1:30 pm 2. AbbeyField House Society of High River Representatives Request for Funding

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1 MUNICIPAL DISTRICT OF FOOTHILLS NO. 31 November 7, 2018 Location: M.D. of Foothills Administration Office 309 Macleod Trail South High River COUNCIL AGENDA A. GENERAL MATTERS 1. Call Meeting to Order 2. Approval of the Agenda as Distributed 3. Consideration of Additions to the Agenda 4. Minutes October 24, Accounts November 7, 2018 B. PUBLIC WORKS/ENGINEERING C. PUBLIC HEARINGS & MEETINGS Bill Robinson 10:00 am 1. Budget Discussion 1:30 pm 2. AbbeyField House Society of High River Representatives Request for Funding D. MISCELLANEOUS PLANNING ITEMS Pg. 3 *1. Michael Brockmann & Michael Skrobot SE W5 Bylaw 8/2018 (Site Plan Revision) T. Chipchase Pg. 10 *2. Charlotte McEachern NW W5 Bylaw 13/2018 (2 nd & 3 rd Reading) T. Chipchase Pg. 15 *3. Eldon Eadie SW W5 Request for Water Connection to Proposed Subdivision J. Edgington Pg. 17 *4. Country Lane Estates Development Permit 18D 159 Freestanding Gazebos (Postponed Item from October 24, 2018) H. McInnes Pg. 26 *5. Draft Land Use Bylaw Amendments C. Carr Pg. 44 * Alberta Ltd. / Mike Macklin Development Permit 18D 189 Addition to Existing Building - B. Bartnik E. SUBDIVISION APPROVING AUTHORITY ITEMS Pg. 61 *1. Charlotte McEachern NW W5 Subdivision Approval T. Chipchase Pg. 69 *2. Homes By Campbell Construction Ltd. / Alan Campbell SW W4 Subdivision Approval T. Chipchase

2 Pg. 77 *3. Jeffrey & Chad Kromm NW W5 Boundary Adjustment D. Granson Pg. 87 *4. Henry & Maureen Bruch NW W5 Subdivision Approval L. Cox F. MISCELLANEOUS MUNICIPAL ITEMS th Street Questionnaire Responses (Postponed Item from October 24, 2018) Jeff Edgington 2. Closed Meeting of Council Legal Item D. Beaudette, H. McInnes & R. Payne G. NEW BUSINESS 1. Committee Reports H. OTHER MATTERS 1. Adjourn 2. Next Meeting November 14, 2018 at 9:00 am 3. November Accounts Review Councillors: R.D. McHugh, S. Oel and J. Parker

3 MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL SITE PLAN REVISION November 7, 2018 REQUEST FOR REVISIONS TO APPROVED SITE PLAN APPLICATION INFORMATION FILE NO. 17R070 LEGAL DESCRIPTION: SE W5M, Plan , Block 2, Lot 1 LANDOWNER: Michael Brockmann and Michael Skrobot AGENT: none AREA OF SUBJECT LANDS: Acres CURRENT LAND USE: Country Residential District. PROPOSAL: Amendment to the Country Residential District land use rules to allow for the future subdivision of one 5.0 +/- acre lot, with an /- acre balance. DIVISION NO: 4 COUNCILLOR: Suzanne Oel FILE MANAGER: Theresa Chipchase PURPOSE OF REQUEST Request to Council to allow revisions to the approved site plan for Michael Brockmann and Michael Skrobot in the SE W5M, Plan , Block 2, Lot 1, in order to accommodate a water well on the proposed lot in accordance with the following condition of first reading approval to Bylaw 8/2018: Proof of adequate water supply provided for both the new lot and the balance in accordance with the Provincial Water Act, to the satisfaction of the Municipality. BACKGROUND February 21 st, 2018 Council gave first reading to Bylaw 8/2018 authorizing an amendment to the Country Residential District land use rules to allow for the future subdivision of one new 5.0+/- acre lot from Plan , Block 2, Lot 1; PTN: SE W5M. The 5.0 acre lot will be dedicated as Country Residential Sub district A. October 25 th, 2018 After proof of water was unattainable within the boundaries of the proposed parcel, the applicants have provided staff with a letter of request and a site plan revision for Council s consideration, attached to this staff report as Appendix B. 3

4 REQUEST OF COUNCIL Council is respectfully requested to consider the revisions to the applicant s current site plan which would add approximately 1.4 +/- acres to the proposed parcel, bringing the approximate lot size from 5.0 +/- acres to 6.4 +/- acres, in order to provide compliance with the proof of water condition required for the proposed parcel. APPENDICES APPENDIX A - MAP SET: Location Map Original Site Plan Revised Site Plan Ortho Photo APPENDIX B: Letter from Applicant 4

5 APPENDIX A: LOCATION MAP Tsuu T ina First Nations City of Calgary Priddis Hwy 22 ORIGINAL SITE PLAN Hwy 22 Hwy 2 Hwy 552 Subject Parcel 5

6 ORIGINAL SITE PLAN 6

7 REVISED SITE PLAN PROPOSED LOT SHAPE REVISION IDENTIFIED BY SOLID RED LINE 7

8 ORTHO PHOTO 8

9 APPENDIX B: LETTER OF REQUEST FROM APPLICANT S 9

10 MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL SECOND AND THIRD READING TO BYLAW 13/2018 November 7, 2018 REQUEST FOR SECOND AND THIRD READING TO BYLAW 13/2018 APPLICATION INFORMATION FILE NO. 17R072 LEGAL DESCRIPTION: NW W5M, Plan , Block 4, Lot 1 LANDOWNER: Charlotte McEachern AGENT: None AREA OF SUBJECT LANDS: 9.49 Acres CURRENT LAND USE: Country Residential District PROPOSAL: Amendment to the Country Residential District land use rules to allow for the future subdivision of one new 3.5 +/- acre lot with a /- acre balance. DIVISION NO: 5 COUNCILLOR: Alan Alger FILE MANAGER: Theresa Chipchase PURPOSE OF REQUEST Request to Council to provide second and third reading to Bylaw 13/2018, as all conditions as put forth with first reading of this bylaw have been complied with. BACKGROUND March 23 rd, 2018 Council gave first reading to Bylaw 13/2018 authorizing an amendment to the Country Residential District land use rules to allow for one new 3.5 +/- acre lot from Plan , Block 4, Lot 1 PTN: NW W5M. Both the 3.5 +/- acre lot and the 5.99+/- acre balance are to be zoned Country Residential Sub district A. A condition of the approval required the applicant to provide a revised site plan that included ERE and driveways illustrated fully on the proposed and balance parcels, to be approved by the Municipality. The site plan was submitted and accepted by the Municipality. CONDITIONS TO BE MET AT AMENDMENT All conditions of Amendment have been complied with. 10

11 COUNCIL ACTIONS REQUESTED Request to Council to provide second and third reading to Bylaw 13/2018, as all conditions of the amendment approval have been complied with. APPENDICES APPENDIX A - MAP SET: Location Map Site Plan Ortho Photo 11

12 APPENDIX A: LOCATION MAP City of Calgary Hwy 22 Hwy 2 Hwy 552 Hwy 552 Hwy 549 Hwy 7 Okotoks Hwy 547 Subject Parcel 12

13 SITE PLAN 13

14 ORTHO PHOTO 14

15 Mustang Corp Box 540 Turner Valley, Alberta TOL2AO August 21, 2018 MD of Foothills Box 5605 High River, Alberta TlV IM7 Attention: Logan Cox RE: Request for council to consider water service to proposed subdivision Sir I would like to submit a new application to subdivide the portion of Plan , Block 1, Lot 3 that is situated west of highway 22. (see map attached). This subdivision was approved by council on April 12, 2007 subject to proof of adequate water supply. We drilled five wells without success. The new Millarville water line is now at the property line. Before I proceed, I would like to question Council as follows 1 Will council approve a water connection to this property? It is now occupied by a mobile home for farm help and served by a cistern. 2 Will a connection to the new waterline meet the requirements of adequate water supply? 3 Will the council allow the fees that have been paid to be transferred to the new application? Th~n~ you_ f~ Eldo~G7 Phone Cell eeadie@telus.net 15

16 (i) GLOBAL SURVEYS GROUP 1Ne 'riiu Rtobard /load S. '11. Celf."..,ubut. 138'LI "boat (403) 81J3-IS4M E-maU, addjjzj.t.bfj.~ lirou,.o. I.() ~ I <::::I t\j ~ t\j ~ I.J V) GOV RNItI N ROAD ALLOWANCE N.E.! r I I I I I ~12.6 ~i I", 1 1; ~ 18 I~ I~ ~I~I~ I~ 12- I~I~ tt tu I~ 81 I...; I I 1 Lot 2 1 (Po-t 2) I., I Plan : <;) I ~8.0 -< 48.0 boo' I, I ' I " I "- I ~ " -s';'<tlj.....;.. I~, I.....>6'''- '$),, I ho. <, I ',-::,0 I ' -L L...:~<:....1:::'-:..1 ọ,; ọ,.; ~ ~., Lot 2 (PDrl t) Plan 061 N. w.;( SITE PLAN SHOWING BUILDING ENVELOPE affecting Lot 2 (Part 2). Block 1. Plan and adjoining Government Road Allowance within S. ".~ Sec. 26. Twp. 20. Rge, 3, IYSth M UfWID 1, -' 2./oa,_"""_ CUO/T EIcIot1 EodIe AU: NO. 07XOlII02 $C.II. 1: 1SOD A.O _ Mlun4MI, A.L.S. Ono,," by: PIII'lIIO \.. Cooco G,S.G. FU NO. O7XO.lI102-~ftg 16

17 MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL DEVELOPMENT PERMIT APPLICATION November 7, 2018 APPLICATION INFORMATION FILE NO. 18D 159 DATE APPL. COMPLETE: July 26, 2018 LEGAL DESCRIPTION: E½ W4 LANDOWNER: Country Lane Estates APPLICANT: AGENT: Kimberley Zacharias PROPOSAL: Freestanding Gazebos on all 290 lots, subject to the Boards approval. DIVISION NO: 7 COUNCILLOR R.D. McHugh FILE MANAGER: Heather McInnes, Development Officer EXECUTIVE SUMMARY: Summary of Proposal The Condo Board is submitting this application on behalf of all the lot owners in the RV Park to allow for one 280 sq, ft. Gazebo on each lot, Owners are seeking refuge from the elements (bugs/sunshine) without being confined to their RV units. The Board feels this will also bring curb appeal to the park. Pertinent Site Considerations Located adjacent to the Sheep River Previous Council Direction (if applicable) Previous Councils have determined that adding more structures would negatively impact the emergency response plan for Country Lane. Policy Evaluation Reviewed within the terms of the Municipal Development Plan 2010 & Land Use Bylaw. Referral Considerations Referred to required Provincial and Municipal Departments. 17

18 PROPERTY DESCRIPTION MUNICIPAL ADDRESS: LEGAL LAND DESCRIPTION: E½ W4 LOCATION: Approximately ¾ miles north of the Aldersyde overpass and west of Highway #2 POLICY AREA: Paradise Ranch Area Concept Plan CURRENT LAND USE: Direct Control #10 District AREA OF SUBJECT LANDS: All 290 Lots within the Park PURPOSE OF APPLICATION: To allow for up to one gazebo up to 280 sq. ft., per property. Currently on the property the owners are permitted to have on their site a RV or Park Model Mobile Home, a deck not to exceed 360 sq. ft. and one shed to a maximum of 150 sq. ft. The RV Condo Board is making an overall Development Permit for the park on behalf of the owners to ensure that all gazebo s meet the guidelines for the MD of Foothills and further regulated by the Condo Board to ensure that the 60% lot coverage is not exceeded and setbacks are maintained. The Board has a process where by all improvements to a lot must be approved by the Board / Park Manager through an application for Lot Improvement process and guidelines. Currently the park has three types of gazebos, pictures are attached to the staff report. There are 13 Type 1 s ; 40 Type 2 s and 2 Type 3 s, with 57 in total that exist within the park. The majority of gazebos are easily set up and taken down during the season and put away for the winter. In the event of a flood, the owners are responsible to take down the gazebo structure just as they are for all items on their lots. As it is the individual lot owners responsibility to remove them, they would also run the risk of losing them if they cannot have them removed. Background: The Country Lane RV Park was created back in 2003 under a condominium corporation, with individually titled lots. As RV s cannot be considered a permanent dwelling under the Alberta Building Code, Council approved the Development Permit for a maximum of 200 day stays. Those 200 day stays are left up to the condo corporation to determine and it was decided that the park closes over the winter months. An Emergency Response Plan was developed with this park when it was created. Direct Control District: If the Council of the Municipality wishes to exercise particular control over the use and development of land or buildings within an area of the Municipality, it may designate that area as a Direct Control District. The Council may, subject to any applicable statutory plan, regulate 18

19 and control the use or development of land or buildings in the district in any manner it considers necessary, which is found in Section 641(2) of the Municipal Government Act. The Council may decide on a development permit application or may delegate the decision to a development authority with directions that it considers appropriate. There is no appeal to the Development Appeal Board on decisions made by Council on a Direct Control District. Once you have rendered your decision, including conditions, that decision is final. There are permitted and discretionary uses found under each Direct Control District. If Council is dealing with a permitted use, you must approve the application, with or without conditions. If Council is dealing with a discretionary use, you have the discretion to either refuse the application with reasons or approve the application with or without conditions. SITE CONSIDERATIONS: Access: Access is by way of 79 th Street East which is a Municipal Service Road, adjacent to Highway #2. Current Land Use: Subject Parcel: Direct Control #10. Adjacent Lands: Mixed uses consisting of DC#10, Agricultural to the north, Industrial Natural Resources to the south and CR across the Highway to the east. POLICY EVALUATION: South Saskatchewan Regional Plan: This proposal is generally aligned with the policy direction of the South Saskatchewan Regional Plan (SSRP). Land Use Bylaw: Under the Direct Control #10 District, Gazebos are considered an Accessory Building, which are listed as a Discretionary Use under this District. CIRCULATION REFERRALS REFEREE COMMENTS 19

20 CIRCULATION REFERRALS INTERNAL Engineering / Public Works Emergency Services Building & Safety Codes Fire Department EXTERNAL Alberta Environment and Parks Alberta Health Services PUBLIC Western Wheel No Comment Would prefer the EMR to be updated with a more strategic plan outlining how fast the structure can be taken down and who would be responsible if the owner is unavailable to take them down in an emergency. Our goal is to not have these structures fall into the river in flood events. The Director of Emergency Management felt that structure #2 would be the easiest to have removed in the event of an emergency or a soft top. The Gazebo requires a building permit if they are larger than sq. ft. (10 sq. m.). If they wish to add lights an electrical permit will also be required. Fire pits cannot be located under the Gazebo or within 3 meters of the structure. Did not provide comment No objections Do not need to advertise on a miscellaneous Council item SUMMARY The Board, on behalf of all Country Lane Estate Lot owners, are asking for up to one maximum 280 sq. ft. gazebo per lot on the existing 290 lots. OPTIONS FOR COUNCIL CONSIDERATION: OPTION #1 APPROVAL Council moves to approve one Gazebo, per lot, within Country Lane Estates, subject to the following conditions: Recommended Conditions for Option #1: PRE-RELEASE CONDITION (must be complied with before this permit will be signed and considered active): 20

21 1. The applicants must ensure that the Emergency Response Plan is updated for the entire park and approved by the Director of Emergency Management of the MD of Foothills and must include a strategic plan outlining how the structures would be dismantled and in the case where the owners cannot dismantle their own gazebo s what type of back-up plan the Condo Board would have in place; ADDITIONAL CONDITIONS: 2. This application approves one gazebo, no larger than 280 sq. ft., per lot, provided the condo board approves each individual request to ensure all aspects of the Direct Control District have been complied with, including the minimum setback distances and compliance with the maximum lot coverage of 60%; 3. The gazebo must be soft tops only, as this is the easiest structure to come down if evacuation under the Emergency Response Plan is necessary; 4. Any gazebo that is larger than sq. ft. (10 sq. m.) must obtain a building permit from the Safety Codes Department of the M.D. of Foothills; 5. Any lighting within the gazebo must have an electrical permit in place from the Safety Codes Department, no extension cords are permitted for this use and must meet the requirements of the Dark Sky Bylaw; 6. No topsoil shall be hauled off the said land nor shall the placement of this building be permitted to alter the natural drainage of the property; 7. Fire pits cannot be located under the Gazebo or within 3 meters of the structure; 8. A yearly review of the Emergency Response Plan will be required; 9. The applicant shall be responsible for payment of any professional costs including legal fees that may be incurred by the Municipal District with respect to the development approved on this permit; OPTION #2 REFUSE APPLICATION Council moves to refuse the application as it is the opinion of Council that the additional structures would delay the ability to fully implement the Emergency Response Plan in the event of an evacuation. APPENDICES APPENDIX A: MAP SET: LOCATION MAP HALF MILE MAP ORTHO PHOTO GAZEBO TYPES Currently within the park 21

22 GAZEBO TYPES CURRENTLY WITHIN THE PARK 22

23 LOCATION MAP Country Lane Estates 23

24 24 HALF MILE MAP

25 25 ORTHO PHOTO

26 REQUEST FOR MOTION OF COUNCIL MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL November 7, 2018 TOPIC: Council s review of draft land use bylaw amendments for a future public hearing on: a. Secondary suites b. Additional, Temporary and Move-on Dwellings; PROPOSAL: Requesting Council comments on draft land use bylaw amendments prior to setting a public hearing date. FILE MANAGER: Coreena Carr, Planner PURPOSE OF REQUEST: Request that Council consider the following: draft land use bylaw amendments for public hearing: a. Amendments for the accommodation of secondary suites on Agricultural and Country Residential District parcels; and b. Amendments pertaining to additional, temporary, and move-on dwellings. BACKGROUND: January 10, 2018, Council authorized staff to proceed with a public engagement process to see if the residents of the municipality support amending the land use bylaw to accommodate secondary suites in Foothills. In March 2018, a series of three open houses were held throughout the Municipality to allow the residents to review information about secondary suites and provide their opinion on allowing this use in the Municipality. All the information provided at the open house was made available on-line, so those residents who were unable to attend any of the three open houses would still have an opportunity to review the material and provide their thoughts on secondary suites. In June 2018, we held a second series of four open houses throughout the MD. We provided information in a format of What we Heard from the March public engagement along with draft policy direction in the form of What we are Doing in response. The June 2018 engagement focused on Phase I, secondary suites on parcels 2 acres in size and larger. We did include one question with regards to concerns with temporary mobile homes in the municipality as part of our public engagement. September 12, 2018, Council acknowledge the summary report What We Heard June 2018 from the June public engagements and authorized the document be posted on the municipal website for public information. 26

27 LAND USE BYLAW AMENDMENTS Staff has drafted land use bylaw amendments for secondary suites for parcels 2 acres in size and larger (Phase 1) further to the public engagement process in June. The draft land use bylaw amendments are included in Appendix A. In conjunction with the above amendments, staff has proposed some additional land use bylaw amendments to provisions on dwellings for consideration by Council. These draft changes will be submitted to Council in a handout for discussion purposes at the regular November 7 th meeting of Council. REQUEST OF COUNCIL: It is requested that Council consider the following motion: Council authorize staff to proceed with a public hearing for draft land use bylaw amendments for Secondary Suites, Additional Dwellings, Temporary Dwellings, and Move on Dwellings in accordance with the Council discussion. APPENDICES: APPENDIX A: Draft Land Use Bylaw Amendments for Secondary Suites 27

28 DRAFT LAND USE BYLAW AMENDMENTS FOR SECONDARY SUITES PHASE 1 The following amendments to the Land Use Bylaw are proposed: 1. SECTION DEFINITIONS DWELLING, SECONDARY SUITE UNIT SECONDARY means a subordinate dwelling unit located on a parcel in addition to the principal dwelling unit, which constitutes a self-contained living accommodation unit comprised of kitchen facilities (including 220 wiring to allow for a range, oven or cook top stove), sleeping amenities, and washroom facilities consisting of a full bathroom including tub and/or shower fixture and has a separate entrance or includes a door which can be physically closed or locked off from the remainder of the principal dwelling. A dwelling, secondary suite may include a secondary suite, principal, or a secondary suite, accessory, or a secondary suite, detached but does not include a Tourist Home. SECONDARY SUITE, PRINCIPAL means a dwelling, secondary suite, located within the principal dwelling unit or above an attached garage in accordance with Section xx of this bylaw. SECONDARY SUITE, ACCESSORY means a dwelling, secondary suite, located within an accessory building, detached garage, or arena, which is subordinate to the principal dwelling on the same parcel. Secondary suite, accessory shall constitute part of the total lot coverage and falls within the maximum size allowable under Section or that complies with an approved development permit for an oversized structure and developed in accordance with the provisions under Section XXX Secondary suites. SECONDARY SUITE, DETACHED means a detached dwelling, secondary suite, which is subordinate to and smaller than the principal dwelling located on the same lot and shall fall within the maximum size allowable under Section or that complies with an approved development permit for an oversized structure and developed in accordance with the provisions under Section XXX Secondary suites. 2. AGRICULTURAL DISTRICT Add the following uses: Secondary suite, principal permitted use; Secondary suite, accessory permitted use o Secondary suite, detached permitted use Add the following to Development Requirements: Maximum Dwelling Density The base density for parcels shall be one dwelling unit per parcel on under 80 acres and two dwelling units per parcel 80 acres or more in size. Additional dwelling units in the form of an additional dwelling, a secondary suite, or a dwelling, temporary may be considered in accordance the maximum density under and in accordance with provisions under Section x on Suites and Section on Dwellings. a. Maximum dwelling unit density for parcels 80 acres and larger shall be three units per parcel; b. Maximum dwelling unit density for parcels under 80 acres shall be two units per parcel. 28

29 3. COUNTRY RESIDENTIAL DISTRICT Add the following uses: Secondary suite, principal - discretionary use Secondary suite, accessory discretionary use Secondary suite, detached discretionary use Add the following to Development Requirements: Maximum Dwelling Density Maximum dwelling unit density for each parcel is one single family dwelling and either one additional dwelling, one secondary suite, or one dwelling, temporary in accordance with Section x Secondary Suites and Section on Dwellings. 4. NEW SECTION - SECONDARY SUITE POLICIES: GENERAL POLICIES A secondary suite may be located within a principal dwelling unit, within an accessory building or detached garage, or as a secondary suite, detached as per the definitions in Section 2.5 in accordance with all provisions under this section; A secondary suite shall be subordinate to a principal dwelling and shall only be located on a parcel where secondary suite, principal, secondary suite, accessory, or secondary suite detached is listed as a permitted or discretionary use under the appropriate land use district; Where a secondary suites is a permitted use under the applicable land use district but does not meet all other provisions under this bylaw, it shall be considered a Discretionary use; A Development Permit shall be obtained for all secondary suites in the Municipality; All secondary suites shall have an approved building permit and shall comply with all applicable building and safety code requirements; All secondary suites shall comply with the land Use and development requirements such as height requirements, setback regulations, dwelling density, and lot coverage, for the applicable land use district; A secondary suite shall not be operated as a tourist home or as a short term vacation rental unit or include a home based business minor or major, or bed and breakfast; A parcel shall be limited to one secondary suite, of any form; Occupancy shall be restricted to a maximum of a maximum of two bedrooms per suite; (Building Code restricts two people per bedroom) Secondary suites shall meet the following size requirements: a. The maximum size of a secondary suite, principal shall be no larger than 40% of the gross floor area of the principal dwelling; When determining % of principal dwelling, the floor area excludes garage area, and common areas of egress. b. The maximum size of a secondary suite, accessory shall be the lesser of the following: 29

30 i. 80 sq. m (861 sq. ft.) habitable floor area; or ii. Maximum size equal to 50% of the gross floor area of the subject accessory building. c. The maximum size of a secondary suite, detached shall be 80 sq. m (861 sq. ft.) habitable floor area; Secondary Suite, accessory and secondary suite, detached shall be considered as part of the total allowable number of accessory building and total accumulated area of accessory buildings in accordance with parcel size as identified in Table A of the Land Use Bylaw; All secondary suites shall provide proof of adequate sanitary sewer servicing to the satisfaction of the Development Authority consisting of either: a. A suitable and adequately sized private sewage treatment system. The applicant must indicate how the sewage from the secondary suite is to be managed. Where an existing private sewage treatment system is being used, a letter from a certified septic installer confirming that the existing system can adequately manage the additional waste; or confirmation that the system has been adequately sized to accommodate the additional waste and the location is suitable. b. Sewage disposal connected to an approved piped communal collection system. A letter providing conformation from the sewage disposal operator that the system has adequate capacity to for the additional sewage and authorizing the approval to connect A secondary suite, accessory and secondary suite, detached shall provide proof of adequate water servicing consisting of either: a. A groundwater well with confirmation submitted to the Development Authority that the well produces an adequate quantity and there is no interference with existing local wells. Where there are 6 or more lots within the quarter-section, the applicant must provide the results of a groundwater interference report, prepared by a qualified consultant licensed by APEGGA to the Development Authority confirming the additional water use for the secondary suite will not interfere with any existing household users, licenses, or traditional agricultural users; b. An acceptable water source connected to a piped communal distribution system. A letter shall be submitted to the Development Authority providing confirmation from the water supplier indicating the water for the proposed secondary suite is available and has been secured; Each secondary suite shall provide a minimum of one on-site parking space in accordance with Section 9.19 of this bylaw; Each secondary suite shall have its own distinct Municipal address to facilitate accurate emergency response; All restrictive covenants existing on title shall be submitted with applications for secondary suites. The Development Authority may refuse secondary suites on parcels where the covenant on title is in contradiction with the use of the land; A detached secondary suite shall not be a mobile home; 30

31 A detached secondary suite shall be constructed in close proximity to the principal residence: a. Minimum 5.6m (18.37 ft.) separation; b. Maximum of 25m (82.02 ft.) separation between suite and principal dwelling; Permit Considerations In considering a Development Permit application for secondary suites, the Development Authority may consider factors such as: a. Any significant adverse impacts on the adjacent properties and dwellings (for example: drainage, fire protection, access, etc.); b. adequate water and waste water services for the additional use on the site; c. the architectural character of the secondary suite, including: i. it is desirable that the materials and character of the secondary suite be similar to the principal dwelling on the site; ii. in the case of a secondary suite, principal, the use of design strategies that minimize structural changes to the exterior of the principal iii. dwelling, so that it maintains the appearance of a single dwelling; and the availability of an indoor storage area located on the property for use of the residents of the secondary suite to minimize visual impact to neighboring properties; d. site design features, including: i. the location of the secondary suite, with preference for its close proximity to the principal dwelling so as to appear as a related building; ii. iii. the need for landscaping or screening to provide privacy between the secondary suite and adjacent properties and dwellings; the need for adequate space to accommodate parking and loading for use by residents of the secondary suite; e. the use of water conservation measures such as low-flow toilets, shower heads and other water conserving devices; and f. such other considerations as the Development Authority may deem to be relevant. All secondary suites, with a valid Development Permit will be recorded on the Secondary Suite Registry for public information; 5. SECTION 5.6 VARIANCES Within one year from the date the secondary suite provisions were adopted under Bylaw XX/18, the following variances may be considered: a) Development Authority may issue a Development Permit for an oversized secondary suite if: i. The secondary suite existed prior to the date of the adoption of these regulations; ii. The secondary suite is no more than 25% greater than the size permitted under Section X.X Secondary Suites; iii. A complete Development Permit application has been received within one year of the date of adoption of these land use bylaw provisions; 31

32 6. SECTION 9.19 PARKING b) Variance to building setbacks and separation distances may be permitted for suites existing prior to the date of the adoption of these regulations, where it does not materially interfere with or affect the use, enjoyment, or value of the neighboring properties and the amount of the variance does not exceed 25% of the required setback distance, or does not exceed 10% of the maximum cumulative area for accessory buildings, or does not exceed 10% of the required maximum floor area for a suite within a dwelling. Add the following to Table 9.19 Parking Requirements for residential and residential related land uses: Secondary Suite - 1 additional on-site parking space per bedroom; 7. SECTION 10.4 BED AND BREAKFAST Add the following section: A bed and breakfast shall not be operated from a secondary suite. 8. SECTION HOME BASED BUSINESS Add the following section - Section A home based business, minor or home based business major shall not be operated from a secondary suite. 32

33 SECONDARY SUITE IMPLEMENTATION STRATEGY: A registry will be created and published on our Municipal website including all secondary suites that have obtained an approved Development Permit o This will allow all prospective tenants, landowners, realtors, and other interested parties to search legalized secondary suites located in the Municipality. Residents will be granted a one year period with which they have to bring existing unpermitted secondary suites into compliance and get all necessary approvals before commencement of enforcement. o Any suites reported/or found after the grace period has expired, will be subject to enforcement; The Building department will inspect existing secondary suites, upon request by the landowner, (for a fee set by Council added to the fee schedule), prior to application for Development Permit being made, and indicate to the landowner all requirements to bring the suite into compliance. o This will assist the landowners in knowing if the development can be upgraded to compliance or if they need to just remove the suite. Enforcement of non-compliance may consist of measures such as: i. Removal of the secondary suite from the property. i. All legal fees incurred by the MD to complete enforcement may be responsibility of the landowner. ii. Development Permit fee will be double (2X original application fee) for those secondary suites being brought into compliance after the one year grace period has expired; iii. Non-compliance fine may be established and imposed on secondary suites that proceed without the appropriate municipal approvals. Ongoing Public Education Following adoption of the policy, staff will develop information pamphlets on developing secondary suites in the Municipality and have them available through our Municipal website and over counter information handouts; Staff will keep residents informed of new rules, regulations, and land use bylaw amendments pertaining to secondary suites through our municipal website and applicable advertising; 33

34 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES WHAT WE HEARD (MARCH 2018) DRAFT POLICY DIRECTION WHAT WE HEARD (JUNE 2018) DRAFT POLICY SUPPORT FOR SECONDARY SUITES 90% of the respondents were supportive of accommodating Secondary Suites in the MD. Proceed with policy direction. 85% of the respondents noted no concerns with secondary suites on Agricultural parcels; and 79% of the respondents noted no concerns with secondary suites on Country Residential parcels. A secondary suite may be located within a principal dwelling unit, within an accessory building or detached garage, or as a secondary suite, detached as per the definitions in Section 2.5 in accordance with all provisions under this section; A secondary suite shall be subordinate to a principal dwelling and shall only be located on a parcel where secondary suite, principal, secondary suite, accessory, or secondary suite, detached is listed as a permitted or discretionary use under the appropriate land use district; Where a secondary suites is a permitted use under the applicable land use district but does not meet all other provisions under this bylaw, it shall be considered a Discretionary use; LOCATION OF SECONDARY SUITES Support was shown for accommodating Secondary Suites on parcels over 2 acres in size. Proceed in a phased approach Phase 1 parcels over 2 acre in size Phase 1: Develop policy to allow some forms of Secondary Suites on residential parcels over 2-acres in size. Agricultural, Agricultural Business, Rural Business, and Country Residential District parcels. Defer parcels under 2 acres and those in hamlets or hamlet style development to Phase 2. New Implementation Plan was presented at June public engagement. Questions were asked with respect to both Agricultural Size parcels (21 acres and over) and Country Residential parcels ( acres in size) Had one comment wanting 1 acres parcels included where parking is not an issue. Policy was developed allowing for Secondary Suites on Agricultural District and Country Residential District land uses. (See policy restrictions below) Development of Secondary suites on parcels under 2-acres and within the Hamlets was considered less appropriate. Phase 2: Develop policy to allow appropriate forms of Secondary Suite on residential parcels under 2 acres, further to additional community engagement with individual communities and Hamlets. Lands with area structure plan restricting to Single Family Residential only may be included in Phase 2 further to more consultation with individual communities. Phase 2 public engagement, policy direction, and drafting of future policy will begin further to completion of Phase 1. Future Planning Initiative Phase 2 Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments 34 1 P a g e

35 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES Locations of detached Secondary dwelling units should be carefully considered. Provisions may be imposed on detached secondary dwelling units dictating minimum parcel size requirements, and or specifying setback distances to adjacent parcels, screening requirements, or other conditions that may be necessary to reduce impacts on neighboring properties. Concerns were reiterated about the potential of secondary suites being subdivided off as principal dwellings; Placing the detached suites in close proximity to the principal dwelling puts the responsibility of tenant control and potential impact on the principal dwelling occupant more than the neighbors; A detached secondary suite shall be constructed in close proximity to the principal residence: Minimum 5.6m (18.37 ft.) separation; Maximum of 25m (82.02 ft.) separation between suite and principal dwelling; FORMS OF SECONDARY SUITES Desire to see forms of Secondary Suites are appropriate in comparison to parcel size. Each form of Secondary suites may be restricted to a minimum parcel size requirement under the appropriate land use district. (i.e. may decide to only allow suites within the principal dwelling on parcels under a certain size and may only allow detached secondary suites on parcels over 21 acres; Agricultural size parcels: 85% responded having no concern with any form of secondary suite on Agricultural parcels; All three forms of suites were favored evenly across the board on Agricultural parcels (68% 71%) All forms of Secondary Suite are permitted use on Agricultural parcels Secondary suite, principal permitted use; Secondary suite, accessory permitted use Secondary suite, detached permitted use Also, different forms of Secondary suite may be a permitted use in some land use districts and discretionary use in others to allow for Development Authority discretion and right of appeal in some areas; 10% responded not supportive of Secondary suites on Agricultural parcels: Country Residential size parcels: 78% responded having no concern with any form of secondary suite on Country Residential parcels; 71% of respondents support suites within the principal dwelling/attached garage on Country Residential parcels; All forms of Secondary Suites are a discretionary use on Country Residential parcels. Secondary suite, principal - discretionary use Secondary suite, accessory discretionary use Secondary suite, detached discretionary use 64% respondents support suites within accessory buildings/detached garage on Country Residential parcels; Only 47% of respondents support detached secondary suites on Country Residential parcels; 16% responded not supportive of secondary suites on country residential parcels at all. Make it easier for approval for mother in law suites and family members living on site; Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments 35 2 P a g e

36 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES NUMBER OF SUITES AND OCCUPANTS Limit the number of Secondary Suites allowed on a site. The number of secondary suites per parcel will be restricted and provisions pertaining to maximum number of residential units per parcel may be reviewed. Limiting the size of secondary suites is important to maintain the intent as a secondary suite rather than a second dwelling. Maximum Dwelling Density - Agriculture The base density for parcels shall be one dwelling unit per parcel on under 80 acres and two dwelling units per parcel 80 acres or more in size. Additional dwelling units in the form of an additional dwelling, a secondary suite, or a temporary dwelling, may be considered in accordance the maximum density under and in accordance with provisions under Section x on Suites and Section on Dwellings. Maximum dwelling unit density for parcels 80 acres and larger shall be three units per parcel; Maximum dwelling unit density for parcels under 80 acres shall be two units per parcel. Maximum Dwelling Density Country Residential Maximum dwelling unit density for each parcel is one single family dwelling and either one additional dwelling, one secondary suite, or one temporary dwelling, in accordance with Section x Secondary Suites and Section on Dwellings. A parcel shall be limited to one secondary suite of any form. Number of occupants of a Secondary Suite should be limited. There is no way for the M.D. to legally limit the number of occupants of a residence but limiting the size and number of bedrooms could help to address this concern. Multiple renters should be prohibited within one suite at a time; Tenants be limited to family members; Under the MGA, we can restrict the use of land but not the users. Limit the number of residents allowed per unit; Limiting the size will helps reduce number of occupants and potential impact on neighbors; Occupancy shall be restricted to a maximum of two bedrooms per suite; (Building Code restricts two people per bedroom) SIZE OF SUITES Secondary Suites should be limited in size The size of secondary suites may be restricted either through number of bedrooms, square footage, or percentage of principal dwelling size or a combination of these. Approximately 30% of the respondents noted that they felt there was no need for size limits on either form of secondary suite; All three forms of secondary suite emphasized size restrictions most by % of principal building (40%), then by maximum sq. ft.), and by way of limiting the number of bedrooms. 51% respondents felt that it was important that a secondary suite be smaller in size than the principal dwelling. Secondary suites shall meet the following size requirements: a. The maximum size of a secondary suite, principal shall be no larger than 40% of the gross floor area of the principal dwelling; When determining % of principal dwelling, the floor area excludes garage area, and common areas of egress. b. The maximum size of a secondary suite, accessory shall be the lesser of the following: i. 80 sq. m (861 sq. ft.) habitable floor area; or Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments 36 3 P a g e

37 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES Comments: Limiting the size helps maintain the intent as a secondary suite rather than a second dwelling; Wide range in size of homes in municipality makes % of dwelling more suitable; Make allowances for tiny home dwellings. This is overlooked in affordable housing; Secondary suites within accessory buildings and detached suites are already regulated in size because the number and total accumulated square footage of accessory buildings on a property is already regulated in the existing bylaw; Limiting the size and number of occupants helps reduce impact on neighbors; ii. Maximum size equal to 50% of the gross floor area of the subject accessory building. c. The maximum size of a detached secondary suite shall be 80 sq. m (861 sq. ft.) habitable floor area; Detached suites should be included with the number and sq. ft. accumulated accessory buildings on parcel; Secondary Suite, accessory and secondary suite, detached shall be considered as part of the total allowable number of accessory building and total accumulated area of accessory buildings in accordance with parcel size as identified in Table A of the Land Use Bylaw;; Landowners want assurances that Secondary Suites cannot be subdivided out in the future. Develop policy that preclude Secondary Suites outside of the principal dwelling (detached units and those in accessory buildings and garages) from being subdivided out in the future. Concerns were reiterated about the potential of secondary suites being subdivided off as principal dwellings; Where legislation gives council or a development authority discretion to make decisions, the authority must allow itself to consider each decision on its own merits; it must not fetter its discretion by applying a policy to secondary suites that impacts applications for subdivision potential without considering the specific facts of each case. We did however, draft a separation distance policy for detached suites. A relaxation would be required if Council chose to permit a subdivision between the two that met the setback requirements A detached secondary suite shall be constructed in close proximity to the principal residence: Minimum 5.6m (18.37 ft.) separation; Maximum of 25m (82.02 ft.) separation between suite and principal dwelling; We also limited the size of the detached secondary suites so that they are under the minimum habitable area per dwelling on Agricultural and Country Residential lands so they cannot be considered a dwelling. The maximum size of a detached secondary suite shall be 80 sq. m (861 sq. ft.) habitable floor area Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments 37 4 P a g e

38 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES SERVICING CONCERNS: Concerns with additional stress on water supply; Applications for Secondary Suites will need to include proof of an adequate water supply and propose means to ensure neighboring water supply is not impacted. Require detached secondary suites to have their own water supply and wastewater system; Suites have adequate water and wastewater servicing A secondary suite, accessory and secondary suite, detached shall provide proof of adequate water servicing consisting of either: a. A groundwater well with confirmation submitted to the Development Authority that the well produces an adequate quantity and there is no interference with existing local wells. Where there are 6 or more lots within the quartersection, the applicant must provide the results of a groundwater interference report, prepared by a qualified consultant licensed by APEGGA to the Development Authority confirming the additional water use for the secondary suite will not interfere with any existing household users, licenses, or traditional agricultural users; b. An acceptable water source connected to a piped communal distribution system. A letter shall be submitted to the Development Authority providing confirmation from the water supplier indicating the water for the proposed secondary suite is available and has been secured; Proof of water is not required for a secondary suite within a principal residence. A secondary suite can only add a maximum 2 bedrooms. There is currently no additional proof of water requirements for a 4-8 bedroom home above that which would be required for a 2 bedroom home. Need to ensure that sanitary sewer systems are properly addressed Applications for Secondary Suites will need to include proof that waste water systems are properly sized, designed, and engineered for the additional capacity of a Secondary Suite. Suites have adequate water and wastewater servicing All secondary suites shall provide proof of adequate sanitary sewer servicing to the satisfaction of the Development Authority consisting of either: a. A suitable and adequately sized private sewage treatment system. The applicant must indicate how the sewage from the secondary suite is to be managed. Where an existing private sewage treatment system is being used, a letter from a certified septic installer confirming that the existing system can adequately manage the additional waste; or confirmation that the system has been adequately sized to accommodate the additional waste and the location is suitable. b. Sewage disposal connected to an approved piped communal collection system. A letter providing conformation from the sewage disposal operator that the system has adequate capacity to for the additional sewage and authorizing the approval to connect. Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments 38 5 P a g e

39 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES Desire to make certain that the higher demand on services due to an increase in density is provided for (I.e. Schools, fire, policing, recreation services). Census calculations show the number of residents and the location of such in the MD of Foothills which is then correlated into necessary service requirements. Residents of Secondary Suites would be included in the census numbers. No policy amendment. CHANGE IN CHARACTER OF THE AREA Retaining the character of the area is important to residents. A Development Permit should be required for all Secondary Suites that are not located within the principal dwelling. Would like permits to be required in order to allow neighbors notification and potentially some say in the approval where they feel impacted. A Development Permit shall be obtained for all secondary suites in the Municipality; Secondary suites are considered discretionary uses on Country Residential parcels where neighbours are located in closer proximity to each other. Discretionary uses also allow a wider range of conditions to be imposed to resolve concerns and maintain area character as much as possible. See Permit Considerations below. Concerns were expressed with increased on-site storage including, but not limited to RV s, vehicles, and storage containers. The number of unlicensed vehicles and RV units on site are regulated on a per parcel basis based on parcel size and is not impacted by the number of dwelling units on site; Provisions may be imposed with requirements for on-site storage and availability of indoor storage areas provided by landowner. Concerns with increased storage on sites. A Development Permit shall be obtained for all secondary suites in the Municipality. Secondary suites are consider discretionary uses on Country Residential parcels where neighbors are located in closer proximity to each other. See Permit Considerations below. Conditions may be imposed as part of a Development Permit with respect to number of vehicles, storage areas, RV units and other considerations the Development Authority feel may impose significant adverse impacts on neighboring properties; Concern were noted with Secondary Suites being rented out and with absentee landowners. MGA does not have provisions for municipalities to regulate users, only uses and therefore this concern is above and beyond what could be regulated through the land use bylaw. MGA does not have provisions for municipalities to regulate users, only uses and therefore this concern is above and beyond what could be regulated through the land use bylaw A secondary suite shall not be operated as a tourist home or as a short term vacation rental unit or include a home based business minor or major or bed and breakfast; Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments 39 6 P a g e

40 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES Residents noted concerns with increased noise; traffic, light pollution, crime in their neighborhoods. Development Permit requirements for Secondary Suites as a discretionary use allow the Development Authority to impose additional conditions and allow neighboring properties to appeal applications that pose a threat. A Development Permit shall be obtained for all secondary suites in the Municipality; Secondary suites are consider discretionary uses on Country Residential parcels where neighbors are located in closer proximity to each other. See Permit Considerations below. The Community Standards Bylaw, addresses unsightly premises and nuisances such as noise or the accumulation of vehicles, equipment, refuse or other materials, The Dark Sky Bylaw provides a means to address light pollution. The June public engagement included questions on the Community Standards Bylaw No policy land use amendments made. The Community Standards Bylaw, addresses unsightly premises and nuisances such as noise or the accumulation of vehicles, equipment, refuse or other materials, The Dark Sky Bylaw provides a means to address light pollution. RCMP have the Criminal Code and other regulations in place that address crime and some types of nuisances. RCMP have the Criminal Code and other regulations in place that address crime and some types of nuisances. Home based businesses and/or Commercial development may be prohibited on parcels with Secondary Suites to eliminate additional traffic and parking needs on site in situations where these issues are of concern; No businesses should be allowed from suites; A secondary suite shall not be operated as a tourist home or as a short term vacation rental unit or include a home based business minor or major or bed and breakfast; Impact on view shed with increased development was noted Additional setback distances and/or separation distances may be imposed on Secondary Suites not located in an existing home to ensure that they are located appropriately. Restrict the height of buildings where suites are above garage or in accessory buildings to protect views; A detached secondary suite shall be constructed in close proximity to the principal residence: Minimum 5.6m (18.37 ft.) separation; Maximum of 25m (82.02 ft.) separation between suite and principal dwelling; Requiring a Development Permit for Secondary Suites that are detached or located within an accessory building or garage as a Discretionary use allow the Development Authority to impose additional conditions to ensure the Secondary Suite fits the character of the neighborhood and allows for appeal from neighboring properties; All secondary suites shall comply with the land Use and development requirements such as height requirements, setback regulations, dwelling density, and lot coverage, for the applicable land use district; A Development Permit shall be obtained for all secondary suites in the Municipality; Secondary suites are consider discretionary uses on Country Residential parcels where neighbors are located in closer proximity to each other. See Permit Considerations below. Ensure that Secondary Suites are aesthetically pleasing and complimentary to the principal dwelling A Development Permit should be required for a Secondary Suites where it is considered a discretionary use to allow for special provisions to be imposed such as architectural controls for design character and compatibility to principal dwelling, on site storage requirements, and landscaping and screening; The detached suites should complement the appearance of the principal dwelling. Ensure reasonable controls are put in place for appearance A Development Permit shall be obtained for all secondary suites in the Municipality; Secondary suites are consider discretionary uses on Country Residential parcels where neighbors are located in closer proximity to each other. See Permit Considerations below. Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments 40 7 P a g e

41 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES Accommodating adequate on-site parking may be a challenge in some areas and must be enforced. Conditions of the development permits for Secondary Suites can include conditions to ensure that an appropriate number of parking spaces are provided and that parking shall be restricted to private property where applicable. Parking requirements and vehicular traffic are important to residents. Each secondary suite shall provide a minimum of one on-site parking space in accordance with Section 9.19 of this bylaw; Increased number of dogs Current policy restricts the number of dogs allowed per parcel rather than per household. The additions of a Secondary Suite will not increase the number of dogs allowed on a parcel. Part of the public engagement in June involved review of the Responsible Dog Ownership Bylaw. No Land Use Bylaw policy changes proposed. Addition of secondary suites does not alter the number of dogs allowed on a parcel as the restriction is 3 adult dogs over the age of 6 months per parcel without a permit in accordance with the Responsible Dog Ownership Bylaw. Anything outside this requires a development permit. OTHER Recognition of the importance of suites meeting the necessary building and safety codes; There will be a requirement that applications be approved in accordance with the applicable Building Code, Fire Code, and Safety Code regulations to ensure safety. Construction of suites meet safety code and bylaw requirements such as setbacks All secondary suites shall have an approved building permit and shall comply with all the relevant Building and Safety Code requirement; All secondary suites shall comply with the land Use and development requirements such as height requirements, setback regulations, dwelling density, and lot coverage, for the applicable land use district; Individual addresses for suites should be required. Each secondary suite shall have its own distinct Municipal address to facilitate accurate emergency response Concerns with subdivisions that have restrictive covenants preventing suites; All restrictive covenants existing on titles that may affect the use of the site for more than single family dwelling and/or contain architectural controls, shall be submitted with applications for secondary suites. The Development Authority may refuse suites on parcels where the covenant on title are in contradiction with the use of the land; Require suites to be energy efficient. No policy Land Use Bylaw Amendment included in secondary suite provisions. People are allowed to make their homes energy efficient but we do not require outside of existing code requirements. Secondary suites must meet the building and safety codes and party of the current code is the energy code which has high standards for energy efficiency. Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments 41 8 P a g e

42 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES BRINGING EXISTING SUITES INTO COMPLIANCE Recognition of the challenge in getting landowners with existing suites to come forward and bring them into compliance. An implementation plan will need to be developed along with policy, establishing how residents will be encouraged to bring existing suites into compliance and how we will proceed with enforcement. Want to see enforcement of rules when they are put in place. Rules and bylaws need to be carefully drafted so they can be interpreted properly and limit potential unintended consequences. Municipality needs to get a secondary suite bylaw up to date. A registry will be created and published on our Municipal website including all secondary suites that have obtained an approved Development Permit This will allow all prospective tenants, landowners, realtors, and other interested parties to search legalized secondary suites located in the Municipality. Residents will be notified of a one year period with which they have to bring existing unpermitted secondary suites into compliance and get all necessary approvals. Any suites reported/or found after the grace period has expired, will be subject to enforcement; The Building department may inspect existing secondary suites upon request by the landowner, for a fee, prior to application for Development Permit, and indicate to the landowner all requirements to bring the suite into compliance. This will assist the landowners in knowing if the development can be upgraded to compliance or if they need to just remove the suite. Enforcement of non-compliance following the one year grace period may consist of measures such as: Removal of the secondary suite from the property. Development Permit fee will be double (2X original application fee) for those secondary suites being brought into compliance after the one year grace period has expired; Non-compliance fine may be established and imposed on secondary suites that proceed without the appropriate municipal approvals. All legal fees incurred by the MD to complete enforcement may be responsibility of the landowner Concern with unnecessary cost being imposed on landowners to bring suites into compliance Existing suites were developed without approvals and were not permitted under the Land Use Bylaw. Landowners may not be rewarded for developing without permits. Potential of a cost prohibitive process and requirements for legalized secondary suites. Permitting fees are designed to cover the cost of processing permits, advertising, appeal board hearings where required, and necessary inspections. Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments 42 9 P a g e

43 DRAFT LAND USE BYLAW AMENDMENTS CHART PHASE 1 SECONDARY SUITES Desire to see Secondary Suite compliance enforced Set up a phone line for infractions. Notice of illegal suites is done on a complaint basis. Development Permit approvals and conditions will be monitored and processed by the municipality through the means provided. Desire to limit mobile homes allowed on properties. Mobile Homes may be excluded under Secondary Suites definition and provisions for temporary mobile homes should be reviewed and amended. Questions were asked specifically to gather more information about what the particular concerns with Temporary mobile homes were. Implementation enforced as per above. A detached Secondary Suite shall not be a Mobile Home; Staff is reviewing the temporary dwelling policies separate from Secondary Suites. Blue Italic Text Staff Comment Black Text Draft Land Use Bylaw Amendments P a g e

44 MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL DEVELOPMENT PERMIT APPLICATION November 7, 2018 APPLICATION INFORMATION FILE NO. 18D 189 DATE APPL. COMPLETE: September 27, 2018 LEGAL DESCRIPTION: Plan , Block 1, Lot 9 Ptn. SW W4M LANDOWNER: Alberta Ltd. APPLICANT: Mike Macklin AGENT: N/A PROPOSAL: 18D 189 Development Permit for an addition to an existing building. DIVISION NO: 1 COUNCILLOR Rob Siewert FILE MANAGER: Brenda Bartnik EXECUTIVE SUMMARY: Summary of Proposal: Request to add an additional 50 feet onto the south side of the existing 50 x 50 shop, the use of which was previously approved under Development Permit 11D 192. The shop and this new addition are to be used/continue to be used accessory the operation of a trucking company that pulls end dump and reefer trailers. Pertinent Site Considerations Adjacency to the rail line on the east, an Environmental Reserve on the south/southeast side of the property, and existing utility right of ways and a servicing connection line may influence development on, and use of the property. Previous Council Direction As per Council s direction under the conditions of the previous Development Permit, the outdoor storage of equipment (vehicles) must at all times be located no closer than 5m to the boundary of the Environmental Reserve lot that is located adjacent to the south/southeast side of the lot. Policy Evaluation The property is located within that area included under Highway 2A Industrial Area Structure Plan (H2AIASP) and development is guided by the Municipal Development Plan and the H2AIASP under the Industrial General (IG) Policy Area. 44

45 PROPERTY DESCRIPTION MUNICIPAL ADDRESS: th Avenue East Foothills LEGAL LAND DESCRIPTION: Plan , Block 1, Lot 1; SW W4M LOCATION: The subject property is located at the east end of the 475 th Avenue east cul-desac, adjacent to the west side of the CPR rail line and the south side of the main Cargill Limited property. It is slightly more than one-quarter mile east of Highway #2A. POLICY AREA: The lands are within that area included under the H2AIASP and development is guided by the Municipal Development Plan and the H2AIASP under the IG policy area. CURRENT LAND USE: Direct Control District #2 AREA OF SUBJECT LANDS: 1.50 acres PURPOSE OF APPLICATION: This application for Development Permit requests a 50 ft. x 50 ft. addition to an existing 50 ft. x 50 ft. commercial shop on the subject property. The additional shop space is proposed to continue to support the operations of a trucking company that pulls end dump and reefer trailers. The existing shop is used for truck service and storage and the addition is proposed to support the development by providing additional space to park trucks inside and for the washing of company vehicles. Background: Development Permit 10D 017 May, 2010 Approval under development permit 10D 017 for a 2,500 sq. ft. commercial shop, 23 feet high; and use of a portion of the land for outdoor storage on the land, under the previously existing (1995) Highway 2A Area Structure Plan, Type B Industrial area. As it was the intent of the landowner to subsequently lease/rent the building and/or property, it was identified that it would be necessary that any future use received approval under an independent Development Permit. Due to site considerations, conditions of the permit included requirement to submit grading details and an environmental management statement, as well as servicing details for review and acceptance by the Municipal Engineer. A landscape development plan (pre Screening Standards under Resolution #1554, December 2010) was submitted for review and acceptance by the Development Office. Galvanized chain link fencing encloses the property and caraganas were planted immediately inside a portion of the west property line, as well as on the south portion of the parcel, north of (and removed from) the existing access right of way. Council approved the following setbacks for the building 7.75m from the west property line, 9.31m from the east property line, and approximately 37.8m from the Environmental Reserve. 45

46 Development Permit 11D 192 January, 2012 Approval under development permit 11D 192 for use of the existing shop in support of a trucking business and related outdoor storage. Conditions of the permit allow for locating no more than two sea cans (for secure storage of miscellaneous parts and accessories), and a maximum of six trucks and/or trailers in combination. No open outdoor storage of materials is permitted. This equipment must at all times be located no closer than 5m to the boundary of the Environmental Reserve. A copy of the issued decision is included under the appendices of this report. Proposal: - Trucking company pulling end dump and reefer trailers. Operating times: 6:00 AM until 2:00 AM, 6 days per week. - Examples of materials hauled are gravel, manure, potable water. No loaded trailers will be located on site. - Nine highway tractors are owned at this time, all of which could be on site at one time. - The existing shop is used for truck service (regular maintenance on the company s own units) and storage. The proposed addition would allow for additional space to park trucks as well as a space to wash company vehicles. - Proposed water use o one washroom, 50 gallons each day o vehicle washing (2gpm pressure washer, washing 4 trucks per week, 80+/- gallons per week. Approved two chamber sump will be used, waste water will go to sewer system and disposal company will be called to clean the sump as needed. - It is proposed that 2 sea cans would be located on site for parts and equipment storage. - Additional outdoor storage is comprised of two skid steers and attachments for loading and snow removal, as well as tires collected for the 4H club fundraiser that are picked up four times per year. The most tires that have been picked up at one time are The business is primarily run off site, with 3 people on site and 28 people off site. - There are no sales that occur from the property. - Three semi trucks with a trailer leave the site daily, with 9 cars left by drivers on site each day. Two or three times each week, parts are delivered by a single axle cube van. - Garbage is taken to the dump, no on site storage. - Some paint cans for touch ups exist on site, as will oil for truck oil changes. A used oil tote (275 gallon) and an FDA compliant containment pallet will be located on site. A used oil processor picks up the used oil. - No lot grading is required, pre-existing grading was completed when the shop was first built. A storm water system is in place. Engineered plans would be available if requested. - A driving aisle of at least 7m would be available all around the shop. - The existing caraganas continue to grow and provide more screening each year. - No on site signage is proposed. 46

47 SITE CONSIDERATIONS: Access: Direct Access from Highway #2A is provided via 475 th Avenue (municipally maintained internal subdivision road with a gravel surface). There is a 15 metre access right of way that provides access to properties to the east, which extends along the south edge of the subject parcel. Physiography: The south/southeast side of the property is oddly configured in order to accommodate for an Environmental Reserve lot that was put in place at the time of subdivision (2009) in order to preserve a dry oxbow (cut off by the rail line and access road to the south) that may be located within the flood hazard area of Tongue Creek. Any flood risk has not been delineated. Current Land Use: Subject Parcel: Direct Control District #2 Adjacent Lands: ER ER MR ER RAIL Existing Development: Subject Parcel: 2,500 sq. ft. shop and use of the land for outdoor storage in conjunction with a trucking business. Adjacent Lands: Cargill immediately to the north, and BayWa Ag Centre Ltd. (farm equipment dealership) lies immediately to the west. The CPR rail line falls along the east boundary of the property. 47

48 Servicing Considerations: A 6m utility right of way exists inside the fence along a portion the west boundary of the parcel and document , registered on title to the parcel, identifies the availability of a 6m Fortis utility right of way along the north boundary. The land is connected to municipal water, and developer owned and operated sewer service. A privately held sewer connection that services the lots on 475 th Avenue, runs inside the property, parallel to the north lot line. POLICY EVALUATION: Municipal Development Plan: The proposed development aligns with some policy direction of the Municipal Development Plan 2010 (MDP), however given the lack of reporting with respect to delineating the flood hazard identification area, or hydraulic assessment for these and adjacent lands, it is difficult to state with clarity that certain aspects of the ECONOMY and the ENVIRONMENTAL CONSERVATION & OPEN SPACE are met. Appropriate transportation and utility infrastructure is in place, conflict with adjacent residences is not anticipated, and the application is suggesting intensification of development on a parcel that is located within the H2AIASP corridor. It is difficult to assess if the proposed operations will have any impact on adjacent Environmental Reserve lands and it is unknown as to if those adjacent lands meet the definition of an Environmentally Significant Area (Appendix D). Highway 2A Industrial Area Structure Plan (H2AIASP): The proposed development aligns with some policy direction of the Municipal Development Plan 2010 (MDP), however given the lack of reporting with respect to characteristics and classification of the adjacent Environmental Reserve lands, it is difficult to state that all aspects of the H2AIASP have been met. The proposed addition is consistent with the character of the existing building. Use of the property would appear to be compatible with industrial and commercial uses, that are identified to be predominate in General Industrial areas. 48

49 The H2AIASP directs that those areas of the banks directly tied to the function of surface and groundwater entering Tongue Creek will be protected and enhanced. Additionally, statement is provided noting that Tongue Creek, associated floodway, and associated riparian areas, as identified by the municipality s Riparian Setback Matrix Model (RSMM) shall be protected and preserved. Development is subject to the requirements for setbacks recommended resultant to RSMM testing or as determined by the approving authority. Due to the lack of reporting regarding flood hazard and/or hydrologic connection, it is not possible to evaluate if this use of the land meets this criteria of the H2AIASP. It may be prudent that conditions of permit include requirements that attempt to mitigate any concern in this regard. Direction is provided with respect to developing within the available capacity of the corridor s water resources, and to re-think the use and re-use of water. The proposal identifies the washing of vehicles inside the shop for which no water re-use system has been identified. 49

50 H2AIASP Design Guidelines It is recommended that conditions of any permit address the following: o Delineation of the main entrance and additional articulation of the building. o A plan for snow removal/storage. o The installation of on-site directional signage (re: traffic flow, muster point, pedestrian accessibility). Proposed Existing Shown at the time of construction Land Use Bylaw: Under Direct Control District #2, land use and development requirements are at the discretion of Council. Uses are not limited to those identified as discretionary under this land use district. 50

51 CIRCULATION REFERRALS REFEREE INTERNAL Engineering / Public Works Municipal Fire Services Municipal Building Services EXTERNAL Alberta Health Services Alberta Transportation Fortis Alberta COMMENTS Private sewer line present at the north side of the property. It is the responsibility of the developer/owner of the property to check requirements for placement of sea can in this area. The sump will need to be maintained and cleaned on a regular basis. The MD of Foothills will test the wastewater strength if contaminants are suspected. Fines may be issued for overstrength waste water. Fire inspection required upon completion Used oil tank required to be registered with the Petroleum Tank Management Association of Alberta Property to have address posted Construction Safety Plan required to be completed prior to construction, and submitted Ensure access for fire department Building to meet the Alberta Fire Code 2014 As the proposed size of the building is less than 600 m 2, water for fire fighting is not a requirement Based upon the site plan and ortho photos, there appears to be a rather tight turning radius for emergency vehicles The new addition will be required to be engineered The applicant/operator must ensure the property is designed and maintained in accordance with the Alberta Public Health Act (RSA 2000), Nuisance and General Sanitation Regulation 243/2003 which states: No person shall create, commit or maintain a nuisance. A nuisance means a condition that is or might become injurious or dangerous to the public health, or that might hinder in any manner the prevention or suppression of disease. As this proposal falls within the referral distance of Alberta Transportation, a Roadside Development Permit will be required from this office. We suggest delaying issuance of your permit until such time that a Roadside Development Permit has been issued by the department. Has no concerns. SUMMARY The request to Council is for approval of a 2,500 sq. ft. addition to an existing 2,500 sq. ft. commercial building in support of a trucking company. Use of the land includes vehicle servicing and washing, open outdoor storage, and the storage of up to nine truck/trailer units and two sea cans. 51

52 OPTIONS FOR COUNCIL CONSIDERATION: OPTION #1 APPROVAL Should Council be of the opinion that: - the proposed development is compatible with the surrounding area - substantially meets the requirements of the applicable policies - and/or that compliance with appropriate conditions under a decision to approve the application for development permit would mitigate any unknowns the application may be approved. Council direction is requested with respect to the following: - Is the existing landscaping (caraganas) suitable screening for the outdoor storage of vehicles and equipment? - Is washing of vehicles within the building suitable as it has been proposed? - Shall submission of particulars relating to the conditions of permit be submitted to Council for review and acceptance, or does Council agree that the Authority to review and accept these items can be assigned to the Development Officer? Moved that Development Permit 18D 189 for the operation of a trucking company, including vehicle maintenance, the on site storage of truck and trailer units, and outdoor storage on Plan , Block 1, Lot 9 Ptn. SW W4M be approved subject to the following conditions. Recommended Conditions for Option #1: PRE-RELEASE CONDITIONS: (Pre-release Conditions must be fulfilled with before the Development Permit will be signed and released. Unless a time extension is issued under agreement between the Development Authority and the Applicants, failure to complete these pre-release conditions on or before April 7, 2019 will see this approval be deemed null and void). 1. The applicant is to submit a refundable security deposit in the amount of $3,000 in order to ensure compliance with the Alberta Building and Fire Codes for the proposed use and occupancy of the development. This security will be refunded at such time that confirmation that the development meets the intent of the Alberta Building and Fire Codes for use and occupancy is provided by the Municipal Safety Codes Officer and Municipal Fire Services. 2. The applicant is required to submit additional supporting information that provides - verification that the site meets requirements for emergency access (as per the City of Calgary Fire Department Access Standard) - plans for snow removal - a plan for the delineation of a primary entranceway into the building - information respecting the installation of on site signage (ie: traffic flow, muster point, pedestrian and parking accessibility) - a design for surfacing of that area where tires are stored (in order to mitigate any concern with respect to the leeching of contaminants). 3. A Roadside Development Permit for this development must be issued by Alberta Transportation. 52

53 ADDITIONAL CONDITIONS: 1. This approval is for the development and use of plan , Block 1, Lot 9; Ptn. SW W4M, for an addition to the existing shop on the property, bringing the footprint of the building to a maximum of 5,000 sq. ft. in size; as well as use of the land and building in support of a trucking company, including the outdoor storage of vehicles and equipment. This permit fully replaces previous development permits for this lot; 2. the applicant shall construct, operate and maintain the development in accordance with all conditions of approval and plans as submitted to, and acknowledged by the Development Authority to be appropriate. Addition to, or revisions to the uses approved herein may occur only upon obtaining appropriate municipal approvals; 3. the applicant is responsible for adhering to the accepted site drainage and grading plans to the satisfaction of the Director of Public Works and Engineering. Any revision to said plan is required to be submitted to the Municipality for review and acceptance prior to implementation; 4. the storage of business related vehicles and equipment in the yard has been considered under this application and is included within this approval for development. A maximum of nine truck and trailer units are permitted to be stored on the property at any given time; 5. parking areas and outdoor storage areas shall at all times be located no closer than 5m (16.4m) to the boundary of the adjacent Environmental Reserve property; 6. outbuildings (sea cans) totaling not more than 320 sq. ft. in area are permitted to be located for use in conjunction with the approved operations. Any such building must be designed, colored and suitably maintained to be similar in materials and character to the principal building that is on-site; 7. the applicant shall comply with the requirements of the Alberta Building, Plumbing, Electrical and Fire Codes at all times. All necessary building and safety code permits applicable to use and occupancy of the proposed building addition must be obtained. An application for building permit is required to be accompanied by professional engineered stamped plans and construction review during the construction of this project is required to occur. All Alberta Building Code schedules C-1 and C-2 are to be submitted to the municipal district at the conclusion of the project; 8. it is the responsibility of the applicant to ensure and maintain: - appropriate municipal addressing is located on site - a fire inspection occurs upon completion of the building addition - a Construction Safety Plan is completed, and submitted prior to construction - laneways are at all times kept clear in order to provide for emergency access 9. the applicant shall provide an Emergency response plan for review and acceptance by the municipality; 10. landscaping and screening facilities shall at all times be maintained as per the plans accepted as appropriate by the municipality and must at all times be safe, functional, and in a state of good repair. The property shall at all times have a generally neat and orderly appearance and be free of weeds. Plants are to be maintained to demonstrate healthy and vigorous growth; 11. the development must meet the requirements of all applicable Federal and/or Provincial Acts, regulations and/ or guidelines, including but not limited to the requirements of Alberta Environment and the Petroleum Tank Management Association of Alberta; 53

54 12. all development must adhere to the guidelines and policies of the Canadian Pacific Railway; 13. the business must maintain an annual Business License with the M.D. of Foothills; 14. there shall be no long term storage of waste material on the property, nor burning of waste materials. All garbage shall be stored within the structure on the property and subsequently disposed of at an approved waste disposal site; 15. the applicant is required to comply with any applicable Town of High River Water and Sewage Bylaws and to ensure compliance with any Municipal District of Foothills requirements for water servicing, permits and inspections and allotments. Design and installations relating to water use, fixtures and appliances installed shall comply with requirements as are identified within the Highway 2A Industrial Area Structure Plan and its associated Design Guidelines. Water use that would see assigned allotment for the multi-bay facility exceeded may be subject to billing surcharges; 16. installation of exterior lighting must adhere to the guidelines and technical specifications as outlined within the M.D. of Foothills Dark Sky Bylaw; 17. the issuance of a development permit by the Municipality does not relieve the applicant of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any provincial or federal regulation or act which may affect use of the land; 18. The applicant shall be responsible for payment of any professional costs including legal fees that may be incurred by the M.D. with respect to this permit. OPTION #2 POSTPONE APPLICATION Council may choose to postpone deciding upon this application in order to hold a Public Meeting at which the applicant is in attendance. Moved that Council postpone making a decision on Development Permit application 18D 189 until such time that a Public Meeting with the applicant in attendance occurs. OPTION #3 REFUSE APPLICATION Should Council be of the opinion that: - the proposed development does not align with the policy direction of the Municipal Development Plan and/or the Highway 2A Industrial Area Structure Plan with respect to environmental considerations - the scope of the proposed development is not compatible with the available developable area the application may be refused. Moved that Development Permit 18D 189 for the operation of a trucking company, including vehicle maintenance, the on site storage of truck and trailer units, and outdoor storage on Plan , Block 1, Lot 9 Ptn. SW W4M be refused as the proposal does not demonstrate that use of the land in this manner is aligned with the environmental considerations outlined within municipal policy and/or, the scope of the proposed development is not compatible with the available developable area. 54

55 APPENDICES APPENDIX A: MAP SET: LOCATION MAP SITE PLAN PREVIOUS DEVELOPMENT PERMIT APPROVAL PROPERTY PHOTOS 55

56 LOCATION MAP TOWN OF HIGH RIVER 56

57 57 SITE PLAN

58 PREVIOUS DEVELOPMENT PERMIT APPROVAL 58

59 59

60 April, 2018 and September 2018 Taken from the east end of the 475 th Avenue cul de sac bulb, facing east. PROPERTY PHOTOS 60

61 REQUEST FOR SUBDIVISION APPROVAL SUBDIVISION APPROVING AUTHORITY ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL SUBDIVISION APPROVAL November 7, 2018 APPLICATION INFORMATION FILE NO. F NW DATE APPLICATION COMPLETE: September 26 th, 2018 LEGAL DESCRIPTION: Plan , Block 4, Lot 1, PTN: NW W5M LANDOWNER: Charlotte McEachern AGENT: None AREA OF SUBJECT LANDS: 9.49 Acres CURRENT LAND USE: Country Residential District (CR) PROPOSAL: Subdivision of one new Country Residential A lot of 3.50+/- acres with a /- acre balance DIVISION NO: 5 COUNCILLOR: Alan Alger FILE MANAGER: Theresa Chipchase PURPOSE OF REQUEST Request that the Subdivision Approving Authority approve the subdivision application proposing one new Country Residential A lot of /- acres with a /- acre Country Residential A balance from the NW W5M, Plan , Block 4, Lot 1. BACKGROUND On November 7 th, 2018, Council gave third and final reading to Bylaw 13/2018 authorizing an amendment to the Country Residential District land use rules to allow for one new 3.5 +/- acre lot from Plan , Block 4, Lot 1, PTN: NW W5M. The lot and the balance are to be zoned Country Residential Sub district A. REGISTRATIONS ON TITLE 1989 Acquisition of Land on title for 17 feet (5 meters) of road widening registered on title; 2007 Acquisition of Land on title for the north 15 meters of the parcel for future road development for the property east of the applicant; 2007 Easement and Right of Way agreement over 15 meter acquisition providing access over the acquisition, mentioned above. *No additional documents are registered on the applicant s title. 61

62 APPLICATION CONSIDERATIONS Municipal Reserve The municipal reserves owing on the applicant s lands were deferred to the balance of the quarter with the subdivision of this parcel. CIRCULATION REFERRALS REFEREE PUBLIC Adjacent Landowners INTERNAL Engineering / Public Works COMMENTS Two letters of concern were received and are attached as Appendix B Please see section within the staff report labelled Registrations on Title, listed on the previous page with respect to the letters of concern. There are no covenants listed on the applicant s title. The following conditions are recommended as part of the subdivision approval: High Water Table testing for foundation design Septic Disposal Evaluation (PSTS) Building Envelopes Note: The existing common approach between Plan , Block4, Lots 1 and 2 will require upgrades to meet current Municipal Standards. The proposed approach to the new lot bordering 48 th Street, must also be built to Municipal standards. REQUEST OF THE SUBDIVISION APPROVING AUTHORITY The Subdivision Approving Authority is respectfully requested to approve the subdivision of one new /- acre Country Residential A lot with a /- acre Country Residential A balance from Plan , Block 4, Lot 1 PTN: NW W5M, subject to the following recommended conditions: Recommended Conditions: 1. Subdivision to be effected by Plan of Survey, pursuant to Section 657 of the Municipal Government Act, or such other means satisfactory to the Registrar of the South Alberta Land Titles District; 2. It is the applicant s responsibility to provide a Real Property Report or an as built drawing signed and sealed by an Alberta Land Surveyor, certifying the location of the adjacent municipal road(s), water well(s) within the boundaries of the appropriate properties and that the site plan is surveyed according to municipal setback requirements; 3. Environmental Reserve Easement over the easterly /- meters x /- meters of the parcel, excepting out the north 15 meters (currently captured under an acquisition of land for future road development), as provided on the applicant s revised site plan, to be fully executed and registered by right-of-way plan concurrent with the Plan of Survey; 62

63 4. Completion of all pre-release conditions as noted in the executed Municipal Development Agreement to the satisfaction of the Municipality and where applicable the appropriate external agencies. These conditions include: a. Payment of the $11,300 per new lot Community Sustainability Fee; 5. All accesses to be located and culverts and approaches to be installed to current Municipal subdivision road standards to the satisfaction of the Public Works Department; 6. Submission of Septic Disposal Evaluations for both the proposed and balance lots, to the satisfaction of the Public Works Department; 7. Submission of a Geotechnical Report for both the proposed and balance lots, completed in accordance with Municipal standards, to be provided for high water table testing for foundation design(s) and septic system(s) to the satisfaction of the Public Works Department; 8. Site plan to be provided which identifies building envelopes on both the proposed and balance lots, which meet the requirements as outlined in Policy 9 under the Residential section of the MDP 2010, to the satisfaction of the Public Works department; 9. Landowners are to pay all arrears of taxes on the existing parcels prior to finalization of the subdivision; and 10. Submission of subdivision endorsement fees; APPENDICES APPENDIX A - MAP SET: LOCATION MAP SITE PLAN ORTHO PHOTO APPENDIX B: ADJACENT LANDOWNER LETTERS OF CONCERN 63

64 APPENDIX A: LOCATION MAP City of Calgary Hwy 22 Hwy 2 Hwy 552 Hwy 552 Hwy 549 Hwy 7 Okotoks Hwy 547 Subject Parcel 64

65 SITE PLAN 65

66 ORTHO PHOTO 66

67 APPENDIX B: ADJACENT LANDOWNER LETTERS OF CONCERN 67

68 68

69 SUBDIVISION APPROVING AUTHORITY ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL SUBDIVISION APPROVAL November 7, 2018 REQUEST FOR SUBDIVISION APPROVAL APPLICATION INFORMATION FILE NO. F SW LEGAL DESCRIPTION: Plan , Lot A, SW W4M LANDOWNER: Homes By Campbell Construction Ltd./ Alan Campbell AGENT: CivicWorks Planning and Design / Kristi Beunder AREA OF SUBJECT LANDS: Acres CURRENT LAND USE: Country Residential District (CR) Subdivision of three new Country Residential A lots of 2.36+/- acres, /- acres and /- acres with a /- acre balance. DIVISION NO: 1 COUNCILLOR: Rob Siewert FILE MANAGER: Theresa Chipchase PURPOSE OF REQUEST Request that the Subdivision Approving Authority approve the subdivision application proposing three new Country Residential A lots of 2.36+/- acres, /- acres and /- acres with a /- acre Country Residential A balance. BACKGROUND On October 24 th, 2018, Council gave third and final reading to Bylaw 96/2017 authorizing an amendment to the Country Residential District land use rules to allow for three new /- to /- acre lots from Plan , Lot A PTN: SW W4M. All lots and the balance are to be zoned Country Residential Sub district A. NOTE The existing residence and some of the outbuildings on the parcel currently straddling the shared boundary line between proposed Lots 1 and 2, cannot meet the requirements of Land Use Bylaw No. 60/2104 or would be fall within the road construction area, therefore a condition has been added to the recommended subdivision approval to ensure removal of these structures prior to registration of the subdivision. The municipalities building inspector has provided that demolition of the residence would include: contacting all utilities for removal or relocation of their infrastructure, demolition of the residence and all outbuildings which do not meet the Land Use Bylaw requirements and removal 69

70 of all materials from the site to the municipalities landfill or any other approved landfill site. Burying materials on site would not be permitted. CIRCULATION REFERRALS REFEREE INTERNAL Engineering / Public Works COMMENTS The following conditions are recommended as part of the subdivision approval: High Water Table testing for foundation design Septic Disposal Evaluation (PSTS) Stormwater Management Plan Comprehensive Site Drainage Plan Lot Grading Plans Building Envelopes Roadway and Drainage Design required GIS/Mapping EXTERNAL Alberta Transportation Utilities Note: The application requires approval from Alberta Transportation for connection to Highway 543, with possible intersection upgrading. I foresee no issue with this subdivision however it should be noted that the proposed internal road/cul de sac if numbered will cause 5 adjacent addresses to change. The application is relatively minor in nature and the proposed access conforms to Alberta Transportation s access management strategy for Highway 543. Additionally it appears that the three residential parcels being created by this application should not have a significant impact on the provincial highway system. Alberta Transportation therefore grants an unconditional waiver of Sections 14 and 15 of the Regulation. (paraphrased) Please be advised that the site should be developed to include adequate physical features to ensure that the proposed residential development is compatible with the adjacent provincial highway system. Some of these features might for example, include landscaping and/or berming, to provide visual screening from the highway and noise attuention/mitigation. These features are the responsibility of the developer and/or the Municipality. Construction of the new intersection with Highway 543 or any new development proposed within 300 meters of Highway 543 will require a Roadside Development Permit from Alberta Transportation. Fortis will require an easement. Atco will require a new Utility Right of Way providing the following comment: 70

71 CIRCULATION REFERRALS The existing URW is just a 20 ft. strip covering the existing main. The subdivision will put the service line for the existing property in trespass and we will require a new URW to service the additional lots. REQUEST OF THE SUBDIVISION APPROVING AUTHORITY The Subdivision Approving Authority is respectfully requested to approve the subdivision of three new Country Residential A lots of 2.36+/- acres, /- acres and /- acres with a /- acre Country Residential A balance from Plan , Lot A, SW W4M, subject to the following recommended conditions: Recommended Conditions: 1. Subdivision to be effected by Plan of Survey, pursuant to Section 657 of the Municipal Government Act, or such other means satisfactory to the Registrar of the South Alberta Land Titles District; 2. It is the applicant s responsibility to provide a Real Property Report or an as built drawing signed and sealed by an Alberta Land Surveyor, certifying the location of the adjacent municipal road(s), water well(s) within the boundaries of the appropriate properties and that the site plan is surveyed according to municipal setback requirements; 3. Completion of all pre-release conditions as noted in the executed Municipal Development Agreement to the satisfaction of the Municipality and where applicable the appropriate external agencies. These conditions include: a. Payment of the $11,300 per new lot Community Sustainability Fee; b. Submission of all necessary engineered drawings, cost estimates and engineering review fees for all required internal improvements, which includes the internal road infrastructure, utility infrastructure, storm water management, site drainage plans and grading; c. Submission of all necessary Letters of Credit in accordance with the Municipal Development Agreement, for all required internal and/or external improvements; d. Submission of Liability Insurance requirements as noted in the Municipal Development Agreement; e. All utility right-of-way agreements, easements, licenses and installation requirements to be provided to the satisfaction of the Municipality and utility companies; 4. Executed Municipal Development Agreement to be complied with and registered on the title of the lands subject to the Development Agreement concurrently with the Plan of Survey; 5. All accesses to be located and culverts and approaches to be installed to current Municipal subdivision road standards to the satisfaction of the Public Works Department; 6. Applicant is to comply with all requirements of Alberta Transportation; 7. Road Acquisition Agreement for the purpose of road dedication, to be executed and registered by way of caveat concurrently with the Plan of Survey, with respect to 30 meters of land along the East boundary of proposed Lot 4 (2.75 acres), north of the cul de sac to be constructed, as shown on the applicant s site plan as Potential Future 30.0m Road Dedication ; 8. Easement and Right of Way agreement for the purposes of road dedication over an area of land measuring 30 meters in width, at a length of meters, more or less, adjacent to the east boundary of proposed Lot 4 (2.75 +/- acres), with this agreement to be registered by 71

72 way of Caveat, concurrently with the Plan of Survey, to the satisfaction of the Public Works department; 9. Submission of Septic Disposal Evaluations for all lots, to the satisfaction of the Public Works Department; 10. All outbuildings on the existing property are to be removed from the parcel, in compliance with Land Use Bylaw No. 60/2014, to the satisfaction of the Municipality, prior to registration of the subdivision, further, the existing residence which straddles the common boundary between proposed Lots 1 and 2 is also to be removed from the property, in compliance with Land Use Bylaw No. 60/2014, prior to registration of the subdivision, to the satisfaction of the Municipality; 11. Submission of a Geotechnical Report for all lots, completed in accordance with Municipal standards, to be provided for high water table testing for foundation design(s) and septic system(s) to the satisfaction of the Public Works Department; 12. Storm Water Management Plan to be provided, to the satisfaction of the Public Works department; 13. Lot Grading Plans to be provided for all lots, to the satisfaction of the Public Works department; 14. Site plan to be provided which identifies building envelopes on all lots, which meet the requirements as outlined in Policy 9 under the Residential section of the MDP 2010, to the satisfaction of the Public Works department; 15. Public Reserve to be provided by way of cash in lieu of land based on $28, per acre on account of 10% of the existing title; 16. Landowners are to pay all arrears of taxes on the existing parcels prior to finalization of the subdivision; and 17. Submission of subdivision endorsement fees; APPENDICES APPENDIX A - MAP SET: LOCATION MAP SITE PLAN ORTHO PHOTO APPENDIX B: ASSESSMENT SPREADSHEET PUBLIC RESERVE AMOUNT FOR SUBDIVISION 72

73 APPENDIX A: LOCATION MAP Okotoks Hwy 547 Hwy 7 Hwy 2 Hwy 2A Hwy 543 High River Hwy 23 Subject Parcel 73

74 SITE PLAN 74

75 ORTHO PHOTO 75

76 APPENDIX B: ASSESSMENT SPREADSHEET PUBLIC RESERVE AMOUNT FOR SUBDIVISION INTEROFFICE MEMORANDUM 3.00 Public Reserve Amount For Subdivision DATE: May 3, 2018 File No: Legal: F SW SW W4 TO: Planning Department Subject: Homes by Campbell Construction Parcel Size: acres FROM: Julie Peters Mkt Zone: 11 Trees: Lots mature trees Subj Tree Code 16 Views: Flat full mountain view Subj View Code CAMAlot Value Per Acre River/Creek: Subj River/Creek Code -1 Avg Sale Price Per Acre Use Market Land Influences? Y CONCLUSION: Subdivision Location Adjusment 1.00 Based on the following sales, the fair market value for a acre parcel in this area is : $28,653 per acre. Final Indicated Time Adj River/ Adjusted Price Per Sale Sale Time Sale Loc Size Trees View Creek Sale Acre For Sale Mz Qr Sec Twp Rge M Date Acres Price Adj Price Adj Adj Adj Adj Adj Price Acs 1 23 N Aug $365, $357, $368,944 $25, NE Dec $359, $341, $419,773 $28, NE Jan $297, $285, $369,682 $25, NW Dec $350, $332, $436,509 $29, SW Mar $475, $446, $489,685 $33,426 76

77 SUBDIVISION APPROVING AUTHORITY ITEM PLANNING AND DEVELOPMENT REPORT BOUNDARY ADJUSTMENT November 7, 2018 APPLICATION INFORMATION FILE NO. F NW DATE APPL. COMPLETE: August 29, 2018 LEGAL DESCRIPTION: NW W5M & Plan , Lot 1 LANDOWNER: Jeffrey Kromm & Chad Kromm PROPOSAL: Boundary Adjustment requesting 14.6+/- acres to be transferred from the acre balance of the 1/4 section to Plan , Lot 1 which is currently 5.9 acres, resulting in the balance becoming /- acres and Plan , Lot 1 becoming 20.5+/- acres. DIVISION NO: 4 COUNCILLOR Suzanne Oel FILE MANAGER: Drew Granson EXECUTIVE SUMMARY: Summary of Proposal The landowners are proposing a Boundary Adjustment between the acre balance of the subject quarter section and a 5.9 acre Country Residential parcel within the subject quarter section, both of which are jointly owned by the landowners. The applicants are requesting to adjust 14.6+/- acres from the acre Balance into the 5.9 acre Country Residential parcel, resulting in the balance becoming /- acres and the Country Residential parcel becoming 20.5+/- acres. Pertinent Site Considerations The proposed lands to be adjusted contain a 16,000+/- sq.ft. Tent Hay Shed, a 2,400+/- sq.ft. Hay Shed, several grain bins, storage areas for farming equipment, and animal shelters. A mobile home, detached garage, telecommunication tower and several small sheds are located within the existing 5.9 acre parcel. The applicant has noted that the mobile home is currently utilized for farm help, and they intend to apply for temporary use of this mobile home in order to construct a permanent dwelling within the proposed 20.5+/- acre area. A single family dwelling is the only structure within the remaining /- acre portion. Previous Council Direction On November 8 th, 2017, Council, as the Subdivision Approving Authority, refused an application requesting the same boundary adjustment as submitted herein. 77

78 PROPERTY DESCRIPTION Parcel A Parcel B MUNICIPAL ADDRESS: Street W Street W. LEGAL LAND DESCRIPTION: NW W5M Plan , Lot 1; portion of NW W5M LOCATION: On the east side of 176 th Street West, approximately 1 kilometer north of Highway 22X. This is approximately 1.5 miles (2.4 km) west of the City of Calgary. CURRENT LAND USE: Agricultural Country Residential PROPOSED LAND USE: Agricultural Country Residential EXISTING PARCEL SIZES: acres 5.9 acres AREA TO BE ADJUSTED: acres acres PROPOSED PARCEL SIZES: /- acres 20.5+/- acres PURPOSE OF APPLICATION: Landowners are requesting to adjust 14.6+/- acres from Parcel A (NW W5M) to Parcel B (Plan , Lot 1; portion of NW W5M), resulting in Parcel A becoming /- acres in size, and Parcel B becoming 20.5+/- acres in size. Both properties would remain as their respective land use designations. SITE CONSIDERATIONS: Access: Both properties gain access off of the east side of 176 th Street West. The proposed boundary adjustment would not affect points of access to either parcel. Both existing approaches meet current municipal approach standards. Physiography & Existing Site Improvements: The acre parcel is currently being used for hay production and is mainly flat with rolling topography. The end of a shallow gully runs from south to north approximately 100 meters in from the west property line and a new dwelling has been constructed near the southwest corner of the property. A Single Family Dwelling, a detached garage, a small pole shop, and a telecommunication tower are located within the 5.9 acre parcel. A 16,000+/- sq.ft. tent structure, a 2400+/- square foot pole barn both used for hay bale storage, several grain bins, and four three sided shelters are located within the 14.6+/- acres proposed to be adjusted into Parcel B. On a parcel of 20.5+/- acres, the landowners would be permitted to have a maximum of four accessory buildings with cumulative size not to exceed 4,275 sq.ft. in area. With the exception of the 16,000 sq.ft. tent hay shed, the remaining structures would adhere to this maximum cumulative size; however, would exceed the permitted number of structures for a property of 20.5 acres. The 16,000 sq.ft. tent hay shed is currently exempt from size requirements as it is supporting Agricultural production on an Agricultural Land Use District property; however, if adjusted into the proposed 20.5+/- acre parcel, this structure would need to be either acknowledged as nonconforming or brought into compliance through the issuance of a development permit. 78

79 History: In 1999, the subject 5.9+/- acre parcel was subdivided from the quarter section as a first parcel out, leaving a balance of 154+/- acres. In 2000, a 7.2+/- acre Country Residential parcel was subdivided from the balance of the quarter section, resulting in the 145+/- acres as seen today. In 2007, an application for land use amendment to allow for the future subdivision of one 2.37+/- acre parcel was refused on the 5.9+/- acre parcel. In 2008, an application for redesignation of the acre property to allow the future subdivision of 29 Country Residential parcels, each of approximately 4 acres, and a 14.9 acre Municipal Reserve parcel, was withdrawn prior to the public hearing. In 2014, an application for land use amendment to allow for the future subdivision of one 65.9+/- acre parcel, leaving a balance of 80+/- acres was refused on the subject acre property as Council did not find sufficient planning purpose to support the subdivision of agricultural lands into smaller agricultural parcels. Council was not supportive of fragmentation of the agricultural lands and had concerns with the impact of the development on the wildlife corridor on the area. A subsequent application for subdivision of the 65.9+/- acre parcel was refused by the Subdivision Approving Authority, which was appealed to the SDAB, and on November 4 th, 2014, the SDAB moved that the refusal by the SAA be overturned and subdivision allowed, subject to conditions. The landowner did not complete conditions of subdivision approval within the 1 year approval period and no time extension was granted, therefore this subdivision approval expired. On November 8 th, 2017, the Subdivision Approving Authority moved that the Boundary Adjustment whereby /- acres from NW W5M be consolidated into Plan , Lot 1, Ptn. NW W5M, resulting in one acre parcel (NW W5M) and one /- acre parcel (Plan , Lot 1, Ptn. NW W5M) be refused. PREVIOUS COUNCIL DIRECTION: The landowners submitted application in 2017 proposing the same boundary adjustement as requested within this current application. The previous application was refused by the Subdivision Approvaing Authority on November 8 th, 2017 for the following reasons: In their consideration of Policies 4 and 5 within the Agricultural Section of the MPD2010, Council is not supportive of increasing the size of the Country Residential parcel as they believe the application as proposed would impact the capacity of the larger parcel for agriculture use. As such, the application does not adequately address the intent of the Agricultural policy with respect to the impact it will have on existing agricultural use of the subject property. In addition, in consideration of Permitted Uses identified within the Country Residential Land Use District, specifically Accessory Buildings not requiring a Development Permit, Council noted that existing structures within the proposed boundaries would be contrary to permitted building sizes on a property of 20.5+/- acres, and are of the opinions that the structures supporting agricultural operations should remain within the agricultural lands. Finally, Council is of the opinion that the proposed boundary adjustment does not align with the Implementation Section of the SSRP, within the Agricultural Strategies, which states, Municipalities are expected to limit the fragmentation of agricultural lands and their premature conversion to other, non-agricultural uses, especially within areas where agriculture has been identified as a primary land use in the region. 79

80 CIRCULATION REFERRALS REFEREE INTERNAL Engineering / Public Works COMMENTS Both existing approaches off of 176 th Street West adhere to current approach standards. GIS/Addressing Suite number recommended for mobile home if considered as temporary dwelling and new dwelling is constructed. EXTERNAL Alberta Transportation PUBLIC Land Owners (Adjacent) It appears that the boundary adjustment resulting from this application should not have a significant impact on the provincial highway system. AT has no objection to this proposal and grants an unconditional variance of Section 14 and/or Section 15 of the Subdivision and Development Regulation. This application was mailed to adjacent landowners on August 28 th, No letters have been received prior to the submission of this staff report. OPTIONS FOR COUNCIL CONSIDERATION: OPTION #1 APPROVAL Council may choose to approve the proposed boundary adjustment as it is consistent with Section 7 of the Subdivision and Development Regulations and the subject lands have the appropriate land use designations to allow for the proposed property sizes. Motion of Approval for Council s Consideration: moved that the Boundary Adjustment whereby /- acres from NW W5M be consolidated into Plan , Lot 1, Ptn. NW W5M, resulting in one acre parcel (NW W5M) and one /- acre parcel (Plan , Lot 1, Ptn. NW W5M) be approved, subject to the following conditions: Recommended Conditions for Option #1: 1. Boundary adjustment to be effected by Plan of Survey, pursuant to Section 657 of the Municipal Government Act, or such other means satisfactory to the Registrar of the South Alberta Land Titles District; 2. Landowners are to pay all arrears of taxes on the existing parcels prior to finalization of the subdivision; 3. Landowners are to provide Final Subdivision Lot Fees; 4. Council acknowledges the existing 16,000+/- sq.ft. Tent Hay Shed structure as nonconforming; OR 80

81 The landowners shall remove the existing 16,000+/- sq.ft. Tent Hay Shelter from the proposed 20.5+/- acre lands, or obtain applicable Development Permit to allow for the existing 16,000+/- sq.ft. Tent Hay Shelter as an oversized accessory building within the proposed 20.5+/- acre parcel; 5. It is the applicant s responsibility to provide a Real Property Report or an as built drawing signed and sealed by an Alberta Land Surveyor, certifying the location of the adjacent municipal road(s) and water wells within the boundaries of the respective parcel and that the site plan is surveyed according to municipal setback requirements; 6. Public Reserve to be deferred by way of Caveat on Plan , Lot 1; OPTION #2 REFUSAL Council may choose to refuse the proposed boundary adjustment for the following reasons: In their consideration of Policies 4 and 5 within the Agricultural Section of the MPD2010, Council is not supportive of increasing the size of the Country Residential parcel as they believe the application as proposed would impact the capacity of the larger parcel for agriculture use. As such, the application does not adequately address the intent of the Agricultural policy with respect to the impact it will have on existing agricultural use of the subject property. In addition, in consideration of Permitted Uses identified within the Country Residential Land Use District, specifically Accessory Buildings not requiring a Development Permit, Council noted that existing structures within the proposed boundaries would be contrary to permitted building sizes on a property of 20.5+/- acres, and are of the opinions that the structures supporting agricultural operations should remain within the agricultural lands. Finally, Council is of the opinion that the proposed boundary adjustment does not align with the Implementation Section of the SSRP, within the Agricultural Strategies, which states, Municipalities are expected to limit the fragmentation of agricultural lands and their premature conversion to other, non-agricultural uses, especially within areas where agriculture has been identified as a primary land use in the region. Motion of Refusal for Council s Consideration: moved that the Boundary Adjustment whereby /- acres from NW W5M be consolidated into Plan , Lot 1, Ptn. NW W5M, resulting in one acre parcel (NW W5M) and one /- acre parcel (Plan , Lot 1, Ptn. NW W5M) be refused. APPENDICES APPENDIX A: MAP SET: LOCATION & LAND USE MAP SUBMITTED SITE PLAN SUBMITTED SITE PLAN & LOT ORTHO APPENDIX B: SUBMITTED LETTER OF REQUEST APPENDIX C: ASSESSMENT SPREADSHEET 81

82 APPENDIX A: MAP SET Tsuu T ina Nation Subject Properties City of Calgary 82

83 SUBMITTED SITE PLAN 83

84 SUBMITTED SITE PLAN & LOT ORTHO CHAD KROMM RESIDENCE (BROTHER) 84

85 APPENDIX B: SUBMITTED LETTER OF REQUEST 85

86 APPENDIX C: ASSESSMENT SPREADSHEET 86

87 SUBDIVISION APPROVING AUTHORITY ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL REQUEST FOR SUBDIVISION November 7, 2018 REQUEST FOR SUBDIVISION APPLICATION INFORMATION FILE NO. F NW DATE APPL. COMPLETE: September 13, 2018 LEGAL DESCRIPTION: Plan , Block 1, Lot 2 Ptn. NW W5M LANDOWNER: Henry & Maureen Bruch PROPOSAL: F NW Subdivision of one 3.5+/- acre Country Residential District parcel, leaving a balance 3.45+/- acre Country Residential District parcel. DIVISION NO: 2 DEPUTY REEVE Delilah Miller FILE MANAGER: Logan Cox PURPOSE OF REQUEST: Request for decision on the subdivision application proposing one 3.5+/- acre Country Residential District parcel, leaving a balance 3.45+/- acre Country Residential District parcel. BACKGROUND: In 1995 a acre parcel was subdivided out of the quarter section as a first parcel out of the quarter section. In 2009 the Subdivision Approving Authority approved the subdivision of the subject parcel (6.95 acres) from a parent acres. Public Reserve was paid on the entire acre parent parcel at this time as the maximum density for the parcel was achieved. On September 22, 2016 Council refused an application for the subject parcel to allow for an amendment to the Country Residential District land use rules to allow for the future subdivision of one new 3.5+/- acre lot. Council s motion reads: In their consideration of the criteria noted in Residential Policies 3, 8, 9 and 14 of the MDP2010, Council is of the opinion that the proposal would not align with the Residential Policies of the MDP2010 nor to the density policy of the Land Use Bylaw. SITE CONSIDERATIONS: Access: Existing approach off of 434 Avenue W. to serve the proposed 3.45+/- acre balance parcel. A proposed panhandle with a common approach on the east side of the subject parcel to serve the proposed 3.5+/- acre parcel. 87

88 Current Land Use: Subject Parcel: Country Residential District Adjacent Lands: Four Agricultural District parcels and one Country Residential District Parcel (adjacently south) Environmental Considerations: Environmental Reserve Easement currently registered over the subject parcel and the adjacently south Country Residential District parcel. Area Character: Majority of the surrounding area is cultivated land with a few subdivisions, predominately larger parcels of land. 88

89 POLICY EVALUATION: South Saskatchewan Regional Plan: This proposal aligns with some policy direction of the South Saskatchewan Regional Plan and does not align with some of the direction given. The most relevant policy section(s) of the SSRP are related Economy and Efficient Use of Land. The application will not result in further fragmentation of agricultural land but will result in further land being converted from an undeveloped state into a permanent built environment. Municipal Development Plan: The application does not comply with Residential Policies 3.2, 3.4, 3.5, 3.7 and 15 of the MDP2010. Policy 3 speaks to the proposals ability to be used as a residential parcel and the Policy 15 speaks to the density of parcels. Land Use Bylaw: The subject parcel does not comply with section A of the LUB 60/2014 as there are more than three accessory buildings located on a parcel between 5.0 and 9.99 acres, these structures were in place prior to the subdivision of the subject parcel form the previous acre parcel. The proposal does not comply with section as the land use bylaw amendment for this proposal was not approved by Council. The proposal does not comply with section a. as the proposed parcel density exceeds the allowable maximum of one lot per 5 acres of existing land contained under the same title, to a maximum of 32 lots per quarter section. Growth Management Strategy: The subject parcel is within the South Central District but borders the South West District as the boundary between the two is Highway 22. The proposal does not align with the growth management vision for the South Central District. The vision notes future growth between the Towns of Okotoks and High River as well as along Highway 2. The growth management vision for the South West District notes minimal growth with any growth proposed to take into account the importance of scenic value, wildlife habitat and agricultural production. Other Relevant Municipal Policies: On quarter sections of land where the proposal would not create more than 5 lots, proof of adequate water supply is a municipal requirement prior to final reading of a bylaw for redesignation and the subsequent subdivision of land. The Municipality will require the applicant for redesignation or subdivision to drill one well per lot, to a maximum of three wells, and conduct a 12-hour pump and 12-hour recovery test on each well. These test results must be submitted to the Municipality with Q20 calculations, stamped and sealed by a member of APEGGA. STAFF RECOMMENDATION: Staff recommends the Subdivision Approving Authority refuse the application for subdivision of one 3.5+/- acre Country Residential District Parcel. The application does not meet the intent of the Residential Policy within the MDP2010, the Land Use Bylaw 60/2014 nor the intent of the Growth Management Strategy for the South Central District. Additionally the Subdivision Approving Authority required the payment of 89

90 Municipal Reserve in 2009 with the past subdivision approval as maximum density for the parcel was achieved. REQUEST OF THE SUBDIVISION APPROVING AUTHORITY: The Subdivision Approving Authority is requested to make a decision on the application for the subdivision of one new 3.5+/- acre Country Residential District parcel, leaving a balance 3.45+/- acre Country Residential District parcel. Should the Subdivision Approving Authority wish to refuse the application, the following motion could be considered. moved that the subdivision of one new 3.5+/- acre Country Residential District parcel from Plan , Block 1, Lot 2; Ptn. NW W5M has been evaluated in terms of Section 654 of the Municipal Government Act and Section 7 of the Subdivision and Development Regulation and therefore it is recommended that the application be refused for the following reasons: The application does not meet the general intent of the South Saskatchewan Regional Plan as it proposes further built environment in an area not proposed for increased growth and development; The application does not meet the intent of the Residential Policy of the Municipal Development Plan 2010, specifically policies 3.2, 3.4, 3.5, 3.7 and 15; The application does not meet the requirements of Sections and a. of the Land Use Bylaw 60/2014; and The application does not meet the vision for the South Central District within the Growth Management Strategy. Should the Subdivision Approving Authority wish to approve the application, the following motion could be considered. moved that the subdivision of one new 3.5+/- acre Country Residential District parcel from Plan , Block 1, Lot 2; Ptn. NW W5M has been evaluated in terms of Section 654 of the Municipal Government Act and Section 7 of the Subdivision and Development Regulation and therefore it is recommended that the application be approved as per the tentative plan for the following reasons: The application is consistent with Section 7 of the Subdivision and Development Regulations; The subject lands have the appropriate land use designation Further, in accordance with Section 654 and 655 of the Municipal Government Act, the application be approved subject to the following conditions: 1. Subdivision to be effected by Plan of Survey, pursuant to Section 657 of the Municipal Government Act, or such other means satisfactory to the Registrar of the South Alberta Land Titles District; 2. It is the applicant s responsibility to provide a Real Property Report or an as built drawing signed and sealed by an Alberta Land Surveyor, certifying the location of the adjacent municipal road(s), water well(s) within the boundaries of the appropriate properties and that the site plan is surveyed according to municipal setback requirements; 90

91 3. All accesses to be located and culverts and approaches to be installed to current Municipal subdivision road standards, to the satisfaction of the Public Works Department (depending on future development of the panhandle access, a change in address may be required for Plan , Block 1, Lot 3; Ptn. NW W5M); 4. Submission of a High Water Table Test report for Foundation Design to the satisfaction of the Municipality s Public Works Department; 5. Submission of a Septic Disposal Evaluation (PSTS report) to the satisfaction of the Municipality s Public Works Department; 6. Submission of a Comprehensive Site Drainage Plan to the satisfaction of the Municipality s Public Works Department; 7. Submission of a Lot Grading Plan to the satisfaction of the Municipality s Public Works Department; 8. Submission of Building Envelopes for the proposed 3.5+/- parcel that meet the requirements of the Residential Section of the MDP2010 to the satisfaction of the Municipality s Public Works Department; 9. Proof of adequate water supply to be provided for all lots, in accordance with the Municipal Water Policy, to the satisfaction of the Municipality; 10. Removal of accessory buildings in excess of what would be permitted under Table A of the Land Use Bylaw for the proposed 3.45+/- acre balance parcel; 11. Landowners are to provide all utility easements and agreements to the satisfaction of the Municipality s Public Works Department; a. FORTIS Alberta, ATCO Gas and ATCO Pipelines do not require easements b. TELUS Communications Inc. requires an easement 12. Landowners are to pay all arrears of taxes on the existing parcel prior to finalization of the subdivision; 13. Submission of subdivision endorsement fees; APPENDICES APPENDIX A: MAP SET: LOCATION MAP LOT ORTHO SITE PLAN APPENDIX B: APPLICANT S INITIAL SUBMISSION: APPENDIX C: APPLICANT S SUPPLEMENTARY SUBMISSION: 91

92 APPENDIX A: MAP SET: LOCATION MAP Town of Black Diamond Town of Turner Valley Subject Parcel 92

93 LOT ORTHO Proposed 3.25+/- acre Parcel 93

94 SITE PLAN 94

95 APPENDIX B: APPLICANT S INITIAL SUBMISSION: 95

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98 98

99 99

100 100

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108 APPENDIX C: APPLICANT S SUPPLEMENTARY SUBMISSION: 108

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