Notice of Application to Amend Land Use Bylaw

Notice of Application to Amend Land Use Bylaw

Pursuant to Section 606 of the Municipal Government Act, being Chapter M-26 of the Statutes of Alberta, notice is hereby given that the Council of the Town of Peace River will hold a Public Hearing before the second reading of Bylaw No.2014 to amend the Town of Peace River Land Use Bylaw.

Bylaw No 2014 includes the following amendments to the Land Use Bylaw:

  • Section 2 – adds the following definition for “brewery, winery and/or distillery”:
    • “means a use where an alcoholic beverage(s) is manufactured, packaged and sold on-site. The development is licensed by the Alberta Gaming and Liquor Commission (AGLC). This use does not include developments that have a “Class E Licence – Manufacturer” from the AGLC.  Developments with a “Class E Licence – Manufacturer” from the AGLC may be considered under the General Industrial use of this bylaw.”
  • Enables “brewery, winery and/or distillery” as a discretionary use in the following districts:
    • Section 29 Primary Commercial District (C-1)
    • Section 30 Highway Commercial District (C-2)
    • Section 31 Commercial – Shopping Centre (C-3)
    • Section 33 Mixed Commercial-Residential District (C-R)
    • Section 34 Riverfront Development District (R-D)
    • Section 37 Mixed Industrial-Business District (M-IB)
    • Section 39 Agricultural-Urban Reserve District (A-UR)
  • Amends Section 11(9) to add parking requirements for “brewery, winery and/or distillery”.
  • Adds Section 12(21) BREWERY, WINERY AND/OR DISTILLERY, which provides regulations specific to this use.

The Council of the Town of Peace River will hold a public hearing as follows:

5:00 pm, Monday, November 27, 2017

Council Chambers
9911-100 St
Peace River, AB

 If you would like to submit written comments, file a petition against the bylaw, or require further information on this proposed Bylaw please contact:

Alisha Mody, Municipal Planner at P.O. Box 6600, 9911-100 Street, Peace River, AB T8S 1S4 Ph: (780) 624-2574, Fax: (780) 624-4664.

Please forward written submissions on or before November 22, 2017 at 4:30 pm.

Proposed Bylaw Amendment

TOWN OF PEACE RIVER

BYLAW NO. 2014

BEING A BYLAW OF THE TOWN OF PEACE RIVER IN THE PROVINCE OF ALBERTA TO AMEND BYLAW 1891.

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 29 Primary Commercial District (C-1)

Add to (b) Discretionary Uses:

  • brewery, winery and/or distillery

 

  1. Section 30 Highway Commercial District (C-2)
    Add to (b) Discretionary Uses:
  • brewery, winery and/or distillery

 

  1. Section 31 Commercial – Shopping Centre (C-3)
    Add to (b) Discretionary Uses:
  • brewery, winery and/or distillery

 

  1. Section 33 Mixed Commercial-Residential District (C-R)
    Add to (b) Discretionary Uses:
  • brewery, winery and/or distillery

 

  1. Section 34 Riverfront Development District (R-D)
    Add to (b) Discretionary Uses:
  • brewery, winery and/or distillery

 

  1. Section 37 Mixed Industrial-Business District (M-IB)
    Add to (b) Discretionary Uses:
  • brewery, winery and/or distillery

 

  1. Section 39 Agricultural-Urban Reserve District (A-UR)
    Add to (b) Discretionary Uses:
  • brewery, winery and/or distillery

 

 

  1. Section 2 Definitions

Add the definition of “brewery, winery and/or distillery” with the following:

“BREWERY, WINERY AND/OR DISTILLERY” means a use where an alcoholic beverage(s) is manufactured, packaged and sold on-site. The development is licensed by the Alberta Gaming and Liquor Commission (AGLC). This use does not include developments that have a “Class E Licence – Manufacturer” from the AGLC.  Developments with a “Class E Licence – Manufacturer” from the AGLC may be considered under the General Industrial use of this bylaw.

  1. Section 11(9) Parking and Loading Facilities

Replace within Section 11(9)(a)(i), the Industrial Minimum Parking Requirements table, and the Any Other Uses Minimum Parking Requirements table as follows:

 

Industrial

 

Minimum Parking Requirements
Manufacturing and Industrial Plants, Warehousing, Wholesale and Storage Buildings and Yards, Servicing and Repair Establishments and Public Utility Building 1 space/ 3 employees on a maximum working shift or

1 space/ 139.35 square metres (1,500 square feet) floor area, whichever is greater

brewery, winery and/or distillery 1 space/ 139.35 square metres (1,500 square feet) of floor area dedicated to manufacturing and packaging, and 2 spaces/store front, with a minimum of 4 spaces.

 

 

 

 

  Minimum Parking Requirements
Any Other Uses 1 space/ 37.16 square metres (400 square feet) of gross floor area

 

  1. Section 12 Special Land Use Provisions

Add (21) BREWERY, WINERY AND/OR DISTILLERY

(a) The development must have a Class E Licence for a Small Manufacturer, a Cottage Winery and/or Packaging, from the Alberta Gaming Liquor Commission.

 

A development with a Class E Licence for a Manufacturer from the Alberta Gaming Liquor Commission must not be considered under this use class.

(b) In the C-1, C-2, C-3, R-D, and C-R land use districts:

  1. the development must include a store front for the sale of the product to the general public.
  2. the development may be developed in conjunction with a related use. The related or accessory use must be applied for separately. The Development Authority may approve or refuse any or all accessory or related uses.

 

The related uses may include but are not limited to a retail store, an eating or drinking establishment, and/or a liquor store, provided the use(s) is listed in the relevant district and the proposal meets the regulations for that use.

 

(c) In the M-IB land use district:

  1. the development may include a store front for the sale of the product to the general public.
  2. the development shall not be developed in conjunction with another accessory or related use that will result in traffic from general public, such as but not limited to a retail store, an eating or drinking establishment, and/or a liquor store.

 

(d) In the A-UR land use district:

  1. the development shall be accessory to the extensive agricultural use of the parcel.
  2. the development may include a store front for the sale of the product to the general public.
  • the development may be developed in conjunction with a related use. The related or accessory use must be applied for separately. The Development Authority may approve or refuse any or all accessory or related uses.
  1. the Development Authority may consider an eating or drinking establishment, a liquor store, and/or a retail store as part of an application, despite these uses not being listed as a use within the A-UR district, provided the total square footage of the unlisted, accessory uses is limited to no more than 50m² to ensure these uses remain accessory to the principal use.

(e) A Development Permit Application must include the following information:

  1. A description of the manufacturing process, including inputs, outputs and byproducts (such as heat, noise, or smell) of the process.
  2. A site plan showing the portion of the development site dedicated to the manufacture and packaging of the product, and the portion of the development dedicated to the store front.
  • The proposed water source;
  1. The proposed waste water plan;
  2. The estimated quality and quantity of waste water effluent (m3/day and m3/year).

 

(f) A Development Permit Application may be required to include the following information:

  1. If the development proposes to tie into the municipal water system, a written analysis by a professional engineer, identifying whether the Town’s water system has the capacity to supply the development, having regard to the maximum daily demand and fire-flow capacity and requirements of the water system.
  2. Where the Development Authority determines that the pre-treatment effluent significantly exceeds acceptable toxicity limits for the town’s infrastructure, a pre-treatment plan, to the satisfaction of the Development Authority.
  • A noise, odour, traffic, and/or any other impact assessment deemed to be necessary. Any assessment should identify the mitigative measures which may be undertaken to reduce impact on neighbouring properties.

 

(g) The Development Authority may set conditions through the development permit to mitigate any impacts and/or set appropriate standards for the development.

(h) The minimum off-street parking requirements for a “brewery, winery and/or distillery” are provided for in Section 11 (9)(a). Each related or accessory use must also meet its off-street parking requirements.

 

SEVERABILITY

  1. If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion shall be severed.

 

EFFECTIVE DATE

  1. This bylaw shall come into force and have effect on the date of third and final reading.

 

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