Title
PUBLIC HEARING - 10:00 a.m. (30 mins.)
Proposed Amendment to Land Use Bylaw 20-2009 (Bylaw No. 2015-29) Resource Extraction
Proposed Motion
1. That Bylaw No. 2015-29 be amended by changing the map in Schedule 1 as presented;
2. That Bylaw No. 2015-29 receive second reading as amended; and
3. That Bylaw No. 2015-29 receive third and final reading.
Body
Purpose
The purpose for Land Use Bylaw 15-062 is to better manage resource extraction applications within Parkland County. The amendments to the Land Use Bylaw would require proposed resource extraction sites to be redistricted to "RE" (Resource Extraction) Land Use District prior to the development permit process. This Land Use Bylaw amendment also proposes redistricting to all existing approved resource extraction sites to the "RE" (Resource Extraction) Land Use District.
Summary
The proposed Bylaw would require landowners to redistrict each parcel they bring forward for a resource extraction development application prior to submitting any development permit applications. The redistricting process requires a public hearing to be held which would allow the public an opportunity to express any concerns they may have with the resource extraction development to County Council before a decision on a development permit is rendered by the Development Authority. The redistricting application process requires applicants to conduct two (2) open houses prior to submission of a redistricting application in order to communicate with the public, and (in advance of the redistricting application) identify, and address, issues that may be raised by the public.
Currently the only opportunity the public has to bring forward concerns regarding resource extraction applications is through an appeal to the County's Subdivision and Development Appeal Board. An appeal only occurs after a decision has already been made by the Development Authority. Residents have expressed to Administration their dissatisfaction with the appeal process and only being able to speak on the matter after a decision has been made by the County. The proposed changes to the Land Use Bylaw would ensure development permit conditions remain intact, consistent, and compliant, with the Land Use Bylaw provisions established by Council. Presently, development permit conditions can be altered by the Subdivision and Development Appeal Board, and are not always consistent with the intent of the Land Use bylaw. The proposed amendments to Land Use Bylaw would ensure consistency of all future resource extraction development permit approvals.
Since first reading of the proposed bylaw, Parkland County has approved two new locations for resource extraction, and was notified that a previously approved location was not indicated on Schedule 1 as was previously presented to Council at First Reading. Further, due to the advertising of the Public Hearing, Administration received requests to exempt identified locations on Schedule 1. The requested exemptions are a yard site, and an approved operation that is currently going through the reclamation process.
Amendments to the Schedule 1 (since first reading) are not yet indicated on the attached map; however, are described as follows:
1. Amendments to the map in Schedule 1 of Bylaw No. 2015-29 are to include the following properties:
- Plan 9024001 Lot 1,
- PT of W1/2 of NW 23-53-03-W5 (approved under development permit 15-D-301),
- SE 32-53-06-W5.
2. Amendments to the map in Schedule 1 of Bylaw No. 2015-29 are to exempt the following properties:
- SW 18-53-04-W5,
- yard site on west half of NE18-53-04-W5, municipal address 4509 Hwy 16,
- NW 22-53-07-W5,
- SW 16-53-07-W5,
- N1/2 of NE 26-51-03-W5,
- NW 31-50-26-W4,
- SW 31-50-26-W4,
If approved by Council these amendments (#1 and #2 above) would be incorporated into Schedule 1.
Alternative Recommendation:
That Bylaw 15-062 be referred back to administration to consider the comments received during the Public Hearing.
Strategic Plan/Policy/Legal/Staff Implications
The proposed Bylaw aligns with the County's Strategic Plan (2014 - 2018). The "Community" Area of Focus notes a four year commitment to "Create a viable and resilient community by empowering residents." The "Economy" Area of Focus includes the following four year commitment to "Establish an environment that attracts businesses and allows them to succeed." The "Environment" Area of Focus four year commitment to "Ensure development respects the environment."
Financial Impact:
Cost: 0
Source of Funding: N/A