Title
Proposed Bylaw No. 2015-10, being amendments to Section 4.1.2 within the AGG - Agricultural General District of Land Use Bylaw No. 20-2009.
Three industrial/commercial uses to be added as site specific discretionary uses on the 8.09 hectare area within S.E. 35-52-06-W5M only, as shown on proposed Schedule 'A'.
Proposed Motion(s)
1. That Bylaw No. 2015-10 be amended by adding Schedule 'A' to the Bylaw and restricting the site specific industrial/commercial discretionary uses to only the 8.09 hectare (20.0 ac) area within S.E. 35-52-06-W5M as shown on Schedule 'A'.
2. That Bylaw No. 2015-10 receive third and final reading.
Body
Administration Recommendation(s)
Administration does NOT support the application as the proposed development is for industrial/commercial development beyond a Home Based Business Level 3 within the AGG - Agricultural Land Use District (option 1 below). However, should Council wish to approve these amendments to the Land Use Bylaw at this location, Administration recommends granting the requested site specific uses be considered only on the 8.09 hectares of the quarter section required for the business (option 2). Council may wish to defer third reading (option 3) until the applicant has prepared and submitted a development permit application and traffic impact analysis and/or geometric review for Range Road 61 and Township Road 530 to confirm if any off-site road or intersection improvements are required to support the proposed business uses at this location. Should off-site road improvements be identified, Council may also want to confirm that the applicant has entered into a Development Agreement with the County confirming their acceptance to undertake the road improvements prior to giving third reading of this proposed Bylaw No. 2015-10.
Council may consider one of the following options:
1) That Council defeat Bylaw No. 2015-10 at third reading; or
2) Prior to third reading, Council amend Bylaw 2015-10 to only allow the requested site specific industrial/commercial uses on the 8.09 hectares of land within S.E. 35-52-06-W5M as shown on Schedule 'A' of amended Bylaw No. 2015-10.
3) Council could amend Bylaw No. 2015-10 as presented prior to third reading, but defer third reading until the applicant has undertaken a traffic impact analysis and/or geometric review for Range Road 61 and Township Road 530 to the satisfaction of the Manager of Engineering Services and confirmed acceptance to construct any required road improvements through the execution of a Development Agreement.
Note: Should Council wish to reconsider the use of the RIC - Rural Industrial/Commercial District or the DC - Direct Control District in this instance, a new Bylaw and Public Hearing would be required.
Purpose
The applicant (Tri-Lakes Septic Ltd.) is requesting site specific Land Use Bylaw amendments (that discretionary uses be added) to the AGG - Agricultural General District only for S.E. 35-52-06-W5M to accommodate the planned relocation and expansion of the applicant's septic hauling business to this location. The business is currently operating as a Home Based Business Level 3 on a adjacent property within N.W. 35-52-06-W5M. The existing business is outgrowing the regulations of a Home Based Business Level 3 (at any location within Parkland County), and the applicant wishes to continue to operate the business locally and in proximity to its customers rather than relocate to a business park or further outside of the community. In the opinion of the applicant, the relocation of the business to this location will have less of an impact on area residents who have previously noted concerns about the business at its current location. Further details are provided by the applicant in the Attachments: 'Reasons in Support of Amendment' and 'Conceptual Plan'.
Summary
A detailed summation of the proposed amendment is included within the attached Administrative Report.
First reading of Bylaw No. 2015-10 was passed on March 3, 2015.
The Public Hearing regarding Bylaw No. 2015-10 was completed and closed on April 28, 2015. Upon closing the Hearing, second reading to Bylaw No. 2015-10 was passed.
Council heard the following comments from area residents in opposition to Bylaw No. 2015-10 at the Hearing:
1) Opinion that industrial/commercial uses within an agricultural districted area have a negative impact on the quality of rural agricultural life;
2) Concern that the current condition of Range Road 61 and Township Road 530 are inadequate for industrial/commercial uses, including sanitary sewage haul trucks. Expression of concern that Township Road 530 is in need of upgrade and repair as it is used as a haul road for livestock to and from the Jack Pine Grazing Reserve. Examples given: road surface, road width, potholes and cracking, intersection and approach radius'.
3) Amendments allow for the consideration of many other potential discretionary uses on the entire quarter section (SE 35-52-06-W5M). Proposed amendments could allow uses are not restricted to just the sewage business.
Similar comments were received from area residents by Administration prior to submission of the amending Bylaw application by the Applicant. Other area residents were in support of the relocation of the business from its current location at the time of pre-consultation.
The subject quarter section consists of approximately 160 acres of agricultural land located one-half mile south of Township Road 530 on the west side of Range Road 61 within Division 6. The lands are accessed via Township Road 530 west from Highway 31 just south of Seba Beach. The applicant is requesting the inclusion of three (3) industrial/commercial uses: Automotive, Equipment and Vehicle Services, Industrial Storage and Warehousing, and Professional, Business, Financial and Office Support Services be added as site-specific discretionary uses within the AGG -Agricultural General District only on the subject quarter section. The applicant would prefer to redistrict the lands to the RIC - Rural Industrial/Commercial District, however through consultation with area residents the applicant feels "it may be more acceptable, or less objectionable, to pursue the site specific amendments".
The amendments are not consistent with policies within Section 2 of the County's Municipal Development Plan were non-agricultural uses, including industrial/commercial development, shall be focused into established industrial parks and not utilize agricultural lands. In administration's opinion, the proposed development is consistent with the intent/purpose of the RIC - Rural Industrial Commercial District, however there is no direction within the County's Municipal Development Plan how or where this should be applied within the County. Site specific amendments of this nature have been supported by the County in some instances in the past within the AGG - Agricultural General District. A DC - Direct Control District may also be appropriate in this instance.
Strategic Plan 2014-2018
Bylaw No. 2015-10:
1. May not be consistent with Commitment 2 under the Community Section of the Strategic Plan: "Elevate the sense of community among residents". Some area residents have identified that they are opposed to the amending Bylaw and development and have provided comments regarding impacts industrial/commercial uses have on the agricultural community and desired rural lifestyle.
2. May not be consistent with Commitment 1 under the Infrastructure Section of the Strategic Plan: "Ensure infrastructure keeps pace with growth". Area residents have identified concerns with the current standard of Township Road 530 and Range Road 61 being insufficient for industrial/commercial traffic.
3. Is consistent with Commitment 3 under the Environment Section of the Strategic Plan: "Ensure development respects the environment". The applicant has provided a conceptual plan identifying the planned development away from sensitive areas within the subject quarter section. Keeping the business locally in the community will reduce the length of travel time/distance of the trucks between the business and its customers thereby reducing the use of fossil fuels and wear and tear on roadways.
4. Is consistent with Commitment 2 and 3 under the Economy Section of the Strategic Plan: "Establish an environment that attracts businesses and allows them to succeed" and "ensure residents benefit from local employment opportunities that help them achieve personal success". The applicant has highlighted the success of the current business in the community and plans to higher locally should the business be allowed to expand.
Financial Impact:
Revenue: $2,500.00 +GST Land Use Bylaw Amendment Application Fee paid by Applicant
The Applicant is no longer eligible for a refund of application fees as the Public Hearing was completed.