Samantha Payne Pg. 25 1:30 pm *3. Annual Fee Bylaw Amendment Request for 2 nd & 3 rd Reading

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1 MUNICIPAL DISTRICT OF FOOTHILLS NO. 31 December 12, 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 December 5, Accounts December 12, 2018 B. PUBLIC WORKS/ENGINEERING C. PUBLIC HEARINGS & MEETINGS Brenda Bartnik Pg. 2 10:30 am *1. Stevens SW W4M A to DC#29 (Commercial Riding Arena, Additional Animal Units and Second Detached Single Family Dwelling) Logan Cox Pg :00 am *2. Osland SW W4M Site Specific Amendment (Commercial Storage for up to 40 Vehicles and One Vehicle Sign) Samantha Payne Pg. 25 1:30 pm *3. Annual Fee Bylaw Amendment Request for 2 nd & 3 rd Reading Logan Cox Pg. 54 2:00 pm *4. EcoAg Initiatives Inc. S½ W5M Site Specific Amendment (HydroVac Truck Off-Load Facility) D. MISCELLANEOUS PLANNING ITEMS Pg. 93 Pg. 100 E. SUBDIVISION APPROVING AUTHORITY ITEMS * Alberta Ltd. NE W5M Request for Subdivision *2. Byam / Byam N W4M Request for Time Extension F. MISCELLANEOUS MUNICIPAL ITEMS G. NEW BUSINESS 1. Committee Reports H. OTHER MATTERS 1. Adjourn 2. Next Meeting December 19, 2018 at 9:00 am 3. December Accounts Review Councillors: S. Oel, J. Parker and A. Alger

2 PUBLIC HEARINGS AND MEETINGS PLANNING AND DEVELOPMENT REPORT TO COUNCIL REDESIGNATION December 12, 2018 To be heard at: 10:30 A.M. APPLICATION INFORMATION FILE NO. 18R044 DATE APPLICATION COMPLETE: September 18, 2018 LEGAL DESCRIPTION: PLAN , Block 1, Lot 6 Ptn. SW W4M LANDOWNER: G. Grant & Susan T. Stevens APPLICANT: Modern Dimensions Design Inc. AGENT: Cody Reimer PROPOSAL: Redesignate the existing Acre Agricultural District parcel to Direct Control District #29 to allow for an Arena, Commercial for equestrian use, additional animal units, and a second Detached Single Family Dwelling on the parcel. DIVISION NO: 6 REEVE Larry Spilak FILE MANAGER: Brenda Bartnik EXECUTIVE SUMMARY: Summary of Proposal Request to Redesignate the existing acre Agricultural District parcel to Direct Control District #29 to allow for a Commercial Riding Arena, additional animal units for events and schooling sessions, and a second Detached Single Family Dwelling on the property. The application includes: a building addition (to the existing Arena, Private) and use of the existing and proposed developed area for schooling and training sessions as well as events. a request for Council s acknowledgement of the existing second Detached Single Family Dwelling. the usual number (owned by the landowner/boarders) of animals on the property at any given time will not exceed the number of animals permitted on the property at any given time however it is anticipated that events and schooling sessions could see an additional 20 animals attend the property. Pertinent Site Considerations The proposed area of development appears to drains north to a steep embankment that drops into a small valley that contains intermittent drainage. The property is bounded by lands zoned primarily Country Residential District to the north and west, and primarily Agricultural District to the south and east. Policy Evaluation The proposal does not fall within any Intermunicipal Plan, Development Concept Plan, Area Structure Plan, Outline Plan or Area Redevelopment Plan area. Page 2

3 PROPERTY DESCRIPTION MUNICIPAL ADDRESS: nd Street East LEGAL LAND DESCRIPTION: Plan , Block 1, Lot 6 LOCATION: The subject property is located adjacent to the east side of 32 nd Street east, one-half mile south of Dunbow Road and approximately one and one-quarter mile north of Highway #552. CURRENT LAND USE: Agricultural District PROPOSED LAND USE: Direct Control District #29 Limited Public or Commercial Riding Arena AREA OF SUBJECT LANDS: acres PURPOSE OF APPLICATION: This application is to redesignate the subject acre Agricultural District Property to Direct Control District #29 in order to allow for an Arena, Commercial for equestrian purposes, additional animal units, and a second Detached Single Family Dwelling. It is proposed that a building addition be made to the existing 16,146 sq. ft. Arena, Private in order to accommodate a longer arena, more barn space, and hay storage. Additionally, it is proposed that a barn (not for commercial use) be added within the development area. Both the indoor arena, and outdoor rings are proposed to be used for schooling and training sessions, as well as events. The existing second Detached Single Family Dwelling on the parcel exists under a previous Site Specific Amendment that included a sunset clause within the related Bylaw. Should this application be successful, Council s acknowledgement of this second dwelling under the proposed land use district is being requested. Specifics of the application include: A resulting riding arena for commercial access having a total main floor area of 35,015 sq. ft. and a mezzanine level of 2,885 sq. ft. for viewing area and as a tutorial area for riders One barn of up to 6,400 sq. ft., not for commercial access The facility will conduct year round schooling and training sessions. Extra trailering in for schooling days or weekend schooling events is anticipated to take place primarily during the months of July and August A maximum of 20 vehicle visits to the property may occur each day A combined total of 25 personally owned and boarded animal units may be on the property at any given time. Additionally, 20 extra animal units may attend the property at any given time for events or schooling shows. The arena will employ a part time farm hand and a trainer will be brought in for horse training Hours of operation 8:00 AM until 6:00 PM Manure will be hauled away semi-weekly or weekly and stored in a dry, clean, covered area 15 surfaced passenger vehicle parking stalls and 6 event (truck/trailer) grass stalls Page 3

4 Background: In May of 2015, Development Permit 15D 077 was issued for a Private Arena of no greater than 16,146 sq. ft. It is proposed that the structure be added to and used for Commercial purposes (a discretionary use under Direct Control District #29). Under conditions of 15D 077, a drainage and lot grading plan which has been deemed acceptable by Public Works was submitted. If this current application is approved, it is recommended that any conditions of the subsequent Development Permit include the requirement to submit an executed as-built report at completion of development, verifying that the accepted plan has been adhered to. 13R029/15D 112, in 2013 a Site Specific Amendment and subsequent Development Permit for a second permanent dwelling on a parcel of less than 80 acres, for the purposes of farm help was approved. Record of the decision for the site specific amendment under Bylaw 39/2013 shows that the Bylaw contains a sunset clause whereby the allowance for a second permanent dwelling would not be allowed should further subdivision be approved. While subdivision is not at issue with this application, a change in land use is. As such, it is requested that Council consider acknowledging the subject second single family dwelling as appropriate to remain as a second permanent Detached Single Family Dwelling on the property, (a discretionary use under Direct Control District #29). SITE CONSIDERATIONS: Access: Access is provided via an existing approach from 32 nd Street east (a paved 25m wide road allowance at this location), which has been noted to not require any upgrades. As this stretch of road is vulnerable to damage, a 100% road ban exists on 32 nd Street east, between Highway #552 and Dunbow Road, during the summer time. For larger vehicles and trailers, loads must be limited so that axles carry no more than legal weights. Physiography: The property has generally gently rolling topography, and includes apparent drainage courses. At the far northeast corner of this subject lot, the land begins to drop into a ravine that is located on properties to the north. The overland movement of water is supported through the use of a number of existing culverts and ponds/dugouts. Current Land Use: Subject Parcel: Agricultural District Adjacent Lands: CHURCH GOLF COURSE DOG PARK Page 4

5 Existing Development: Subject Parcel: Municipal records and the site plan submitted with application shows the property to contain: primary detached single family dwelling with attached garage second detached single family dwelling with attached garage Shop 2,018 sq. ft. small barn hay storage shed a pumphouse, an outhouse and 4 storage buildings arena eight horse shelters two sea-cans Adjacent Lands: Surrounding land use is a mix of Country Residential and Agricultural District properties. The Direct Control District land that is located on the far southwest corner of the property is zoned to allow an off leash dog park. Carnmoney Golf Course is adjacent to the northeast tip of the property. Servicing Considerations: Should this application be approved, the applicant would be required to illustrate compliance with any Provincial requirements involving supplying potable water to the facility, as well as compliance with the Provincial Private Sewage Systems Standard of Practise, under a subsequent Development Permit. Environmental Considerations: Overland drainage of water across the property is evident. It appears to be managed through the use of culverts and ponds that exist on the lot. History: Subdivision of the property dates from 1999, with the existing second dwelling from ~ The property contains one principal residence, built D 077 Complete - Development Permit for a Private Arena of 16,146 sq. ft. Page 5

6 13R029/15D 112 Complete - Site Specific Amendment and subsequent Development Permit for a second permanent dwelling on a parcel of less than 80 acres. Record of the decision for the site specific amendment under Bylaw 39/2013 identifies that the Bylaw contains a sunset clause whereby the allowance for a second permanent dwelling would not be allowed should further subdivision be approved. 05D 211 Complete Development Permit for a 6,800 sq. ft. dugout in support of livestock and residential watering (trees & shrubs), and emergency source of water for fire suppression. 05D 091 application refused Development Permit for a 6,800 sq. ft. (~185,958 impg) Dugout initially filled via a temporary diversion license (Alberta Environment ) from the Bow River 04D Development Permit for a temporary home during construction on a 24 month renewal basis. Renewed three times under 06D 216, 08D 219 and 10D 224. A condition of these Development Permits was that this second, existing residence be removed from the property upon occupancy of the newly constructed dwelling. Landowners applied for a site specific amendment to retain the dwelling for farm help. POLICY EVALUATION: The proposal does not fall within any Intermunicipal Plan, Development Concept Plan, Area Structure Plan, Outline Plan or Area Redevelopment Plan area and has therefore been reviewed within the terms of the MDP2010, Growth Management Strategy and the Land Use Bylaw. South Saskatchewan Regional Plan: There does not appear to be policy direction in the South Saskatchewan Regional Plan (SSRP) that is relevant in evaluating this proposal. Municipal Development Plan: Given the available uses of Direct Control District #29 and the identified intended use of the land, the proposed development aligns with some of the policy direction of the Municipal Development Plan 2010 (MDP), however it is difficult to state with clarity that certain aspects of the ECONOMY and the ENVRIONMENTAL CONSERVATION AND OPEN SPACE are met. Appropriate transportation infrastructure appears to exist, however feasible impact on adjoining lands is not clear. While it is difficult to assess if the proposed operations will have any impact on any adjacent lands, or if those lands meet the definition of an Environmentally Significant Area (Appendix D), it is anticipated that any concerns could be sufficiently addressed under conditions of any subsequent Development Permit. Land Use Bylaw: What is being proposed within this application appears to be appropriately included under sections (Development Permits Not Required) and Section Direct Control District #29 (Limited Public or Commercial Riding Arena). Discretionary Uses under Direct Control District #29 include: Arena, Commercial Boarding Services Detached Single Family Dwelling in addition to the number listed as a permitted use on a single lot Intensive Livestock Operation Page 6

7 Growth Management Strategy: The subject parcel is located within the Central District as noted within the M.D. of Foothills Growth Management Strategy. Significant development and intensification of development is expected in this area. The strategy notes the need to consider municipal neighbours and riparian and wetland areas. CIRCULATION REFERRALS REFEREE INTERNAL Engineering / Public Works Fire Services Building Services EXTERNAL Alberta Health Services COMMENTS The existing approach off 32 nd Street east does not require any upgrades. There is a 100% road ban on 32 nd Street east during summer time. If approved, the following are required: - Fire inspection upon completion - Ensure fire department access to building for fire apparatus - Lock box required if building is to require a fire alarm system as per the Alberta Building Code - Development must meet the Alberta Fire Code Address of property posted - Water for fire fighting may be require as per the Alberta Building Code. If dry hydrant is installed for water supply the connection to the fry hydrant must be 6 NH Female swivel connection. Dry hydrant to be flow tested to prove adequate flows - Fire Safety Plan to be supplied to Fire Department for review - Construction Safety Plan required to be completed and submitted prior to construction start If approved, the following will need to be addressed: - Access route design for emergency vehicles - Water for fire fighting - Emergency lighting and exit lights - Travel distances - Fire department connections - Portable fire extinguishers - Washrooms based on occupancy (including barrier free requirements) - The National Energy Code for heating, electrical, envelope, etc. - Any requirements for sprinklers - The 2014 Alberta Building Code The applicant/operator must ensure that any rental property is maintained in accordance with the Alberta Public Health Act (RSA 2000) Housing Regulation AR 173/99 and the Minimum Housing and Health Standards.M.O.27/2012. PUBLIC Western Wheel Advertised November 28 and December 5, 2018 Page 7

8 CIRCULATION REFERRALS Land Owners ½ mile: No comments received as of the time of submission SUMMARY It is requested that Council approve the redesignation of the subject acre property from Agricultural District to Direct Control District #29 to allow for an Arena, Commercial. It is proposed that use of the land would include: - The boarding of animals - Lessons and events - A maximum of 45 animal units may be located on the lot at any given time - A second Detached Single Family Dwelling OPTIONS FOR COUNCIL CONSIDERATION: OPTION #1 APPROVAL Council may choose to grant 1st reading to the application for redesignation of Plan , Block 1, Lot 6; PTN: SW W4M from Agricultural District to Direct Control District #29 in order to allow for an Arena, Commercial, a maximum of 45 animal units and a second single detached family dwelling on the acre parcel. In their consideration of the application, Council is of the opinion that the redesignation of, and subsequent intended use of the subject lands would compliment the surrounding community and not be detrimental to the nature of the area. Recommended Conditions for Option #1: 1. Final redesignation application fees to be submitted. 2. Complete Development Permit application to be submitted. OPTION #3 REFUSE APPLICATION Should Council be unable to support the redesignation of the Plan , Block 1, Lot 6; PTN: SW W4M from Agricultural District to Direct Control District #29 in order to allow an Arena, Commercial and it s associated facilities, due to concern with respect to impact on adjoining lands, the application may be refused. APPENDICES APPENDIX A: MAP SET: LOCATION MAP SITE PLAN ORTHO PHOTO APPENDIX B: PROPOSED BYLAW Page 8

9 LOCATION MAP Page 9

10 Page 10 SITE PLAN

11 Page 11 ORTHO PHOTO

12 PROPOSED BYLAW BEING A BYLAW OF THE MUNICIPAL DISTRICT OF FOOTHILLS NO. 31 TO AUTHORIZE AN AMENDMENT TO THE LAND USE BYLAW NO. 60/2014 AS AMENDED WHEREAS pursuant to the provisions of the Municipal Government Act, Chapter M-26 Revised Statutes of Alberta 2000, and amendments thereto, the Council of the Municipal District of Foothills No. 31 in the Province of Alberta, has adopted Land Use Bylaw No. 60/2014 and amendments thereto; AND WHEREAS the Council has received an application to further amend the Land Use Bylaw by authorizing the redesignation of Plan , Block 1, Lot 6, Ptn. SW W4M from Agricultural District to Direct Control District #29 to allow for a Commercial Arena, and a maximum of 45 animal units. Council also acknowledges a second single family dwelling as a discretionary use on Plan , Block 1, Lot 6, Ptn. SW W4M. NOW THEREFORE THE COUNCIL ENACTS AS FOLLOWS: 1. Land Use Map No is amended by redesignating Plan , Block 1, Lot 6, Ptn. SW W4M from Agricultural District to Direct Control District #29 to allow for a Commercial Arena, and a maximum of 45 animal units. Council also acknowledges a second single family dwelling as a discretionary use on Plan , Block 1, Lot 6, Ptn. SW W4M. 2. This Bylaw shall have effect on the date of its third reading and upon signing. FIRST READING: Reeve Municipal Manager SECOND READING: Reeve Municipal Manager THIRD READING: Reeve Municipal Manager PASSED IN OPEN COUNCIL assembled at the Town of High River in the Province of Alberta this day of 20. Page 12

13 PUBLIC HEARINGS AND MEETINGS PLANNING AND DEVELOPMENT REPORT TO COUNCIL SITE SPECIFIC AMENDMENT December 12, 2018 To be heard at: 11:00am APPLICATION INFORMATION FILE NO. 18R 047 DATE APPL. COMPLETE: October 22, 2018 LEGAL DESCRIPTION: Plan , Block A, Lot 2 Ptn. SW W4M LANDOWNER: Bonny Osland APPLICANT: Bonny Osland & Robert Shane Shandera AGENT: Robert Shane Shandera PROPOSAL: 18R Application for a Site Specific Amendment to the Country Residential District land use in order to allow for the commercial storage of up to 40 vehicles owned by a local auto dealership and to allow for one vehicle sign. DIVISION NO: 7 FILE MANAGER: Logan Cox COUNCILLOR R.D. McHugh EXECUTIVE SUMMARY: Summary of Proposal Site Specific Amendment to the Country Residential District land use in order to allow for the commercial storage of up to 40 vehicles owned by a local auto dealership and to allow for one vehicle sign. Pertinent Site Considerations Potential wetland area located on the southeast corner of the subject parcel. Parcel adjacent to Highway 2, north of the Town of Okotoks. Two secondary suites were enforced along with the commercial operation on the subject parcel through a Stop Order issued on October 17, Policy Evaluation The application may meet the intent of the Growth Management Strategy and is not part of a specific policy area within the Intermunicipal Development Plan with the Town of Okotoks. The application does not currently meet the Land Use Bylaw 60/2014 nor the intent of the Municipal Development Plan. Referral Considerations Alberta Transportation, Public Works and Municipal Fire have requirements that need addressing if Council wishes to support the application. These requirements include permitting, approach upgrades, signage and access through the storage area. Page 13

14 PROPERTY DESCRIPTION MUNICIPAL ADDRESS: Street E. LEGAL LAND DESCRIPTION: Plan , Block A, Lot 2 Ptn. SW W4M LOCATION: North of the Town of Okotoks, adjacent to Highway 2, and accessed from 48 Street E. POLICY AREA: Property within the Town of Okotoks and MD of Foothills Intermunicipal Development Plan Area CURRENT LAND USE: Country Residential PROPOSED LAND USE: Site Specific Amendment to Country Residential AREA OF SUBJECT LANDS: 6.15 acres PURPOSE OF APPLICATION: Bylaw XX/2018 Application for a Site Specific Amendment to the Country Residential Land Use District in order to allow for commercial storage of up to 40 vehicles owned by a local auto dealership and to allow for one vehicle sign on Plan , Block A, Lot 2; Ptn. SW W4M. Background: October 17, 2018 Stop Order issued to Bonny Osland for a secondary suite within the basement of the existing dwelling and for a home occupation without an approved Development Permit. This order had a deadline of November 8, SITE CONSIDERATIONS: Access: Access is from 48 Street E. which is a gravel surface Municipal road. Highway 2 borders the east property line of the subject parcel but no direct Highway access is present. Physiography: Subject parcel is relatively flat with vegetation surrounding the existing dwelling site. A potential wetland area is present in the southeast corner of the property that extends through the two adjacent lands to the south and into the Town of Okotoks. Current Land Use: Subject Parcel: Country Residential Adjacent Lands: One Agricultural District Parcel and one Country Residential District Parcel. Page 14

15 Existing Development: Subject Parcel: Single Family Dwelling, Garage, Secondary Suite in basement of Dwelling (removed stove and separate locking door within Stop Order timeframe), Detached Garage, Barn, Secondary Suite in barn (removed stove from accessory building within Stop Order timeframe), and two Horse Shelters. Environmental Considerations: Potential wetland area within the southeast corner of the subject parcel. History: December 9, Council gave third and final reading to Bylaw 101/1998 for an amendment to the Country Residential District land use rules in order to permit the future subdivision of one 4.0 acre parcel. February 24, Subdivision of one 4.0 acre parcel from a parent acre parcel was registered at Land Titles. May 7, Letter from the Municipality to Bonny Osland regarding a minor home occupation and how to apply for a Development Permit. The letter was based on a conversation the landowner had with the Municipality but no details beyond the limitations of the minor home occupation were expressed. February 28, An Application Form for a Development Permit was submitted to the Municipality for an Equine Massage and Therapy business for the subject parcel from Bonny Osland and Doug Dayman (parcel was acres at this time). The application notes the desire to have Motel style rooms for accommodate out of town clients when their horses were being cared for. Staff followed up with a letter, dated March 7, 2002, informing the landowner that they needed to apply for a Site Specific Amendment as their proposed operation exceeded the permitted discretionary uses of the Country Residential District. No supplementary information or application was found within the Municipality s Land Files. November 2, Council gave third and final reading to Bylaw 127/2005 for an amendment to the Country Residential District land use rules in order to permit the future subdivision of one 5.44 acre parcel. This parcel was designated Country Residential Subdistrict A. May 5, Subdivision of one 5.42 acre CR-A parcel was registered at Land Titles. POLICY EVALUATION: Intermunicipal Development Plan: The subject parcel is not within the three identified gateway areas in the Intermunicipal Development Plan. No Development Restrictions are noted within the IDP for the subject parcel and surrounding area. Section of the IDP speaks to Declining to Respond to Referrals, in which if either Municipality does not respond with thirty days and has not requested an extension it may be assumed that the municipality has no comment or objection. Page 15

16 Municipal Development Plan: The application does not comply with the Economy Policies of the MDP2010 as it proposes commercial development outside of an industrial or commercial park and is not within a Hamlet. The proposal could be considered under the home-based business policies of the MDP, Economy Policy 3, in which the application would likely have little impact on the area residents or adjoining lands. Traffic generation and visual impacts may be detrimental to the area. Land Use Bylaw: The application does not fall within the existing permitted nor discretionary uses of the Country Residential District. The application aligns with Commercial Storage definition of the Land Use Bylaw 60/2014. In order to comply with Section Commercial Storage Facilities of the Land Use Bylaw the applicant would have to provide screening, upgraded approach and hard surfacing (gravel or asphalt) at the bare minimum. Section b. prohibits signs attached to licensed or unlicensed vehicles. The existing trailer sign on the property would fall into the vehicle sign definition of the Land Use Bylaw. This trailer sign does not comply with the Land Use Bylaw Section f./ g./ i. and k. Growth Management Strategy: The subject parcel is located within the Central District of the Growth Management Strategy. This district historically has seen and is predicted to be the growth engine for the MD of Foothills. Section 3.6 of the Growth Management Strategy speaks to planning for industrial and commercial development; this section suggests that the MD re-affirm the Highway 2A corridor, Hamlets and Comprehensively Planned Developments as the most appropriate area for commercial developments. This section of the Growth Management Strategy requires approving authorities to remain cognizant of the impacts of commercial and industrial development on existing land uses when considering new applications. CIRCULATION REFERRALS REFEREE INTERNAL Engineering / Public Works Municipal Fire EXTERNAL Town of Okotoks Alberta Health Services COMMENTS Approach upgrades are required, applicant is currently tracking mud onto the MD roadway and could be asked to clean the road 1. Property requires address to be posted 2. Ensure access for fire apparatus to the property 3. Ensure space in storage area to bring in fire apparatus (create a sufficient aisle for access) No comments received. Ensure the property is maintained in accordance with the Alberta Public Health Act, Nuisance and General Sanitation Regulation 243/2003 Page 16

17 CIRCULATION REFERRALS Alberta Transportation The development will require a Roadside Development Permit, a separate sign application will be required for the proposed signage. PUBLIC Western Wheel Advertised in the November 28 th and December 5 th editions of the Western Wheel Newspaper SUMMARY Application for a Site Specific Amendment to the Country Residential Land Use District in order to allow for commercial storage of up to 40 vehicles owned by a local auto dealership and to allow for one vehicle sign on Plan , Block A, Lot 2; Ptn. SW W4M. OPTIONS FOR COUNCIL CONSIDERATION: OPTION #1 APPROVAL Council may choose to grant 1 st reading to the application for a Site Specific Amendment to the Country Residential Land Use District on Plan , Block A, Lot 2; Ptn. SW W4M in order to allow for commercial storage of up to 40 vehicles owned by a local auto dealership and to allow for one vehicle sign, for the following reasons: In their consideration of the or the criteria noted within the Economy Policy of the MDP2010, Council is of the opinion that commercial storage of up to 40 vehicles would not be detrimental to the Residential use of the property and the nature of the surrounding area. Recommended Conditions for Option #1: 1. Final Amendment application fees to be submitted; 2. Submission of a complete Development Permit application and the necessary fees; OPTION #2 REFUSAL Council may choose to refuse the application for a Site Specific Amendment to the Country Residential Land Use District on Plan , Block A, Lot 2; Ptn. SW W4M in order to allow for commercial storage of up to 40 vehicles owned by a local auto dealership and to allow for one vehicle sign, for the following reasons: In consideration of the Economy Policy within the MDP2010 and the noncompliance with the Land Use Bylaw 60/2014, Council did not find sufficient merit in the proposal to consider such development to remain. Council is of the opinion that commercial uses should locate to the Highway 2A Industrial Area Structure Plan, Hamlets or within Comprehensively Planned Communities as directed in the Growth Management Strategy, Municipal Development Plan and the Land Use Bylaw. Further Council is of the opinion that the development, as proposed, may have adverse environmental impact and unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment, or value of neighbouring properties. Page 17

18 APPENDICES APPENDIX A: MAP SET: LOCATION MAP HALF MILE MAP LAND USE HALF MILE MAP PARCEL SIZES SITE PLAN SITE PLAN WITH ORTHO PHOTO APPENDIX B: PROPOSED BYLAW: Page 18

19 APPENDIX A: MAP SET: LOCATION MAP Town of Okotoks Subject Parcel Page 19

20 APPENDIX A: MAP SET: HALF MILE MAP LAND USE Legend Subject Parcel A- Agricultural CR- Country Residential CRA- Country Residential Sub A MR- Municipal Reserve Page 20

21 APPENDIX A: MAP SET: HALF MILE MAP PARCEL SIZES Page 21

22 APPENDIX A: MAP SET: SITE PLAN Page 22

23 APPENDIX A: MAP SET: SITE PLAN WITH ORTHO PHOTO Page 23

24 APPENDIX B: PROPOSED BYLAW: BYLAW XX/20XX BEING A BYLAW OF THE MUNICIPAL DISTRICT OF FOOTHILLS NO. 31 TO AUTHORIZE AN AMENDMENT TO THE LAND USE BYLAW NO. 60/2014 AS AMENDED WHEREAS pursuant to the provisions of the Municipal Government Act, Chapter M-26 Revised Statutes of Alberta 2000, and amendments thereto, the Council of the Municipal District of Foothills No. 31 in the Province of Alberta, has adopted Land Use Bylaw No. 60/2014 and amendments thereto; AND WHEREAS the Council has received an application to further amend the Land Use Bylaw by authorizing a Site Specific amendment to the Country Residential District land use rules to allow for Commercial Storage of up to 40 vehicles and one vehicle sign as a permitted use within Plan , Block A, Lot 2, Ptn. SW W4M. NOW THEREFORE THE COUNCIL ENACTS AS FOLLOWS: 1. Under SECTION COUNTRY RESIDENTIAL DISTRICT, the following shall be added under SECTION PERMITTED USES Plan , Block A, Lot 2, Ptn. SW W4M shall allow for Vehicle Storage as a permitted use. 2. This Bylaw shall have effect on the date of its third reading and upon signing. FIRST READING: Reeve Municipal Manager SECOND READING: Reeve Municipal Manager THIRD READING: Reeve Municipal Manager PASSED IN OPEN COUNCIL assembled at the Town of High River in the Province of Alberta this day of, 20 Page 24

25 PUBLIC MEETING PLANNING AND DEVELOPMENT REPORT TO COUNCIL FEE BYLAW AMENDMENT December 12, 2018 To be heard at: 1:30 P.M. Please Note: Council requires a colour copy to review this item, which had been provided to Council in their mail boxes on December 5, REQUEST FOR 2 ND AND 3 RD READING OF BYLAW 49/2018 Topic: Annual Fee Bylaw Amendment PROPOSAL: 2 nd and 3 rd reading to Bylaw 49/2018 to authorize an amendment to Bylaw 86/2017, being a Bylaw of the M.D. of Foothills No. 31 for the purpose of establishing fees, rates, and charges for services, licenses, permits and approvals provided to the public by the Municipality including schedules A to L. FILE MANAGER: Samantha Payne PURPOSE OF REQUEST: Consideration of proposed Bylaw 49/2018, which amends Bylaw 86/2017, being the Fee Bylaw. Should no concerns be noted, staff requests that Council grant 2 nd and 3 rd reading to Bylaw 49/2018. BACKGROUND: Staff has undertaken the annual review of the Fee Bylaw Schedules and has proposed a number of amendments. All amendments to the Fee Bylaw Schedules are as noted within Bylaw 49/2018, which is attached as Appendix A and the amended Fee Bylaw Schedules A to L, which are attached as Appendix B. October 17, 2018: Council granted 1 st reading to Bylaw 49/2018 authorizing an amendment to Bylaw 86/2017, being a Bylaw of the M.D. of Foothills No. 31 for the purpose of establishing fees, rates, and charges for services, licenses, permits and approvals provided to the public by the Municipality including schedules A, B, C, D, E, F, G, H, I, J, K and L. Please Note: Subsequent to 1 st reading, the following additional amendments to Fee Bylaw Schedule B and Fee Bylaw Schedule K were requested: Schedule B: The addition of a new fee in the amount of $ for Preliminary Inspections of Existing Secondary Suites; Schedule K: The addition of Saturdays to the per incident fee of $ for Niche Opening and Closing; Page 25

26 SUMMARY OF ALL PROPOSED AMENDMENTS TO THE FEE BYLAW SCHEDULES: Please Note: Amendments requested subsequent to 1 st reading of Bylaw 49/2018 are identified in green text. Schedule A: clarify that all land use application fees and the community sustainability fee will be charged at 50% for applications within the Hamlets of Blackie or Cayley; clarify that all land use application fees will be charged at 50% for applications proposing to bring legal non-conforming issues into compliance; include the current appeal fee for stop orders; reduce the Development Permit application fee for Personal Use Solar Equipment; Schedule B: addition of a new fee for Preliminary Inspections of Existing Secondary Suites; Schedule G: clarify when the Unmetered Water Rate applies; Schedule H: increase the Ice Rates for Adult Prime, Youth Local Prime and Youth Non local I Prime by 5%; Schedule I: addition of a new per hour fee for a Command Apparatus; Schedule J: revise the fee structure for Group Camping, which is now available at Hogg Park; Schedule K: revise the fee structure for administration fees; addition of a new per incident fee for Niche Opening and Closing; addition of a new per incident fee for Niche Opening and Closing on Saturdays, Sundays and Statutory Holidays; Schedule L: revise the heading of the schedule to MD Cemeteries Fees; clarify that fees apply to all cemeteries owned by the MD of Foothills; increase the fee for Plot License, Resident; addition of new fees for Cremation Plot and Columbarium Niche; revise the fee structure for administration fees; addition of a new per incident fee for Niche Opening and Closing, with a note clarifying that this service will not be offered on Statutory Holidays; PUBLIC NOTICE: The public meeting date and time for the proposed fee bylaw amendment and the proposed fees have been advertised in the Western Wheel and on the Municipality s website for 2 consecutive weeks. To date, no comments or concerns have been received from the public on this matter. Page 26

27 REQUEST OF COUNCIL: Consideration of proposed Bylaw 49/2018, which amends Bylaw 86/2017, being the Fee Bylaw. Should Council support the amendment as proposed, Council is respectfully requested to consider the following motion: Council grant 2 nd and 3 rd reading to Bylaw 49/2018 authorizing an amendment to Bylaw 86/2017, being a Bylaw of the M.D. of Foothills No. 31 for the purpose of establishing fees, rates, and charges for services, licenses, permits and approvals provided to the public by the Municipality including schedules A, B, C, D, E, F, G, H, I, J, K and L. APPENDICES APPENDIX A: DRAFT BYLAW 49/2018 APPENDIX B: FEES AS ATTACHED SCHEDULES A TO L OF BYLAW 49/2018 Page 27

28 APPENDIX A BYLAW 49/2018 A BYLAW OF THE MUNICIPAL DISTRICT OF FOOTHILLS NO. 31 TO AUTHORIZE AN AMENDMENT TO BYLAW 86/2017 WHEREAS the Council of the Municipal District of Foothills No. 31 in the Province of Alberta passed Bylaw 86/2017, being a Bylaw for the purpose of establishing fees, rates, and charges for services, licenses, permits and approvals provided to the public by the Municipality. WHEREAS it is now deemed expedient to amend Bylaw 86/2017. NOW THEREFORE, the Council of the Municipal District of Foothills No. 31, duly assembled, and pursuant to the authority conferred upon it by the Municipal Government Act, RSA 2000, c. M-26 and amendments thereto, enacts as follows: 1. This Bylaw shall be known as the Fee Bylaw ; 2. This Bylaw establishes the fees and rates as per Schedules A to L ; 3. That Schedule A attached hereto and forming part of this Bylaw be amended to clarify that all land use applications within the Hamlets of Blackie or Cayley will be charged at 50% of the fees as outlined in the Redesignation, Land Use Bylaw Amendment and Site Specific Application Fees table; 4. That Schedule A attached hereto and forming part of this Bylaw be amended to clarify that all land use applications to bring legal non-conforming issues into conformance will be charged at 50% of the fees as outlined in the Redesignation, Land Use Bylaw Amendment and Site Specific Application Fees table; 5. That Schedule A attached hereto and forming part of this Bylaw be amended by the addition of a Note under the Community Sustainability Fee section to clarify that the Community Sustainability fee for a Land Use application within the Hamlets of Blackie or Cayley will be charged at 50% of the fees outlined in the table; 6. That Schedule A attached hereto and forming part of this Bylaw be amended by the addition of an appeal fee of $575 for an Appeal of a Stop Order; 7. That Schedule A attached hereto and forming part of this Bylaw be amended by decreasing the Development Permit application fee for Personal Use Solar Equipment to $100; 8. That Schedule B attached hereto and forming part of this Bylaw be amended by the addition of a new Preliminary Inspection Fee of $160 for Existing Secondary Suites; 9. That Schedule G attached hereto and forming part of this Bylaw be amended by revising the Unmetered Water Rate section to indicate that consumers who refuse to install a meter or refuse to allow repair of a meter, or have a non-approved meter will be charged a service fee not less than 6X the applicable current service fee for water; 10. That Schedule H attached hereto and forming part of this Bylaw be amended by increasing the Ice rates for Adult Prime, Youth Local Prime and Youth Non local I Prime by 5%; 11. That Schedule I attached hereto and forming part of this Bylaw be amended by the addition of a new Foothills Fire Department Rate of $ per hour for a Command Apparatus; 12. That Schedule J attached hereto and forming part of this Bylaw be amended by removing Note 1 from the Group Camping section, as Group Camping is now available; 13. That Schedule J attached hereto and forming part of this Bylaw be amended by revising the fee structure for Group Camping; 14. That Schedule K attached hereto and forming part of this Bylaw be amended by revising Note 3 to include niche and by removing Note 4; 15. That Schedule K attached hereto and forming part of this Bylaw be amended by revising the Foothills Cemetery fees structure; 16. That Schedule K attached hereto and forming part of this Bylaw be amended by the addition of a new per incident fee for Niche Opening and Closing; Page 28

29 17. That Schedule K attached hereto and forming part of this Bylaw be amended by the addition of a new per incident fee for Niche Opening and Closing on Saturdays, Sundays and Statutory Holidays; 18. That Schedule L attached hereto and forming part of this Bylaw be amended by revising the heading to read as MD Cemeteries Fees; 19. That Schedule L attached hereto and forming part of this Bylaw be amended by revising Note 3 to include niche; 20. That Schedule L attached hereto and forming part of this Bylaw be amended in the Notes section to clarify that the fees apply to all cemeteries owned by the Municipal District of Foothills No. 31; 21. That Schedule L attached hereto and forming part of this Bylaw be amended by revising the MD Cemeteries fees structure; 22. That Schedule L attached hereto and forming part of this Bylaw be amended by increasing the Plot License Resident fee to $750; 23. That Schedule L attached hereto and forming part of this Bylaw be amended by the addition of a new Cremation Plot Resident fee of $300 and a Cremation Plot Non-resident fee of $1000; 24. That Schedule L attached hereto and forming part of this Bylaw be amended by the addition of a new Columbarium Niche Resident fee of $1200 and a Columbarium Niche Non-resident fee of $2000; 25. That Schedule L attached hereto and forming part of this Bylaw be amended by the addition of a new per incident fee for Niche Opening and Closing; 26. This Bylaw comes into full force and effect at such time as it has received third (3 rd ) reading and has been signed in accordance with the Municipal Government Act. FIRST READING: Reeve Municipal Manager SECOND READING: Reeve Municipal Manager THIRD READING: Reeve Municipal Manager PASSED IN OPEN COUNCIL assembled at the Town of High River in the Province of Alberta this day of, Page 29

30 APPENDIX B RED TEXT = either a new or amended fee or item FEE BYLAW SCHEDULE A PLANNING SERVICES FEES As contained in Bylaw 86/ /2018 GREEN TEXT = amendments requested subsequent to 1 st reading Notes: 1. Bareland Condominium units are considered to be lots or units for the purpose of administrating these fees. 2. Boundary adjustment fees for applications and for all endorsement purposes, shall be assessed on a per lot basis, based upon the number of original lots involved in the application to which boundaries are being or have been adjusted. 3. For the purposes of determining appropriate fees, Reserves and Utility lots are not included in the calculations. 4. Staff is authorized to accept cash, Interac payment, certified cheque, Visa, MasterCard, American Express or money order for payment of planning services fees. Payment of municipal taxes cannot be provided by credit card. 5. All land use redesignation or amendment fees will be doubled when the applicant has proceeded with the development prior to applying for the necessary permits. 6. All applications for ASP s, OP s, Concept Plans and ARP s are required to undertake a review prior to the application being considered complete. Should the applicant request or require additional reviews, the review fee must be paid in advance of each review being undertaken. AREA STRUCTURE PLANS (ASP), OUTLINE PLANS (OP), CONCEPT PLANS (CP) AND REDVELOPMENT PLANS (ARP) ASPs, OPs, Concept Plans and ARPs outside of the Highway 2AIASP: Up to and including eight (8) new lots/units proposed ASPs, OPs, Concept Plans and ARPs within the Highway 2AIASP: No new lots up to and including eight (8) new lots/units proposed ASPs, OPs, Concept Plans and ARPs: as above, plus additional fee for lots/units in excess of eight (8) new lots/units proposed ASP, OP, ARP and Concept Plan Amendment: Review fee $1500+GST per review $1500+GST per review No additional review fee $1500+GST per review Application fee $5000 $350 for no new lots, $350 for one and each additional lot $350 per new lot to a total maximum fee of $35,000 Based on fees noted above Page 30

31 REDESIGNATION, LAND USE BYLAW AMENDMENT and SITE SPECIFIC APPLICATION FEES All land use applications, including Direct Control and site specific amendments, except as noted below. All land use applications if submitted concurrently with an ASP, Outline Plan, Concept Plan or Redevelopment Plan and permitted to hold concurrent public hearings All land use applications within the Hamlets of Blackie or Cayley Legal non-conforming issues brought into conformance Filing fee $100 per application $100 per application $100 per application $100 per application Initial application fee $850 for no new lots or one new lot, and $850 for each subsequent lot proposed, to a maximum of $40,000 $425 for no new lots or one new lot, and $425 for each subsequent lot proposed, to a maximum of $40,000 50% of fees (not including filing fees) as outlined in this schedule table 50% of fees as outlined in this schedule table Final application fee $850 for no new lots or one new lot, and $850 for each subsequent lot proposed, to a maximum of $35,000 $850 for no new lots or one new lot, and $850 for each subsequent lot proposed, to a maximum of $35,000 50% of fees (not including filing fees) as outlined in this schedule table 50% of fees as outlined in this schedule table Fees for additional services, including but not limited to the renting of facilities and supplies for public hearings, legal services related to the application and overtime rate by Council and staff as required to process the application, will be charged to the applicant. Page 31

32 COMMUNITY SUSTAINABILITY FEE Notes: 1. The Community Sustainability fee is a Land Use charge, imposed prior to 3 rd reading of a bylaw, which supports a land use amendment or redesignation and where the bylaw supports the creation of additional parcels or units being subdivided. 2. The Community Sustainability fee for a Land Use application within the Hamlets of Blackie or Cayley will be charged at 50% of the fees in the table below. 3. The Community Sustainability fee will not be charged on applications proposing: o Land Use that does not result in the creation of additional lots/units such as boundary adjustments. o On applications within the Highway 2A Industrial Area Structure Plan boundary. All Direct Control, Agriculture, Residential, Industrial, Commercial land uses, first 80 new lots/units. All Direct Control, Agriculture, Residential, Industrial, Commercial land uses, 81 to 500 new lots/units All Direct Control, Agriculture, Residential, Industrial, Commercial land uses, 501 new lots/units and beyond Public Works $10,000 per new lot/unit $1700 per new lot/unit Libraries Recreation Fire Services $325 $325 $650 per new per new per new lot/unit lot/unit lot/unit $325 per new lot/unit No fee $325 per new lot/unit $325 per new lot/unit $325 per new lot/unit $650 per new lot/unit $650 per new lot/unit Total $11,300 per new lot/unit $3000 per new lot/unit $1300 per new lot/unit Page 32

33 SUBDIVISION and BOUNDARY ADJUSTMENT APPLICATION FEES Subdivision applications, including boundary adjustment applications Filing fee $100 per application Subdivision Appeal Fee paid concurrent with application for subdivision. This fee in all cases is a credit on endorsement fees except where the applicant or agent appeals the subdivision or a condition of subdivision. Initial application fee $850 for no new lots and $850 per each additional lot /unit proposed, excluding reserve and utility parcels, to a maximum of $40,000 Endorsement fee $850 for no new lots and $850 per each additional lot/unit approved, excluding reserve and utility parcels, to a maximum of $40,000 $2000 per application Page 33

34 DEVELOPMENT PERMITS Notes: 1. If development proceeds prior to obtaining the proper permits, the fee shall be doubled. 2. When the applicant has applied for the Site Specific Amendment and the Development Permit concurrently, and the Site Specific Amendment is refused, the Development Fees shall be returned to the applicant. 3. Registered non profit organizations are exempt from the first $500 of cumulative fees. 4. All applications for telecommunication towers, Development Permits within the Highway 2A IASP and for signs within the Municipal Right of way are required to undertake a review and pay the review fee before the application is considered complete. Should the applicant request or require additional reviews, the review fee must be paid in advance of each review being undertaken. Appeals Appeal Fee Appeal fee is required for all Development Appeals when $575 application is not within the Development Officers discretion Appeal of a Stop Order $575 Appeal fee for all appeals to a Development Officers $100 decision, fee to be refunded if the appellant appears before the SDAB Review Fee Telecommunications Proposals $1000 Applications for within the Highway 2A IASP No fee Applications for sign(s) within the Municipal Right of Way $500 Development Permit Renewals Renewal Fees All renewal fees are 50% of the applicable development permit fee plus the filing fee as noted below. Development Permits Filing Application Fee Fee Dwelling and accessory ( includes mobile homes) $100 $400 Relaxation of setbacks $100 $400 Intensive Agriculture Less than 2 animal units $100 $350 Up to 10 animal units per 3 acres $100 $600 Up to 20 animal units per 3 acres $100 $1200 Up to 50 animal units per 3 acres $100 $2400 Over 50 animal units per 3 acres $100 $3500 Kennels / Personal - No Boarding $100 $450 Other Kennels $100 $725 Arena Personal use only $100 $400 Limited Public $100 $675 Limited Public with commercial component $100 $1000 Commercial $100 $1900 Page 34

35 Greenhouse, tree farm, intensive vegetation $100 $525 operation Personal Use Solar Equipment $100 $400 $100 Home Occupations $100 $400 Sea-cans $100 $100 Dugouts $100 $400 Soil stripping ( for sale or personal use) $100 $700 Commercial / Industrial / Recreation Up to 1 million gross annual revenue $100 $725 Up to 12 million gross annual revenue $100 $1800 Over 12 million gross annual revenue $100 $3000 Addition to use / change of use in an existing $100 $400 building or portion thereof Natural Resources Less than 2 acres, overall area proposed $100 $575 2 to 4 acres, overall area proposed $100 $ to 12 acres, overall area proposed $100 $3500 More than 12 acres, overall area proposed $100 $6500 Signs Personal $100 $200 Commercial $100 $525 Other (permits categories not described) $100 $400 Special Events per event Up to 500 people $100 $ people $100 $ ,000 people $100 $ ,001 plus people $100 $6800 PUBLIC HEARINGS AND ADVERTISING All requests to reschedule a public hearing of Council $500 Requests to Council to waive the 6-month waiting period $500 to reapply for an application that has been refused Requests for private mailing to MD residents for planning related matters, such as notices of open houses. Requests for private mailing are done at the discretion of the Planning Department. Stamped, stuffed and sealed envelopes must be provided with payment of fees. $2.00 per mailed item+gst TIME EXTENSIONS for SUBDIVISIONS Time extension or re-activation requests, 1 st request $350 Time extension or re-activation requests, 2 nd request $550 Time extension or re-activation requests, 3 rd and any subsequent request(s) $1000 Denied Time Extension Request 100% refund of time extension request fees Page 35

36 REFUND OF FEES, ADJOURNMENTS and RECESS REQUESTS Refund Refund on all applications if requested prior to advertisement and circulation of public hearing (unless otherwise determined by Council) 50% of original fee refunded Refund on all applications if requested after public hearing had been advertised and/or circulated No refund Request for adjournment of Public Hearing $500 Request for recess of Public Hearing $500 DOCUMENT, SERVICES and PRODUCTS SALES Letter of Compliance $200 Letter of Land Use $30 Request for discharge of Caveats No fee Request for historical land use search $100+GST Land Use Bylaw, MDP, Growth Management Strategy (each separate copy) $30+GST Copies of ASPs, OPs, CPs and ARPs, (each separate copy, if available) $35+GST Intermunicipal Development Plans (each separate copy, if available) $15+GST Studies / background reports, (each separate copy, if available) $20+GST Public Works and Engineering Standards and Guidelines No fee Copies of transportation or engineering studies or reports, (each separate copy, if available) $20+GST Photocopying fee, colour 20 Photocopying fee, black and white 10 Fee for request to name subdivision and/or road/street $100+GST Page 36

37 FEE BYLAW SCHEDULE B SAFETY CODES SERVICES FEES As contained in Bylaw 86/ /2018 BUILDING AND SAFETY CODES PERMITS Notes: 1. If Development or Construction proceeds prior to obtaining the proper permits, the fee shall be doubled. 2. Plan submissions may be required at the discretion of the Safety Codes Officer. Since these plans will be for information purposes only, there will not be a plan review fee charged and no plan review letter will be issued. 3. 4% of the permit cost, or $4.50, whichever is greater to a maximum of $ Inspections would be conditional to the following: - The permit fee is based on a sufficient number of inspections to assess the acceptability of the installation as outlined in the Municipal District of Foothills Quality Management Plan. - Return inspections required because of deficiencies may, in extreme situations, be charged for in addition to these initial fees at a rate of $50 per inspection. Building Permits Filing fee Application fee Main Floor and up per sq. ft. $75 55 Additions per sq. ft. $75 55 Walkout and bi-level per sq. ft. 30 Mobile Home per sq. ft. $75 40 Detached Garage per sq. ft. $75 40 Attached Garage per sq. ft. 35 Interior Renovation per sq. ft. $75 35 Basement Development per sq. ft. $75 30 Commercial per sq. ft. $75 50 Deck or Covered Canopy per sq. ft. $75 25 Fireplaces Masonry $75 $140 Freestanding $75 $140 Hydronic Heating $150 Swimming Pool $75 $150 Existing Secondary Suite Preliminary Inspection Fee $160 Minimum Fee $150 Page 37

38 BUILDING AND SAFETY CODES PERMITS Plumbing Permits Safety Codes Fees Application Fees Residential (Permits are valid for a 12 month period) Up to 1500 sq. ft. $8.80 $ to 2500 sq. ft. $9.20 $ to 5000 sq. ft. $11.40 $ Over 5000 sq. ft. $13.80 $ Apartment or Condominium - $100 per unit (Permits are valid for a 12 month period) Gas Permits Safety Codes Fees Application Fees Residential (Permits are valid for a 12 month period) Up to 1500 sq. ft. $6.00 $ to 2500 sq. ft. $6.40 $ to 5000 sq. ft. $7.40 $ Over 5000 sq. ft. $8.20 $ Apartment or Condominium - $ per unit (Permits are valid for a 12 month period) Electrical Permits Safety Codes Fees Application Fees Residential (Permits are valid for a 12 month period) Up to 1500 sq. ft. $7.60 $ to 2500 sq. ft. $8.40 $ to 5000 sq. ft. $10.60 $ Over 5000 sq. ft. $13.00 $ Apartment or Condominium - $ per unit (Permits are valid for a 12 month period) Septic Permits Safety Codes Fees Application Fees Residential (Permits are valid for a 12 month period) Septic Permit $10.00 $ Page 38

39 BUILDING AND SAFETY CODES PERMITS Gas Installations Safety Code Fees Application Fees Propane tank set ( new or replacement) $6.00 $ Temporary Propane /Natural Gas Heating $6.00 $ (includes tank set) Gas/propane cylinder and refill centre $6.00 $ Replacement Commercial or Industrial Appliance per unit as follows: 0-400,000 BTU input $6.00 $ ,001 to 5,000,000 BTU input $6.60 $ Over 5,000,001 BTU input $13.20 $ Commercial / Industrial Permits, Electrical For Commercial/Industrial Permits, use Fees For Other Than New Residential below Annual Permits 100 kva or less $ to 2,500 kva $ $14.00/100kVA 2,501 to 5,000 kva $ $12.00/100kVA 5,001 to 10,000 kva $ $9.00/100kVA 10,001 to 20,000 kva $ $5.00/100kVA Over 20,000 kva $ $2.00/100kVA All calculations are based on connected load and per 100 kva or fraction of 100 kva over the minimum stated kva Page 39

40 BUILDING AND SAFETY CODES PERMITS PERMIT FEES FOR OTHER THAN NEW RESIDENTIAL Installation Cost Permit fee Installation Cost Permit fee 0-$500 $150 $20, $370 $40, $ $1000 $165 $40, $600 $80,000 $ $5000 $180 $80, $ ,000 $ $10,000 $220 $100, $1100 $200,000 $10, $20,000 $300 $200, $1500 $400,000 $400, plus $2000 Commercial / Industrial Gas Safety Code Application Fees Permits Fees (Permits are valid for a 12 month period) 100,000 BTUs or less $6.00 $ ,001 to 200,000 BTUs $6.40 $ ,001 to 400,000 BTUs $6.80 $ ,001 to 1,000,000 BTUs $8.00 $200 1,000,001 to 2,000,000 BTUs $12.00 $300 Over 2,000,001 BTUs $ $50.00/million total BTUs NOTE: To determine the applicable permit fee for owner applicants, the labour cost is considered to be equal to the material cost for the installation. * An additional 4% Safety Codes Fee is applicable to Permit Fees listed in Schedule B. Page 40

41 BUILDING AND SAFETY CODES PERMITS PERMIT PENALTIES 1) Starting work without Permits a) Electrical, Gas, Plumbing, and Private Sewage b) Principal or Accessory Building; New, Addition or Renovation 2) Extra Inspection Building, Electrical, Plumbing, Gas and Private Sewage Permits a) Inspection unable to access building having been called to inspect ; or b) Project not ready for inspection when inspector is there; or inspection called for, but previously identified deficiency has not been corrected; or c) Additional inspection on a residential building that has complex construction and requires additional inspections to provide adequate compliance monitoring 3) Failure to submit a Verification of Compliance when required by a Safety Code Officer 4) Failure to recall an inspection when required by a Safety Code Officer 5) Occupying a building prior to final inspection permitted construction 6) Continuing to work after a stop work order notice is posted Double the original fees Double the original fees First occurrence: $ Second and each subsequent occurrence: $ First occurrence: $ Second and each subsequent occurrence: $ $ / Inspection $ per offence plus an additional $ for each additional month not paid $ / Occurrence First occurrence: $ Second and each subsequent occurrence: $ (for the same owner, contractor, or agent in the same calendar year) First occurrence: $ Second and each subsequent occurrence: $ (for the same owner, contractor, or agent in the same calendar year) Page 41

42 FEE BYLAW SCHEDULE C PUBLIC WORKS AND ENGINEERING SERVICES FEES As contained in Bylaw 86/ /2018 ENGINEERING REVIEW FEES Notes: 1. Existing planning fees cover approach, pre-development, proof roll, CCC and FAC inspection only. Additional inspections will require additional payment as listed. 2. A New Approach Application fee and deposit must accompany all requests to the Public Works department for new approaches not related to development approvals. Additional inspections will require an additional payment as listed. 3. Fees for additional services, including but not limited to third party engineering reviews as required will be charged to the developer as billed 4. For road use agreements (RUA) letter of credit or deposit is based on route approved by Public Works to the nearest Provincial highway. Fee Gravel road, single access or road allowance development $1500 Paved road, 1 14 lots/units $2000 Paved road 15 to 32 lots/units $4000 Paved road more than 32 lots/units $6500 Geotechnical $700 Stormwater management review plan $2000 per plan Other - percolation, water table $400 Water and sewer systems Minimum fee $1500, billed as per Note #3 above Landscape/lot grading review fee Minimum fee $700, billed as per Note #3 above New approach application fee ( per approach) see Note #2 above $300 Additional inspection fee for approaches, see Note #2 above $300 Approach construction deposit (per approach), see Note #2 above $5000 Additional inspection fee for roads, see Note#1 above $700 Crossing Agreement and work in right of way inspection $500 Road Use Agreements Fees Road use agreement inspection fee (pre/post) $500 Gravel surface LOC $5000 per km Maintainable road oil ( MRO) surface LOC $25,000 per km Chip seal surface LOC $35,000 per km Asphalt surface LOC $150,000 per km Page 42

43 FEE BYLAW SCHEDULE D GIS AND MAPPING SERVICES FEES As contained in Bylaw 86/ /2018 GIS / MAPPING PRODUCT and SERVICES FEES GIS/Mapping products available are based on Municipal Records (current), AltaLIS data (Current) and Orthoimagery (aerial photography). The MD offers three levels of products; Printed Maps, Printed Custom Maps and Digital Data (for more information please contact a GIS Technician at ). Notes: 1. Products are not survey quality and are for graphic representation only. 2. All Products are subject to staff availability. Printed Map Fees Product Size Fee Landowner Map 28 x 39 $15.00/ map $11.25/ map (if 10 or more are ordered) Road Map Book (if available) 8½ x 11 $20.00 Quick Plot Map - No Customization - Includes any of the following - Parcel Lines, Hydrography, Roads, Section Numbers, Imagery, 10 Meter Contours Quick Plot Up to Tabloid (11 x 17) $25.00 first map/secured pdf Printed Custom GIS/Mapping Product Fees -Custom Fee is $60/hour with a half hour minimum Product Size Fee per map Custom $25.00 first Up to Tabloid (11 x 17) Tabloid Map map/secured pdf Custom Plot Up to 60 $3.50/ square foot Subject to Shipping and Handling Fees Page 43

44 GIS / MAPPING PRODUCT and SERVICES FEES Digital Data Fees -Hard copy is an additional fee see above -Digital Data Agreement is Required -Data Cutting fee is $60/ hour with a one hour minimum charge Product Options Format Fee Basic Parcel lines ROWP Hydrography Roads Section No GeoTiff Orthoimagery Per Section Per TWP Tiff, ECW Tiff, ECW $25.00 Per Section Plus Data Cutting $50.00 Per Section Plus Data Cutting $ Per TWP No Data Cutting Fee Page 44

45 FEE BYLAW SCHEDULE E ROAD ALLOWANCE & MUNCIPAL RESERVE RATES AND FEES As contained in Bylaw 86/ /2018 Road Allowance and Municipal Reserve Rates and Fees Road Allowance Application license Road Allowance Application - for purchase License Rates Grazing Cultivation Filing fee $100 per application $100 per application Initial application fee $160 $125 $285 $250 Final application fee Rate $10/acre per year $20/acre per year MUNICIPAL RESERVE LEASING, MINIMUM BID AND LEASING RATES Municipal Reserve parcels are owned by the municipality and may be authorized for lease with Council approval. When submitting a bid to lease hay and cultivated land it is expected that any amount submitted above the $ minimum will be equal to or greater than the per acre lease rate outlined in the table above. If the purpose of the lease is intended for grazing of livestock it is expected that your letter of intent outline the number of animals to be grazed on the property at any one time. LEASE TYPE MINIMUM BID PER ACRE LEASE RATE Hay Land $250 $30 Cultivated Land $250 $45 Grazing (Cow/Calf Pairs) $30 per pair per month Grazing (Yearlings) $25 per yearling per month Grazing (Horses) $45 per horse per month Page 45

46 FEE BYLAW SCHEDULE F ASSESSMENT and TAXATION RATES AND FEES As contained in Bylaw 86/ /2018 Assessment and Taxation Rates and Fees ASSESSEMENT The following fees apply when the services are requested by non-owners of land. Assessment Roll photocopies or prints from the website (current year only) Assessment Roll photocopies (previous years) Ratepayer Summary Report (current year only) Ratepayer Summary Report (previous years) Assessment Sales Report Fee $5.00 per page $10.00 per page $5.00 per page $10.00 per page $5.00 per sale property TAXATION Fee Tax Certificates $30.00 Tax Searches $15.00 NSF Charge $25.00 ASSESSMENT COMPLAINT Category of Complaint Fee Residential 3 or few dwellings and farm land $50.00 Residential 4 or more dwellings $ Non-residential $ Business tax $50.00 Tax notices ( other than business tax) $30.00 Linear Property power generation $650 per facility Linear Property other $50.00 per LPAUID Equalized Assessment $ Page 46

47 FEE BYLAW SCHEDULE G Utility Rates and Fees As contained in Bylaw 86/ /2018 Utility Rates - Hamlets Aldersyde, Cayley, Blackie, Millarville & Silvertip January 1 st, 2018 Bi-monthly Flat Rates Basic Fee 5/8 meter $ meter $ meter $ meter $ meter $ meter $1, meter $1, UNMETERED WATER RATE (includes pre-2018 water meters) Consumers who refuse a water meter or have a pre-2018 water meter to install a meter or refuse to allow repair of a meter, or have a nonapproved meter will be charged a service fee not less than 6X the applicable current service fee for water. Usage cu. m. Gal 0-25 cu. m. ( Gal) $1.50 $ cu. m. ( Gal) $2.90 $ cu. m. ( Gal) $4.30 $ cu. m. (16500 Gal +) $5.15 $0.023 Bulk Fill Rate $5.00 $0.023 Wastewater costs set at: 60% of water fees Water and Wastewater Connection Fees Adjacent to Existing Service Fee Refundable damage deposit $ Residential water service connection fee $ gst Commercial and industrial water service connection $ gst Residential wastewater service connection $ gst Commercial and industrial wastewater connection fee $ gst Solid Waste Collection, bi-monthly Fee January 1 st, 2018 $42.00 Page 47

48 FEE BYLAW SCHEDULE H Scott Seaman Sports Rink Facility Rates and Fees As contained in Bylaw 86/ /2018 Scott Seaman Sports Rink Facility Rates and Fees All rates are based on an hourly basis except daily rates; GST applies to all rates; Multi-Purpose Room (MPR) Tables and Chairs are supplied with the MPR rental, other items are the responsibility of the renter; Meeting/Functions with people are charged a $50 set up/take down fee; Meeting/Functions with 100+ people are charged a $ set up/take down fee. Time Key PRIME TIME: 4pm to 10:30 pm, Monday - Friday, Saturday - Sunday open - 10:30pm NON PRIME TIME: Open to 4pm, Monday Friday LATE NIGHT ICE 10:30pm close SPRING ICE: April/May/June Adult Prime Ice $ $ Dry Pad MPR Kitchen MPR Day Rate Kitchen Day Rate $80.00 $80.00 $75.00 $ $ Adult Non-Prime $ $80.00 $50.00 $50.00 $ $ Youth Local Prime Youth Non local l Prime Youth Non Prime School Non- Prime $ $ $ $ $65.00 $50.00 NA $ NA $80.00 NA NA NA NA $ $65.00 $30.00 NA NA NA $ $65.00 $30.00 $30.00 $ $ Spring Ice Prime $ NA NA NA NA NA Spring Ice Non- Prime $ NA NA NA NA NA Late Night Ice $ NA NA NA NA NA Page 48

49 FEE BYLAW SCHEDULE I Foothills Fire Department Rates and Fees As contained in Bylaw 86/ /2018 Foothills Fire Department Rates and Fees Notes: 1. All rates are based on an hourly basis unless otherwise stated. 2. GST applies to all rates. Item Cost Emergency Calls or Stand by Firefighters Stand by rate Firefighter deployment rate Command Apparatus Lost, broken or destroyed equipment Product used (foam etc.) External Resources Fire Permits $ per apparatus $50.00 per firefighter/hr. $ per firefighter/hr. $ per hour Cost Cost Cost No Cost Annual Fireworks Vendor Permit $ Fireworks Possession Permit Initial Fire Inspection Initial Follow up Fire Inspection Subsequent Fire Inspection Liquor License, purchase or sale of Property Inspection Fire or Occurrence Report Records Search Other reports, information, Initial Occupancy Inspection Classroom No Cost No Cost No Cost $ per inspection $ per permit $75.00 per report $75.00 per report $75.00 per report $ per day 1 st False Alarm / Alarm Bells Call No Cost Subsequent False Alarm / Alarm Bells Call $ per apparatus Air Cylinder Refill Non-Compliant Turnout Gear Rental Porta Tank Rental $10.00 per fill $ per set / per course $20.00 per day Page 49

50 Foothills Fire Department Rates and Fees 1. For Fire Service responses located on residential or agriculturally zoned land within the M.D. for a fire not intentionally set by the occupant, or fires caused by an act of nature or vandalism, charges will be actual costs to a maximum of $1, For other Fire Service responses to other types of property for pleasure or agricultural use charges will be actual costs to a maximum of $1, For Fire Service responses located on commercial or industrial zoned land, or to other property used for commercial uses, charges will be actual costs to a maximum cost of $1,500 plus 75% of costs over $1, Where costs are a result of responding to a burn during a burning ban, to a burn without a fire permit, failing to meet the conditions of a fire permit or simple negligence of the occupant or property owner Council may, at its discretion charge the owner or occupant of the land upon which the Incident occurred, the full Fire Service costs. This will include but not be restricted to, incidents involving residential, agricultural, commercial, industrial, all public use buildings and other types of property. 5. When the M.D. incurs fire fighting costs with respect to a fire that spread or threatened to spread onto more than one parcel of land, the Council may, in its discretion, apportion and charge the fire fighting costs actually incurred to the owners of the parcels of land involved in such manner as Council considers being reasonable. 6. Where Fire Service costs are to a result of an intentional act, failing to meet an evacuation order, burning during a fire ban, or simple negligence of the person or persons requiring assistance Council may, at its discretion charge the person or persons the full fire department costs. 7. For Fire Service responses or requests for service into another municipality where there is no agreement specifying otherwise, charges will be as set out from time to time by Alberta Transportation. 8. Fees will not be charged for the following; a. Medical Assists within the Municipal District of Foothills and not on a Provincial or Federal right of way; b. First response to a False Alarm / Alarm Bells within a 12 month consecutive period. 9. Classroom - Tables and Chairs are supplied with the classroom rental. Other items are the responsibility of the renter. Page 50

51 FEE BYLAW SCHEDULE J ARCHIE AND JANET HOGG PARK FEES As contained in Bylaw 86/ /2018 ARCHIE AND JANET HOGG PARK FEES Note: General Camping 1. A permit is required for overnight camping. 2. Overnight camping fees are paid by cash or cheque only and must accompany camping permit as per policy. 3. Maximum of one (1) Recreational Vehicle and one (1) tent OR two (2) tents per site. 4. Fee for additional tents. 5. Reservations are not available. Group Camping 1. Group Camping is not available until further notice. 2. All Group Camp reservations are through the M.D. Administrative Office. 3. Minimum of 2 nights. 4. Long weekend fee includes first 2 nights; additional nights for a fee per unit or tent. Long Weekends, minimum 3 nights. 5. Fees to be paid in advance. 6. Fees are not refundable. Description General Camping Additional Tents Group Camp Fee Additional Group Camp Night Long Weekend Fee (3 nights) All fees include GST A B C Fee $20/night $20/night $250/first 2 nights $300/first 2 nights $250/first 2 nights $200/first 2 nights $20/unit or tent/night Group Camp Fee + Additional Group Camp Night Page 51

52 FEE BYLAW SCHEDULE K FOOTHILLS CEMETERY FEES As contained in Bylaw 86/ /2018 FOOTHILLS CEMETERY FEES Note: 1. Plot Fees do not include Interment Fees. 2. Fees for additional services, including but not limited to third party interment services (open and closing of grave only) will be invoiced to the client as billed at time of interment % of plot/niche fee is transferred to the perpetual fund. 4. Plot resale is 85% of current plot price. 5. A Monument Permit is required for all monument fabrication, engraving, installation and repairs; and columbaria niche door engraving, reinstallation and repairs. 6. Monument fabrication and installation; monument/columbaria niche engraving, reinstallation and repairs are conducted by third party service providers. Foothills Cemetery Plot/Niche Fees Foothills Highlands Foothills Lookout Foothills Traditional Full Size Plot - Resident $ $ Full Size Plot - Non Resident $ $ Field of Honour Plot - Resident 50% of Regular plot 50% of Regular plot Field of Honour Plot - Non Resident 50% of Regular plot 50% of Regular plot Children Section (0-3yrs) - Plot Resident $ Children Section (0-3yrs) Plot Non Resident $ Cremation Plot - Section Resident $ Cremation Plot - Section Non Resident $ Columbarium Niche - Resident $ $ Columbarium Niche - Non Resident $ $ Administration Fees Monument Permit per incident April 1 to September 30, weather permitting $ April 1 to September 30, weather permitting Administration Fee- Plot Purchase, Interment $ Plot/Niche License Application $ Plot/Niche Interment Application per $ incident Administration Fee- Change of Burial Rights $ Plot/Niche License Return 85% of current plot/niche fee Niche Opening and Closing per incident $ Niche Opening and Closing per incident $ Saturdays, Sundays and Statutory Holidays All fees based on cost recovery All fees subject to GST Page 52

53 FEE BYLAW SCHEDULE L BLACKIE AND CAYLEY CEMETERY FEES MD CEMETERIES FEES As contained in Bylaw 86/ /2018 BLACKIE AND CAYLEY CEMETERY FEES MD CEMETERIES FEES Note: 1. Plot Fees do not include Interment Fees. 2. Fees for additional services, including but not limited to third party interment services (open and closing of grave only) will be invoiced to the client as billed at time of interment % of plot/niche fee is transferred to the perpetual fund. 4. A Monument Permit is required for monument fabrication, installation, inscription and repair work. 5. Monument fabrication, engraving, installation and repair work are conducted and invoiced by third party service providers. 6. Fees apply to all cemeteries owned by the Municipal District of Foothills No. 31 PLOT FEES MD Cemeteries Plot/Niche Fees Type and Size Resident Non-resident Plot License: 4 x 8 $600 $750 $2000 Cremation Plot $300 $1000 Columbarium Niche $1200 $2000 Plot Resale/Rights Holder Transfer 85% of current plot fee Administration Fees MONUMENT PERMIT FEE Monument Permit Fee per incident April 1 to September 30, weather permitting ADMINISTRATION FEE Plot Purchase, Interment $100 April 1 to September 30, weather permitting $100 Plot/Niche License Application $100 Plot/Niche Interment Application per incident $100 ADMINISTRATION FEE Change of Burial Rights $250 Plot/Niche License Return 85% of current plot/niche fee Niche Opening and Closing - per incident - No Niche Opening and Closing on Statutory $400 Holidays All fees based on cost recovery All fees subject to GST Page 53

54 PUBLIC HEARINGS AND MEETINGS PLANNING AND DEVELOPMENT REPORT TO COUNCIL SITE SPECIFIC AMENDMENT TO ALLOW FOR A HYDROVAC OFFLOAD FACILITY December 12, 2018 To be heard at: 2:00pm APPLICATION INFORMATION FILE NO. 18R046 DATE APPL. COMPLETE: October 22, 2018 LEGAL DESCRIPTION: S1/ W5M LANDOWNER: EcoAg Initiatives Inc. APPLICANT: Robin Morrison PROPOSAL: 18R 046 Application for a Site Specific Amendment to allow for a HydroVac Truck Off-Load Facility on the subject property. DIVISION NO: 2 DEPUTY REEVE Delilah Miller FILE MANAGER: Logan Cox EXECUTIVE SUMMARY: Summary of Proposal Site Specific Amendment to the Agricultural District land use in order to allow for HydroVac Off-Load Facility on the subject property. This application is a result of enforcement; an active Stop Order is present on the property for this use. The Stop Order timeline gave EcoAg Initiatives Inc. until November 1, 2018 to cease HydroVac offloading on site. Pertinent Site Considerations Existing Approvals on site for a Confined Feeding Operation and Composting Business, composting was considered an Agricultural, General use in conjunction with the approved Confined Feeding Operation. Property utilizes direct Highway access from Highway 543 W. Policy Evaluation The application does not comply with the Land Use Bylaw (Stop Order issued October 2, 2018), the Municipal Development Plan nor the Growth Management Strategy. Referral Considerations Alberta Environment... No comments were received with circulation of this application. Approvals for the HydroVac Off-Loading Facility and Composting Activities were obtained from Alberta Environment and Parks prior to receiving this application (these approvals are attached as Appendixes). Alberta Transportation Traffic Impact Assessment (TIA) and Roadside Development Permit will be required. Pending results of the TIA, upgrading to the Municipal road and/or Highway 543 W. may be required. Alberta Health Services. Ensure protections are place to prevent groundwater contamination. Property to comply with Alberta Public Health Act, Nuisance and General Sanitation Regulation 243/2003 Page 54

55 PROPERTY DESCRIPTION MUNICIPAL ADDRESS: Highway 543 W. LEGAL LAND DESCRIPTION: S1/ W5M LOCATION: The subject property is located approximately 11 kilometers west of the Town of High River, 100 meters south of Tongue Creek (at its closest point), adjacently north of Highway 543 W. and adjacently west of 48 Street W. CURRENT LAND USE: Agricultural District PROPOSED LAND USE: Site Specific Amendment to the Agricultural District to allow for a HydoVac Off-Load Facility AREA OF SUBJECT LANDS: SW acres, SE acres PURPOSE OF APPLICATION: Bylaw XX/2018 Application for a Site Specific Amendment to the Agricultural Land Use District in order to allow for a HydroVac Off-Load Facility over a 32.0+/- acre portion of the SE W5M. The application notes: 1. The Alberta Environment and Parks approval allows for up to 20,000 metric tonnes of organic material per year; 2. All visitors and operators on the site are required to sign in either via their scale ticket or per a sign in form; 3. Adequate signage is present on site; 4. Hours of operation are Monday through Friday, 8am to 5pm 5. A staff member is available on site 24/7 Notes: The application indicates the south half of the section being the subject lands within the application, however the off-loading area is approximately 32.0+/- acres of land within the SE W5M, north of the existing feedlot area. Background: September 19, Warning Letter issued from the Protective Services Department to EcoAg Initiatives Inc. for the dumping of hydrovac waste on the subject property. Warning Letter gave until October 1, 2018 to make application or cease activities. October 2, Stop Order issued to EcoAg Initiatives Inc. for Lot Grading without an approved Development Permit, composting material being brought to site without an approved Development Permit and Waste Management, Minor & Major occurring on site without an approved Development Permit. The Stop Order required compliance by November 1, October 11, Application for a Site Specific Amendment (18R046) was submitted. Page 55

56 SITE CONSIDERATIONS: Access: Subject property has direct access to Highway 543 W. and 48 Street W., approaches exist onto both roadways. Alberta Transportation has requested a Traffic Impact Assessment to be completed if Council wishes to support the application. Public Works has mirrored that request and also has concerns with dirt and other materials being tracked onto Highway 543 W. Current Land Use: Subject Parcel: Agricultural District Adjacent Lands: Agricultural District and one 0.87acre Country Residential District parcel adjacently south of the subject parcel, which was an old school site. Existing Development: Subject Parcel: Feedlot pens, Barns, Silos, Weight Scales and a residence. Adjacent Lands: Limited residential development, predominately agricultural, cultivated, lands Environmental Considerations: Tongue Creek is between 100 meters to 450 meters to the north of the property boundaries, an unnamed drainage channel is present on the southwest quarter section of the subject parcels that drains into Tongue Creek. History: September 16, Building Permit 949 was issued for stock corrals September 23, Building Permit 1144 was issued for a 90 ft. tall silo to be constructed on the property. October 1, Building Permit 948 was approved for a 50 ft. x 152 ft. Quonset. September 20, Development Permit 650 for a Confined Feeding Operation containing 2,500 animals with a 100 ft. x 400 ft. building was approved by the Foothills Municipal Planning Commission Development Permit 1497 for a Confined Feeding Operation containing 1200 animals with a 65 ft. x 400 ft. building was approved by the Foothills Municipal Planning Commission. October 3, Zoning Appeal Board granted approval for a feedlot on the subject parcel and relaxation of setback requirements subject to approval from the local health authority November 10, Building Permit 6988 was approved for a 435 sq. ft. single family dwelling to be constructed. Page 56

57 November 18, Interoffice Memorandum to the Land File, this document reads: if a landowner is composting on an agricultural parcel and it is related to an existing operation on that land, they do not require a Development Permit. If the composting is taking place on agricultural land where there is no development similar to the operation involved they do require a Development Permit. If a landowner is composting on other property, they also require a Development Permit Registration was given from Alberta Environment with respect to a small compost facility (<20,000 tonnes/year of feedstock). A copy of this approval has been included as an Appendix to Council s Staff Report. July 27, Letter from the Municipality to Tongue Creek Feeders Ltd. advising the feedlot operation to be legal conforming use on: S.E W5 N.E W5 S.E W5 S.W W5 January 26, Letter from the Municipality to Peter Morrison regarding a Bio-Gas Facility on the SE W5M. This letter reads: Further to our Office becoming aware that there is a bio-gas facility being set up on your property, please be advised that provided this facility has full Provincial approval and is being used solely for the benefit of your own agricultural operation and is not being set up as a public facility, you will not be required to obtain a permit from the M.D. of Foothills, as this will be considered a general agricultural use. If in the future, you decide that this facility could be used for the benefit of the public, you will be required to apply for and obtain any approvals necessary before this could be carried out. June 23, The Director, Southern Region, Environmental Management, Alberta Environment, issued approval to EcoAg Initiatives Inc. authorizing the construction, operation, and reclamation of the High River Waste Management Facility located in the SE W5M for the collection and processing of waste to produce fuel. Such fuel is commonly referred to as biogas. July 22-Sept. 29, Environmental Appeals Board received Notices of Appeal from neighbouring landowners. March 11, Alberta Environmental Appeals Board Report and Recommendations was completed for the appealed Biogas operation on the subject parcel. This report has recommendations to the Director, Southern Region, Environmental Management, Alberta Environment with regards to the approval to EcoAg Initiatives Inc. Page 57

58 Some of the recommendations are: 1. Removal of the composting approval from Alberta Environment within 18 months of the Minister s decision so that only manure and dry material could be used in the composting site, which was the intent of EcoAg Initiatives Inc. at the hearing; 2. Require EcoAg Initiatives to submit and implement a Groundwater Monitoring Program acceptable to the Director prior to the Facility starting its operations; 3. If an odour complaint is received that requires EcoAg Initiatives Inc. to take the steps to stop offensive odours as required under the approval, all steps must be taken within two weeks of receiving the odour complaint, unless the Director grants an extension Should Council wish to review the Alberta Environmental Appeals Board Report a copy can be provided the report is 77 pages, so it was not included in Council s Staff Report. September 17, Notification was issued from Alberta Environment and Parks for a Waste Management Facility. This approval allows for the hydrovac facility to accept non-hazardous material that will undergo gravity assisted phase separation. A copy of this approval has been included as an Appendix to Council s Staff Report. October 2, Stop Order issued to EcoAg Initiatives Inc. for Lot Grading without an approved Development Permit, composting material being brought to site without an approved Development Permit and Waste Management, Minor & Major occurring on site without an approved Development Permit. The Stop Order required compliance by November 1, POLICY EVALUATION: Municipal Development Plan: The application does not align to the Agricultural Policies of the MDP2010 as the proposed use is neither an agricultural use nor does it support the agricultural industry. The proposed use is a Waste Management Facility as defined by Alberta Environment and the MD of Foothills Land Use Bylaw. The application does not comply with Economy Policies of the MDP2010 as it proposes an industrial use outside of existing or new industrial and commercial parks. The proposed use is not consistent with the surrounding area as the use is not an Agricultural or Residential use that is predominant to the area. Land Use Bylaw: The proposed use would either fall into the Waste Management Facility, Major or Waste Management Facility, Minor within the Land Use Bylaw 60/2014. Neither of these uses are contemplated within the Agricultural District and therefore require either a Redesignation to another district or a Site Specific Amendment to allow for the use on the parcel. Page 58

59 Waste Management Facility, Major means a site used primarily for the storage, processing, treatment and disposal of solid and/or liquid wastes, which may have adverse environmental impact on adjacent sites by virtue of potential emissions and/or appearance. Typical uses include sanitary landfills, garbage transfer and compacting stations, recycling facilities (not including recycling depots), incinerators, wrecking and scrap metal yards, and similar uses. Waste Management Facility, Minor means a site used for the storage, disposal and filling of clean clay, waste concrete and paving materials, non-noxious scrap building materials, and similar non-hazardous wastes which normally do not generate any environmental pollution to the site and surrounding lands. This includes a dry waste site. Section of the Land Use Bylaw 60/2014 allows for Landscaping and Screening requirements to be applied to commercial and industrial uses. If landscaping and screening is required it shall be completed in accordance with the Municipality s Screening Standards. Composting as part of agricultural, general uses is permitted on a property without a Development Permit so long as: a. material is not brought on site for the purpose of composting; b. compost material is not removed from the property; c. the compost site is located within the building setback area on the property in accordance with the applicable land use; and d. there is no offensive smoke, dust, odour, or heat produced by the activity that extends beyond the boundary of the lot. The existing composting occurring on site appears to exceed the allowances under the Land Use Bylaw. Growth Management Strategy: The subject parcel is within the South Central District. Section 3.6 of the Growth Management Strategy speaks to planning for industrial and commercial development; this section suggests that the MD re-affirm the Highway 2A corridor as the most appropriate area for industrial developments and to remain cognizant of the impacts of commercial and industrial development on existing land uses when considering new applications. The growth management vision for the South Central District speaks to the supporting moderate growth and development in this area, particularly in locations where there is infrastructure nearby and where agricultural operations are less likely to be affected; Other Relevant Municipal Policies: Screening Standards: A guideline to outline potential requirements for development in the MD. The required level and materials for screening should be acknowledged by Council. Full Screening Full screening is used to provide a complete visual barrier of a selected area, using fences, walls, berms and/or tightly spaced evergreen plant material. Page 59

60 Full screening may be considered appropriate when the intent is to fully block the view from the adjacent roads or lands. Garbage storage areas and electrical or mechanical equipment locations are examples of areas that may benefit from full screening. There may be circumstances where full screening is used in conjunction with partial or buffer forms of screening on a site. Partial Screening Partial screening is used when the intent is to visually block approximately 50% of the activity or facility from adjacent properties or roadways. A partial screen provides a sense of visual transparency between portions of the site and adjacent roads/lands. This moderate level of screening is appropriate for a variety of sites. A combination of walls/ fences, coniferous / deciduous plant material and earth berms can be used to create partial screening by blocking approximately 50% of the site from view. Fences may allow for 50% opacity, trees are planted farther apart and earth berms may only be half the height necessary to block the view. A hedge of deciduous shrubs, such as lilacs or caragana provides significant coverage for 50% of the year. A combination of multiple screening elements can be used to create an interesting visual barrier from both inside and outside the site. Screening Levels by Activity or Facility Category Suggested Screening Level: - Outdoor Storage Areas, Material Stockpile Areas, Exterior Work Areas 50% - Garbage & Waste Areas, Mechanical & Electrical Equipment 100% CIRCULATION REFERRALS REFEREE INTERNAL Engineering / Public Works Fire Mapping EXTERNAL Alberta Environment and Parks Alberta Health Services COMMENTS Endorse the requirement for TIA that Alberta Transportation has requested 1. No hazardous material to be accepted 2. Ensure access to site for Fire Department 3. Adequate amount of Fire Extinguishers to be available on site as per NFPA 10 Update to addresses to include suite numbers of site operations may be required No comments received from circulation Notification of a Waste Management Storage Site was given by AEP on September 17, 2018 A copy of this Notification is attached as an Appendix to Council s Staff Report 1. AHS recommends ensuring the operation in compliance with any requirements, standards or codes of practice that may be in place with other agencies regarding hydro vac waste disposal and processing such as Alberta Environment and Parks. 2. AHS recommends all efforts be made to ensure any possibility of groundwater contamination is addressed during waste Page 60

61 CIRCULATION REFERRALS Alberta Transportation PUBLIC Western Wheel processing. Specifically, AHS recommends that any groundwater wells on site be identified and adequately protected from any aspect of the operation. 3. Ensure the property is maintained in accordance with the Alberta Public Health Act, Nuisance and General Sanitation Regulation 243/ Roadside Development Permit will be required 2. A Traffic Impact Assessment (TIA) would have to be prepared by a qualified transportation professional, and reviewed by Alberta Transportation and the MD of Foothills No. 31. The TIA must be completed in accordance with the required information contained within Alberta Transpiration s document entitled Traffic Impact Assessment Guideline. This document will provide information regarding the traffic generated by the proposed and existing development, and will identify any necessary upgrades to the intersection of Highway 543 if required. 3. Subject to mutual acceptance of the TIA by the department and the municipality, if the Traffic Impact Assessment noted above includes a recommendation for highway improvements, a design report must be prepared prior to consideration of a permit for construction of the highway improvements. (In the case of upgrading a municipal road intersection with a provincial highway, the Municipality must be the applicant for the purposes of issuing a permit for construction of intersection upgrades). 4. Design and construction of the proposed highway improvements are to be completed at no cost to Alberta Transportation and to the satisfaction of Alberta Transportation and the MD of Foothills No. 31 Advertised in the November 28 th and December 5 th editions of the Western Wheel Newspaper SUMMARY Application for a Site Specific Amendment to the Agricultural Land Use District in order to allow for a HydroVac Truck Off-Load Facility over a 32.0+/- acre portion of the SE W5M. Page 61

62 OPTIONS FOR COUNCIL CONSIDERATION: OPTION #1 APPROVAL Council may choose to grant 1 st reading to the application for a Site Specific Amendment to the Agricultural Land Use District on a 32.0+/- acre portion of the SE W5M in order to allow for a HydroVac Off-Load Facility, for the following reasons: In their consideration of the or the criteria noted within the Agricultural and Economy Policies of the MDP2010, Council is of the opinion that HydroVac Off-Load Facility would not be detrimental to the Agricultural use of the property and the nature of the surrounding area. Council is of the opinion that the application meets the intent of the South Central District of the Growth Management Strategy by allowing for moderate development in the area. Recommended Conditions for Option #1: 1. Applicant to comply with the existing Stop Order, dated October 2, 2018 with regards to immediately ceasing HydroVac Off-Loading on the site. At no time shall the operation commence without an approved Development Permit for that use; 2. Applicant is to submit the location(s) of water wells on the property and the existing protections in place to stop contamination; 3. Applicant to submit the Groundwater Monitoring Program required as a condition of approval of Environmental Appeals Board File No. EAB , 016 & 019 (dated March 11, 2011); 4. Applicant to submit the acceptance from Alberta Environment for the Groundwater Monitoring Program required as a condition of approval of Environmental Appeals Board File No. EAB , 016 & 019 (dated March 11, 2011); 5. Applicant is to submit a Traffic Impact Assessment, completed by a qualified transportation professional to the satisfaction of the Alberta Transportation and the Municipality; 6. Subject to mutual acceptance of the TIA by the department and the municipality, if the Traffic Impact Assessment noted above includes a recommendation for highway improvements, a design report must be prepared prior to consideration of a permit for construction of the highway improvements 7. Final Amendment application fees to be submitted; 8. Submission of a complete Development Permit application and the necessary fees; Page 62

63 OPTION #2 REFUSAL Council may choose to refuse the application for a Site Specific Amendment to the Agricultural Land Use District on a 32.0+/- acre portion of the SE W5M in order to allow for a HydroVac Off-Load Facility, for the following reasons: In consideration of the Agricultural and Economy Policies within the MDP2010 and the non-compliance with the Land Use Bylaw 60/2014, Council did not find sufficient merit in the proposal to consider such development to remain in a predominately Agricultural Area. Council is of the opinion that industrial uses should locate to the Highway 2A Industrial Area Structure Plan as directed in the Growth Management Strategy, Municipal Development Plan and the Land Use Bylaw. Further Council is of the opinion that the development, as proposed, may have adverse environmental impact and unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment, or value of neighbouring properties. APPENDICES APPENDIX A: MAP SET: LOCATION MAP HALF MILE MAP LAND USE HALF MILE MAP PARCEL SIZES SITE PLAN SITE PLAN WITH ORTHO PHOTO APPENDIX B: PROPOSED BYLAW: APPENDIX C: ALBERTA ENVIRONMENT AND PARKS APPROVALS: REGISTRATION NOTIFICATION Page 63

64 APPENDIX A: MAP SET: LOCATION MAP Subject Parcel Foothills Regional Landfill Town of High River Page 64

65 APPENDIX A: MAP SET: HALF MILE MAP LAND USE Subject Parcel Legend In Transition A- Agricultural CR- Country Residential Note: The In Transition Land Use shown in the top left corner of the map (just outside of the ½ mile area of the subject parcel) received third reading to Bylaw 030/15 for Redesignation from Industrial Natural Resource to Country Residential Subdistrict A to allow for eight 2.2+/- acre parcels Page 65

66 APPENDIX A: MAP SET: HALF MILE MAP PARCEL SIZES Subject Parcel Page 66

67 APPENDIX A: MAP SET: SITE PLAN Note: The area outlined with the dashed line labeled Industrial Area is the area of HydroVac Off-Loading. This area was roughly measured at 32.0+/- acres using the Municipal GIS Software (ESRI ArcMap ) Page 67

68 APPENDIX A: MAP SET: SITE PLAN WITH ORTHO PHOTO Page 68

69 APPENDIX B: PROPOSED BYLAW: BYLAW XX/20XX BEING A BYLAW OF THE MUNICIPAL DISTRICT OF FOOTHILLS NO. 31 TO AUTHORIZE AN AMENDMENT TO THE LAND USE BYLAW NO. 60/2014 AS AMENDED WHEREAS pursuant to the provisions of the Municipal Government Act, Chapter M-26 Revised Statutes of Alberta 2000, and amendments thereto, the Council of the Municipal District of Foothills No. 31 in the Province of Alberta, has adopted Land Use Bylaw No. 60/2014 and amendments thereto; AND WHEREAS the Council has received an application to further amend the Land Use Bylaw by authorizing a Site Specific Amendment to the Agricultural District land use rules to allow for hydro vac operations as a permitted use within Ptn. SE W5M. NOW THEREFORE THE COUNCIL ENACTS AS FOLLOWS: 1. Under SECTION AGRICULTURAL DISTRICT, the following shall be added under SECTION PERMITTED USES Ptn. SE W5M shall allow for hydro vac operations as a permitted use. 2. This Bylaw shall have effect on the date of its third reading and upon signing. FIRST READING: Reeve Municipal Manager SECOND READING: Reeve Municipal Manager THIRD READING: Reeve Municipal Manager PASSED IN OPEN COUNCIL assembled at the Town of High River in the Province of Alberta this day of, 20. Page 69

70 APPENDIX C: ALBERTA ENVIRONMENT AND PARKS APPROVALS: REGISTRATION Page 70

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93 SUBDIVISION APPROVING AUTHORITY ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL REQUEST FOR SUBDIVISION December 12, 2018 REQUEST FOR SUBDIVISION APPLICATION INFORMATION FILE NO. F NE DATE APPL. COMPLETE: October 10, 2018 LEGAL DESCRIPTION: Plan , Block 1, Lot 1 Ptn. NE W5M EXISTING PARCEL SIZE: acres LANDOWNER: Alberta Ltd. PROPOSAL: F NE Subdivision of one /- acre Agricultural District parcel, leaving a balance /- acre Agricultural 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 /- acre Agricultural District parcel, leaving a balance /- acre Agricultural District parcel. BACKGROUND: 2005 Subdivision of one acre Agricultural District parcel approved from the east side of the quarter section. This approval had requirements for a land acquisition for 5 meters of road widening on the full north and east boundaries of the existing title Redesignation application for four 5.0 to 9.6 acre Country Residential lots with a Municipal Reserve lot, Council required a revision to the plan allowing for one lot around the existing residence on the acre easterly parcel. The applicant revised the plan and registered the 5.01 acre lot in April of Council noted on this application that the parcel was not conducive to subdivision of the four lots as presented, due to the surface water throughout the parcel that would be retained within the proposed parcels Development Permit 09D 184 was approved for a Fish Hatchery and Warehouse on the subject parcel. This approval is now null and void as the operation never commenced within 12 months of the issuance of the permit Application for redesignation to allow for four 2.7 to 5.2 acre Country Residential District parcels to be subdivided from the subject property. The applicant submitted high water table and percolation testing which confirmed the absence of near surface water within the development area, the applicant Page 93

94 also provided that each lot contained a one acre building envelope. The application was refused by Council with the following motion: Moved that the decision regarding the proposed redesignation be refused as the density is not consistent with the densities in the area and Council considers development of this area would be premature at this time Application for Amendment to allow for the future subdivision of one 21.0 acre Agricultural District parcel from the subject property was refused by Council with the following motion: Moved that the application to allow for an amendment of Plan , Block 1, Lot 1 in the NW W5M from Agricultural District land use rules in order to permit the future subdivision of one 21.0+/- acre parcel be refused for the following reasons: The area that is separate from the water course has a legal access from 64 Street West; Council is of the opinion that there is no justification to allow for a second agricultural parcel and the fourth parcel out of the quarter section thereby creating a density that is not in keeping with the area 2014 Application for Redesignation over a portion of the subject property from Agricultural to Country Residential District in order to allow for the future subdivision of three 4.0 to 4.86+/- acre parcels was refused by Council with the following motion: In consideration of Policy 2 of the Agricultural Section of the MDP2010, Council did not find sufficient merit in the proposal to consider removing the subject lands form the Agricultural land use district. Furthermore, in their consideration of the criteria noted in Residential Policy 3.1, 3.4 and 3.7 of the MDP2010, Council is of the opinion that the application does not adequately address the intent of the Residential policy with respect to the suitability of the land for residential uses and the cumulative effects of the development Application for Amendment to the Agricultural District land use rules to allow for the future subdivision of one 21.0+/- acre parcel from the subject property was refused by Council with the following motion: In consideration of Policy 2 of the Agricultural Section of the MDP2010, Council did not find sufficient merit in the proposal to consider removing the subject lands form the Agricultural land use district. SITE CONSIDERATIONS: Access: Existing approach off of 434 Avenue W. through a shared driveway with Plan , Block 1, Lot 2; Ptn. NE W5M ( Avenue W.) which accesses the existing structures on the subject parcel. Proposed approach from 64 Street W. to provide access to proposed /- acre parcel. Current Land Use: Subject Parcel: Agricultural District Page 94

95 Adjacent Lands: Three Country Residential District Parcels, one Agricultural Subdistrict A parcel, and four Agricultural District parcels. Environmental Considerations: Seasonal drainage course runs through the proposed /- acre parcel and a portion of the proposed balance parcel. Area Character: Many larger Agricultural District parcels in the surrounding area with limited larger Country Residential District subdivisions with higher numbers of smaller Country Residential District parcels to the east. POLICY EVALUATION: South Saskatchewan Regional Plan: This proposal generally does not align with the policy direction of the South Saskatchewan Regional Plan (SSRP). The most relevant policy section(s) of the SSRP are related to Economy, Efficient Use of Land and Community Development. These sections speak to limiting further fragmentation of viable farm land and to limit the new development of previously undeveloped lands. Municipal Development Plan: The application does not comply with Agricultural Policy 2 and 3 as well as Residential Policy 3.1, 3.5, and 3.6. Land Use Bylaw: The application does not comply with section of the Land Use Bylaw as a land use bylaw amendment was approved prior to subdivision being applied for. The previous land use application was refused by Council on June 6 th, Growth Management Strategy: The subject parcel is within the South Central District. The application may comply with the Growth Management Strategy for the South Central District as the vision for the district notes moderate growth within the district in the areas between the Towns of High River and Okotoks as well as near Highway 2. The district notes that the western portion is predominately agricultural and that further development pressure is anticipated for the northern portion of the district (north of the Highwood River); majority of the growth for this district is to occur on the eastern portion of the district. 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. Page 95

96 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 /- acre Agricultural District parcel, leaving a balance /- acre Agricultural 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 /- acre Agricultural District parcel from Plan , Block 1, Lot 1; Ptn. NE 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 as well as the further fragmentation of agricultural land; The application does not meet the intent of the Agricultural and Residential Policies of the Municipal Development Plan 2010, specifically Residential Policies 3.1, 3.5 and 3.6 and Agricultural Policies 2 and 3; The application does not meet the requirements of Sections of the Land Use Bylaw 60/2014; and The application does not meet the vision or predicted location for growth within the South Central District of the Growth Management Strategy. APPENDICES APPENDIX A: MAP SET: LOCATION MAP LOT ORTHO SITE PLAN Page 96

97 APPENDIX A: MAP SET: LOCATION MAP Town of Okotoks 64 Street W. 434 Avenue W. Subject Parcel Page 97

98 LOT ORTHO Page 98

99 SITE PLAN Page 99

100 SUBDIVISION APPROVING AUTHORITY ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL TIME EXTENSION REQUEST December 12, 2018 REQUEST FROM APPLICANT FOR TIME EXTENSION APPLICATION INFORMATION FILE NO. F N LEGAL DESCRIPTION: N W4M, Plan , Block 3, Lot 2 LANDOWNERS: Jason and Jennifer Byam Braydon and Brooke Byam AGENT: CivicWorks Planning and Design AREA OF SUBJECT LANDS: acres CURRENT LAND USE: Country Residential District PROPOSAL: Subdivision of one /- acre Country Residential Sub district A parcel parcel with an /- acre Country Residential balance. DIVISION NO: 2 COUNCILLOR: Delilah Miller FILE MANAGER: Theresa Chipchase PURPOSE OF REQUEST Request that the Subdivision Approving Authority consider granting a time extension with regards to the subdivision of the N W4M, Plan , Block 3, Lot 2, which would allow the applicant until October 11 th, 2019 to complete their subdivision conditions. NOTE: Due to changes in Councillor Divisional Boundaries, this application has moved from Division 1 to Division 2. BACKGROUND October 11 th, 2017 Council granted third reading granted to Bylaw 8/2017 authorizing amendment to the Country Residential District in order to permit the future subdivision of one /- acre Country Residential Sub district A lot with an /- acre Country Residential balance parcel. October 11 th, 2017 Subdivision was conditionally approved by the Subdivision Approving Authority to allow one /- acre Country Residential Sub district A parcel with an /- acre Country Residential balance parcel. October 1 st, To date, all conditions of the original approval remain incomplete. Page 100

101 NOTE: A copy of the Subdivision Approving Authorities approval conditions has been attached to this staff report as Appendix C. As well, the applicant has provided the fee required and an accompanying letter of request. REQUEST OF THE SUBDIVISION APPROVING AUTHORITY The Subdivision Approving Authority is respectfully requested to consider a time extension of one year for the subdivision approval granted on October 11 th, 2017 for the N W4M, Plan , Block 3, Lot 2, providing the applicant until October 11 th, 2019 to complete their outstanding conditions. APPENDICES APPENDIX A - MAP SET: LOCATION MAP SITE PLAN ORTHO PHOTO APPENDIX B: LETTER OF REQUEST FROM APPLICANT APPENDIX C: SUBDIVISION APPROVING AUTHORITIES CONDITIONS Page 101

102 APPENDIX A: LOCATION MAP Okotoks Hwy 547 Hwy 7 Hwy 2 Hwy 783 Hwy 2A Hwy 543 High River Hwy 23 Longview Subject Parcel Page 102

103 SITE PLAN Page 103

104 ORTHO PHOTO Page 104