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RFD- 4082 Bylaws   Item #   10. a.    
Regular Council Meeting Agenda   
Meeting Date: 01/11/2021  
Title:    C-1133-20 - Land Use Bylaw Text Amendment - Mobile Vending - Second Reading - Towle
Department: Planning & Infrastructure  
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 as well as policies that meet the interests and needs of the greater community are in place and conveniently accessible.

Request for Decision Summary
Bylaw C-1133-20 is part of the proposed Mobile Vending strategy for the City. This amendment would remove the development permit requirement for mobile vendors under certain conditions. This change will reduce approval timelines by eliminating the administrative review and approval process, and the required appeal period for a development permit. The amendment also introduces specific regulations and requirements for mobile vendors operating on private property.

Administration supports Bylaw C-1133-20.

Proposed Motion
That second reading be given to Bylaw C-1133-20 - Land Use Bylaw Text Amendment - Mobile Vending.
Planning and Development has worked with Enforcement Services and Recreation Services to evaluate regulatory and enforcement options regarding food trucks and other mobile vendors. Through evaluation of our existing bylaws and practices in other municipalities, a strategy has been developed to make approvals for these uses easier and to address a variety of identified issues and concerns from both internal and external clients.

The City has had numerous requests for food trucks over the past few years and the problems encountered are often related to the timing of approvals. For locations on private properties all mobile vendors are currently considered a use or development and are required to attain a development permit under the Land Use Bylaw. As the development permit approval process includes an appeal period, even if the development authority could turn around a decision in one day, the official approval cannot be issued until after the close of the appeal period of 21 days.

To alleviate the appeal delay in approval, this amendment to the Land Use Bylaw identifies that mobile vending, within specific criteria, does not require a development permit. Planning and Development still believes that some level of control is required for these uses and has been working with Enforcement Services to come up with control / compliance measures. These measures are reflected in the proposed amendment to Section 65A of the Land Use Bylaw.

The proposed amendment to Section 11 of the Land Use Bylaw would allow a mobile vendor to operate on a site within the C1, C2, M1, or PS districts without a development permit. They would be required to have a valid City of Spruce Grove mobile vending business licence and operate within the regulation provided by the Land Use Bylaw, but the City would not be involved in the authorization – that would be between the vendor and the site owner.

Enforcement Services would be able to provide enforcement through the regulations of the Land Use Bylaw and fines as per the Development Fees and Fines Bylaw if and where required.
This bylaw is being brought forward for consideration of second reading. Discussion and consideration of changes to the bylaw may be made at second reading. Alternatively, Council may defeat the motion for second reading and choose to defeat this bylaw.

If Council does not approve this amending bylaw, then C-1135-20 Business Licence Bylaw Amendment, and C-1134-20 Development Fees and Fines Bylaw would not be required.
Planning and Development has worked with Enforcement Services and Recreation Services to evaluate options regarding food trucks and other mobile vendors. Through review of existing bylaws and practices in other municipalities, a strategy has been drafted to address the following:
  • Clarity regarding mobile vending regulations on private property;
  • Enforceability - Enforcement needs to be able to enforce if needed;
  • Approvals need to be prompt;
  • Safety standards need to be satisfied;
  • Policy for use of public land; and,
  • Policy for use of road right-of-way.
The changes proposed within Bylaw C-1133-20 introduce policy regarding mobile vending on private property.

Public notification of the associated public hearing was advertised in the December 24 and 31, 2020 editions of the Examiner.
Bylaw C-1133-20 will be brought forward for third reading at a subsequent Council Meeting. Following third reading of Bylaw C-1133-20, the amendments will be consolidated into the Land Use Bylaw, C-824-12. The consolidated bylaw will then be uploaded onto the City website. 

Once third reading is given to all three bylaws associated with the mobile vending strategy, a communication guide will be created by Planning and Development that will outline the process for mobile vending approval and the regulations that apply. 
Approval of Bylaw C-1133-20 would provide for a more spontaneous deployment of mobile vendors within targeted land use districts by removing the development permit requirement.
C-1133-20 Second Reading

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