File #: PH-20-008    Version: 1 Name:
Type: Public Hearing Status: Agenda Ready
File created: 3/31/2020 In control: City Council
On agenda: 6/22/2020 Final action: 6/22/2020
Title: Bylaws 11/2020, 12/2020 and 13/2020 Oakmont Area Structure Plan, Land Use Bylaw Amendments (2nd and 3rd reading) Presented by: Suzanne Bennett, Planner, Planning & Development
Attachments: 1. Bylaw 11/2020 - Oakmont ASP amendment, 2. Oakmont ASP - Schedule 'A', 3. Bylaw 12/2020 - LUB Amendment - Redistricting, 4. Bylaw 13/2020 - LUB Amendment - DCMU text changes, 5. Oakmont ASP - REDLINE .doc, 6. LUB - DCMU - TRACKED CHANGES, 7. Location map, 8. Amendments map, 9. Proposed Site Plan (revised), 10. Previously Distributed - May 19 2020

TAMRMS#:  B06

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Bylaws 11/2020, 12/2020 and 13/2020 Oakmont Area Structure Plan, Land Use Bylaw Amendments (2nd and 3rd reading)
Presented by: Suzanne Bennett, Planner, Planning & Development

 

 

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RECOMMENDED MOTIONS

recommendation

 

1.                     That the Public Hearing on Bylaws 11/2020, 12/2020 and 13/2020 be closed

 

2.                     That Bylaws 11/2020 and 12/2020 be read a second time

 

3.                     That Bylaws 11/2020 and 12/2020 be read a third time

 

[NOTE:   Administration does not recommend that Bylaw 13/2020 be given second reading, or alternatively if a motion that Bylaw 13/2020 be read a second time is made, Administration recommends that the motion be defeated.]

 

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PURPOSE OF REPORT

This purpose of this report is to present proposed amendments to the Oakmont Area Structure Plan Bylaw and the Land Use Bylaw.  All proposed amendments require a public hearing and Council’s approval, per the requirements of the Municipal Government Act (MGA).

 

BACKGROUND AND DISCUSSION

Please refer to the attachment Previously Distributed, which includes the report and attachments at First Reading (Previously Distributed - May 19, 2020).

The proposed amendments are as follows:

 

The bylaws, and background information relating to each, are listed below in the recommended order of review:

 

Bylaw 11/2020 - Oakmont Area Structure Plan Amendment

 

                     Creation of a Mixed-Use designation within the Oakmont ASP;

                     Amendment of the Oakmont Area Structure Plan Future Land Use at 230 and 250 Bellerose Drive from Commercial to Mixed-Use, and 300 Orchard Court from Low Density Residential to Mixed-Use designation.  Textual changes to the ASP are detailed in Oakmont ASP - Redline − Changes Tracked

 

 

Bylaw 12/2020 - Land Use Bylaw Schedule ‘A’ Amendment

 

                     Amendment of the Land Use Bylaw, Schedule A to redistrict 230 and 250 Bellerose Drive, and 300 Orchard Court, from Direct Control (DC) District to Direct Control Mixed Use (DCMU) District;

                     Development is subject to the uses and regulations listed in the District, and are processed by Administration. Approvals and rights to appeal follow standard procedure, unless a use not listed in the District is approved by Council.

 

Bylaw 13/2020 - Land Use Bylaw Text and Schedule F Amendment

 

                     Land Use Bylaw text amendments to the Direct Control Mixed Use (DCMU) District increasing allowable building heights

                     Addition of a schedule to specify building height locations.

 

 

STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT

Open house summaries and correspondence from the public through the notification process can be found in the attached Previously Distributed material.

 

IMPLICATIONS OF RECOMMENDATIONS

While the technical challenges have largely been addressed by the applicant (subject to detailed design) Administration believes there are aspects of the conceptual design of the proposed site that do not achieve accepted best practices of urban planning, particularly related to height and building height transition to the existing low density residential built form. 

 

As indicated above Administration recommends that both Bylaw 11/2020, to amend the Oakmont Area Structure Plan to enable mixed use land uses, and Bylaw 12/2020, to redistrict the subject properties from DC to DCMU, receive second and third reading. Administration does not support the proposed amendment to the DCMU District, which results in changes to the Height Schedule and associated text changes. As such, Administration recommends defeat of the second reading of Bylaw 13/2020.

 

Financial:

 

Provided in the Previously Distributed - May 19, 2020 attachment to the report.

 

Program or Service

 

Improvements will be required to support this development. Please refer to the Previously Distributed - May 19, 2020 attachment.

 

Organizational:

None at this time.

 

 

ALTERNATIVES AND IMPLICATIONS CONSIDERED

If Council does not wish to close the public hearing, or if a motion to close the public hearing does not pass, consideration of the following Alternative Recommendation would be appropriate:

 

1.                     That the public hearing be adjourned to June 29, 2020.

 

If Council feels that all of the requests within the application are appropriate for the subject site, the following motions would be appropriate:

 

1.                     That the Public Hearing be Closed

 

2.                     That Bylaws 11/2020, 12/2020 and 13/2020 be read a second time.

 

3.                     That Bylaws 11/2020, 12/2020 and 13/2020 be read a third time.

 

 

If Council does not wish to support Administration’s recommendations, the following alternatives could be considered:

 

1.                     Defeat motions for Second or Third Readings of Bylaws 11/2020, 12/2020, and 13/2020.  An implication would be that the applicant cannot re-apply within six months for the same or substantially similar amendments to the Oakmont Area Structure Plan or the Land Use Bylaw.

 

 

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Report Date: June 22, 2020 

Author:  Suzanne Bennett

Department:  Planning & Development

Deputy Chief Administrative Officer: Kerry Hilts

Chief Administrative Officer:  Kevin Scoble