AGENDA TOWN OF PEACE RIVER MUNICIPAL PLANNING COMMISSION Monday, June 25, :30 PM Twelve Foot Davis Meeting Room

Transcription

1 AGENDA TOWN OF PEACE RIVER MUNICIPAL PLANNING COMMISSION Monday, June 25, :30 PM Twelve Foot Davis Meeting Room I CALL TO ORDER II ADDITIONS AND DELETIONS TO AGENDA III ADOPTION OF AGENDA IV MINUTES 1. Minutes of the May 28, 2018 MPC Meeting V OLD BUSINESS VI NEW BUSINESS 1. Development Permit Application # Lot 19 & 20, Block 8, Plan 3735AX Discretionary Use - Garage/Garden Suite Roll # VII OTHER BUSINESS 1. Bylaw 2032 and Cannabis Amendments VIII ADJOURNMENT Page 1 of 22

2 MINUTES OF THE TOWN OF PEACE RIVER MUNICIPAL PLANNING COMMISSION MEETING HELD ON MONDAY, MAY 28, 2018 IN THE ENGINEERING BOARDROOM AT THE TOWN OFFICE. Present: Regrets: Staff Present: Renate Bensch Johanna Downing Hayden Gust Elaine Manzer Terry Sawchuk Byron Schamehorn Jim Tallman Dianne Lavoie Tony Nickonchuk Susan Martineau Alisha Mody Jim McCuaig Katelyn Martineau Representative, Public At Large Representative, Town Council (via teleconference) Representative, Public At Large Representative, Town Council Representative, Public At Large Representative, Town Council Representative, Public At Large Representative, Public At Large Representative, Public At Large Development Officer Municipal Planner, MMSA Director of Engineering & Infrastructure Recording Secretary I CALL TO ORDER Terry Sawchuk called the meeting to order at 4:30 p.m. II ADDITIONS AND DELETIONS TO AGENDA None. III MPC ADOPTION OF AGENDA Elaine Manzer moved to adopt the agenda as presented. MOTION CARRIED IV MINUTES 1. Minutes of the April 3, 2018 MPC Meeting MPC Renate Bensch moved to adopt the minutes of the April 3, 2018 Municipal Planning Commission Meeting as presented. MOTION CARRIED Hayden Gust joined the meeting at 4:32 p.m. Jim McCuaig joined the meeting at 4:34 p.m. Page 1 of 3 Page 2 of 22

3 MINUTES OF THE TOWN OF PEACE RIVER MUNICIPAL PLANNING COMMISSION MEETING HELD ON MONDAY, MAY 28, 2018 IN THE ENGINEERING BOARDROOM AT THE TOWN OFFICE. V OLD BUSINESS None. VI NEW BUSINESS 1. Development Permit Application # Lot 11, Block 1, Plan Discretionary Use - Public Use - Primary Care Centre Roll # Susan Martineau provided a report regarding a request for approval of a primary care centre. The property is located within the Community Development District (COM). Cindy Millar and Ian Cosh from Northern Sunrise County were in attendance to discuss the permit application and answer questions from MPC members. MPC Elaine Manzer moved to approve the Discretionary Use of a primary care centre (Public Use) subject to the following conditions: a. That an updated site plan be submitted and approved by the Development Authority within 4 months of the date of the Development Permit Approval Notice, with an updated design with respect to: i. the parking configuration, and parking stall numbers; ii. iii. iv. the internal sidewalks; the provision of bike parking; the provision of landscaping; and v. information with respect to on-site lighting, if development includes on-site lighting. b. That building elevations, a description of the exterior finishing materials, and an updated floor plan be submitted and approved by the Development Authority within 4 months of the date of the Development Permit Approval Notice. c. That the development is constructed in a manner consistent with the recommendations outlined in the Geotechnical Investigation prepared by Parkland Geotechnical Ltd. for Northern Sunrise County, Project No.: GP3783, Dated April , Proposed Primary Care Medical Facility. d. That a Letter of Authorization from the registered landowner be submitted within 2 months of the date of the Development Permit Approval Notice, or that the applicant become the registered owner of the Project Land. e. That the developer enter into a development agreement with the Town within 5 months of the date of the Development Permit Approval Notice to construct or pay for the construction of off-street parking areas and loading and unloading areas; and to repair or provide for the repair of any municipal infrastructure, including but not limited to Page 2 of 3 Page 3 of 22

4 MINUTES OF THE TOWN OF PEACE RIVER MUNICIPAL PLANNING COMMISSION MEETING HELD ON MONDAY, MAY 28, 2018 IN THE ENGINEERING BOARDROOM AT THE TOWN OFFICE. municipal sidewalk, boulevard landscaping which may be damaged by the development or building operations; and to provide security for the same. MOTION CARRIED Susan Martineau, Cindy Millar and Ian Cosh left the meeting at 4:47 p.m. Susan Martineau returned to the meeting at 4:50 p.m. VII OTHER BUSINESS 1. Bylaw 2032 and Cannabis Amendments Alisha Mody explained the proposed amendments to the Land Use Bylaw relating to cannabis. The draft bylaws were provided to members for information and comments. The bylaws will be brought back to a future MPC meeting. 2. Bylaw Deck, Garage and Accessory Amendments Alisha Mody explained the proposed amendment to the Land Use Bylaw relating to decks, garages, and accessory buildings. The bylaws were provided to members for information and comments. Elaine Manzer, Byron Schamehorn, and Jim McCuaig left the meeting at 5:04 p.m. in order to attend the Town Council Meeting. VIII ADJOURNMENT Terry Sawchuk adjourned the meeting at 5:07 p.m. Chair Recording Secretary Page 3 of 3 Page 4 of 22

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12 TOWN OF PEACE RIVER Request for Decision To: Mayor & Council Date: June 21, 2018 Presenter: Alisha Mody, Municipal Planner, MMSA Prepared By: A. Mody Topic: Bylaw 2032 File No.: BWF 2032 Attachments: Bylaw Updated June 14,2018 Bylaw Original version that received first reading Issue Second and third reading of Bylaw 2032 an amendment to the Land Use Bylaw No Background The Federal Government has announced their intent to legalize cannabis including retail sales and production on October 17, Land use policy is one of the key responsibilities that has been delegated to municipal governments. Bylaw 2032 includes cannabis related definitions and a revision to the same or similar use clause. This amendment will ensure that any proposed cannabis developments will be treated as cannabis related developments. In other words, an application for a cannabis retail store will only be considered under a retail cannabis store use and not be permitted under or interpreted as a standard retail store use. Item no. 1 and no. 4 of the proposed bylaw 2032 have been edited since the bylaw received first reading. Specifically, the words by the federal government have been added to the Cannabis definition, and the same or similar use clause has reworded. The proposed changes are in style and language to improve the clarity of the provisions but does not change the intent of the clauses. Therefore, Bylaw 2032 may proceed through the public hearing, and second and third reading at this time. At a later date Bylaw 2033, which is the second of two cannabis related land use bylaw amendments will be brought forward to Council. Bylaw 2033 includes special provisions for cannabis retail sales and production facilities and lists the uses in specific land use districts. The final contents of Bylaw 2033 may be informed by the results of the public survey, which was available from May 8 to June 6, 2018 and resulted in 397 responses. Based on the survey results, possible changes to the substance of Bylaw 2033 will be brought forward for Council s consideration. The precise timeline with respect to this work is unknown but will be undertaken keeping in mind the Federal legalization timeline. Below is a timeline outlining key milestones in the legalization process. Proposed process and timeline UPDATE: Date Action/Milestone May 8, 2018 Website information posted Survey is released to residents online and hard copy available at Town office May 14, 2018 First reading for Bylaw 2032 and Bylaw 2033 May 23, 2018 Public open house (23 attendees) June 6, 2018 Second Public Open house (8 attendees) Page 12 of 22

13 June 6, 2018 Public Survey closed. A total of 397 responses received. Bylaw No is advertised (2 weeks required) June 7, 2018 Senate sent Federal Bill back to the House of Commons with 46 proposed amendments. Currently the House of Commons has rejected a number of the amendments made by the Senate. After debate the bill will be returning to the Senate. June 25, 2018 Public Hearing and possible Second and Third reading for Bylaw 2032 June 19, 2018 Federal Cannabis Law receives 3 rd Reading in the House of Commons and the Senate June 21, 2018 Federal Cannabis Law receives Royal Assent and is in effect on October 17, 2018 TBD Peace River Survey Report and possible edits to Bylaw 2033 will be presented to PR Council. If any significant changes are integrated into the bylaw, Bylaw 2033 may be required to receive 1 st reading again. TBD Bylaw 2033 is advertised (2 weeks required) TBD Public Hearing and possible Second and Third reading for Bylaw 2033 TBD Bylaw 2033 is in effect and the Town can accept development permit applications for Cannabis related uses. Up to 60 days after receiving application 21 days after decision is made Town able to issue development permit decisions (applications will go to Municipal Planning Commission for decision if use is listed as discretionary) Development Permit Appeal period over and decision is final Subsequent to first reading, Bylaw 2032 was advertised in the Record Gazette on June 13 and June 20, 2018, per the requirements of the Municipal Government Act and a Public Hearing was scheduled for June 25, At the time of writing, the Town has not received any comments specific to Bylaw Option 1: Provide second and third reading of Bylaw 2032, an amendment Land Use Bylaw No Advantages: Prepares Town for legalization of cannabis. Ensures that any proposed cannabis developments will be treated as cannabis related developments. Disadvantages: None Financial Implications None Option 2: Provide second reading of Bylaw 2032, an amendment Land Use Bylaw No Advantages: Moves the Town forward towards being prepared for legalization of cannabis. Page 2 of 3 Page 13 of 22

14 Disadvantages: Allows Council additional time to consider the bylaw. Financial Implications None Option 3: Do not provide any readings of Bylaw Advantages: None Disadvantages: Does not ensure that any proposed cannabis developments will be treated as cannabis related developments. Financial Implications None Recommendation That Council: 1. Motion to updated clause 4 of Bylaw 2032 as attached. 2. Motion to provide second and third reading of Bylaw 2032, an amendment Land Use Bylaw No Submitted by Date Submitted Approved By: Christopher J. Parker, CLGM, CAO Date Approved Page 3 of 3 Page 14 of 22

15 Bylaw that received first reading TOWN OF PEACE RIVER BYLAW NO BEING A BYLAW OF THE TOWN OF PEACE RIVER IN THE PROVINCE OF ALBERTA TO AMEND BYLAW WHEREAS the Council of the Town of Peace River has adopted Bylaw No. 1891, being the Land Use Bylaw, and WHEREAS the Council of the Town of Peace River deems it advisable to amend the said Bylaw; NOW THEREFORE the Council of the Town of Peace River, duly assembled, hereby enacts as follows: 1. Section 2 Definitions Add the definition of Cannabis as follows: CANNABIS means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act and its regulations, as amended from time to time. 2. Section 2 Definitions Add the definition of Cannabis Retail Sales as follows: CANNABIS RETAIL SALES means a retail store licensed by the Alberta Liquor and Gaming Commission (AGLC) where cannabis and cannabis accessories are sold to individuals who attend at the premises. 3. Section 2 Definitions Add the definition of Cannabis Production Facility as follows: CANNABIS PRODUCTION FACILITY means a premise used for growing, producing, testing, destroying, storing, or distribution of cannabis authorized by a license issued by Health Canada. 4. Section 13 Establishment of Districts Update Subsection (4) Same and/or Similar Uses: (4) The uses that are listed in the permitted uses and discretionary uses columns under the land use districts are not intended to be exclusive or restrictive. Where a specific use does not Page 15 of 22

16 TOWN OF PEACE RIVER BYLAW NO conform to the wording of any definition, the Municipal Planning Commission may, in their discretion, deem that the use conforms to and is included in that definition and/or land use district, but not if it is listed as a use in another district or defined in the Definitions section. SEVERABILITY 5. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion shall be severed. EFFECTIVE DATE 6. This Bylaw shall come into force and have effect on the date of its final passage. READ a first time this day of, 20. READ a second time this day of, 20. READ a third and final time this day of, 20. SIGNED by the Mayor and Chief Administrative Officer this day of, 20. Thomas Tarpey Mayor Christopher J. Parker Chief Administrative Officer Page 2 of 2 Page 16 of 22

17 Updated June 14, 2018 TOWN OF PEACE RIVER BYLAW NO BEING A BYLAW OF THE TOWN OF PEACE RIVER IN THE PROVINCE OF ALBERTA TO AMEND BYLAW WHEREAS the Council of the Town of Peace River has adopted Bylaw No. 1891, being the Land Use Bylaw, and WHEREAS the Council of the Town of Peace River deems it advisable to amend the said Bylaw; NOW THEREFORE the Council of the Town of Peace River, duly assembled, hereby enacts as follows: 1. Section 2 Definitions Add the definition of Cannabis as follows: CANNABIS means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds and any other substance defined as cannabis by the federal government in the Cannabis Act and its regulations, as amended from time to time. 2. Section 2 Definitions Add the definition of Cannabis Retail Sales as follows: CANNABIS RETAIL SALES means a retail store licensed by the Alberta Liquor and Gaming Commission (AGLC) where cannabis and cannabis accessories are sold to individuals who attend at the premises. 3. Section 2 Definitions Add the definition of Cannabis Production Facility as follows: CANNABIS PRODUCTION FACILITY means a premise used for growing, producing, testing, destroying, storing, or distribution of cannabis authorized by a license issued by Health Canada. 4. Section 13 Establishment of Districts Update Subsection (4) Same and/or Similar Uses: (4) The uses that are listed in the permitted uses and discretionary uses columns under the land use districts are not intended to be exclusive or Page 17 of 22

18 TOWN OF PEACE RIVER BYLAW NO restrictive. Where a specific use does not conform to the wording of any definition, the Municipal Planning Commission may, in their discretion, deem that the use conforms to and is included in that definition and/or land use district. Notwithstanding the above, the Development Authority having jurisdiction shall not deem that a use conforms to, and is included in, a definition if the proposed use is separately listed as a use in another district or is defined in the Definitions section of this bylaw SEVERABILITY 5. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion shall be severed. EFFECTIVE DATE 6. This Bylaw shall come into force and have effect on the date of its final passage. READ a first time this day of, 20. READ a second time this day of, 20. READ a third and final time this day of, 20. SIGNED by the Mayor and Chief Administrative Officer this day of, 20. Thomas Tarpey Mayor Christopher J. Parker Chief Administrative Officer Page 2 of 2 Page 18 of 22

19 TOWN OF PEACE RIVER BYLAW NO BEING A BYLAW OF THE TOWN OF PEACE RIVER IN THE PROVINCE OF ALBERTA TO AMEND BYLAW WHEREAS the Council of the Town of Peace River has adopted Bylaw No. 1891, being the Land Use Bylaw, and WHEREAS the Council of the Town of Peace River deems it advisable to amend the said Bylaw; NOW THEREFORE the Council of the Town of Peace River, duly assembled, hereby enacts as follows: 1. Section 12 Special Land Use Provisions Add Subsection (21) Cannabis Retail Sales as follows: (21) Cannabis Retail Sales (a) The owner or applicant must obtain any other approval, permit, authorization, consent or licence that may be required to ensure compliance with applicable federal, provincial or other municipal legislation. (b) Cannabis Retail Sales shall not be located within 100 metres from: i. a private or public school; or ii. a provincial health care facility; (c) The separation distance between uses shall be measured from lot line to lot line. (d) The development shall not operate in conjunction with another approved use. (e) Customer access to the store is limited to a store-front that is visible from the street. Mall access shall allow for clear visibility from the interior. Page 19 of 22

20 TOWN OF PEACE RIVER BYLAW NO (f) No customer parking shall be located at the rear of the Retail Sales building. (g) All parking areas in front of the building shall be well lit to the satisfaction of the Development Officer during operating hours. (h) Parking shall be provided in accordance with the minimum requirements under Section 11(9) Commercial Uses: Retail Shops. 2. Section 12 Special Land Use Provisions Add Subsection (22) Cannabis Production Facility as follows: (22) Cannabis Production Facility (a) The owner or applicant must provide as a condition of development a copy of the current licence for all activities associated with cannabis production as issued by the Federal Government. (b) The owner or applicant must obtain any other approval, permit, authorization, consent or licence that may be required to ensure compliance with applicable federal, provincial or other municipal legislation. (c) The development must be done in a manner where all of the processes and functions are fully enclosed within a stand-alone building including all loading stalls and docks, and garbage containers and waste material. (d) The development shall not include an outdoor area for storage of goods, materials or supplies. (e) The development shall not operate in conjunction with another approved use. (f) The development must include equipment designed and intended to remove odours from the air where it is discharged from the building as part of a ventilation system. (g) The Development Officer may require, as a condition of a development permit, a waste management plan, Page 2 of 4 Page 20 of 22

21 TOWN OF PEACE RIVER BYLAW NO completed by a qualified professional, which includes but is not limited to, details on: i. the incineration of waste products and airborne emissions, including smell; ii. iii. the quantity and characteristics of liquid and waste material discharged by the facility; and the method and location of collection and disposal of liquid and waste material discharged by the facility. (h) Parking shall be provided in accordance with the minimum requirements under Section 11(9) Industrial: Manufacturing and Industrial Plants, Warehousing, Wholesale and Storage Buildings and Yards, Servicing and Repair Establishments and Public Utility Building 3. Section 29 Primary Commercial District (C-1) Add to (b) Discretionary Uses Cannabis Retail Sales 4. Section 30 Highway Commercial District (C-2) Add to (b) Discretionary Uses Cannabis Retail Sales 5. Section 31 Commercial Shopping District (C-3) Add to (b) Discretionary Uses Cannabis Retail Sales 6. Section 35 Light Industrial District (M-1) Add to (b) Discretionary Uses Cannabis Production Facility 7. Section 36 Light Industrial District (M-1A) Add to (b) Discretionary Uses Cannabis Production Facility 8. Section 37 Mixed Industrial-Business District (M-IB) Add to (b) Discretionary Uses Cannabis Production Facility Page 3 of 4 Page 21 of 22

22 TOWN OF PEACE RIVER BYLAW NO SEVERABILITY 9. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion shall be severed. EFFECTIVE DATE 10. This Bylaw shall come into force and have effect on the date of its final passage. READ a first time this day of, 20. READ a second time this day of, 20. READ a third and final time this day of, 20. SIGNED by the Mayor and Chief Administrative Officer this day of, 20. Thomas Tarpey Mayor Christopher J. Parker Chief Administrative Officer Page 4 of 4 Page 22 of 22