Title
Bylaw No. 2014-18
Proposed Amendment to Land Use Bylaw No. 20-2009 to redistrict part of W5-05-53-16-NW from CR - Country Residential District to DC - Direct Control District and to adopt new Direct Control Regulations (DC Area 6).
Proposed Motions
1. That Bylaw No. 2014-18 receive first reading; and
2. That a Public Hearing be scheduled for June 24, 2014 at 9:30 a.m. in Council Chambers to hear public comment on proposed Bylaw No. 2014-18.
Body
Administration Recommendation(s)
Administration supports Bylaw 2014-18 and the proposed new Osprey Bay Direct Control District Regulations. Administration is of the opinion that the use of Direct Control to regulate and control the use, development and subdivision of land or buildings on these two unique properties is appropriate in this specific instance.
Purpose/Summary
Parkland County has received an application from the property owners of the subject lands for the addition of a new Direct Control District to Land Use Bylaw No. 20-2009 to bring the property into conformance and to accommodate their unique situation. The property owners are requesting a Land Use Bylaw amendment to redistrict the lands to Direct Control to allow for the accommodation, maintenance, alteration, replacement and repair of the existing eight (8) dwelling units on the two parcels of land. The subject lands consist of two parcels currently zoned CR-Country Residential. The 2.84 ha (7.03 ac) parcel has three (3) existing dwelling units on it and the adjacent 1.09 ha (2.69 ac) parcel has five (5) existing dwelling units on it. Due to various Land Use Bylaw amendments in the past, the structures on the properties are currently non-conforming (reference to Section 643 of the Municipal Government Act). A detailed summation of the proposed amendments are included within the attached Administrative Report.
Background/Justification
Strategic Plan: This aligns with Strategic Plan Economic Development Goal 2 - Parkland County will balance economic development with quality of life including taking steps to further promote and foster sustainable development. This also aligns with Strategic Plan Environment Goal 1 - Parkland County will be a respected steward of the environment through encouraging green development and by protecting floodplain and riparian areas throughout the municipality.
Legislative: In accordance with Section 641 of the Municipal Government Act, the Council of a municipality that has adopted a municipal development plan, it if wishes to exercise particular control over the use and development of land or buildings within an area of the municipality, may in its land use bylaw designate that area as a Direct Control District. Further, if a Direct Control District is designated in a land use bylaw, the Council may, subject to any applicable statutory plan, regulate and control the use or development of land or buildings in the district in any manner it considers necessary.
Statutory Plans: The Subject lands are outside of the Capital Region Priority Growth Area. This bylaw is supported by Municipal Development Plan Recreation and Open Space Objective "Provide a variety of recreational and open space opportunities while protecting the natural environment" the applicants are intending to keep the existing tree cover and conserve the natural features on the property.
Financial Impact:
Revenue: $2,500.00 Land Use Amendment Application Fee paid by Applicant.
Note: The Applicant would receive a 50% refund of Application Fees if the Bylaw were defeated at first reading.
Alternatives:
1. Council could table Bylaw No. 2014-18 and request additional information from Administration, the Applicants, or request that referrals to adjacent landowners and potentially affected agencies be completed prior to consideration of first reading; or
2. Council could amend Bylaw No. 2014-18 prior to first reading; or
2. Council could defeat Bylaw No 2014-18 at first reading; or
3. Upon providing first reading to Bylaw 2014-18, Council could schedule a Public Hearing for a date and/or time other than June 24, 2014 at 9:30 a.m.