2 Adoption of Agenda and Emergent Issues. 3 Adoption of Minutes 2-10 a) Minutes of the Municipal Planning Commission meeting on May 6, 2015

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1 Page... 1 Call to Order VULCAN COUNTY Municipal Planning Commission AGENDA Wednesday, May 20, :00 AM Vulcan County Council Chambers Administration Building 102 Centre Street, Vulcan, Alberta 2 Adoption of Agenda and Emergent Issues 3 Adoption of Minutes 2-10 a) Minutes of the Municipal Planning Commission meeting on May 6, b) Business Arising from the Minutes 4 Development Permits 11 a) Permitted Use b) Development Permit , Summerland (Keith Wilson) E 1/ W4M W 1/ W4M.. 5 Private Deliberations 6 Adjournment Page 1 of 71

2 VULCAN COUNTY MINUTES Municipal Planning Commission Meeting May 6, 2015 Council Chambers Administration Building 102 Centre Street, Vulcan, Alberta Present: Absent: Vice Chair Roy Lucas Member Glen Gateman Member Derrick Annable Chair Rod Ruark Member Murray McLean Member Jason Schneider Also Present: Leo Ludwig, Chief Administrative Officer Ryan Dyck, ORRSC Jeff Gibeau, Development Officer Heather Selke, Executive Assistant As per Procedure Bylaw All Resolutions of the Municipal Planning Commission are recorded Votes, when resolutions are carried unanimously, names will not be recorded. Call to Order Vice Chair Lucas called the meeting to order at 9:02am Adoption of Agenda and Emergent Issues MPC MOVED BY MEMBER McLEAN that the Commission adopted the agenda as presented. CARRIED UNANIMOUSLY. Adoption of Minutes Minutes of the Municipal Planning Commission meeting on April 15, 2015 MPC MOVED BY MEMBER ANNABLE that the commission adopted the Minutes of the April 15, 2015 as presented. CARRIED UNANIMOUSLY. 3 a) - 20 May 2015 Page 2 of 71

3 Municipal Planning Commission - 06 May 2015 Minutes May 06, 2015, Development Permits Development Permit Doug West Accessory Building with Wavier (shop for extensive agricultural and grazing uses only) SW W4M MPC MOVED BY MEMBER SCHNEIDER that the applicant Doug West be moved to the table to speak to his application and answer any questions that may arise. CARRIED UNANIMOUSLY. Development Permit , Randle Second Residential Dwelling (Modular Home) SE W4M The Applicant was not in the gallery to speak to the application. Development Permit Mannix (Gear) Park Model Home (similar to Manufactures Home 1), and Group Camp for personal use only (with a steel frame and fabric structure) Parcel "D", Plan The Applicant was not in the gallery to speak to the application. Subdivisions Subdivision Application NW1/ W4M Administration read a letter from Alberta Transportation in regards to the application. MPC MOVED BY MEMBER GATEMAN that applicant Kelly Nelson be moved to the table to speak to her application and answer any questions that may arise. CARRIED UNANIMOUSLY. Shane Sherman a representative from Richardson Pioneer came to the table to raise concerns regarding the application. Russ Reich a representative from Richardson Pioneer came to the table to ask for a risk assessment for the application. Subdivision Application NE1/ W4M MPC MOVED BY MEMBER McLEAN that the applicant Steven Malmberg be moved to the table to speak to the application and answer any questions that may arise. CARRIED UNANIMOUSLY. 3 a) - 20 May 2015 Page 3 of 71

4 Municipal Planning Commission - 06 May 2015 Minutes May 06, 2015, Subdivision Application SE1/ W4M MPC MOVED BY MEMBER SCHNEIDER that the applicant Glen Nelson be moved to the table to speak to the application and answer any questions that may arise. CARRIED UNANIMOUSLY. Vice Chair Lucas recessed the meeting at 9:59am Vice Chair Lucas reconvened the meeting at 11:27am Private Deliberations MPC MOVED BY MEMBER ANNABLE that the Commission move into Private Deliberations at 11:28am FOR Vice Chair Lucas Member Gateman Member Annable Member McLean AGAINST Member Schneider CARRIED. MPC MOVED BY MEMBER SCHNEIDER that the Commission move out of Private Deliberations at 12.14PM CARRIED UNANIMOUSLY. Development Permits Development Permit Doug West Accessory Building with Wavier (shop for extensive agricultural and grazing uses only) SW W4M MPC MOVED BY MEMBER ANNABLE that the Municipal Planning Commission consider approval of Development Permit for an Accessory Building with Waiver (shop for extensive agricultural and grazing uses only) with the following conditions: 1. No Development authorized by this Development Permit shall commence: a. Until at least 21 days after the issue of the Development Permit, or b. If an appeal is made, until the appeal is decided on. 2. On the Accessory Building (shop for extensive agricultural and grazing uses only) the minimum distance from the road setback requirement be granted a waiver to 13.3m from 38.1m. 3. The minimum/maximum requirements for all other setbacks as established in Land Use Bylaw are met. 4. All outstanding taxes owed to Vulcan County shall be paid prior 3 a) - 20 May 2015 Page 4 of 71

5 Municipal Planning Commission - 06 May 2015 Minutes May 06, 2015, to the commencement of this development. 5. This is not a building permit, all Permits as required under the Safety Codes Act and its regulations shall be obtained and a copy of the Building Permit and any other required Safety Code Act approvals or permits shall be submitted to the County. 6. Any permits or approvals required for sanitary sewage and water services shall be supplied in accordance with Alberta Safety Codes Act and Alberta Environment. 7. Any permits or approvals, if required by Alberta Environment, shall be obtained, and a copy of the permit or approval shall be submitted to the County. (where applicable) 8. The applicant is solely responsible to obtain and comply with any other required Municipal, Provincial or Federal government permits, approvals, or licenses. 9. This Development Permit is valid for 12 months from the date of issue unless the Municipal Planning Commission has extended the term of the Development Permit in accordance with the Land Use Bylaw. FOR Vice Chair Lucas AGAINST Member Gateman Member Schneider Member Annable Member McLean DEFEATED MPC MOVED BY MEMBER ANNABLE that Development Permit be refused for the following reason: In the view of the Vulcan County Municipal Planning Commission, the requested wavier is excessive and therefore was not prepared to exercise their waiver power. FOR Member Gateman Member Schneider Member Annable Member McLean AGAINST Vice Chair Lucas CARRIED. Development Permit , Randle Second Residential Dwelling (Modular Home) SE W4M MPC MOVED BY MEMBER SCHNEIDER that the Municipal Planning Commission consider approval of Development Permit for a Second Residential Dwelling (Modular Home) with the following conditions: 3 a) - 20 May 2015 Page 5 of 71

6 Municipal Planning Commission - 06 May 2015 Minutes May 06, 2015, 1. No Development authorized by this Development Permit shall commence: a. Until at least 21 days after the issue of the Development Permit, or b. If an appeal is made, until the appeal is decided on 2. The applicant shall enter into a road approach agreement with Vulcan County, where the existing approach is inspected & upgraded as required. 3. The applicant shall have six months from the date of approval to demolish & remove the northerly most dwelling (the dwelling being replaced by the approved modular home). 4. The minimum/maximum requirements for all setbacks as established in Land Use Bylaw are met. 5. All outstanding taxes owed to Vulcan County shall be paid prior to the commencement of this development. 6. If the septic field is replaced (or a new septic field installed), as per Schedule 4 of the Land Use Bylaw, the applicant provide the results of a professional soil test/analysis, ensuring that the soil characteristics of the parcel in question are capable of supporting a second septic field, and that test/analysis identify and confirm the depth to the water table to meet provincial requirements. Said test/analysis must be performed and approved by an engineer or approved agency and submitted to the County. 7. That the applicant situates the Modular Home on a permanent foundation. 8. This is not a building permit, all Permits as required under the Safety Codes Act and its regulations shall be obtained and a copy of the Building Permit and any other required Safety Code Act approvals or permits shall be submitted to the County. 9. Any permits or approvals required for sanitary sewage and water services shall be supplied in accordance with Alberta Safety Codes Act and Alberta Environment. 10. Any permits or approvals, if required by Alberta Environment, shall be obtained, and a copy of the permit or approval shall be submitted to the County. (where applicable) 11. The applicant is solely responsible to obtain and comply with any other required Municipal, Provincial or Federal government permits, approvals, or licenses. 12. This Development Permit is valid for 12 months from the date of issue unless the Municipal Planning Commission has extended the term of the Development Permit in accordance with the Land Use Bylaw. CARRIED UNANIMOUSLY. 3 a) - 20 May 2015 Page 6 of 71

7 Municipal Planning Commission - 06 May 2015 Minutes May 06, 2015, Development Permit Mannix (Gear) Park Model Home (similar to Manufactures Home 1), and Group Camp for personal use only (with a steel frame and fabric structure) Parcel "D", Plan MPC MOVED BY MEMBER McLEAN that the Municipal Planning Commission consider approval of Development Permit for Park Model Home (similar to Manufactured Home 1), and Group Camp for personal use only (with a steel frame and fabric structure) with the following conditions: 1. No Development authorized by this Development Permit shall commence: a. Until at least 21 days after the issue of the Development Permit, or b. If an appeal is made, until the appeal is decided on. 2. Without authorization from Vulcan County, the Group Camp for personal use only shall not be converted to commercial use (where financial a transaction including any type of compensation is paid for the use of the property). Authorization may include a rezoning and/or a development process, and will be subject to the municipal regulations of the day. 3. The applicant shall enter into a road approach agreement with Vulcan County: a. Where the existing approach is either removed or inspected & upgraded as required, and b. Where that location of the proposed approach will be reviewed in accordance with municipal policy and regulation and may require Council approved because of the number of existing approaches on quarter-section. 4. A rural addressing sign is required; the applicant shall submit an application with applicable fee. 5. The minimum/maximum requirements for all other setbacks as established in Land Use Bylaw are met, specifically the 38.1 metre (125 foot) setback from the centre line of the municipal roadway. 6. All outstanding taxes owed to Vulcan County shall be paid prior to the commencement of this development. 7. This is not a building permit, all Permits as required under the Safety Codes Act and its regulations shall be obtained. A copy of the Building Permit and any other required Safety Code Act approvals or permits shall be submitted to the County. 8. Any permits or approvals required for sanitary sewer and water services shall be supplied in accordance with Alberta Safety Codes Act and Alberta Environment. 9. Any permits or approvals required by Alberta Environment shall be obtained. A copy of the permit or approval shall be submitted to the County. 3 a) - 20 May 2015 Page 7 of 71

8 Municipal Planning Commission - 06 May 2015 Minutes May 06, 2015, 10. The applicant is solely responsible to obtain and comply with any other required Municipal, Provincial or Federal government permits, approvals, or licenses. 11. This Development Permit is valid for 12 months from the date of issue unless the Municipal Planning Commission has extended the term of the Development Permit in accordance with the Land Use Bylaw. CARRIED UNANIMOUSLY. Subdivisions Subdivision Application NW1/ W4M MPC MOVED BY MEMBER ANNABLE that the Municipal Planning Commission approve subdivision application with the following conditions: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the Vulcan County. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into a Development Agreement with Vulcan County (including but not limited to road construction standards, access onto 1" Avenue In consultation with the Town of Vulcan and the provision of required services) which shall be registered concurrently with the final plan against the t!tle(s) being created. 3. That any conditions of Alberta Transportation be met prior to finalization. 4. Dedication of road adjacent to the northerly and easterly boundary of the parcel, of a design specification to the satisfaction of Vulcan County (in consultation with the Town of Vulcan), on the final plan of subdivision. 5. Provision of a temporary access (turnaround) easement at the termination of the road. 6. That any additional easement(s) as required by utility companies or the municipality shall be established, prior to finalization of the subdivision. 7. That a stormwater management plan be prepared/submitted that is acceptable to Vulcan County and in accordance with Alberta ESRD requirements. DEFEATED MPC MOVED BY MEMBER ANNABLE that the Commission refuse subdivision Application for the following reasons: 1. In the absence of an Area Structure Plan the proposed subdivision is pre-mature. Given that the land use district accommodates further subdivision of the parent parcel and proximity of the lands to the Town of Vulcan (for which an 3 a) - 20 May 2015 Page 8 of 71

9 Municipal Planning Commission - 06 May 2015 Minutes May 06, 2015, Intermunicipal Development Plan is not in place) an approval of the application precludes the opportunity to comprehensively envision the subdivision and development of the parcel at the level that is owed pursuant to (most notably) Policies 5.1, 5.6, 6.1, 6.4 & 8.2 of the Municipal Development Plan. 2. The provision of water and sewer services has not been confirmed and accordingly the land is not suitable for the purpose for which the subdivision is intended. FOR Vice Chair Lucas Member Annable Member McLean AGAINST Member Gateman Member Schneider CARRIED Subdivision Application NE1/ W4M MPC MOVED BY MEMBER McLEAN that the Municipal Planning Commission consider approval of subdivision application with the following conditions: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the Vulcan County. 2. That the applicant or owner shall enter into a road approach agreement with Vulcan County. 3. That the parcel size be reduced so as to eliminate the southwesterly area (occupying approximately 0.27 acres) so as not to exceed ±6.22 acres to the satisfaction of the Subdivision Authority, on the final plan of subdivision. CARRIED UNANIMOUSLY. Subdivision Application SE1/ W4M MPC MOVED BY MEMBER SCHNEIDER that the Municipal Planning Commission consider approval of subdivision application with the following conditions: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the Vulcan County. 2. That the applicant or owner shall enter into a road approach agreement with Vulcan County. 3. That the 'garbage pile" be filled-in/decommissioned, or developed so as to comply with safe burn practices, to the satisfaction of the Director of Protective Services, prior to finalization. 3 a) - 20 May 2015 Page 9 of 71

10 Municipal Planning Commission - 06 May 2015 Minutes May 06, 2015, 4. That the parcel size be reduced so as to eliminate the northerly area (occupying approximately 1.11 acres; north of northerly row of bins) so as not to exceed ±6.5 acres to the satisfaction of the Subdivision Authority, on the final plan of subdivision. CARRIED UNANIMOUSLY. Adjournment Vice Chair Lucas adjourned the meeting at 12:23pm Roy Lucas, Vice Chair Jeff Gibeau, Development Officer 3 a) - 20 May 2015 Page 10 of 71

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69 P.O. BOX 180 VULCAN, ALBERTA T0L 2B0 April 14, 2015 TELEPHONE: TOLL FREE: FAX: The Hutterian Brethren of Summerland c/o: David J. Waldner Delivered Via to: Dear Sir, RE: Incomplete Development Permit Application; East ½ of W4M & West ½ of W4M We are in receipt of an application for subdivision on the above noted lands. Unfortunately, the application cannot be processed at this time because it is deemed incomplete for the following reasons: 1. Neither the Development Permit Application, nor the supporting document includes a mailing address, or any comprehensive form of contact information. As a result, legislative circulation requirements cannot be able adhered too. o Vulcan County requires comprehensive contact information that includes a mailing address, phone, fax and addresses. Including the primary contact person that is designated to handle communications with the County. 2. Neither the Development Permit Application, nor the supporting document includes parcel sizes. o Vulcan County requires the identification of parcel sizes in acres and hectares and requires that the respective titles for all lands that are the subject of the development application be provided pursuant to Section 39 of the Land Use Bylaw. 3. The site plan submitted electronically cannot be printed out to scale by the County Staff and has several missing setback dimensions. The inability to print to scale results in Staff not being able to ascertain required information. o As a result, Vulcan County requires 4 copies of the site plans to be provided to the County Office. o In addition, Vulcan County suggests that a detailed review of the site plan is undertaken to ensure that all dimensions are provided (ie: Dimensions between property lines and the closest proposed buildings, CC: Wilson Law Office; Attn: Keith Wilson - kwilson@wilsonlawoffices.ca 4 b) - 20 May 2015 Page 69 of 71

70 reservoirs and catchment areas. Dimensions between proposed building and existing buildings. Dimensions between the centre line of a public road and buildings, reservoirs and catchment areas) 4. Multiple Parcels: It is unconventional for a single Development Permit Application to span multiple parcels of land and include such a large number of buildings. Typically, developments that span multiple parcels of land and/or contain a large number of buildings require some type of concept plan, outline plan or area structure plan before development approvals are obtained. However, in this case the County desires the most complete information available to make a decision and as such, this format will be acceptable. 5. Classification of Use: Neither the Development Permit Application, nor the supporting document provides a proposed use that both encapsulates the development proposal and is included in the Land Use Bylaw No The term used in the supporting documentation of new Hutterite colony is not included in the land use bylaw. Further, the supporting documentation references this undertaking as the Summerland Colony Farmstead, however this term is not consistent with the farmstead definition laid out in the Land Use Bylaw No It is suggested that the Colony could consider applying for separate development permits for any buildings (not including any buildings under the purview of the NRCB approval process) that are not to be developed at this time. The supporting documentation indicates that the proposed development will be classified as Multi-unit Dwellings and Extensive Agriculture. o Residential Multi-unit Dwellings: The development proposal consists of 4 Multi-unit Dwellings that contain 8 units each; totalling 32 dwelling units. o Non-Residential Extensive Agriculture (not agricultural related buildings): In reference to the extensive agriculture use, there are a number of nonresidential buildings that are unrelated to a typical agricultural livelihood. There are 8 non-residential buildings that total 62,864 ft 2 that fall into this category and require the benefit of a development permit. Possibly the reservoir and lagoon could also fall into this classification as well. Please provide a statement respecting the scope of the non-agricultural buildings/uses and whether there is an intention to produce commodities or services for off-colony use or sale. o Non-Residential Extensive Agriculture (agricultural related buildings): Again, in reference to the extensive agriculture use, there are a number of nonresidential buildings that are related to a typical agricultural livelihood. There are existing structures on the bin pad and approximately 10 future structures, and at least 3 reservoirs, lagoons and & catchment areas that fall into this category. Page 2 of 3 4 b) - 20 May 2015 Page 70 of 71

71 6. Servicing: Vulcan County requires more information with respect to water supply including but not limited to any assurances that have been obtained which indicate that a water license will be granted and the legal and physical means of conveying the water over non-owned property and road allowances. Note that an approval is contingent upon the provision of a safe and adequate water supply pursuant to Section 34(j) of the Land Use Bylaw, therefore the Development Authority will require adequate information in order to give consideration to the application. Situating the residential lagoon in the SW¼ requires the pipe network to cross the road allowance. The development of the portion of Range Road #241 abutting the development, to County standard, is expected to be required. The above items would normally be dealt with in a development agreement pursuant to Section 36 of the Land Use Bylaw and Section 650 of the Municipal Government Act. 7. Compatibility With Adjacent Land Use: Please consider providing information respecting adjacent land use within no less than 2.0 miles of the development (ie. number of and distance to existing developments) and the compatibly of the proposed development with the same including any mitigating measures that will be employed. Note that an approval must consider the maintenance of a compatible land use environment pursuant to Section 34(k) of the Land Use Bylaw. 8. Development Permit Fees: As per the Vulcan County Fees Bylaw , the application will contain 4 Multi-unit Dwellings and 8 non-residential buildings (with a total area of 62,864 ft 2 ). As a result, the application fee will be $3, ($300 per discretionary use residential building and $2,000 for discretionary use non-residential use over 50,000 ft 2 ). I trust that you will find this information beneficial in submitting the necessary information we require in order for this development application to be deemed complete. I look forward to hearing from you. Regards, Jeff Gibeau Development Officer Page 3 of 3 4 b) - 20 May 2015 Page 71 of 71