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HomeMy WebLinkAboutBylaw 1586 - Saddle Up Estates Structure Plan BYLAW No. 1586 A BYLAW OF KNEEHILL COUNTY IN THE PROVINCE OF ALBERTA,TO ADOPT AN AREA STRUCTURE PLAN FOR THE 62.32 HA(154.0 AC)SOUTH WEST QUARTER OF SECTION 5; TOWNSHIP 33; RANGE 26; WEST OF THE 4TH MERIDIAN. THIS IS TO BE KNOWN AS THE SADDLE UP ESTATES AREA STRUCTURE PLAN. WHEREAS Council ro oses to establish p p s a framework for the orderly subdivision and development of the 62.32 ha (154.0 ac) South West Quarter of Section 5; Township 33; Range 26; West of the 4th Meridian located west of the Hamlet of Torrington within Kneehill County. AND WHEREAS this Plan will identify existing development and will outline the procedures and conditions under which subdivision and development will be allowed to proceed. AND WHEREAS the Area Structure Plan will establish the Kneehill County's planning policies for this area which will be used by the land owners as well as other Government and Municipal agencies and utility companies in the formulation of their plans and priorities for development. NOW THEREFORE be i t resolved that this Bylaw receive first reading and that the necessary Public Hearing be held to hear comments on the Plan. Further be it resolved that this Bylaw receive second and third reading after the Public Hearing and that this Bylaw take effect on final passing of the Bylaw. NOW THEREFORE, the Council of Kneehill County, in the Province of Alberta, duly assembled and under the powers conferred upon it by the Municipal Government Act, RSA 2000, Chapter M-26, and amendments there to, enacts as follows: That Bylaw 1586 be adopted as the Saddle Up Estates Area Structure Plan for SW 5-33-26-W4 as attached hereto and marked as Schedule "A"to this bylaw. COUNCILLOR HOPPINS moved first reading to Bylaw#1586 on Dece er 2, 20 8. Deputy Reeve Chief Administrative Officer COUNCILLOR LONG moved second reading to Bylaw#1586 on Febru. y 10, 2009. Deputy Reeve a 3 Chief Administrative Officer COUNCILLOR WITTSTOCK moved third reading to Bylaw#1586 on Februa y 10, 2009. Deputy Reeve Chief Administrative Officer Initials MUNICIPALITY OF KNEEHILL COUNTY PUBLIC HEARING DATE: February 10, 2009 TIME: 10:00 a.m. PLACE: KNEEHILL COUNTY 232 Main Street, THREE HILLS, ALBERTA RE: PROPOSED BYLAW 1586 OF THE MUNICPALITY OF KNEEHILL COUNTY IN THE PROVINCE OF ALBERTA FOR THE ADOPTION OF AREA STRUCTURE PLAN, "SADDLE UP ESTATES." BY: An application has been submitted for the adoption of Area Structure Plan, "Saddle Up Estates", located on the S.W. 5-33-26-W4. PRESENT: COUNCIL MEMBERS: Brian Holsworth, Glen Keiver, Bobby Painter, Bob Long and Jerry Wittstock STAFF MEMBERS: Jerry Brett, Senior Planning& Development Officer Philip Rough, Development Officer Kevin Miner, CAO Laurie Watt, Assistant CAO Barbara Long, Recording Secretary INTERESTED PARTIES: Paul DeVos Steve&Janet Leischner Deputy Reeve Holsworth declared the public hearing open and reviewed the rules and procedures of conduct for the Hearing . Mr. Brett was requested to outline the nature and purpose of the request for approval of the proposed Area Structure Plan (ASP) Saddle Up Estates, and to describe its effect on the municipality. Mr. Brett presented the following background information: • On December 2, 2008 Kneehill County Council were presented with the proposed Area Structure Plan (ASP) Saddle Up Estates, located on the SW Quarter of Section 5; Township 33; Range 26; W of the 4th. Council gave the Bylaw 1586 first reading instigating the Public Hearing today. • As per Section 606 of the Municipal Government Act and County Policy 5-4, the date and time of the Public Hearing was advertized in the Three Hills Capital for two concurrent weeks and information that was circulated to adjacent landowners along with effected government agencies. Neighbouring municipalities (Mountain View County and the Town of Olds) were also provided with an opportunity to comment. • Public hearings provide an opportunity for effected persons to be notified and enable them to make suggestions and representations, through the public hearing process. • If approved, the developers may then go through redesignation, subdivision and development permits processes with "reasonable" assurance that as long as their redesignation and subdivision applications are in conformance with an ASP they will be favourably received by the planning authorities. The subject lands are located 2-miles west of Torrington on Highway 27. The owners; Paul & Cheryl DeVos and Andre & Tracey Bultman, wish to develop the lands into an `equestrian- based' residential and recreational area. The residential component comprises of 16 Country Residential acreages — with lot sizes varying from 1 acre to 4 acres. The remainder of the parcel would include an equestrian centre and native bush for trails and grazing. Council/Planning/Public Hearings Page 1 of 4 Initials: Amendments to the Area Structure Plan At the December 2, 2008 First Reading of Bylaw 1586, some further questions were posed with regards to the document submitted to Council and so amendments and additions to the document were made by the applicants. The following is a list of changes to the document provided following First Reading: • Density Change: The 61 Acre Residential Area has been increased from 15 lots to 16 lots. All maps and references in the document have been updated to reflect this increase. • 2.04 Water Supply amended to show that the developer will be responsible for drilling wells for water supply to each lot. • 2.05 Wastewater and Solid Waste Management amended to show that the lots are suitable for PSDS and that the developer will be responsible for installing the treatment systems for each lot.. • 2.06 Storm Water Management amended to reflect the need for a development agreement that will include, but not be limited to, an engineered plan for Lots 4-15 for storm water management. • 2.07 Roads amended to reflect the requirements of Alberta Infrastructure & Transportation for Roadside Development Permits and updated approach treatment as the development increases in density. • 2.08 Fencing amended to show the developer will be responsible for the erection of fencing as the development progresses. • 2.09 Services amended to show the developer is responsible for the installation to each parcel for electrical power and gas. • 2.10 Emergency Services addendum for the consideration of a standpipe for extra fire flow to be located within the dugout (see map). • 2.12 Municipal Reserve Dedication now refers to an agreement to be discussed with Council in regards to options for Municipal Reserves. • 2.13 Development, Architectural & Other Controls amended to reflect compliance of development with County Bylaws, the minimum care of horses and drainage easements across residential parcels. • 2.14 Equestrian Centre Manure Management Appendix referenced for preliminary management plan. • 3.01 Overview and Assumptions of Plan details of plan implementation and timeframes given more detail. • 4.0 Appendices improved and expanded appendices relating to above amendments including Groundwater Exploration and Research Summary of Findings and Confirmation of Livestock Water Allocation; Water Well Drilling Report, Water Quality Test; Preliminary Storm Water Management; Wastewater Site Assessment; Manure Management Plan; resident Restrictive Covenant and Equestrian Membership and Facility Use Rules. Response to Circulations: Kneehill County Municipal Planning Commission was given the opportunity to review the document at their January 28, 2009 meeting. The Board discussed in length the details of the remainder of the quarter section in regards to continued access for the lot owners. The developer, Mr. DeVos, was present and stated that this issue was covered in the ASP membership section. It is implied as a restrictive covenant that would be registered against the title. Mr. DeVos will consider adding this as a clearly defined section before the subdivision and redesignation process. MPC moved to adopt the Preamble as information Council/Planning/Public Hearings Page 2 of 4 Initials: until Members had an opportunity to further review the Area Structure Plan for Saddle Up Estates. If there were any questions or concerns from MPC members prior to the Public Hearing, this information was to be brought to the attention of the Planners; or by MPC Members themselves—represented through the Chairperson of the MPC -- at the Public Hearing. Alberta Infrastructure and Transportation (AIT)responded to the circulation and made recommendations for changes and improvements to the document as well as outlining any of its requirements of the developer. These concerns were addressed in the amendments as noted above. Further input and approvals from AIT will be required at other stages in the development; e.g. subdivision and development permit application. Neighbouring Landowners were also given the opportunity to respond to the proposal either by contacting the Planning Department or by attendance at the Public Hearing. One local landowner had some misgivings about having a residential subdivision in close proximity to agricultural lands. The landowner's principal concern was the affect the subdivision would have on groundwater supply and quality. Mr. DeVos was made aware of these concerns and has endeavoured to mollify these concerns by expanding the information on groundwater supply and PSDS management systems—this information forms a major part of the Appendices Section. Other concerns include the potential for conflict between farming practises and residential uses. The ASP addresses these concerns by acknowledging that residential development may come into conflict with agricultural uses and forewarns residents both in the ASP itself and the draft version of the Restrictive Covenant in the Appendices. Conclusion: Mr. Brett advised it was the opinion of the Planning Department the proposed Area Structure Plan meets the technical requirements for adoption. From a planning standpoint the development appears sound. The ASP streamlines the approval processes yet allows further opportunities for effected parties to offer their opinions on potential development—through further public hearings e.g. Land Use Redesignation, Subdivision and Development Permit applications. Kneehill County Planning Department is supportive of Bylaw 1586 "Saddle Up Estates Area Structure Plan"(as amended) and would recommend approval the Bylaw once Council is assured that concerns brought to its attention by the Public Hearing have been or can be addressed. Deputy Reeve Holsworth asked for any presentations from those in support of the proposed Bylaw? Mr. DeVos advised Council that Mr. Brett's report accurately expressed his position and that he had nothing further to add. Deputy Reeve Holsworth asked for any presentations from those objecting to the proposed Bylaw? Mrs. Leischner stated their main concern is the effect this development could have on their quality and quantity of water. With 15 or 16 water wells on this development she expressed her concern about the future repercussions on the water table. Mrs. Leischner also noted that the proposed development is located on low sandy land and she is worried that the private sewage discharge would sift through the soil into the ground water. Mr. Leischner asked if the County would stand behind their decision should he have future problems with his well, as it was his belief that if Kneehill County approved the development they should be responsible for any issues that might arise. Councillor Wittstock advised that the regulations for private sewage system disposal is under the mandate of the Province, and as long as the development conforms to the Provincial regulations the County has no option but to approve. In response to a question as to whether his water well would be guaranteed by the County, Councillor Wittstock advised no. Mr. Leischner advised his well was only used to draw water for spraying so any contamination would not be from his use. He also voiced his concerns with spraying, in particular aerial spraying, on land adjacent to the proposed development. Council/Planning/Public Hearings Page 3 of 4 Initials: , Deputy Reeve Holsworth thanked Mr. & Mrs. Leischner for attending the Public Hearing and advised their points would be given consideration by Council. As there were no questions from Council and no presentations, written or verbal, either in support or opposing the Bylaw, Deputy Reeve Holsworth declared the hearing closed. Time 10:20 a.m. Deputy Reeve CAO Council/Planning/Public Hearings Page 4 of 4 Initials: