Title
PUBLIC HEARING 9:30 a.m. (60 mins)
Proposed Bylaw No. 2015-10, being an amendment to Section 4.1.2 within the AGG - Agricultural General District of Land Use Bylaw No. 20-2009
Site-specific industrial/commercial uses requested as discretionary uses on property S.E. 35-52-06-W5M only
Proposed Motion
Upon closing the Public Hearing:
1. That Bylaw No. 2015-10 receive second 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 the business at this location, Administration recommends redistricting only the portion of the property specific to the business and only for the uses involving the business from the AGG - Agricultural General District to DC - Direct Control District (option 5 below).
Council may consider one of the following options:
1) That Council defeat Bylaw 2015-10 at second reading; or
2) Council give second and third reading to Bylaw 2015-10 to allow certain industrial/commercial uses within the AGG - Agricultural General District only for S.E. 35-52-06-W5M; or
3) Council could table the Public Hearing and request additional information from Administration and/or the Applicant; or
4) Council could table the Public Hearing and refer the bylaw back to administration to consider redistricting a portion of the S.E. ¼ 35-52-06-W5M, from AGG - Agricultural General District to the RIC - Rural Industrial/Commercial District; or
5) Council could table the Public Hearing and refer the bylaw back to administration to consider redistricting a portion of the S.E. ¼ 35-52-06-W5M, from AGG - Agricultural General District to DC - Direct Control District.
6) Council could close the Public Hearing and give second reading, but defer third reading to a later date.
Purpose
The applicant (Tri-Lakes Septic Ltd.) is requesting site specific 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 (option 2 above). 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 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
No written comments by adjacent landowners were received as of the date of Administration's report (April 16th) regarding the notice of Public Hearing.
A detailed summation of the proposed amendments are included within the attached Administrative Report.
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.
The applicant completed pre-consultation with area residents prior to submitting the amendment application through an Open Letter to area residents dated December 31, 2014 (attached). Administration received a letter (attached) from an adjacent landowner opposed to the amendments. A number of other residents were in contact with Administration to review bylaw adoption and other planning processes and stated that they would respond accordingly should a formal application be received and processed by the County. Verbal comments were received opposing the planned expansion of the business above a Level 3 Home Based Business within the agricultural community. Additional verbal comments were received both in support and opposed to the business depending on the location that the business was to operate from. Predominately the comments focused on off-site commercial traffic on Township Road 530 and Range Road 61 rather than concerns about the actual use on the property.
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 application has proceeded to Public Hearing.