COUNTY COUNCIL MEETING AGENDA APRIL 6, 2010 (to follow MPC Meeting)

Transcription

1 COUNTY COUNCIL MEETING AGENDA APRIL 6, 2010 (to follow MPC Meeting) Page 1.0 CALL TO ORDER 2.0 APPROVAL OF AGENDA 2.1 Additional Agenda Items 3.0 MINUTES Minutes of the regular meeting of County Council held Tuesday, March 23, Questions/matters arising from the minutes. 4.0 ADMINISTRATOR S/DIRECTORS REPORTS 4.1 Administrative Items 5.0 DELEGATIONS / PRESENTATIONS 6.0 REPORTS Bylaw No. 2010/8 - a bylaw to amend the Land Use Bylaw No. 2006/6 as follows: (1) Aggregate Removal to be a Discretionary Use in the Agricultural and Heavy Industrial Districts; (2) Development Permits for sand and gravel extraction to be subject to a 5 year review; and (3) revise the definitions for Aggregate Processing and Aggregate Removal. 7.0 PUBLIC HEARINGS 8.0 SUBDIVISION APPLICATIONS W ½ SE (Division 6) application for a one-year time extension for a conditionally approved subdivision of hectares (47.73 acres) to create 54 new residential lots previously approved on April 14, NE (Division 5) application to subdivide 3.17 hectares (7.84 acres) containing an existing farmstead. 8.3 SW (Division 6) application to subdivide hectares (32.10 acres) containing an existing farmstead. 8.4 Lot 30, Block 4, Plan , SE (Division 3) application to create a bareland condominium plan for residential use on this multi-family site located Page 1 of 38

2 County Council Meeting Agenda, April 6, 2010 Page 8.0 SUBDIVISION APPLICATIONS within Springbrook. 9.0 BYLAW / DEVELOPMENT APPLICATIONS & REPORTS 10.0 IN-CAMERA SESSIONS 11.0 COMMITTEE REPORTS 11.1 Reports from individual Councillors for meetings attended since March 24, NOTICES OF MOTION / COUNCILLORS CONCERNS 13.0 ADJOURNMENT Page 2 of 38

3 Minutes of a Regular Meeting of County Council RED DEER COUNTY Tuesday, March 23, CALL TO ORDER The regular meeting of Red Deer County Council was held in the Council Chambers of the Red Deer County Centre located at Rge Rd 275, Red Deer County, Alberta, and was called to order by Mayor E.R. Kinsella at 10:48 a.m. PRESENT: ABSENT: Mayor E.R. Kinsella, Deputy Mayor T.J. Lougheed, Councillors P.T. Archibald, G.W. Gehrke, R. Poth and J.J. Wood. Councillor D.G. Hoar. STAFF PRESENT: County Manager C. Herzberg, Assistant County Manager R. Henderson, Planning and Development Services Director C. Cvik, Corporate Communications Coordinator T. Harke and Legislative Services Manager N. Lougheed. Planning/Development administration in attendance for development applications: D. Bedford, F. Joynt, T. March, P. Matthews, T. Miller and C. Symington. 2.0 APPROVAL OF AGENDA CC Moved by Councillor T.J. Lougheed to approve the agenda as submitted. CARRIED UNANIMOUSLY 3.0 APPROVAL OF MINUTES CC Moved by Councillor G.W. Gehrke to approve the minutes of the March 2, 2010, regular meeting of County Council as submitted. CARRIED UNANIMOUSLY 4.0 ADMINISTRATOR S/DIRECTORS REPORTS (1) Red Deer County Open Space Master Plan This plan is the recipient of a Recreation Industry Award of Excellence for Parks and Open Space Design from the Recreation for Life Foundation. An award ceremony is being held on April 15 at the Citadel Theater in Edmonton. 6.0 REPORTS Municipal Election consideration of some preliminary matters in relation to the October 18, 2010, Municipal Election. CC Moved by Councillor P.T. Archibald (1) that Nancy Lougheed be appointed as Red Deer County s Returning Officer for the 2010 Municipal Election pursuant to Section 13(1) of the Local Authorities Election Act; Minutes of the regular meeting of County Council held Tuesday, March 23, Page 3 of 38

4 County Council Minutes of March 23, (2) that Red Deer County, pursuant to Section 73 of the Local Authorities Election Act, hold an advance vote for the 2010 Municipal Election; and (3) that Red Deer County, pursuant to Sections 77.1 and 77.2 of the Local Authorities Election Act, provide electors with the opportunity to vote by Special Ballot during the 2010 Municipal Election provided said electors meet the eligibility requirements, with application for Special Ballot to be accepted by any of the following means: in writing, by telephone, by fax, in person or by , with application(s) to be received starting September 1, 2010, and the closing of voting by Special Ballot (final receipt of special ballots) to be set at 5 p.m. on Monday, October 18, CARRIED UNANIMOUSLY 6.2 Spruce View School Funding Request Community Services Manager J. Symington reported on the request to contribute to the costs of redeveloping the playing field and playing structures at Spruce View School. CC Moved by Councillor R. Poth to approve financial support in the amount of $20,000 to the Spruce View School to be put toward the costs of redeveloping the playing field and playing structures, with the funds to come from Municipal Reserve. CARRIED UNANIMOUSLY 6.3 Bylaw No. 2010/5 consideration of proposed amendments to the bylaw to amend the Land Use Bylaw in relation to Condominium Resort Residential District R-7 and proposing second and third reading to the amending bylaw. As Mayor Kinsella was absent from the public hearing for this bylaw, he did not vote on the motions presented. CC CC Moved by Councillor J.J. Wood to amend the definition for Grade, Building or Structure (in determining height) in Bylaw No. 2010/5 by having the definition remain as currently worded in Land Use Bylaw No. 2006/6, which reads as follows: Grade means the highest level of finished ground elevation adjoining a building at any exterior wall, and to amend the definition for Height by having the definition remain as currently worded in the Land Use Bylaw No. 2006/6, which reads as follows: Height of a building or other structure means the maximum vertical distance measured from the top of grade to the highest point of the building or structure that is not a roof or part of a roof, a roof stairway entrance, an elevator housing, a ventilating fan, skylight, steeple, chimney, smoke stack, firewall, parapet wall, flag pole, roof sign, or similar feature or device not structurally essential to the building. MOTION DEFEATED Councillors Lougheed and Wood in favor Councillors Archibald, Gehrke and Poth opposed Mayor Kinsella did not vote Moved by Councillor G.W. Gehrke to amend Schedule A of Bylaw No. 2010/5 as follows: (1) Section 108.4(d) to read Rear Yard, 1.5 m (5 ft), (2) Section 108.4(e) to read Side Yard, A Side Yard of 0.61 metres (2.0 feet) or 1.5 metres (5 feet) see Additional Regulations Section 108.5, (3) Section 108.4(f) to read Building Height (maximum), All condominium resorts: maximum building height of 7.92 metres (26 feet) measured from the average grade to the highest point of the building, (4) Section 108.5(b) to read The maximum main floor area for Minutes of the regular meeting of County Council held Tuesday, March 23, Page 4 of 38

5 County Council Minutes of March 23, any cottage, recreation vehicle or recreation vehicle - park model, including all tip outs, push outs, pull outs, structurally attached additions, enclosed decks, enclosed porches, and/or enclosed verandahs is 92 square metres (990 square feet), basements and lofts are not included in the calculation of the main floor area, and (5) to delete Section (e) that reads An accessory building shall not be developed or approved on a lot prior to the issuance of a development permit for the principal building or use on the lot, and that Bylaw No. 2010/5, as amended, be given second reading. CARRIED Councillors Archibald, Gehrke, Lougheed and Poth in favor Councillor Wood opposed Mayor Kinsella did not vote CC Moved by Councillor R. Poth that Bylaw No. 2010/5, as amended, be given third and final reading. CARRIED Councillors Archibald, Gehrke, Lougheed and Poth in favor Councillor Wood opposed Mayor Kinsella did not vote 8.0 SUBDIVISION APPLICATIONS 8.1 SE (Division 2) application to subdivide a hectare (65.46-acre) parcel containing an existing farmstead that is fragmented from the remainder of the quarter section. CC Moved by Councillor R. Poth that, in considering this application, it is deemed that the subdivision as proposed complies with the Municipal Government Act, the Municipal Development Plan and the Land Use Bylaw; that it is suitable for the intended purposes; and that it will not negatively impact adjacent land uses. Consideration has been given to topography, soil characteristics, access, the use of adjacent lands, and the availability and adequacy of water supply, sewage disposal, solid waste disposal and storm water management. Therefore, the application to subdivide hectares (65.46 acres) from SE is approved, subject to the following conditions: 1. Subdivision to be effected by Plan of Survey or Descriptive Plan; 2. Submission of a plan by an Alberta Certified Surveyor confirming the location of the buildings and water well relative to the new property lines; 3. Payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; 4. The Applicant is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements; 5. The Applicant shall ensure there is adequate physical access to the new parcel and to the balance of lands; 6. Confirmation shall be provided by a licensed Safety Codes Officer that the existing septic system conforms to the Plumbing & Drainage Regulation, which includes that it is fully contained within the newly created property lines; and 7. The dedication by way of an agreement registered as a caveat on the land title indicating a 5.2-metre widening along the south boundary of the quarter section for possible future road widening purposes in favour of Red Deer County (fees required). CARRIED UNANIMOUSLY Minutes of the regular meeting of County Council held Tuesday, March 23, Page 5 of 38

6 County Council Minutes of March 23, SW (Division 2) application to subdivide 3.43 hectares (8.48 acres) containing an existing dwelling and outbuildings. Persons present who spoke to this application: Bob Smitten, on behalf of the applicant. CC Moved by Councillor R. Poth that the application to subdivide 3.43 hectares (8.48 acres) of bare agricultural land from the 50.9-hectare ( acre) parcel located on SW be denied as the quarter section is not physically fragmented; consequently, the application is not considered a first parcel out of an un-subdivided quarter section, and further subdivision will require an area structure plan for the quarter section to be adopted. CARRIED Mayor Kinsella, Councillors Gehrke, Lougheed and Poth in favor Councillors Archibald and Wood opposed 8.3 SW (Division 4) application to subdivide 2.9 hectares (7.17 acres) to create a bare agricultural parcel. Persons present who spoke to this application: Jim Smith, applicant. CC Moved by Councillor J.J. Wood that the application to subdivide 2.9 hectares (7.17 acres) of bare agricultural land from the 63.1-hectare (156-acre) parcel located on SW be approved subject to conditions. MOTION DEFEATED Councillors Archibald and Wood in favor Mayor Kinsella, Councillors Gehrke, Lougheed and Poth opposed Due to the defeated motion, this application is deemed refused. 8.4 SW (Division 5) application to subdivide hectares (28.19 acres) containing an existing farmstead. CC Moved by Councillor T.J. Lougheed that, in considering this application, it is deemed that the subdivision as proposed complies with the Municipal Government Act, the Municipal Development Plan and the Land Use Bylaw; that it is suitable for the intended purposes; and that it will not negatively impact adjacent land uses. Consideration has been given to topography, soil characteristics, access, the use of adjacent lands, and the availability and adequacy of water supply, sewage disposal, solid waste disposal and storm water management. Therefore, the application to subdivide hectares (28.19 acres) from the existing hectare (83.65-acre) parcel located on SW is approved, subject to the following conditions: 1. Subdivision to be effected by Plan of Survey or Descriptive Plan; 2. Submission of a plan by an Alberta Certified Surveyor confirming the location of the buildings and water well relative to the new property lines; 3. Payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; 4. The Applicant is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements; 5. The Applicant shall ensure there is adequate physical access to the new parcel and to the balance of lands; Minutes of the regular meeting of County Council held Tuesday, March 23, Page 6 of 38

7 County Council Minutes of March 23, The applicant shall enter into an agreement with Red Deer County for the construction of the road; and 7. Confirmation shall be provided by a licensed Safety Codes Officer that the existing septic system conforms to the Plumbing & Drainage Regulation, which includes that it is fully contained within the newly created property lines. CARRIED UNANIMOUSLY 8.5 SE (Division 5) application to subdivide 2.02 hectares (5 acres) to create a bare agricultural parcel. CC Moved by Councillor T.J. Lougheed that, in considering this application, it is deemed that the subdivision as proposed complies with the Municipal Government Act, the Municipal Development Plan and the Land Use Bylaw; that it is suitable for the intended purposes; and that it will not negatively impact adjacent land uses. Consideration has been given to topography, soil characteristics, access, the use of adjacent lands, and the availability and adequacy of water supply, sewage disposal, solid waste disposal and storm water management. Therefore, the application to subdivide 2.02 hectares (5 acres) from SE is approved, subject to the following conditions: 1. Subdivision to be effected by Plan of Survey or Descriptive Plan; 2. Payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; 3. The Applicant is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements; 4. The Applicant shall ensure there is adequate physical access to the new parcel and to the balance of lands; 5. Confirmation of availability and adequacy of a suitable water supply and private sewage disposal system that complies with applicable standards and regulations. Alternatively, the appellants shall enter into a restrictive covenant with Red Deer County that precludes the issuance of a development permit and/or occupancy permit and/or the use of well water and septic system on the subject property until the availability and adequacy of a suitable ground water supply and private sewage disposal system that complies with applicable standards and regulations have been proven to the satisfaction of Red Deer County; and that the said restrictive covenant shall be registered as a caveat on the titles of each parcel to be subdivided (fees required); and 6. The dedication by way of an agreement registered as a caveat on the land title indicating a 5.2-metre widening along the south boundary of the quarter section including the proposed subdivided parcel for possible future road widening purposes in favour of Red Deer County (fees required). CARRIED Mayor Kinsella, Councillors Archibald, Lougheed and Wood in favor Councillors Gehrke and Poth opposed 9.0 BYLAW / DEVELOPMENT APPLICATIONS & REPORTS 9.1 Lots 1 to 6, Block 4, Plan , SW (Division 2) application (1) to amend the Piper Creek Business Park Outline Plan to identify all development within the Plan area as Business Service Industrial and (2) to redesignate these lands from General Commercial District GC to Business Service Industrial District BSI. Minutes of the regular meeting of County Council held Tuesday, March 23, Page 7 of 38

8 County Council Minutes of March 23, CC Moved by Councillor R. Poth to amend Figure 3.0 Development Concept in the Piper Creek Business Park Outline Plan (Pt SW ) to identify all development within the plan area as Business Service Industrial District BSI. CARRIED UNANIMOUSLY Bylaw No. 2010/2.02 a bylaw to redesignate Lots 1 to 6, Block 4, Plan , SW from General Commercial District C-2 to Business Service Industrial District BSI. CC Moved by Councillor G.W. Gehrke that Bylaw No. 2010/2.02 be given first reading. CARRIED UNANIMOUSLY 9.2 Pt Lot 1, Block 1, Plan , SW , NE and Pt NW , (Division 4) application to adopt a proposed Area Structure Plan to facilitate the redesignation of Pt Lot 1, Block 1, Plan , SW to Heavy Industrial District HI with the intent to consolidate this property with the adjacent NE Bylaw No. 2010/10 a bylaw to adopt the Parkland Refining Area Structure Plan for Pt Lot 1, Block 1, Plan , SW , NE and Pt NW , west of the highway. CC Moved by Councillor J.J. Wood that Bylaw No. 2010/10 be given first reading. CARRIED UNANIMOUSLY Bylaw No. 2010/2.03 a bylaw to redesignate Pt Lot 1, Block 1, Plan , SW (5.63 hectares / acres) from Agricultural District Ag to Heavy Industrial District HI. CC Moved by Councillor G.W. Gehrke that Bylaw No. 2010/2.03 be given first reading. CARRIED UNANIMOUSLY Recess: 12:00 p.m. Reconvene: County Council meeting called back to order at 1:30 p.m. 7.0 PUBLIC HEARINGS A summary of the comments received by the persons in attendance at the public hearing is attached and is considered to be part of these minutes. The public hearing closed at 2:04 p.m. 7.1 Bylaw No. 2010/8 - a bylaw to amend the Land Use Bylaw No. 2006/6 as follows: (1) Aggregate Removal to be a Discretionary Use in the Agricultural and Heavy Industrial Districts; (2) Development Permits for sand and gravel extraction to be subject to a 5-year review; and (3) revise the definitions for Aggregate Processing and Aggregate Removal. CC Moved by Councillor R. Poth to refer decision on Bylaw No. 2010/8 pending receipt of legal advice regarding a review versus a renew process for development applications. CARRIED UNANIMOUSLY 7.2 Bylaw No. 2010/9 a bylaw to impose an offsite levy in respect of land located east of Hwy 2, South of Hwy 54, west of Rge Rd 284 and north of Twp Rd 350 (Directly east of the Town of Innisfail) in Red Deer County for payment of an offsite levy in connection with the 2009 road construction improvement to Twp Rd 352, Rge Rd 285 and Galloway Road. Minutes of the regular meeting of County Council held Tuesday, March 23, Page 8 of 38

9 County Council Minutes of March 23, CC CC Moved by Councillor G.W. Gehrke that Bylaw No. 2010/9 be amended by adding the following clause: Development shall not include any use, building, structure or operation that is essential to the primary agricultural use of a parcel of land that is assessed for municipal taxation purposes as farm land, with the exception that if the proposed development is for an intensive agricultural use, it will be considered development under the terms of this bylaw. In the event of a dispute as to whether a proposed development is for an intensive agricultural use, the issue shall be determined by Council, and that Bylaw No. 2010/9, as amended, be given second reading. CARRIED UNANIMOUSLY Moved by Councillor R. Poth that Bylaw No. 2010/9 be given third and final reading. CARRIED UNANIMOUSLY 11.0 COMMITTEE REPORTS Councillors reported on meetings they have attended on behalf of Red Deer County since March 3, ADJOURNMENT CC Moved by Councillor T.J. Lougheed that the County Council meeting adjourn. TIME: 2:48 p.m. CARRIED UNANIMOUSLY MAYOR COUNTY MANAGER Minutes of the regular meeting of County Council held Tuesday, March 23, Page 9 of 38

10 County Council Minutes of March 23, PUBLIC HEARING COMMENTS Bylaw No. 2010/8 - a bylaw to amend the Land Use Bylaw No. 2006/6 as follows: (1) Aggregate Removal to be a Discretionary Use in the Agricultural and Heavy Industrial Districts; (2) Development Permits for sand and gravel extraction to be subject to a 5-year review; and (3) revise the definitions for Aggregate Processing and Aggregate Removal. Adele and John McKechnie read a written submission that was submitted following the presentation. Beverly Anderson, Executive Director, RDRWA advised that a letter was being forwarded to Red Deer County with regard to alluvial aquifers in the watershed. RDRWA is recommending that Red Deer County consider the requirement of rigorous environmental assessments being completed for applications for development that will be located in alluvial aquifers. Pat Higgins, Friends of the Red Deer River advised of concerns if a flood occurs and the pollutants that may be spread to the river and questioned what plan is in place in the event of a flood. Dale Christian read a written submission that was distributed to members of Council. Gary Westman noted an agreement with the proposal to change this type of a development to a discretionary use. Trevor Christian stated that he agrees with the change to a discretionary use. He stated that he disagrees with the proposed amendment to Section as he believes this will take away the discretionary powers of Council. With a renewal process, new bylaws and rules may be in effect and they could be applied to the renewal application. Bylaw No. 2010/9 a bylaw to impose an offsite levy in respect of land located east of Hwy 2, South of Hwy 54, west of Rge Rd 284 and north of Twp Rd 350 (Directly east of the Town of Innisfail) in Red Deer County for payment of an offsite levy in connection with the 2009 road construction improvement to Twp Rd 352, Rge Rd 285 and Galloway Road. Alex Gray stated that he was not in agreement with having to pay for the road upgrades as the increase in traffic is due to the access to the RCMP Dog Training facility from Hwy 2 being cut off. Minutes of the regular meeting of County Council held Tuesday, March 23, Page 10 of 38

11 Administrative Items Page 11 of 38

12 Bylaw No. 2010/8 - a bylaw to amend the Land Use Bylaw No. 2006/6 as follows: (1) Aggregate Removal to be a Page 12 of 38

13 Bylaw No. 2010/8 - a bylaw to amend the Land Use Bylaw No. 2006/6 as follows: (1) Aggregate Removal to be a Page 13 of 38

14 Bylaw No. 2010/8 - a bylaw to amend the Land Use Bylaw No. 2006/6 as follows: (1) Aggregate Removal to be a Page 14 of 38

15 Bylaw No. 2010/8 - a bylaw to amend the Land Use Bylaw No. 2006/6 as follows: (1) Aggregate Removal to be a Page 15 of 38

16 W ½ SE (Division 6) application for a oneyear time extension for a conditionally approved Page 16 of 38

17 W ½ SE (Division 6) application for a oneyear time extension for a conditionally approved Page 17 of 38

18 W ½ SE (Division 6) application for a oneyear time extension for a conditionally approved Page 18 of 38

19 NE (Division 5) application to subdivide 3.17 hectares (7.84 acres) containing an existing farmstead. Page 19 of 38

20 NE (Division 5) application to subdivide 3.17 hectares (7.84 acres) containing an existing farmstead. Page 20 of 38

21 NE (Division 5) application to subdivide 3.17 hectares (7.84 acres) containing an existing farmstead. Page 21 of 38

22 NE (Division 5) application to subdivide 3.17 hectares (7.84 acres) containing an existing farmstead. Page 22 of 38

23 NE (Division 5) application to subdivide 3.17 hectares (7.84 acres) containing an existing farmstead. Page 23 of 38

24 NE (Division 5) application to subdivide 3.17 hectares (7.84 acres) containing an existing farmstead. Page 24 of 38

25 SW (Division 6) application to subdivide hectares (32.10 acres) containing an existing Page 25 of 38

26 SW (Division 6) application to subdivide hectares (32.10 acres) containing an existing Page 26 of 38

27 SW (Division 6) application to subdivide hectares (32.10 acres) containing an existing Page 27 of 38

28 SW (Division 6) application to subdivide hectares (32.10 acres) containing an existing Page 28 of 38

29 SW (Division 6) application to subdivide hectares (32.10 acres) containing an existing Page 29 of 38

30 SW (Division 6) application to subdivide hectares (32.10 acres) containing an existing Page 30 of 38

31 Lot 30, Block 4, Plan , SE (Division 3) application to create a bareland condominium plan Page 31 of 38

32 Lot 30, Block 4, Plan , SE (Division 3) application to create a bareland condominium plan Page 32 of 38

33 Lot 30, Block 4, Plan , SE (Division 3) application to create a bareland condominium plan Page 33 of 38

34 Lot 30, Block 4, Plan , SE (Division 3) application to create a bareland condominium plan Page 34 of 38

35 Lot 30, Block 4, Plan , SE (Division 3) application to create a bareland condominium plan Page 35 of 38

36 Lot 30, Block 4, Plan , SE (Division 3) application to create a bareland condominium plan Page 36 of 38

37 Lot 30, Block 4, Plan , SE (Division 3) application to create a bareland condominium plan Page 37 of 38

38 Lot 30, Block 4, Plan , SE (Division 3) application to create a bareland condominium plan Page 38 of 38