A - 4900 50 ST TABER, AB CANADA T1 G 1T1

TELEPHONE . (403) 223-5500 FAX : (403) 223-5530

T OWN OF

TABER HENK DE VLIEGER MAYOR

FORWARDED: DECEMBER 12,2013

AGENDA

A PUBLIC HEARING REGARDING THE BYLAWS OF THE TOWN OF TABER, IN THE PROVINCE OF ALBERTA, TO BE HELD IN THE COUNCIL CHAMBERS, ADMINISTRATION BUILDING, ON MONDAY, DECEMBER 16,2013 AT 5:00PM.

ITEM NO. 1. CALL TO ORDER

The Chair will explain the general procedure for the hearing, which may include:

i) Informing the public of the 10 minute time limit for a speaker that has been established.

ii) Informing that anyone speaking shall state their name for the record.

ITEM NO. 2. LAND USE AMENDMENT BYLAW NO. 16-2013

i) Explanation of Purpose of Proposed Bylaw No. 16-2013

That Schedule "B", the Land Use District Map of Bylaw 4-2006 (Land Use Bylaw) be amended by rezoning the following lands:

And

5506 46 Avenue Plan 6390L Block 21 Lots 1, 2, 3, 4 and the west 5 feet of Lot 5 Excepting the highway on Plan 711 EX

5510 46 Avenue Plan 6390L Block 21 Lots 5-22

From Comprehensive Commercial (CC) to Direct Control (DC-2).

Page 1 of 2 email: town @taber.ca

www.taber.ca

T OWN O F

TABER

A · 4900 50 ST TABER, AB CANADA T1 G 1T1

TELEPHONE: (403) 223-5500 FAX: (403) 223·5530

ii) Presentation of Written or Oral Briefs Against the Proposed Bylaw No. 16-2013.

iii) Presentation of Written or Oral Briefs For the Proposed Bylaw No. 16-2013.

ITEM NO. 3. CLOSE OF MEETING

The Mayor shall declare the hearing closed and Council will deliberate the merits of the information and opinions provided at the Public Hearing.

Page 2 of2 ema1l: town @taber.ca

www.taber.ca

TOWN OF TABER BYLAW 16-2013

A BYLAW FOR THE PURPOSE OF AMENDING THE TOWN OF TABER LAND USE BYLAW IN ACCORDANCE WITH THE MUNICIPAL GOVERNMENT ACT, CHAPTER M-26, REVISED STATUTES OF ALBERTA 2000, AS AMENDED

WHEREAS the Town ofTabcr adopted Land Usc Bylaw No. 4-2006

AND WHEREAS Council has received a proposal from Administration to amend Land Use Bylaw No. 4-2006 to add Section 30- "Direct Control 2 (DC-2)" to the list of Land Usc Districts and to redesignate 5506 - 46TH AVE; PLAN 6390L, BLOCK 2I, LOT(S) I, 2, 3, 4 AND THE WEST 5 FEET OF LOT 5, EXCEPTING THE HIGHWAY ON PLAN 7II EZ; 55 I 0 -46TH AVE; PLAN 6390L, BLOCK 2I, LOTS 5-22 from Comprehensive Commercial (CC) to Direct Control 2 (DC-2) in order to better achieve the development objectives ofthe landowners in accordance with the Town of Taber Land Usc Bylaw 4-2006;

AND WHEREAS Council, having considered at a public hearing the concems of persons claiming to be affected by this bylaw amendment application, believes that the amendment of the Land Use Bylaw should be allowed in order to achieve the orderly, economical and beneficial usc ofland in the Town of Taber;

NOW THEREFORE, the Municipal Council of the Town of Taber in the Province of Alberta, duly assembled in Council, enacts as follows:

1. That Direct Control 2 (DC-2) District be created and is hereby given the following unique direct control requirements:

I. Purpose

To facilitate development on the subject parcel in consideration of Council being the development approval authority due to irregular parcel dimensions.

2. Uses

Those uses designated as permitted and discretionary in the Comprehensive Commercial (CC) District.

3 .District Reguirements

Minimum Lot Area: Minimum Lot Width: Minimum Front Yard: Minimum Rear Yard: Minimum Side Yard: Building Height: Maximum Coverage: Minimum Landscaped Area:

As per the approval of Town of Taber Council As per the approval of Town of Taber Council As per the approval of Town of Taber Council As per the approval ofT own ofTaber Council As per the approval of Town of Taber Council As per the approval of Town ofTaber Council As per the approval of Town of Taber Council 10%

4. Special Requirements: Landscaping

Further to the landscape requirements contained in Section 3 - General Provisions, landscaping shall be determined as follows:

(a) All areas not covered by buildings and parking shall be landscaped. Protective barriers with a minimum height of 15 em (6 inches) shall be placed around all landscaped areas.

(b) The minimum landscaped area shall be concentrated in front yards, but additional landscaping may be required in other yards to separate uses or to provide buffers or screening from other uses or roads. All landscaping shall be identified on the site plan.

(c) Final landscaping plans shall be approved by the Development Officer prior to installation of plant materials.

5. Special Requirement: Storage Areas

All storage areas shall be appropriately fenced or screened. All sites abutting residential districts shall be screened from view of the residential district to the satisfaction of the Development Authority. All storage shall be accessory to the main use of the land or main building on the site and shall comply with the yard and setback requirements of this Section. "Outdoor storage" may be allowed only as an accessory use; exclusive or primary use of lots for "outdoor storage" is not permitted in this District.

6. Special Requirements: Parking

Further to the parking requirements found in Section 3 - General Regulations, all required parking, circulation, and access areas shall be paved with a hard, durable, weather resistant surface.

7. Special Requirement: Building Location and Front Yard

Notwithstanding any other provision in this Bylaw, the yard of any lot abutting a highway shall be deemed to be the front yard. The front of all buildings should face the front yard. Where, in the opinion of the Development Authority, this is not possible or practical for the effective development of a site, those exterior walls of buildings that must face the highway shall have special facade treatment. This treatment shall be to the satisfaction of the Development Authority.

8. Special Requirements: Site Plan and Development Agreement

All applications for a development permit shall provide a detailed site plan for the proposed development. The site plan shall include all information required on 'Form A' and Section 2. 7 of this Bylaw. For those applications approved, the proponents shall enter into a Development Agreement with the Town to ensure that the conditions of the Development Permit are fulfilled to the satisfaction of the Town.

9. Other Requirements All other requirements shall be as Council deems necessary.

2. The Land Use Map contained in Land Use Bylaw No. 4-2006 is amended by there­

districting of:

CIVIC ADDRESS 5506 - 46TH A VENUE PLAN 6390L BLOCK 21 LOTS I, 2, 3, 4 AND THE WEST 5 FEET OF LOT 5 EXCEPTING THE HIGHWAY ON PLAN 711EZ

And

CIVIC ADDRESS 5510-46TI-I AVENUE PLAN 6390L BLOCK21 LOTS 5-22

RES.414/13 READ A FIRST TIME THIS 251h DAY OF NOVEMBER, 2013.

READ A SECOND TIME THIS DAY OF

READ A THIRD TIME THIS DAY OF

2014.

2014.

HIEF ADMINISTRATIVE OFFICER

MAYOR

Schedule A

Subject portion of: CIVIC ADDRESS 5506 - 46TH A VENUE PLAN 6390L BLOCK21 LOT(S) 1, 2, 3, 4 AND THE WEST 5 FEET OF LOT 5 EXCEPTING THE HIGHWAY ON PLAN 711EZ

CIVIC ADDRESS 5510-46TH A VENUE PLAN 6390L BLOCK 21 LOTS 5-22

From: CC District To: DC-2 District

I SERVICE N

ROAD I PLAN tS1 02.38

~ 0.044 ha.

BLOCK 2 PlAN Ia\ t &\~

Public Notice Amendment to Land Use Bylaw 4-2006

Proposed Bylaw 16-2013

Take notice that the Town of Taber has received an application to amend Land Use Bylaw 4-2006 by introducing proposed Bylaw 16-2013.

A public hearing and discussion of the proposed amendment will be held on Mondav. December 161

h. 2013 at 5:00PM in the Town Council Chambers, Administration Building, A- 4900-50 Street. Taber, Alberta .

The Bylaw proposes that Schedule "B", the Land Use District Map of Bylaw 4-2006 be amended by rezoning the following lands:

5506 - 461h Ave.

Plan 6390L Block 21

Lots 1. 2, 3, 4 and the west 5 feet of Lot 5 Excepting the highway on Plan 711 EZ

& 5510- 461

h Ave. Plan 6390L

Block 21 Lots 5-22

From Comprehensive Commercial (CC) to Direct Control (DC-2) as indicated in the sketch below:

N I

0 0.044 ho.

Copies of the proposed amendment to Bylaw 4-2006 will be available at the Town Office, A- 4900-50 Street, Taber, Alberta.

All those who are interested or who may be affected, are invited to attend the Public Hearing. Oral briefs may be put forward at the Public Hearing and those persons attending may ask questions about the proposed amendment to Land Use Bylaw 4-2006 or any other related matters.

Written briefs may be submitted to the Planning and Development Office. Such briefs should reach the Town Office no later than Wednesday, December 11, 2013.

Jilliann Koroluk Development Officer Phone: 223-5500, ext 5527 Email: jkoroluk@taber.ca

This notice was advertised in the November 27 and December 4 issues of the Taber Times.

SECTION 22: Comprehensive Commercial (CC) DISTRICT

1. Purpose

This district is intended to provide areas for a comprehensively designed and attractive mix of highway commercial, service commercial and general commercial uses located on high visibility highway/ arterial road corridors and in other areas planned as major commercial centres as part of new community I neighbourhood development. Due to the intensity of commercial development anticipated, appropriate transitions are to be provided between these areas and residential development.

2. llsn

No person shall use any lot or erect, alter or use any building or structure for any purpose except one or more of the following:

Permitted Uses (a) Automotive/Recreation Vehicle Sales and Rental (b) Banks/Financial Institution (c) Clinic (d) Convenience Food Store (e) Dry Cleaning and Laundry Depot (f) Eating Establishment (g) Florist Shop (h) Funeral Home (i) Gas Bar G) Hotel (k) (1) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v)

Laundromat Motel Office or Office Building Office, Medical/Dental Personal Service Shop Pharmacy Restaurant Restaurant, Drive-through Retail Store Shopping Centre Supermarket Theatre

(w) Theatre, Movie

TilE TOWN OF TABER LAND USE BYLAW

June 12,2006

-146-

SECTION 22: Comprehensive Commercial (CC) DISTRICT

(x) Utilities (y) Vehicle Wash (z) Warehouse Store

Discretionary Uses (a) Accessory Uses, Structures, and Buildings (b) Agricultural Machinery /Equipment Sales and Service (Bylaw amendment,

6-2012 - May 14, 2012) (c) Automobile Repair Garage (d) Automobile Service Station (e) Automobile Supply Store (f) Boarding or Lodging House (g) Caterer (h) Data Processing Establishment (i) Day Care Facility G) Dry Cleaning and Laundry Plant (k) Dry Cleaning Establishment (l) Duplicating Shop (m) Equipment Rental/Repair (n) Fanners'/Flea Market (o) Food and/or Beverage Service Facility (p) Gaming or Gambling Establishment ( q) Greenhouse, Commercial (r) Institutional Use (s) Museum (t) Nursery and Garden Store (u) Park (v) Printing Establishment (w) Public Assembly (x) Public Use (y) Railway (z) Recreation Facility, Commercial (aa) Recreation Facility, Indoor (bb) Religious Assembly* (cc) Signs (dd) Taxi/Bus Depot (ee) Tourist Information Facility (ff) Truck Stop

TilE TOWN OFTABE.R LAND USE BYLAW

Jun~ 12, 2006

-147-

SECTION 22: Comprehensive Commercial (CC) DISTRICT

(gg) Veterinary Clinic *Note Section 3(26) of this Bylaw. 3. District Requirements

In addition to the General Land Use Provisions contained in Section 3, the following regulations shall apply to every development in this district.

Minimum Lot Area: 2,000m2 Minimum Lot Width: 20 metres Minimum Front Yard: Minimum Rear Yard: Minimum Side Yard: Building Height: Maximum Coverage: Minimum Landscaped Area:

4. Special Requirements: Landscaping

10 metres 7.5 metres 3 metres Discretion of the Development Authority. 40% 10%

Further to the landscape requirements contained in Section 3 - General Provisions, landscaping shall be determined as follows:

(a) All areas not covered by buildings and parking shall be landscaped. Protective barriers with a minimum height of 15 em (6 inches) shall be placed around all landscaped areas.

(b) The minimum landscaped area shall be concentrated in front yards, but additional landscaping may be required in other yards to separate uses or to provide buffers or screening from other uses or roads. All landscaping shall be identified on the site plan.

(c) Final landscaping plans shall be approved by the Development Officer prior to installation of plant materials.

5. Special Requirement: Storage Areas

All storage areas shall be appropriately fenced or screened. All sites abutting residential districts shall be screened from view of the residential district to the satisfaction of the Development Authority. All storage shall be accessory to the main use of the land or main building on the site and shall comply with the yard and setback requirements of

TilE TOWN OF TABER LAND USE BYLAW

June 12,2006

-148-

SECTION 22: Comprehensive Commercial (CC) DISTRICT

this Section. "Outdoor storage" may be allowed only as an accessory use; exclusive or primary use of lots for "outdoor storage" is not permitted in this District.

6. Special Requirements: Parking

Further to the parking requirements found in Section 3 - General Regulations, all required parking, circulation, and access areas shall be paved with a hard, durable, weather resistant surface.

7. Special Requirement: Building Location and Front Yard

Notwithstanding any other provision in this Bylaw, the yard of any lot abutting a highway shall be deemed to be the front yard. The front of all buildings should face the front yard. Where, in the opinion of the Development Authority, this is not possible or practical for the effective development of a site, those exterior walls of buildings that must face the highway shall have special facade treatment This treatment shall be to the satisfaction of the Development Authority.

8. Special Requirements: Site Plan and Development Agreement

All applications for a development permit shall provide a detailed site plan for the proposed devdopment The site pJan shall jncJude all jnfo.tmation required on 'Form A' and Section 2.7 of this Bylaw. For those applications approved, the proponents shall enter into a Development Agreement with the Town to ensure that the conditions of the Development Permit are fulfilled to the satisfaction of the Town.

THE TOWN OF TABER LAND USE BYLAW

June 12,2006

-149-

SECTION 28: Direct Control (DC) DISTRICT

1. Purpose

This district is intended to allow flexibility for approval of uses on suitable sites which have potential for a variety of different uses. On sites designated as Direct Control, Council is willing to consider proposals that do not unduly interfere with the amenities of the neighbourhood or matetially interfere with or affect the usc or enjoyment or value of neighbouring properties.

2. Uses

No person shall usc any lot or erect, alter or usc any building or structure for any purpose except one or more of the following:

Permitted Uses (a) Any usc Council considers appropriate

Discretionary Uses

a) Accessory Buildings and Structures b) Public Uses c) Utilities

3. District Requirements

In addition to the General Land Use Provisions contained in Section 3, the following regulations shall apply to every development in this district.

Minimum Lot Area and Lot Width: As Council deems necessary having regard to the nature of the

Maximum Lot Density: Minimum Setbacks: Maximum Height: Minimum Landscaped Area: Sign age:

4. Approval Procedures

use. As Council deems necessary. As Council deems necessary. As Council deems necessary. As Council deems necessary. As Council deems necessary.

(a) Before Council considers an application for a use in the Direct Control district, they shall: (i) cause notice to be issued by the Development Officer in accordance with the notification

procedures of Section 2 of this by-law to all those located within 100 metres of the boundaries of the property subject to the application.

(ii) hear any persons that claim to be affected by the decision on the application.

SECTION 28: Direct Control (DC) DISTRICT

(b) Council may then approve the application with or without conditions or refuse the application.

(c) Council hereby delegates to the Development Officer decision-making authority for all

discretionary uses listed for this district, including district requirements.

(d) Each site to which Direct Control is applied shall be given its own unique Direct Control

requirements or provisions. In order to distinguish one Direct Control site from another, each site

shall be identified on the Land Usc maps by its own unique DC suffix number. For example, the first

time Direct Control is applied under the provisions of this Land Usc by-law, that Direct Control

disuict will be identified as DC-1.

Land Use District Area Map