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File #: BL 12-004    Version: Name: Bylaw No. 34-2010
Type: Bylaw Status: Defeated
File created: 2/2/2012 In control: Development Services Division
On agenda: 3/27/2012 Final action: 3/27/2012
Title: PUBLIC HEARING Proposed Amendments to the County's Jackfish Mayatan Area Structure Plan (Bylaw No. 41-80) re: Pt. E1/2 4-53-2 W5M (Bylaw No. 34-2010) Recommendation That Council give second reading to proposed Bylaw No. 34-2010.
Attachments: 1. Chair's Notes.pdf, 2. SiteMap.pdf, 3. Keyplan.pdf, 4. ASP Application, 5. JMLASP - Bylaw Amendment 34-2010_Christina.pdf, 6. ScheduleA_34-2010.pdf, 7. Administration Report March 2012.pdf
Title
PUBLIC HEARING
Proposed Amendments to the County's Jackfish Mayatan Area Structure Plan (Bylaw No. 41-80) re: Pt. E1/2 4-53-2 W5M (Bylaw No. 34-2010)
 
Recommendation
That Council give second reading to proposed Bylaw No. 34-2010.
 
Body
Purpose
To amend the Residential and Water and Sewer Sections of the Jackfish Mayatan Area Structure Plan (Bylaw No. 41-80) to allow for less than ½ acre parcel sizes, a variety of residential uses, and the consideration of privately owned communal piped water and sanitary sewer systems within the Pt. E1/2 4-53-2 W5M
 
Summary
The County has received an application to amend the Jackfish Mayatan Area Structure Plan (ASP) to accommodate a proposed adult-oriented Cluster Country Residential type development (Fawn Meadows).  The Area Structure Plan amendments are proposed for implementation under the Residential and Water and Sewer sections and are site specific in nature tailored to meet the development requirements of this project.  This amendment would permit smaller lot sizes and an increase in lot density for this project.  Currently, the MDP allows for a maximum lot density of 1.85 lots per hectare and the amendment is proposing a maximum lot density of 8.2 lots per hectare.        
 
Council may wish to evaluate the policies proposed by the developer intended to accommodate the Fawn Meadows project against Administration's review and analysis.  It is Administration's opinion that the Ground Water Analysis report included in the Outline Plan in support of the merits of installation of privately owned communal water system lacks the appropriate professional engineering endorsements.  The proposed amendments to the policies are in need of revision to ensure consistency with the accompanying amendments to the MDP and LUB and to ensure that they are more in keeping with the Jackfish Mayatan ASP's existing policies guiding development.   There are a few proposed uses that may be considered as non-compliant or not compatible with surrounding uses and location.  The proposed Recreational Vehicle and Residential Storage uses may be non-compliant uses as the ASP only provides for limited neighbourhood commercial uses.  The proposed development also requires amendments to the Municipal Development Plan and Land Use Bylaw which are considered in two separate Council submissions.
 
Administrative Position
As a result of Administration's full review and analysis of the proposed amendments to the County's Jackfish Mayatan Area Structure Plan, Administration does not recommend that Council support this Bylaw and Administration is not in support of the proposed amendments to the Residential and Public Utilities and Municipal Services: Water and Sewer Sections of the Jackfish Mayatan Area Structure Plan.  Please refer to Administration's Report for detailed information outlining Administration's position.
 
This application cannot be given third and final reading until the Capital Region Board approves the proposed amendment to the Municipal Development Plan (Bylaw 33-2010).  Once CRB approval is received by Administration, Council could then consider giving this application third and final reading.
 
Other
1.      Council could table the Public Hearing for Bylaw No. 34-2010, if not satisfied with the amount of information received, and re-convene the Public Hearing at a later date.
2.      Council could close the Public Hearing and table second reading of Bylaw 34-2010 to the next meeting of Council.
3.      Council could defeat Bylaw No. 34-2010 at second reading and continue to require that each individual residential development have parcel sizes of 0.5 to 3.0 acres in size within the Jackfish Mayatan ASP area and be serviced by an individual water well or cistern and a private on-site sewage disposal system. This would be consistent with Council's decision, should Council defeat amendments to the policies contemplated under MDP Bylaw 33-2010.