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RFD- 3528 Bylaws   Item #   9. b.    
Regular Council Meeting Agenda
Meeting Date: 03/11/2019  
Title:    C-1057-18 - Second and Third Readings - 2018 Land Use Bylaw Review Amendments - Levasseur
Department: Planning & Infrastructure  
Strategic Vision Element: This topic relates to all three of the City’s strategic vision elements contained in Council’s Strategic Plan Related Goal: n/a

Information
Request for Decision Summary
 
The purpose of this Request for Decision is to seek Council's consideration of second and third readings of Bylaw C-1057-18, the 2018 Land Use Bylaw Review Amendments.  This Bylaw is the annual update of Land Use Bylaw C-824-12 which is undertaken to correct errors and omissions and to provide clarity to existing definitions and regulations.  Bylaw C-1057-18 also proposes to redistrict a portion of Lot R1, Plan 632RS from P2 - Natural Areas District to PS Public Service Institutional District to facilitate a community garden.   
Proposed Motion
That second reading be given to Bylaw C-1057-18, 2018 Land Use Bylaw Review Amendments as amended.

That third reading be given to Bylaw C-1057-18, 2018 Land Use Bylaw Review Amendments.
Background/Analysis
Land Use Bylaw C-824-12 was adopted in late 2012 and implemented on January 1, 2013.  In order to provide a high quality regulatory document, the Planning and Development Department undertakes an annual review of the Bylaw.  This review does not propose to make major changes to the regulations, rather, the purpose of this update is to fine tune definitions and regulations, provide enhanced clarity and fix inconsistencies.

The attached chart (Attachment #1), Land Use Bylaw C-824-12 Annual Review, 2018 Proposed Amendments Tracking Chart, itemizes all of the proposed amendments and provides the rationale for each proposed change.  The nature of the proposed amendments is to provide clarity and enhanced language.  The amendments also provide for new defined uses of fleet services and feather signs, enhanced discretionary powers for Development Officers respecting height, relocated use provisions from regulations to the land use districts, and amending the land use districting for a portion of the new community garden. 

Urban Development Institute (UDI) Spruce Grove was circulated the draft bylaw and they brought forward one concern regarding the added statement that no privacy walls shall be permitted on a deck or patio in the front yard for single detached, semi-detached or street oriented row houses (Sections 34(8) and (9), Fencing and Screening).  The purpose of adding this statement to these sections is for clarification purposes only since Section 42(1), Projections into Front Yards (Principal Buildings), has prohibited privacy walls in the front yards by way of omission from allowable projections since the adoption of the Land Use Bylaw in 2012.  Removing the proposed sentence from the Fences and Screening Sections would have no regulatory effect but would reduce the clarity the sentence is meant to provide. 

Some minor amendments were made to the bylaw after first reading to provide for additional clarity.  Attachment #2 is the redlined version of the bylaw highlighting the changes to the bylaw made since first reading.

This update also amends the Land Use Bylaw's Land Use District map to change a portion of Lot R1, Plan 632RS to PS - Public Service Institutional District to facilitate a community garden.  
Options/Alternatives
N/A
Consultation/Engagement
The UDI Spruce Grove Chapter was provided written notice of the public hearing.  Notice of the hearing was placed in the February 22nd and March 1, 2019 editions of the Spruce Grove Examiner and on the City's website.
Implementation/Communication
Upon third reading of this Bylaw, the amendments will be consolidated into the Land Use Bylaw C-824-12 and posted on the City's website.
Impacts
The amendments will enhance and clarify the definitions and regulations to allow the development community and staff to better utilize the City's Land Use Bylaw. This amendment will also change the land use district of Lot R1, Plan 632RS to PS - Public Service Institutional District to facilitate development of a community garden.
Attachments
Land Use Bylaw Amendments Tracking Chart
Redline version Bylaw C-1057-18
Bylaw C-1057-18 Second Reading

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