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File #: BL 18-007    Version: 1 Name: RECONVENE PUBLIC HEARING: Bylaw No. 2017-22 - West Point Estates (North)
Type: Bylaw Status: Carried
File created: 2/22/2018 In control: Development Services Division
On agenda: 3/13/2018 Final action: 3/13/2018
Title: RECONVENE PUBLIC HEARING - 10:00 a.m. Bylaw 2017-22: Proposed Amendment to Land Use Bylaw 2017-18 - West Point Estates (North) Redistricting From Agricultural Restricted (AGR) District to Country Residential Restricted (CRR) District - and - Adoption of the West Point Estates (North) Outline Plan Proposed Motion Upon closure of the Public Hearing: 1. That Council amend the West Point Estates (North) Outline Plan as identified in Attachment 2, including Option A (no paving deferral) in Section 6.1. 2. That Council adopt the amended West Point Estates (North) Outline Plan. 3. That Bylaw 2017-22 receive second reading. 4. That Bylaw 2017-22 receive third and final reading.
Attachments: 1. 1. Chair's Notes, 2. 2. West Point Estates (North) Outline Plan V4 TRACKED CHANGES, 3. 3. Bylaw 2017-22, 4. 4. Bylaw 2017-22 Schedule A, 5. 5. Location Map, 6. 6. Airphoto, 7. 7. Admin Report - West Point Estates (North) Outline Plan, 8. 8. Admin Report - Redistricting Bylaw No. 2017-22, 9. 9. Appendix 'A' Application Referral Comments, 10. 10. Feb13-18 Hearing - Submissions & Presentations, 11. 11. Add'n Written Submissions since Feb13-18 Hearing_Redacted, 12. Handout - Boughen, Elaine - Public Hearing
Related files: RFD 18-259, RFD 17-185, BL 17-043, BL 18-002

Title

RECONVENE PUBLIC HEARING - 10:00 a.m.

Bylaw 2017-22: Proposed Amendment to Land Use Bylaw 2017-18 - West Point Estates (North) Redistricting

From Agricultural Restricted (AGR) District to Country Residential Restricted (CRR) District

- and -

Adoption of the West Point Estates (North) Outline Plan

 

Proposed Motion

Upon closure of the Public Hearing:

1. That Council amend the West Point Estates (North) Outline Plan as identified in Attachment 2, including Option A (no paving deferral) in Section 6.1.

2. That Council adopt the amended West Point Estates (North) Outline Plan.

3. That Bylaw 2017-22 receive second reading.

4. That Bylaw 2017-22 receive third and final reading.

 

Body

Administration Recommendation(s)

Administration recommends amending the the West Point Estates (North) Outline Plan as presented in Attachment 11, including Option A (no paving deferral) in Section 6.1.

Administration supports Redistricting Bylaw 2017-22, subject to adoption of the amended Outline Plan.

 

Purpose

OUTLINE PLAN: The proposed West Point Estates (North) Outline Plan will guide future redistricting and subdivision for a country residential development within an area (NW & NE 9-52-2-W5M) of the Jackfish Lake Area Structure Plan (ASP). Policy 3.11 of the County's Municipal Development Plan (MDP) Bylaw 37-2007 (the MDP that was in adoption on the date the application was received) requires that multi-parcel residential subdivisions prepare an Outline Plan, as per the requirements of the County, in advance of redistricting applications.

 

REDISTRICTING: The West Point Estates (North) Redistricting Bylaw is to amend Schedule A (Map 7) Land Use District Map within Land Use Bylaw 2017-18 to redistrict 48.5 hectares (120 acres) of land within the north portion of NW & NE-9-52-2-W5M from the Agricultural Restricted District (AGR) to the Country Residential Restricted District (CRR).

 

Summary

Proposed Bylaw 2017-22 received first reading on January 9, 2018. The Public Hearing commenced on February 13, 2018 and was tabled to reconvene on March 13, 2018 at 10:00 a.m. A detailed summary of the two planning applications are included within the Administrative Reports per Attachments 7 and 8. Referral comments from government agencies, first nations, public utilities, and County departments are included within Attachment 9.  

 

OUTLINE PLAN: Urban Systems, on behalf of Highland Property Development Ltd., is requesting Council adoption of the West Point Estates (North) Outline Plan. The Outline Plan supports redistricting Bylaw 2017-22 and provides guidance on future subdivision and development within the Outline Plan area. Administration is recommending revisions to the Outline Plan before adoption as presented in Attachment x. The amended Outline Plan will require::

  i) Country residential restricted development at a density of 1 parcel per every 3 net developable acres;

  ii) Individual on-site cisterns (potable water) and holding tanks (pump-outs) for servicing;

  iii) Necessary regional and local transportation network improvements (Administration recommends that  paving of all off-site roadways be completed as part of Phase 1);

  iv) A minimum riparian setback of 60 metres from Jackfish lake through the combination of Environmental Reserve and Environmental Reserve Easement

  v) The implementation of an Environmental Protection Plan (EPP) and Residents Environmental Code of Conduct (RECC), including trail/viewpoint development (and associated vegetation clearing) within the lakefront Environmental Reserve and Environmental Reserve Easement areas that is more restrictive than Policy 4.5.3 within the Jackfish Lake Area Structure Plan (clearing limited to 8 meters in width);

  vi) The implementation of building envelopes for all lakeside residential lots, including setbacks from defined slopes.

  vii) That all building envelopes for lakeside lots not drain directly into Jackfish Lake; and

  viii) The dedication of open space throughout the development in the form of various land dedications, including Environmental Reserve, Municipal Reserve and Public Utility Lots for stormwater management purposes focused on tree preservation strategies.Stormwater management will be in the form of a series of constructed wetlands.

 

REDISTRICTING: . Bylaw 2017-22 (File PD-2017-016) is the redistricting of land from the AGR to the CRR District to facilitate the future subdivision of fifty-seven (57) country residential parcels ranging from one to six acres. The land development project is called 'West Point Estates' and is located along the southeastern shores of Jackfish Lake in the southwest quadrant of the intersection of Highway 770 and Township Road 522 (Division 5). The subject lands are located within the Jackfish Lake Area Structure Plan (ASP) area and therefore subject to the planning objectives and policies under Bylaw 32-97, and amendments thereto. Policy 4.7.1 of the Jackfish Lake ASP envisions the redistricting of lands within the ASP Plan area to the CRR District, subject to proving the site's development suitability. Urban Systems, on behalf of Highland Property Development Ltd., undertook the preparation of an Outline Plan and supporting technical reports to review the site's development suitability in accordance with various County policies. The West Point Estates (North) Outline Plan, separate application PD-2017-015, will require approval of Council prior to final adoption of redistricting Bylaw 2017-22. If Council does not approve the separate Outline Plan application, Administration does not support this redistricting application.

 

PUBLIC CONSULTATION/NOTIFICATION:

Prior to submission of the planning applications to the County, the Applicant held two open houses regarding the Outline Plan and separate redistricting application on July 20, 2016 and August 10, 2016 in accordance with Public Engagement Policy C-AD051. A detailed summary of the engagements and comments received are provided within Section 4.2.5 of the Outline Plan. Upon receipt of the Outline Plan and separate redistricting application, Administration referred the applications to adjacent and area landowners on May 16, 2017. The County received (1) a letter from the Jackfish Lake Management Association (JLMA), (2) a Non-Statutory Petition from 'Concerned Members of the Jackfish Lake Community' (signed by 192 individuals), and (3) thirty-nine individual adjacent and area landowner letters. These submissions were provided to Council at the January 9, 2018 Council Meeting.

 

The Public Hearing Notification was sent to adjacent and area landowners and impacted agencies on January 15, 2018. The Public Hearing was advertised in the local newspapers on Friday, January 19, 2018 and again on January 26, 2018.

Written submissions and presentations made to Council on February 13, 2018 have been complied for Council's reference in Attachment 10.

Administration has received additional written submissions from the Public since February 13, 2018 and are included in Attachment 11.

 

Strategic Plan/Policy Implications:

OUTLINE PLAN: The Outline Plan has been prepared in accordance with Policy 3.1 and 3.11 of Municipal Development Plan Bylaw 37-2007, as well as separate Council Policy C-PD033 Outline Plans. The Outline Plan will require adoption by resolution of Council prior to third and final reading of the redistricting application (Bylaw 2017-22). Administration has confirmed that the Outline Plan meets the minimum requirements as described under C-PD033-P1 Outline Plan Procedures. The Outline Plan application (non-statutory) does not require referral to the Edmonton Metropolitan Region Board (EMRB). Detailed review of the Outline Plan and supporting technical studies are included within the attached Administrative Report.

 

REDISTRICTING: The redistricting application was assessed against the County's applicable statutory and non-statutory plans. The redistricting application was determined to be consistent with the applicable statutory plans and surrounding land uses. Amendments are recommended to the West Point Estates (North) Outline Plan before final adoption of the requested redistricting. Detailed review of the relevant planning policies regarding the proposed redistricting are included within the attached Administrative Report.

 

Financial Impact:

Cost: $0  

Source of Funding: Private Development

 

Alternative Motions:

Option #2                      Upon closure of the Public Hearing:

                                          1. That Council amend the West Point Estates (North) Outline Plan as identified in Attachment 2, including Option B (with paving deferral) in Section 6.1.

                                          2. That Council adopt the amended West Point Estates (North) Outline Plan.

                                          3. That Bylaw 2017-22 receive second reading.

                                          4. That Bylaw 2017-22 receive third and final reading.

 

Option #3                     Upon closure of the Public Hearing:

                                          1. That Council defer the West Point Estates (North) Outline Plan and second reading of Bylaw 2017-22 to the __________, 2018 Council Meeting.

 

Option #4                     Upon closure of the Public Hearing:

1. That Council defeat the West Point Estates (North) Outline Plan.

                                           2. That Council defeat Bylaw No. 2017-22 at second reading.