Edmonton (Alta.) - 1993 - Bylaw no. 10581 (as amended)_a bylaw to amend Bylaw No. 5996, as amende...

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Bylaw No. 10581 (as amended) A Bylaw to amend Bylaw No. 5996, as Amended, The Edmonton Land Use Bylaw WHEREAS the province of Alberta has privatized the sale of alcoholic beverages and has issued a number of licences to private individuals for this purpose; and,

WHEREAS City Council has indicated a desire to address the siting and scope of businesses selling alcoholic beverages through the Edmonton Land Use Bylaw;

NOW THEREFORE after due compliance with the relevant provisions of the Planning Act, R.S.A. 1980, C.P-9, as amended, the Municipal Council of the City of Edmonton duly assembled, enacts as follows:

Bylaw No. 5996, as amended, is hereby further amended as follows:

(a)

by adding a new sub-section 10.3.2(a) as follows:

"2a) Alcohol Sales, Major means development used for the retail sales of any and all types of alcoholic beverages to the public where the floor area for the individual business premises is greater than 275 m2 (2960.07 sq. ft.). This Use Class may include retail sales of related products such as soft drinks and snack foods".

(b)

by adding new sub-section 10.3.2(b) as follows:

"2b) Alcohol Sales, Minor means development used for the retail sale of any and all types of alcoholic beverages to the public. This Use Class may include retail sales of related products such as soft drinks and snack foods. The maximum floor area for this Use Class shall be no more than 275 m2 (2,960.07 sq. ft.) per individual business premises."

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(c)

by deleting the last sentence of sub-section 10.3.34, and replacing it as follows:

"This Use Class does not include developments used for the sale of gasoline, heavy agricultural and industrial equipment, alcoholic beverages, or second hand goods or developments defined as Warehouse Sales."

(d)

by adding new sub-sections (12a) and (12b) to Schedule 66.A Vehicular Parking Spaces, as follows:

"12a) Alcohol Sales, Major

4.3 per 100 m2 (4 per 1,000 sq. ft.) of gross floor area in the building.

12b) Alcohol Sales, Minor

3.2 per 100 m2 (3 per 1,000 sq. ft.) of gross floor area in the building."

(e)

by adding a new Section 98 as follows:

"98)

Major

Major and Minor Alcohol Sales

and Minor Alcohol Sales may comply with the following

regulations:

i)

The Development Officer may require lighting, signage and/or screening measures chat, in his opinion, make the proposed development compatible with adjacent or nearby residential or commercial development;

ii)

.The Development Officer may require that a Traffic Impact Study be conducted for Major Alcohol Sales Use Classes prior to the issuance of a Development Permit, if it appears that traffic volumes or vehicular turnover may create a significant negative impact on surrounding development.

This Traffic

Impact Study shall be prepared to the satisfaction of the Transportation Department; and

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iii) Major and Minor Alcohol Sales Use Classes shall not be located closer than 100 m (328 feet) ir:.1 any site being actively used at the time of application for Development Permit for community or recreation activities, public parks, or public or private education facilities, except that CSC and DC5 sites greater than two hectares (4.94 acres) are exempted from this requirement.

For the purposes of this Clause, public or

private education facilities are limited to those which are elementary through to high schools."

iv)

The Development Officer may consider Crime Prevention Through Environmental Design Criteria by ensuring: a)

the exterior of all stores have ample glazing from the street to allow natural surveillance;

b)

exterior lighting should be in accordance with the minimum safety standards prescribed by the Illuminating Engineers Society;

c)

any landscaping around the facilities be low-growing shrubs or deciduous trees with a high canopy at maturity and that all foliage be kept trimmed back to prevent loss of natural surveillance;

d)

no customer parking is in behind a facility and that all parking areas in front of the building be well-lighted; and

e)

customer access to the store be limited to a store front that is visible from the street, shopping centre parking lot or a mall access that allows visibility from the interior."

(f)

by adding the following sub-section 320.2.16, as follows: "16) Alcohol Sales, Major, on a site of 2 hectares (4.94 acres) or larger."

4/6 (g)

by adding the following sub-section 320.2.17, as follows: "17) Alcohol Sales, Minor, on a site of 2 hectares (4.94 acres) or larger."

(h)

by adding the following sub-section 320.3.18, as follows: "18) Alcohol Sales,

Major, on site of less than 2 hectares

(4.94 acres)." (i)

by adding the following sub-section 320.3.19, as follows: "19) Alcohol Sales, Minor, on site of less than 2 hectares (4.94 acres)."

(j)

by adding the following sub-section 320.4.9., as follows: "9)

Major and Minor Alcohol Sales shall be developed in accordance with Section 98 of this Bylaw."

(k)

by adding the sub-section 330.3.27, as follows: "27) Alcohol Sales, Minor"

(1)

by adding the following sub-section 330.5.5, as follows: "5) Minor Alcohol Sales shall be developed in accordance with Section 98 of this Bylaw."

(m) bradding the following sub-section 340.3.28, as follows: "28) Alcohol Sales, Major" (n)

by adding the following sub-section 340.3.29, as follows: "29) Alcohol Sales, Minor"

5/6 (o)

by adding the following sub-section 340.5.6, as follows: '6)

Major and Minor Alcohol Sales shall be developed in accordance with Section 98 of this Bylaw."

(p)

by adding the following sub-section 350.2.6, as follows: "6) Alcohol Sales, Minor"

(q)

by adding the following sub-section 350.3.20, as follows: "20) Alcohol Sales, Major"

(r)

by adding the following sub-section 350.4.8, as follows: "8)

Major and Minor Alcohol Sales shall be developed in accordance with Section 98 of this Bylaw."

(s) by adding the following sub-section 360.2.7, as follows: "7) Alcohol Sales, Minor" (t)

by adding the following sub-section 360.3.14, as follows: "14) Alcohol Sales, Major"

(u) by adding the following sub-section 360.4.6, as follows:

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Major and Minor Alcohol Sales shall be developed in accordance with Section 98 of this Bylaw."

(v)

by adding the following sub-section 370.4.3.(z)(ix), as follows: "ix) Alcohol Sales, Major"

(w)

by adding the following sub-section 370.4.3.(z)(x), as follows:

6/6 "x)

Alcohol Sales, Minor"

(x) by adding the following sub-section 370.6.7, as follows: "7)

Major and Minor Alcohol Sales shall be developed in accordance with Section 98 of this Bylaw."

(y) by adding the following sub-section 410.2.8, as follows: ,, 28)

Alcohol Sales, Major"

(z) by adding the following sub-section 410.2.9, as follows: "29) Alcohol Sales, Minor" (aa) by adding the following sub-section 410.4.7, as follows: "7)

Major and Minor Alcohol Sales shall be developed in accordance with Section 98 of this Bylaw."

READ a first time this

day of

, A.D. 1993;

READ a second time this

day of

, A.D. 1993;

READ a third time and duly passed this

1

day of p40\/ , A.D. 1993.

THE CITY OF EDMONTON

MAYOR

CITY CLERK