Title
Bylaw No. 2014-21 to amend certain regulations within Land Use Bylaw No. 20-2009. Regulating Accessory Structures in the BRR - Bareland Recreational Resort District. Removal of the Direct Control District from two areas within the Hamlet of Entwistle. Addition of a definition for "Temporary Structures" and add in the Deemed Approved Section of the Land Use Bylaw "Temporary Structures" that are 600 sq. ft. or less in total area. This will not materially affect the Bylaw in principal or substance.
Proposed Motion(s)
1. That Bylaw No. 2014-21 receives first reading.
2. That a public hearing be scheduled on June 24, 2014 at 10:30 a.m. at Parkland County Centre to hear public comment on proposed Bylaw No. 2014-21.
Body
Administration Recommendation(s)
Administration feels it is reasonable and appropriate to reduce the required setback for Accessory Structures within the BRR -Bareland Recreational Resort District from the currently required 1.5 M (5.0 ft) to 0.8 M (2.6 ft). Administration believes that the proposed amendment will adequately address recent concerns regarding these applications and eliminate potentially unnecessary appeals proceeding to the MPC - or Administration - for a decision. A reduction of these setbacks to 0.8 M has been considered by the County's Safety Codes Officer and he has indicated that this allows adequate separation distances between non-habitable structures.
Administration also recommends amending Section 5.9 (5) of the BRR - Bareland Recreational Resort District by creating Section 5.9 (5) (j) which would restrict the height of any new accessory building to a single storey and a maximum of 3.6 m (12 ft) in height (as measured from grade to the top of the structure), and (j) prohibit accessory buildings from being used for any accommodation purposes, notwithstanding Section 11(1)(5) of the Land Use Bylaw.
Administration proposes that the Direct Control District designation currently in force within the Hamlet of Entwistle be removed and replaced with R1 - Single Family Residential on the portion on the south side of Highway 16, and the portion on the north side be changed to R2 - Medium Residential to allow for the potential for "slightly" higher density residential.
Finally, Administration is recommending an addition to Section 16.2 (1) (Deemed Approved Uses) to allow for "Temporary Structures" provided they are 600 ft2 or less in total area and Section 20.1(3) by adding a definition for "Temporary Structures" as outlined herein.
Purpose
This Bylaw proposes amendments to the County's Land Use Bylaw 20-2009 consistent with direction of the Municipal Planning Commission and the review of Administration.
Summary
The Municipal Planning Commission (MPC) has recognized that in the BRR - Bareland Recreational Resort District, the number of variance requests that are being brought forward for relaxation are excessive and seemingly unnecessary.
The required setback currently is 1.5 m (5.0 ft) which takes up a significant amount of a BRR recreational lot. Without exception, most, if not all of the applications that come in for approval of an accessory building require a variance from the Municipal Planning Commission. Typically the setback requested is 0.8 m (2.6 ft) which seems to be reasonable in comparison to all other RV's on each of the properties. Therefore, Administration feels it is reasonable and appropriate to make the required setback 0.8 m (2.6 ft) in the RV setting.
Secondly, there are two areas in Entwistle that are currently districted Direct Control District. One area is to the north and the other to the south of Highway 16 (see attached map). Historically, there is no information as to why these two areas were made Direct Control as both are identified in the Existing and the Future Land Use Map of the current Area Structure Plan (Bylaw no. 23-2012) as residential. Hence, the recommendation to redistrict these two areas is consistent with the Hamlet's Area Structure Plan.
Finally, Administration is recommending an addition to Section 16.2 (1) (Deemed Approved Uses) to allow for "Temporary Structures" provided they are 600 ft2 or less in total area and Section 20.1(3) by adding a definition for "Temporary Structures" as outlined herein. These structures (ie. plastic and aluminum garden sheds, gazeboos, and tarped carports) cannot meet any acceptable safety code requirement - but - are commonly being purchased and erected by reatepayers. Structures exceeding 108 FT2 in total area are required to have Safety Code approvals - unless - otherwise exempted by the local jurisdiction.
Strategic Plan/Policy/Legal/Staff Implications (As Required)
Pursuant to Section 692 of the Municipal Government Act, being Chapter M.26.1 of the Revised Statutes of Alberta, Council is required to hold a public hearing and advertise this Bylaw.
Financial Impact:
Cost: 0
Source of Funding: N/A
Other
N/A