Centre Commercial District, C3 - Neighbourhood Retail and Service District and C4 - Integrated Mixed Use District. The M1 - General Industrial District contains uses that may create nuisances (noise, dust, smoke, particles, etc.), and are potentially dangerous (risk of fire and explosions, heavy vehicle movement) to non-industrial uses. Roads and services within the area are suitable for industrial development (wider, dirt or gravel roads, drainage ditches, no sidewalks, etc.). The M1 - General Industrial District does not provide a suitable environment for any possible outdoor activities for children. The site is also isolated from any parks and recreation/social facilities which a Child Care Facility may take advantage of. Although the use would be located in a commercial building, the lot is adjacent to a large bus company and other industrial uses that may create nuisances and hazards incompatible to the proposed uses. Religious Assembly JLGMA was approved to locate at 75 South Avenue under the previous Land Use Bylaw. It became a non-conforming use when the use was removed from the M1 - General Industrial District. The removal of the Religious Assembly use from the M1 - General Industrial District in the new Land Use Bylaw was made following consultation with various stakeholders, including the Chamber of Commerce, who supported the removal of non-industrial uses from the M1 - General Industrial District in order to foster compatible uses that do not negatively affect one another. 47

48 Religious Assembly uses are permitted in the PS - Public Service Institutional District, are discretionary in the R2 - Mixed Medium to High Density Residential District, and have been considered discretionary on a site specific basis in the C1 - City Centre Commercial District and C2 - Vehicle Oriented Commercial District. Notwithstanding these locational opportunities, small congregations may have some difficulty finding suitable facilities to locate in until they have sufficient numbers to move to larger facilities in more appropriate land use districts. Religious Assembly, Incubation As introduced at the public hearing, Council may wish to consider a new use, with associated regulation, in the Land Use Bylaw that would allow for an incubator type religious assembly use on a discretionary, time-limited, site specific basis. The following draft definition provides for a time limitation and excludes ancillary uses that are more residential in nature such as rectories and food preparation: "RELIGIOUS ASSEMBLY, INCUBATION A Development used for religious worship and related religious, philanthropic or social activities and includes meeting rooms and classrooms located in an industrial district on a temporary basis, for a period of not more than three years. This use does not include accessory rectories, food preparation and service facilities, or dormitories." The following draft regulation considers a requirement for a restrictive covenant to limit the potential for complaints from the non-industrial use about nuisances that may come from adjacent industrial development: "A Development Permit issued for this use shall include a condition requiring the landowner to grant to the City a restrictive covenant which recognizes that the use of surrounding parcels is predominantly industrial, prohibiting use on the parcel which conflicts with those industrial uses and prohibiting the use for Religious Assembly, Incubation after the expiry of the time period for which the Development Permit is issued, not to exceed three years." Conclusion Administration has concerns regarding allowing Religious Assemblies and Child Care Facilities in the M1 Industrial District. However, Administration also recognizes the need for smaller, temporary spaces for religious groups to meet in order to grow their organizations. Regardless, Administration does not support any Child Care Facilities in the M1 Industrial District. Options/Alternatives That Council proceed to second and third readings of revised Bylaw No. C This would allow for the consideration of the new use, Religious Assemblies, Incubation, at 470 South Avenue and would not allow for the consideration of Child Care Facilities at 470 South Avenue. Option #2 48

49 That Council defeat the revised Bylaw C at second reading. This would not allow for the consideration of Religious Assemblies or Religious Assemblies, Incubation and Child Care Facilities to be located at 470 South Avenue. Option #3 That Council amend revised Bylaw No. C to include Religious Assembly and Child Care Facility as applied for and proceed to second and third readings. Consultation/Engagement Administration has met with the applicant and they have been advised of Administration's lack of support for the proposed amendment. The proposed amendment has been circulated internally for other departments comments and no additional comments have been noted. A public hearing has been held prior to second reading. The public hearing has spanned over two regular council meetings to fully inform Council of the additional proposed Religious Assembly, Incubator use. Due to the established district surrounding the site, Administration has notified surrounding land owners about the proposed application prior to the public hearing. Administration also notified the Spruce Chamber of Commerce as well as those who spoke to the bylaw prior to the public hearing being recessed on December 14, Any questions or comments regarding the development were addressed at the public hearing. Implementation/Communication The Planning Department will implement this Land Use Bylaw Text Amendment if approved by Council. Impacts The proposed amendment will allow site specific uses not currently found in the M1 General Industrial District, and are uses that may be detrimental to the ongoing development of the Industrial Park. Introducing Religious Assembly and Child Care Facility to the Industrial Park will not foster the desired synergy between land uses in the district. Administration will recommend against the proposed Land Use Bylaw text amendment at the public hearing. The public hearing will allow for all parties to speak to the bylaw and help Council make a decision based on all the available input. In order to assist small congregations that may have some difficulty finding suitable facilities to locate in until they have sufficient numbers to move to larger facilities in more appropriate land use districts, Council may wish to consider a new use, with associated regulation, in the Land Use Bylaw that would allow for an incubator type religious assembly use on a discretionary, time-limited, site specific basis. Strategic Vision Element: n/a 49

50 Related Goal: n/a Attachments Revised Bylaw C Location Area Report to Council on Text Amendment Original Bylaw C

51 THE CITY OF SPRUCE GROVE BYLAW NO. C LAND USE BYLAW AMENDMENT WHEREAS, pursuant to the Municipal Government Act, R.S.A., 2000, c.m-26, a municipality shall pass a land use bylaw and may amend the land use bylaw; AND WHEREAS, the City of Spruce Grove wishes to amend Bylaw C ; NOW THEREFORE, the Council for the City of Spruce Grove, duly assembled hereby enacts as follows: 1. Bylaw C is amended as follows: 1.1 To add the following text to SECTION 7 DEFINITIONS in the correct alphabetical location: RELIGIOUS ASSEMBLY, INCUBATION A Development used for religious worship and related religious, philanthropic or social activities and includes meeting rooms located in an industrial district on a temporary basis, for a period of not more than three years. This use does not include Schools, accessory rectories, food preparation and service facilities, or dormitories. 1.2 To add the following text as SECTION 80B RELIGIOUS ASSEMBLY, INCUBATION (1) A Development Permit issued for this use shall include a condition requiring the landowner to grant to the City a restrictive covenant which recognizes that the use of surrounding parcels is predominantly industrial, prohibiting use on the parcel which conflicts with those industrial uses and prohibiting the use for Religious Assembly, Incubation after the expiry of the time period for which the Development Permit is issued, not to exceed three years. 1.3 To add the following text to Section 127 M1 General Industrial District (1): a. Discretionary Use Religious Assembly, Incubation on Lot 16, Plan As shown on the map below (See Figure 1). Page 1 of 2 Bylaw C

52 Page 2 of 2 Figure 1 Subject Site for Bylaw No. C This amending bylaw shall be consolidated into Bylaw C This bylaw shall come into force and effect when it receives third reading and is duly signed. First Reading Carried November 23, 2015 Public Hearing Second Reading Third Reading Date Signed Mayor City Clerk 52

53 Location Aerial C Land Use Bylaw Text Amendment Site Specific 470 South Avenue SOUTH AVENUE CENTURY ROAD HIGHWAY 16A 470 South Ave DIAMOND AVENUE I Meters 53

54 54

55 55

56 THE CITY OF SPRUCE GROVE BYLAW NO. C LAND USE BYLAW AMENDMENT WHEREAS, pursuant to the Municipal Government Act, R.S.A., 2000, c.m-26, a municipality shall pass a land use bylaw and may amend the land use bylaw; AND WHEREAS, the City of Spruce Grove wishes to amend Bylaw C ; NOW THEREFORE, the Council for the City of Spruce Grove, duly assembled hereby enacts as follows: 1. Bylaw C is amended as follows: 1.1 To add the following text to Section 127 M1 General Industrial District (1): a. Discretionary Use Religious Assembly on Lot 16, Plan Child Care Facility on Lot 16, Plan As shown on the map below (See Figure 1). Figure 1 Subject Site for Bylaw No. C Page 1 of 2 56

57 Bylaw C Page 2 of 2 2. This amending bylaw shall be consolidated into Bylaw C This bylaw shall come into force and effect when it receives third reading and is duly signed. First Reading Carried November 23, 2015 Public Hearing Second Reading Third Reading Date Signed Mayor City Clerk 57

58 Bylaws Item # 9. b. Regular Council Meeting Agenda Meeting Date: 01/25/2016 Title: C Second and Third Reading Land Use Bylaw Review Text Amendments - Levasseur Department: Planning & Infrastructure Recommendation That second reading be given to Bylaw C Land Use Bylaw Review Text Amendments. That third reading be given to Bylaw C Land Use Bylaw Review Text Amendments. Reasons for Recommendation This bylaw is the annual update of the Land Use Bylaw C , which is undertaken at the beginning of each year to provide clarity, update information, and correct errors and omissions. The amendments in this bylaw are all text amendments and are minor in nature. Background Land Use Bylaw C was adopted in late 2012 and implemented on January 1, In order to provide the highest quality regulatory document, the Planning and Development Department undertakes an annual review of the Bylaw. This update does not seek to make major changes to the regulations; the purpose of this update is to fine tune regulations, eliminate ambiguities, fix typographical errors, and provide clarity where omissions are found. Information is gathered over the year from Planning Staff and the development and building industries and is considered for potential amendment under this proposed bylaw. This is the third such update that Administration has undertaken on this Land Use Bylaw. Analysis 58

59 The attached chart entitled "Land Use Bylaw C Annual Review Proposed Amendments" itemizes all of the proposed amendments as well as the rationale for the changes. To characterize the nature of the proposed amendments, some improve the clarity of use provisions, some provide for the inclusion of definitions for uses where definitions have been overlooked, a number provide for the consistent use of Canadian spelling and to correct typographical errors, and some provide for consistent use names. Options/Alternatives Council may request changes or additional information prior to approving third reading. Consultation/Engagement These proposed amendments were collected over 2015 from Administration and the development industry and have been circulated throughout Administration for feedback and clarification. A public hearing is a statutory requirement, and took place on January 25, 2015, prior to second reading. Notice of the public hearing was provided in the Spruce Grove Examiner and posted on the City's website. The Spruce Grove Chapter of the Urban Development Institute (UDI) was solicited for any errors and omissions and they identified no concerns with the existing Land Use Bylaw. A formal notice of the public hearing was also sent to UDI. Implementation/Communication Upon third reading, the amendments will be consolidated into Land Use Bylaw C and posted on the City's website. Impacts The amendments proposed to the Land Use Bylaw will enhance and clarify the regulations to allow the development community and staff to better utilize the City's land use regulations. This, in turn, allows Administration to provide more efficient and effective customer service. Strategic Vision Element: This topic relates to all three of the City s strategic vision elements contained in Council s Strategic Plan Related Goal: Attachments Bylaw No. C Second and Third Reading Land Use Bylaw No. C Annual Review Proposed Amendments 59

60 THE CITY OF SPRUCE GROVE BYLAW C LAND USE BYLAW REVIEW TEXT AMENDMENTS WHEREAS, pursuant to the Municipal Government Act, R.S.A., 2000, c.m-26, a municipality shall pass a land use bylaw and may amend the land use bylaw; AND WHEREAS, the City of Spruce Grove wishes to amend Bylaw C , the Land Use Bylaw for the City of Spruce Grove; NOW THEREFORE, the Council for the City of Spruce Grove, duly assembled hereby enacts as follows: Bylaw C is amended as follows: 1. By adding the following in bold and deleting the following in strikethrough: SECTION 7 DEFINITIONS ADULT ENTERTAINMENT FACILITY (a) A Development or part thereof where, for any consideration, live performances are held, the central feature of which is a Specified Act or Specified Body Area; or (b) Any cinema where motion pictures or videos, or similar electronic, digital, photographic reproductions are shown or displayed, the central feature of which is a Specified Act or Specified Body Area; and (c) More than 26% of the inventory is used to display items for sale or rent, the central feature of which is a Specified Act or Specified Body Area, including items meant to stimulate or are reproductions of a Specified Body Area. Typical uses include, but are not limited to, adult mini theatres, strip clubs or shows, peepshows and adult video stores. AUTOMOTIVE SERVICE CENTER CENTRE A Development used for the repair and maintenance of vehicles which excludes the sale and distribution of petroleum products. Page 1 of 20 60

61 Bylaw C Page 2 of 20 BED AND BREAKFAST ESTABLISHMENT A Dwelling occupied by the property owner and used incidentally to provide accommodation to overnight guests for commercial purposes. Up to three rooms may be rented and parking must be provided On Site. CANTILEVERED WALL A projection of part of an exterior wall of a building not supported by foundation wall for the purpose of accommodating a bow or bay window, shelving units, closets, a fireplace, or a portion of a bathroom. At no time shall a cantilevered wall section extend the entire length of a room. CHILD CARE FACILITY A Development used to provide care and supervision, but not overnight accommodation, to seven or more children under the age of thirteen. Typical Uses are day care centers centres, before and after school care, and pre-schools. COMMERCIAL SCHOOL, NON-INDUSTRIAL A Development for privately funded instruction and education which may or may not offer courses equivalent to those at public education facilities, but shall not offer courses related to industrial training. This use may include private instruction as a Home Occupation. COMMUNICATION TOWER Any tower used to provide a broad range of communication services through the transmitting, receiving or relaying of voice and data signals such as radio, cellular, broadcast, and wireless date. For the purposes of this Bylaw, this excludes Radio Antenna. Examples include cell phone towers and wireless internet towers. EMERGENCY MEASURE Any activity that is intended to mitigate the effects of an emergency or disaster and is to provide for the safety, health or welfare of people and the protection or property and the environment in the event of such an occurrence. 61

62 Bylaw C Page 3 of 20 FAMILY DAY HOME A Development Use accessory to a Principal Dwelling used to provide care and supervision, but not overnight accommodation, for four to six children or adults. This number shall include any children under the age of five who are otherwise permanent residents of the Dwelling. FLOOR AREA GAS BAR The greatest horizontal area of a Building above Grade within the outside surface of exterior walls or within the glass line of exterior walls and the centerline centreline of fire walls, but not including the Floor Areas of elements of a Building such as basements, elevator shafts, attached Garages, Parking Structures, Accessory Buildings or garbage storage areas. A Site or portion of a Site used for the sale of gasoline, propane and other fuels, which may include the sale of other motor vehicle fluids and accessories, but does not include Service Stations or Automotive Service Centers Centres. LIMITED GROUP HOME GROUP HOME, LIMITED PARK A Residential Care Facility residential care facility which is recognized, authorized, licensed or certified by a public authority such as a social care facility intended to provide room and board for six residents or less, exclusive of staff or family members residing in the home, for disabled persons or persons with physical, mental, social or behavioral behavioural problems. This facility may provide for the personal rehabilitation of its residents either through self-help or professional care, guidance and supervision. The residential character of the Dwelling shall be primary; with the occupants living together as a single housekeeping unit and using shared cooking facilities. This Use does not include active treatment centers centres such as drug or alcohol treatment or housing facilities for convicts or ex-convicts (See Group Care Facility). A specific-use open space area that is managed to provide opportunities for recreation, education, cultural or aesthetic use but shall not include an area for School purposes. 62

63 Bylaw C Page 4 of 20 PARK AND RIDE FACILITY A facility and public transportation transfer point that includes a Parking Lot used by regional commuters to park their vehicles or bicycles, and then use public transit for the remainder of their journey. Potential Park and Ride Facilities are identified in the Transportation Master Plan. PARKING FACILITY A Site or part of a Site for the parking of vehicles and includes the parking spaces and all other areas required for vehicular access and circulation within the facility. This Use shall not include vehicle storage or parking that is accessory to a principal use. PUBLIC UTILITY BUILDING A Building or Development used to provide a utility to the public, as per the Municipal Government Act. This shall not include offices. RADIO ANTENNA An accessory structure consisting of a device and its support structures designed to receive and transmit radio waves for limited commercial uses and non-commercial uses such as commercial fleet services and amateur radio operators. This definition does not include satellite dish antennas or communication towers. Examples include radio antennas used for commercial fleet dispatch and ham (or hobby) radio antennas. SALES CENTER CENTRE A Temporary Building erected or moved onto a Site to provide information about the type of Development occurring on the Site or in other parts of a Development area. SITE, CORNER A Site at the intersection of two or more Streets other than Alleys and shall include a Site that is bordered by two Streets that meet but do not intersect. SURVEILLANCE SUITE A Dwelling or a Mobile Manufactured Home used solely to accommodate a person or persons related as family, or an employee, whose function is to provide surveillance, maintenance and/or security for a Development. The 63

64 Bylaw C Page 5 of 20 Surveillance Suite shall form part of the Development with which it is associated and clearly be an Accessory Use of the Site on which it is located. TRANSIT TRANSFER CENTRE A convenient focal point for several bus routes to connect and allow transfer activities by passengers. Transit Transfer Centres can be standalone facilities, or can include Park and Ride Facilities, or can be integrated into higher density land Uses to access the higher ridership potential. 2. By adding the following in bold and deleting the following in strikethrough: SECTION 11 WHERE A DEVELOPMENT PERMIT IS NOT REQUIRED (1)(g) Hard Surfacing of any area on a residential Site for the purpose of providing vehicular access from a Street or alley to the required On Site Parking Stall(s), unless the Hard Surfacing exceeds m in width. (1)(j) The erection of flagpoles and other poles not exceeding 4.5 m in Height, provided it is not located in a Side or Front Yard, or on a Building or structure and meets the required Setbacks for Accessory Buildings. Notwithstanding, flags and banners are regulated under Section 96 of this Bylaw. (1)(u) An emergency measure, undertaken only by the City of Spruce Grove or by a contractor on behalf of the City. 3. By adding the following in bold and deleting the following in strikethrough: SECTION 16 NOTICE OF DEVELOPMENT PERMIT DECISION (5) When a Development Permit is approved for a Discretionary Use, or a variance is granted, the Development Officer shall provide notice to the community by undertaking any or all of the following: (a) Publishing a notice in the local newspaper; (b) Mailing a notice to all assessed property owners who may be affected by the proposed development, or those assessed property owners within 30.0 m of the subject Site, at the discretion of the Development Officer; and/or (c) Posting a conspicuous notice on the subject Site. Posting a notice on the City s website. 64

65 Bylaw C Page 6 of By adding the following in bold: SECTION 18 VALIDITY OF DEVELOPMENT PERMITS (5) The Development Officer or Council may extend the period of time that a development permit is valid for a period not to exceed twelve (12) months, as long as the development that is the subject of the development permit has commenced within twelve (12) months from the date of the issuance of the development permit or, in the opinion of the Development Officer or Council, has been carried out with reasonable diligence. 5. By adding the following in bold and deleting the following in strikethrough: SECTION 22 NON-CONFORMING USES AND BUILDINGS (6) A non-conforming Building that is damaged or destroyed to the extent of more than 75% of the market assessed value of the Building above its Foundation cannot be repaired or rebuilt except in accordance with this Bylaw. 6. By adding the following in bold and deleting the following in strikethrough: SECTION 30 DESIGN AND APPEARANCE OF BUILDINGS (4) Any commercial non-residential Building that has exterior wall length greater than 25.0 m shall incorporate architectural features in an effort to minimize the Building s mass to the satisfaction of the Development Officer. Such architectural features could include the use of: (a) Multiple colors colours, (b) Differing, but complementary finishes and textures, (c) Landscaping;, (d) Recessing portions of the visible Frontage, (e) Awnings, and (f) Varying roof lines. 7. By adding the following in bold and deleting the following in strikethrough: SECTION 44 PROJECTIONS INTO SIDE YARDS (PRINCIPAL BUILDINGS) 65

66 Bylaw C Page 7 of 20 (4) Unenclosed stairs and landings required for access to the main floor or lower floor of the Principal Building may project up to 1.0 m into the required Side Yard Setback up to 0.6 m from any property line. 8. By adding the following in bold: SECTION 47 RESTRICTED OBJECTS IN YARDS (1) All Buildings and Sites shall comply with the Nuisances, Unsightly and Untidy Premises Bylaw and the Construction Site Cleanliness Bylaw. 9. By adding the following in bold: SECTION 52A CONTROL OF NUISANCES (1) In any land use district, no storage or activity may be undertaken that would, in the opinion of the Development Officer: (a) Unduly interfere with the amenities of the district, or (b) Materially interfere with or affect the use, enjoyment or value of adjacent or nearby properties, or (c) Constitutes a danger or annoyance to persons on the site, on a public property or on a site in the vicinity to it. 10. By adding the following in bold: SECTION 53 ACCESSORY BUILDING (2) An Accessory Building shall not be used as a Dwelling, except where it contains a Garage Suite or Garden Suite in accordance with Section 67. (3) Accessory Buildings in residential districts may include, but are not limited to garages, carports, sheds, storage buildings, gazebos, decks, sundecks, permanently installed private swimming pools and hot tubs. Fabric covered buildings, used for storage purposes, are prohibited in all residential districts. 11. By deleting the following in strikethrough: SECTION 62 CHILD CARE FACILITIES (2) The Development Officer shall, when deciding whether to approve or refuse a Child Care Facility in a commercial or industrial District, take into account, 66

67 Bylaw C Page 8 of 20 among other matters, traffic, noise and proximity to hazardous uses to ensure the proposed Child Care Facility is in an appropriate location. 12. By adding the following in bold and deleting the following in strikethrough: SECTION 66 FAMILY DAY HOMES (1) A Family Day Home: (a) Shall not be located in a Dwelling containing another a Home Occupation; (b) May require privacy screening that prevents visual intrusion into any outdoor play areas; (c) May require Provincial or Family Day Home Agency approval. 13. By adding the following in bold and deleting the following in strikethrough: SECTION 70 HOME OCCUPATIONS (2) A resident who intends to carry out a Home Occupation, where allowed as a Discretionary Use, shall make application for a Development Permit and shall, if given approval, comply with the following provisions: (a) The Home Occupation shall be operated as a secondary Use only and shall not change the principal character or external appearance of the Dwelling involved. (b) There shall be no outside display or storage of materials, commodities, or finished products. (c) There shall be no mechanical or electrical equipment used which creates visual, audible or electrical interference with radio or television reception. (d) No commodity other than the product or service of the Home Occupation shall be sold on the premises. (e) A Home Occupation shall not employ persons other than residents of the Dwelling. No employee of a Home Occupation, other than a resident of the Dwelling, shall undertake any work at the Dwelling, including parking of their motor vehicle. (f) If, at any time, any of the requirements for Home Occupations have not been complied with, the Development Officer may suspend or cancel the Development Permit. 67

68 Bylaw C Page 9 of 20 (g) A Home Occupation that attracts clients, customers, or students to the premises shall be limited to a maximum of six persons in attendance at any one time. (h) A Site containing a Home Occupation shall not contain a Secondary Suite, Garage Suite or Garden Suite. 14. By adding the following in bold and deleting the following in strikethrough: SECTION 74 SALES CENTRES (4) A Sales Center Centre shall not operate for a period greater than twentyfour months, unless the Developer applies for and receives an extension from the Development Officer. (5) Sites containing Sales Centers Centres shall be located and developed such that their impacts on local Streets and surrounding residential Development are minimized. In deciding upon an application, the Development Officer shall take into consideration the scale of the Residential Sales Centre, its proximity to Arterial Roads or Collector Roads, and to occupied residential Development. (6) A Sales Center Centre shall be maintained in an orderly manner and shall have hard surface access for pedestrians. 15. By adding the following in bold and deleting the following in strikethrough: SECTION 78 SURVEILLANCE SUITES (6) When the Surveillance Suite is a Mobile Manufactured Home, the unit shall have CSA certification, with proof submitted as part of the application. The Mobile Manufactured Home shall be secured to a foundation and properly skirted to the satisfaction of the Development Officer. The exterior treatment shall be compatible with other Buildings on the Site and adjacent Sites. 16. By adding the following in bold and deleting the following in strikethrough: SECTION 84 MINIMUM PARKING STALL WIDTH AND DEPTH Parking Angle Table 1 Minimum Parking Space Dimensions (a) (b) (c) (d) (e) (f) Space Overall Width Depth Space Depth Perpendicular to Aisle Space Width Parallel to Aisle Maneuvering Aisle Width 68

69 Bylaw C Page 10 of 20 Standard Car Spaces 0 o 2.7 m 2.7 m 7.0 m 9.0 m One way 3.6 m 30 o 2.7 m 5.2 m 5.5 m 14.0 m One way 3.6 m 45 o 2.7 m 5.8 m 4.0 m 15.2 m One way 3.6 m 60 o 2.7 m 6.1 m 3.0 m 18.2 m One way 6.0 m 90 o 2.7 m m 2.7 m 19.5 m 7.3 m Small Car Spaces 0 o 2.3 m 2.3 m 6.4 m 7.6 m One way 3.0 m 30 o 2.3 m 4.6 m 4.6 m 12.2 m One way 3.0 m 45 o 2.3 m 5.2 m 3.3 m 13.4 m One way 3.0 m 60 o 2.3 m 5.5 m 2.3 m 16.4 m One way 5.4 m 90 o 2.3 m 5.5 m 2.3 m 17.7 m One way 6.7 m 17. By adding the following in bold and deleting the following in strikethrough: SECTION 85 NUMBER OF ON SITE PARKING STALLS REQUIRED (2) The minimum number of On Site Parking Stalls required for each Use of Building or Development shall be as follows: RESIDENTIAL Single Detached, Semi- Detached, Duplex, Street Oriented Row Housing, Mobile Manufactured Homes in Subdivision or Court Multi-Unit Dwellings and Row Housing (excluding Street Oriented Row Housing) Garage Suite, Garden Suite, Secondary Suite Bed and Breakfast Establishments Boarding or Lodging Establishments Home Occupations MINIMUM NUMBER OF PARKING STALLS Two Parking Stalls per Dwelling. One Parking Stall may be in tandem. For a one-bedroom Dwelling or a bachelor suite: One Parking Stall; for a two-bedroom Dwelling: 1.5 Parking Stalls; for a Dwelling with three or more bedrooms: two Parking Stalls. In addition, One guest Parking Stall per every seven Dwellings shall be within line of sight of a public entrance of the Building and must be clearly identified as Guest Parking. One Parking Stall per suite. One stall per guestroom. One stall per two sleeping units As required by the Development Officer 69

70 Bylaw C Page 11 of 20 COMMERCIAL Retail Store, Convenience with or without Gas Bars Professional, Financial and Office; Business Support Services Commercial Uses in the C1 City Center Centre Commercial District Any commercial Use not listed separately in this Section Eating and Drinking Establishments Hotels and Motels Health Services Any commercial use where multiple tenants have common interior pedestrian circulation areas and shared access MINIMUM NUMBER OF PARKING STALLS 2.5 stalls per m2 plus one per pump island. One Parking Stall per 45.0 m² of Gross Floor Area. One Parking stall per 55.0 m² of Gross Floor Area. For the first m2, one Parking Stall per 30.0 m² of Gross Floor Area; for the next m2, one stall per 25.0 m² of Gross Floor Area; for the remaining floor area, one stall per 20.0 m² of Gross Floor Area. One Parking Stall per 5.0 m2 of seating area plus one Parking Stall for each two employees. One Parking Stall per rentable unit plus one Parking Stall for every three employees. One Parking Stall per 35.0 m² of Gross Floor Area. For the first m2, one Parking Stall per 30.0 m2 of Gross Leasable Area; for the next m2, one stall per 25.0 m2 of Gross Leasable Area; for the remaining floor area, one stall per 20.0 m2 of Gross Leasable Area. 18. By adding the following in bold and deleting the following in strikethrough: SECTION 88 APPLICABILITY (2) In any district all required Yards and all open spaces or undeveloped areas excluding parking areas, driveways, Sidewalks, outdoor storage and service areas shall be landscaped in accordance with a landscaping plan. The following districts shall be exempt from this requirement: (a) R1 Mixed Low to Medium Density Residential District; (b) RE1 Established Neighborhood Residential District 1; (c) RE2 Established Neighborhood Residential District 2; (d) GMR Greenbury Village Mixed Residential; (e) HLC Hawthorne Lifestyle Community District; 70

71 Bylaw C Page 12 of 20 (f) RMHC Mobile Manufactured Home Court District; and (g) RMHS Mobile Manufactured Home Subdivision Residential District. 19. By adding the following in bold and deleting the following in strikethrough: SECTION 89 GENERAL LANDSCAPING (16) Any City Boulevard shall be landscaped with sod and boulevard trees of an approved species planted at the recommended spacing for that species. Should any City Boulevard be disturbed by adjacent development, the City Boulevard shall be landscaped with sod and boulevard trees of an approved species planted at the recommended spacing for that species as deemed appropriate by the Development Officer. Any additional or alternative Landscaping on City Boulevards (i.e. shrub and flower beds, Xeriscaping) shall be subject to review and approval by the Development Officer in consultation with the Engineering Department. 20. By adding the following in bold and deleting the following in strikethrough: SECTION 94 SIGN PERMITTING (1) Except as provided in this Section, all Signs require a Development Permit and all Signs are considered a Permitted Use in Districts, except for Billboards and Balloon Signs, which are considered a Discretionary Use, where Signs are a Use available by the terms of this Bylaw. In reviewing applications for Sign Development Permits, the Development Officer may consider, without limitation and in addition to the specific requirements of this Bylaw, the nature and design of the proposed Sign, the impacts of the proposed Sign on surrounding properties and the community, and the number and type of Signs located or proposed to be located in the vicinity of the proposed Sign. In granting a Development Permit in respect of a Sign, the Development Officer may impose such conditions and restrictions as may, in the Development Officer s discretion, are be necessary or desirable, in mitigating the impact of the Sign on neighbouring properties and the community. Such restrictions may include, amongst other things, a time limitation on the duration of the Development Permit, requirements for Landscaping, specific design requirements and limitations on the hours during which a Sign may be illuminated. 21. By adding the following in bold and deleting the following in strikethrough: SECTION 108 FREESTANDING SIGNS (1) Except as otherwise provided, Freestanding Signs are permitted in Commercial, Industrial Districts, and the R2 Mixed Medium to High Density 71

72 Bylaw C Page 13 of 20 Residential District, RMHC Residential Mobile Manufactured Home Court District, PS Public Service Institutional District and P1 Parks and Recreation District. (2) Freestanding Signs are permitted in the C1 City Centre District, and the C4 Integrated mixed Mixed Use District where a Fascia Sign is not possible. (5) The maximum Sign Height of Freestanding Signs shall be: (a) 9.1 m in the C2 Vehicle Oriented Commercial District, and M1 General Industrial District; (b) 4.5 m in the C3 Neighbourhood Retail and Service District; and (c) 2.5 m in the R2 Mixed Medium to High Density Residential District, R4, RMHC Residential Mobile Manufactured Home Court District, PS Public Service Institutional District, P1 Parks and Recreation District and C1 City Centre Commercial District. 22. By adding the following in bold and deleting the following in strikethrough: SECTION 115 R1 - MIXED LOW TO MEDIUM DENSITY RESIDENTIAL DISTRICT (1) GENERAL PURPOSE The purpose of this District is to accommodate a range of low to medium density Dwelling types along each block face in order to provide flexibility in the design and Development of the neighbourhood. The District is intended to emphasize complementary relationships of Development with the Street and with each other. Permitted Uses Accessory Buildings Duplexes Semi-Detached Dwellings Single Detached Dwellings Discretionary Uses Bed and Breakfast Establishments Boarding and Lodging Houses Family Day Homes Garage Suites Garden Suites Group Homes, Limited Home Occupations Limited Group Homes Manufactured Homes Row Housing, Street Oriented, up to four units Sales Centres Secondary Suites Show Homes 72

73 Bylaw C Page 14 of By adding the following in bold and deleting the following in strikethrough: SECTION 116 R2 - MIXED MEDIUM TO HIGH DENSITY RESIDENTIAL DISTRICT (1) GENERAL PURPOSE The purpose of this District is to accommodate a mix of medium to high density Dwelling types within the block face, in order to provide flexibility in the design and Development of neighbourhoods. The District is intended to emphasize complementary interface of Development with the Street and with each other. Permitted Uses Accessory Buildings Multi-Unit Dwellings Row Housing Developments Row Housing, Stacked Discretionary Uses Bed and Breakfast Establishments Boarding and Lodging Houses Child Care Facilities Duplexes Family Day Homes Group Homes, Limited Home Occupations Limited Group Homes Religious Assembly Row Housing, Street Oriented Sales Centres Semi-Detached Dwellings Show Homes Special Care Facilities (a) Notwithstanding the list of uses, where the use of flexible zoning has not been contemplated in the applicable Area Structure Plan, the permitted used for Medium Density designations shall be Row Housing, Stacked, Row Housing Developments and Accessory Buildings. The permitted used uses for High Density designations shall be Multi-Unit Dwellings and Accessory Buildings. All listed used that are not otherwise specified in this clause shall be discretionary. (b) Notwithstanding Section 116(1) a Single Detached Dwelling shall be a Discretionary Use on the following Sites, until such time that a Use listed as Permitted or Discretionary in Section 116(1) is Developed on the subject Site(s): Plan 2387 AR, Block 7, Lots Plan 2387 AR, Block 8, Lots Plan 171 HW, Block 1, Lot 7 73

74 Bylaw C Page 15 of 20 Plan 5193 KS, Block 4, Lots 1-9 Plan 6442 KS, Block 13, Lots 3-10 Plan 3055 MC, Block 15, Lot 11 Plan 3055 MC, Block 16, Lots (c) Notwithstanding Section 116(1), a Child Care Facility or Religious Assembly shall be discretionary only as an Accessory Use to a Multi- Unit Dwelling. (3) ADDITIONAL REGULATIONS (e) Notwithstanding Section 116(1) a Single Detached Dwelling shall be a Discretionary Use on the following Sites, until such time that a Use listed as Permitted or Discretionary in Section 116(1) is Developed on the subject Site(s): Plan 2387 AR, Block 7, Lots Plan 2387 AR, Block 8, Lots Plan 171 HW, Block 1, Lot 7 Plan 5193 KS, Block 4, Lots 1-9 Plan 6442 KS, Block 13, Lots 3-10 Plan 3055 MC, Block 15, Lot 11 Plan 3055 MC, Block 16, Lots (f) Notwithstanding Section 116(1), a Child Care Facility or Religious Assembly shall be discretionary only as an Accessory Use to a Multi-Unit Dwelling. 24. By adding the following in bold and deleting the following in strikethrough: SECTION 118 RE1 ESTABLISHED NEIGHBOURHOOD RESIDENTIAL DISTRICT 1 (1) GENERAL PURPOSE This purpose of this District is to ensure that new Development in established neighbourhoods is sensitive in scale to existing Development and maintains the traditional character design of the block face while allowing for new, compatible Development. This District is applied where lots are generally developed at a density less than 25 dwelling units per hectare. Permitted Uses Accessory Buildings Single Detached Dwellings Discretionary Uses Bed and Breakfast Establishments Boarding and Lodging Houses Duplexes Family Day Homes Garage Suites 74

75 Bylaw C Page 16 of 20 Garden Suites Group Homes, Limited Home Occupations Limited Group Homes Manufactured Home Row Housing, Street Oriented Semi-Detached Dwellings Secondary Suites Show Homes 25. By adding the following in bold and deleting the following in strikethrough: SECTION 119(1) RE2 ESTABLISHED NEIGHBOURHOOD RESIDENTIAL DISTRICT 2 (1) GENERAL PURPOSE This purpose of this District is to ensure that new Development in established neighbourhoods is sensitive in scale to existing Development and maintains the traditional character design of the block face while allowing for new, compatible Development. This District is applied where lots are generally developed at a density exceeding 25 dwelling units per hectare. Permitted Uses Accessory Buildings Duplexes abutting a Collector Road Semi-Detached Dwellings abutting a Collector Road Single Detached Dwellings Discretionary Uses Bed and Breakfast Establishments Boarding and Lodging Houses Duplexes Family Day Homes Garage Suites Garden Suites Group Homes, Limited Home Occupations Limited Group Homes Manufactured Home Row Housing, Street Oriented Semi-Detached Dwellings Secondary Suites Show Homes 26. By adding the following in bold and deleting the following in strikethrough: SECTION 123 C1 CITY CENTRE COMMERCIAL DISTRICT (1) GENERAL PURPOSE 75

76 Bylaw C Page 17 of 20 This District is to provide continuous storefront retail development on the ground floor frontage, to encourage pedestrian activity, and to provide opportunity for residential development above the ground floor in the City Centre. Other civic, cultural and institutional uses are encouraged in this District. Permitted Uses Eating and Drinking Establishments Government Services Health Services Mixed Use Development Personal Service Establishments Professional and Office Services Public Libraries and Cultural Exhibits Retail Sales Theatres Discretionary Uses Accessory Uses and Buildings Accessory Buildings Accessory Uses Alcohol Sales, Major Alcohol Sales, Minor Bus Depot Child Care Facilities Commercial Schools, non-industrial Food Trucks Hotels Motels Parking Facilities Private Clubs Recreation Establishment, Indoor Religious Assembly, on Plan 2387 AR, Block 7, Lot 3-4 Special Care Facilities 27. By adding the following in bold and deleting the following in strikethrough: SECTION 124 C2 VEHICLE ORIENTED COMMERCIAL DISTRICT (1) GENERAL PURPOSE This District is intended to provide for the development of commercial uses serving vehicle traffic on Sites adjacent to Arterial roads and Highway 16A and Highway 16. Permitted Uses Alcohol Sales, Minor Animal Service Facility, Minor Automobile Sales and Rentals Bus Depots Eating and Drinking Establishments Gas Bars Health Services Home Improvement Retail Hotels Motels Discretionary Uses Accessory Buildings Alcohol Sales, Major Animal Service Facility, Major Alcohol Sales, Major Automobile Service Centres Car Washes Drive Through Businesses Equipment Sales, Services and Rentals Food Trucks 76

77 Bylaw C Page 18 of 20 Personal Service Establishments Professional and Office Services Recreational Establishment, Commercial Recreational Establishment, Indoor Retail, Major Retail Sales Service Stations Theatres Funeral Homes Greenhouses Parking Facilities Private Clubs Public Utility Buildings Recycling Transfer Depots Religious Assembly on Lot 9 Plan 739TR Repair Services Wholesale Establishments 28. By adding the following in bold and deleting the following in strikethrough: SECTION 126 C4 INTEGRATED MIXED USE DISTRICT (1) GENERAL PURPOSE The purpose of this District is to provide for Development that integrates Street Oriented commercial Uses and residential Uses above in a multi-storey Building. This District is not intended to accommodate large format commercial Development. Permitted Uses Animal Service Facility, Minor Health Services Mixed Use Development Personal Service Establishments Professional and Office Services Retail Sales Discretionary Uses Accessory Buildings and Uses Accessory Buildings Accessory Uses Alcohol Sales, Minor Child Care Facilities Commercial Schools, non-industrial Eating and Drinking Establishments Public Libraries and Cultural Exhibits Private Clubs Public Utility Buildings Repair Services 29. By adding the following in bold: SECTION 127 M1 GENERAL INDUSTRIAL DISTRICT (1)(a) Any permitted use where, in the opinion of the Development Officer, there is significant risk of interfering with the safety and amenity of the adjacent and nearby sites because of the nature of the site, materials, or process that may create significant nuisance, shall be considered a discretionary use. 77

78 Bylaw C Page 19 of By adding the following in bold and deleting the following in strikethrough: SECTION 128 PS PUBLIC SERVICE INSTITUTIONAL DISTRICT (1) GENERAL PURPOSE This District is intended for the Development of public and private services which contribute to governance, culture, safety and health in the community. Permitted Uses Accessory Buildings Government Services Hospitals Post Secondary Institution Public Libraries and Cultural Exhibits Religious Assembly Schools Discretionary Uses Cemeteries Child Care Facilities Food Trucks Group Care Facilities Health Services Private Clubs Public Utility Buildings Recreation Recreational Establishments, Indoor Special Care Facilities Theatres Transit Transfer Stations 31. By adding the following in bold and deleting the following in strikethrough: SECTION 131 UR URBAN RESERVE DISTRICT (1) GENERAL PURPOSE This District is intended to allow for Agricultural Uses and limited rural land Uses that do not prejudice the future Development of the land for urban Uses. Permitted Uses Agriculture Discretionary Uses Accessory Buildings Family Day Homes Home Occupations Natural Resource Development Park and Ride Facilities Single Detached Dwelling Temporary Buildings or Uses Topsoil Processing Park and Ride Facilities 32. This amending bylaw shall be consolidated into Bylaw C

79 Bylaw C Page 20 of This bylaw shall come into force and effect when it receives third reading and is duly signed. First Reading Carried January 11, 2016 Public Hearing Second Reading Third Reading Date Signed Mayor City Clerk 79

80 LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C SECTION CHANGE RATIONALE Various Sections Change the spelling of center to centre, centerline to centerline, color to colour and behavior to behaviour throughout bylaw Consistent use of Canadian spelling Various Sections Section 7 Definitions Change mobile home to manufactured home Add FACILITY to the phrase ADULT ENTERTAINMENT Add ESTABLISHMENT to the phrase BED AND BREAKFAST Add definition for "CANTILEVERED WALL Add definition for COMMERCIAL SCHOOLS, NON- INDUSTRIAL Add definition for COMMUNICATION TOWER Add definition of EMERGENCY MEASURE Exchange the word Development for Use in FAMILY DAY HOME Change the name LIMITED GROUP HOME to GROUP HOME, LIMITED and change Residential Care Facility to residential care facility Add definition for PARK Add the word FACILITY to the phrase PARK AND RIDE In definition for PARKING FACILITY, add a phrase that excludes parking that is accessory to a principal use In the definition for PUBLIC UTILIY BUILDING, add the phrase or development The term mobile home is no longer used; manufactured home is correct terminology Consistent use name Consistent use name To provide a definition for greater clarity To provide a definition for a listed use To provide a definition for a regulated use To provide a definition for a proposed deemed approved use To provide clarity to definition To provide for consistent nomenclature and improve usability; residential care facility is not a defined use so should not be capitalized To provide a definition for a listed use Consistent use name To provide clarity that parking that is accessory to a principal use is excluded from this use To explicitly include development like storm water management facilities in the use December 21,

81 Section 11(1)(g) WHERE A DEVELOPMENT PERMIT IS NOT REQUIRED Section 11(1)(j) WHERE A DEVELOPMENT PERMIT IS NOT REQUIRED Section 11(1)(u) WHERE A DEVELOPMENT PERMIT IS NOT REQUIRED Section 16(5)(c) NOTICE OF DEVELOPMENT PERMIT DECISION Section 18 VALIDITY OF DEVELOPMENT PERMITS Section 22(6) NON- CONFORMING USES AND BUILDINGS Section 30(4) DESIGN AND APPEARANCE OF BUILDINGS Section 44(4) PROJECTIONS INTO SIDE YARD (PRINCIPAL BUILDINGS) LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C Add definition for RADIO ANTENNA In the definition for SITE, CORNER add the phrase and shall include a Site that is bordered by two Streets that meet but do not intersect. Add the word TRANSFER in the phrase TRANSIT CENTRE Change the width of the deemed approved hard surfaced on site parking from 7.5 m to 6.1 m from streets and alleys Add reference note regarding flags and banners Add an emergency measure, undertaken only by the City of Spruce Grove or by a contractor on behalf of the City as a deemed approved use Replace the posting of a notice of development permit approval on a site with the posting of a notice on the City s website Add new section to provide discretion to Development Officer or Council to extend to validity period for development permits Exchange the word market for assessed Exchange the word commercial with nonresidential Add the phrases and landings and up to 0.6 m from any property line To provide a definition for a use that is excluded from definition for Communication Tower To broaden the definition to include all corner sites Consistent use name To provide more room for offsite parking and improve esthetics To provide clarity To allow the City to undertake a mitigative activity without development permit approval in the case of an emergency or disaster To update the provisions for providing notice of development permit approvals to be consistent with existing practice To provide for the extension of development permits Assessed value of a damaged or destroyed building is more representative of actual value of a building since it includes depreciation To provide for the provision of architectural features on all types of large non-residential buildings, not just commercial To provide for a minimum side yard setback from stairs and December 21,

82 Section 47(1) RESTRICTED OBJECTS IN YARDS Section 52A CONTROL OF NUISANCES Section 53(2) ACCESSORY BUILDINGS Section 53(4) ACCESSORY BUILDINGS Section 62(2) - CHILD CARE FACILITIES Section 66(1)(a) FAMILY DAY HOMES Section 70(2)(e) HOME OCCUPATIONS Section 84(1) Table 1 Minimum Parking Space Dimensions Section 85(2) NUMBER OF ON SITE PARKING STALLS REQUIRED Section 89(16) GENERAL LANDSCAPING LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C Re-name Site Cleanliness Bylaw to Construction Site Cleanliness Bylaw Add new SECTION 52A CONTROL OF NUISANCES from Section 33 Pollution Control from previous Land Use Bylaw C Add the phrase or Garden Suite Add a phrase to prohibit fabric covered buildings in residential districts Delete the phrase or industrial Exchange the word another to a Exchange the section with the following: No employee of a Home Occupation, other than a resident of the Dwelling, shall undertake any work at the Dwelling, including parking of their motor vehicle. For 90 o Space Depth Perpendicular to Aisle, change the 6.1 m to 6.0 m Add parking requirements for Home Occupations as required by the Development Officer Replace the first sentence to as follows: Should any City Boulevard be disturbed by adjacent development, the City Boulevard shall be landscaped landings to property line to allow for sufficient access To be consistent with the name of Bylaw C To provide for regulation respecting the control of potential nuisances To provide a more comprehensive list of dwelling types that may be contained within in an accessory building To provide additional regulation directly prohibiting fabric covered buildings in residential districts. To provide clarity that Child Care Facilities are neither permitted nor discretionary uses in the M1 Industrial District To provide clarity since Family Day Home is not considered a home occupation To provide clarity that an employee may not undertake work or park at the site of the home occupation To provide consistency between minimum front yard setback and minimum parking space depth To provide regulation related to parking for home occupations To provide clarity that the boulevard must have been disturbed to require a developer to provide landscaping, otherwise December 21,

83 Section 94(1) SIGN PERMITTING Section 108(2) FREESTANDING SIGNS Section 115(1) R1 Section 116 R2 Section 118(1) RE1 ESTABLISHED NEIGHBOURHOOD RESIDENTIAL DISTRICT 1 Section 119(1) RE2 ESTABLISHED LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C with sod and boulevard trees of an approved species planted at the recommended spacing for that species as deemed appropriate by the Development Officer. In Section 94(1), exchange the word are with the word be in the phrase are necessary or desirable Provide capitalization for word Mixed Add the word Houses to Boarding and Lodging Change the phrase from LIMITED GROUP HOME to GROUP HOME, LIMITED Add the word Houses to Boarding and Lodging Change the phrase from LIMITED GROUP HOME to GROUP HOME, LIMITED In Section 116(1)(a) change permitted used to uses Move Section 116 (3)(e) regarding single detached dwellings on certain lots to become Section 116 (1)(c) Move Section 116 (3)(f) regarding child care facility and religious assembly to become Section 116 (1)(b) Add the word House to Boarding and Lodging Change the phrase from LIMITED GROUP HOME to GROUP HOME, LIMITED Add the word House to Boarding and Lodging landscaping is provided during initial construction of road. Correct typographical error To provide for consistent nomenclature Consistent use name Consistent use name Consistent use name Consistent use name Correct typographical error Include all use provisions in Section 116(1) to reduce potential interpretation issue of use versus regulation. The SDAB can vary a regulation but cannot vary a use. Include all use provisions in Section 116(1) to reduce potential interpretation issue of use versus regulation. The SDAB can vary a regulation but cannot vary a use. Consistent use name Consistent use name Consistent use name December 21,

84 NEIGHBOURHOOD RESIDENTIAL DISTRICT 2 Section 123 C1 CITY CENTRE COMMERICAL DISTRICT Section 124(1) C2 VEHICLE ORIENTED COMMERCIAL DISTRICT Section 126(1) C4 INTEGRATED MIXED USE Section 128(1) PS PUBLIC SERVICE INSTITUTIONAL DISTRICT Section 131(1) UR URBAN RESERVE DISTRICT LAND USE BYLAW NO. C ANNUAL REVIEW PROPOSED AMENDMENTS BYLAW NO. C Change the phrase from LIMITED GROUP HOME to GROUP HOME, LIMITED Separate Accessory Uses and Buildings into Accessory Uses and Accessory Buildings Add missing bullets under permitted uses Correct alphabetical locations of Animal Service Facility, Major and Alcohol Sales, Major Remove HOME IMPROVEMENT RETAIL as a use Add the word DISTRICT to the district name Separate Accessory Uses and Buildings into Accessory Uses and Accessory Buildings Change Recreation to Recreational for Recreation Establishments, Indoor Correct alphabetical location of Park and Ride Facilities Consistent use name To be consistent with the defined use names Correct typographical error Correct typographical error The use is not defined and is not different from Retail Sales or Retail, Major To provide for consistent nomenclature To be consistent with the defined use names Consistent use name Correct typographical error December 21,

85 Bylaws Item # 9. c. Regular Council Meeting Agenda Meeting Date: 01/25/2016 Title: C Third Reading - Tree Protection Bylaw - Levasseur Department: Planning & Infrastructure Recommendation That third reading be given to Bylaw C Tree Protection Bylaw, as amended. Reasons for Recommendation To allow for the ongoing protection of the public tree resources within the City of Spruce Grove. Background The proposed bylaw was prepared to allow for the protection and preservation of the City's inventory of public trees. Several incidents involving the destruction or damage to City trees outlined the need for a bylaw that discourages these behaviors through increased fine options and the ability for the City to seek compensation for loss when appropriate. Operationally there was also an identified need for a bylaw that supported the development of tree care policies to outline service levels and manage risks associated with tree ownership. Analysis The City has made significant ongoing investments in trees through annual planting efforts and by supporting associated ongoing tree care operations. These trees, along with the many natural forested areas in the City, represent a significant municipal asset that requires effective ongoing stewardship. The Open Space Area Bylaw was updated earlier in 2015, but this bylaw focuses on the use of open spaces and does not provide the level of protection required for our current urban forest asset. Options/Alternatives N/A Consultation/Engagement 85

86 Over the last year Public Works has led the development of this bylaw and through numerous revisions have incorporated input from staff in the Enforcement Services, Recreation, Parks, Engineering, and Planning departments. Parks and Open Spaces staff reviewed existing tree bylaws from numerous communities in Alberta. Further to the request from Council at second reading of the bylaw on January 11, 2016, revisions have been made to sections 2 and 5 of the bylaw. A track change copy of the bylaw has been attached to highlight the revisions made. Implementation/Communication N/A Impacts The Tree Protection Bylaw will decrease vandalism, increase the effectiveness of Enforcement Services with respect to tree protection, increase compensation for tree asset losses, reduce risk exposure due to Urban Forestry Policy development and ensure effective policy development around tree maintenance and service levels. Strategic Vision Element: Where People Choose to Live - A dynamic city with an exceptional quality of life Related Goal: High quality leisure, recreational, commercial and social infrastructure and amenities that meet the interests and needs of the greater community are in place and conveniently accessible. Attachments Tree Protection Bylaw Tree Protection Bylaw - Track Changes 86

87 THE CITY OF SPRUCE GROVE BYLAW C TREE PROTECTION BYLAW WHEREAS, pursuant to the Agricultural Pests Act, R.S.A. 2000, c. A-8 and Pest and Nuisance Control Regulation, Alta Reg 184/2001, Council may pass bylaws for the prevention and control of Dutch Elm Disease and Dutch Elm Disease vectors, the native elm bark beetle and the European elm bark beetle and for implementation of regulating people, activities and things in public places or places that are open to the public; AND WHEREAS, it is desirable to protect, preserve and retain trees in public spaces owned or controlled by the City of Spruce Grove; AND WHEREAS, the City of Spruce Grove s Urban Forest provides many environmental, health, and economic benefits to the community including: Improvement of air quality by removal of gaseous pollutants and dust particulates; Absorption of carbon dioxide; Climate moderation and energy conservation; Storm water retention; Wildlife habitat; Aesthetics; and General improvement of quality of life; AND WHEREAS, public trees share limited space with services such as utilities and transportation infrastructure, the repair and replacement of which causes loss of valuable trees. NOW THEREFORE, the Council for the City of Spruce Grove, duly assembled hereby enacts as follows: 1. DEFINITIONS 1.1. Act means the Municipal Government Act, R.S.A., 2000, c. M-26 and amendments thereto Boulevard means: Page 1 of 10 87

88 Bylaw C Page 2 of 10 a. The strip of land between the curb and the sidewalk and between the sidewalk and the property line, or b. Where there is no sidewalk, the strip of land between the curb and the property line, or c. Where there is no curb, the strip of land between the near edge of the road and the property line City means the City of Spruce Grove or, where the context requires, the area comprised within the boundaries of the City as it may exist from time to time while this Bylaw is in force City Lands means property owned, controlled or maintained by the City including parks, Open Space Areas, cemeteries, walkways, medians, Boulevards and road rights-of-ways Council means the Mayor and Aldermen duly elected pursuant to the provisions of the Local Authorities Election Act, R.S.A., 2000, c.l Dutch Elm Disease means the disease caused by the fungus Ophiostoma ulmi (Buis.) Nannf, (Syn. Ceratocystis ulmi (Buis.) or Ophiostoma novo-ulmi (Brasier) Elm Tree means any tree or part of a tree whether dead or alive of the Ulmus genus Emergency Personnel includes fire rescue personnel, emergency medical providers, law enforcement officers, local, provincial and federal authorities and workers engaged in emergency repair to a Public Utility Equitable Compensation means: a. for public trees and shrubbery, the compensation for the loss of the asset value or compensation for the diminishment of the asset value, as determined by the document titled Guidelines for Evaluation of Trees, a documented methodology that is set forth in the current edition of the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture, or b. for natural treed areas, the compensation value for such tree areas as determined by the document titled The Tree Evaluation Method for Natural Stands in Our Urban Environment (Tree Canopy Replacement Method), a methodology document that was adapted with reference to the Alberta Agriculture publication, A Guide to Determining Replacement Values of Trees and Shrubs in Alberta, Section 3 (AGDEX 275/33-3) Hazard Tree means: 88

89 Bylaw C Page 3 of 10 a. any tree that may fail due to mortality or a structural defect or changed stand conditions and, as a result, may cause property damage or personal injury, or b. any tree that, in the opinion of the Manager has deteriorated to the point that it is capable of supporting elm bark beetle habitation and breeding, or any other insect or virus, making that tree a hazard that may promote the spread of disease Infected Tree means any tree that, in the opinion of the Manager is infected by a disease or insect including, without limitation, Dutch Elm Disease or Emerald Ash Borer Manager means the General Manager of Planning and Infrastructure or their duly appointed designate(s) Move means uprooting and transferring a tree from one location to another Natural Treed Area means those trees occurring as a result of natural succession or those trees planted as part of naturalization efforts, growing within the City Open Space Area means any of the following: a. any land in the City which is developed, used, leased, controlled or managed by the City as a public park, sport field, playground, recreational area, dog off-leash park, storm water management facility, cemetery or natural area, including, without restricting the generality of the foregoing, all lands in the City which are jointly controlled or managed by the City and an Educational Authority for any of the purposes previously described; b. any land acquired through the subdivision process as reserve; c. any land used as a highway buffer strip, whether on a permanent or temporary basis; d. any land designated by resolution of Council as an Open Space Area for the purpose of this Bylaw; and e. any land developed and operated by the City as a pathway Peace Officer means a member of the R.C.M.P., a member of the Municipal Police Service, a Special Constable or a Bylaw Enforcement Officer Person means any corporation, firm, partnership, association, or registered company, as well as a natural person Prune means the cutting of tree branches, twigs or roots. 89

90 Bylaw C Page 4 of Public Tree includes any tree, which has any part of its trunk located on City Lands and was part of a City development Public Utility means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use: a. water or steam; b. sewage disposal; c. public transportation operated by or on behalf of the City; d. irrigation; e. drainage; f. electric power; g. roads, sidewalks, or pathways; h. waste management; and i. telecommunications and cable television; and includes the thing that is provided for public consumption, benefit, convenience or use Regulation includes City Bylaws Shrubbery means shrubs collectively, a woody plant smaller that a tree, usually having multiple permanent stems branching from or near the ground, and can include the undergrowth of other plants, especially under trees in woodland Tree means any perennial woody plant that normally has one or few upright stems and is maintained as a tree and includes plants designated as trees by the Manager Tree Protection Barrier means a fence or other protective cordon surrounding a tree to restrict access. 2. APPLICATIONS AND EXEMPTIONS 2.1. This Bylaw does not apply to City staff or its authorized agents when completing work in accordance with approved City Operations. 90

91 Bylaw C Page 5 of In accordance with Regulations governing Public Utilities, a Public Utility may perform such Pruning as necessary to comply with safety Regulations and to maintain safe operation of their facilities provided that: a. at least three business days prior to commencing any Pruning, the Public Utility provides the Manager written notice of its intention to Prune; b. the Pruning is carried out in accordance with accepted arboricultural standards and practices; and c. the Public Utility follows any specific directions of the Manager as to how the work shall be carried out The Manager may order the Public Utility to stop any Pruning performed by a Public Utility if appropriate arboricultural practices are not being followed Where removal or Pruning of a Public Tree is determined to be necessary by Emergency Personnel responding to an emergency, such Tree or part of it may be cut or removed without first obtaining written authorization to do so Emergency Personnel shall notify the Manager of the emergency and work done on the Public Tree as soon as possible Peace Officers shall notify the Manager of damaged or destroyed Public Trees resulting from any incidents or willful damage without delay so affected Trees may be repaired or removed as required. 3. PLANTING 3.1. No Person shall plant Trees or Shrubbery on City Lands or cause Trees or Shrubbery to be planted on City Lands without prior written authorization from the Manager, and in the case of walkways, medians, Boulevards, and road rights of way, without additional prior written authorization from the Director of Engineering Written authorization to plant Trees or Shrubbery on City Lands does not relieve a Person from obtaining any other approvals which may be required under any other Regulation. 4. DAMAGE TO TREES 4.1. No Person shall damage, disturb, remove, Move, cut, or Prune a Public Tree or Shrubbery or cause a Public Tree or Shrubbery to be damaged, disturbed, removed, Moved, cut or Pruned without prior written authorization from the Manager. 91

92 Bylaw C Page 6 of No Person shall remove the bark of any Public Tree or cause the bark of a Public Tree to be removed without the prior written authorization from the Manager No Person shall use or caused to be used an object of any kind to penetrate the bark of a Public Tree without prior written authorization from the Manager. 5. TREE PROTECTION 5.1. No Person shall remove or caused to be removed any part of a Tree Protection Barrier, structure or device on or around any Public Tree, enter into or cause another Person to enter into the area enclosed by any Tree protection system No Person shall, by any means, attach any notice, bill, sign, or poster to any Public Tree unless required or allowed to do so by written direction of the Manager On a prosecution or other proceeding pursuant to section 8, any Person who may benefit from a sign or poster attached to a Public Tree will be deemed to have attached the sign or poster to the Public Tree unless that Person brings forward evidence to the contrary No Person shall use a Public Tree to secure any object No Person shall attach an electrical cord to a Public Tree or put anything in the branches of a Public Tree or cause anything to be put in the branches of a Public Tree No Person shall place, apply or spray or cause to be placed, applied or sprayed any substance other than water on or near any Public Tree without the prior written authorization of the Manager No Person shall alter the grade level or drainage pattern in any manner so as to interfere with the access of water, air or nutrients to any Public Tree No Person shall commence or continue any work or activity which damages or interferes with the root system or upper structure of any Public Tree No Person shall remove Trees from any area identified in the Municipal Development Plan as an Environmental Significant Area, or in the Parks and Open Space Master Plan as a park or node, without approval from the Manager. 6. DISEASE CONTROL 6.1. A Person who removes an Elm Tree from within the City shall ensure the following occurs: a. the stump is removed to a minimum depth of 15 centimeters below the soil line; or 92

93 Bylaw C Page 7 of 10 b. the stump is treated in a manner acceptable to the Manger; and c. the Elm Tree be disposed of in a manner authorized by the Manager Subject to section 6.3, an owner of an Elm Tree shall keep the Elm Tree Pruned: a. so that the Elm Tree is free of wood that is dead or dying; or b. within a reasonable time after damage to the Elm Tree occurs so that the Elm Tree is free of wood that is dead or dying No Person shall Prune an Elm Tree between April 1 and September 30 in any year unless Pruning is explicitly authorized in writing by the Manager pursuant to section Where the Manager is satisfied that it is safe, having regard to the control of Dutch Elm Disease, to Prune an Elm Tree, a. which is an Infected Tree or a Hazard Tree, or b. between April 1 and September 30 in any year, the Manager may give written authorization to a Person to Prune the Elm Tree and may grant such authorization subject to such terms and conditions as the Manager deems appropriate A Person receiving an authorization by the Manager to Prune an Elm Tree shall comply with all terms and conditions imposed thereon No Person shall transport Elm Tree pieces into the City. 7. EQUITABLE COMPENSATION 7.1. Persons who contravene this bylaw will be liable for costs incurred by the City. These costs shall include labour, material, equipment charges and applicable overheads The asset value of the Public Tree or the diminishment of the Public Tree s asset value will be determined by: a. the document titled Guidelines for Evaluation of Trees, a documented methodology that is set forth in the current edition of the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture, new versions thereto; b. for Public Trees in Natural Treed Areas or Public Trees that serve as a windbreak and shelterbelt the compensation value for such treed areas 93

94 Bylaw C Page 8 of 10 as determined by the document titled The Tree Evaluation Method for Natural Stands in Our Urban Environment (Tree Canopy Replacement Method), a methodology document that was adapted with reference to the Alberta Agriculture publication, A Guide to Determining Replacement Value of Trees and Shrubs in Alberta, Section 2 and Section 3 (AGDEX 275/33-3) Persons who contravene this bylaw will be liable for any additional costs arising from unplanned maintenance and costs associated with out of season Tree relocation or repair or custom work above normal standards or outside of regular schedules. 8. ENFORCEMENT OF BYLAW 8.1. Where a Peace Officer believes a Person has contravened any provision of this Bylaw, he may: a. in accordance with the Act issue to the Person an order to remedy the infraction; b. issue to the Person, a violation ticket in accordance with the Provincial Offenses Procedures Act, R.S.A. 2000, c. P-24; or c. do both a. and b Where a Peace Officer has reasonable and probable grounds to believe there has been a contravention of this bylaw with respect to a Public Tree, he may in accordance with the Act, issue to the owner of the property adjacent to the Public Tree an order to remedy the contravention. a. If the Person to whom an order has been issued pursuant to section 8.1 or 8.2 fails to comply with the order within the time specified in the order: i. That Person commits an offence under this section and a Bylaw Enforcement Officer may issue a violation ticket pursuant to the Provincial Offenses Procedures Act, R.S.A. 2000, c. P-24; and ii. The City may take whatever steps are necessary to remedy the breach of the Bylaw and the cost of doing so becomes a debt owing to the City by the Person to whom the order was issued in accordance with the Act. b. Any items removed pursuant to this section, if deemed of value, will be removed to a place of safe keeping and will: i. be assessed a daily fee for storage costs and as may be determined from time to time by the Manager, and 94

95 Bylaw C Page 9 of 10 ii. if unclaimed within 90 days, be sold at public auction Any Person who contravenes a provision of this bylaw is guilty of an offence and is liable: a. for a first offence to a fine of not less than $100.00; and b. for a second offence of the same provision within a twenty-four month period to a fine of not less than double the first offence The specified penalty for a first offence is the amount shown in Schedule A in respect of that offence All violations of this bylaw which are of a continuing nature shall constitute a separate offence for each day the offence continues Nothing in this bylaw relieves a Person from complying with any federal or provincial law or Regulation, other bylaw or any requirements of any lawful permit, order, consent or other direction Every provision of this bylaw is independent of all other provisions, if any provision of this bylaw is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this bylaw shall remain valid and enforceable. 9. EFFECTIVE DATE 9.1. This bylaw shall come into force and effect when it receives third reading and is duly signed. First Reading Carried December 14, 2015 Second Reading Carried January 11, 2016 Third Reading Carried, 20 Date Signed, 20 Mayor City Clerk 95

96 Bylaw C Page 10 of 10 SCHEDULE A SPECIFIED PENALTIES SECTION SPECIFED PENALTY 3 Planting tree without authorization $ Removing, Pruning or trimming a Public Tree without a permit $ Removing bark from Public Tree $ Penetrate bark of Public Tree $ Remove or enter Tree Protection Barrier $ Attach sign to a Public Tree $ Attach electrical cord to a Public Tree $ Securing objects to a Public Tree $ Put things in or on Public Tree $ Apply or spray harmful substance on a Public Tree Altering the grade level or drainage pattern that effects a Public Tree Damages or interferes with the root system or upper structure of a Public Tree $ $ $ Fail to care for live, dead or dying Elm Trees $ Transport of elm pieces into City $ Fail to comply with enforcement order $

97 THE CITY OF SPRUCE GROVE BYLAW C TREE PROTECTION BYLAW WHEREAS, pursuant to the Agricultural Pests Act, R.S.A. 2000, c. A-8 and Pest and Nuisance Control Regulation, Alta Reg 184/2001, Council may pass bylaws for the prevention and control of Dutch Elm Disease and Dutch Elm Disease vectors, the native elm bark beetle and the European elm bark beetle and for implementation of regulating people, activities and things in public places or places that are open to the public; AND WHEREAS, it is desirable to protect, preserve and retain trees in public spaces owned or controlled by the City of Spruce Grove; AND WHEREAS, the City of Spruce Grove s Urban Forest provides many environmental, health, and economic benefits to the community including: Improvement of air quality by removal of gaseous pollutants and dust particulates; Absorption of carbon dioxide; Climate moderation and energy conservation; Storm water retention; Wildlife habitat; Aesthetics; and General improvement of quality of life; AND WHEREAS, public trees share limited space with services such as utilities and transportation infrastructure, the repair and replacement of which causes loss of valuable trees. NOW THEREFORE, the Council for the City of Spruce Grove, duly assembled hereby enacts as follows: 1. DEFINITIONS 1.1. Act means the Municipal Government Act, R.S.A., 2000, c. M-26 and amendments thereto Boulevard means: Page 1 of 11 97

98 Bylaw C Page 2 of 11 a. The strip of land between the curb and the sidewalk and between the sidewalk and the property line, or b. Where there is no sidewalk, the strip of land between the curb and the property line, or c. Where there is no curb, the strip of land between the near edge of the road and the property line City means the City of Spruce Grove or, where the context requires, the area comprised within the boundaries of the City as it may exist from time to time while this Bylaw is in force City Lands means property owned, controlled or maintained by the City including parks, Open Space Areas, cemeteries, walkways, medians, Boulevards and road rights-of-ways Council means the Mayor and Aldermen duly elected pursuant to the provisions of the Local Authorities Election Act, R.S.A., 2000, c.l Dutch Elm Disease means the disease caused by the fungus Ophiostoma ulmi (Buis.) Nannf, (Syn. Ceratocystis ulmi (Buis.) or Ophiostoma novo-ulmi (Brasier) Elm Tree means any tree or part of a tree whether dead or alive of the Ulmus genus Emergency Personnel includes fire rescue personnel, emergency medical providers, law enforcement officers, local, provincial and federal authorities and workers engaged in emergency repair to a Public Utility Equitable Compensation means: a. for public trees and shrubbery, the compensation for the loss of the asset value or compensation for the diminishment of the asset value, as determined by the document titled Guidelines for Evaluation of Trees, a documented methodology that is set forth in the current edition of the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture, or b. for natural treed areas, the compensation value for such tree areas as determined by the document titled The Tree Evaluation Method for Natural Stands in Our Urban Environment (Tree Canopy Replacement Method), a methodology document that was adapted with reference to the Alberta Agriculture publication, A Guide to Determining Replacement Values of Trees and Shrubs in Alberta, Section 3 (AGDEX 275/33-3) Hazard Tree means: 98

99 Bylaw C Page 3 of 11 a. any tree that may fail due to mortality or a structural defect or changed stand conditions and, as a result, may cause property damage or personal injury, or b. any tree that, in the opinion of the Manager has deteriorated to the point that it is capable of supporting elm bark beetle habitation and breeding, or any other insect or virus, making that tree a hazard that may promote the spread of disease Infected Tree means any tree that, in the opinion of the Manager is infected by a disease or insect including, without limitation, Dutch Elm Disease or Emerald Ash Borer Manager means the General Manager of Planning and Infrastructure or their duly appointed designate(s) Move means uprooting and transferring a tree from one location to another Natural Treed Area means those trees occurring as a result of natural succession or those trees planted as part of naturalization efforts, growing within the City Open Space Area means any of the following: a. any land in the City which is developed, used, leased, controlled or managed by the City as a public park, sport field, playground, recreational area, dog off-leash park, storm water management facility, cemetery or natural area, including, without restricting the generality of the foregoing, all lands in the City which are jointly controlled or managed by the City and an Educational Authority for any of the purposes previously described; b. any land acquired through the subdivision process as reserve; c. any land used as a highway buffer strip, whether on a permanent or temporary basis; d. any land designated by resolution of Council as an Open Space Area for the purpose of this Bylaw; and e. any land developed and operated by the City as a pathway Peace Officer means a member of the R.C.M.P., a member of the Municipal Police Service, a Special Constable or a Bylaw Enforcement Officer Person means any corporation, firm, partnership, association, or registered company, as well as a natural person Prune means the cutting of tree branches, twigs or roots. 99

100 Bylaw C Page 4 of Public Tree includes any tree, which has any part of its trunk located on City Lands and was part of a City development Public Utility means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use: a. water or steam; b. sewage disposal; c. public transportation operated by or on behalf of the City; d. irrigation; e. drainage; f. electric power; g. roads, sidewalks, or pathways; h. waste management; and i. telecommunications and cable television; and includes the thing that is provided for public consumption, benefit, convenience or use Regulation includes City Bylaws Shrubbery means shrubs collectively, a woody plant smaller that a tree, usually having multiple permanent stems branching from or near the ground, and can include the undergrowth of other plants, especially under trees in woodland Tree means any perennial woody plant that normally has one or few upright stems and is maintained as a tree and includes plants designated as trees by the Manager Tree Protection Barrier means a fence or other protective cordon surrounding a tree to restrict access. 2. APPLICATIONS AND EXEMPTIONS 2.1. This Bylaw does not apply to trees on City-owned property or highways that are cut or removed by the City or its authorized agents in accordance with approved City operations. This Bylaw does not apply to City staff or its authorized agents when completing work in accordance with approved City Operations. 100

101 Bylaw C Page 5 of In accordance with Regulations governing Public Utilities, a Public Utility may perform such Pruning as necessary to comply with safety Regulations and to maintain safe operation of their facilities provided that: a. at least three business days prior to commencing any Pruning, the Public Utility provides the Manager written notice of its intention to Prune; b. the Pruning is carried out in accordance with accepted arboricultural standards and practices; and c. the Public Utility follows any specific directions of the Manager as to how the work shall be carried out The Manager may order the Public Utility to stop any Pruning performed by a Public Utility if appropriate arboricultural practices are not being followed Where removal or Pruning of a Public Tree is determined to be necessary by Emergency Personnel responding to an emergency, such Tree or part of it may be cut or removed without first obtaining written authorization to do so Emergency Personnel shall notify the Manager of the emergency and work done on the Public Tree as soon as possible Peace Officers shall notify the Manager of damaged or destroyed Public Trees resulting from any incidents or willful damage without delay so affected Trees may be repaired or removed as required. 3. PLANTING 3.1. No Person shall plant Trees or Shrubbery on City Lands or cause Trees or Shrubbery to be planted on City Lands without prior written authorization from the Manager, and in the case of walkways, medians, Boulevards, and road rights of way, without additional prior written authorization from the Director of Engineering Written authorization to plant Trees or Shrubbery on City Lands does not relieve a Person from obtaining any other approvals which may be required under any other Regulation. 4. DAMAGE TO TREES 4.1. No Person shall damage, disturb, remove, Move, cut, or Prune a Public Tree or Shrubbery or cause a Public Tree or Shrubbery to be damaged, disturbed, removed, Moved, cut or Pruned without prior written authorization from the Manager. 101

102 Bylaw C Page 6 of No Person shall remove the bark of any Public Tree or cause the bark of a Public Tree to be removed without the prior written authorization from the Manager No Person shall use or caused to be used an object of any kind to penetrate the bark of a Public Tree without prior written authorization from the Manager. 5. TREE PROTECTION 5.1. No Person shall remove or caused to be removed any part of a Tree Protection Barrier, structure or device on or around any Public Tree, enter into or cause another Person to enter into the area enclosed by any Tree protection system No Person shall, by any means, attach any notice, bill, sign, or poster to any Public Tree unless required or allowed to do so by written direction of the Manager Notwithstanding section 5.2, a Person may attach a notice to a Public Tree where required or allowed to do so by written direction of the Manager On a prosecution or other proceeding pursuant to section 8, any Person who may benefit from a sign or poster attached to a Public Tree will be deemed to have attached the sign or poster to the Public Tree unless that Person brings forward evidence to the contrary No Person shall attach an electrical cord to a Public Tree No Person shall use a Public Tree to secure any object Without restricting the generality of section 5.6, no Person shall secure newspaper vending boxes, bicycle racks, dog chains, clotheslines, guy wires, swings, or treehouse to a Public Tree No Person shall attach an electrical cord to a Public Tree or put anything in the branches of a Public Tree or cause anything to be put in the branches of a Public Tree No Person shall place, apply or spray or cause to be placed, applied or sprayed any substance other than water on or near any Public Tree without the prior written authorization of the Manager No Person shall alter the grade level or drainage pattern in any manner so as to interfere with the access of water, air or nutrients to any Public Tree No Person shall commence or continue any work or activity which damages or interferes with the root system or upper structure of any Public Tree No Person shall remove Trees from any area identified in the Municipal Development Plan as an Environmental Significant Area, or in the Parks and Open Space Master Plan as a park or node, without approval from the Manager. 102

103 Bylaw C Page 7 of DISEASE CONTROL 6.1. A Person who removes an Elm Tree from within the City shall ensure the following occurs: a. the stump is removed to a minimum depth of 15 centimeters below the soil line; or b. the stump is treated in a manner acceptable to the Manger; and c. the Elm Tree be disposed of in a manner authorized by the Manager Subject to section 6.3, an owner of an Elm Tree shall keep the Elm Tree Pruned: a. so that the Elm Tree is free of wood that is dead or dying; or b. within a reasonable time after damage to the Elm Tree occurs so that the Elm Tree is free of wood that is dead or dying No Person shall Prune an Elm Tree between April 1 and September 30 in any year unless Pruning is explicitly authorized in writing by the Manager pursuant to section Where the Manager is satisfied that it is safe, having regard to the control of Dutch Elm Disease, to Prune an Elm Tree, a. which is an Infected Tree or a Hazard Tree, or b. between April 1 and September 30 in any year, the Manager may give written authorization to a Person to Prune the Elm Tree and may grant such authorization subject to such terms and conditions as the Manager deems appropriate A Person receiving an authorization by the Manager to Prune an Elm Tree shall comply with all terms and conditions imposed thereon No Person shall transport Elm Tree pieces into the City. 7. EQUITABLE COMPENSATION 7.1. Persons who contravene this bylaw will be liable for costs incurred by the City. These costs shall include labour, material, equipment charges and applicable overheads The asset value of the Public Tree or the diminishment of the Public Tree s asset value will be determined by: 103

104 Bylaw C Page 8 of 11 a. the document titled Guidelines for Evaluation of Trees, a documented methodology that is set forth in the current edition of the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture, new versions thereto; b. for Public Trees in Natural Treed Areas or Public Trees that serve as a windbreak and shelterbelt the compensation value for such treed areas as determined by the document titled The Tree Evaluation Method for Natural Stands in Our Urban Environment (Tree Canopy Replacement Method), a methodology document that was adapted with reference to the Alberta Agriculture publication, A Guide to Determining Replacement Value of Trees and Shrubs in Alberta, Section 2 and Section 3 (AGDEX 275/33-3) Persons who contravene this bylaw will be liable for any additional costs arising from unplanned maintenance and costs associated with out of season Tree relocation or repair or custom work above normal standards or outside of regular schedules. 8. ENFORCEMENT OF BYLAW 8.1. Where a Peace Officer believes a Person has contravened any provision of this Bylaw, he may: a. in accordance with the Act issue to the Person an order to remedy the infraction; b. issue to the Person, a violation ticket in accordance with the Provincial Offenses Procedures Act, R.S.A. 2000, c. P-24; or c. do both a. and b Where a Peace Officer has reasonable and probable grounds to believe there has been a contravention of this bylaw with respect to a Public Tree, he may in accordance with the Act, issue to the owner of the property adjacent to the Public Tree an order to remedy the contravention. a. If the Person to whom an order has been issued pursuant to section 8.1 or 8.2 fails to comply with the order within the time specified in the order: i. That Person commits an offence under this section and a Bylaw Enforcement Officer may issue a violation ticket pursuant to the Provincial Offenses Procedures Act, R.S.A. 2000, c. P-24; and ii. The City may take whatever steps are necessary to remedy the breach of the Bylaw and the cost of doing so becomes a 104

105 Bylaw C Page 9 of 11 debt owing to the City by the Person to whom the order was issued in accordance with the Act. b. Any items removed pursuant to this section, if deemed of value, will be removed to a place of safe keeping and will: i. be assessed a daily fee for storage costs and as may be determined from time to time by the Manager, and ii. if unclaimed within 90 days, be sold at public auction Any Person who contravenes a provision of this bylaw is guilty of an offence and is liable: a. for a first offence to a fine of not less than $100.00; and b. for a second offence of the same provision within a twenty-four month period to a fine of not less than double the first offence The specified penalty for a first offence is the amount shown in Schedule A in respect of that offence All violations of this bylaw which are of a continuing nature shall constitute a separate offence for each day the offence continues Nothing in this bylaw relieves a Person from complying with any federal or provincial law or Regulation, other bylaw or any requirements of any lawful permit, order, consent or other direction Every provision of this bylaw is independent of all other provisions, if any provision of this bylaw is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this bylaw shall remain valid and enforceable. 9. EFFECTIVE DATE 9.1. This bylaw shall come into force and effect when it receives third reading and is duly signed. First Reading Carried December 14, 2015 Second Reading Carried, 20 Third Reading Carried, 20 Date Signed,

106 Mayor Bylaw C Page 10 of 11 City Clerk 106

107 Bylaw C Page 11 of 11 SCHEDULE A SPECIFIED PENALTIES SECTION SPECIFED PENALTY 3 Planting tree without authorization $ Removing, Pruning or trimming a Public Tree without a permit $ Removing bark from Public Tree $ Penetrate bark of Public Tree $ Remove or enter Tree Protection Barrier $ Attach sign to a Public Tree $ Attach electrical cord to a Public Tree $ Securing objects to a Public Tree $ Put things in or on Public Tree $ Apply or spray harmful substance on a Public Tree Altering the grade level or drainage pattern that effects a Public Tree Damages or interferes with the root system or upper structure of a Public Tree $ $ $ Fail to care for live, dead or dying Elm Trees $ Transport of elm pieces into City $ Fail to comply with enforcement order $

108 Bylaws Item # 9. c. Regular Council Meeting Agenda Meeting Date: 01/25/2016 Title: C Third Reading - Land Use Bylaw Amendment - Redistricting - RCMP Site - Levasseur Department: Planning & Infrastructure Recommendation That third reading be given to Bylaw C Land Use Bylaw Amendment - Redistricting - RCMP Site. Reasons for Recommendation In order to process the bylaw, which will allow for the development of an RCMP facility. Background This proposed amendment was prepared by City Administration in order to move forward with the orderly development of a future RCMP facility. The future site of the RCMP facility was selected by Council on November 24, 2014, near the intersection of Highway 16A and Campsite Road. The new facility is a joint project between the City of Spruce Grove and the Town of Stony Plain. The Land Use Bylaw (LUB) amendment (Attachment A) will redistrict part of NE ¼ Section that has been approved for the future RCMP facility. Amendments to both the Municipal Development Plan (MDP) and Shiloh Area Structure Plan (ASP) were given third reading by Council on July 13, The amendment to the Land Use Bylaw may now be undertaken since the development agreement has been completed and signed. Analysis The Municipal Development Plan The Municipal Development Plan (MDP) is the City s primary statutory plan. The subject site is located in a Vehicle Oriented Commercial area and is identified as one of the major employment areas in the City of Spruce Grove. A bylaw (C ) to amend the MDP and change the designation of the subject site from Vehicle Oriented Commercial to an Institutional designation was given third reading by Council on July 13, Area Structure Plan (C ) The current Shiloh Area Structure Plan (ASP) was adopted in September,

109 The subject site is currently designated as a Commercial area and is considered as the City s western gateway. A larger area that includes the subject site is a high visibility corridor along Highway 16A that will accommodate both major and minor commercial uses that range from big box to smaller retailers. A bylaw (C ) to amend the ASP and change the designation of the subject site from Commercial to Institutional was given third reading by Council on July 13, Land Use Bylaw (C ) The subject lands are districted UR Urban Reserve. The reclassification of land to other land use districts is normally required before subdivision and development can occur. The purpose of the PS Public Service Institutional District is for the development of public and private services which contribute to governance, culture, safety and health in the community. Reclassifying the UR Urban Reserve District to a PS Public Service Institutional District allows for the proposed RCMP facility on this site. Site Plan Currently, there is no site plan or design for the RCMP facility. The site must first be redistricted PS Public Service Institutional District and subdivided before the design process will start. Options/Alternatives N/A. Consultation/Engagement Circulation The proposed amendment was circulated internally for other departments comments. Public Hearing In addition, a public hearing was held prior to second reading. Tom Goulden, the CAO of the Town of Stony Plain, appeared at the public hearing to speak in favor of the bylaw amendments. The City also received notice that Parkland County was requesting a risk assessment due to the location of the future facility in close proximity to the CN railway line. Lastly, Administration received recommendations from CN Rail indicating that for this particular project that security fencing and limited access close to the railway were sufficient risk mitigation from their perspective. Administration recommends that no further study be undertaken, but that the feedback from CN will be passed on to the architect for the site. The Municipal Development Plan amendment related to this redistricting had to be approved by the Regional Evaluation Framework of the Capital Region Board. Approval was received on June 8, and the appeal period expired on July 6. Implementation/Communication 109

110 The Planning Department will implement this Land Use Bylaw Amendment if approved by Council. Impacts The proposed bylaw would allow the development of a future RCMP facility to proceed. Strategic Vision Element: Where People Choose to Live - A dynamic city with an exceptional quality of life Related Goal: Citizens feel safe within their communities. C Third Reading Attachment B: Location Aerial Attachment C: ASP Overview Attachments 110

111 THE CITY OF SPRUCE GROVE BYLAW C LAND USE BYLAW AMENDMENT WHEREAS, pursuant to the Municipal Government Act, R.S.A., 2000, c.m-26, a municipality shall pass a land use bylaw and may amend the land use bylaw; AND WHEREAS, the City of Spruce Grove wishes to amend Bylaw C , the Land Use Bylaw for the City of Spruce Grove; NOW THEREFORE, the Council for the City of Spruce Grove, duly assembled hereby enacts as follows: 1. This bylaw is called RCMP Site. 2. Bylaw C containing the Land Use Districts Map, be amended as follows: 2.1 To redistrict a portion of NE ¼ from UR Urban Reserve to: a. PS Public Service Institutional District, As shown on the map below (See Figure 1). Figure 1 - Proposed Redistricting for a RCMP Site. 2.2 The purpose of this bylaw is to redistrict the subject lands to allow for subdivision and development of a future RCMP site. Page 1 of 2 111

112 Bylaw C Page 2 of 2 3. This amending bylaw shall be consolidated into Bylaw C This bylaw shall come into force and effect when it receives third reading and is duly signed. First Reading Carried 27 April 2015 Public Hearing Held May 25, 2015 Second Reading Carried May 25, 2015 Third Reading Carried Date Signed Mayor City Clerk 112

113 CAMPSITE ROAD Location Aerial C Proposed Redistricting RCMP Facility HWY 16A HWY 16A UR to PS UR to PS R A I L R O A D R. O. W. R A I I L R O A D R.. O.. W. R A I L R O A D R. O. W.. MADISON CRESCENT I Meters 113

114 Site of Proposed Redistricting RCMP Facility ASP Overview C W E S T C E N T R A L JENNIFER HEIL WAY H E R I T A G E E S T A T E S MCLEOD AVE HIGHWAY 16A HIGHWAY 16A R A I L R O A D R. O. W. S H I L O H CAMPSITE ROAD MADISON CRES DIAMOND AVE E A S T C A M P S I T E B U S I N E S S P A R K Legend ASP Boundaries Parks / Open Space / MR Institutional Special Study Area Low to Medium Density Residential Environmental Reserve Commercial Medium to High Density Residential Stormwater Management Industrial 114