TOWN OF CANMORE AGENDA Regular Meeting of Council Council Chamber at the Canmore Civic Centre, 902 – 7 Avenue Tuesday, August 19, 2014 at 5:00 p.m.
A. APPROVAL OF AGENDA 1. Agenda for the August 19, 2014 Regular Meeting of Council
B. PUBLIC QUESTION PERIOD
C. DELEGATIONS AND PETITIONS None
D. MINUTES 1. Minutes of the June 24, 2014 Public Hearing for Bylaw 2014-07 2. Minutes of the June 24, 2014 Public Hearing for Bylaw 2014-04 3. Minutes of the July 2, 2014 Regular Meeting of Council 4. Minutes of the July 21, 2014 Special Meeting of Council
E. BUSINESS ARISING FROM THE MINUTES None
F. UNFINISHED BUSINESS 1. Capital Projects 1415 and 1416: Canmore Community Arts Centre - Construction Project Direction Recommendation: that council direct administration to complete a redesign and new budget for the Canmore Community Arts Centre as described in Option 1 of administration’s report.
G. BYLAW APPROVAL 1. Bylaw 2014-07 Land Use Bylaw Amendments - Bow Valley Trail Land Use Districts Recommendation: that council give second and third reading to Bylaw 2014- 07 as amended, as presented.
2. Bylaw 2014-04 Land Use Bylaw (LUB) Amendment Recommendation: that council give second and third reading to Bylaw 2014- 04 as amended, as presented.
H. NEW BUSINESS 1. Bow Valley Trail Annual Limits for the Conversion of Visitor Accommodation Units Policy Recommendation: That council approve the Bow Valley Trail Annual Limits for the Temporary Conversion of Visitor Accommodation Units Policy.
Agenda prepared by: Cheryl Hyde, Municipal Clerk Page 1 of 2
August 18, 2014 Regular Council Meeting 5 p.m. Page 1 of 104 2. Ice Rental Payment Deferral Agreement with the Canmore Eagles Hockey Team Recommendation: That Council enter into a Deferred Ice Rental Payment Agreement with the Canmore Eagles Hockey Team according to the following terms and conditions. a. The Canmore Eagles Hockey Team will: i. pay for all ice and associated facility rentals on a current basis. ii. make the first payment on the outstanding debt related to deferred ice rental payments on or before September 15, 2015, and in an amount of no less than $10,000, plus accrued interest at 0.5% above the prime rate. iii. retire the total of ice rental payments deferred, $151,332, by September 1, 2024, at the latest. iv. not let total indebtedness exceed $425,000 without the expressed written permission of the Town of Canmore. v. provide the Town with annual financial statements by July 31 of each year that deferred ice rental payments remain outstanding. vi. pay all outstanding deferred ice rental payments and accrued interest immediately to the Town of Canmore, in the event that the team is sold or any of the above conditions are breached.
I. CORRESPONDENCE/INFORMATION 1.
J. REPORTS FROM ADMINISTRATION 1.
K. NOTICES OF MOTION 1.
L. IN CAMERA 1.
M. ADJOURNMENT
Agenda prepared by: Cheryl Hyde, Municipal Clerk Page 2 of 2
August 18, 2014 Regular Council Meeting 5 p.m. Page 2 of 104 Unapproved D-1
TOWN OF CANMORE MINUTES Public Hearing for Land Use Bylaw Amendment 2014-07 – Bow Valley Trail Districts Council Chamber at the Canmore Civic Centre, 902 – 7 Avenue Tuesday, June 24, 2014 at 6:00 p.m.
COUNCIL MEMBERS PRESENT John Borrowman Mayor Ed Russell Deputy Mayor Vi Sandford Councillor Joanna McCallum Councillor Rob Seeley Councillor Esmé Comfort Councillor Sean Krausert Councillor (attended via Skype)
COUNCIL MEMBERS ABSENT
ADMINISTRATION PRESENT Lisa de Soto Chief Administrative Officer Gary Buxton General Manager of Municipal Infrastructure Patrick Sorfleet Development Planner Suzette Cardinal Executive Assistant (Recorder)
1. INTRODUCTION Mayor Borrowman opened the public hearing for Land Use Bylaw Amendment 2014-07 – Bow Valley Trail Districts at 6 p.m. and advised the public that all documents presented at this hearing are deemed to be public documents unless stated on the document that it is confidential.
2. ADMINISTRATIVE BRIEFING Administration provided the context and background of the bylaw.
3. APPLICANTS PRESENTATION Not applicable. The Town is sponsoring this request for an amendment to the Land Use Bylaw.
4. ADMINISTRATIVE COMMENTS Administration provided a summary of the presentation made to council at the council meeting where the hearing was scheduled.
5. QUESTIONS OF CLARIFICATION Council was provided the opportunity to ask questions of administration.
Minutes approved by: ______August 18, 2014 Regular Council Meeting 5 p.m. Page 3 of 104 Town of Canmore Public Hearing Unapproved June 24, 2014 Page 2 of 2
6. PUBLIC SUBMISSIONS The following members of the public made a verbal presentation: Ron Remple, Executive Director BOWDA
7. WRITTEN SUBMISSIONS The recording secretary to read into the record the names of those who provided written submissions: Judi Anstett Ron Remple, Executive Director BOWDA
8. FINAL ADMINISTRATIVE COMMENTS Administration provided final closing comments based on the verbal and written submissions and addressed questions of clarification from council.
9. CLOSING Mayor Borrowman closed the public hearing at 6:12 p.m.
______John Borrowman, Mayor
______Suzette Cardinal, Executive Assistant
Minutes approved by: ______
August 18, 2014 Regular Council Meeting 5 p.m. Page 4 of 104 Unapproved D-2
TOWN OF CANMORE MINUTES Public Hearing for Land Use Bylaw Amendment 2014-04 – 2014 Amendment Council Chamber at the Canmore Civic Centre, 902 – 7 Avenue Tuesday, June 24, 2014 at 6:12 p.m.
COUNCIL MEMBERS PRESENT John Borrowman Mayor Ed Russell Deputy Mayor Vi Sandford Councillor Joanna McCallum Councillor Rob Seeley Councillor Esmé Comfort Councillor Sean Krausert Councillor (attended via Skype)
COUNCIL MEMBERS ABSENT
ADMINISTRATION PRESENT Lisa de Soto Chief Administrative Officer Gary Buxton General Manager of Municipal Infrastructure Patrick Sorfleet Development Planner Suzette Cardinal Executive Assistant (Recorder)
1. INTRODUCTION Mayor Borrowman opened the public hearing for Land Use Bylaw 2014-04 – 2014 Amendment at 6:12 p.m. and advised the public that all documents presented at this hearing are deemed to be public documents unless stated on the document that it is confidential.
2. ADMINISTRATIVE BRIEFING Administration provided the context and background of the bylaw.
3. APPLICANTS PRESENTATION Not applicable. The Town is sponsoring this request for an amendment to the Land Use Bylaw.
4. ADMINISTRATIVE COMMENTS Administration provided a summary of the presentation made to council at the council meeting where the hearing was scheduled.
5. QUESTIONS OF CLARIFICATION Council was provided the opportunity to ask questions of administration.
Minutes approved by: ______August 18, 2014 Regular Council Meeting 5 p.m. Page 5 of 104 Town of Canmore Public Hearing Unapproved June 24, 2014 Page 2 of 2
6. PUBLIC SUBMISSIONS The following members of the public made a verbal presentation: Blue Falconer, Old School Bus Ice Cream
7. WRITTEN SUBMISSIONS The recording secretary to read into the record the names of those who provided written submissions: Ron Remple – Executive Director BOWDA Blue and Deb Falconer, owners of Old School Bus Ice Cream
8. FINAL ADMINISTRATIVE COMMENTS Administration provided final closing comments based on the verbal and written submissions and addressed questions of clarification from council.
9. CLOSING Mayor Borrowman closed the public hearing at 6:26 p.m.
______John Borrowman, Mayor
______Suzette Cardinal, Executive Assistant
Minutes approved by: ______
August 18, 2014 Regular Council Meeting 5 p.m. Page 6 of 104 Unapproved D-3
TOWN OF CANMORE MINUTES Regular Meeting of Council Council Chamber at the Canmore Civic Centre, 902 – 7 Avenue Wednesday, July 2, 2014 at 5:00 p.m.
COUNCIL MEMBERS PRESENT John Borrowman Mayor Esmé Comfort Deputy Mayor Ed Russell Councillor Vi Sandford Councillor Joanna McCallum Councillor Rob Seeley Councillor Sean Krausert Councillor
COUNCIL MEMBERS ABSENT None
ADMINISTRATION PRESENT Lisa de Soto Chief Administrative Officer Gary Buxton General Manager of Municipal Infrastructure Lorrie O’Brien General Manager of Municipal Services Chris Bartolomie Supervisor Arts and Culture Kate Van Fraasen Development Officer Jacob Johnson Manager of Engineering Jim Younker Manager of Recreation Ric Irwin Finance Shannon Staple Tax Officer Suzette Cardinal Executive Assistant (Recorder)
Mayor Borrowman called July 2, 2014 regular meeting to order at 5:00 p.m.
A. APPROVAL OF AGENDA 1. Agenda for the July 2, 2014 Regular Meeting of Council 150-2014 Moved by Mayor Borrowman that council approve the agenda for the July 2, 2014 regular meeting of council as presented. CARRIED UNANIMOUSLY
B. PUBLIC QUESTION PERIOD None
C. DELEGATIONS AND PETITIONS None
Minutes approved by: ______August 18, 2014 Regular Council Meeting 5 p.m. Page 7 of 104 Town of Canmore Regular Council Meeting Unapproved July 2, 2014 Page 2 of 5
D. MINUTES 1. Minutes of the June 17, 2014 Regular Meeting of Council 151-2014 Moved by Mayor Borrowman that council approve the minutes of the June 17, 2014 regular meeting of council amended as follows: Motion 143-2014 – Carried – Opposed Russell Motion 145-2014 – Carried – Opposed Russell CARRIED UNANIMOUSLY
E. BUSINESS ARISING FROM THE MINUTES 1. Town Strategic Direction to Support 2016 Alberta World Cup Administration as well as Ken Davies, Event Hosting Society; Norbert Meier, Alberta World Cup Society; Ken Hewlitt; Alberta World Cup Society; Carlie Lewis, Event Hosting Society and Alberta World Cup Society; Michael Roycroft, Area Manager for the Nordic Centre; and Andrew Nickerson, CAO of Canmore Business and Tourism, spoke to a written report contained in the meeting agenda package.
152-2014 Moved by Mayor Borrowman that council support the 2016 FIS and IBU World Cups by directing administration to include $247,000 in financial support in the 2015-2016 budgets to host a six-week long World Cup Festival. This budget to be supported in the following manner: 1) $50,000 per year, for the next two years (2015 & 2016) by continuation of the tax supported monies from the previously established Alberta Winter Games contribution. 2) $100,000 to be contributed by the Town of Canmore towards day sponsorship of World Cup events contingent upon Canmore Business and Tourism leveraging matching funds through Travel Alberta and/or alternate sources. 3) $47,000 from the Town of Canmore contingent upon Canmore Business and Tourism continuing to support the 2016 Winter Carnival with $40,000 plus regional marketing. CARRIED UNANIMOUSLY
F. UNFINISHED BUSINESS None
G. BYLAW APPROVAL 1. Bylaw 2014-20 Amendment to Business Registry Bylaw 2010-14 Andrew Nickerson, CAO of Canmore Business and Tourism, joined administration in speaking to a written report contained in the meeting agenda package.
153-2014 Moved by Mayor Borrowman that council give first reading to Bylaw 2014-20, Amendment to Business Registry Bylaw 2010-14. CARRIED UNANIMOUSLY
154-2014 Moved by Mayor Borrowman that council give second reading to Bylaw 2014-20, Amendment to Business Registry Bylaw 2010-14. CARRIED UNANIMOUSLY
155-2014 Moved by Mayor Borrowman that council go to third reading of Bylaw 2014-20, Amendment to Business Registry Bylaw 2010-14. CARRIED UNANIMOUSLY
Minutes approved by: ______
August 18, 2014 Regular Council Meeting 5 p.m. Page 8 of 104 Town of Canmore Regular Council Meeting Unapproved July 2, 2014 Page 3 of 5
156-2014 Moved by Mayor Borrowman that council give third reading to Bylaw 2014-20, Amendment to Business Registry Bylaw 2010-14. CARRIED UNANIMOUSLY
157-2014 Moved by Mayor Borrowman that council request that Canmore Business and Tourism proceed with public engagement on its proposed fee schedule amendments for 2015. CARRIED UNANIMOUSLY
2. SSR2014-003 and Bylaw 2014-14 Land Use Amendment for Stewart Creek Phase 3 158-2014 Moved by Mayor Borrowman that council give first reading to Bylaw 2014-14. CARRIED UNANIMOUSLY
159-2014 Moved by Mayor Borrowman that council schedule a public hearing for SSR 2014-003 and Bylaw 2014-14 for August 26, 2014 at 6 p.m.
159A-2014 Moved by Councillor Sandford to amend motion 159-2014 by changing the date for the public hearing from August 26, 2014 to September 4, 2014 at 6 p.m. AMENDMENT CARRIED In favour: Seeley, Sandford, McCallum, Krausert Opposed: Russell, Comfort, Borrowman
159-2014 The vote followed on motion 159-2014 as amended: that council schedule a public hearing for SSR 2014-003 and Bylaw 2014-14 for September 4, 2014 at 6 p.m. CARRIED UNANIMOUSLY
H. NEW BUSINESS 1. Event Review Report Phase 1 – Stakeholder Consultation Justin Rousseau, Managing Director of Expedition Management Consulting Ltd. joined administration in speaking to a written report contained in the meeting agenda package.
160-2014 Moved by Mayor Borrowman that council accept the Event Review Report Phase 1 – Stakeholder Consultation as information. CARRIED UNANIMOUSLY
161-2014 Moved by Mayor Borrowman that council direct administration to proceed with a review of organizational governance to deliver and manage special events and arts and to incorporate staffing and leadership recommendations into the 2015 budget operating cycle. CARRIED UNANIMOUSLY
162-2014 Moved by Mayor Borrowman that council direct administration to share the recommended organizational governance model for managing special events and arts with council at a fall 2014 meeting. CARRIED UNANIMOUSLY
2. 2015 Budget and Business Plan Guidelines
Minutes approved by: ______
August 18, 2014 Regular Council Meeting 5 p.m. Page 9 of 104 Town of Canmore Regular Council Meeting Unapproved July 2, 2014 Page 4 of 5
163-2014 Moved by Mayor Borrowman that council approve the 2015 Budget and Business Plan Guidelines as presented. CARRIED UNANIMOUSLY
3. Canmore Wayfinding Implementation Plan 164-2014 Moved by Mayor Borrowman that council revise the scope of the Capital Project 1429 to include replacement of existing and addition of new Primary, Secondary and Town Centre Gateway signage as budget allows. CARRIED UNANIMOUSLY
165-2014 Moved by Mayor Borrowman that council accept the scope and implementation plan for Wayfinding from 2015-2017 as presented. CARRIED UNANIMOUSLY
4. Request for a Refund of Property Taxes Paid – Roll 15887 166-2014 Moved by Mayor Borrowman that council authorize the refund of $446.88 in municipal property taxes and perpetually affordable housing requisitions to the owner of tax roll #15887. CARRIED UNANIMOUSLY
Meeting Extension 167-2014 Moved by Mayor Borrowman that Council proceed past 9 p.m. until the agenda for July 2, 2014 is complete. DEFEATED Opposed: McCallum
168-2014 Moved by Borrowman that council extend the regular meeting until 9:30 p.m. CARRIED UNANIMOUSLY
5. Authorization to make Development Permit and Building Permit Applications for Lot 15, Block 9, Plan 9412498 169-2014 Moved by Mayor Borrowman that council authorize the Alberta Social Housing Corporation or its agents to make development permit and building permit applications for development of Lot 15, Block 9, Plan 9412498. CARRIED UNANIMOUSLY
6. Business Revitalization Zone Financial Statements and Board of Directors Approval 170-2014 Moved by Mayor Borrowman that council appoint the following people to the Downtown Canmore Business Revitalization Board for the term July 2, 2014 to December 31, 2015: Kevin Simpson Karen Gordon Ryan Brehon Jamie Cuthill Joe Gregory Steph Jones CARRIED UNANIMOUSLY
171-2014 Moved by Mayor Borrowman that council accept the Downtown Canmore Business
Minutes approved by: ______
August 18, 2014 Regular Council Meeting 5 p.m. Page 10 of 104 Town of Canmore Regular Council Meeting Unapproved July 2, 2014 Page 5 of 5
Revitalization Board’s 2013 Financial Statements for information, as presented. CARRIED UNANIMOUSLY
I. CORRESPONDENCE/INFORMATION None
J. REPORTS FROM ADMINISTRATION 1. Eagles Ice Agreement The manager of recreation provided council with an update regarding the current agreement of ice payment deferral for the Canmore Eagles. The Eagles are up to date on interest payments and have provided regular statements, in compliance with their agreement with the Town. The debt will be repaid in 2015-2016. More details will be presented to council in August.
K. NOTICES OF MOTION None
L. IN CAMERA None
M. ADJOURNMENT 172-2014 Moved by Mayor Borrowman that council adjourn the July 2, 2014 regular meeting of council at 9:20 p.m. CARRIED UNANIMOUSLY
______John Borrowman, Mayor
______Cheryl Hyde, Municipal Clerk
Minutes approved by: ______
August 18, 2014 Regular Council Meeting 5 p.m. Page 11 of 104 Unapproved D-4
TOWN OF CANMORE MINUTES Special Meeting of Council Council Chamber at the Canmore Civic Centre, 902 – 7 Avenue Monday, July 21, 2014 at 1:00 p.m.
COUNCIL MEMBERS PRESENT John Borrowman Mayor Esmé Comfort Deputy Mayor Ed Russell Councillor Vi Sandford Councillor Joanna McCallum Councillor Rob Seeley Councillor Sean Krausert Councillor
COUNCIL MEMBERS ABSENT None
ADMINISTRATION PRESENT Lisa de Soto Chief Administrative Officer Gary Buxton General Manager of Municipal Infrastructure Lorrie O’Brien General Manager of Municipal Services Stephen Hanus Manager of Facilities Cheryl Hyde Municipal Clerk (Recorder)
Mayor Borrowman called the July 21, 2014 special meeting to order at 1:00 p.m.
A. APPROVAL OF AGENDA 1. Agenda for the July 21, 2014 Special Meeting of Council 173-2014 Moved by Mayor Borrowman that council approve the agenda for the July 21, 2014 special meeting of council as presented. CARRIED UNANIMOUSLY
B. PUBLIC QUESTION PERIOD None
C. DELEGATIONS AND PETITIONS None
D. MINUTES None
E. BUSINESS ARISING FROM THE MINUTES None
Minutes approved by: ______August 18, 2014 Regular Council Meeting 5 p.m. Page 12 of 104 Town of Canmore Special Council Meeting Unapproved July 21, 2014 Page 2 of 2
F. UNFINISHED BUSINESS 1. Reconsideration of Motion 159-2014 Motion 159-2014: that council schedule a public hearing for SSR2014-003 and Bylaw 2014-15 for September 4, 2014 at 6 p.m.
Councillor Russell reported that he is now able to attend the public hearing scheduled for September 4. Therefore, the motion to reconsider motion 159-2014 was not made. The public hearing remains scheduled for September 4 at 6 p.m.
G. BYLAW APPROVAL None
H. NEW BUSINESS None
I. CORRESPONDENCE/INFORMATION None
J. REPORTS FROM ADMINISTRATION None
K. NOTICES OF MOTION None
L. IN CAMERA 1. Arts Centre Contract 174-2014 Moved by Mayor Borrowman that council go in camera at 1:05 p.m. to prevent disclosure of information related to the Town’s negotiating position, in accordance with section 25 of the Freedom of Information and Protection of Privacy Act. CARRIED UNANIMOUSLY
175-2014 Moved by Mayor Borrowman to return to the public meeting at 2:20 p.m. CARRIED UNANIMOUSLY
M. ADJOURNMENT 176-2014 Moved by Mayor Borrowman that council adjourn the July 21, 2014 special meeting of council at 2:20 p.m. CARRIED UNANIMOUSLY
______John Borrowman, Mayor
______Cheryl Hyde, Municipal Clerk
Minutes approved by: ______
August 18, 2014 Regular Council Meeting 5 p.m. Page 13 of 104 Request for Decision
DATE OF MEETING: August 19, 2014 Agenda #: F-1
TO: Council
SUBJECT: Capital Projects 1415 & 1416: Canmore Community Arts Centre – Construction Project Direction
SUBMITTED BY: Stephen Hanus, Manager of Facilities
RECOMMENDATION: That Council direct Administration to complete a redesign and new budget for the Canmore Community Arts Centre as described in Option 1 of the report.
EXECUTIVE SUMMARY The existing budget is insufficient to renovate the former public library facility into the proposed Arts Centre using the current design. Even with significant efforts dedicated to scope reducing design changes, the budget is insufficient. In order to keep this project moving forward, the recommended option is to increase funding in the amount of $200,000 to allow for reinforcement of the existing roof and interior renovations to proceed. Other options have been considered, but would require a cancellation of this project and initiation of another, since they are such significant departures from the status quo.
PREVIOUS COUNCIL DIRECTION OR POLICY Council passed the following motion on November 20, 2012: 396-2012 - Consolidated That council direct administration to establish a placeholder in the year 2014 of the five year capital plan for a $1,800,000 Canmore Community Arts Centre facility construction project based on the general design set out in the facility plan, with the scope, scale, and budget of the project to be refined through 2013 and brought back to council for approval.
The following projects were approved in the 2014 Capital Budget. 2-000-1415-8990 OLD LIBRARY - BUILDING LIFECYCLE REPLACEMENT $1,400,000 2-000-1416-8990 ARTS CENTRE INTERIOR RENOVATIONS $ 900,000 TOTAL $2,300,000 (A portion of Capital Project 1416 was to be funded from grants, and the entire grant was not received as expected, so the total funding available for the 2 projects is $2,237,000.)
At the July 21, 2014 Council meeting, Council asked administration to review cost estimates for the reduced design that reinforced the existing roof, and to compare this to a possible lease space scenario.
August 18, 2014 Regular Council Meeting 5 p.m. Page 14 of 104 Arts Centre Construction Page 2 of 7
DISCUSSION Despite best efforts to keep the design of the project pragmatic and affordable, and significant costing efforts during the design phase, the estimated construction costs to redevelop the old library building into an arts centre exceed the budget. We released the project as a stipulated price contract in February 2014, yet all five bids received were significantly over budget. The lowest bidder at that time still exceeded the budget by nearly $900k. All bids were subsequently rejected.
Administration continued to work with the Canadian Mountain Arts Foundation (CMAF) and GEC Architecture to strategize cost saving measures. Through this process, several cost saving items were identified that would not impact the intent of the original design, and the project was re-opened to contractors as a proposal call for pre-construction and construction management services. The intent was to engage the most qualified contractor during the pre-construction, and work as a team to conduct a thorough value engineering exercise that reduced the budget. Of 12 submissions, Bird Construction was selected as the strongest candidate.
Unfortunately, market cost pressures continued to increase between spring and summer, further increasing the cost overage of the project. The same project was now estimated to cost $1.2M over budget. So despite finding cost saving options valued at nearly $280k, the project is still estimated to be $935k over budget. With the intent of finding options to keep the project moving ahead, the Construction Committee (i.e. Administration, Bird, CMAF & GEC) embarked on more aggressive search for options to consider. A detailed description of the three principal options is described below. Two additional options are outlined in the Alternatives section of this report.
Option 1: Proceed only with Leasehold Improvements and Interior Structural Reinforcement
i. Description
a. Project reduced to an interior renovation equivalent to a leasehold improvement. b. Major scope changes include: • Structural upgrades from inside the building to meet new snow-load code. • Patch and repair roof instead of replace. • Retain existing mechanical units, and only add what is required for kiln and glazing rooms. • Reconfigure floor plan that minimizes new construction, but still retain all program space of original design. Reduced exterior upgrades (i.e. canopy, finishes). • Remove all exterior landscaping. • No longer LEEDTM renovation.
ii. Pros
a. Most cost effective option for reuse of old library space. b. Safety and core operational needs are addressed. c. Floor plan still has all the components of the original plan, and provides a functional facility that will still benefit the arts community.
August 18, 2014 Regular Council Meeting 5 p.m. Page 15 of 104 Arts Centre Construction Page 3 of 7
iii. Cons
a. Exterior aesthetics of the building will remain largely unchanged from the existing facility. b. Deferred replacement costs of the mechanical and roof systems, and ongoing operational costs to maintain. c. Least energy efficient Option and will not get LEEDTM certification (not consistent with the Town’s Sustainable Building Policy). d. Represents an interim 5-10 year upgrade to the facility.
Administration and CMAF have done some recent work with Bird Construction to develop a tentative plan and to cost the revised plan. The initial estimates are that the complete costs are in the $2.3 - $2.4M range, requiring a $100,000 - $200,000 budget increase. However, more work is needed to complete the revised design and develop a more detailed cost estimate. Administration recommends proceeding with this option. It represents an investment into an existing municipal building that would otherwise remain vacant or require demolition. It is the most affordable option to re-develop the existing facility over the five and 10 year timelines. It also allows administration and CMAF to proceed in some fashion with the design and operational planning conducted to date.
Option 2: Proceed with Project as Designed, but with Minor Scope Changes
i. Description
a. Full intent of original design remains intact, but with minor scope changes identified to reduce costs. b. Minor scope changes included: • Mechanical System: Replace w Lower Cost Option • Metal Panels: Replace w Lower Cost Option • Acoustic Panels: Replace w Lower Cost Option • Retractable Audience Seating: Replace w Lower Cost Option • Polished Concrete Floor: Replace w Marmoleum • Stainless Steel Countertops: Replace w P-Lam • Admin Area Millwork & Interior Walls: Remove • Rear Canopy: Remove • Solar Tubes: Remove 9 Units • Retractable Wall: Remove • Pivot Wall: Remove • Glass Cabinet: Remove
ii. Pros:
a. Implements a plan that the community has been working toward for at least three years. b. Buy-in from the arts community due to its functional design. c. Revitalizes an existing facility. d. Meets LEEDTM building requirements.
iii. Cons:
a. Most costly option – required budget increase is estimated at $934,000.
August 18, 2014 Regular Council Meeting 5 p.m. Page 16 of 104 Arts Centre Construction Page 4 of 7
b. Some design features are limited by re-using an existing structure (e.g. ceiling height). c. Downtown enhancement will likely drive the eventual replacement of the building.
Administration would have liked to proceed with this option in order to implement a long- term enhancement into the facility as planned. However, the capital costs have increased significantly and the required budget adjustment is considered too large..
Option 3: Lease Option
i. Description
a. Involves entering into a lease agreement with a commercial property owner, based on a lease of at least 5 or 10 years to ensure continuity of service, rental rate, and return on initial investment.
ii. Pros
a. May be an option if upgrading the Town-owned facility is not possible. b. Drives the need for identifying the long-term option and the downtown enhancement plan. c. Base building costs are paid in the form of a lease thereby operationalizing and spreading them over time. iii. Cons
a. Some leasehold improvements will be sunk costs. b. Current design would be abandoned and redone for a lease space. c. Current operating plan may need to be redone. d. Depending on available lease space, operating programs may need to be scaled back (e.g. performance space) thus reducing revenue potential. e. Rental costs would significantly increase annual operating costs compared to other options. f. Limited available of suitably large (8,000 sq. ft.) and functional spaces (parking, location, accessibility for people with disabilities). g. Unknown if a suitable space actually exists or is available. h. Increased risk due to lack of property ownership (rental rates, property sale, control). i. Requires a cancellation of the project, and re-start of a new project.
Some assumptions were made with respect to the evaluation of the leasing option: • The leased space would be the same size as the proposed space in the old library (~ 8,000 sq. ft.). • Lease rental costs were estimated at a range of $12 - $16 / sq. ft. creating an annual lease cost range of $96,000 to $128,000. • Low scenario leasehold improvement costs were assumed to be minimal and estimated at $837,000; those being the funds that were budgeted for leasehold improvements and furniture and fixtures in the old library building. • High leasehold costs were estimated at $225 / sq. ft. The initial full construction costs submitted as part of the tenders were around $350 / sq. ft., while the most recent cost estimates from Bird for the more limited leasehold improvements were about $230 / sq. ft.
August 18, 2014 Regular Council Meeting 5 p.m. Page 17 of 104 Arts Centre Construction Page 5 of 7
Administration does not recommend this option as it is an entirely new project with no known location at present, and represents increased risks. Further, all of the work conducted to date (architectural and programming) would have to be abandoned and redone.
ALTERNATIVES ANALYSIS Two alternate options have also been reviewed and analyzed:
Option 4: Proceed with Project as Designed
i. Description
a. Implements the full design as planned b. Total cost is $3,449,972 ($1,212,972 overage) Not recommended due to the substantial increase required in the project budget.
Option 5: New Project Using a more Affordable (Fabric) Structure
ii. Description
a. Build a new pre-fabricated structure using aluminum frame and insulated fabric membrane (Sprung – structure)
b. Location to be determined
c. Total cost is approximately $2,350,216 ($113,216 overage). • Assumes $2M base building costs • Costs do not assume any land costs, site improvements (e.g. parking) or contingencies given the large number of unknowns. Not recommended as it is an entirely new project with no known location.
FINANCIAL IMPACTS Below is a net present value (NPV) analysis of the three main options considered. In the short term (i.e. 5 years), finding an affordable lease space and investing the least amount of capital possible (i.e. Option 3a) would be the most affordable option. However, annual costs are more than double those of the town-owned facility options (1 and 2) due to the lease costs, which are fully sunk costs. Impacts to the revenue stream were not considered, as these are highly dependent on the property. As the initial capital investment increases, lease rate increase and the timeframe extends, the viability of leasing decreases (i.e. Options 3b, 3b and 3c). Alternatively, it would be more worthwhile to invest in the Town’s own facility (Option 1) and gain the associated benefits as described in the Discussion section above. Implementing the project as designed with minor scope revisions (i.e. Option 2) is the most costly option as expected. The minor savings in utility and maintenance costs with this option do not justify the capital investment in the short term.
Longer term (i.e. 10 years), the most cost effective option is still to find an affordable lease space and invest as little as possible into the renovation costs; however, to a lesser degree than over the short-term. Options 1 and even 2 become more viable over the long-term as lease rates and initial investment of the leased property increases.
August 18, 2014 Regular Council Meeting 5 p.m. Page 18 of 104 Arts Centre Construction Page 6 of 7
STAKEHOLDER ENGAGEMENT Throughout this project, we have been collaborating closely with the local arts community, general public and internally with staff from the Facilities, Community Enrichment and Executive Departments. Most recently, CMAF has been integral during the design phase (2013) and pre-construction phase (2014).
STRATEGIC ALIGNMENT This associated directly with Goal #3 in the Strategic Plan: “Canmore’s services and programs respond to the social, cultural and recreational aspirations of its residents.” The corresponding strategic initiative is to “Redevelop the old Library as an Arts Development Centre.”
ATTACHMENTS
None.
August 18, 2014 Regular Council Meeting 5 p.m. Page 19 of 104 Arts Centre Construction Page 7 of 7
AUTHORIZATION
Submitted by: Stephen Hanus Manager of Facilities Date: August 12, 2014
Approved by: Ric Irwin Senior Finance Officer Date: August 14, 2014
Approved by: Gary Buxton General Manager, Municipal Infrastructure Date August 14, 2014
Approved by: Lisa de Soto, P.Eng. Chief Administrative Officer Date: August 13, 2014
August 18, 2014 Regular Council Meeting 5 p.m. Page 20 of 104 Request for Decision
DATE OF MEETING: August 19, 2014 Agenda #: G-1
TO: Council
SUBJECT: Bylaw 2014-07 Land Use Bylaw Amendments - Bow Valley Trail land use districts
SUBMITTED BY: Tracy Woitenko, Development Planner
RECOMMENDATION: That Council give second and third reading to Bylaw 2014-07, as amended, as presented.
EXECUTIVE SUMMARY Council approved Bylaw 2012-11, the Bow Valley Trail Area Redevelopment Plan (BVT ARP). Bylaw 2014- 07 would amend the Land Use Bylaw 22-2010 to implement the land use concept set out in the BVT ARP.
PREVIOUS COUNCIL DIRECTION OR POLICY Council gave third reading for the BVT ARP on January 15th, 2013 (Resolution 7-2013). The BVT ARP is available for review on the Town’s website.
DISCUSSION Subsequent to the adoption of the BVT ARP the Land Use Bylaw must be amended to implement the BVT ARP and ensure that the land use regulations for the area are consistent with it. Bylaw 2014-07 is intended to ensure this consistency. The districts identified in this bylaw are based on the precincts identified in the BVT ARP. The proposed amendment to the Land Use Bylaw creates new distinct districts to achieve different land use goals of the precincts. The new districts include BVT-C, BVT-G, BVT-T, VIC and SB.
At the public hearing there were two submissions. The first comment was regarding the removal of time restrictions on visitor accommodation to allow for more flexible use of the units at the owner’s discretion. Administration does not support this opinion at this time and prefers the recommended approach to allow conversion of visitor accommodation units to employee housing or PAH only. The second submission advocates that a maximum of 25% of the gross floor area of developments should be allowed to be residential/tourist home (rather than 50%) to protect the area for future visitor accommodation uses. This would be consistent with the BVT ARP which states that a maximum 50% GFA of developments may be residential and that the BVT area is primarily a commercial area and residential is ancillary. However this suggestion could create existing non-conforming developments as this regulation exists in the current BVT Districts to allow a maximum of 50%.
August 18, 2014 Regular Council Meeting 5 p.m. Page 21 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 2 of 33
The BVT ARP requires that an annual limit be established for the conversion of visitor accommodation to Employee Housing and PAH. Administration is proposing that the limit be established and implemented though adoption of a policy rather than including the limit within the Land Use Bylaw. The proposed policy is included as a separate item on this agenda.
In addition to minor corrections, the changes proposed to the bylaw since first reading include, and are shown on the attached redline version:
Removing all references to CCHC and inserting general program/approval details. Removing a statement that Staff Accommodation may be allowed on a different site. The purpose of staff accommodation is to provide on-site housing. Employee Housing is the use which allows for housing to be off-site. Deleting the definition for PAH. The Land Use Bylaw contains a PAH definition which is still relevant and more descriptive. Removing Tourist Sales and Booking Offices as separate use in the Central, General and Teepee Town districts as this is included under Visitor Oriented Retail Stores. Employee housing was not included in the list of uses in the BVT-T District by error at first reading. Including the regulation for visitor oriented retail in the VIC District to be consistent with the BVT Districts.
ALTERNATIVES ANALYSIS Council could propose additional changes to the wording of the proposed Bylaw 2014-07.
FINANCIAL IMPACTS The approval of these districts does not have any direct financial implications. There may be indirect financial implications through real growth as a function of these new districts. For example, the changes in yard setbacks and minimum densities should result in more intensive redevelopment. Equally, the addition of the southern business district presents new options for development of sites that have remained undeveloped for many years.
STAKEHOLDER ENGAGEMENT The development of the BVT ARP involved in depth and detailed stakeholder engagement including design charettes and workshops as well as the formal bylaw process for the BVT ARP. The development of the specific districts in this bylaw has involved some limited stakeholder engagement. The public hearing as required by s.692(1) of the Municipal Government Act was held on June 24, 2014.
STRATEGIC ALIGNMENT Goal 6: Canmore has a diverse economy that is resilient to change.
The proposed new districts will create new opportunities for both redevelopment and business opportunities. The Southern Business District allows for additional light-industrial land and pote ntial growth of businesses outside of tourism and hospitality.
Goal 7: Canmore’s services and programs meet the needs of a diverse socio-economic population.
The addition of the various forms of staff and affordable housing provide flexibility in existing developments and allow for more opportunities to house employees that work in town. These new
August 18, 2014 Regular Council Meeting 5 p.m. Page 22 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 3 of 33
provisions may help to provide the staff and perpetually affordable housing units prescribed in the Comprehensive Housing Action Plan.
Goal 10: The Town of Canmore decisions are based on informed and accurate information and deliberated in an open and transparent fashion.
The proposed bylaw would implement many of the sections of the BVT ARP. The BVT ARP was the subject of intense community and stakeholder engagement. Not amending the Land Use Bylaw to accommodate the changes set out in the BVT ARP would leave the documents inconsistent.
ATTACHMENTS 1) Bylaw 2014-07
AUTHORIZATION
Submitted by: Tracy Woitenko, RPP, MCIP Development Planner Date: August 5, 2014
Approved by: Alaric Fish, MSc, MCIP Manager of Planning and Development Date August 6, 2014
Approved by: Gary Buxton General Manager of Municipal Infrastructure Date: August 14, 2014
Approved by: Lisa de Soto, P.Eng. Chief Administrative Officer Date: August 11, 2014
August 18, 2014 Regular Council Meeting 5 p.m. Page 23 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 4 of 33
ATTACHMENT 1
BYLAW 2014-07
A BYLAW OF THE TOWN OF CANMORE, IN THE PROVINCE OF ALBERTA, TO AMEND LAND USE BYLAW 22-2010 WITH RESPECT TO IMPLEMENTATION OF THE BOW VALLEY TRAIL AREA REDEVELOPMENT PLAN
The Council of the Town of Canmore, in the Province of Alberta, duly assembled, enacts as follows:
1: TITLE 1.1. This bylaw shall be known as the “Bow Valley Trail ARP implementation bylaw.”
2: INTERPRETATION 2.1. Where a bylaw references a Town staff position, department or committee, the reference is deemed to be to the current name that the staff position, department or committee is known by.
2.2. Where a bylaw references a program of the Canmore Community Housing Corporation the reference is deemed to be to the program providing that service regardless of the name of that program.This bylaw is an amendment to the Land Use Bylaw 22-2010, all changes stated under section 3 of this bylaw shall be deemed to be changes to the Land Use Bylaw 22-2010.
3: PROVISIONS 3.1. Sections 2.23 and 2.24, the Bow Valley Trail Commercial District and the Bow Valley Trail-Teepee Town Commercial District sections of Land Use Bylaw 22-2010 are removed.
3.2. Section 15 of Land Use Bylaw 22-2010 is amended to re-designate the identified lands in accordance with Schedule A of this bylaw.
3.3. Section 2 of Land Use Bylaw 22-2010 is amended such that the subsections are renumbered in accordance with Schedule B of this bylaw.
3.4. Section 2 of Land Use Bylaw 22-2010 is amended such that subsections 2.33, 2.34, 2.35, 2.42, and 2.53 are added in accordance with Schedule C of this bylaw.
3.5. Section 4.18.5.7(b) of the Land Use Bylaw is amended as follows: b. Lighting fixtures shall be mounted no higher than 5.5m above grade in all the Bow Valley Trail districts, the Visitor Information Centre District and the Southern Business District.
3.6. The following definitions shall be included in Section 16 of Land Use Bylaw 22-2010:
Staff Accommodation means housing units located on the same site as a business for providing accommodation for employees of that business and their dependents. Staff Accommodation units may take the form of self-contained units or dormitories. The maximum occupancy for staff accommodation units is 2 adults per bedroom. Staff
August 18, 2014 Regular Council Meeting 5 p.m. Page 24 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 5 of 33
Accommodation are ancillary to the business for which they are providing housing and therefore are not intended to be on a separate title from that of the business. At the discretion of the development authority, staff accommodation may be located on a different site from that of the business it is serving.
Temporary Staff Housing means a commercial or residential space that is registered with and participating in the Canmore Community Housing Corporation staff housing program the temporary conversion of a visitor accommodation unit to provide housing for employees.
Build to line means the distance from property line to which a building must be built.
Perpetually Affordable Housing (PAH) means a housing unit that is part of the Canmore Community Housing Corporation’s perpetually affordable housing program.
3.7. The following definitions in Section 16 of Land Use Bylaw 22-2010 shall be amended to read as follows:
Convenience store means a retail outlet selling primarily groceries, including perishable items, to area residents on a day‐to‐day basis from business premises which do not exceed 300.0 m² in gross floor area.
Long‐term care facility means a public or private health facility for the care, supervision or rehabilitation of individuals containing overnight accommodation and operated in accordance with relevant Province of Alberta Legislation and Regulations. Units within a Long-term Care facility may, at the discretion of the development authority, be considered as both long term care units and dwelling units as these may be permanent residences for the occupants.
Seniors Housing/Supportive Living Facility means a facility designed for persons 65 years of age or over or a person less than 65 years of age with special circumstances appropriate to an approved Supportive Living Facility as determined by Provincial Regulations and/or the Town of Canmore and operated in accordance with the Alberta Housing Act, the Supportive Living Accommodation Licensing Act and any other applicable Regulations established by the Province of Alberta. Units within a Seniors Housing/Supportive Living Facility may, at the discretion of the development authority, be considered as both Seniors Housing/Supportive Living units and dwelling units as these may be permanent residences for the occupants.
ENACTMENT/TRANSITION
3.8. If any clause in this bylaw is found to be invalid, it shall be severed from the remainder of the bylaw and shall not invalidate the whole bylaw.
3.9. Schedule A, Schedule B, and Schedule C form part of this bylaw.
3.10. This bylaw comes into force on the date it is passed.
August 18, 2014 Regular Council Meeting 5 p.m. Page 25 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 6 of 33
FIRST READING: June 3, 2014
PUBLIC HEARING: June 24, 2014
SECOND READING:
THIRD READING:
Approved on behalf of the Town of Canmore:
John Borrowman Date Mayor
Cheryl Hyde Date Municipal Clerk
August 18, 2014 Regular Council Meeting 5 p.m. Page 26 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 7 of 33
SCHEDULE A: LAND USE MAP
August 18, 2014 Regular Council Meeting 5 p.m. Page 27 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 8 of 33
SCHEDULE B: RENUMBERING OF SECTION 2 OF LAND USE BYLAW 22-2010
Section 2 of the Land Use Bylaw 22-2010 shall be renumbered in accordance with the list below:
Residential Districts
2.1 R1 Residential Single‐Family Detached District
2.2 R1A Residential Single‐Family Detached Small‐Lot District
2.3 R1N‐M Moraine Road Single‐Family Detached Narrow‐lot Residential District
2.4 R1B Residential Single‐Family Detached Plus District
2.5 R1B‐E Residential Single‐Family Detached Plus Entry‐level District
2.6 R1B‐W Residential Single‐Family Detached Plus Wide Lot District
2.7 R1S Residential Single‐Family Detached with Suites District
2.8 R2 Residential Family Two‐unit District
2.9 R2A Residential Family Low Density District
2.10 R3 Residential Comprehensive Multiple‐unit District
2.11 R3 SC Residential Comprehensive Multiple‐unit Stewart Creek District
2.12 R3 SC1 Residential Comprehensive Multiple‐unit Stewart Creek District
2.13 R4 Residential Medium Density District
2.14 R5 Residential Apartment District
2.15 MHP Manufactured Home Park Family Residential District
2.16 MHR Manufactured Home Family Residential District
2.17 STR‐1 Silvertip Residential Single‐Family and Two Unit District
2.18 STR‐2 Silvertip Comprehensive Residential District
2.19 TPT‐CR Teepee Town Comprehensive Redevelopment District
2.20 EHD Employee Housing District
Sections 2.21 through 2.29 to be reserved for future residential districts
August 18, 2014 Regular Council Meeting 5 p.m. Page 28 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 9 of 33
Commercial Districts
2. 30 TC Town Centre District
2.31 GD Gateway Commercial District
2.32 GD‐2 Gateway Commercial District with Automotive Uses
2.33 BVT-C Bow Valley Trail Central District
2.34 BVT‐T Bow Valley Trail‐ Teepee Town Commercial District
2.35 BVT-G Bow Valley Trail General District
2.36 CC Local Commercial District
2.37 TBD Transition Business District
2.38 TS‐GD Three Sisters Commercial Gateway District
2.39 TS‐MU Three Sisters Mixed use District
2.40 CRD Commercial Resort District
2.41 TS‐RA1 Three Sisters Resort Accommodation District
2.42 VIC Visitor Information Centre District
Sections 2.43 through 2.49 to be reserved for future commercial districts
Industrial Districts
2.50 TID Transition Industrial District
2.51 IND 1 Light Industrial District
2.52 IND 2 General Industrial District
2.53 SB Southern Business District
Sections 2.54 through 2.59 to be reserved for future industrial districts
Miscellaneous Land Use Districts
2.60 PD Public Use District
2.61 UR Urban Reserve District
2.62 UR‐1 Restricted Urban Reserve District
2.63 NP Natural Park District
August 18, 2014 Regular Council Meeting 5 p.m. Page 29 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 10 of 33
2.64 ED Environment District
2.65 WC Wildlands Conservation District
August 18, 2014 Regular Council Meeting 5 p.m. Page 30 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 11 of 33
SCHEDULE C: NEW LAND USE DISTRICTS
2.33 BVT –C - Bow Valley Trail Central Commercial District
2.33.1 Purpose This district is intended to complement, not compete with, the downtown area to facilitate the expansion of the health and wellness sector of our economy, and to provide services to visitors and residents of Canmore.
2.33.2 Permitted Uses Amusement Arcades Athletic and Recreation Facilities Arts and Crafts Studios Convenience Stores Convention Facilities Eating Establishments Entertainment Establishments Home Occupation – Class 1 Hostel Medical Clinics Offices (above the main floor) Parks and Playgrounds Perpetually Affordable Housing (above the main floor) Personal Service Businesses Public and Quasi Public Buildings and Uses Public Utilities Retail Stores (≤ 150.0m2 GFA) Tourist Sales and Booking Offices Visitor Accommodation
2.33.3 Discretionary Uses Cultural Establishments Day Care Facilities Drinking Establishments Dwelling Units (above the main floor) Employee Housing Essential Public Services Funeral Homes Home Occupation – Class 2 Laundromat Light Manufacturing Operations Liquor Stores (≤ 150.0m2 GFA) Long Term Care Facilities Offices (main floor) Perpetually Affordable Housing (main floor)
August 18, 2014 Regular Council Meeting 5 p.m. Page 31 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 12 of 33
Private Clubs Public Transportation Terminal Retail Stores (Visitor Oriented ≤ 300.0m2 GFA) Seniors Housing/Supportive Living Facility Signs Staff Accommodation Taxi Stands Tourist Homes (above the main floor) Temporary Staff Housing Uses approved on a particular site that were not legally non-conforming prior to the approval of 3rd reading of Bylaw 2014-07 Warehouse Stores (≤ 250.0m2 GFA)
2.33.4 REGULATIONS 2.33.4.1 The minimum site area shall be 1000.0m2. 2.33.4.2 The minimum site width shall be 30.0m. 2.33.4.3 The minimum floor area ratio shall be 0.75. 2.33.4.4 The maximum floor area ratio shall be 1.5. 2.33.4.5 The maximum site coverage of all buildings shall be 55%. 2.33.4.6 The minimum front yard depth shall be as follows: a. Fronting on to Bow Valley Trail: 0m b. All other locations: 3.0m c. The front yard setback shall be the build-to-line for a minimum 20% of the building except where pedestrian infrastructure or hardscaping (e.g. plaza, seating) is provided. 2.33.4.7 The minimum rear yard depth shall be 6.0m. 2.33.4.8 The minimum side yard depth shall be 3.0m. 2.33.4.9 Notwithstanding the yard setbacks above, all development shall be set back from the Trans Canada Highway right of way by a minimum 15.0m. 2.33.4.10 The maximum building height is 16.0m. The maximum eaveline height is 7.0m. Floor area above the eaveline shall be incorporated into the roof structure and step back from the front building face for a minimum of 70% of the elevation. 2.33.4.11 A minimum of 25% of the site shall be landscaped in accordance with section 2.33.6 and section 9. 2.33.4.12 Developments shall complement the mountain community of Canmore and must conform to section 9, the Community Architectural and Urban Design Standards and the regulations of this section. Where there is a conflict between section 9 and this section, this section shall prevail. NOTE: The setbacks and other regulations described in this district are minimum requirements. Depending on the location of a proposed development (e.g. a corner lot, a site adjacent to a waterbody or a location within the Wellhead Protection Area) other regulations in the Land Use
August 18, 2014 Regular Council Meeting 5 p.m. Page 32 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 13 of 33
Bylaw – for example Section 4.1, Setback Regulations - may increase or otherwise vary these requirements
2.33.5 Design Requirements 2.33.5.1 A pedestrian-oriented streetscape shall be established to allow for or encourage pedestrian traffic. The streetscape shall incorporate design elements such as: wide sidewalks/paths (minimum width of 2.0m), separation of pedestrian use areas from motor vehicle use areas, outdoor furniture, patios, pedestrian scale street lighting, bicycle parking, canopies, vestibules, formal trail connections, façade treatments that are sensitive to sidewalk location on a site specific basis, and permeability of facades by the use of glass and doors subject section 9. 2.33.5.2 Notwithstanding 2.33.4.10, mountain vistas shall be preserved at the intersections of Bow Valley Trail with Benchlands Trail and Bow Valley Trail with 17th Street by retaining a minimum sight angle of 12.5° over all buildings on lots adjacent to the intersections. The sight angle shall be measured from a horizontal plane established from a point 1.8 m above the centre-point of these intersections.
Figure 1: Minimum sight angle
2.33.5.3 Signage shall not be oriented to or be legible from the Trans-Canada Highway. 2.33.5.4 Where a development is adjacent to the CP Rail right of way or adjacent to a portion of a public pathway system which is adjacent to that right of way, the developer shall construct a fence adjacent to the CP Rail right of way to restrict pedestrian access to the satisfaction of the development authority. 2.33.5.5 Where possible along Bow Valley Trail, the main floor of developments for sites lower than the crown of road should be raised to be closer to the elevation of the crown of the road. Where sites are raised to bring the main floor of the building closer to the elevation of the crown of Bow Valley Trail, the development authority shall use this new grade as the basis for calculating height.
2.33.6 Landscaping 2.33.6.1 Outdoor amenity space including, but not limited to, plazas, patios, and other pedestrian gathering places may be substituted for some natural landscaping to the extent that it achieves a blend of natural environment and value as a people place. Outdoor amenity space must be located adjacent to a sidewalk or public trail in order to be considered as landscaping. 2.33.6.2 Areas devoted to the parking or circulation of motor vehicles shall not be counted towards the minimum 25% landscaped area.
August 18, 2014 Regular Council Meeting 5 p.m. Page 33 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 14 of 33
2.33.6.3 Areas devoted to the parking of bicycles may, at the discretion of the development authority, be counted towards the minimum 25% landscaped area. 2.33.6.4 Where the front yard is provided, it shall be landscaped in accordance with the provisions of section 9, the Community Architectural and Urban Design Standards. 2.33.6.5 The Town may permit landscaping within the road right of way. Any such landscaping shall not count towards the minimum 25% landscaped area; however the plantings may be counted towards the total required trees and shrubs at the discretion of the development authority.
2.33.7 Dwelling Units and Tourist Homes 2.33.7.1 A maximum of 50% of the total gross floor area of the building(s) on site may be used for residential dwelling unit and/or Tourist Home purposes. The development authority may consider relaxation of this limit where dwelling units are designed into the attic space under pitched roofs per 2.33.13.3. 2.33.7.2 Dwelling Units and Tourist Homes shall not be located on the main floor of a building. 2.33.7.3 Dwelling Units, Tourist Homes and Visitor Accommodation units may occupy the same building; however, all must have separate and distinct entrances and circulation areas. Tourist homes and dwelling units must also be separate from any commercial component of the building. 2.33.7.4 Where dwelling units and tourist homes are proposed, the development authority shall require private outdoor amenity space in accordance with section 4.19. 2.33.7.5 The maximum size of a dwelling unit or tourist home shall be 75.0m2. 2.33.7.6 Notwithstanding 2.33.7.1, 2.33.7.2, and 2.33.7.5 Long Term Care Facilities and Seniors Housing/Supportive living Facilities may occupy 100% of the GFA of a of a development, may be permitted on the main floor, and are not restricted by size. 2.33.7.7 Employee Housing, Staff Accommodation, Temporary Staff Housing and Perpetually Affordable Housing shall not be counted towards the maximum residential gross floor area set out in 2.33.7.1.
2.33.8 Employee Housing, Staff Accommodation and Temporary Staff Housing Employee Housing, Staff Accommodation and Temporary Staff Housing are not subject to 2.33.7. 2.33.8.1 Employee Housing shall be restricted for the exclusive use of employees as defined in section 16 to the satisfaction of the development authority. 2.33.8.2 Employee Housing shall meet the following maximum unit size criteria: a. Bachelor - 37.0m2 b. One bedroom - 51.0m2 c. Two bedroom - 65.0m2 d. Three bedroom - 84.0m2 e. The total unit size of dormitory style employee housing shall be 35m2/bedroom.
August 18, 2014 Regular Council Meeting 5 p.m. Page 34 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 15 of 33
2.33.8.3 Employee Housing may, at the discretion of the development authority, be used as housing for more than 3 persons who do not constitute a family as defined in Section 16. 2.33.8.4 Employee Housing, Staff Accommodation, and Temporary Staff Housing units may be permitted on the main floor of a building where, in the opinion of the development authority, the proposed location and building design do not function well as business frontage. 2.33.8.5 Staff Accommodation and Employee Housing shall be integrated into the development. When integrated into the principal building, Staff Accommodation and Employee Housing shall be functionally separated from visitor accommodation units and/or other commercial uses. 2.33.8.6 The conversion of a visitor accommodation unit to Temporary Staff Housing may be allowed, at the discretion of the development authority, where the unit is registered in a qualified staff housing program or where a set of eligibility criteria are established and appropriate restrictions are imposed on the unit. 2.33.8.7 Temporary Staff Housing is not required to be separate from visitor accommodation units, other commercial uses or residential uses. 2.33.8.78 Permits for Temporary Staff Housing may be granted for up to 3 years in this district and may be renewed at the discretion of the development authority. Consecutive permits valid for of up to 3 years each may be granted at the discretion of the development authority.
2.33.9 Perpetually Affordable Housing (PAH) Perpetually affordable housing units are not subject to 2.33.7. 2.33.9.1 PAH units may be permitted on the main floor of a building where, in the opinion of the development authority, the building design and proposed location does not function well as business frontage.
2.33.10 Offices and Retail 2.33.10.1 The majority of office space within a development should be located above the main floor. 2.33.10.2 The maximum office size on the main floor shall be limited to 250m2 with any additional space to be located above the main floor. 2.33.10.3 Visitor Oriented Retail Stores Where an application is made for visitor oriented retail use, the applicant must demonstrate to the development authority’s satisfaction that the proposed business is visitor oriented. Examples of visitor oriented retail include tour sales and bookings, and recreational equipment rentals.
2.33.11 Parking, Loading, Storage, Waste and Recycling 2.33.11.1 All parking and loading areas not incorporated into the building or a parking structure shall be visually screened with fencing or landscaping so as to screen it from view from the street to the satisfaction of the development authority.
August 18, 2014 Regular Council Meeting 5 p.m. Page 35 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 16 of 33
2.33.11.2 Except for dwelling units and tourist homes, the development authority may allow a portion of the parking required by a development to be provided in an off-site location within the BVT-C, BVT-G, or BVT-T districts. 2.33.11.3 For Visitor Accommodation uses, up to 30% of the required parking can be dedicated bus parking provided that adequate bus maneuvering space is incorporated into the site design. One bus parking stall shall be equivalent to 15 car parking stalls for the purpose of calculating total required parking. 2.33.11.4 For Visitor Accommodation uses, on-site surface parking must be provided for anticipated over-sized vehicles or vehicle powered by propane. 2.33.11.5 Solid waste containers, grease containers, recycling containers, and waste material shall be stored either inside a principal building or, at the discretion of the development authority, in a weatherproof and animal-proof enclosure. Enclosures shall be designed and located to be visually integrated with the site. 2.33.11.6 All outdoor storage is prohibited.
2.33.12 Wellhead Protection Portions of the BVT-C District are within the Town of Canmore Wellhead Protection area. Notwithstanding the regulations and the permitted and discretionary uses of this district developments located within the Wellhead Protection Area shall conform to the regulations and use prohibitions described in section 5.2.0.
2.33.13 Special Variance Considerations Notwithstanding the variance regulations set out in 1.14, the following variances may also be considered within this district: 2.33.13.1 Where the development authority is satisfied that the architectural integrity of a building would be enhanced, variances may be granted to allow 20% of the building to exceed the maximum height by up to 20%. No height variances should be granted beyond the 20% relaxation. 2.33.13.2 Building Massing The required eave line height of a proposed development may be raised to 9.0m where the development authority is satisfied that the intent of the "Massing and Scale Guidelines" in the Community Architectural and Urban Design Standards, Section 9 are still met. 2.33.13.3 The development authority may vary 2.33.7.1 to allow greater than 50% of the GFA of a development to be dwelling units or tourist homes where dwelling units are designed into the attic space under pitched roofs.
2.33.14 Sustainability Screening Report A Sustainability Screening Report is required by the Town as part of the Development Permit application process for developments with a GFA of 500.0m2 or more in accordance with Section 1, Administration, and the Town of Canmore Sustainability Screening Process.
August 18, 2014 Regular Council Meeting 5 p.m. Page 36 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 17 of 33
2.34 BVT-T– Bow Valley Trail Teepee Town Commercial District
2.34.1 Purpose The purpose is to provide for a range and scale of services oriented to visitors and residents along Bow Valley Trail that also respects the adjacent residential development in the Teepee Town area. A high standard of landscaping and architectural design is required. Emphasis is on the creation of a pedestrian streetscape.
2.34.2 Permitted Uses Amusement Arcades Arts and Crafts Studios Athletic and Recreational Facilities Convenience Stores Convention Facilities Eating Establishments Entertainment Establishments Essential Public Services Home Occupations Class 1 Medical Clinics Offices (above the main floor) Parks and Playgrounds Personal Service Business Perpetually Affordable Housing (above the main floor) Public and Quasi-Public Buildings & Uses Public Utilities Retail Stores (≤ 150.0m2 GFA) Veterinary Clinics Visitor Accommodation
2.34.3 Discretionary Uses Campgrounds Cultural Establishments Day Care Facilities Dwelling Units (above the main floor) Employee Housing Home Occupations Class 2 Hostel Laundromats Light Manufacturing Operations (may include up to 200.0m2 of retail space as an accessory use) Liquor Stores (≤ 150m2 GFA) Long Term Care Facilities Offices (main floor) Private Clubs Perpetually Affordable Housing (main floor)
August 18, 2014 Regular Council Meeting 5 p.m. Page 37 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 18 of 33
Public Transportation Terminal Retail Stores (Visitor Oriented ≤ 300.0m2 GFA) Schools, commercial Seniors Housing/Supportive Living Facility Signs Staff Accommodation Taxi Stands Temporary Staff Housing Tourist Homes Uses approved on a particular site that were not legally non-conforming prior to the approval of 3rd reading of Bylaw 2014-07 Warehouse Stores (≤ 250m2 GFA)
2.34.4 Regulations 2.34.4.1 The minimum site area shall be 1000.0m2. 2.34.4.2 The minimum site width shall be 30.0m. 2.34.4.3 The minimum floor area ratio shall be 0.75. 2.34.4.4 The maximum floor area ratio shall be 1.25. 2.34.4.5 The maximum site coverage of all buildings shall be 55%. 2.34.4.6 The front yard setback shall be 4.5m. The front yard setback shall be the build to line. 2.34.4.7 The minimum rear yard depth shall be 6.0m. 2.34.4.8 The minimum side yard shall be 3.0m. 2.34.4.9 The maximum building height shall be 12.0m or three storeys, whichever is less. The maximum eaveline height is 7.0m. Floor area above the eaveline shall be incorporated into the roof structure and step back from the front building face for a minimum of 70% of the elevation. 2.34.4.10 A minimum of 25% of the site shall be landscaped in accordance with section 2.34.6 and section 9. 2.34.4.11 Developments shall complement the mountain community of Canmore and must conform to section 9, the Community Architectural and Urban Design Standards and the regulations of this section. Where there is a conflict between section 9 and this section, this section shall prevail. NOTE: The setbacks and other regulations described in this district are minimum requirements. Depending on the location of a proposed development (e.g. a corner lot, a site adjacent to a waterbody or a location within the Wellhead Protection Area) other regulations in the Land Use Bylaw – for example Section 4.1, Setback Regulations - may increase or otherwise vary these requirements
2.34.5 Design Requirements 2.34.5.1 A pedestrian-oriented streetscape shall be established to allow for or encourage pedestrian traffic. The streetscape shall incorporate design elements such as: wide sidewalks, separation of pedestrian use areas from vehicle use areas, outdoor furniture, patios,
August 18, 2014 Regular Council Meeting 5 p.m. Page 38 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 19 of 33
pedestrian scale street lighting, bicycle parking, canopies, vestibules, formal trail connections, façade treatments that are sensitive to sidewalk location on a site specific basis, and permeability of facades by the use of glass and doors subject to section 9, Community Architectural and Urban Design Standards for Commercial Development . 2.34.5.2 Notwithstanding 2.34.4.9, mountain vistas shall be preserved at the intersection of Bow Valley Trail with 17th Street by retaining a minimum sight angle of 12.5° over all buildings on lots adjacent to the intersections. The sight angle shall be measured from a horizontal plane established from a point 1.8 m above the centre-point of these intersections.
Figure 1: Minimum sight angle
2.34.5.3 Signage shall not be oriented to or be legible from the Trans Canada Highway. 2.34.5.4 In accordance with the Municipal Development Plan policies on commercial development, major strip malls are not acceptable developments. This includes structures which contain a large concentration of service and retail uses on one site; typically more than 6 commercial retail units all or part of which are connected. 2.34.5.5 Developments abutting residential districts shall be designed to minimize the impacts of parking, loading, garbage storage, sun shadow, lighting, noise and business hours of operation on the residential environment to the satisfaction of the Development Authority. Specifically, such developments shall be designed and constructed as follows: a) Where a proposed development is adjacent to or across a lane from a residential district, the façade facing the residential district shall be considered an additional "frontage" for the purposes of architectural design and materials. b) No mechanical equipment shall be mounted on walls adjacent to or across a lane from a residential district.
2.34.6 Landscaping 2.34.6.1 Outdoor amenity space including, but not limited to, plazas, patios, and other pedestrian gathering places may be substituted for some natural landscaping to the extent that it achieves a blend of natural environment and value as a people place. Outdoor amenity space must be located adjacent to a sidewalk or public trail in order to be considered as landscaping. 2.34.6.2 Areas devoted to the parking or circulation of motor vehicles shall not be counted towards the minimum 25% landscaped area. 2.34.6.3 Areas devoted to the parking of bicycles may, at the discretion of the development authority, be counted towards the minimum 25% landscaped area.
August 18, 2014 Regular Council Meeting 5 p.m. Page 39 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 20 of 33
2.34.6.4 A minimum of 50% of the front yard shall be natural landscaping in accordance with the provisions of the Community Architectural and Urban Design Standards, Section 9. 2.34.6.5 The Town may permit landscaping within the road right of way. Any such landscaping shall not count towards the minimum 25% landscaped area; however the plantings may be counted towards the total required trees and shrubs at the discretion of the development authority.
2.34.7 Dwelling Units and Tourist Homes 2.34.7.1 A maximum of 50% of the total gross floor area of the building(s) on site may be used for residential dwelling unit and/or Tourist Home purposes. The development authority may consider relaxation of this limit where dwelling units are designed into the attic space under pitched roofs. 2.34.7.2 Dwelling Units and Tourist Homes shall not be located on the main floor of a building. 2.34.7.3 Dwelling Units, Tourist Homes and Visitor Accommodation units may occupy the same building; however, all must have separate and distinct entrances and circulation areas. Tourist homes and dwelling units must also be separate from any commercial component of the building. 2.34.7.4 Where dwelling units and tourist homes are proposed, the development authority shall require private outdoor amenity space in accordance with section 4.19. 2.34.7.5 The maximum size of a dwelling unit or tourist home shall be 75.0m2. 2.34.7.6 Notwithstanding 2.34.7.1, 2.34.7.2, and 2.34.7.5 Long Term Care Facilities and Seniors Housing/Supportive living Facilities may occupy 100% of the GFA of a of a development, may be permitted on the main floor, and are not restricted by size. 2.34.7.7 Employee Housing, Staff Accommodation, Temporary Staff Housing and Perpetually Affordable Housing shall not be counted towards the maximum residential gross floor area set out in 2.34.7.1.
2.34.8 Employee Housing, Staff Accommodation and Temporary Staff Housing Employee Housing, Staff Accommodation and Temporary Staff Housing are not subject to 2.34.7. 2.34.8.1 Employee Housing shall be restricted for the exclusive use of employees as defined in section 16 to the satisfaction of the development authority. 2.34.8.2 Employee Housing shall meet the following maximum unit size criteria: f. Bachelor - 37.0m2 g. One bedroom - 51.0m2 h. Two bedroom - 65.0m2 i. Three bedroom - 84.0m2 j. The total unit size of dormitory style employee housing shall be 35m2/bedroom. 2.34.8.3 Employee Housing may, at the discretion of the development authority, be used as housing for more than 3 persons who do not constitute a family as defined in Section 16.
August 18, 2014 Regular Council Meeting 5 p.m. Page 40 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 21 of 33
2.34.8.4 Employee Housing, Staff Accommodation, and Temporary Staff Housing units may be permitted on the main floor of a building where, in the opinion of the development authority, the proposed location and building design do not function well as business frontage. 2.34.8.5 Staff Accommodation and Employee Housing and Employee Housing shall be integrated into the development. When integrated into the principal building, Staff Accommodation shall be functionally separated from visitor accommodation units and/or other commercial uses. 2.34.8.6 The conversion of a visitor accommodation unit to Temporary Staff Housing may be allowed, at the discretion of the development authority, where the unit is registered in a qualified staff housing program or where a set of eligibility criteria are established and appropriate restrictions are imposed on the unit. 2.34.8.7 Temporary Staff Housing is not required to be separate from visitor accommodation units, other commercial uses or residential uses. 2.34.8.78 Permits for Temporary Staff Housing may be granted for up to three years in this district. Consecutive permits valid for of up to 3 years each may be granted at the discretion of the development authority.
2.34.9 Perpetually Affordable Housing (PAH) Perpetually affordable housing units are not subject to 2.34.7. 2.34.9.1 PAH units may be permitted on the main floor of a building where, in the opinion of the development authority, the building design and proposed location does not function well as business frontage.
2.34.10 Offices and Retail 2.34.10.1 The majority of office space within a development should be located above the main floor. 2.34.10.2 The maximum office size on the main floor shall be limited to 250m2 with any additional space to be located above the main floor. 2.34.10.3 Visitor Oriented Retail Stores Where an application is made for visitor oriented retail use, the applicant must demonstrate to the development authority’s satisfaction that the proposed business is visitor oriented. Examples of visitor oriented retail include tour sales and bookings, and recreational equipment rentals.
2.34.11 Parking, Loading and Storage 2.34.11.1 All parking and loading areas not incorporated into the building or a parking structure shall be provided to the side and/or the rear of the site. 2.34.11.2 All parking and loading areas not incorporated into the building or a parking structure shall be visually screened with fencing or landscaping so as to screen it from view from the street to the satisfaction of the development authority. 2.34.11.3 No more than four parking stalls, or two parking stalls and a loading bay, shall have direct access to a lane from the rear of a development. Additional parking stalls or loading bays
August 18, 2014 Regular Council Meeting 5 p.m. Page 41 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 22 of 33
shall be accessed by a driveway and be screened from the lane to the satisfaction of the Development Authority. 2.34.11.4 Except for dwelling units and tourist homes, the development authority may allow a portion of the parking required by a development to be provided in an off-site location within the BVT-C, BVT-G, or BVT-T districts. 2.34.11.5 For Visitor Accommodation uses, up to 30% of the required parking can be dedicated bus parking provided that adequate bus maneuvering space is incorporated into the site design. One bus parking stall shall be equivalent to 15 car parking stalls for the purpose of calculating total required parking. 2.34.11.6 For Visitor Accommodation uses, on-site surface parking must be provided for anticipated over-sized vehicles or vehicle powered by propane. 2.34.11.7 Solid waste containers, grease containers, recycling containers, and waste material shall be stored either inside a principal building or, at the discretion of the development authority, in a weatherproof and animal-proof enclosure. Enclosures shall be designed and located to be visually integrated with the site. 2.34.11.8 All outdoor storage is prohibited.
2.34.12 Special Variance Considerations Notwithstanding the variance regulations set out in 1.14, the following variances may also be considered within this district: 2.34.12.1 Where the Development Authority is satisfied that the architectural integrity of a building would be enhanced, variances may be granted to allow 10% of the building to exceed the maximum height by up to 10%. No height variances should be granted beyond the 10%.
2.34.13 Sustainability Screening Report A Sustainability Screening Report is required by the Town as part of the Development Permit application process for developments with a GFA of 500m2 or more in accordance with Section 1, Administration, and the Town of Canmore Sustainability Screening Process.
August 18, 2014 Regular Council Meeting 5 p.m. Page 42 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 23 of 33
2.35 BVT –G - Bow Valley Trail General Commercial District
2.35.1 Purpose This district is intended to form the core of Canmore’s visitor accommodation outside the resorts and provide a variety of commercial uses including visitor-oriented services and activities, and small retail outlets that serve both residents and visitors. The main floor of buildings should be reserved for uses that require and facilitate strong interaction with people on the street, such as hotel entrances, small retail stores, or eating establishments. Uses that are predominantly focused on serving visitors are encouraged in this district.
2.35.2 Permitted Uses Athletic and Recreation Facilities Amusement Arcades Arts and Crafts Studios Convenience Stores Convention Facilities Eating Establishments Entertainment Establishments Employee Housing Home Occupation – Class 1 Hostel Medical Clinics Offices (above the main floor) Parks and Playgrounds Personal Service Businesses Public and Quasi Public Buildings and Uses Perpetually Affordable Housing Personal Service Business Public and Quasi-Public Buildings & Uses Public Utilities Retail Stores (≤ 150.0m2 GFA) Tourist Sales and Booking Offices Veterinary Clinics Visitor Accommodation (outside the 30 NEF contour)
2.35.3 Discretionary Uses Automotive Parts Sales (≤ 200.0m² GFA) Automotive Sales and Rentals Campgrounds Cultural Establishments Day Care Facilities Drinking Establishments Drive-in Food Services (north of 17th Street only) Developments approved on a specific lot prior to 3rd reading of this Bylaw Dwelling Units (above the main floor and outside the 30 NEF contour) Employee Housing (outside 30 NEF contour)
August 18, 2014 Regular Council Meeting 5 p.m. Page 43 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 24 of 33
Essential Public Services Funeral Homes Gas Bars (south of Benchlands Trail only) Home Occupations Class 2 Kennels Laundromats Light Manufacturing Operations (may include up to 200.0m² GFA of retail space as an accessory use) Liquor Stores (≤ 150.0m² GFA) Long Term Care Facilities Offices (main floor) Printing establishments, commercial Private Clubs Public Transportation Terminal Retail Stores (Visitor Oriented ≤300.0m2 GFA) Schools, commercial Seasonal/Temporary Business Seniors Housing/Supportive Living Facility Signs Staff Accommodation Taxi Stands Temporary Staff Housing Tourist Homes (above the main floor) Uses approved on a particular site that were not legally non-conforming prior to the approval of 3rd reading of Bylaw 2014-07 Warehouse Stores (≤ 250.0m² GFA)
2.35.4 REGULATIONS 2.35.4.1 The minimum site area shall be 1000.0m2. 2.35.4.2 The minimum site width shall be 30.0m. 2.35.4.3 The minimum floor area ratio shall be 0.75. 2.35.4.4 The maximum floor area ratio shall be 1.5. 2.35.4.5 The maximum site coverage of all buildings shall be 55%. 2.35.4.6 The minimum front yard depth shall be as follows: d. Fronting on to Bow Valley Trail: 0m e. All other locations: 3.0m f. The front yard setback shall be the build-to-line for a minimum 20% of the building except where pedestrian infrastructure or hardscaping (e.g. plaza, seating) is provided. 2.35.4.7 The minimum rear yard depth shall be 6.0m. 2.35.4.8 The minimum side yard depth shall be 3.0m. 2.35.4.9 Notwithstanding the yard setbacks above, all development shall be set back from the Trans Canada right of way by a minimum 15.0m.
August 18, 2014 Regular Council Meeting 5 p.m. Page 44 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 25 of 33
2.35.4.10 The maximum building height is 16.0m. The maximum eaveline height is 7.0m. Floor area above the eaveline shall be incorporated into the roof structure and step back from the front building face for a minimum of 70% of the elevation. 2.35.4.11 A minimum of 25% of the site shall be landscaped in accordance with section 2.35.6 and section 9. 2.35.4.12 Developments shall complement the mountain community of Canmore and must conform to section 9, the Community Architectural and Urban Design Standards and the regulations of this section. Where there is a conflict between section 9 and this section, this section shall prevail. NOTE: The setbacks and other regulations described in this district are minimum requirements. Depending on the location of a proposed development (e.g. a corner lot, a site adjacent to a waterbody or a location within the Wellhead Protection Area) other regulations in the Land Use Bylaw – for example Section 4.1, Setback Regulations - may increase or otherwise vary these requirements
2.35.5 Design Requirements 2.35.5.1 A pedestrian-oriented streetscape shall be established to allow for or encourage pedestrian traffic. The streetscape shall incorporate design elements such as: wide sidewalks/paths (minimum width of 2.0m), separation of pedestrian use areas from motor vehicle use areas, outdoor furniture, patios, pedestrian scale street lighting, bicycle parking, canopies, vestibules, formal trail connections, façade treatments that are sensitive to sidewalk location on a site specific basis, and permeability of facades by the use of glass and doors subject section 9. 2.35.5.2 Notwithstanding 2.35.4.10, mountain vistas shall be preserved at the intersections of Bow Valley Trail with Benchlands Trail and Bow Valley Trail with 17th Street by retaining a minimum sight angle of 12.5° over all buildings on lots adjacent to the intersections. The sight angle shall be measured from a horizontal plane established from a point 1.8m above the centre-point of these intersections.
Figure 1: Minimum sight angle
2.35.5.3 Signage shall not be oriented to or be legible from the Trans-Canada Highway. 2.35.5.4 Where a development is adjacent to the CP Rail right of way or adjacent to a portion of a public pathway system which is adjacent to that right of way, the developer shall construct a fence adjacent to the CP Rail right of way to restrict pedestrian access to the satisfaction of the development authority.
August 18, 2014 Regular Council Meeting 5 p.m. Page 45 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 26 of 33
2.35.5.5 Where possible along Bow Valley Trail, the main floor of developments for sites lower than the crown of road should be raised to be closer to the elevation of the crown of the road. Where sites are raised to bring the main floor of the building closer to the elevation of the crown of Bow Valley Trail, the development authority shall use this new grade as the basis for calculating height.
2.35.6 Landscaping 2.35.6.1 Outdoor amenity space including, but not limited to, plazas, patios, and other pedestrian gathering places may be substituted for some natural landscaping to the extent that it achieves a blend of natural environment and value as a people place. Outdoor amenity space must be located adjacent to a sidewalk or public trail in order to be considered as landscaping. 2.35.6.2 Areas devoted to the parking or circulation of motor vehicles shall not be counted towards the minimum 25% landscaped area. 2.35.6.3 Areas devoted to the parking of bicycles may, at the discretion of the development authority, be counted towards the minimum 25% landscaped area. 2.35.6.4 Where the front yard is provided, it shall be landscaped in accordance with the provisions of the Community Architectural and Urban Design Standards, Section 9. 2.35.6.5 The Town may permit landscaping within the road right of way. Any such landscaping shall not count towards the minimum 25% landscaped area; however the plantings may be counted towards the total required trees and shrubs at the discretion of the development authority.
2.35.7 Dwelling Units and Tourist Homes 2.35.7.1 A maximum of 50% of the total gross floor area of the building(s) on site may be used for residential dwelling unit and/or Tourist Home purposes. The development authority may consider relaxation of this limit where dwelling units are designed into the attic space under pitched roofs. 2.35.7.2 Dwelling Units and Tourist Homes shall not be located on the main floor of a building. 2.35.7.3 Dwelling Units, Tourist Homes and Visitor Accommodation units may occupy the same building; however, all must have separate and distinct entrances and circulation areas. Tourist homes and dwelling units must also be separate from any commercial component of the building. 2.35.7.4 Where dwelling units and tourist homes are proposed, the development authority shall require private outdoor amenity space in accordance with section 4.19. 2.35.7.5 The maximum size of a dwelling unit or tourist home shall be 75.0m2. 2.35.7.6 Notwithstanding 2.35.7.1, 2.35.7.2, and 2.35.7.5 Long Term Care Facilities and Seniors Housing/Supportive living Facilities may occupy 100% of the GFA of a of a development, may be permitted on the main floor, and are not restricted by size. 2.35.7.7 Employee Housing, Staff Accommodation, Temporary Staff Housing and Perpetually Affordable Housing shall not be counted towards the maximum residential gross floor area set out in 2.35.7.1.
August 18, 2014 Regular Council Meeting 5 p.m. Page 46 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 27 of 33
2.35.8 Employee Housing, Staff Accommodation and Temporary Staff Housing Employee Housing, Staff Accommodation and Temporary Staff Housing are not subject to 2.35.7. 2.35.8.1 Employee Housing shall be restricted for the exclusive use of employees as defined in section 16 to the satisfaction of the development authority. 2.35.8.2 Employee Housing shall meet the following maximum unit size criteria: k. Bachelor - 37.0m2 l. One bedroom - 51.0m2 m. Two bedroom - 65.0m2 n. Three bedroom - 84.0m2 o. The total unit size of dormitory style employee housing shall be 35m2/bedroom. 2.35.8.3 Employee Housing may, at the discretion of the development authority, be used as housing for more than 3 persons who do not constitute a family as defined in Section 16. 2.35.8.4 Employee Housing, Staff Accommodation, and Temporary Staff Housing shall not be counted towards the maximum residential area of a development set out in 2.35.7.1. 2.35.8.5 Employee Housing, Staff Accommodation, and Temporary Staff Housing units may be permitted on the main floor of a building where, in the opinion of the development authority, the proposed location and building design do not function well as business frontage. 2.35.8.6 Staff Accommodation and Employee Housing shall be integrated into the development. When integrated into the principal building, Staff Accommodation and Employee Housing shall be functionally separated from visitor accommodation units and/or other commercial uses. 2.35.8.7 The conversion of a visitor accommodation unit to Temporary Staff Housing may be allowed, at the discretion of the development authority, where the unit is registered in a qualified staff housing program or where a set of eligibility criteria are established and appropriate restrictions are imposed on the unit. 2.35.8.8 Temporary Staff Housing is not required to be separate from visitor accommodation units, other commercial uses or residential uses. 2.35.8.89 Permits for Temporary Staff Housing may be granted for up to three years in this district. Consecutive permits valid for of up to 3 years each may be granted at the discretion of the development authority.
2.35.9 Perpetually Affordable Housing (PAH) Perpetually affordable housing units are not subject to 2.35.7. 2.35.9.1 PAH units may be permitted on the main floor of a building where, in the opinion of the development authority, the building design and proposed location does not function well as business frontage.
August 18, 2014 Regular Council Meeting 5 p.m. Page 47 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 28 of 33
2.35.10 Offices and Retail 2.35.10.1 The majority of office space within a development should be located above the main floor. 2.35.10.2 The maximum office size on the main floor shall be limited to 250 m2 with any additional space to be located above the main floor. 2.35.10.3 Visitor Oriented Retail Stores Where an application is made for visitor oriented retail use, the applicant must demonstrate to the development authority’s satisfaction that the proposed business is visitor oriented. Examples of visitor oriented retail include tour sales and bookings, and recreational equipment rentals.
2.35.11 Parking, Loading, Storage, Waste and Recycling 2.35.11.1 All parking and loading areas not incorporated into the building or a parking structure shall be visually screened with fencing or landscaping so as to screen it from view from the street to the satisfaction of the development authority. 2.35.11.2 Except for dwelling units and tourist homes, the development authority may allow a portion of the parking required by a development to be provided in an off-site location within the BVT-C, BVT-G, or BVT-T districts. 2.35.11.3 For Visitor Accommodation uses, up to 30% of the required parking can be dedicated bus parking provided that adequate bus maneuvering space is incorporated into the site design. One bus parking stall shall be equivalent to 15 car parking stalls for the purpose of calculating total required parking. 2.35.11.4 For Visitor Accommodation uses, on-site surface parking must be provided for anticipated over-sized vehicles or vehicle powered by propane. 2.35.11.5 Solid waste containers, grease containers, recycling containers, and waste material shall be stored either inside a principal building or, at the discretion of the development authority, in a weatherproof and animal-proof enclosure. Enclosures shall be designed and located to be visually integrated with the site. 2.35.11.6 All outdoor storage is prohibited.
2.35.12 Wellhead Protection Portions of the BVT-G District are within the Town of Canmore Wellhead Protection area. Notwithstanding the regulations and the permitted and discretionary uses of this district developments located within the Wellhead Protection Area shall conform to the regulations and use prohibitions described in section 5.2.0.
2.35.13 Special Variance Considerations Notwithstanding the variance regulations set out is 1.14, the following variances may also be considered within this district: 2.35.13.1 Where the development authority is satisfied that the architectural integrity of a building would be enhanced, variances may be granted to allow 20% of the building to exceed the maximum height by up to 20%. No height variances should be granted beyond the 20% relaxation.
August 18, 2014 Regular Council Meeting 5 p.m. Page 48 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 29 of 33
2.35.13.2 Building Massing The required eave line height of a proposed development may be raised to 9.0 m where the development authority is satisfied that the intent of the "Massing and Scale Guidelines" in the Community Architectural and Urban Design Standards, Section 9 are still met. 2.35.13.3 The development authority may vary 2.35.7.1 to allow greater than 50% of the GFA of a development to be dwelling units or tourist homes where dwelling units are designed into the attic space under pitched roofs.
2.35.14 Sustainability Screening Report A Sustainability Screening Report is required by the Town as part of the Development Permit application process for developments with a GFA of 500.0m2 or more in accordance with Section 1, Administration, and the Town of Canmore Sustainability Screening Process.
August 18, 2014 Regular Council Meeting 5 p.m. Page 49 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 30 of 33
2.42 VIC - Visitor Information Center District
2.42.1 Purpose To provide a gateway for visitors to both Canmore and Alberta, the first experience of Canmore for eastbound travelers, and trailhead amenities for the Legacy Trail and users of the Town’s trail system.
2.42.2 Permitted Uses Campgrounds Employee Housing Hostels Parks and Playgrounds Public and Quasi-Public Buildings and Uses
2.42.3 Discretionary Uses Accessory Developments Convention Facilities Eating Establishments Parking Area Parking Structure Public Transportation Terminal Retail Stores (Visitor Oriented ≤300.0m2 GFA) Taxi Stands
2.42.4 Regulations 2.42.4.1 The minimum site area shall be 10,000m2. 2.42.4.2 Yard Setbacks a) Front Yard (Bow Valley Trail): 3.0m b) Rear Yard (Adjacent to the Trans-Canada Highway): 15.0m c) All other yards: 3.0m 2.42.4.3 The maximum building height is 11.0m. The maximum eave line or cornice line height is 6.0m. Floor area above the eave line shall be incorporated into the roof structure and step back from the front building face for a minimum of 70% of the elevation. NOTE: The setbacks and other regulations described in this district are minimum requirements. Depending on the location of a proposed development (e.g. a corner lot, a site adjacent to a waterbody or a location within the Wellhead Protection Area) other regulations in the Land Use Bylaw – for example Section 4.1, Setback Regulations - may increase or otherwise vary these requirements
2.42.5 Design Regulations 2.42.5.1 Design of site and buildings shall complement the mountain community of Canmore and must conform to the Landscaping (Section 9.2.1.3), and Materials and Colours (Section 9.2.2.7) sections of the Community Architectural and Urban Design Standards.
August 18, 2014 Regular Council Meeting 5 p.m. Page 50 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 31 of 33
2.42.6 Retail 2.42.6.1 Visitor Oriented Retail Stores Where an application is made for visitor oriented retail use, the applicant must demonstrate to the development authority’s satisfaction that the proposed business is visitor oriented. Examples of visitor oriented retail include tour sales and bookings, and recreational equipment rentals.
2.42.7 Parking, Loading, Storage Waste and Recycling 2.42.67.1 All parking and loading areas not incorporated into the building or a parking structure shall be visually screened with fencing or landscaping in a manner that would screen it from adjacent roads to the satisfaction of the Development Authority. 2.42.67.2 Parking shall not be permitted within the yard setback along Bow Valley Trail Bow. Where parking is provided in along the Bow Valley Trail side of development, the Bow Valley Trail yard setback shall be landscaped in accordance with the landscaping standards set in section 9.2.1.3. 2.42.67.3 Solid waste containers, grease containers, recycling containers, and waste material shall be stored either inside a principal building or, at the discretion of the development authority, in a weatherproof and animal-proof enclosure. Enclosures shall be designed and located to be visually integrated with the site. 2.42.67.4 Outdoor storage may be permitted by the Development Authority where: a) The outdoor storage is accessory to an approved use; and b) The outdoor storage is visually screened from Bow valley Trail and the Trans-Canada Highway in accordance with section 9.2.3.1.8 to the satisfaction of the Development Authority.
2.42.78 Sustainability Screening Report A Sustainability Screening Report is required by the Town as part of the Development Permit application process for developments with a GFA of 500.0m2 or more in accordance with Section 1, Administration, and the Town of Canmore Sustainability Screening Process.
August 18, 2014 Regular Council Meeting 5 p.m. Page 51 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 32 of 33
2.53 SB - Southern Business District
2.53.1 Purpose To be a gateway to the community and provide for a range of light manufacturing and other light industrial uses. As a community gateway, development shall be sensitive to reflect the gateway status of the district and be aesthetically pleasing when viewed from Bow Valley Trail. Intensive/heavy industrial uses are not appropriate in this district.
2.53.2 Permitted Uses Art and Crafts Studios Construction Trade Shops Laboratories Laundromats Light Manufacturing Operations Parks Parking Areas Public and Quasi Public Buildings and Uses Public Transportation Terminal Veterinary Clinics
2.53.3 Discretionary Uses Accessory retail uses to any permitted or discretionary use (≤200m2 GFA) Athletic and Recreation Facilities Automotive Parts Sales Automotive and equipment repair shops Automotive Sales and rentals Commercial Schools Eating Establishments Essential Public Services Funeral Homes Gas Bars Industrial Operation Kennels Offices Outdoor Storage Outdoor Vehicle Storage Rapid Drive-through Vehicle Services Service Stations
2.53.4 Regulations 2.53.4.1 Minimum Parcel Size 1000.0m2 2.53.4.2 Front Yard Setback: 4.5m 2.53.4.3 All Other Yards: a) Adjacent to the Trans-Canada Highway: 15.0m
August 18, 2014 Regular Council Meeting 5 p.m. Page 52 of 104 Bylaw 2014-07 Bow Valley Trail land use districts Page 33 of 33
b) Where adjacent to a roadway: 3.0m c) All other yards: 0m 2.53.4.4 Maximum building height shall be 11.0m with a maximum eave line height of 8.0m 2.53.4.5 All developments adjacent to the Trans-Canada Highway must be visually screened with landscaping. 2.53.4.6 For developments fronting on Bow Valley Trail, parking spaces are not permitted between the building(s) and Bow Valley Trail. 2.53.4.7 Frontage roads between the building(s) and Bow Valley Trail are discouraged; these may only be permitted at the discretion of the Development Authority. 2.53.5.8 Outdoor storage shall only be permitted where, in the opinion of the development authority, the storage area would not be visible from the Bow Valley Trail or the Trans- Canada Highway. Landscaping and other screening techniques may be considered by the development authority when considering an application for outdoor storage. 2.53.5.9 Notwithstanding 2.53.4.6, where a development is approved for automotive sales, display of vehicles in the front yard may be permitted. In these instances the majority of vehicles should be in the rear or side yard.
2.53.5 Special Regulations 2.53.5.1 The minimum first floor ceiling height should be ≥5.0m to allow for flexible space appropriate for light manufacturing and industrial uses. 2.53.5.2 Areas approved for outdoor storage must be paved and include adequate drainage facilities to the satisfaction of the development authority. 2.53.5.3 Design of site and buildings shall complement the mountain community of Canmore and must conform to the Landscaping (Section 9.2.1.3), and Materials and Colours (Section 9.2.2.7) sections of the Community Architectural and Urban Design Standards. For reference, section 6.4.5.1 of the Bow Valley Trail Area Redevelopment Plan provides examples of appropriate and inappropriate building designs.
2.53.6 Primacy of Light Manufacturing The ground floor of developments in this district are intended for light manufacturing and other uses that due to heavy equipment do not function well above the ground floor. Offices and eating establishments should generally be located above the ground floor. Such uses will only be considered on the ground floor by the development authority where either building or site limitations results in a particular space that is not appropriate for light manufacturing or similar activities.
2.53.7 Sustainability Screening Report A Sustainability Screening Report is required by the Town as part of the Development Permit application process for developments with a GFA of 500.0m2 or more in accordance with Section 1, Administration, and the Town of Canmore Sustainability Screening Process.
August 18, 2014 Regular Council Meeting 5 p.m. Page 53 of 104 Request for Decision
DATE OF MEETING: August 19, 2014 Agenda #: G-2
TO: Council
SUBJECT: Bylaw 2014-04 Land Use Bylaw (LUB) amendment
SUBMITTED BY: Tracy Woitenko, Development Planner
RECOMMENDATION: That Council give second and third reading to Bylaw 2014-04 as amended, as presented.
EXECUTIVE SUMMARY The Town’s Land Use Bylaw 22-2010 was approved in January of 2012. Since its approval, a number of minor issues have arisen that require clarification within the bylaw. This omnibus amendment to the Land Use Bylaw is intended to rectify these issues.
PREVIOUS COUNCIL DIRECTION OR POLICY Council approved the Land Use Bylaw 22-2010 on January 3rd, 2012. Council provided first reading to Bylaw 2014-04 on June 3rd. 2014.
DISCUSSION The purpose of this proposed bylaw amendment is to address issues since the adoption of the LUB in 2012. This includes amendments to clarify ambiguities, ensure consistency, streamline processes, and ensure Canmore’s practices are consistent with the Municipal Government Act.
Two comments were received at the public hearing. The first comment was to remove the requirement for a Notice of Application (white notice to be posted on site as a requirement prior to a decision being made) for seasonal and temporary businesses. Administration noted that the changes for this had been proposed prior to the public hearing and is included as a recommendation. The second comment was regarding a minor change to subsection 1.9.0.2 for providing a refusal as a written notice. Administration is not opposed to this amendment; however it is addressed later in subsection 1.9.3.4 under Notice of Decision and therefore is considered a redundant addition.
Amendments that have been made to the bylaw since first readingare shown in redline. In addition to minor corrections, the changes include clarification that Single Family Detached Plus Dwellings should be allowed only on lots with access from both a street and a lane in the R1 District, to be consistent with other suite options.
ALTERNATIVES ANALYSIS Council could suggest further changes to the proposed bylaw amendment. Substantive amendments may require that another public hearing be held.
August 18, 2014 Regular Council Meeting 5 p.m. Page 54 of 104 Bylaw 2014-04 Land Use Bylaw amendment Page 2 of 2
FINANCIAL IMPACTS There are no anticipated financial impacts resulting from this bylaw.
STAKEHOLDER ENGAGEMENT A public hearing was held on June 24, 2014 as required pursuant to s.692(1) of the Municipal Government Act.
STRATEGIC ALIGNMENT Goal 5: The Town of Canmore delivers effective and fiscally responsible services while valuing innovation.
This bylaw seeks to clarify a number of questions that have arisen since the adoption of the Land Use Bylaw 22-2010 and resolve some ambiguities or inconsistencies that exist in the bylaw. In addition new information has resulted in a need to modify or add to some regulations in the Land Use Bylaw.
ATTACHMENTS 1) Redline version of Bylaw 2014-04 (showing proposed changes since first reading)
AUTHORIZATION
Submitted by: Tracy Woitenko, RPP, MCIP Development Planner Date: August 1, 2014
Approved by: Alaric Fish, MSc., RPP, MCIP Manager of Planning and Development Date August 6, 2014
Approved by: Gary Buxton General Manager of Community Infrastructure Date: August 6, 2014
Approved by: Lisa de Soto, P.Eng. Chief Administrative Officer Date: August 11, 2014
August 18, 2014 Regular Council Meeting 5 p.m. Page 55 of 104
Attachment 1
BYLAW 2014-04
A BYLAW OF THE TOWN OF CANMORE, IN THE PROVINCE OF ALBERTA, TO AMEND LAND USE BYLAW 22-2010
The Council of the Town of Canmore, in the Province of Alberta, duly assembled, enacts as follows:
1: TITLE 1.1. This bylaw shall be known as the “2014-04 Omnibus Land Use Bylaw Amendment”
2: INTERPRETATION 2.1. Where a bylaw references a Town staff position, department or committee, the reference is deemed to be to the current name that the staff position, department or committee is known by. 2.2. This bylaw is an amendment to the Land Use Bylaw 22-2010, all changes stated under section 3 of this bylaw shall be deemed to be changes to the Land Use Bylaw 22-2010.
3: PROVISIONS 3.1. Section 1 is replaced with Section 1 as shown in Schedule A.
3.2. Section 1.9.1.2 be amended to read: Notwithstanding the notification requirements described in subsection 1.9.1.1, the posting of notices shall not be required by the Development Authority for development permit applications for signs, for the renewal of Home Occupations Class 2, the renewal of Bed and Breakfast permits, or for Seasonal and Temporary Businesses.
3.1.3.3. Section 2.1.4.10 of the Land Use Bylaw be replaced with the following: 2.1.4.10 Maximum Floor Area Notwithstanding that the 40% maximum site coverage and the maximum building heights described for this district could allow for the construction of a larger single family-detached dwelling, in order to retain the scale and character of existing residential neighbourhoods within the area shown in Schedule "A" to this District, no residential building shall exceed: a. 325m2 for lots smaller than 930m2 b. 0.35 FAR for lots greater than or equal to 930m2 For the purpose of this regulation only, habitable space in basement areas with a ceiling less than 1.2m above grade are excluded from the calculation of as defined in section 16.
3.2.3.4. “Single Family Detached Plus Dwelling on lots with access from both a street and a lane” be added to section 2.1.3.
3.3.3.5. Car wash and Intensive Agricultural Pursuit be added to sections 2.32.3 and 2.33.3
3.4.3.6. Replace 2.10.6.4 with:
Bylaw approved by: ______August 18, 2014 Regular Council Meeting 5 p.m. Page 56 of 104 Town of Canmore Bylaw 2014-04
2.10.6.4 Development shall be consistent with Section 9, Community Architectural and Urban Design Standards.
3.5.3.7. Replace 2.11.6.4 with: 2.11.6.4 Development shall be consistent with Section 9, Community Architectural and Urban Design Standards.
3.6.3.8. Replace 2.12.6.4 with: 2.12.6.4 Development shall be consistent with Section 9, Community Architectural and Urban Design Standards.
3.7.3.9. Replace 2.13.6 with: 2.13.6 Design Requirements The design of Townhouses and Stacked Townhouses shall take into consideration the mass and character of existing residential buildings on adjacent land.
Development shall be consistent with Section 9, Community Architectural and Urban Design Standards.
3.8.3.10. Replace 2.14.6 with: 2.14.6 Development shall be consistent with Section 9, Community Architectural and Urban Design Standards.
3.9.3.11. Remove Section 2.16.6.3.
3.10.3.12. Remove Accessory Developments from the permitted and discretionary uses in all land use districts in section 2 and replace section 4.11 with section 4.11 as shown in Schedule C.
3.11.3.13. Section 2.40.3 be amended such that the line “Uses existing on a specific site prior to 3rd reading of bylaw 09-99” be amended to Section 2.40.3 be amended to be “Existing developments on a specific site prior to 3rd reading of Bylaw 09-99”.
3.12.3.14. Section 3.17.9 is replaced with the Schedule B of this bylaw.
3.13.3.15. Replace section 4.2.2.2 with the following: 4.2.2.2 Alternate grade point selection in high groundwater, flood fringe, and overland flood areas a) Where fill is required to meet the 1:100 year groundwater level, the height shall be measured from the 1:100 groundwater level. If such a grade point does not result in positive drainage toward the adjacent street the grade point may be further adjusted to allow for such drainage. b) Where developments are elevated to conform to the flood elevations described in section 12.0 grade points shall be determined as the minimum flood elevations.
3.14.3.16. Amend the table in Section 4.3.1 to remove the parking requirement listed for All Other Athletic & Recreation Facilities and replace it with the following:
Bylaw approved by: ______Page 2 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 57 of 104 Town of Canmore Bylaw 2014-04
For all other athletic and recreation facilities parking requirements shall be determined by the development authority and shall be based on the usage patterns of the particular facility.
3.15.3.17. Amend 4.6.1.1 to be: 4.6.1.1 The resident owner shall submit and sign a statutory declaration stating that he/she is the principal resident of one of the approved units on the property and occupancy of this unit by the owner shall be a condition of a development permit. Should the use of a garden suite result in negative impacts on adjacent properties due to noise, off-site parking or other nuisance issues, an Order may be issued or the permit for the suite revoked.
3.16.3.18. Amend Section 4.6.2.1 to be: 4.6.2.1 Maximum Height of Building. Where the garden suite is proposed to have a second level A garden suite it shall have the appearance of a one and one-half storey building with the floor of the half-storey being not more than 3.0m above grade. a. Where the slope of all portions of the roof of a garden suite is 6:12 or steeper, the maximum height of the suite shall be 6.5m b. Where the slope of any portion of the roof is less than 6:12, the maximum height shall be 5.5m c. Notwithstanding these maximum heights, the height of a garden suite shall not exceed the height of the principal dwelling on the site
3.19. Replace section 4.11 with section 4.11 as shown in Schedule C.
3.17.3.20. Remove the second paragraph and district list from section 9 page 3, the Applicability subsection and replace with the following: The Community Architectural and Urban Design Standards shall apply to any district in which they are referenced to the extent that the district requires. For example, some districts require complete compliance with all of these standards where others require only compliance with part of the standards such as materials and colours.
3.18.3.21. Section 10.8.1. be amended to include the following: 10.8.1.17 Municipal Wayfinding Signs
3.19.3.22. The following definitions in section 10.10 be amended to read: Directional Signs: means a sign used for the sole purpose of directing an individual to a particular location within a site and shall not include corporate logos or the name of a business (e.g. Reception or Information). Directional signs must be located on the same site as the location that people are being directed to. Directory Sign: means a sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings. Directory signs must be located on the same property as the tenants listed on the sign.
3.20.3.23. The following definitions be added to Section 10.10: Municipal Wayfinding Sign: means a sign constructed by the Town of Canmore or with the Town’s permission that is part of the comprehensive municipal wayfinding program. These signs
Bylaw approved by: ______Page 3 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 58 of 104 Town of Canmore Bylaw 2014-04
may be on private or public land and may provide direction for people to other locations in the community and not necessarily on the same property as the sign is located.
3.21.3.24. Section 12 be replaced with Schedule D of this bylaw.
3.22.3.25. Section 16 be amended to include the following amended definition: bed and breakfast means an ancillary commercial use operated by the permanent resident of the dwelling and providing a maximum accommodation of 2 guest rooms to a maximum of six persons (or pillows) for periods of 14 days or less with one meal provided by the operator to the registered guests on a daily basis.
3.23.3.26. Section 16 be amended to include the following definition: multi-family residential means a building that contains three or more than dwelling units and includes townhouses, stacked townhouses and apartments. parks and playgrounds means land designated or reserved for the active or passive recreational use by the general public and includes all natural and man-made landscaping, facilities, playing fields, gardens, buildings and other structures that are consistent with the general purpose of parks. Typical uses include tot lots, picnic grounds, pedestrian pathways and trails, landscaped buffers and playgrounds. storage facility means a building or group of buildings used for internal storage of materials and goods that are not considered hazardous or toxic.
4: ENACTMENT/TRANSITION 4.1. If any clause in this bylaw is found to be invalid, it shall be severed from the remainder of the bylaw and shall not invalidate the whole bylaw.
4.2. Schedule A, Schedule B, Schedule C and Schedule D form part of this bylaw.
4.3. This bylaw comes into force on the date it is passed.
FIRST READING: June 3, 2014
PUBLIC HEARING: June 24, 2014
SECOND READING:
THIRD READING:
Approved on behalf of the Town of Canmore:
John Borrowman Date Mayor
Cheryl Hyde Date Municipal Clerk
Bylaw approved by: ______Page 4 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 59 of 104 Town of Canmore Bylaw 2014-04
Bylaw 2014-04 – Schedule A Section 1 Administration 1.1 Title 1.2 Purpose 1.3 Application 1.4 Rules of Interpretation 1.5 Portions found Invalid 1.6 Development Permits Required 1.7 Development Permits not Required 1.8 Development Permit Application Requirements 1.9 Processing of Development Applications 1.10 Conditions attached to a Development Permit 1.11 Appeals 1.12 Commencement and Completion of Development 1.13 Development Authority – Duties & Responsibilities 1.14 Variance Powers of Development Authority 1.15 Similar Use 1.16 Bylaw Amendments 1.17 Non-conforming Buildings and Uses 1.18 Compliance with other Bylaws, Regulations and Legislation 1.19 Bylaw Contravention 1.20 Right of Entry 1.21 Offences and Penalties 1.22 Violation Tags 1.23 Violation Ticket
Bylaw approved by: ______Page 5 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 60 of 104 Town of Canmore Bylaw 2014-04
1.1 Title This Bylaw shall be referred to as the “Town of Canmore Land Use Bylaw”. 1.2 Purpose The intent of the Land Use Bylaw is to achieve the objectives and respect the values contained in the Town’s vision document, “Mining the Future,” and to build a community based on that Vision and on the Municipal Development Plan. The purpose of the Bylaw is to regulate and control the use and development of land and buildings within the Municipality to achieve fair, orderly and economic development of the community. Specifically, the Land Use Bylaw, in accordance with provisions of the Municipal Government Act, amongst other things: a. Divides the Town of Canmore into districts; b. Prescribes and regulates for each district, the range of Permitted Uses and Discretionary Uses and purpose for which land or buildings may be used; c. Prescribes and regulates for each district, the design of sites and buildings; d. Establishes the office of the Development Officer; e. Establishes a method of making decisions on applications for development permits including the issuing of Development Permits; and f. Prescribes the procedures to notify owners of land and citizens likely to be affected by the issuance of a Development Permit. 1.3 Application This Bylaw shall apply to the whole of the Town of Canmore being all lands contained within its corporate limits. 1.4 Rules of Interpretation 1.4.0.1 Unless otherwise required by the context, words used in the present tense include the future tense, words in the singular include the plural and the word person includes a corporation as well as an individual. 1.4.0.2 The Alberta Interpretation Act shall be used for the interpretation of language within the Land Use Bylaw unless specifically defined in this bylaw. 1.4.0.3 Written regulations take precedence over any diagrams, schedules or maps if there is a perceived conflict. 1.4.0.4 Maps of the Land Use Districts in Section 15 take precedence over other maps and diagrams in the Land Use Bylaw if there is an apparent discrepancy between boundaries or other information. 1.4.0.5 The words ‘shall’ or ‘must’ require mandatory compliance except where a variance has been granted pursuant to the Act or this bylaw. ‘May’ means a choice is available, with no particular direction or guidance intended.
Bylaw approved by: ______Page 6 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 61 of 104 Town of Canmore Bylaw 2014-04
1.5 Portions found Invalid In the event any portion of this Bylaw is found invalid by a Court of Law or is overturned by a superior jurisdiction, the validity of the remaining portions of the Bylaw shall not be affected. 1.6 Development Permits Required Except as provided in this Bylaw, no person shall undertake any development as defined in Section 16, Definitions, unless: a. A development permit has first been issued pursuant to this Bylaw; and b. The development is proceeded with in accordance with the terms and conditions of the development permit issued in respect of the development; or c. The development is exempted in accordance with subsection 1.7 and is otherwise in conformance with this Bylaw. 1.7 Development Permits not Required A development permit is not required in respect of the following developments but those developments shall otherwise comply with all provisions of the relevant Land Use District, all regulations in Section 4, General Regulations, and any other provisions of this Land Use Bylaw and must be carried out or performed in accordance with all other applicable legislation, regulations and bylaws. 1.7.0.1 Works of maintenance, renovation, or repair on a structure, either internally or externally, if, in the opinion of the Development Officer, such work is consistent with any development permits issued for the site, and does not include: a. structural alterations; b. changes to the use or intensity of the use of the structure; and c. for multi-family residential buildings and buildings within commercial Land Use Districts, does not, in the opinion of the development authority, substantially change the exterior appearance of the building. 1.7.0.2 The completion of a building which was lawfully under construction at the date this Bylaw comes into full force and effect, provided that: a. the building is completed in accordance with the terms of any permit granted by the Municipality, subject to the conditions of that permit; and b. the building, whether or not a permit was granted in respect of it, is completed within a period of twelve (12) months from the date this Bylaw comes into full force and effect. 1.7.0.3 The use of any building referred to in Subsection 1.7.0.2 for the purpose for which construction was commenced. 1.7.0.4 The erection or installation of machinery needed in connection with construction of a building for which a development permit has been issued, for the period of construction. 1.7.0.5 The construction and maintenance of a public utility placed in or upon a public thoroughfare or public utility easement provided any required authorizations have been obtained.
Bylaw approved by: ______Page 7 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 62 of 104 Town of Canmore Bylaw 2014-04
1.7.0.6 The erection, construction, or the maintenance of pedestrian gates, fences, walls, or other means of enclosure less than 1.8m in height in residential districts and 2.0m in height in industrial districts provided that the erection of such fence, wall, or pedestrian gate conforms to Section 4, General Regulations and does not contravene any other provision of this Bylaw. 1.7.0.7 The installation and operation of a satellite dish antenna 1.0m or less in diameter and the installation of tower antenna no more than 1.0m higher than the maximum height of the principal building on site. 1.7.0.8 The installation of solar collectors or other energy collecting and storage devices, including geothermal or other subsurface works in conformance with the grading requirements of Section 4, General Regulations, that do not generate noise and are either: a. attached to a principle or accessory building and the top of the collectors do not extend above the peak of the roof ; are not more than 1.5m from a roof at any point; and the finishing colours on the device fit into the range of appropriate roof colours described in Section 9, Community Architectural and Urban Design Standards, or; b. as freestanding structures provided that: the structure meets the height and setback requirements for accessory buildings within the district; the footprint of the structure, including all solar panels or other attachments, does not exceed 6.0m2, and; that the finishing colours on the device fit into the range of appropriate roof colours described in Section 9, Community Architectural and Urban Design Standards. 1.7.0.9 The use by the Municipality of land of which the Municipality is the legal or equitable owner in connection with any municipal project and may without restricting the generality of the foregoing, include buildings, roads, traffic management projects, interchanges, vehicular and pedestrian bridges, water, gas, telephone and power installations, substations and pumping stations, water reservoirs, storm and sanitary sewer including treatment or related facilities, street furniture, street lighting, public recreational facilities, or similar facilities, works depots, parks, playgrounds, landscaping and streetscape improvement projects. 1.7.0.10 The construction, maintenance and repair of private walkways, pathways, landscaping and similar works, provided the construction conforms to the drainage, grading and other provisions of Section 4, General Regulations. Driveways are not excluded from requiring a Development Permit unless they are approved by the Town of Canmore as part of a valid Building Permit. 1.7.0.11 Removal of soil from a site or stockpiling of soil on a site when a development permit has been issued or when a Development Agreement has been duly executed for that site and said permit or agreement allows for or requires such activity. 1.7.0.12 The digging of test holes requiring less than 6.0m2 in surface area for exploration purposes. 1.7.0.13 The erection of a retaining wall that is no more than 0.6m in height measured from the lowest ground elevation adjacent to the wall provided the retaining wall and adjacent slopes conform to Section 4, General Regulations. 1.7.0.14 A logging operation where the requirements of Section 4, General Regulations, have been met as a condition of subdivision approval or as part of conditions for a development permit and the appropriate fee from the development permit fee schedule has been paid. 1.7.0.15 The construction of an accessory building located in a residential district provided the exterior surface of such an accessory building is completed in accordance with an approved Building Permit within one year of the issuance of the permit. NOTE: For the purposes of this section objects such as
Bylaw approved by: ______Page 8 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 63 of 104 Town of Canmore Bylaw 2014-04
shipping containers are not considered “buildings” and are therefore subject to Section 4, General Regulations of the Land Use Bylaw. 1.7.0.16 Excepting development in the TPT-CR District, the construction of, external addition to, or demolition of a single family-detached dwelling, single-family manufactured home, duplex dwelling, or single-detached plus dwelling where: a. the total gross floor area of the structure or structures constituting the development is less than 500.0m2; and b. the use is a Permitted Use or where the application is for an external renovation or addition for approved Discretionary Use; and c. the construction complies with all provisions of the Land Use Bylaw; and d. the exterior details of such dwelling units are completed in accordance with approved Building Permit plans within one year of the completion of the foundations; and e. where there are no off-site levies, local improvement levies, or municipal fees owing against the land, or where the present owner has entered into an agreement with the Town for the payment of such levies or fees.. 1.7.0.17 A change of use or interior renovations within an existing commercial or industrial building where the following requirements are met to the satisfaction of the Development Officer: a. the total gross floor area of the structure or structures constituting the development is less than 500m2; and b. the requirements of the development permit for the building have been fulfilled; and c. the change of use is from a Permitted or Discretionary Use to a Permitted Use in the district designation applicable to the site; and d. the change is to a use that has required parking facilities no greater than that of the use it is replacing; or e. the change is to a use that has required parking facilities greater than that of the use it is replacing and the additional parking is provided on site or has been previously provided as cash in lieu of parking; and f. a Certificate of Conformance has been applied for and received from the Development Authority that certifies that the proposed change of use conforms to the above clauses. 1.8 Development Permit Application Requirements
1.8.1 Incomplete Applications When, in the opinion of the Development Officer, insufficient or inadequate information has been provided as part of an application for a development permit the Development Officer may return the application to the applicant stating the reasons for the inadequacy in writing. For the purpose of determining the start of a statutory decision-making period an application shall not be deemed to be complete until the information and reports required as part of an application have been filed and accepted by the Development Authority.
Bylaw approved by: ______Page 9 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 64 of 104 Town of Canmore Bylaw 2014-04
1.8.2 General Requirements 1.8.2.1 An application for a development permit shall be made to the Development Officer using the prescribed form, signed by the owner or their agent and accompanied by: a. a letter of authorization when an application is made by any person other than the registered land owner b. a surveyed plot plan prepared by an Alberta Land Surveyor c. a certificate of title and any caveats or restrictive covenants d. a fee in accordance with a fee schedule established by Council e. dimensioned drawings, showing all exterior elevations, detailed descriptions of exterior finishing materials, a roof plan, and floor plans for each floor, including basement areas, where required by the Development Authority to determine maximum or minimum dimensions f. Green Building evaluation form g. a grade slip in conformance with an approved grading plan h. photographs showing the site in its existing state i. photographs, slides, renderings or streetscape drawings which show, to the satisfaction of the Development Officer, the form, massing, finishing material and character of the proposed development in relation to neighbouring buildings j. a written declaration by the applicant that all of the information provided is true and accurate k. samples of exterior finishing materials on request l. for signs, a coloured rendering of the proposed sign dimensioned and drawn to scale; drawings showing the location of the sign on the building and site and the location of any existing signs on the building or site (for additional details, see Section 10, Signage Standards and Regulations); and, m. Site Plans: At least two (2) copies (more copies are required if the proposed development is to be referred to the Canmore Planning Commission and/or to other agencies) of dimensioned site plans, drawn to metric scale 1:100, or such greater or lesser scale as may be required by the Development Officer, showing: i. north arrow, scale of plan, legal description, municipal address ii. required property line setbacks (front, rear, side, water bodies, etc.), sidewalks and curbs dimensioned from building(s) and property lines iii. site topography and any special conditions (wetlands, shallow bedrock, etc.) iv. location and size of existing buildings, structures and utility poles v. location of proposed development including lighting, landscaping and signage vi. landscaping plans including: retaining walls detailed with elevations – top and bottom of wall at each end; existing and proposed trees and shrubs and other types, sizes, number and location of plant material proposed; other physical features, both existing and proposed, on the site and adjoining boulevards; existing topography with the vegetation that is to be retained and the vegetation to be removed clearly identified, and; the location and materials for any proposed hard landscaping, pedestrian circulation and open space areas. Landscaping plans may be required to be certified by a Landscape Architect.
Bylaw approved by: ______Page 10 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 65 of 104 Town of Canmore Bylaw 2014-04
vii. existing and proposed parking areas, including parking for bicycles; provisions for loading facilities; entrances and exits; abutting streets; sidewalks and curbs; and avenues viii. easements and rights of way ix. adjacent buildings on adjoining sites, indicating building height, yards and the use of the buildings x. grading plans showing existing grades with spot elevations not more than 10.0m apart to illustrate topography; cross sections to show the existing grade of the site in relation to proposed grades; stormwater drainage; retaining walls detailed with elevations – top and bottom of wall at each end; proposed grades for the site; grade of adjacent sites and streets; and, a cross-sectional outline of the proposed buildings on the site and existing buildings on adjacent properties xi. 1:100 ground water elevation and the location of any floodway or flood fringe boundaries within the site xii. a vicinity map of properties within 100.0m of the site xiii. existing and proposed utility connections as detailed in the Engineering Design and Construction Guidelines xiv. development density and site coverage calculations n. At the discretion of the Development Officer, one or more of the above-described information requirements may be waived where such information is not required to render a decision on an application.
1.8.3 Requirements for Sustainability Screening Reports 1.8.3.1 All development permit applications, including a change of use, that include the building of a structure or structures, or the use of a building or buildings with a total gross floor area of 500.0m2 or more shall include a Sustainability Screening Report in accordance with the Town of Canmore Sustainability Screening Process. 1.8.3.2 In accordance with section 1.8.1, an application for a development permit may be deemed incomplete if a Sustainability Screening Report has not been submitted as part of the application. 1.8.3.3 The required Sustainability Screening Report will be reviewed by the Development Authority and be considered in the decision making process in accordance with the provisions of the Sustainability Screening Process.
1.8.4 Special Additional Requirements In addition to the standard requirements listed above, at the discretion of the Development Officer, the Town may require additional reports including, but not limited to, the requirements listed below. A development application may be deemed to be incomplete (in writing) by the Development Officer until such time as the reports, prepared in accordance with appropriate standards, required in this subsection have been submitted to the Development Authority. Additional reports that may be required by the Development Authority include: a. Acoustic impact assessments for sites in proximity to the Trans Canada Highway, CP Railway, Canmore heliport, or other noise generators b. Acoustic impact assessments in mixed commercial/residential buildings c. Construction and Demolition Waste Management Plan
Bylaw approved by: ______Page 11 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 66 of 104 Town of Canmore Bylaw 2014-04
d. Construction Management Plan in accordance with the Engineering Design and Construction Guidelines e. Economic impact assessments f. Employee generation data g. Employee housing requirements h. Environmental impact statement in accordance with the policies of the Town of Canmore Municipal Development Plan i. Environmental site assessments j. Wildfire risk assessment (including fire access, wildland-urban interface and FireSmart plans) k. Floodway/floodfringe impact assessments. Reports are mandatory for developments wholly or partially within the Floodway as described in Section 12 l. Geotechnical and groundwater assessments. Reports are mandatory for any development proposed wholly or partially within the Wellhead Protection Area described in Section 5, Groundwater Protection m. Historic resource impact assessments in accordance with Section 13 n. Exterior lighting plan for a site and/or buildings in accordance with the Lighting Standards in Section 4, General Regulations o. Slope stability analysis p. Social impact assessments q. Trade area market analysis r. Traffic impact assessments s. Plans showing the design and location of utility boxes t. Visual impact assessments including digital or other modeling u. an application for an excavation, stripping or grading operation shall include a plan showing the location of the operation relative to site boundaries and the depth of excavation or the quantity of topsoil to be removed, a description of the excavation, stripping or grading operation and the destination of any material that is to be removed from the site v. an application for a logging operation must be accompanied by a harvesting plan prepared in accordance with the Alberta Timber Harvest Planning and Operating Ground Rules w. Every application for development adjacent to the Trans Canada Highway or Benchlands Trail must submit, to the satisfaction of the Development Authority, a visual impact assessment which includes: i. professionally produced three dimensional simulation of the overall development from important viewpoints along the Trans Canada Highway or Benchlands Trail showing the impact of the development on the site; ii. a view analysis and discussion of the visual impacts as Trans Canada Highway motorists approach and pass a proposed development; iii. consideration of site design, building architecture, roof treatment, and landscaping as it relates to the view from the Trans Canada Highway above or level with the site;
Bylaw approved by: ______Page 12 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 67 of 104 Town of Canmore Bylaw 2014-04
iv. a demonstration of the harmony of form, materials and exterior finishing with the surrounding natural environment when viewed from the Trans Canada Highway; v. mitigation measures proposed to minimize the negative impacts of parking and massing through the application of natural landscaping, building articulation and roof treatment. vi. Wind and shadow assessments
1.9 Processing of Development Applications 1.9.0.1 The Development Authority shall approve all applications for a permitted use which conform in all respects to the provisions of this bylaw. The Development Authority may impose conditions to ensure compliance with this bylaw. 1.9.0.2 In making a decision on an application for a discretionary use or where a variance has been granted, the Development Authority may: a. approve the application; or b. approve the application subject to conditions considered appropriate or necessary; or c. refuse the application, stating reasons for the refusal. 1.9.0.3 The Development Authority shall not approve a Development Permit for a use that is not listed as a Permitted Use or a Discretionary Use in the relevant land use district unless the use is determined to be a “similar” use in accordance with section 1.15. 1.9.0.4 A development permit issued pursuant to this Bylaw is not a Building Permit and, notwithstanding that plans and specifications for buildings may have been submitted as part of an application for a Development Permit, work or construction shall neither commence nor proceed until a Building Permit has been issued pursuant to applicable bylaws and regulations.
1.9.1 Notice of Application 1.9.1.1 Prior to approving an application for a development permit which is a Discretionary Use, or for a Permitted Use requiring a variance, the Development Authority shall require the applicant to post a notice on the property in a location and format determined by the Town describing the proposed development and advising any interested parties where further information regarding the application may be obtained. Such notice shall be posted for a minimum of 10 calendar days prior to the issuance of a Notice of Decision. 1.9.1.2 Notwithstanding the notification requirements described in subsection 1.9.1.1, the posting of notices shall not be required by the Development Authority for development permit applications for signs, nor for the renewal of Home Occupations Class 2, or the renewal of Bed and Breakfast permits, or for Seasonal and Temporary Businesses. 1.9.1.3 When a development permit requiring a Sustainability Screening Report has been referred to the Canmore Planning Commission, in accordance with the provisions of the Sustainability Screening Process a notice of the meeting where the Commission is to review the Report and the Development Permit shall be advertised in a locally circulated newspaper. The Development Authority may consider any responses to such postings or notices but any comments received are not binding upon the Development Authority.
Bylaw approved by: ______Page 13 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 68 of 104 Town of Canmore Bylaw 2014-04
1.9.2 Referrals The Development Authority may refer an application to any authority, jurisdiction or party that the Authority deems appropriate or necessary. The Development Authority may consider any timely responses to such referrals, but any comments received are not binding upon the Development Authority.
1.9.3 Notice of Decision 1.9.3.1 When an application for a development permit for a permitted use with no variances is approved, the Development Authority shall issue a development permit. The development permit shall not come into effect until 14 days after the date the permit is issued. 1.9.3.2 When an application for a development permit for a discretionary use or for a permitted use in which a variance has been granted, the Development Authority shall provide a notice of decision to the applicant of the approval. The notice of decision shall be posted conspicuously for a period of not less than 14 days on the property for which the application has been made. A development permit shall not be issued prior to fourteen (14) days after the notice of decision has been issued and the notice posted. 1.9.3.3 The Development Officer shall advertise all development permit approvals in a locally circulated newspaper. 1.9.3.4 When an application for a development permit is refused, the notice of decision shall be issued to the applicant. 1.9.3.5 When an appeal is made, a development permit which has been approved shall not be issued until and unless the Subdivision and Development Appeal Board has issued a written decision in regard to the appeal. 1.9.3.6 An application for a development permit may, at the discretion of the applicant, be deemed to be refused when a decision thereon is not made within forty (40) days after the receipt of the application in its complete and final form by the Development Officer unless an agreement to extend this period in accordance with Section 684 of the MGA is in place. If no decision has been rendered and no agreement is in place to extend the decision making period the applicant may appeal in writing as provided in the Act as though he had received a decision of refusal. 1.9.3.7 When an application for a development permit has been refused pursuant to this Bylaw, or ultimately after appeal, the submission of another application for a development permit on the same parcel of land for the same or similar use by the same or any other applicant may not be accepted by the Development Officer for at least six (6) months after the date of refusal. 1.9.3.8 Except where a development permit has been approved for a limited period of time, a permit remains in effect unless the development permit is suspended or cancelled or development has not commenced in accordance with Subsection 1.12.0. 1.10 Conditions Attached to a Development Permit 1.10.0.1 The Development Authority may attach conditions to a development permit for a Permitted Use and a development permit for a Discretionary Use which may include, but not be limited to, the length of time a development permit remains in effect, entering into a Development Agreement, adherence to the Town of Canmore Engineering Design and Construction Guidelines, and the completion of reports and studies described in Subsection 1.8 of the Land Use Bylaw, including
Bylaw approved by: ______Page 14 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 69 of 104 Town of Canmore Bylaw 2014-04
conditions that require adherence to standards, commitments and other provisions set out in any Sustainability Screening Report approved by the Development Authority as part of the permit review process. 1.10.0.2 The contents of a Development Agreement may include, but are not limited to, the following: a. the construction or payment for the construction of a road required to give access to the development b. the construction or payment for the construction of a pedestrian walkway system to serve the development, and/or pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development c. the installation or payment for the installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development d. the construction, or payment for the construction, of off-street or other parking facilities, and loading and unloading facilities e. the payment of an off-site levy or redevelopment levy f. the provision of security to ensure that the terms of the agreement are carried out g. other matters that are required to ensure compliance with the provisions of this Bylaw or the Development Permit. 1.11 Appeals 1.11.0.1 Where the Development Authority: a. refuses or fails to render a decision on an application for a Development Permit; or b. approves an application for a development; or c. issues an order under this Bylaw; the person applying for the Permit or affected by the order, or any other person, as the case may be, may appeal to the Subdivision and Development Appeal Board within 14 days after the date the order or decision was posted, mailed, delivered electronically or published as applicable. 1.11.0.2 The rules and procedures governing the Subdivision and Development Appeal Board in considering an appeal are detailed in the Municipal Government Act, the Subdivision and Development Regulation, and the Subdivision and Development Appeal Board Bylaw. 1.11.0.3 When a proposed development permit application requires a Sustainability Screening Report and the Sustainability Screening Report has not been approved by the Development Authority in accordance with the Sustainability Screening Process, the Development Authority shall advise the Subdivision and Development Appeal Board that the sustainability of the proposal has not been demonstrated to the Town in accordance with the Sustainability Screening Process. 1.12 Commencement and Completion of Development 1.12.0.1 Where a development permit application has been approved, development shall commence within one (1) year of the date of approval of the Development Permit, and any construction shall be completed within two (2) years of that date, unless a longer period of construction is authorized by the Development Authority.
Bylaw approved by: ______Page 15 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 70 of 104 Town of Canmore Bylaw 2014-04
1.12.0.2 Where development has not commenced within one (1) year from the date of approval, the development permit shall cease to be valid. 1.12.0.3 Where development requires construction and a Development Completion Certificate has not been obtained within two (2) years from the date of approval, the development approval shall cease to be valid and any permit issued shall be revoked. 1.12.0.4 Notwithstanding 1.12.0.3, the period for the completion of construction may be extended at the discretion of the Development Authority. In order for an extension to be considered, a written request for such an extension must be received by the Development Officer not less than thirty (30) days prior to the scheduled expiration date. 1.12.0.5 No person shall occupy a development unless the Town has first issued an Occupancy Permit for the development. 1.12.0.6 For the purposes of this section, “completion” of development has occurred when a Development Completion Certificate has been issued by the Town. 1.13 Development Authority - Duties and Responsibilities
1.13.1 Development Officer The office of the Development Officer is hereby established and one or more employees of the Town of Canmore shall be appointed as Development Officer. A Development Officer shall: 1.13.1.1 Administer this Bylaw and decide upon all development permit applications including those for sites designated “DC” Direct Control District, unless the application is referred to Planning Commission or Council in accordance with the requirements of a DC District. 1.13.1.2 Keep and maintain for the inspection of the public during office hours, a copy of this Bylaw and all amendments thereto and ensure that copies of same are available to the public at a reasonable charge. 1.13.1.3 Make available for inspection by the public during office hours a register of all applications for development permits and the decisions made thereon. 1.13.1.4 Collect fees according to a schedule established by Resolution of Council. 1.13.1.5 Refer, at the discretion of the Development Officer, to Planning Commission or Council for its consideration and decision, development permit applications for Discretionary Uses, or development permit applications located on land designated “DC” Direct Control District, or any other development applications. 1.13.1.6 The Development Officer shall not approve any application for which a Sustainability Screening Report is required unless the Sustainability Screening Report has been approved by the Town in accordance with the Sustainability Screening Process. 1.13.1.7 Where the Development Officer makes a decision on a Sustainability Screening Report in accordance with the Sustainability Screening Process the Development Officer shall provide reasons for the approval of the Sustainability Screening Report. If a development permit is refused based in part on the inadequacy of such a Report, the Development Officer shall clearly identify the failings of the Report in writing.
Bylaw approved by: ______Page 16 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 71 of 104 Town of Canmore Bylaw 2014-04
1.13.2 Canmore Planning Commission 1.13.2.1 The Canmore Planning Commission is hereby authorized to decide upon all development permit applications referred to it by a Development Officer including development permit applications for lands designated “DC” Direct Control District where such DC District identifies the Planning Commission as the Development Authority. 1.13.2.2 The Canmore Planning Commission shall not approve any application for which a Sustainability Screening Report is required unless the Sustainability Screening Report has been approved by the Development Authority in accordance with the Sustainability Screening Process. 1.13.2.3 In accordance with the Sustainability Screening Process, as part of the decision making process for development permits, the Canmore Planning Commission shall provide reasons for the approval of a Sustainability Screening Report. If a development permit is refused based in part on the inadequacy of such a Report, Commission shall clearly identify the failings of the Report in writing. 1.14 Variance Powers of Development Authority The Development Authority (the Development Officer or the Canmore Planning Commission) may grant one or more variances to the standards and regulations of the Land Use Bylaw as part of the development permit approval process where there is deemed to be a public benefit or where site conditions constrain reasonable development as described in this section.
1.14.1 Discretion of Development Authority 1.14.1.1 Where the Development Authority deems that the variance provides a community or neighbourhood benefit and that the proposed development would not unduly interfere with the amenities of the area or materially interfere with, or affect the use, enjoyment, safety, aesthetics, or value of neighbouring properties the Development Officer may grant a variance of up to 10% and the Canmore Planning Commission a variance up to 20% where the variances are related to the following regulations: a. Maximum height of building b. Minimum front yard setback c. Minimum rear yard setback d. Minimum side yard setback e. Maximum lot coverage f. Maximum density g. Minimum densities h. Minimum parking requirements 1.14.1.2 The authority to grant variances to other regulations and guidelines contained in the Land Use Bylaw, for example, minimum roof pitch, maximum size of windows, and signage shall remain at the discretion of the Development Authority and shall not be limited by the percentages described above. 1.14.1.3 Notwithstanding 1.14.1.1, variances to accessory developments remain at the discretion of the Development Authority and shall not be limited by the percentages described above.
Bylaw approved by: ______Page 17 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 72 of 104 Town of Canmore Bylaw 2014-04
1.14.1.4 Notwithstanding 1.14.1.1 and in accordance with subsection 2.12.2, for all applications within the TPT-CR District, variances shall not be granted by the Development Officer.
1.14.2 Variances to Setbacks from Waterbodies Notwithstanding the above-described provisions, the Development Authority shall not grant any variances not approved prior to the adoption of this bylaw to setbacks from the bank of a waterbody except in accordance with subsection 4.1.3, General Regulations.
1.14.3 Additional Variances Variances in excess of the limits described in Subsection 1.14.1.1 shall only be considered and may only be granted by the Development Authority where the Development Authority is satisfied that the proposed development provides an extraordinary net benefit to the community pursuant to one or more of the following: a. Historic Resource Conservation (Section 13) b. Density Bonusing providing PAH housing (Section 8) c. Enhanced Green Construction (Section 7)
1.14.4 Site Constraints 1.14.4.1 Notwithstanding section 1.14.1.1 variances may be granted at the discretion of the Development Authority where the Development Authority is satisfied, based on a professional analysis of the site, that due to topographic, soil, geotechnical or other constraints full compliance with the standards and regulations of the Land Use Bylaw is not possible or such compliance would cause unreasonable hardship for constructing a building that occupied 60% or less of the maximum building foot print for the site as determined by maximum site coverage and minimum yard setbacks.
1.14.5 Referrals Before approving a development permit for which a variance has been applied for the Development Authority may request, or require the applicant to provide, comments from nearby residents and owners.
1.14.6 Appeals against Variances If an appeal of a development permit is submitted to the Subdivision and Development Appeal Board (SDAB) with respect to a variance approved pursuant to Subsection 1.14.3, above, then the Development Authority shall advise the SDAB that the variances have been granted on the basis of providing a net benefit to the neighbourhood and/or community. 1.15 Similar Use 1.15.0.1 The Development Authority may determine whether or not a proposed use not specifically provided for in the Bylaw with respect to any district is reasonably similar to another use that is included in the list of uses for that district. The Development Authority may approve such a similar use even if that use is not specifically listed in the Land Use District. 1.15.0.2 In considering whether such a similar use may be appropriate in a district, the following general criteria shall be applied:
Bylaw approved by: ______Page 18 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 73 of 104 Town of Canmore Bylaw 2014-04
a. the proposed use is similar in nature and impact on surrounding uses, and is compatible with the Permitted Uses listed in the Land Use District; b. the proposed use is consistent with statutory plans affecting the area, including the objectives and policies of the Municipal Development Plan; and c. the proposed use is consistent with the purpose of the district. 1.15.0.3 Where the Development Authority approves a use as a “similar use”, that use shall be deemed to be a Discretionary Use for the purpose of the application, whether or not the use it is similar to is a Permitted or a Discretionary Use. 1.16 Bylaw Amendments 1.16.0.1 The Town may initiate amendments to this Bylaw. 1.16.0.2 Any person may request an amendment to this Bylaw by applying in writing. 1.16.0.3 All applications for amendments to the Land Use Bylaw shall be made to the Town and shall be accompanied by the following: a. an application fee as prescribed by resolution of Council; b. where appropriate, a current certificate of title for the land affected or other documents satisfactory to the Town, including evidence of the applicant's interest in the said land; c. any drawings required to be submitted shall be drawn to scale and accurately dimensioned to the satisfaction of the Town; d. a statement of the purpose and reasons for the proposed amendments; and, e. a Sustainability Screening Report. 1.16.0.4 Prior to giving second reading to a proposed bylaw to amend this Bylaw, the Council shall conduct a public hearing in accordance with the Act. 1.16.0.5 Where an amendment proposes to change the land use designation of a parcel of land, the Town shall provide written notice of the proposed changes to the owner of the affected lands and to each owner of adjacent land as defined by the Municipal Government Act. 1.16.0.6 The Town may require an applicant to post a notice of the proposed amendment on the subject property. Such a notice shall be posted in a location, size and format acceptable to the Town. 1.17 Non-Conforming Buildings and Uses 1.17.0.1 In accordance with the relevant provisions of the Municipal Government Act, a non-conforming use of land or a non-conforming use of a building may be continued. However, if that non-conforming use is discontinued (or ceases to operate or occur at the location) for a period of six consecutive months or more, any future use of the land or building shall conform with the provisions of this Land Use Bylaw. 1.17.0.2 A non-conforming use of part of a building may be extended throughout the building, but the building, whether or not it is a non-conforming building, may not be enlarged or added to, and no structural alterations may be made thereto or therein.
Bylaw approved by: ______Page 19 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 74 of 104 Town of Canmore Bylaw 2014-04
1.17.0.3 A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part of the lot, and no additional buildings may be erected upon the lot while the non- conforming use continues. 1.17.0.4 A non-conforming building may continue to be used, but the building may not be enlarged, added to, rebuilt or structurally altered except: a. as may be necessary to make it a conforming building, or b. as the Development Authority considers necessary for the routine maintenance of the building, or c. if at the discretion of the Development Authority, the alterations do not substantially increase the extent of non-conformance and are within all other requirements of the Bylaw. 1.17.0.5 If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of the building above its foundation, the building may not be repaired or rebuilt except in accordance with the Land Use Bylaw. 1.17.0.6 The use of land or the use of a building is not affected by a change of ownership, tenancy or occupancy of the land or building. 1.17.0.7 No existing building, structure or lot shall be deemed to be non-conforming because of non- compliance with a metric equivalent used in this Bylaw where it conformed to the imperial measurement used in previous land use bylaws. 1.18 Compliance with other Bylaws, Regulations and Legislation 1.18.0.1 In addition to this Bylaw, an applicant is responsible for complying with any federal, provincial or municipal legislation, bylaw or plans which may apply to a proposed development. The applicant is also responsible for complying with the conditions of any easement, covenant, lease, scheme, or agreement which affects the development or subdivision. 1.18.0.2 A duly registered Conservation Easement, as described in the Alberta Land Stewardship Act, is a valid planning consideration for the Development Authority. A Development Authority may deny an application for a development permit (whether the use is a Permitted or a Discretionary Use) or attach such conditions to a development permit as are deemed appropriate by the Development Authority to enhance compliance with the easement agreement. 1.18.0.3 Although a development permit may be issued, that permit does not entitle the applicant to carry on a business. Businesses are also governed by the Town of Canmore Business Registry Bylaw and require a license under that Bylaw. In addition, a Building Permit may be required. 1.19 Bylaw Contravention 1.19.0.1 Where a Development Officer finds that a development or use of land or buildings is not in accordance with the Act or the Regulations, or a development permit or subdivision approval, or this Bylaw, the Development Officer may issue an Order in writing to: a. the registered land owner; or b. the person in possession of the land or buildings; or c. the person responsible for the contravention; or d. all or any of them to:
Bylaw approved by: ______Page 20 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 75 of 104 Town of Canmore Bylaw 2014-04
i. stop the development or use of the land or building in whole or in part as directed by the notice; or ii. demolish, remove or replace the development; or iii. take such other measures as are specified in the Order so that the development or use of the land or buildings is in accordance with the Act, the Regulations, a Development Permit, subdivision approval or this Bylaw, as the case may be, within the time specified by the order. 1.19.0.2 A person who receives an Order may appeal to the Subdivision and Development Appeal Board. 1.19.0.3 Where a person fails or refuses to comply with an Order directed to him, the Town, may, in accordance with the Act, enter upon the land or building and take such action as is necessary to carry out the order. 1.19.0.4 Where the Development Officer carries out an Order, the Town may cause the costs and expenses incurred in carrying out the order to be placed on the tax roll, and that amount shall be collected in the same manner as taxes on land. 1.19.0.5 Where reasonable written evidence has been presented to the Development Officer that a development permit has been obtained through misrepresentation, the Development Officer may suspend or cancel the development permit and shall give written notification of such suspension or cancellation to the applicant. 1.20 Right of Entry 1.20.0.1 Pursuant to the Act, an authorized person may, after providing reasonable notice and during reasonable hours, enter land or a building for the purpose of ensuring compliance with the Act and the Regulations thereunder, or this Bylaw if: a. the owner or person in possession of it gives his consent to the entry, or b. the entry is authorized by an Order of the Court of Queen's Bench and then only for the purpose of ensuring compliance with The Act and the Regulations thereunder, or this Bylaw. 1.20.0.2 For the purposes of this Bylaw, a reasonable notice shall be 48 hours and during reasonable hours shall be between the hours of 08:00 to 18:00 hours. 1.20.0.3 The Development Officer, or such other person appointed by resolution of Council, is designated as the "authorized person". 1.21 Offences and Penalties 1.21.0.1 The authority regarding offences and penalties of this Bylaw are governed by the Act. 1.21.0.2 A person who: a. contravenes or fails to comply with any provision of the Act or the Regulations; or b. contravenes or fails to comply with an order under this Bylaw; or c. contravenes or fails to comply with a development permit or subdivision approval or a condition attached thereto; or
Bylaw approved by: ______Page 21 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 76 of 104 Town of Canmore Bylaw 2014-04
d. obstructs or hinders any person in the exercise or performance of his powers or duties under the Act, the Regulations, or the Land Use Bylaw; is guilty of an offence and is liable on summary conviction to a fine. 1.21.0.3 Where a person is found guilty of an offence under this Bylaw, the Court may, in addition to any other penalty imposed, order the person to comply with the Act, the Regulations, the Land Use Bylaw, an order issued under the Act or this Bylaw or a Development Permit, subdivision approval or a condition attached to an approval, as the case may be. 1.21.0.4 Any person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and is liable upon summary conviction to a fine not less than $100.00 and not exceeding $10,000 per violation after conviction and costs, and upon failure to pay the fine and costs, to imprisonment for a period not exceeding 30 days unless such fine and costs are sooner paid. In addition, the Development Officer may suspend or revoke the development permit for the site on which the violation of this Bylaw has occurred. 1.22 Violation Tags 1.22.0.1 A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any person who the Peace Officer has reasonable and probable grounds to believe: a. is conducting a development after the expiry of a temporary development permit b. is conducting a temporary business without a development permit c. is continuing development without a development permit or contrary to the conditions of a development permit when an Order has been issued in accordance with the Act d. has developed, is operating, or is allowing to exist a dwelling unit on a site which is in excess of the number of dwelling units allowed for by the Land Use Bylaw or approved as part of a development permit e. is operating, or is allowing to be operated, a “tourist home” without a valid development permit f. has a vehicle, or is allowing the presence of a vehicle within a residential district which contravenes the regulations of Section 4, General Regulations g. is occupying a premises without an Occupancy Permit h. has contravened any provision of Section 4, General Regulations i. is conducting a "logging operation" without a development permit and without the authorization required in this Bylaw. 1.22.0.2 A Violation Tag may be issued to such person: a. either personally, or b. by mailing a copy to such person at their last known post office address. 1.22.0.3 Where contravention of this Bylaw is of a continuing nature, further Violation Tags or a Violation Ticket may be issued by a Peace Officer, provided that no more than one Violation Tag or Violation Ticket shall be issued for each calendar day that the contravention continues. 1.22.0.4 Where a Violation Tag is issued pursuant to this Bylaw, the Person or Company to whom the Violation Tag is issued may, in lieu of being prosecuted for the offense, pay to the Town of Canmore the penalty specified on the Violation Tag as follows: a. General offences related to developments conducted without development permits or contrary to the conditions of a development permit as described in “a”, “b”, and “c” of Subsection 1.22.0.1, above:
Bylaw approved by: ______Page 22 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 77 of 104 Town of Canmore Bylaw 2014-04
First offence within calendar year: Minimum penalty: $ 500.00 Second offence within calendar year: Minimum penalty: $ 1,000.00 Third and additional offences: Minimum penalty: $ 2,000.00 b. Offenses related to unpermitted dwelling units First offence within calendar year: Minimum penalty: $ 2,500.00 Second and additional offences: Minimum penalty: $ 5,000.00 c. Offenses related to unpermitted tourist homes First offence within calendar year: Minimum penalty: $ 2,500.00 Second and additional offences: Minimum penalty: $ 5,000.00 d. Offenses related to vehicles on residential properties First offence within calendar year: Specified penalty: $ 100.00 Second offence within calendar year: Specified penalty: $ 200.00 Third and additional offence: Specified penalty: $ 500.00 e. Offenses related to unauthorized occupancy of premises First offence within calendar year: Specified penalty: $ 250.00 Second offence within calendar year: Specified penalty: $ 350.00 Third and additional offence: Specified penalty: $ 500.00 f. Offenses relating to signage First offence within calendar year: Specified penalty: $ 50.00 Second offence within calendar year: Specified penalty: $ 100.00 Third & additional offence within calendar year: Specified penalty: $ 250.00 Signage Impound Fee: Specified penalty: $ 50.00 g. Offenses relating to unauthorized logging First offence within calendar year: Minimum penalty: $ 1,000.00 Second and additional offences: Minimum penalty: $ 5,000.00 1.22.0.5 Nothing in this Bylaw shall prevent a Peace Officer from issuing summons for the Mandatory Court appearance of any person or company who contravenes any provision of this Bylaw. 1.23 Violation Ticket Notwithstanding any other provision of this Bylaw, a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to the Provincial Offences Procedures Act, as amended, to any person who the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw.
Bylaw approved by: ______Page 23 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 78 of 104 Town of Canmore Bylaw 2014-04
Bylaw 2014-04 – Schedule B 3.17 Paintbrush Ridge TSMV Comprehensive Residential DC District [05(Z)2005]
3.17.1 Purpose To provide for a residential district that will accommodate a wide range of residential dwelling types. The district allows the arrangement of a variety of dwelling types in a comprehensively designed area.
3.17.2 Permitted Uses Duplex Dwellings Home Occupations – Class 1 Parks and Playgrounds Public Utilities Townhouses
3.17.3 Discretionary Uses Accessory Development Signs Parking Areas Public and Quasi-Public Buildings
3.17.4 Regulations 3.17.4.1 The minimum front yard depth shall be 2.5m. 3.17.4.2 The minimum rear yard adjacent to the ER shall be 3.0m, otherwise the minimum rear yard depth shall be 1.0m. 3.17.4.3 The minimum side yard depth shall 1.0m. 3.17.4.4 The maximum building height shall be as indicated on a site grading plan approved as part of a subdivision plan. On the development grading plan, the maximum building heights and number of storeys shall be as follows: Eaveline Maximum Height Maximum Storeys Front Elevation Rear Elevation Duplexes 6.0m 11.0m 11.5m 2 ½ Townhouses 9.0m 12.5m 14.0m 2 ½ The elevations are calculated at building face using design or existing grade, where appropriate, to roof ridge. 3.17.4.5 The maximum number of dwelling units for the overall comprehensive development area shall not exceed 24 dwelling units. 3.17.4.6 Additional units may be permitted beyond the maximum number of dwelling units provided such units meet the requirements of entry-level units. 3.17.4.7 A minimum of 40% of the comprehensive development area shall be landscaped.
Bylaw approved by: ______Page 24 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 79 of 104 Town of Canmore Bylaw 2014-04
3.17.5 Additional Requirements 3.17.5.1 The comprehensive development area shall be developed in accordance with the following, as identified in Section 3.17.9, Schedule “A”, as follows:
Unit 6: Townhouse, to a maximum of 8 units Unit 7: Townhouse, to a maximum of 8 units Unit 8: Duplex/Triplex, to a maximum of 8 units 3.17.5.2 All developments shall conform to Section 4, General Regulations. 3.17.5.3 Slope-adaptive housing design shall be utilized on sloped sites. 3.17.5.4 Townhouse Design and Landscaping. The design of Townhouses and the landscaping of sites shall be in accordance with Section 9, Community Architectural and Urban Design Standards. 3.17.5.5 Slope Stability: Where development is proposed that would exceed development otherwise permitted under the Town of Canmore Slope Development Policy (1994), a visual impact assessment shall be prepared in accordance with the Town of Canmore Slope Development Policy (1994). Based on the information provided by the applicant in accordance with the Canmore Slope Policy, Council may approve relaxation(s) to the Canmore Slope Policy for the subdivision land designated under this Bylaw.
3.17.6 Development Authority The Development Officer shall be the Development Authority for all development permit applications in this district. Development permit applications may be referred to the Canmore Planning Commission at the discretion of the Development Officer.
3.17.8 Sustainability Screening Report A Sustainability Screening Report is required by the Town as part of the Development Permit application process for developments with a GFA of 500m2 or more in accordance with Section 1, Administration, and the Town of Canmore Sustainability Screening Process.
Bylaw approved by: ______Page 25 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 80 of 104 Town of Canmore Bylaw 2014-04
3.17.9 Schedules The following schedule forms a part of this District
Bylaw approved by: ______Page 26 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 81 of 104 Town of Canmore Bylaw 2014-04
Bylaw 2014-04 – Schedule C
4.11 Accessory Developments 4.11.0.1 An accessory building shall not be used as a residence or visitor accommodation unit, except in accordance with the provisions of this bylaw. 4.11.0.2 An accessory building shall not be located in the front yard. 4.11.0.3 The maximum building height is one and one half storeys or 5.0m with a maximum height of 3.0m at any eaveline when measured from the highest existing grade adjacent to the building. 4.11.0.4 No part of an accessory building shall be located on or over an easement unless an approved written encroachment agreement is in place for the encroachment. 4.11.0.5 An accessory building shall not encroach into a side yard required for vehicular access. 4.11.0.6 An accessory building shall not be attached or physically connected in any manner to the principal building. If a building is attached in any manner to a principal building the setback requirements for that building shall be the same as for the principal building within the land use district. 4.11.0.7 All roof drainage shall be directed onto the site by eavestroughs and downspouts or other means to the satisfaction of the Development Authority. 4.11.0.8 Accessory Developments are allowed in all standard districts (non-direct control) described in section 2 in accordance with the following: In all standard residential districts: a. Accessory developments to residential uses shall be considered permitted uses b. Accessory developments to non-residential uses shall be considered discretionary uses. In all standard non-residential districts: a. Accessory developments to permitted uses shall be considered permitted uses. b. Accessory developments to discretionary uses shall be considered discretionary uses. 4.11.0.9 Accessory developments where allowed in direct control districts shall be listed explicitly within the district.
4.11.1 Additional Requirements for Accessory Developments in Residential Districts 4.11.1.1 The total maximum site coverage is 10% or a footprint of 74.0m2, whichever is less, with a maximum of 3 accessory buildings on a site. 4.11.1.2 The minimum setback from side and rear property lines shall be 1.0m. 4.11.1.3 The minimum side yard on the street side of a corner site shall be the same as that of the principal building. 4.11.1.4 Notwithstanding the above regulations, garages must maintain a 1.5m rear-yard setback when access is from a lane and a 6.0m setback when access is from a street.
4.11.2 Additional Requirements for Accessory Developments in Non-Residential Districts 4.11.2.1 An accessory building shall conform to the regulations for that district.
Bylaw approved by: ______Page 27 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 82 of 104 Town of Canmore Bylaw 2014-04
4.11.2.2 The minimum separation from side and rear property lines shall be 0.6m except no side yard is required where the building is a mutual structure erected on a common property line or the wall is constructed of materials which do not require maintenance and there is no overhang or eaves. 4.11.2.3 The minimum side yard shall be 3.0m from the property line on the street side of a corner site.
Bylaw approved by: ______Page 28 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 83 of 104 Town of Canmore Bylaw 2014-04
Bylaw 2014-04 – Schedule D Section 12: Flood Risk Area Regulations For all sites located in the floodway or flood fringe as shown in the 1994 Flood Damage Reduction Program "Flood Risk Area” for the Town of Canmore as illustrated on Schedule “A”, below, the provisions of this section and those of the Land Use District for which the site is designated shall apply. Where this section is more restrictive than the provisions of a Land Use District, the provisions of this section shall prevail.
12.1 Floodway Regulations 12.1.0.1 In the floodway only those Permitted and Discretionary uses which are listed below, and which are also listed in the Land Use District for which the site is designated, shall be allowed: a. Extensive Agricultural Pursuits b. Horticultural Nurseries c. Natural Areas d. Outdoor Athletic and Recreational Activities e. Parking Areas f. Parks and Playgrounds g. Public Utilities The following uses and development are prohibited within the floodway: a. Buildings of any type b. Outside storage 12.1.0.2 No alterations shall be made to a floodway and no structures including, but not limited to, rip-rap, berms, fences, walls, gates, patios, docks or decks shall be constructed on, in or under a floodway unless in the opinion of the Development Authority there will be no obstruction to floodwaters and no detrimental effect on the hydrological system or water quality, including the natural interface of the riparian and aquatic habitats.
12.2 Flood Fringe Regulations 12.2.0.1 Within the area designated as flood fringe the uses listed in the applicable Land Use District for which the site is designated shall continue to be allowed. 12.2.0.2 No inside or outside storage of chemicals, explosives, flammable liquids, toxic or waste materials that cannot be readily removed in the event of a flood shall be allowed. 12.2.0.3 All mechanical and electrical equipment within a building shall be located at or above the designated flood level. The minimum ground floor elevation should be above the designated flood level where possible. 12.2.0.4 Within infill areas, all buildings shall be setback a minimum of 20.0m from the edge of the Bow River or a minimum of 6.0m from the edge of the Bow River floodway, as illustrated in subsection 12.4, Schedule “A”, whichever is the greater distance.
Bylaw approved by: ______Page 29 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 84 of 104 Town of Canmore Bylaw 2014-04
12.2.0.5 If subdivisions are approved within the flood fringe within previously undeveloped areas, the first floor of all buildings located within such a subdivision shall be located at or above the 1:100 year flood level plus 0.5m freeboard. The 1:100 year flood level is as calculated in the Flood Risk Mapping Study (WER-AGRA, March 1993). The Development Authority may allow for variances on the freeboard requirement depending on site specific conditions.
12.3 Infill Developments The Development Authority may exempt "infill" developments from the provisions of this Section of the Land Use Bylaw in accordance with the provisions of the Canada-Alberta Flood Damage Reduction Program.
12.4 Overland Flood Area Regulations 12.4.0.1 For new development all electrical and mechanical systems must be 0.5m above the existing grade of the lot. The minimum ground floor elevation should be above the designated flood level where possible. 12.4.0.2 For the purposes of 12.4.0.1 existing grade shall be calculated as the average of existing elevations at the corners of the parcel.
12.5 Special Variance Regulations 12.5.0.1 Notwithstanding 12.2.0.3 where a development permit is requested to repair or renovate existing approved developments that are below the designated flood level a variance may be granted where the proposed development is to repair flood damage and it achieves the flood mitigation standards set out in the Alberta Building Code.
Bylaw approved by: ______Page 30 of 30
August 18, 2014 Regular Council Meeting 5 p.m. Page 85 of 104 Request for Decision
DATE OF MEETING: August 19, 2014 Agenda #: H-1
TO: Council
SUBJECT: Bow Valley Trail Annual Limits for the Temporary Conversion of Visitor Accommodation Units Policy
SUBMITTED BY: Patrick Sorfleet/Tracy Woitenko, Development Planners
RECOMMENDATION: That Council approve the Bow Valley Trail Annual Limits for the Temporary Conversion of Visitor Accommodation Units Policy.
EXECUTIVE SUMMARY The Bow Valley Trail ARP (Bylaw 11-2012) creates the opportunity for temporary conversion of visitor accommodation units to Employee Housing, Temporary Staff Housing, Staff Accommodation and PAH. Section 5.2.2 of the ARP requires that an annual limit be established to regulate the temporary conversion of units. Should Bylaw 07-2014, the BVT implementation bylaw which amends the Land Use Bylaw be adopted, then a limit needs to be established to be consistent with the ARP.
PREVIOUS COUNCIL DIRECTION OR POLICY Section 5.2.2 of the BVT ARP requires an annual limit for the temporary conversion of visitor accommodation units to be established prior to allowing any conversions to occur.
DISCUSSION Why a policy? The limit is proposed as a policy rather than in the BVT implementation bylaw (Land Use Bylaw) so that Council can readily alter the limit should conditions change and it becomes desirable to do so.
Why 50 units per annum? The Land Use Bylaw allows a permit to be issued for the temporary conversion of a unit for up to 3 years maximum. This proposed policy would allow 50 units to be converted per year, resulting in a maximum of 150 units at any one time. 50 units per annum comprise roughly 2.5% of the total visitor accommodation within the BVT area, and provides a starting point that allows the Town to monitor changes as this mechanism is utilized. Fewer than 50 units may not help address the current need for rental housing. More units could set the threshold too high and could have unforeseen economic impacts on local businesses as visitor accommodation units are taken out of circulation.
Administration of the Policy The Town would be required to monitor the number of temporary conversions to ensure that the annual and rolling maximums are not exceeded. Other administrative issues, such as program eligibility criteria, enforcement and taxation would be considered in a separate standard operating guideline. Administration of the program will require staff time and could be complex, but addressing current housing demand is a priority.
August 18, 2014 Regular Council Meeting 5 p.m. Page 86 of 104 Bow Valley Trail Annual Limits for the Conversion of Visitor Accommodation Units Policy Page 2 of 4
ALTERNATIVES ANALYSIS Council could set an alternate number for the limits. While 50 units is somewhat of an arbitrary number, there is a need to set the threshold high enough, but not too high. Council can, at any point in the future, alter the proposed policy limits.
FINANCIAL IMPACTS The Town would charge the relevant Development Permit Application fee to cover administrative permitting costs. The proposed policy may have financial impacts on revenues based on property assessment classification; however this is set in the Provincial assessment legislation. It is expected that the loss of revenues will be minor at 50 units per annum and is rationalized by the potential for increased opportunities for employee housing.
STAKEHOLDER ENGAGEMENT The policy that directs the proposed policy to be created was part of the BVT ARP which included a collaborative and detailed public engagement process. No specific public engagement was undertaken in the preparation of this policy.
STRATEGIC ALIGNMENT Goal 7: Canmore is a viable community for people of diverse socio-economic backgrounds.
The proposed policy enables the potential conversion of some visitor accommodation units to provide housing options for people that work in Canmore. This forms a part of our employee housing strategy.
ATTACHMENTS 1) Bow Valley Trail area annual limits for the temporary conversion of visitor accommodation units policy.
AUTHORIZATION
Submitted by: Patrick Sorfleet, RPP, MCIP/Tracy Woitenko, RPP,MCIP Development Planners Date: August 6, 2014
Approved by: Alaric Fish, MSc., MCIP Manager of Planning and Development Date: August 6, 2014
Approved by: Ric Irwin Senior Finance Officer Date: August 13, 2014
Approved by: Gary Buxton, MEDes, MCIP General Manager of Municipal Infrastructure Date: August 13, 2014
Approved by: Lisa de Soto, P.Eng. Chief Administrative Officer Date: August 13, 2014
August 18, 2014 Regular Council Meeting 5 p.m. Page 87 of 104 Bow Valley Trail Annual Limits for the Conversion of Visitor Accommodation Units Policy Page 3 of 4
Attachment 1 Bow Valley Trail: annual limit for the temporary conversion of visitor accommodation units policy
DATE APPROVED:
COUNCIL RESOLUTION:
1. POLICY STATEMENT This policy applies to all Town of Canmore development authorities in the approval process for allowing the temporary conversion of visitor accommodation units in the Bow Valley Trail area to Employee Housing, Staff Accommodation, Temporary Staff Accommodation or Perpetually Affordable Housing (PAH).
2. PURPOSE Section 5.2.2 of the Bow Valley Trail Area Redevelopment Plan Bylaw 11-2012 requires a limit to be set for the total number of visitor accommodation units that may be converted to employee housing forms or PAH in a calendar year. Conversion limits are subject to the following:
1) The maximum number of units that may be temporarily converted to PAH, employee housing, temporary staff housing or staff accommodation shall be 50 units per year with a rolling three year maximum of 150 units at any one time. The Development Authority at its sole discretion may exercise flexibility on the annual maximums where the rolling three year maximum is not exceeded. 2) The Town will monitor the number of temporary conversions per year and the rolling three year total to ensure the maximum is not exceeded. 3) The maximum number of units allowed to be converted under this policy shall be zero after December 31, 2017. Reauthorization of this policy to allow temporary conversions and to set the maximum limit shall require a new resolution by Council.
3. DEFINITIONS 1) All words are subject to the definitions contained within the Land Use Bylaw.
4. RESPONSIBILITIES 1) The development authority shall follow this policy in making decisions on development permit applications. 2) Council may from time to time as needed alter the above conversion limits.
5. VISION ALIGNMENT Goal 7: Canmore is a viable community for people of diverse socio-economic backgrounds.
6. RELATED DOCUMENTS 1) Bow Valley Trail Area Redevelopment Plan 2) Land Use Bylaw
August 18, 2014 Regular Council Meeting 5 p.m. Page 88 of 104 Bow Valley Trail Annual Limits for the Conversion of Visitor Accommodation Units Policy Page 4 of 4
AUTHORIZATION:
John Borrowman Lisa de Soto, P.Eng. Mayor Chief Administrative Officer
August 18, 2014 Regular Council Meeting 5 p.m. Page 89 of 104 Request for Decision
DATE OF MEETING: August 19, 2014 Agenda #: H-2
TO: Council
SUBJECT: Deferred Ice Rental Payment Agreement with the Canmore Eagles Hockey Team SUBMITTED BY: Jim Younker, Manager of Recreation Services
RECOMMENDATION: 1. That Council enter into a Deferred Ice Rental Payment Agreement with the Canmore Eagles Hockey Team according to the following terms and conditions. a. The Canmore Eagles Hockey Team will: i. pay for all ice and associated facility rentals on a current basis. ii. make the first payment on the outstanding debt related to deferred ice rental payments on or before September 15, 2015, and in an amount of no less than $10,000, plus accrued interest at 0.5% above the prime rate. iii. retire the total of ice rental payments deferred, $151,332, by September 1, 2024, at the latest. iv. not let total indebtedness exceed $425,000 without the expressed written permission of the Town of Canmore. v. provide the Town with annual financial statements by July 31 of each year that deferred ice rental payments remain outstanding. vi. pay all outstanding deferred ice rental payments and accrued interest immediately to the Town of Canmore, in the event that the team is sold or any of the above conditions are breached.
EXECUTIVE SUMMARY The Ice Rental Payment Deferral Agreement the Town entered into with the Canmore Eagles in 2012 expires on September 6, 2014. The Team is proposing to immediately resume payment of ice rentals on an ongoing and current basis and is asking the Town to defer commencing collection of the outstanding deferred ice rental payments, in the amount of $150,865 until September 2015, when the Team will commence annual payments of no less than $10,000, plus accrued interest. Administration recommends that the Town enter into a new agreement with the Canmore Eagles Hockey Team to allow for the accrued ice rental payment debt to be paid back over a maximum of ten years. This will allow the Team sufficient time to repay this debt and continue operating in the Town.
August 18, 2014 Regular Council Meeting 5 p.m. Page 90 of 104 Ice Rental Payment Deferral Agreement Page 2 of 6
PREVIOUS COUNCIL DIRECTION OR POLICY The Town entered into an Ice Rental Payment Deferral Agreement with the Canmore Eagles Hockey Team on September 6, 2012. This agreement expires on September 6, 2014. The substantive terms of this agreement are: deferral of ice rental payments to a maximum of $150,000 interest to be paid annually total indebtedness not to exceed $300,000
DISCUSSION The current status of the agreement is: Deferred ice rental payments outstanding at this time total $150,865. Annual interest has been paid as of September 30, 2013. The Balance sheet dated June 30, 2014, which was provided by the Canmore Eagles, reports Total Current Liabilities of $297,079. Town of Canmore, Manager of Finance, Katherine Van Keimpma disagrees with the Eagles’ treatment of Long Term Member Advances and a Loan from Minor Hockey as Equity, instead of as liabilities. If these amounts are treated as liabilities, the Eagles’ total indebtedness will increase to $416,655, contravening the existing agreement. The Town should increase the maximum debt limit to $425,000 and make it a breach of the contract for the Eagles to exceed this limit.
Canmore Eagles Balance Sheet
Jun 30, 2014 Jun 30, 2013
ASSETS Current Assets Cash and bank accounts $2,784 $825
Accounts Receivable $6,401 $7,881
Total Current Assets $9,185 $8,706 Fixed Assets
Bus $15,000 $0
Total Fixed Assets $15,000 $0 Other Assets Franchise Fee $50,000 $50,000
League Performance Bond $5,000 $5,000
Total Other Assets $55,000 $55,000
TOTAL ASSETS $79,185 $63,706
LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable $189,750 $126,437 Credit Cards $16,874 $16,047 Bank indebtedness $50,000 $50,000 Deferred Revenue $8,483 $14,418
August 18, 2014 Regular Council Meeting 5 p.m. Page 91 of 104 Ice Rental Payment Deferral Agreement Page 3 of 6
Loan from Canmore Minor Hockey $25,000 $25,000 Loan from member $6,603 $6,603
Government liabilities $369 $3,009
Total Current Liabilities $297,079 $241,515 Equity Member Loans $119,576 $102,444 Deficit ($280,253) ($267,707)
Net Income (loss) ($57,217) ($12,546)
Total Equity ($217,894) ($177,809)
TOTAL LIABILITIES & EQUITY $79,185 $63,706
The Canmore Eagles Hockey Team was founded in 1995 and has provided an opportunity for local hockey players to develop their skills and compete at a very high level without leaving home. The team is a not-for- profit organization, which entertains thousands of residents every winter at 30 home games. The team has made great strides over the past few years in integrating its players and coaches into the Canmore Minor Hockey Association, improving skill development and educating volunteer coaches. The team is also working very hard to develop off-season revenue streams from spring and summer development programs. The Municipal Sport Strategy identifies the Canmore Eagles Hockey Team as a significant sport asset.
The Team’s success on the ice in 2013-2014 helped it achieve success off the ice, posting a $57,217 operating deficit (significantly reduced from prior years), which includes $42,845 in in deferred ice payments. Although the organization isn’t completely out of the woods yet, it is able to return to paying for its ice rentals on a current basis and should be in a position by September 2015 to begin to retire the debt it has incurred with the Town related to the deferral of ice rental payments.
The Canmore Eagles have made strides over the past two years reducing their operating deficit by 50%, from $113,152 in 2011-12 to $57,217 in 2013-2014. This improvement will continue in 2014-2015 thanks to a number of initiatives. The Eagles purchased a team bus in 2014, which will reduce annual transportation costs by $25,000. A stadium liquor license is projected to increase game day beverage sales by 25%. The Team is increasing ticket prices by 15% and is confident of again hosting playoff games. The team is scheduled to host a casino in 2014-2015, a fundraiser which has traditionally contributed $45,000 to $55,000. The team will also generate over $55,000 from spring and summer hockey programs and has some new fundraising initiatives in development for the upcoming season.
August 18, 2014 Regular Council Meeting 5 p.m. Page 92 of 104 Ice Rental Payment Deferral Agreement Page 4 of 6
5 Year Revenue & Expense Projection $600,000
$500,000
$400,000
$300,000
$200,000 DOLLARS ($) $100,000
$0 2014 2015 2016 2017 2018 2019 (actual) Total Revenues $449,192 $546,278 $485,775 $499,125 $537,225 $503,325 Total Expenses $506,409 $474,960 $480,785 $479,985 $479,185 $478,285
Administration has reviewed the Team’s income statements for the last five years and their pro-forma statements for the next five years. Although the Team will have to continue to operate within very tight financial restrictions and remain dependent on gate receipts which can be fickle, the growth in off-season contributions should allow it to meet its obligations on a current basis. There is no guarantee that the team will host playoff games over the next five years and this could have significant impact on the operating results.
2015 Revenue Breakdown
2015 Revenue Breakdown
Advertising Revenues 33% League and other revenue Ticket Sales Fundraising, including 2% Casino 24% 23%
Merchandise, Hockey Operations - Programs, 50/50 and Camps, Parents, Lounge School 9% 9%
August 18, 2014 Regular Council Meeting 5 p.m. Page 93 of 104 Ice Rental Payment Deferral Agreement Page 5 of 6
2015 Expense Breakdown
2015 Expense Breakdown Fundraising Expense 1%
Administration & Away Game Costs General 14% 53%
Billet Expense 9%
Sticks, tape, uniforms & equipment Game Day Expense 8% 1% Other Hockey Ice Rental Advertising Revenue Operations Expense 8% Expense 3% 3%
ALTERNATIVES ANALYSIS 1. Do not provide for a 10 year payback of deferred ice rental costs and demand payment of the outstanding debt. a. This would force the hockey team to find additional investors and investment to retire the debt and carry on operations. Limited detrimental impact on the Town of Canmore. b. This might force the team to fold or sell the franchise to another town. The Town would lose a valuable sport asset and a minimum of $11,293 in non-prime time ice rental revenue. The Canmore Minor Hockey Program would be adversely impacted by the loss of hockey skills and coach development. 2. Negotiate other terms with the Canmore Eagles Hockey Team. This could not be completed and approved by Council prior to the September 6, 2014 expiry of the current deferral agreement, possibly leaving the Town unable to confirm the Team’s schedule with the Alberta Junior Hockey League.
FINANCIAL IMPACTS $115,420 of the total $150,865 in deferred ice rental payments has been accrued over the past three years. $35,445 was deferred at the outset of the agreement, with some charges dating back to 2011.
The Town deferred the collection of $42,845 in ice rentals between September 2013 and August 2014. $11,293 of these rentals were for day-time (non-prime time) ice, which it would be difficult for the Town to rent to an alternative user. The balance, $31,552, was for the rental of primetime ice, which the Town easily could have rented to other users.
The Eagles also rented ice for spring 3 on 3 hockey and summer hockey camps in 2014 totalling $40,923, which they have paid for. The summer ice ($25,782) would quickly be taken up by another hockey camp provider; although these camps don’t tend to enjoy the same enrollment of local youth as do the Eagles. The spring ice is much less likely to be booked. If a local organizer of springtime hockey didn’t step up to fill this void it is likely that ice would be removed from rinks from April through June, negatively impacting hockey skills development and the Canmore Skating Club’s program.
August 18, 2014 Regular Council Meeting 5 p.m. Page 94 of 104 Ice Rental Payment Deferral Agreement Page 6 of 6
In conclusion, the loss of the Canmore Eagles Hockey Team would likely result in the loss of $26,000 in incremental revenue, of which the Town can count on being paid for at least $15,000.
STAKEHOLDER ENGAGEMENT Administration has met with representatives of the Eagles Hockey Team and Canmore Minor Hockey.
STRATEGIC ALIGNMENT 1. Canmore’s services and programs respond to the social, cultural and recreational aspirations of it’s residents and visitors. 2. The Town of Canmore delivers services in an effective, innovative and fiscally responsible manner.
ATTACHMENTS Attachment 1: Canmore Eagles Proposal Attachment 2: Canmore Eagles Financial Statements
AUTHORIZATION
Submitted by: Jim Younker Manager of Recreation Services Date: July 30, 2014
Submitted by: Ric Irwin Senior Finance Officer Date: August 14, 2014
Approved by: Gary Buxton General Manager Municipal Infrastructure Date: August 6, 2014
Approved by: Lisa de Soto, P.Eng. Chief Administrative Officer Date: August 11, 2014
August 18, 2014 Regular Council Meeting 5 p.m. Page 95 of 104 Business Plan for Canmore Eagles Junior “A” Hockey Club
First off I personally, and on behalf of our organization would like to thank past and present council for the support and patience they have shown our organization the past few years. Its because of this support that we have able to move into a better financial position and have the positive perspective on our future.
Thank you!
Executive Summary
The Canmore Eagles Junior A Hockey Club (the Eagles) requests that the Town of Canmore extend the existing Ice Rental deferral agreement which will expire on September 6, 2014, to include the following terms and conditions:
- One more year of grace before beginning to repay the principal portion of the debt - The Eagles will pay the current ice bill during the 2014-15 year, so no further debt will be added - The Eagles will begin to repay the outstanding debt, as well as the interest, at a minimum of $10,000 of principal per year, starting in the 2015-16 hockey season.
Within this proposal you will see that the Eagles have steadily improved our financial performance after the damaging recession of the past 5 years. The financial reports show how the Eagles have become a financially sustainable operation and detail how we will maintain this status over the next 5 years. We are confident that we can attain these results with the solid support of the community, Canmore Minor Hockey, and the Town of Canmore. Without the town’s support the team would be forced to leave Canmore.
Benefits
The Town of Canmore’s support of our proposal will provide many benefits to members of the community. Over the past several years, the team has proven to be a valuable addition to Canmore in the following areas:
- Providing mentorship and teaching to Canmore Minor Hockey coaches and players. Our players attended countless CMHA practices, providing instruction to both players and coaches, along with mentorship and guidance. - Providing a reasonably priced form of family entertainment. During the winter months our organization hosts 30 events to entertain the local community. - Providing countless hours of volunteers for so many important community events such as: o Promoting Physical Activity in School o Lawrence Grasse Middle School Reading Program o Minor Hockey Mentorship o Canada Day Celebration and Street Fair o Canmore Minors Day o Terry Fox Run o Canmore Winter Carnival o Party on the Pond o ERS School Learn to read
August 18, 2014 Regular Council Meeting 5 p.m. Page 96 of 104 o Royal LePage Food bank drive o Game of Giving Christmas program o Christmas Hampers o Kidsport o Banff YMCA o Serving Christmas Supper to Senior’s o Various Events Designated Drivers o RCMP Drug Awareness program o Olympic torch celebration
Our Fiscal and Programming Plan
We are confident that our hard work over the past several years will pay off over the next 5 years. As indicated in our past financial history, these years were difficult during the recession that hit many businesses and organizations. However, several crucial successes occurred in this same time period. These include establishing a solid, supportive relationship with Canmore Minor Hockey, recruiting two young, elite coaches who have purchased homes and a business in Canmore and having more local players on the team than ever before. In addition, two years ago the team hired a professional sports marketing manager who is now moving into his third year and who has made our sales and marketing efforts more consistent. We have gained a better understanding of our market through these tougher times and we have learned from our mistakes.
During the 2013-14 hockey season, the Eagles experienced successes in many areas, both on and off the ice. During the year, the team managed to achieve playoff status, and was able to make it to the second round. This success, along with the number of local players on the team, allowed us to build our fan base, and reach out to many more members of the community. This in turn brought new faces into our volunteer base as well as increasing our base of corporate and personal sponsors who were keen to see the team do well.
Second, at the beginning of the team’s playoff run, a stadium liquor license was secured. This license allows adults to purchase alcoholic beverages to be enjoyed in the stands enjoying the game, rather than being confined to the upstairs community hall.
Third, during the year the team managed to secure donations to purchase a team bus. This bus will allow the Eagles to save approximately $25,000 per year in transportation. There is an added benefit to having the bus, in that when it is not in use by the Eagles team, minor hockey teams will be able to rent the bus for their away games.
Fourth, new volunteers coming on board have presented new ways of fundraising and new initiatives have been undertaken to make these events happen. One very successful event is the Town Party, which has been enthusiastically embraced by the community. Other successful fundraising initiatives include Kris Kringle Christmas tree sales, football and hockey pools, a golf tournament and the team windup. There is one additional surprise fundraiser, which has been well accepted in other hockey communities in the league, that we expect will generate approximately $15,000.
August 18, 2014 Regular Council Meeting 5 p.m. Page 97 of 104 We provide the following financial projections based on these successes, and we are confident that we will achieve the bottom line, meet our obligations on an ongoing basis and then repay our current debt.
Assumptions underlying these projections are as follows:
- Ticket prices have been increased 15% and attendance is expected to increase by approximately 8%. Success in the playoffs in one season historically breeds success in the following season. Playoff ticket sales through the second round have therefore been included. - New corporate sponsors have already come on board, there is an opportunity to sell sponsorship of the new bus, plus new initiatives to sell advertising in the game day program should increase advertising revenue by approximately 20% next year. - The new stadium license will boost beverage sales 25% - Hockey Operations expenses are expected to decrease by approximately $25,000 per year due to the purchase of the bus - The Eagles are eligible for a Casino fundraiser at some point during the 2014-15 hockey season. Historically this fundraiser has generated between $45,000 and $55,000. - Some of these initiatives will increase administrative costs, including bonuses payable to coaching staff for higher achievement in the playoffs, and an increase in credit card discounts due to higher advertising and ticket sales.
Additional Spring and Summer Business Initiative
The Eagles previously reported to council our intention to increase revenue in the office season, and we are enjoying great success in becoming a 12 month a year business. During the spring months we offer 3 on 3 hockey for both youth and adult males and females. We also offer individual skills camps for players of all ages and abilities. This past spring enrolment was roughly 125. In the summer of 2013, the Canmore Eagles hosted our first hockey school for players under the age of 18. The school was very successful, bringing in Patrick Marleau as a guest coach, and hosting 60 minor hockey players. The Eagles’ camp this year has been set up as a community program, available to local children as well as non-residents. The program purchased $30,000 in ice time from the Town and broke even on an operating basis, in its first year. The financial projections include a modest income contribution for the upcoming year, with a conservative increase in contribution each year over the next 5 years. The 2014 summer hockey school currently has 85 registered participants and will feature two Olympic gold medalist guest coaches, Patrick Marleau and Jay Bouwmeester. There is great potential for this hockey school to grow into a significant sport tourism asset.
The Eagles have also partnered with Canmore Tourism Kananaskis and Travel Alberta on a number of initiatives. Our intent is to use our Canadian pass-time and love for hockey to draw more traffic into the community. It is also our hope that with some major events, specifically the Alberta Cup, that we will be able to create a legacy fund for hockey in Canmore.
History and Structure of The Canmore Eagles Junior A Hockey Club
Mission Statement
Our objective is to provide a competitive, safe environment where elite hockey players can play at the highest level possible, while balancing their sport and studies. We are a pro development opportunity for Hockey players aged 16-20, assisting players in obtaining hockey scholarship opportunities. The
August 18, 2014 Regular Council Meeting 5 p.m. Page 98 of 104 Mission statement for the Canmore Eagles Junior A franchise is to provide the Bow Valley with a fair priced form of entertainment as well as an opportunity for kids involved in Minor Hockey to have the opportunity to play Junior A in Canmore. We intend to provide an entertaining and competitive product for the Bow Valley to enjoy for years to come.
History of the Club
The Alberta Junior Hockey League has been in existence since 1963 and currently features 16 teams playing in two divisions. The AJHL provides the opportunity for young hockey players to play Junior “A” hockey close to home in Alberta. The AJHL is one of the premiere development leagues in Canada for student-athletes striving to capitalize on their athletic and academic abilities. During the 2010-2011 season, over 300 AJHL alumni were playing hockey at various College or University teams across North America. Seventy-five former AJHL players have been selected directly into the NHL Entry draft, and 19 former AJHL players have their names on the Stanley Cup.
The Canmore Eagles are a community owned, not-for-profit hockey club that joined the Alberta Junior A Hockey League in 1995. The Eagles have won the Southern Division title on two occasions (2001-2002 & 2002-2003) and have qualified for the playoffs every year except for one (2011-2012) when the team embarked on a youth movement and finished just one point shy of qualifying for a playoff spot. The Canmore Eagles play a total of 60 regular season games in a season that stretches from early September to mid-February. The AJHL playoffs can extend the season until mid-April, with the Canadian championship tournament (the RBC Cup) slated for early May.
Charts
The following are graphical representations of the forecasted revenue and expenses.
5 Year Revenue & Expense Projection $600,000
$500,000
$400,000
$300,000
$200,000 DOLLARS ($) $100,000
$0 2014 2015 2016 2017 2018 2019 (actual) Total Revenues $449,192 $546,278 $485,775 $499,125 $537,225 $503,325 Total Expenses $506,409 $474,960 $480,785 $479,985 $479,185 $478,285
August 18, 2014 Regular Council Meeting 5 p.m. Page 99 of 104 2015 Revenue Breakdown
2015 Revenue Breakdown
Advertising Revenues 33% League and other revenue Ticket Sales Fundraising, including 2% Casino 24% 23%
Merchandise, Hockey Operations - Programs, 50/50 and Camps, Parents, Lounge School 9% 9%
2015 Expense Breakdown
2015 Expense Breakdown Fundraising Expense 1%
Administration & Away Game Costs General 14% 53%
Billet Expense 9%
Sticks, tape, uniforms & equipment Game Day Expense 8% 1% Other Hockey Ice Rental Advertising Revenue Operations Expense 8% Expense 3% 3%
Management Summary
Head Coach/GM: Andrew Milne Milne has been with the Canmore Eagles since the end of the 2007-2008 season as Head Coach/General Manager. Milne, a graduate of the University of Alberta with a Sports Management Degree, is no stranger to the Alberta Junior Hockey League. As a player, Milne won a league championship with the St. Albert Saints in the 1995-1996 season. He was also an Assistant Coach for the St. Albert/Spruce Grove Saints for three seasons. A graduate of the St. Albert Minor Hockey Program, Milne played the better
August 18, 2014 Regular Council Meeting 5 p.m. Page 100 of 104 part of three seasons in the Western Hockey League. After one season of Professional Hockey, Milne got involved in full time coaching with the Swift Current Broncos and the Kamloops Blazers of the W.H.L. Milne has also represented on the national level having won gold in the Jr.A National championship in 12-13. Milne also holds a NCCP High performance one level of coaching. Andrew, along with his wife Erin and sons Easton and Sawyer and daughter Ellery have made the Bow Valley their home, and feel extremely lucky to be part of such a world class location and a spectacular community.
Assistant GM / Assistant Coach: Jeremy Reich The Eagles are pleased to welcome former NHL player Jeremy Reich to the organization for the 2012-13 season. Reich had a 13 year professional career spanning the NHL and the AHL and spent his last season playing in Europe for the German team ERC Igolstadt. The 34-year-old native of Craik, Saskatchewan was drafted 39th overall by the Chicago Blackhawks in 1997 and was a team-mate of Milne's when they both played for the Swift Current Broncos of the Western Hockey League during the 1997-99 seasons. Reich's exceptional junior career as well as his professional experiences will be a great asset to the Eagles on the practice rink, in the dressing room, on the bench and in the community. Jeremy and his wife Marcie have made Canmore home where they are raising their two daughters Addison and Parker.
Marketing and Sales Manager – John Ross Ross joined the Eagles after a number of years spent working in sales and marketing for Lake Louise ski hill. His experience and expertise in the Valley have given John a leg up as he guides the business through the difficult past few years. John and his wife Karen reside in Canmore and are extremely proud to now be considered Canmorites.
President – Darryl Lockwood - Owner/manager of family business Lockwood Auto Body, established in 1980 - Resident of Canmore since 1973
Treasurer – Vicki Lockwood - Founder and Partner of Lockwood Doyle Professional Corporation, a public accounting firm established in 1998 - Designated under the Certified General Accounting program in 1995 - Resident of Canmore since 1979
Conclusion
We hope the Town of Canmore will continue to support the Canmore Eagles by accepting our proposal. We are confident that our hard work over the past several years will pay off over the next 5 years and that the team will become an even greater asset to the community.
August 18, 2014 Regular Council Meeting 5 p.m. Page 101 of 104 The Canmore Eagles Profit & Loss Five Year Comparison July through June 2010 - 2014
Canmore Eagles' Actual Income Statements
Jul '13 - Jun 14 Jul '12 - Jun 13 Jul '11 - Jun 12 Jul '10 - Jun 11 Jul '09 - Jun 10 Income Ticket Sales $109,272 $86,656 $76,074 $72,053 $115,245 Game Day Revenue $32,201 $37,207 $18,080 $18,607 $27,129 Hockey Operations Revenue $47,528 $65,897 $58,682 $47,717 $44,047 Fundraising Revenue $103,936 $146,591 $98,355 $153,598 $175,332 Advertising Revenue $145,985 $133,879 $141,825 $116,201 $137,639 League and other revenue $10,270 $22,583 $24,708 $16,774 $28,923 Total Income $449,192 $492,813 $417,723 $424,951 $528,315
Gross Profit $449,192 $492,813 $417,723 $424,951 $528,315
Expense Administration & General $224,953 $199,825 $194,578 $178,272 $219,303 Fundraising Expense $33,635 $25,381 $55,843 $73,456 $64,788 Hockey Operations Expense $222,898 $258,248 $236,439 $255,532 $255,080 Advertising Revenue Expense $9,181 $6,422 $10,484 $10,202 $11,384 Game Day Expense $15,741 $15,672 $33,531 $8,005 $19,429 Total Expense $506,409 $505,547 $530,875 $525,467 $569,985
Net Income (Loss) ($57,217) ($12,734) ($113,152) ($100,516) ($41,670)
August 18, 2014 Regular Council Meeting 5 p.m. Page 102 of 104 1:47 PM The Canmore Eagles 06/17/14 Accrual Basis Profit & Loss 2014 Year End Actual and 5 Year Projection Years Ended June 30
Canmore Eagles Actutal and Pro-forma Income Statements 2013-14 actual Year 1 Year 2 Year 3 Year 4 Income Ticket Sales $109,272 $133,703 $121,700 $134,800 $121,900 Merchandise, Programs, 50/50 and Lounge $32,201 $47,500 $47,500 $47,500 $47,500 Hockey Operations - Camps, Parents, School $47,528 $57,750 $59,250 $59,500 $60,500 Fundraising, including Casino $103,936 $116,750 $66,750 $66,750 $116,750 Advertising Revenues $145,985 $180,575 $180,575 $180,575 $180,575 League and other revenue $10,270 $10,000 $10,000 $10,000 $10,000
Total Income $449,192 $546,278 $485,775 $499,125 $537,225
Expense Administration & General $224,953 $250,760 $249,960 $249,160 $248,360 Fundraising Expense $33,635 $5,000 $5,000 $5,000 $5,000 Away Game Costs $82,200 $64,600 $72,725 $72,725 $72,725 Billet Expense $41,631 $44,500 $44,500 $44,500 $44,500 Sticks, tape, uniforms & equipment $41,028 $38,000 $38,000 $38,000 $38,000 Ice Rental $36,217 $40,000 $40,000 $40,000 $40,000 Other Hockey Operations Expense $21,822 $12,500 $12,500 $12,500 $12,500 Advertising Revenue Expense $9,181 $12,500 $12,500 $12,500 $12,500 Game Day Expense $15,741 $7,100 $5,600 $5,600 $5,600
Total Expense $506,409 $474,960 $480,785 $479,985 $479,185
Net Income ($57,217) $71,318 $4,990 $19,140 $58,040
August 18, 2014 Regular Council Meeting 5 p.m. Page 103 of 104 Page 1 of 2 1:47 PM The Canmore Eagles 06/17/14 Accrual Basis Profit & Loss 2014 Year End Actual and 5 Year Projection Years Ended June 30
Canmore Eagles Actutal and Pro-forma Income Statements Canmore Eagles Actutal and Pro-forma Income Statements Year 5 Income Ticket Sales $135,000 Merchandise, Programs, 50/50 and Lounge $47,500 Hockey Operations - Camps, Parents, School $63,500 Fundraising, including Casino $66,750 Advertising Revenues $180,575 League and other revenue $10,000
Total Income $503,325
Expense Administration & General $247,460 Fundraising Expense $5,000 Away Game Costs $72,725 Billet Expense $44,500 Sticks, tape, uniforms & equipment $38,000 Ice Rental $40,000 Other Hockey Operations Expense $12,500 Advertising Revenue Expense $12,500 Game Day Expense $5,600
Total Expense $478,285
Net Income $25,040
August 18, 2014 Regular Council Meeting 5 p.m. Page 104 of 104 Page 2 of 2