Title
Extension of Endorsement Period for Subdivision Application File No. 2008-S-066 (Proposed: multi-parcel residential subdivision), Pt. S.W. 19-53-26-W4M (Linc No. 23472707)
Proposed Motion(s)
That Council approve an extension of the endorsement period regarding Subdivision File No. 2008-S-066 to December 31, 2015 in accordance with Section 657(6) of the Municipal Government Act and Council Policy No. PD-021. The extension is subject to the landowner entering into a Development Agreement with Parkland County to construct the subdivision no later than May 4, 2015. A further extension to Subdivision File No. 2008-S-066 shall not be approved by Council unless the Development Agreement for the project is entered into by May 4, 2015.
Body
Administration Recommendation(s)
Administration supports the request to extend the endorsement period for the subdivision to December 31, 2015 subject to the Developer executing a Development Agreement prior to May 4, 2015. Further extensions of the endorsement period of Subdivision Application No. 2008-S-066 shall not be granted if the Development Agreement is not executed by the May 4, 2015 deadline. Therefore, the recommended time extension would be for approximately one and a half years; allowing construction and completion of the project by the end of 2015.
Purpose
The Applicant/Developer has requested an extension of the endorsement period for the proposed subdivision as the three (3) annual optional extensions authorized by Administration expired on May 4, 2014. Furthering of the request for extension rests with Council in accordance with Council Policy PD-021.
Summary
The County has received a request to extend the endorsement period for a subdivision proposing eight (8) traditional country residential lots that are each greater than two acres in size and to be serviced via private on-site systems. This subdivision application was conditionally approved by the County on May 5, 2009. Three (3) annual one-year extensions were authorized by Administration in accordance with Council Policy PD-021. The last (3rd) extension expired on May 4, 2014. In accordance with Policy PD-021, any additional extensions beyond three years rest with Council.
The extension request letter indicates the Developer recently retained the services of a Consulting Engineer who has completed the detailed engineering design drawings which have been submitted to Engineering Services for first review. Final acceptance of the drawings requires the Developer to execute a Development Agreement with the County. To date the Developer has not yet entered into a Development Agreement with the County nor has the Developer formally requested the preparation of a Development Agreement for the proposed residential subdivision. Since the 2009 conditional approval date, the Developer has not satisfied any of the conditions of approval. There have been no changes to any provincial legislation and/or the County's Statutory (MDP) or Land Use Bylaw planning documents which would affect this conditionally approved subdivision application.
Strategic Plan: Allowing this previously conditionally approved subdivision to proceed to construction aligns with Strategic Plan Economic Development Goal 2 - Parkland County will balance economic development with quality of life including taking steps to further promote and foster sustainable development.
Legislative: In accordance with Section 657(6) of the Municipal Government Act, the Council of Parkland County has authority to grant time extension to the one-year subdivision endorsement and registration period. Under authority of Section 203 of the Municipal Government Act, Council has delegated its authority to grant these extensions to the Chief Administrative Officer or the CAO's delegate) by virtue of the Chief Administrative Officer (CAO) Bylaw. The designate of the CAO refers the extension request to Council for consideration in accordance with Standard 1(f) of Policy PD-021. The CAO designate has previously granted three one-year extensions on the subdivision application with the Developer having not satisfied the conditions of approval.
Statutory Plans/Land Use Bylaw: The subject lands are outside of the Capital Region Priority Growth Area. The subdivision of eight (8) traditional country residential lots on the subject lands remains supported by the policies and regulations of the County's current Municipal Development Plan, the Atim Creek North Area Structure Plan and the Land Use Bylaw.
Financial Impact:
Revenue: $750.00 Application Fee paid by Applicant/Developer in accordance with current Fees & Charges Schedule.
Non-refundable if Council denies the extension request.
Alternatives:
1. Council could approve the extension request with an expiry deadline to execute a Development Agreement and complete endorsement other than May 4, 2015 and December 31, 2015 respectively.
2. Council could table the extension request and request additional information from Administration and/or the Applicant/Developer.
3. Council could deny the extension request(s).