Given that Area Q is not a separate legal entity, and the legislative body governing land use and other development regulations for Area Q is Leduc County, what legal mechanism will be used to ensure that the preferences of Area Q residents will be represented fairly and accurately in any new legislation enacted by the County?

A public hearing, which is legally required under the Municipal Government Act (MGA), gives the opportunity for any affected parties to address Council directly about the content of the ASP. This can be done in writing or verbally at the hearing itself. The public hearing will be advertised for at least two consecutive weeks, as is required by the MGA. These advertisements will provide information about the date and time of the public hearing, as well as information on how ratepayers can submit feedback to Council. In preparation for the hearing, County staff will prepare a report with their recommendation to Council.

Describe how the Area Q Area Structure Plan (ASP) would become law.

In order to become a legal document, a plan must be adopted as a bylaw under the Municipal Government Act (MGA). This process requires that the County conducts three readings as well as a public hearing. The MGA states the advertisement requirements as well as the sequence in which everything has to happen in order to be legal.

In addition, the Area Q ASP may have to be submitted to the Capital Region Board (CRB) for approval before the County can adopt it. Once a final draft has been prepared, the County will have to evaluate the CRB regulation criteria and decide if the plan has to be submitted or not. If the plan has to go to the CRB, this will be required after 1^st reading has been given. If the ASP is approved by the CRB, Council may give the bylaw third reading, and the Plan would become a legal document.

To the extent that the ASP may differ in desired outcome with other residents of Leduc County outside Area Q, how will this difference be resolved? Who will arbitrate? What public consultation will be performed? What conflict resolution mechanisms are in place?
 
It is Councils obligation to consider all information received at the public hearing and decide on the fate of the proposed plan. Council evaluates each plan on a case-by-case basis, and makes a decision which it hopes reflects the best interest of the community. It is common practice to refer the content of the public hearing to County staff in order for them to analyze all the data and provide Council with options and recommendations. However, it is important to note that Council will weigh all the information brought forward at its own discretion, and the decision to adopt or not adopt a plan is within their authority under the MGA.  

Exactly how will the ASP be certified as being complete, accurate and reflecting the will of the residents before it is passed to Council for codification into law? Describe the process, who makes this determination, and when.
 
All the comments and information received from the public, either from public consultation events or through other channels, is used by the planning team (County staff and consultant) in order to prepare the draft ASP. Once the planning team is satisfied that the content is in the best interest of the community and the County in addition to meeting the requirements of the MGA, a draft will be submitted to Council. At that point, Council will have to decide if the draft will be send to a public hearing or if amendments to the draft plan are required.

As of February 2012, the planning team is still analyzing the information gathered and will be preparing a recommendation to Council about the next step in the process.

Will the ASP expropriate any properties or remove any property-owner rights to the enjoyment and use of properties? If yes, will it or any subsequent interpretations of it include language guaranteeing that fair market value compensation be paid to the owner?

It is not anticipated that this ASP would require the expropriation of any properties. Expropriation is normally required when land is need for infrastructure or special projects and negotiations have failed. Property owner rights are regulated by the Land Use Bylaw (LUB). The LUB states which land uses are permitted, where they are allowed, and what rules have to be followed. Leduc County’s LUB is available for consultation at Leduc County Centre or on our website at www.leduc-county.com.

If ASP mandated development affects property values negatively (ex. sewer stations or transmission lines built on adjacent land), will the ASP include language guaranteeing fair market value compensation be paid to the owner? 
 
An ASP doesn’t mandate development. It sets a concept for the future and provides direction for the area to evolve. The implementation of the plan only happens as the landowners decide to launch their projects and if the County decides to undertake actions or improvement on public land. If a project is heading in the same direction as the plan, then it may be accepted, and if it isn’t heading in the same direction as the plan, then the proponent may have to apply for a plan amendment or conduct some changes to their project.

To what extent is the ASP plan subject to interference from the Capital Region Board? For example, if we express a desire for no high density urban development, can we be overruled by the Board, Leduc County Council, or anyone else?
 
The Capital Region Board regulation states that a municipality cannot adopt a plan or undertake any actions that are not in compliance with the Capital Regional Plan. Therefore Leduc County is bound, like all the other participants, to the Capital Region Plan.

How will infrastructure be funded in the area if the ASP were to call for it? Describe the sources available. 

It is County practice that developers are made responsible for paying for the infrastructure. However, other funding sources exist such as local improvement bylaw, redevelopment levy, municipal loans, etc. Until a draft plan is prepared and potential upgrades to infrastructure (roads, water, waste/storm water) are identified, funding sources have not been finalized.

Is the County contemplating any change to existing tax laws in order to fund the ASP? Describe any real or potential changes that Council or County staff is considering at this time. 

Funding of the Area Q ASP is being achieved through existing taxation, reserve, and stabilization funds. County Council has been investing in planning for several years in order to maximize land utilization, minimize land use conflict, and protect special areas. At the present time, administration doesn’t anticipate changes to the taxation laws as a result of the Area Q ASP being prepared.

Quantify the public input into the AQSP. Is there a minimum threshold of participation that must be met before the public is considered to be "adequately consulted"? What metrics do you collect to make this determination? Who is responsible for this determination?
 
There is no minimum requirement of public input during a plan process. The reality is that often very few people decide to get involved in such processes for a variety of reasons. Leduc County has been fortunate to have had steady stakeholder participation in the last few years, and it hasn’t been uncommon to see 100 or more people at a public meeting.

In order to increase public participation, the County is advertising at County Centre in our Planning & Development offices, in local newspapers and on our website at www.leduc-county.com. There is an opportunity on our website for interested persons to submit their contact information so that we can send them additional information. County staff is also hoping that those who attend public consultation events discuss it with other members of the community in order to engage them and solicit more feedback.

Is it the intent of the Capital Region Board and/or County designated officials to increase population density in the area?

The Capital Region Plan aims at increasing population density by setting density requirements at 2 dwelling units per hectare, as well as requiring the cluster-built form. The cluster-built form divides quarter sections into up to 129 lots, grouping development into a condensed area and leaving more room for natural areas. This is to increase sustainability, diminish the amount of land dedicated for country-residential per quarter section (size of lots would typically be 0.5 to 1 acre) and maximize the amount of land use for other rural purposes.

What protections will be enacted in this ASP to protect our water table from depletion and contamination by new developments?

The ASP will contain a servicing strategy for the plan which must accomplish the following:

• Enable and support the desired growth
• Evaluate the possibility of servicing existing development
• Not negatively impact the existing servicing strategy

This servicing strategy will have to conform to all Acts and Regulations from each of the three levels of government. It is important to understand that the servicing strategy will be integral to the ASP, as one cannot work without the other. There is no need for infrastructure if there are no land uses, and we can’t enable land uses that we can’t service.

The ASP will also contain policies about the environment. If the water table is an important issue within the community, it will likely be inserted into the policy framework.


Will the Area Q ASP require any changes to individual septic systems that exist today?

The ASP will address existing septic systems and future servicing needs. The ASP will contain policies and objectives consistent with current legislation (Alberta Private Sewage System Standard of Practice, 2009). The Area Q ASP could contain language about changing the requirements of waste water management if there was rational behind such considerable intervention. Understanding that such measures are feasible but are very costly and complex, Council and the community would need to justify using alternative methods to deal with waste water.

Reasons to support such change could be health issues, environmental concerns or the desire to change the type of development happening in the area. For the time being, it is the responsibility of each owner to ensure that their existing system is maintained and operating as designed. If this is not the case, please contact your installer to have the system verified and any problems resolved.

Will the ASP address existing road maintenance issues in the area?

The ASP will contain language about the road infrastructure in the servicing section. In addition the implementation section could contain a strategy about how to address the issues identified and support future land use. This strategy will take shape in the planning process, as the planning team interacts with the community.

Who is the monitoring entity that will ensure the AQSP is being adhered to by the County and any new developers in the area? How will they make this determination? What recourse will we have after the ASP passes into law, if we determine that the plan is being contradicted?

An ASP is a document that the community, developers, stakeholders, County staff and Council will be using in order to evaluate and recommend future projects. Considering that plans can be amended through public process (under the MGA), in the event that the Council would consider a project that is not in compliance with the plan there would need to be a public consultation process. If stakeholders believe that the ASP is not being adhered to, they should bring their concerns to the attention of Leduc County council, as Council is ultimately responsible for making sure that the plan is implemented properly.