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RFD- 4100 Business Items   Item #   11. a.    
Regular Council Meeting Agenda   
Meeting Date: 11/09/2020  
Title:    Development Permit Application in a Direct Control District - Suite 110 - 205 Jennifer Heil Way - Kustra
Department: Planning & Infrastructure  
Strategic Vision Element: Where People Choose to Grow a Business - A strong, diversified regional business centre Related Goal: Spruce Grove has a business environment that attracts new businesses to the city, encourages and supports new business start-ups, and helps ensure existing businesses are competitive, successful and profitable.

Information
Request for Decision Summary
A development permit application for a liquor store use, located in a DC - Direct Control District, is being brought forward for a decision by Council where Council is the authority to exercise control over the use and development of land or buildings.

Proposed Motion
That Development Permit Application PL20200000438, to locate a liquor store in Suite 110, 205 Jennifer Heil Way, be approved as an Alcohol Sales, Minor use as defined under the City’s Land Use Bylaw C-824-12 subject to the condition outlined in Attachment 2, proposed Development Permit Decision; and

that Council delegate authority to permit the Development Officers of the City of Spruce Grove to administer the Land Use Bylaw with respect to enforcement of this proposed development and subsequent development permit applications for exterior signage.
Background/Analysis
Context

The site of 205 Jennifer Heil Way is zoned Direct Control. At the October 15, 2013 Council meeting, Council approved two commercial buildings on the site and delegated authority to permit the Development Officers of the City of Spruce Grove to process development permits for Retail Sales, Eating and Drinking Establishments and Personal Service uses within the buildings.

A development permit application was submitted to the Planning and Development Department by Stantec Consulting on behalf of the property owner of 205 Jennifer Heil Way for a liquor store to be located within Suite 110 of the existing building on the site. A liquor store is defined under the City’s Land Use Bylaw C-824-12 as Alcohol Sales, Minor which is a separate use from any of the uses that have been previously approved by Council for the subject site.

The Tri-Leisure Facility is located on the north side of the site with the Holiday Inn located to the south and the Tri Wellness professional building, the Border Paving Athletic Centre, and Fuhr Sports Park to the west.

The proposed Alcohol Sales use is intended to complement the commercial uses that exist on the site.

Alcohol Sales, Minor is defined as a development used for the retail sale of alcoholic beverages to the public.  This Principal Use may include as a subordinate use the retail sale of related products. The maximum Floor Area of this use shall be 275.0 m2 per business premise. 

The floor area of the proposed liquor store is 179.5 m2 which meets the floor area as defined in Alcohol Sales, Minor.

Parking

The proposed use will require 7 on site parking stalls as per the City’s Land Use Bylaw. The existing site has enough parking stalls to accommodate this additional use.

Signage

Signs will be approved in accordance with Part 10 of the Land Use Bylaw.

Signage will be reviewed under a separate development permit. Administration is recommending Council delegate development permit approvals, for exterior signage, to the Development Officer for ease of processing.

Special Regulation for Alcohol Sales

Section 56 of the City's Land Use Bylaw C-824-12 requires that Alcohol Sales not be located closer than 100.0 m from the Site boundary of any Site that includes community or recreational activities, a public park or a School.

Not allowing for Alcohol Sales closer than 100.0 m to a site boundary of a community or public recreational activity, a public park or a School would:
  1. deter drinking in public parks or open spaces that typically surround these recreational/school activities.
  2. separate liquor sales from places where children can gather unsupervised; and
  3. reduce the chance of children being influenced by advertising while traveling to and from school or public areas.
The proposed location of the Alcohol Sales use will be approximately 29.25 m from the site boundary of the Tri Leisure Recreation Centre and 69.3 m to the Border Paving Athletic Centre and Fuhr Sports Park as shown on attachment 3. These distances to the site boundary of these public recreational activities do not meet the minimum required separation distance set out under Section 56 of the Land Use Bylaw.

The applicant is aware of the regulation for Alcohol Sales and its setback requirement. They are requesting an exemption to this regulation and propose the distance be measured from door to door to these recreational activity sites versus being measured from the Alcohol Sales use location and the site boundary of the recreational sites.

Administration reviewed the applicants' request and supports the relaxation to the regulated setback distance. The land use separating the proposed Alcohol Sales use and the adjacent recreational facilities are parking facilities and roadways. Parking facilities are seen as a separate use from an open space such as a park or the open space around a recreational facility where the public would congregate. The existing parking facilities separating these uses would deter from public drinking.

In conclusion, the Development Officers support the approval of Development Permit Application PL20200000438 to locate an Alcohol Sales use within Suite 110 – 205 Jennifer Heil Way and also recommend that Council delegate authority to the Development Officers to administer the Land Use Bylaw with respect to enforcement of this proposed development and subsequent development permit applications for exterior signage.
Options/Alternatives
As the development approving authority for a Direct Control District, Council has the options to vary or add conditions of approval or to deny the proposed application. Council may also request changes to the plans and require the applicant to return to a subsequent meeting, or request additional information in order to inform their decision. Dependent on the nature of these requests and whether Council wants additional input from the public or stakeholders, Council may also direct that a second public hearing be held.
Consultation/Engagement
A public hearing notice was published in the Spruce Grove Examiner on October 23rd and October 30th. Notifications were also mailed to adjacent property owners.
Implementation/Communication
Implementation of Council’s decision will be managed by the City’s Development Officers as delegated by Council
Impacts
Approval of the development permit would allow Suite 110 of the existing building located at 205 Jennifer Heil Way to be used for Alcohol Sales use.
Attachments
PowerPoint Presentation
Development Permit Decision
Site Plan
Site Plan with aerial photo overlay and setback measurements

City Council and Committee of the Whole agendas and minutes are posted on the City of Spruce Grove website for information purposes only. These agendas may be changed at the discretion of Council by the addition or deletion of items. Anyone reviewing the draft agenda should do so on the understanding that it is subject to change by Council.

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