MUNICIPAL PLANNING COMMISSION AGENDA July 19, :30 AM

Transcription

1 Page MUNICIPAL PLANNING COMMISSION AGENDA July 19, :30 AM 1.0 CALL TO ORDER 2.0 APPROVAL OF AGENDA 2.1 Additional Agenda Items 3.0 CONFIRMATION OF THE MINUTES Minutes of the Municipal Planning Commission meeting of July 5, BUSINESS FROM THE MINUTES 5.0 DEVELOPMENT APPLICATIONS Pt SW (Division 1) application for a Home Business Major (automotive diagnostic and repair business) SE (Division 4) application to locate a clustered farm dwelling (manufactured home) Units 8&9, Condominium Plan , NW (Division 2) application to operate a manufacturing and assembly facility (Energy Business Park I) Lot 1, Block 1, Plan , SW (Division 4) application to locate a second dwelling (mobile home). 6.0 SUBDIVISION APPLICATIONS Lot 7, Block 7, Plan 4062RS, NW (Division 2) application to subdivide a hectare (1.03-acre) bare parcel (Hawk Hills subdivision). 7.0 ADJOURNMENT Page 1 of 51

2 MINUTES OF THE MUNICIPAL PLANNING COMMISSION Tuesday, July 5, 2016 Red Deer County Council Chambers, Red Deer County Centre Present: Chairman Councillor P.J.R. Massier, Mayor J.J. Wood, Councillors J.M. Bota, D.B. Church, C.R. Huelsman, R.R. Lorenz and C. Moore. Staff Present: County Manager C. Herzberg, Assistant County Manager R. Henderson, Planning and Development Services Director D. Dittrick, Corporate Services Director H. Gray-Surkan, Operations Services Director M. Campbell, Planning and Development Services Administration T. Miller, T. March and C. Sloan and Legislative Services Administration N. Lougheed and L. Thompson. 1.0 CALL TO ORDER Chairman Councillor P.J.R. Massier called the meeting to order at 9:30 a.m. 2.0 AGENDA MPC Moved by Councillor C. Moore to approve the agenda as submitted. CARRIED UNANIMOUSLY 3.0 APPROVAL OF THE MINUTES MPC Moved by Councillor C.R. Huelsman to approve the minutes of the June 21, 2016, meeting as submitted. CARRIED UNANIMOUSLY 5.0 DEVELOPMENT APPLICATIONS 5.1 Kevin Radcliffe Pt NE (Division 1) 2 Acres Agricultural District Ag Requesting approval for a front yard setback relaxation for the location of a mobile home. The property is located approximately 3.5 miles northeast of Pine Lake south of Twp Rd 370 on Rge Rd Rd 244. MPC Moved by Mayor J.J. Wood to approve the application for a 26-metre (85 ) front yard setback relaxation for the location of a mobile home on Pt NE , subject to the following conditions being met to the satisfaction of the Development Officer: 1. A development permit shall not be issued and construction of the development shall not proceed until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. Once the permit is issued, the Applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 3. The Applicant is responsible for obtaining a civic address from Red Deer County and rural (blue) sign for the dwelling. 4. The subject property shall not alter existing drainage where water drains onto neighboring properties. It will be the developer s responsibility to provide Minutes of the Municipal Planning Commission meeting of July... Page 2 of 51

3 Minutes of the Municipal Planning Commission, July 5, 2016 Page 2 corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 5. The Applicant is responsible for obtaining Building, Gas, Plumbing and Electrical permits from Red Deer County or an accredited agency. 6. A copy of the final occupancy inspection report is required from a licensed Safety Codes Officer no later than one year after issuance of this Development Permit, confirming the building meets Alberta Building Code. 7. The decision being advertised in a local paper and no appeal against said decision being successful. CARRIED UNANIMOUSLY 5.2 Daniel Brassard Pt NE (Division 1) 5 Acres Agricultural District Ag Requesting approval for the location of a second dwelling (manufactured home). The property is located approximately 2 miles northwest of the Village of Delburne south of Hwy 595 on Rge Rd 235. MPC Moved by Mayor J.J. Wood to approve the application to locate a second dwelling (manufactured home) on Pt NE , subject to the following conditions being met to the satisfaction of the Development Officer: 1. A development permit shall not be issued and construction of the development shall not proceed until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. Once the permit is issued, the Applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 3. The Applicant is responsible for obtaining a civic address from Red Deer County and rural (blue) sign for the second dwelling. 4. The development shall be attractive in appearance and shall complement existing buildings on the property. 5. The subject property shall not alter existing drainage where water drains onto neighboring properties. It will be the developer s responsibility to provide corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 6. A development permit application shall be applied for separately for any potential business operations. 7. The Applicant is responsible for obtaining Building, Gas, Plumbing and Electrical permits from Red Deer County or an accredited agency. 8. A copy of the final occupancy inspection report is required from a licensed Safety Codes Officer no later than one year after issuance of this Development Permit, confirming the building meets Alberta Building Code. 9. The decision being advertised in a local paper and no appeal against said decision being successful. CARRIED UNANIMOUSLY 5.3 Thomas and Angela Smith Pt NW (Division 4) 5.74 Acres Agricultural District Ag Requesting approval for the location of a second dwelling (manufactured home). The property is located approximately 4.5 miles west of the Town of Bowden south of Hwy 587 on Rge Rd 20. Minutes of the Municipal Planning Commission meeting of July... Page 3 of 51

4 Minutes of the Municipal Planning Commission, July 5, 2016 Page 3 MPC Moved by Councillor C.R. Huelsman to approve the application to locate a second dwelling (manufactured home) on Pt NW , subject to the following conditions being met to the satisfaction of the Development Officer: 1. A development permit shall not be issued and construction of the development shall not proceed until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. Once the permit is issued, the Applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 3. The Applicant is responsible for obtaining a civic address from Red Deer County and rural (blue) sign for the second dwelling. 4. The development shall be attractive in appearance and shall complement existing buildings on the property. 5. The subject property shall not alter existing drainage where water drains onto neighboring properties. It will be the developer s responsibility to provide corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 6. A development permit application shall be applied for separately for any potential business operations. 7. The Applicant is responsible for obtaining Building, Gas, Plumbing and Electrical permits from Red Deer County or an accredited agency. 8. A copy of the final occupancy inspection report is required from a licensed Safety Codes Officer no later than one year after issuance of this Development Permit, confirming the building meets Alberta Building Code. 9. The decision being advertised in a local paper and no appeal against said decision being successful. CARRIED UNANIMOUSLY 5.4 Lane Stangness Lot 1, Block 1, Plan , SE (Division 4) 4.02 Acres Agricultural District Ag Requesting approval to locate a second dwelling (manufactured home). The property is located approximately 1.5 miles south of the Town of Innisfail on Twp Rd 350A directly west of Rge Rd 285. MPC Moved by Councillor C.R. Huelsman to approve the application to locate a second dwelling (manufactured home) on Lot 1, Block 1, Plan , SE , subject to the following conditions being met to the satisfaction of the Development Officer: 1. A development permit shall not be issued and construction of the development shall not proceed beyond grade level until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. Once the permit is issued, the Applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 3. The Applicant is responsible for obtaining a civic address from Red Deer County and rural (blue) sign for the second dwelling. 4. The development shall be attractive in appearance and shall complement existing buildings on the property. 5. The subject development shall not alter the existing drainage where water drains onto neighbouring properties. It will be the developer s responsibility to provide corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 6. A development permit application shall be applied for separately for any potential business operations. Minutes of the Municipal Planning Commission meeting of July... Page 4 of 51

5 Minutes of the Municipal Planning Commission, July 5, 2016 Page 4 7. The Applicant is responsible for obtaining Building, Gas, Plumbing and Electrical permits from Red Deer County or an accredited agency. 8. A copy of the final occupancy inspection report is required from a licensed Safety Codes Officer no later than one year after issuance of this Development Permit, confirming the building meets Alberta Building Code. 9. The decision being advertised in a local paper and no appeal against said decision being successful. CARRIED UNANIMOUSLY 5.5 Deanna Hall W Pt, NW (Division 3) 18 Acres Agricultural District Ag Requesting approval of a side yard setback relaxation for an existing dwelling. The property is located approximately 4.5 miles west of the City of Red Deer on the corner of Rge Rd 11 and Twp Rd 380. MPC Moved by Councillor D.B. Church to approve the application for a 4.55-metre (15.33 ) side yard setback relaxation for an existing dwelling on W Pt, NW , subject to the decision being advertised in a local paper and no appeal against said decision being successful. CARRIED UNANIMOUSLY 5.6 Gale and Don Shalenko Unit 38, Plan , NE (Division 5) 0.07 Acres Condominium Resort Residential District R-7 Requesting approval of a gross floor area relaxation and a front yard setback relaxation for the location of a cottage. The property is located on the west side of the Gleniffer Reservoir within the Gleniffer Lake Resort. MPC Moved by Councillor R.R. Lorenz to approve the application for a 2.46-metre (8.07 ) front yard setback relaxation for the location of a m² ( ft²) cottage on Unit 38, Plan , NE , subject to the following conditions being met to the satisfaction of the development officer: 1. A development permit shall not be issued and construction of the development shall not proceed until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 3. Where the development permit is issued for the construction of a building, the exterior of the building, including painting, shall be completed within one year of the date of issue. 4. Only one (1) shed with a maximum floor area of 10 m² (110 ft²) is permitted within this district and shall not be used as a garage; shall be a maximum height of 4.5 m (15 ) and shall be 0.61 m (2 ) from any boundary, and shall provide 0.5 m (1.64 ) for any utility right-of-way or easements. 5. A copy of the final occupancy inspection report is required from a licensed Safety Codes Officer no later than one year after issuance of this Development Permit, confirming the building meets Alberta Building Code. 6. The decision being advertised in a local paper and no appeal against said decision being successful. CARRIED UNANIMOUSLY Minutes of the Municipal Planning Commission meeting of July... Page 5 of 51

6 Minutes of the Municipal Planning Commission, July 5, 2016 Page Douglas and Lori Taylor Lot 1, Block 1, Plan , SW (Division 5) 1.8 Acres Agricultural District Ag Requesting approval to operate an artistic blacksmithing business as a Home Business Major. The property is located adjacent to the Hamlet of Markerville south of Twp Rd 364A on Rge Rd 20A. MPC Moved by Councillor R.R. Lorenz to approve the application for Home Business Major (artistic blacksmithing business) on Lot 1, Block 1, Plan , SW , subject to the following conditions being met to the satisfaction of the development officer: 1. The Home Business Major shall be considered temporary and will expire five (5) years from the date of the issuance of a Development Permit. 2. Nuisance: noise, vibration, smoke, dust, odours, heat, glare, electrical or radio disturbance detectable beyond the property boundary shall not be produced by the home business. At all times, the privacy and enjoyment of adjacent residences shall be preserved and the amenities of the neighborhood maintained. 3. Any interior or exterior alterations additions or renovations to accommodate a home business, or to accommodate some other residential function in the principal dwelling so that some of the existing space may be used for the home business, may be allowed as long as such alterations, additions, or renovations comply with the Land Use Bylaw, the Safety Codes Act, and any applicable bylaws of Red Deer County. 4. Except for emergency situations, all home business vehicle trips shall be restricted to: Monday to Saturday between the hours of 7:00 a.m. and 10:00 p.m., and Sundays and Statutory Holidays between the hours of 10:00 a.m. and 6:00 p.m. 5. In addition to the required number of residential parking spaces, the major home business shall provide three (3) spaces. 6. There shall be adequate on-site parking or storage space provided for all home business vehicles. 7. Except for on a permitted driveway, no parking shall be permitted in a front yard. 8. The Home Business Major shall not occupy more than 30% of the gross floor area of the principal dwelling plus the area of accessory structures. 9. The home business shall be operated by the permanent resident(s) of the principal dwelling and may not employ non-resident on-site employees. 10. The Home Business Major shall have no more than one (1) home business vehicle used in conjunction with the home business, parked and maintained on the site. 11. A Home Business Major may have one sign in conformance with the signage requirements of Section 81.1(c) of the Land Use Bylaw 2006/ Failure to comply with the aforementioned conditions will result in Development Permit revocation and the issuance of a stop order pursuant to the Municipal Government Act. 13. The decision being advertised in a local paper and no appeal against said decision being successful. CARRIED UNANIMOUSLY Minutes of the Municipal Planning Commission meeting of July... Page 6 of 51

7 Minutes of the Municipal Planning Commission, July 5, 2016 Page Wispernet Ltd. Pt SW (Division 1) 94.1 Acres Agricultural District Ag Requesting approval to locate a 36-metre (120 ) high self-supporting communication tower. The property is located on the west side of Pine Lake within the Whispering Pines Resort. MPC Moved by Mayor J.J. Wood to approve the application for a communication tower on Pt SW , subject to the following conditions being met to the satisfaction of the development officer: 1. A development permit shall not be issued and construction of the development shall not proceed until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. The proposed development shall be undertaken and completed in accordance with the attached conceptual plans, which are to be prepared pursuant to the conceptual plans and comply with the County s Design Guidelines & General Construction Specifications. 3. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 4. The subject development shall not alter the existing drainage where water drains onto neighbouring properties. It will be the developer s responsibility to provide corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 5. The approved use shall not create a nuisance nor adversely affect the amenities of the district. 6. Any contamination of the environment resulting from the Applicant s activities shall be remediated at the Applicant s cost. 7. Failure to comply with the aforementioned conditions will result in Development Permit revocation and the issuance of a stop order pursuant to the Municipal Government Act. 8. The decision being advertised in a local paper and no appeal against said decision being successful. CARRIED UNANIMOUSLY 5.9 Evolve Surface Strategies for Rogers Communications Inc. Pt SW (Division 6) Acres Agricultural District Ag Requesting approval to locate a 60-metre (197 ) high self-supporting communication tower. The property is located approximately 0.5 miles north of the City of Red Deer east of Hwy 2 on Twp Rd 392. MPC Moved by Councillor C. Moore to approve the application for a communication tower on Pt SW , subject to the following conditions being met to the satisfaction of the development officer: 1. A development permit shall not be issued and construction of the development shall not proceed until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. The proposed development shall be undertaken and completed in accordance with the attached conceptual plans, which are to be prepared pursuant to the conceptual plans and comply with the County s Design Guidelines & General Construction Specifications. Minutes of the Municipal Planning Commission meeting of July... Page 7 of 51

8 Minutes of the Municipal Planning Commission, July 5, 2016 Page 7 3. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 4. The subject development shall not alter the existing drainage where water drains onto neighbouring properties. It will be the developer s responsibility to provide corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 5. The approved use shall not create a nuisance nor adversely affect the amenities of the district. 6. The Communication Tower shall be fenced, with suitable protective anti-climb fencing, to the satisfaction of Red Deer County. 7. Any contamination of the environment resulting from the Applicant s activities shall be remediated at the Applicant s cost. 8. Failure to comply with the aforementioned conditions will result in Development Permit revocation and the issuance of a stop order pursuant to the Municipal Government Act. 9. The decision being advertised in a local paper and no appeal against said decision being successful. CARRIED UNANIMOUSLY 6.0 SUBDIVISION APPLICATIONS 6.1 Bemoco Land Surveying Ltd. for Alberta Ltd. Lot 15, Block 10, Plan , SE (Division 2) 5.86 Acres Direct Control District DCD #9 Requesting approval to subdivide a 0.65-hectare (1.61-acre) parcel for the development of an extended stay hotel. The property is located south of City of Red Deer within the Gasoline Alley West Business Park at the corner of Laura Avenue and Twp Rd 374. MPC Moved by Councillor J.M. Bota that, in considering this application, it is deemed that the subdivision as proposed complies with the Municipal Government Act, the Red Deer County and the City of Red Deer Intermunicipal Development Plan, the Municipal Development Plan, Gasoline Alley West Area Structure Plan, Gasoline Alley Urban Design 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 0.65 hectares (1.61 acres) from Lot 15, Block 10, Plan , SE is approved, subject to the following conditions: 1. Subdivision to be effected by Plan of Survey or Descriptive Plan. 2. The applicant to provide proof of a suitable building site to the satisfaction of the County. 3. Payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County. 4. The Applicant shall provide confirmation that suitable arrangements have been made with utility companies for provision of services and/or necessary easements (i.e. power, gas and telephone). 5. The Applicant shall ensure there is adequate physical access to the new parcel and to the balance of lands. It should be noted that the applicant may be required to upgrade the existing access or to provide an access to Red Deer County Standards. Minutes of the Municipal Planning Commission meeting of July... Page 8 of 51

9 Minutes of the Municipal Planning Commission, July 5, 2016 Page 8 6. A drainage plan is required, to ensure that the proposed properties do not contribute or receive any drainage from any other property. A drainage easement may be required for this situation. 7. The applicant shall enter into a Subdivision Servicing Agreement with Red Deer County and complete the work in accordance with Section 655 of the Municipal Government Act, as amended (fees required). As part of this requirement, an engineered Storm Water Management Plan, Pre-grading Site Plan and Site Grading Plan are required. These must be approved prior to any development commencing. (This may also include roads being constructed, upgraded and/or paved to Red Deer County standards at the applicant s expense). 8. If connections to a municipal/regional water supply system and/or a sewage disposal system are being proposed, a capacity evaluation will be required for the proposed lot. CARRIED UNANIMOUSLY 7.0 ADJOURNMENT MPC Moved by Councillor J.M. Bota that the Municipal Planning Commission meeting of July 5, 2016, be adjourned. TIME: 10:05 a.m. CARRIED UNANIMOUSLY Chairman Legislative Services Manager Minutes of the Municipal Planning Commission meeting of July... Page 9 of 51

10 Date: July 19, 2016 July 19, Report 5.1 ADMINISTRATION REPORT Memo To: Municipal Planning Commission From: Planning & Development Services Subject: SW W4M / 16.2 Hectares (40 acres) / Agricultural District / Division 1 File D PURPOSE To consider a discretionary use development permit application for a Home Business Major to accommodate an automotive diagnostic and repair business on the SW W4M, zoned Agricultural District (AG). 2.0 SUMMARY A Development Permit was issued for the Home Business Major in 2010 for a period of five (5) years. The Applicant is proposing renewal of the Home Business Major; the business has not expanded. A review of the legal land file for SW W4M found no complaints with respect to the business since commencing in The parcel is 16.2 hectares (40 acres) in size and is accessed via Highway #21. The Applicant is proposing to operate an automotive computer diagnostic, minor automotive repair and maintenance, and off site consulting on automotive computer diagnostics. The Applicant s shop has a maximum capacity of four (4) vehicles. The business will generate additional traffic of one to two vehicles per day during normal business hours. The Applicant is expecting to have one potential client vehicle stored outside at any given time. This may include light trucks (under 8,500 lbs) and/or cars. Outdoor storage will be accommodated beside the existing shop within a lean-to structure and will not be visible from the road. There will be one (1) non-residential employee and one (1) residential employee with two vehicles associated with the business. Hours of operation to operate the business will be Monday to Friday 9.00 a.m. to 5.00 p.m. There is one sign located on the property which was approved in Surrounding land uses include growing crops and agriculture related uses. The Land Use Bylaw 2006/6, Section 52 provides the regulation for Home Business Major, the proposed business meets the requirements of this section. The Municipal Development Plan Policy 6.2 states that Home business is recognized and supported as a viable lifestyle and economic development opportunity. Pt SW (Division 1) application for a Home Busin... Page 10 of 51

11 This application was referred to external and internal agencies as well adjacent landowners. To date, no comments or concerns have been received. 3.0 ALTERNATIVES a) Approve the application subject to conditions. Approve the discretionary use development permit application for Home Business Major to accommodate an automotive diagnostic and repair business on part of the SW W4M subject to the following conditions being met to the satisfaction of the Development Officer: 1. The Home Business- Major shall be considered temporary and will expire five (5) years from the date of the issuance of a Development Permit. 2. Nuisance: noise, vibration, smoke, dust, odours, heat, glare, electrical or radio disturbance detectable beyond the property boundary shall not be produced by the home business. At all times, the privacy and enjoyment of adjacent residences shall be preserved and the amenities of the neighborhood maintained; 3. Any interior or exterior alterations additions or renovations to accommodate a home business, or to accommodate some other residential function in the principal dwelling so that some of the existing space may be used for the home business, may be allowed as long as such alterations, additions, or renovations comply with the Land Use Bylaw, the Safety Codes Act, and any applicable bylaws of Red Deer County; 4. Except for emergency situations, all home business vehicle trips shall be restricted to: Monday to Friday between the hours of 9:00 a.m. and 5:00 p.m. 5. In addition to the required number of residential parking spaces, the major home business shall provide three (3) spaces. 6. There shall be adequate on-site parking or storage space provided for all home business vehicles. 7. Any permitted heavy vehicles shall be parked indoors or outdoors in a location that is generally not visible from a public road or adjacent property. 8. Except for on a permitted driveway, no parking shall be permitted in a front yard. 9. The home business shall not occupy more than 30% of the gross floor area of the principal dwelling plus the area of accessory structures; 10. The home business shall be operated by the permanent resident(s) of the principal dwelling, and may employ no more than one (1) non-resident on-site employees; 11. The major home business shall have no more than two (2) home business vehicles used in conjunction with the home business, parked and maintained on the site; 12. The decision being advertised in a local paper and no appeal against said decision being successful. Notes: a. It is the responsibility of the Applicant to ensure they obtain Building, Gas, Plumbing and Electrical Permits from the County Safety Codes department. Please call for more information. b. The applicant for a residential development permit in the Agricultural District is hereby notified that the purpose of the Agricultural District is to provide landowners with the right to farm and those agricultural activities in the District have precedence. c. The Applicant is responsible for obtaining approval from Alberta Transportation. d. The Applicant is responsible for obtaining approval from Alberta Environment. Pt SW (Division 1) application for a Home Busin... Page 11 of 51

12 e. The Applicant is responsible for ensuring the subject development shall not disturb, affect or alter conditions of all utilities and appurtenances, drainage and/or access rights of way, as they exist, over, under, or through the lands. f. The Applicant is responsible for ensuring all development is outside active utility rights of way. g. The Applicant is responsible for making suitable arrangements with the utility companies for provision of services and/or necessary easements. h. The Applicant is responsible for ensuring the yard and buildings be maintained in a neat, tenantable fashion, and all landscaped areas must be kept trimmed and properly maintained, free of prohibited noxious weeds and noxious weeds. i. The granting of this Permit and compliance with the requirements of this permit and the Land Use Bylaw, does not exempt the applicant from conforming with any other by-law or Act administered by any other agencies or levels of government that may affect the proposed project. j. Nothing in this approval or the Land Use Bylaw, exempts the Applicant from obtaining a development permit as required by the Land Use Bylaw or from obtaining any other permit, license or other authorization required by the Land Use Bylaw or any other bylaw. k. In addition to the provisions and requirements of this approval and the Land Use Bylaw, the applicant is also required to comply with all federal, provincial and other municipal legislation. OR: b) Postpone the application stating reasons; or c) Deny the application, stating reasons. 4.0 RECOMMENDATIONS Approve the discretionary use development permit application for a Home Business Major to accommodate an automotive diagnostic and repair business on part of the SW W4M, subject to the conditions listed in #3 Alternatives (a). Prepared by: Denise Bedford Acting Senior Development Officer Reviewed by: Dave Dittrick Director of Planning & Development Services Reviewed by: Ric Henderson Assistant County Manager Pt SW (Division 1) application for a Home Busin... Page 12 of 51

13 SCHEDULE A ADJACENT LANDOWNER REFERRAL LETTER June 27, 2016 File: D Dear Landowner: Legal Description: SW Hectares (40 acres) Landowner/Applicant: Graeme Lindsay Subject: Home Business Major Automotive Diagnostic & Repair Business As an adjacent landowner, this letter is being sent to inform you that Red Deer County has received a development permit renewal application for a Home Business Major: Automotive Diagnostic and Repair. The subject parcel is zoned Agricultural District (AG). Home Business Major means the secondary use of a principal dwelling, its accessory structures and site, or combinations thereof, by at least one permanent resident of the dwelling to conduct a business activity or occupation, and which creates additional traffic. A major home business does not include a bed and breakfast facility, but may include a value added agricultural industry. Red Deer County appreciates your feedback at this time. If you have any comments or concerns regarding this proposal, please submit them in writing by quoting File: D , prior to July 15, Your comments will be included with the administration report when this application is considered by Red Deer County Municipal Planning Commission. Please note: Red Deer County Administration is not able to respond, on an individual basis to feedback received. If we do not receive any response from you by the date indicated above, we will conclude that you have no objections to the proposal. Should you require further information or clarification on this application, please contact our office between 8:30 am - 4:30 pm Monday to Friday at Municipal Planning Commission (MPC) is an open meeting to the public and you are welcome to attend. Sincerely, Red Deer County Denise Bedford Acting Senior Development Officer dbedford@rdcounty.ca Pt SW (Division 1) application for a Home Busin... Page 13 of 51

14 APPLICATION DETAILS: Purpose of Application: The applicant has applied to renew the existing development permit to operate a Home Business Major: Automotive Diagnostic and Repair on the SW , zoned Agricultural District (AG). Proposed Land Use / Lot Description: The applicant is proposing to operate an automotive computer diagnostic, minor automotive repair and maintenance, and off site consulting on automotive computer diagnostics The applicant s shop has a maximum capacity of 4 vehicles The applicant is expecting to have one potential client vehicle stored outside at any given time. This may include light trucks (under 8,500 lbs) and/or cars, visits per day on the property. Outdoor storage will be accommodated beside the existing shop within a lean-to structure and will not be visible from the road. There will be no non-resident employees. Hours of operation to operate the business will be Monday to Friday 9.00 a.m. to 5.00 p.m. There is one sign located on the property which was approved in Surrounding Land Use / Environmental Considerations: Surrounding land uses include growing crops and agriculture related uses The subject land includes an existing pond which is located approximately 250 feet from the shop. The home business major will potentially have fluids related to automotive repairs and maintenance. These used fluids are contained and disposed of appropriately. Statutory Document Information: Home Business Major is a discretionary use in accordance with the Land Use Bylaw 2006/6 and therefore requires the approval of the Municipal Planning Commission. The Land Use Bylaw 2006/6, Section 52 provides the regulation for Home Business Major. The Municipal Development Plan Policy 6.2 states that Home business is recognized and supported as a viable lifestyle and economic development opportunity. Pt SW (Division 1) application for a Home Busin... Page 14 of 51

15 SCHEDULE B LAND LOCATION MAP \\rdc-file\planning & Development\1. DEVELOPMENT PERMITS 2016\D Lindsay, Graeme HB Major\ADMINISTRATION REPORT.docx Pt SW (Division 1) application for a Home Busin... Page 15 of 51

16 SCHEDULE C LAND LOCATION AERIAL MAPS \\rdc-file\planning & Development\1. DEVELOPMENT PERMITS 2016\D Lindsay, Graeme HB Major\ADMINISTRATION REPORT.docx Pt SW (Division 1) application for a Home Busin... Page 16 of 51

17 SCHEDULE D PHOTOS \\rdc-file\planning & Development\1. DEVELOPMENT PERMITS 2016\D Lindsay, Graeme HB Major\ADMINISTRATION REPORT.docx Pt SW (Division 1) application for a Home Busin... Page 17 of 51

18 Date: July 19, 2016 July 19, 2016 Report 5.2 ADMINISTRATION REPORT Memo To: Municipal Planning Commission From: Planning & Development Services Subject: SE W5M / 64.3 Hectares (159 Acres) / Agricultural District / Division 4 File No. D PURPOSE To consider a discretionary use development permit application for a clustered farm dwelling (manufactured home) within the SE W5M, zoned Agricultural District (AG). 2.0 SUMMARY The Applicant is proposing to place a third dwelling (manufactured home) on the subject property. Clustered Farm Dwelling means a third or additional dwelling added to a property to be occupied by a person who is solely or mainly employed in an agricultural operation or confined feeding operation on the site. The proposed dwelling must be located in the same yard site as one of the existing dwellings. The proposed third dwelling (manufactured home) is located south of a principle dwelling and will utilize the existing utilities including franchise utilities. The parcel is located approximately 12 kilometers (8 miles) west of Innisfail. The property is accessed via Range Road 21. The third dwelling will require a separate civic address and blue sign; no new accesses will be required as the property currently has five access/egresses. The subject property will remain primarily agricultural in use. The property is 64.3 hectares (159 acres) in size and contains two single detached dwellings, 3 shops, 2 storage sheds, several outbuildings, and croplands. The subject property is not within an Area Structure Plan nor is it within an Environmentally Significant Area. This application was referred to internal and external agencies as well as adjacent property owners. To date, no concerns have been received. SE (Division 4) application to locate a clustere... Page 18 of 51

19 3.0 ALTERNATIVES a) Approve a discretionary use development permit application for a clustered farm dwelling (manufactured home) within SE W5M, subject to the following conditions being met to the satisfaction of the Development Officer: Notes: 1. A development permit shall not be issued and construction of the development shall not proceed until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. Once the permit is issued, the Applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 3. The Applicant is responsible for obtaining a civic address as required by Red Deer County and rural (blue) sign for the third dwelling. 4. The development shall be attractive in appearance and shall complement existing buildings on the property. 5. The subject property shall not alter existing drainage where water drains onto neighboring properties. It will be the developer s responsibility to provide corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 6. The decision being advertised in a local paper and no appeal against said decision being successful. a. It is the responsibility of the Applicant to ensure they obtain Building, Gas, Plumbing and Electrical Permits from the County Safety Codes department. Please call for more information. b. The Applicant is responsible for making suitable arrangements with the utility companies for provision of services and/or necessary easements. c. The Applicant is responsible for ensuring the subject development shall not disturb, affect or alter conditions of all utilities and appurtenances, drainage right of way, and access right of way, as they exist, over, under, or through the lands. d. Any contamination of the environment as a result of the developer s activities shall be remediated at the expense of the landowner. e. The granting of this Permit and compliance with the requirements of this permit and the Land Use Bylaw, does not exempt the applicant from conforming to any other Bylaw or Act administered by any other agencies or levels of government that may affect the proposed project. f. Nothing in this approval or the Land Use Bylaw, exempts the applicant from obtaining a development permit as required by the Land Use Bylaw or from obtaining any other permit, license or other authorization required by the Land Use Bylaw or any other Bylaw. g. In addition to the provisions and requirements of this approval and the Land Use Bylaw, the applicant is also required to comply with all federal, provincial and other municipal legislation. OR: b) Postpone the application stating reasons; or c) Deny the application, stating reasons. SE (Division 4) application to locate a clustere... Page 19 of 51

20 4.0 RECOMMENDATIONS Approve a discretionary use development permit application for a clustered farm dwelling (manufactured home) within the SE W5M, subject to the conditions listed in Alternative #3 a. Prepared by: Connie Sloan Development Officer Reviewed by: Dave Dittrick Director of Planning & Development Services Reviewed by: Ric Henderson Assistant County Manager SE (Division 4) application to locate a clustere... Page 20 of 51

21 SCHEDULE A ADJACENT LANDOWNER REFERRAL LETTER June 24, 2016 File: D Dear Landowner: Legal Description: SE W5M at Range Road 21 Landowner/Applicant: Newsham, Elgar / Newsham, Tyler Subject: Clustered Farm Dwellings Manufactured Home As an adjacent landowner, this letter is being sent to inform you that Red Deer County has received a development permit application for a third dwelling on SE , zoned Agricultural District. Clustered Farm Dwellings means a third or additional dwelling added to a property to be occupied by a person who is solely or mainly employed in an agricultural operation or confined feeding operation on the site. The proposed dwelling must be located in the same yard site as one of the existing dwellings. Red Deer County appreciates your feedback at this time. If you have any comments or concerns regarding this proposal, please submit them in writing by quoting File: D , prior to July15, Your comments will be included with the administration report when this application is considered by Red Deer County Municipal Planning Commission. Please note: Red Deer County Administration is not able to respond, on an individual basis to feedback received. If we do not receive any response from you by the date indicated above, we will conclude that you have no objections to the proposal. Should you require further information or clarification on this application, please contact our office between 8:30 am - 4:30 pm Monday to Friday at Municipal Planning Commission (MPC) is an open meeting to the public and you are welcome to attend. Sincerely, Red Deer County Connie Sloan, Development Officer csloan@rdcounty.ca SE (Division 4) application to locate a clustere... Page 21 of 51

22 APPLICATION DETAILS: Purpose of Application: The Applicant wishes to place a manufactured home within the existing farm yard of the subject property. This third dwelling is a discretionary use within the Land Use Bylaw and is defined as Clustered Farm Dwellings. This third dwelling will be connected to the existing utilities on the parcel and will utilize an existing access. The applicant will be required to obtain a separate civic address (blue) sign. Proposed Land Use / Lot Description: The subject lands are primarily agricultural use and will remain as such. The parcel is a full quarter section containing two detached dwellings, a shop, barn, hays sheds and various outbuildings. Surrounding Land Use / Environmental Considerations: Surrounding land use is mainly agricultural. The subject property is not within an Area Structure Plan nor is it within an Environmentally Significant Area. Statutory Document Information: As Clustered Farm Dwellings are a discretionary use within the Red Deer County s Land Use Bylaw, this application must be reviewed by the Municipal Planning Commission. P:\DEVELOPMENT PERMITS 2016/D Newsham (Cluster Farm Dwelling) SE (Division 4) application to locate a clustere... Page 22 of 51

23 SCHEDULE B LAND LOCATION MAP SCHEDULE C P:\DEVELOPMENT PERMITS 2016/D Newsham (Cluster Farm Dwelling) SE (Division 4) application to locate a clustere... Page 23 of 51

24 LAND LOCATION AERIAL MAPS P:\DEVELOPMENT PERMITS 2016/D Newsham (Cluster Farm Dwelling) SE (Division 4) application to locate a clustere... Page 24 of 51

25 SCHEDULE D SITE PLAN P:\DEVELOPMENT PERMITS 2016/D Newsham (Cluster Farm Dwelling) SE (Division 4) application to locate a clustere... Page 25 of 51

26 July 19, 2016 Report 5.3 ADMINISTRATION REPORT Date: July 19, 2016 Memo To: Municipal Planning Commission From: Subject: Planning & Development Services NW W4M / Units 8 & 9, Condominium Plan / 1.34 Hectares (3.32 Acres) / BSI District / Division 2 / File Number D PURPOSE To consider a discretionary use development permit application for a Manufacturing and Assembly Facility within Units 8 & 9, Condominium Plan on part of NW W4M (Energy Business Park I). 2.0 SUMMARY The subject parcel, zoned Business Service Industrial District (BSI), is located within Energy Business Park I, which is located south of Petrolia Business Park, east of Highway QEII. Access to the parcel is provided via Energy Way. The parcel contains a recently constructed 2,403 m² (25,866 ft²) Multi Unit building. Manufacturing, Processing or Assembly Facility is defined by the Land Use Bylaw 2006/6 as the manufacturing or assembly of goods, products or equipment and/or the processing of raw or finished materials, including the servicing, repairing or testing of materials, goods and equipment normally associated with the manufacturing, processing or assembly operation. It may include any indoor display, office, technical or administrative support areas or any sales operation accessory to the principal use. The Applicants are proposing to operate a structurally integrated panel (SIP) wall assembly and manufacturing facility within Unit 8&9 of the building. The proposed operation includes some outdoor storage which will be contained within the existing fenced storage yard. The subject site is within the Red Deer County and City of Red Deer Intermunicipal Development Plan boundary, and is located within the County s Growth Area. This application was referred to internal and external agencies, including adjacent landowners, for comments. To date no concerns have been received. Units 8&9, Condominium Plan , NW (Divisio... Page 26 of 51

27 3.0 ALTERNATIVES a) Approve the application subject to conditions. Approve the discretionary use development permit application for a Manufacturing and Assembly Facility within Units 8 & 9, Condominium Plan within the NW W4M (Energy Business Park I), subject to the following conditions being met to the satisfaction of the Development Officer: 1. The proposed development shall be undertaken and completed in accordance with the approved application dated February 1, 2016; 2. The approved use shall not create a nuisance nor adversely affect the amenities of the district. 3. The applicant shall arrange for a fire inspection through the Red Deer County Fire Department prior to occupancy of the building. All costs associated for same shall be at the applicant s expense. 4. The Applicant shall ensure that sufficient parking stalls are provided for the approved use, in accordance with Part 8 of the County s Land Use Bylaw and the approved plan. 5. Outdoor Storage shall be located in the rear of the building and shall be screened to the satisfaction of the Development Authority. 6. A Fascia sign shall not exceed 15% of the visible area of the façade of each wall of the building/store front. Notes: a. It is the responsibility of the Applicant to ensure they obtain Building, Gas, Plumbing and Electrical Permits from the County Safety Codes department. Please call for more information. b. Land Use Bylaw does not exempt any person from the requirements of, or excuse or authorize the violation of any regulation, by-law, or act administered by this or any other agencies or levels of government that may affect the proposed project; c. Nothing in this permit or the Land Use Bylaw exempts a person to obtain a development permit as required by the Land Use Bylaw or to obtain any other permit, license or other authorization required by the Land Use Bylaw or any other Bylaw; d. In addition to the provisions and requirements of this permit and the Land Use Bylaw, a person is also required to comply with all federal, provincial and other municipal legislation. OR: b) Postpone the application stating reasons; or c) Deny the application, stating reasons. Units 8&9, Condominium Plan , NW (Divisio... Page 27 of 51

28 4.0 RECOMMENDATIONS Approve the discretionary use development permit application for a Manufacturing and Assembly Facility within Units 8 & 9, Condominium Plan within the NW W4M (Energy Business Park I), subject to the conditions listed in #3 Alternatives (a). Prepared by: Tara March Development Officer Reviewed by: Dave Dittrick Director of Planning & Development Services Reviewed by: Ric Henderson Assistant County Manager Units 8&9, Condominium Plan , NW (Divisio... Page 28 of 51

29 SCHEDULE A ADJACENT LANDOWNER REFERRAL LETTER June 29, 2016 File: D Dear Landowner: Legal Description: Lot 15, Block 5, Plan Landowner/Applicant: INdevelopments Corp Subject: Proposed Manufacturing and Assembly Facility (Approval of Use) As an adjacent landowner, this letter is being sent to inform you that Red Deer County has received an approval of use development permit application a discretionary use Manufacturing and Assembly Facility within Units 8 & 9, Plan Red Deer County appreciates your feedback at this time. If you have any comments or concerns regarding this proposal, please submit them in writing by quoting File: D , prior to July 14, Your comments will be included with the administration report when this application is considered by Red Deer County Municipal Planning Commission. Please note: Red Deer County Administration is not able to respond, on an individual basis to feedback received. If we do not receive any response from you by the date indicated above, we will conclude that you have no objections to the proposal. Should you require further information or clarification on this application, please contact our office between 8:30 am - 4:30 pm Monday to Friday at Municipal Planning Commission (MPC) is an open meeting to the public and you are welcome to attend. Sincerely, Red Deer County Tara March, Development Officer tmarch@rdcounty.ca Units 8&9, Condominium Plan , NW (Divisio... Page 29 of 51

30 APPLICATION DETAILS: Purpose of Application: To consider an approval of use development permit application a discretionary use Manufacturing and Assembly Facility within Units 8 & 9, Plan (Energy Business Park). Proposed Land Use / Lot Description: The subject parcel, zoned Business Service Industrial District (BSI), is located within Energy Business Park I, which is located south of Petrolia Business Park, east of Highway QEII. Access to the parcel is provided via Energy Way. The parcel contains a recently constructed 2,403 m² (25,866 ft²) Multi Unit building. The applicants are proposing to operate a SIP (structurally integrated panel) wall assembly and manufacturing facility within Unit 8&9 of the building. The proposed operation includes some outdoor storage which will be contained with and existing fenced storage yard. \\rdc-file\planning & Development\1. DEVELOPMENT PERMITS 2016\D \ADMINISTRATION REPOR1.docx Units 8&9, Condominium Plan , NW (Divisio... Page 30 of 51

31 SCHEDULE B LAND LOCATION MAP \\rdc-file\planning & Development\1. DEVELOPMENT PERMITS 2016\D \ADMINISTRATION REPOR1.docx Units 8&9, Condominium Plan , NW (Divisio... Page 31 of 51

32 SCHEDULE C LAND LOCATION AERIAL MAPS \\rdc-file\planning & Development\1. DEVELOPMENT PERMITS 2016\D \ADMINISTRATION REPOR1.docx Units 8&9, Condominium Plan , NW (Divisio... Page 32 of 51

33 SCHEDULE D SITE PLAN \\rdc-file\planning & Development\1. DEVELOPMENT PERMITS 2016\D \ADMINISTRATION REPOR1.docx Units 8&9, Condominium Plan , NW (Divisio... Page 33 of 51

34 Date: July 19, 2016 July 19, 2016 Report 5.4 ADMINISTRATION REPORT Memo To: Municipal Planning Commission From: Planning & Development Services Subject: SW W4M / Lot 1, Block 1, Plan / 1.57 Hectares (3.88 Acres) / Agricultural District / Division 4/ File No. D PURPOSE To consider a discretionary use development permit application for a Second Dwelling (Mobile Home) with a relaxation to the minimum front yard setback requirement from 46 metres (150.0 feet) to 36.6 metres (120 feet) on 1.57 hectares (3.88 acres) of Agricultural District (AG) land on Lot 1, Block 1, Plan within the SW W4M. 2.0 SUMMARY The subject parcel is located approximately 7.3 kilometres (4.5 miles) east of the Town of Innisfail, and approximately 5.6 kilometres (3.5 miles) north of Highway 587. Access to the parcel is provided via Range Road 275. The subject parcel contains a single detached dwelling and various out buildings. The Applicant is proposing to locate a second dwelling (manufactured home) northwest of the existing dwelling. The proposed location of the second dwelling requires a relaxation to the minimum front yard setback requirement from 46 m (150 ft) to 36.6 m (120 ft). The Applicant has indicated that the proposed front yard relaxation of 9.4 metres (29.9 feet) is necessary due to the lot configuration, and so as to not interfere with existing shallow services and mature trees. Section 47.3(c) of the Red Deer County Land Use Bylaw 2006/6 states whenever possible, the second dwelling must tie into the existing water, sewer and storm drainage systems, access roads and approaches existing upon the lot. The Applicant has indicated that the proposed second dwelling will utilize the existing access point, and will share the franchise utilities and private water well with the existing dwelling; however, the proposed second dwelling will require a new private sewage disposal system and driveway. The application was referred to internal and external agencies, as well as adjacent landowners for comment. To date, no concerns have been received. Lot 1, Block 1, Plan , SW (Division 4) a... Page 34 of 51

35 3.0 ALTERNATIVES a) Approve the application subject to conditions. Approve the discretionary use development permit application for Second Dwelling (Mobile Home) with a relaxation to the minimum front yard setback requirement from 46 metres (150.0 feet) to 36.6 metres (120 feet) on 1.57 hectares (3.88 acres) of Agricultural District (AG) land on Lot 1, Block 1, Plan within the SW W4M, subject to the following conditions being met to the satisfaction of the Development Officer: 1. A development permit shall not be issued and construction of the development shall not proceed beyond grade level until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. The proposed development shall be undertaken and completed in accordance with the attached conceptual plans and with the detailed plans, which are to be prepared pursuant to the conceptual plans and comply with the County s Design Guidelines & General Construction Specifications. 3. Confirmation that an application and site plan have been submitted to Red Deer County for Rural/Civic Addressing for the new dwelling. 4. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 5. The subject development shall not alter the existing drainage where water drains onto neighbouring properties. It will be the developer s responsibility to provide corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 6. The Development shall be attractive in appearance, shall complement existing buildings located on adjacent parcels, and shall be constructed of materials that comply with the Safety Code Act. 7. The approved use shall not create a nuisance nor adversely affect the amenities of the district. 8. Failure to comply with the aforementioned conditions will result in Development Permit revocation and the issuance of a stop order pursuant to the Municipal Government Act. 9. The decision being advertised in a local paper and no appeal against said decision being successful. Notes: a. It is the responsibility of the Applicant to ensure they obtain Building, Gas, Plumbing and Electrical Permits from the County Safety Codes department. Please call for more information. b. Any contamination of the environment resulting from the Applicant s activities shall be remediated at the Applicant s cost. c. The applicant for a residential development permit in the Agricultural District is hereby notified that the purpose of the Agricultural District is to provide landowners with the right to farm and those agricultural activities in the District have precedence. d. The Applicant is responsible for ensuring the subject development shall not disturb, affect or alter conditions of all utilities and appurtenances, drainage and/or access rights of way, as they exist, over, under, or through the lands. e. The Applicant is responsible for ensuring all development is outside active utility rights of way. f. The Applicant is responsible for making suitable arrangements with the utility companies for provision of services and/or necessary easements. g. A two (2) meter separation shall be provided between the water table and the lowest landscape grade of the building. Lot 1, Block 1, Plan , SW (Division 4) a... Page 35 of 51

36 h. The granting of this Permit and compliance with the requirements of this permit and the Land Use Bylaw, does not exempt the applicant from conforming with any other by-law or Act administered by any other agencies or levels of government that may affect the proposed project. i. Nothing in this approval or the Land Use Bylaw, exempts the Applicant from obtaining a development permit as required by the Land Use Bylaw or from obtaining any other permit, license or other authorization required by the Land Use Bylaw or any other bylaw. j. In addition to the provisions and requirements of this approval and the Land Use Bylaw, the applicant is also required to comply with all federal, provincial and other municipal legislation. OR: b) Postpone the application stating reasons; or c) Deny the application, stating reasons. 4.0 RECOMMENDATIONS Approve the discretionary use development permit application for a Second Dwelling (Mobile Home) with a relaxation to the minimum front yard setback requirement from 46 metres (150.0 feet) to 36.6 metres (120 feet) on 1.57 hectares (3.88 acres) of Agricultural District (AG) land on Lot 1, Block 1, Plan within the SW W4M, subject to the conditions listed in #3 Alternatives (a). Prepared by: Tara March Development Officer Reviewed by: Dave Dittrick Director of Planning & Development Services Reviewed by: Ric Henderson Assistant County Manager Lot 1, Block 1, Plan , SW (Division 4) a... Page 36 of 51

37 SCHEDULE A ADJACENT LANDOWNER REFERRAL LETTER June 28, 2016 File: D Dear Landowner: Legal Description: SW W4M, Lot 1, Block 1, Plan Landowner/Applicant: ZIELKE, Jim & Charlene Subject: Second Dwelling As an adjacent landowner, this letter is being sent to inform you that Red Deer County has received a development permit application for a Discretionary Use Second Dwelling on 1.57 hectares (3.88 acres) of Agricultural District Land on Lot 1, Block 1, Plan within the SW W4M. The County s review process requires that adjacent landowners be contacted for concerns or objections to any Discretionary Use development application. As such, we are asking for your comments regarding this application. Red Deer County appreciates your feedback at this time. If you have any comments or concerns regarding this proposal, please submit them in writing by quoting File: D prior to July 14, Your comments will be included with the administration report when this application is considered by the Municipal Planning Commission. Please note: Red Deer County Administration is not able to respond, on an individual basis to feedback received. If we do not receive any response from you by the date indicated above, we will conclude that you have no objections to the proposal. Should you require further information or clarification on this application, please contact our office between 8:30 am - 4:30 pm Monday to Friday at Sincerely, Red Deer County Tara March, Development Officer tmarch@rdcounty.ca Lot 1, Block 1, Plan , SW (Division 4) a... Page 37 of 51

38 APPLICATION DETAILS: The subject parcel contains a single detached dwelling and various out buildings. The subject parcel is located approximately 7.3 kilometres (4.5 miles) east of the Town of Innisfail, and approximately 5.6 kilometres (3.5 miles) north of Highway 587. Access to the parcel is provided via Range Road 275. The Applicant is proposing to locate a second dwelling (manufactured home) northwest of the existing dwelling. The proposed location of the second dwelling requires a relaxation to the minimum front yard setback requirement from 46 m (150 ft) to 36.6 m (120 ft). Section 47.3(c) of the Red Deer County Land Use Bylaw 2006/6 states whenever possible, the second dwelling must tie into the existing water, sewer and storm drainage systems, access roads and approaches existing upon the lot. The Applicant has indicated that the proposed second dwelling will utilize the existing access point, and will share the franchise utilities and private water well with the existing dwelling; however, the proposed second dwelling will require a new private sewage disposal system and driveway. Lot 1, Block 1, Plan , SW (Division 4) a... Page 38 of 51

39 SCHEDULE B LAND LOCATION MAP Lot 1, Block 1, Plan , SW (Division 4) a... Page 39 of 51

40 SCHEDULE C LAND LOCATION AERIAL MAPS Lot 1, Block 1, Plan , SW (Division 4) a... Page 40 of 51

41 SCHEDULE D SITE PLAN Lot 1, Block 1, Plan , SW (Division 4) a... Page 41 of 51

42 July 19, 2016 Report 6.1 ADMINISTRATION REPORT Date: July 19, 2016 Memo To: Municipal Planning Commission From: Planning & Development Services Subject: NW W4M / Lot 7, Block 1, Plan 4062RS / Hectares (1.03 Acres) / R-1 District / Division 2 / File Number S PURPOSE To consider the subdivision of hectares (1.03 acres) from 1.92 hectares (4.75 acres) of Country Residential District (R-1) land on Lot 7, Block 1, Plan 4062RS, within NW W4M. 2.0 SUMMARY The parcel is located within the Hawk Hills Country Residential subdivision, located approximately 0.8 km (0.5 miles) east of the City of Red Deer. The proposed north easterly hectares (1.03 acres) parcel currently exists as pasture land with trees stands and a shelterbelt. The southern 1.51 hectare (3.72 acre) residual parcel contains a detached dwelling, accessory structures, water well and septic system. Access to the proposed hectare (1.03 acre) parcel will be provided via an internal subdivision road (Balmoral Avenue). Access to the residual 1.50 hectare (3.72 acre) parcel is also provided via Balmoral Avenue. The surrounding properties are mainly Country Residential and Agricultural District. Topography of the land is rolling, with trees stands and a shelterbelt. This property is within the Intermunicipal Development Plan and within the City of Red Deer Growth Area. This application is being referred to the Red Deer County and the City of Red Deer Joint Planning Committee for review. Part II, Section 2, of the Divide Hills Area Structure Plan, allows for the subdivision of existing parcels within the Hawk Hills and Herder Subdivisions. The application conforms to the criteria set out within the Municipal Development Plan, the City of Red Deer & Red Deer County Intermunicipal Development Plan, the Divide Hill Area Structure Plan and the Red Deer County Land Use Bylaw 2006/6. This application was referred to both internal and external parties, as well as adjacent landowners with an interest in the proposed subdivision. To date, no concerns have been received. P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 42 of 51

43 Red Deer County s Development Engineer comments are listed as follows: o A drainage plan is required. Ensure that the proposed properties do not contribute or receive any drainage from any other property. Drainage easements may be required for this situation. o Ensure access is provided to both parcels, which are to be constructed and paved to Red Deer County specifications. Red Deer County Land Management requires 5.2 metre road widening along the northern boundary (Balmoral Avenue) of the proposed parcel and the remainder of the existing parcel. 3.0 SUITABILITY CHECKLIST PROPOSED LOT 3.1 Consistent with Municipal Development Plan Policy: First parcel out of an unsubdivided ¼ section No The parcel contains a farmstead No Fragmented parcel N/A The parcel contains a suitable building site Yes Legal and year round physical access is sufficient to meet the needs of the proposed use Yes Adjacent to or near quarter section boundaries without jeopardizing agricultural operations on the quarter section N/A Where possible, in close proximity to existing residential parcels or farmsteads on adjacent quarter sections Yes Along a designated rural residential collector road Yes Respects natural capital and optimizes the use of these assets N/A The parcel can be serviced on-site as per provincial regulations Condition of approval 4.0 ALTERNATIVES 4.1 Grant approval for the subdivision. In considering this application, it is deemed that the subdivision as proposed complies with the Municipal Government Act; the City of Red Deer & Red Deer County Intermunicipal Development plan, the Municipal Development Plan; the Divide Area Structure 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, it is recommended that this application to subdivide hectares (1.03 acres) from 1.92 hectares (4.75 acres) within Lot 7, Block 1, Plan 4062RS RS, NW W4M, zoned Country Residential (R-1) in order to create one new lot, be approved subject to the following conditions: a) Subdivision to be effected by Plan of Survey. b) Submission of a plan by an Alberta certified surveyor confirming the location of the buildings and water well relative to the new property lines. P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 43 of 51

44 c) Payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County. d) The dedication, by way of an agreement for road widening or future construction, registered as a caveat on the land title, indicating a 5.2 metre widening along the along the northern boundary (Balmoral Avenue) of the proposed parcel and the remainder of the existing parcel for possible future road widening purposes in favour of Red Deer County. e) The Applicant shall ensure there is adequate physical access to the new parcel and to the balance of lands. The Applicant is required to upgrade the existing approach on the northern portion of the lot. Paving of the approach from the developed County Right-of- Way to the property line of the new parcel is required. All upgrades and paving work involving the two approaches must be completed prior to the endorsement of the subdivision. Alternatively, the applicant may enter into a Development Agreement with Red Deer County and complete the work in accordance with the County s Design Guidelines and General Construction Specifications. As part of this agreement, the Applicant shall provide securities equivalent to 100% of the estimated construction costs of the required upgrading and paving of the two accesses, which will be retained by the County until the improvements are constructed to the satisfaction of Red Deer County. The form and content of the Agreement must be acceptable to the County and shall be registered by way of Caveat upon the Title, in accordance with Section 655 of the Municipal Government Act, as amended. f) The Applicant shall arrange for an inspection through Red Deer County Safety Code Services in order to confirm that the existing septic system conforms to the Alberta Private Sewage Systems Standard of Practice 2009, as amended from time to time, which includes that it is fully contained within the newly created property lines (fees apply). g) Confirmation of availability and adequacy of a suitable water supply and private sewage disposal system that complies with applicable standards and regulations. Notes: Please provide a digital copy of Plan of Survey or of Descriptive Plan in AutoCAD format, either by disk or send directly to gis@rdcounty.ca The developer is responsible for making suitable arrangements with utility companies for provision of all services and/or necessary easements for utility rights-of-way. Fortis Alberta Inc. is the Distribution Wire Services provider for this area. Fortis Alberta has indicated that the developer must arrange installation of the electrical services for this subdivision with Fortis Alberta. Please contact Fortis Alberta inc. at 310-WIRE ( ) to make application for your electrical services. Please be advised as the applicant, it is your responsibility to contact a service provider regarding telecommunication services to ensure servicing can be provided to the approved subdivision. The developer is responsible for making suitable arrangements with Canada Post for postal service to the new lot. P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 44 of 51

45 Pursuant to Section 663 of the Municipal Government Act, municipal reserves are not required. OR: 4.2 Postpone the application pending further information; or 4.3 Deny, stating reasons. 5.0 RECOMMENDATION Approve the subdivision subject to the conditions listed under Alternatives #4.1. Prepared by Rebecca Mount Assistant Planner Reviewed by Dave Dittrick Director of Planning & Development Services Reviewed by Ric Henderson Assistant County Manager P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 45 of 51

46 SCHEDULE A ADJACENT LANDOWNER REFERRAL LETTER P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 46 of 51

47 SCHEDULE A (CONTINUED) ADJACENT LANDOWNER REFERRAL LETTER P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 47 of 51

48 SCHEDULE B LAND LOCATION MAP P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 48 of 51

49 SCHEDULE C LAND LOCATION AERIAL MAPS P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 49 of 51

50 SCHEDULE C (CONTINUED) LAND LOCATION AERIAL MAPS P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 50 of 51

51 SCHEDULE D SITE PLAN P:\3. SUBDIVISION FILES 2016\S Cappis\MPC Report - Stan Cappis - Subdivision.docx Lot 7, Block 7, Plan 4062RS, NW (Division 2) ap... Page 51 of 51