*1. Trudy Halverson NE W4 Bylaw 1/2018 Further Consideration of Conditions

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1 MUNICIPAL DISTRICT OF FOOTHILLS NO. 31 April 18, 2018 Location: M.D. of Foothills Administration Office 309 Macleod Trail South High River COUNCIL AGENDA A. GENERAL MATTERS 1. Call Meeting to Order 2. Approval of the Agenda as Distributed 3. Consideration of Additions to the Agenda 4. Minutes April 11, Accounts April 18, 2018 B. PUBLIC WORKS/ENGINEERING C. PUBLIC HEARINGS & MEETINGS Drew Granson Pg. 3 10:00 am *1. Dirt Cheep SE W4 Development Permit 18D 018 Brenda Bartnik Pg :30 am *2. Hyland Consultants Ltd. Alberta Distributed Power Corp SW W4 Development Permit 18D :00 am 3. Spitzee Riparian Society Presentation Management Plan D. MISCELLANEOUS PLANNING ITEMS Pg. 28 *1. Trudy Halverson NE W4 Bylaw 1/2018 Further Consideration of Conditions E. SUBDIVISION APPROVING AUTHORITY ITEMS Pg. 35 Pg. 67 *1. Jeffrey Langford SW W4 Acknowledgement of MGB Order *2. Sincerus GP Ltd. (Hawks Springs) E W5 Request for Time Extension F. MISCELLANEOUS MUNICIPAL ITEMS 1. Name Change to Foothills County Public Consultation G. POSTPONED ITEMS H. NEW BUSINESS 1. Committee Reports

2 I. OTHER MATTERS 1. Adjourn 2. Next Meeting April 25, 2018 at 9:00 am 3. April Accounts Review Councillors: R. Siewert, R.D. McHugh and S. Oel

3 DEVELOPMENT PERMIT APPLICATION PLANNING AND DEVELOPMENT REPORT DIRECT CONTROL DISTRICT #16 April 18, 2018 LANDOWNER: Dirt Cheep Enterprises Inc. LEGAL DESCRIPTIONS: Portion of SE W4M PARCEL SIZE: /- Acres DEVELOPMENT PERMIT NUMBER: 18D 018 APPLICANT: Joey & Kimberly Boutin EXISTING LAND USE: Direct Control District #16 - DC16 DIVISION: #1 Rob Siewert FILE MANAGER: Drew Granson PROPOSAL: The application is for Development Permit 18D 018 that requests the issuance of a Development Permit under Direct Control District #16. The applicant has proposed to operate a Wholesale Landscape Product Business and Tree Farm on the subject property. As Council is the development authority for Direct Control District lands, they shall decide on all applications for development permits, and may approve an application for the issuance of a development permit, with or without conditions. Note: The proposed use is neither a permitted or discretionary use within DC16; therefore, should Council support the proposed use under Development Permit 18D 018, a Land Use Amendment to DC16 would be required prior to the issuance of this Development Permit. LOCATION: The subject property is a 9.65 acre Direct Control District #16 parcel and is located directly west of 2431 Drive East. This is directly southwest of Highway 2, approximately 700 meters west of the Highwood River, and approximately 1.7 kilometers southwest of the Hamlet of Aldersyde. PROPOSAL: The submitted application proposes to allow for Dirt Cheep Enterprises Inc., a wholesale landscape material supplier, to operate on the subject property. On site operations are proposed to consist of storage and wholesales of bark mulches, loam, and garden mix products, as well as a tree farm. Administrative operations occur off site within the applicants dwelling which was previously approved under Development Permit for Minor Home Occupation. A maximum of 6 employees are expected to attend the property at any given time, consisting of the applicants, two full time employees and two summer students. Hours of operation are identified as Monday to Friday 7:30am 5:30pm, and Saturdays 8:00am 3:00pm, and closed on Sundays, and the applicants have noted that deliveries by employees of Dirt Cheep may occur later than 5:30 on weekdays. The business is seasonal, proposing to operate from April 1 st to November 30 th, and is dependent on weather. The applicants have proposed to complete lot grading, designed by a Professional Engineer, consisting of cutting into the existing slope to flatten the property and installation of a retaining wall and landscaping berm along the northwest, north and east boundaries, with a mix of Spruce, Poplars, Saskatoon bushes, Juniper, Cotoneaster, Potentilla and boulders to provide screening from Highway 2. Approximately 3-4 acres within the southern portion of the property is proposed to be planted as a tree farm and applicants have proposed approximately 4,500-6,000 trees, depending on species and ability to obtain approved water source. An area of approximately 3

4 30x30 meters is proposed to be enclosed by black chain link security fencing, for secure overnight parking of on-site equipment and would contain a small accessory building with staff bathroom proposed to be run by solar power mounted to the structure. Traffic associated with the business is proposed to consist of 5-15 tandem trucks and pickup trucks per day, and 2-3 deliveries of mulch per week. One 4 x4 identification sign is proposed to be located near the south corner of the property. SITE INSPECTION The subject property is generally flat and primarily grassland with shrubs throughout. A portion of an oxbow lake which was formerly the Highwood River. Three existing approaches provide access to the subject property, and Public Works has requested that two approaches be removed and ditches remediated, and the central approach to be upgraded to commercial standards. POLICY AREA: The proposal is not within an Area Structure Plan, Outline Plan, or Area Redevelopment Plan and has therefore been reviewed within the terms of the MDP2010, Growth Management Strategy, and the Land Use Bylaw. In addition, the subject property is located within the Flood Hazard Protection Overlay District. POLICY & PLANNING CONSIDERATIONS MDP 2010: Policy 2 in the Economy Section of the MDP2010 reads: 2. Proposals for commercial or industrial developments in addition to Natural Resource Extraction should be developed to be compatible with the surrounding area and existing land use. Consideration shall be given to size, design, noise, odor traffic, dust, and the visual impact of the proposed on the adjacent lands. Proposals shall also be considered on the basis of the following criteria: 2.1. Appropriate transportation and utility infrastructure Land use conflicts are minimized Impact on adjoining lands Reasonable privacy is afforded to residents 2.5. Design does not preclude the possible development of adjoining lands Retention of the natural site features Efficiency of use of land. GROWTH MANAGEMENT STRATEGY This parcel falls within the Central District of the Growth Management Strategy. Growth Management Vision for the Central District: The Central District of the MD has been the growth engine for the MD and this trend is expected to continue into the future. While significant development and intensification of development is expected in this area, it will need to be undertaken bearing in mind the aspirations of our municipal neighbours and with due consideration to riparian and wetland areas. Opportunities for joint initiatives will play a key role in providing effective, efficient, and affordable services for this area. LAND USE BYLAW: SECTION DIRECT CONTROL DISTRICT #16 (DC16) Purpose and Intent: 4

5 To allow Direct Control by Council over the development of the following lands: Plan , Block 1, Ptn. N.W W4M Ptn. S.E W4M PERMITTED USES Nil DISCRETIONARY USES Category A Accessory Buildings Accessory Use Administrative Offices Camping Dirt Track Racing Driving Schools Mud Bogs Parking Safety Training Show and Shines Signage Storage of Ground Maintenance Equipment Vehicle Fabrication Facility for Racetrack Only Vehicle Repair Facility for Racetrack Only Warm Storage of Vehicles for Racetrack Only Category B (Event Specific) Auctions Banquets Birthday Parties Concerts Corporate Functions Cutting Horse Futurities Dances Fashion Shows Festivals Flea Markets and Swap Meets Fundraisers for Charity Graduation Parties Movie Productions Music Competitions and Recitals Music Videos Rodeo Events R.V. Shows Team Cattle Penning Weddings REQUIREMENTS: Standard of the development shall be at the discretion of Council. Note: Direct Control District #16 was created for the purpose of allowing for a Racetrack facility and related uses on adjacent lands. These properties are not currently operating any racetrack or related activities. Should Council support the proposed use, a land use amendment to DC16 would be necessary to include the proposed uses as either permitted or discretionary uses. CIRCULATIONS Western Wheel AER Public Works Advertised April 4 th and 11 th, Applicant has provided the Municipality declaration no abandoned wells exist within the parcel. A well and pipeline containing H2S are located within 500 meters of the subject property. The applicant shall ensure setbacks of 100 meters from the centerline of pipeline and 100 meters from the centre of the wellhead are maintained. Stormwater Management Plan with consideration of 1:100 year flood level, Comprehensive Site Drainage Plan, and Lot Grading Plan to be reviewed and accepted by Public Works. Two existing approaches off of 2431 Drive East shall be removed and ditches remediated, and middle approach to be upgraded to Commercial Approach Standards with Culvert. Proposed Retaining Walls to be designed by professional engineer and shall 5

6 Alberta Transportation Alberta Health Services Alberta Environment be considered and reviewed within required Stormwater Management Plan. Applicant will be required to enter into a Road Use Agreement with the MD. A Roadside Development Permit is required from Alberta Transportation prior to the issuance of a Development Permit from the MD of Foothills. No objection subject to following: The applicant/operator must ensure the property is designed and maintained in accordance with the Alberta Public Health Act (RSA 2000), Nuisance and General Sanitation Regulation 243/2003 which states: No person shall create, commit or maintain a nuisance. A nuisance means a condition that is or might become injurious or dangerous to the public health, or that might hinder in any manner the prevention or suppression of disease. This application appears to impact what could be (or possibly has been) a crown claimable waterbody under section 3 of the Public Lands Act. Alberta Environment may have claim to this wetland. Application to the Water Boundaries Unit should be made by the applicant for this determination. Municipal Fire Must adhere to AB Fire Code : Storage of mulch, wood chips, and hogged materials shall not exceed 15,000 m 2 and must maintain minimum setback of 15 meters from any building. Applicants to maintain access to property for fire apparatus. Septic/Safety Codes Applicable Building and Safety Codes permits and inspections required for proposed bathroom structure and solar equipment for proposed use and occupancy. OPTIONS FOR CONSIDERATION: Following are two (2) possible options for Council s consideration: OPTION #1: APPROVAL Council may choose to grant approval for a Development Permit with the accompanying conditions and/or with revised conditions of their choosing. Note: Council may wish to provide any of the following conditions, or any additional conditions, as a pre-release condition(s) should they be of the opinion that the requirement be addressed prior to the Development Permit being issued. Please provide a timeline or deadline for the pre-release condition(s) to be fulfilled. Should the pre-release condition(s) not be adhered to within the provided timeline, the decision would become null and void. CONDITIONS FOR COUNCIL S CONSIDERATION: Recommended Pre-Release Conditions: (Conditions must be fulfilled prior to the Development Permit being endorsed) 1) Land Use Amendment to Direct Control District #16 to allow for the proposed uses within this district shall obtain 3 rd and final reading prior to the issuance of this development permit. Failure to obtain appropriate land use approvals for this property will see this decision considered null and void; 2) The applicant is required to submit a Stormwater Management Plan prepared by a Professional Engineer, including provisions for proposed berm and retaining walls, and 6

7 addressing 1:100 year flood levels, for review and acceptance by the Municipal Public Works Department and Alberta Environment; 3) The applicant shall obtain Road Side Development Permit from Alberta Transportation and provide proof of such to the Development Authority; 4) The application is required to enter a Road Use Agreement with the Municipal Public Works and Engineering Department; 5) The applicant is required to submit a refundable security deposit in the amount of $5,000 in order to ensure compliance with conditions of this approval herein; Additional Recommended Conditions: 6) Upon completion of the Pre-Release Conditions, this approval will allow for the operation of a Wholesale Landscape Product Business and Tree Farm; 7) Landscaping, screening, and stormwater facilities shall at all times be maintained as per the plan(s) accepted to be appropriate by the municipality and must at all times be safe, functional, and in a good state of repair. The property shall at all times have a generally neat and orderly appearance. Plants are to be maintained to demonstrate healthy and vigorous growth; 8) This approval allows for the construction of a staff bathroom structure. The proposed structure is to be located as identified in the accepted site plan, and must adhere to all municipal setback requirements. The applicants must adhere to all requirements of the Alberta Building and Safety Code, and obtain all necessary permits including building, plumbing, gas, septic, and electrical permits. Proof of such must be submitted to the Development Authority; 9) It is the applicant s responsibility to adhere to all recommendations and requirements of Alberta Transportation; 10) Two existing approaches off of 2431 Drive East shall be removed and ditches remediated and the middle approach shall be upgraded to Commercial Approach Standards with Culvert to the satisfaction of the Municipal Public Works and Engineering Department; 11) The applicants must obtain an annual Business Licence from the M.D. of Foothills No.31; 12) Hours the operation is permitted to be open to the public are approved as follows: Mondays through Fridays - 7:30am 5:30pm; Saturdays - 8:00am 3:00pm, and closed on Sundays; 13) A maximum of six (6) employees are permitted to be working on site at any given time; 14) A maximum of forty (40) vehicle trips are permitted on any given day. This includes all employee trips, customers, and any deliveries to or from the subject property; 15) All parking stalls, laneways, aisles, and loading spaces shall be developed to the size and specifications as outlined in Section 9.19 of the Land Use Bylaw; 16) Stockpiling of materials shall adhere to all applicable requirements of the Alberta Fire Codes; 17) Prior to installation of any signage, it is the applicants responsibility to provide design and location specifics to be reviewed and accepted by the Development Authority. In addition, the applicant is responsible for obtaining all necessary approvals from Alberta Transportation with respect to signage; proof of such shall be provided to the Development Authority; 18) The applicant shall comply with all applicable requirements of Alberta Environment with respect to water use and shall obtain all required licenses and/or approvals from AEP, proof of such shall be provided to the Development Authority; 19) Installation(s) of exterior lighting must adhere to the guidelines and technical specifications as outlined within the M.D. of Foothills Dark Sky Bylaw; 7

8 20) No offensive noise, vibration, smoke, dust, odor, heat, glare, electrical, and/or radio disturbance is to be detectable beyond the boundary of the lot; 21) The development must meet all requirements of Alberta Health Services and Alberta Environment, including that all waste materials must be disposed of at an approved waste disposal site. There shall be no long term storage of waste materials on the property, nor burning of waste materials on the property. All garbage and recycling materials shall be stored in weather-proof and animal-proof containers that are required to be visibly screened from adjacent lands and roadways; 22) Prior to the Municipality acknowledging completion of the development, it is the responsibility of the applicant to submit as-built drawings by the respective Professional Engineer verifying all improvements are consistent with the plans and recommendations within the abovementioned Stormwater Management Plan, as accepted by the Municipality; 23) Recommendations within the submitted Stormwater Management Plan shall be adhered to when designing and locating any fencing and landscaping on the subject property; 24) Issuance of a development permit by the municipality does not relieve the applicant of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any provincial or federal regulation or act which may affect use of the land and/or the storage of materials on the property; 25) The applicants indemnify and hold harmless the Municipality against the cost of any claims or actions, or awards for loss or damage to the Owner(s) arising from the use of the subject property; 26) The applicants shall be responsible for payment of any professional costs, including legal fees that may be incurred by the Municipal District with respect to the development approved under this permit. 27) Contravention of any of the above conditions may result in this permit being considered null and void; OPTION #2: REFUSAL Council may choose to refuse the application for a Development Permit if it is of the opinion that the application does not satisfactorily conform to those policies that guide use within the Direct Control District #16; ENCLOSURES: Location Map Lot Ortho Submitted Site Plan Submitted Site Cross Section Submitted Landscaping/Screening Plan Submitted Application and Business Description 8

9 9 Subject Parcel

10 Subject Parcel 10

11 SUBMITTED SITE PLAN 11

12 SUBMITTED SITE CROSS SECTION 12

13 PROPOSED LANDSCAPING/SCREENING PLAN 13

14 14

15 15

16 16

17 17

18 PUBLIC MEETING APPLICATION FOR DEVELOPMENT PERMIT18D 038 DIRECT CONTROL DISTRICT #2 April 18 th, 2018 at 10:30 AM LANDOWNER: Hyland Consultants Ltd. LEGAL DESCRIPTION: Plan Lot 14 SW W4 EXISTING PARCEL: 1.96 acres NUMBER OF PROPOSED NEW PARCELS: N/A APPLICANT: Alberta Distributed Power Corp. DIVISION: #1 Rob Siewert EXISTING LAND USE: Direct Control District #2 FILE MANAGER: Brenda Bartnik PROPOSAL: Request to allow for the operation of a peak power generation plant for a period of 12 months in order to test the feasibility of plant location and connection to the provincial power grid. The applicant has requested a public meeting in order to be present and able to address any questions with Council. LOCATION: The subject property is located on the east side of 82 nd Street east, within the Abild s Industrial Park that lies adjacent to the east side of Highway #2A, approximately two and one-half miles north of the Town of High River. POLICY AREA: The property is located within the Highway 2A Industrial Area Structure Plan (H2AIASP) area and development is guided by the Municipal Development Plan and the Highway 2A Industrial Area Structure Plan under the Industrial Commercial (IC) policy area. Enhanced Design and Landscaping guidelines apply. BACKGROUND: Lot 14 of the Abild s Industrial Park was subdivided under Phase 2 of the subdivision in Municipal sewer and water services are provided to the property as per agreement with the Town of High River approval of Development Permit 03D 205 included construction of one 32 x 36 ft. private hobby use workshop (hobby woodworking shop). Between approximately 2008 and 2015, operations occurred on the east side of the lot that included the storing, blending and screening of landscaping materials (soils and compost), in absence of obtaining appropriate permits to do so. At the time of site inspection for this application on April 2, 2018, it could be noted that two sea-cans exist on the parcel, in absence of a development permit. 18

19 SITE CONSIDERATIONS: Access The lot is accessed off of Highway 2A via 466 th Avenue east. An approach exists from 82 nd Street east. Natural Features Site features are generally unremarkable. The property s north side lies adjacent to a municipal road plan that is anticipated to be developed to a municipal standard in the near future. The lot is bordered on the west by 82 nd Street, and on the east by the Canadian Pacific Railway. The north boundary of the lot encompasses a 10m utility right of way that runs east/west. Improvements The property is serviced by municipal water and wastewater. One building, having a footprint of 1,152 sq. ft. is located on the lot. A row of deciduous columnar trees has been planted along the west property line. PROPOSAL: Alberta Distributed Power Corp is proposing to locate a natural gas power generation plant on the subject property, for a duration of 12 months, in order to test plant location and connection to the provincial power grid. The plant is to generate power during times of peak power demand and feed it back to the grid. The application states that this peak demand installation would run approximately 1,400 hours per year, or 16% of the time. It is most likely to turn on between 7:00 AM and 7:00 PM, with some hours between 7:00 PM and 11:00 PM during hot summer days, or possibly under circumstances like during a shut down of a main power plant. The applicant is requesting approval for use of the property as follows: o Two containers are to be bolted together to form a larger container (12m x 8m) covering an area of 1,034 sq. ft., which is to be placed on existing grade. The containers store natural gas powered generators and other electrical equipment to operate the power generation equipment. An external, pad-mounted transformer, approximately 2m x 2m x 2m in size is to be located on the street side of the containers. o The generation containers and generators are connected to the gas supply and power feeder lines. A power line is proposed to run from the transformer to a power pole within the property and be connected via overhead line to the power grid, on a pole that is approximately 50m from the generation equipment. A radio antennae may be located on the pole located within the property. Plant operation is monitored around the clock using internet connected video, audio and control systems. o Company owners will monitor the power generation operations and third party contractors are to maintain the power generation equipment. Operations are monitored at all times via live audio, video and control system feedback. Monitoring includes fire and natural gas detectors, and generation capacity is to be limited to 1 MW. Following initial installation, the property will be accessed in order to perform monthly inspections lasting approximately two hours, and semi-annual maintenance lasting approximately five hours. For these purposes, a maintenance truck will attend the lot. o The generator/radiator loop is a self-contained system that uses standard ethylene glycol based coolant. o The facility operates periodically as demanded and controlled by the power grid. Hours of operation are unpredictable. Historically, 2-3 days per year it could be 8 hours continuous, otherwise an average maximum of 4 hours continuous operation 4-5 days at a time is periodically anticipated. It is noted that there may be times at which the system could go an entire month without turning on. 19

20 o No water is required for the facility. o No garbage or storage areas are required. o No signage has been proposed within the application. o The containers are fully insulated and large mufflers are installed on the natural gas generators. Noise levels are to be limited to a maximum of 75 decibels at 50m (164 ft.). POLICY / PLANNING CONSIDERATIONS: MUNICIPAL DEVELOPMENT PLAN 2010 (MDP): The PRE-AMBLE of the Economy Section of the MDP states that: Industrial Development The MD will continue to encourage increased and diverse industrial activity by creating a supportive business environment for industrial users within the Highway 2A corridor. Industrial uses include intensive business activity that usually involves the manufacturing, transforming, storing, transporting and/or servicing of goods. ECONOMY - POLICY General Criteria 2. Proposals for commercial or industrial developments should be developed to be compatible with the surrounding area and existing land use. Consideration shall be given to size, design, noise, odor, traffic, dust and the visual impact of the proposal on the adjacent lands. Proposals shall also be considered on the basis of the following criteria: 2.1. Appropriate transportation and utility infrastructure 2.2. Land use conflicts are minimized 2.3. Impact on adjoining lands 2.5. Design does not preclude the possible development of adjoining lands Retention of the natural site features Efficiency of use of land Weed control program. Location 4. Industrial and commercial developments shall be encouraged to locate in existing and new industrial and commercial parks, or in Hamlets where plans are in place to allow for these developments and where they can serve the everyday needs of the surrounding community. 5. Intensification of existing industrial and commercial parks shall be encouraged as a means of promoting the efficient use of land and infrastructure. HIGHWAY 2A INDUSTRIAL AREA STRUCTURE PLAN (H2AIASP): 3.4 Industrial and Commercial Policies The MD shall direct industrial and commercial development to the areas within the corridor considered suitable for such land uses All development shall meet the requirements of the corridor s Design Guidelines (Appendix B). 20

21 In existing built-up areas, complementary uses are encouraged to locate in adjacent undeveloped or re-developable sites Low Impact Development is encouraged on all sites within the plan area All development in the plan area should implement initiatives that achieve environmental stewardship Low water use (equal to or less than 330 imperial gallons/acre/day) development is encouraged throughout the corridor Industrial Commercial Intent The Industrial Commercial (IC) policy area is intended to allow industrial and certain commercial forms of development to take place proximate to one another in a manner that is mutually beneficial and complementary. IC policy areas will adhere to enhanced design and landscaping guidelines. H2AIASP Design Guidelines The Design Guidelines can be accessed in their entirety at: Introduction/Context to the Guidelines These guidelines will benefit developers by providing them with minimum requirements and a clear understanding of the expectations for development in the plan area. In addition they will set up a system that can be used by the Municipality to evaluate potential projects. The guidelines will benefit business owners who choose to locate in the 2A corridor by creating a quality industrial park that will stand the test of time through the provision of a well planned, maintained, and controlled environment in which to operate. The guidelines are not meant to overburden developers with significant additional building and landscaping costs. The goal is to set out a consistent standard site design and building quality to ensure compatibility of business and industrial facilities within the area and ensure the longevity of the corridor. The Guidelines are general in nature and aim to encourage environmental compatibility, efficient and organized site layout and aesthetically pleasing, cost effective and environmentally sensitive building design and landscaping. Application Review The application has been reviewed for conformity with the Highway 2A Industrial Area Structure Plan Design Guidelines. It is recommended that conditions of any permit address the following: 4.5 It is desirable that outbuildings on industrial sites in the 2A corridor be of similar materials and character as the principal building on the site. Any exterior lighting of the building must be compliant with the Municipality s Dark Sky Bylaw. The use of energy efficient or solar powered fixtures and those equipped with timers, motion sensors or light sensors shall be encouraged. it is desirable that fencing at least on the front or street-side of the principal building, be attractive and incorporate pillars or articulation for visual interest. 5.7 All permanent utility lines should be installed underground. Transformers, mechanical equipment, telecommunications devices, equipment switching boxes and other utility cabinets should be located away from streets, pedestrian areas and 21

22 outdoor seating areas and be screened with landscaping or architectural elements. In addition they should be located such that they are not visible from the street, or screening must be provided in the form of fencing or landscaping in accordance with the MD s screening policy. LAND USE BYLAW: SECTION DIRECT CONTROL DISTRICT #2 (DC2) Standards of development shall be at the discretion of the Council PROCEDURE Notwithstanding the procedure established for development permit applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section shall be referred by the Development Officer to the Council for its approval or refusal Notwithstanding the procedure established for the issuance of development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section The Council may approve a development permit application with or without conditions, or may refuse an application for development permit There is no appeal to the Development Appeal Board from a decision of the Council on an application for a development permit in respect of the lands referred to in Section DISCRETIONARY USES (for example, but not limited to) Accessory Uses Extensive Agricultural Uses Agricultural Distribution and Storage Hazardous Industry Agricultural Processing Inside Storage Auto Wreckers Intensive Agricultural Uses Natural Resource Extractive Industry Public Works Dwelling detached single family - no more than 2 such dwellings are permitted on a lot that is 32.4 ha (80 acres) or more in size; - no more than 1 such dwelling is permitted on a lot that is less than 32.4 ha (80 acres) in size. Non-Labour Intensive Industry Scrap Metal Collection Centers CIRCULATIONS: Public Works There are utility right of ways on the north boundaries of lots 14 and 15. The property is connected with water and sewer. Alberta Health Services 1. AHS recommends best management practises be put in place to address any concerns that could originate from the operation of this power plant. AHS specifically recommends a complaint response procedure be developed to ensure any concerns from residents are addressed. This would include ensuring nearby residents are aware of who to call when concerns arise about the operation of the plant. 2. Should any chemicals be used in association with the operation of this power plant, AHS recommends preventative efforts be made to ensure no groundwater contamination occurs. 3. AHS recommends spill management and emergency response plans be put in place as necessary. 22

23 Alberta Transportation Fortis Alberta Inc. Town of High River TELUS Town of Okotoks Municipal Fire Services Safety Codes Officer As this proposal falls within the referral distance of Alberta Transportation, a Roadside Development Permit will be required from this office. We suggest delaying issuance of your permit until such time that a Roadside Development Permit has been issued by the department. Please note that the Roadside Development Application must identify the means of access from the highway to the proposed development as well as a detail drainage plan for the proposed work. No response is available at the time of submission of this report. The Town has no comments or concern to provide in response. No response is available at the time of submission of this report. No response is available at the time of submission of this report. - If there are shutdowns for power and gas to the container we would like to have them labelled so fire crews can isolate the containers in the event there is a fire inside. - Provide a copy of the emergency response plan to the Foothills Fire Department. This will also be shared with the High River Fire Department as this is currently their primary response area. - Are these containers going to have their own addresses or will they be using the address of the current property? The containers will require a building permit as they are over 107 sq. ft. in size and have the ability for people to occupy them. Information as to the standard that they were built (CSA or ULC) is required to be provided. The applicant will be required to identify how these buildings will be anchored to the ground, to comply with the Alberta Building Code. Safety Codes Permits will be required with respect to the connections to utilities. OPTIONS FOR CONSIDERATION: Following are three (3) possible options for Council s consideration: OPTION #1: APPROVAL Council may choose to grant approval for a Development Permit with the accompanying recommended conditions and/or with revised conditions of their choosing: PRE-RELEASE CONDITIONS: (Pre-release Conditions must be complied with before the Development Permit will be signed and released. Failure to complete these pre-release conditions on or before September 18, 2018 will see this approval be deemed null and void.) 1. Appropriate application to bring the existing sea-cans on the property into compliance with the Land Use Bylaw shall be submitted; 2. the applicant is required to submit a revised site plan that identifies: o Dimensioned location of the development in relation to all property lines and any existing building on the property. o Dimensioned parking stall(s) and the inclusion of concrete parking bumper(s). 23

24 o Appropriate surfacing of the parking area and provision of an internal laneway suitable for providing emergency access to the facility. o A defined snow storage area. 3. a fencing / screening and lighting plan shall be submitted for review and acceptance by the Development Authority; 4. a Roadside Development Permit for this development must be issued by Alberta Transportation. ADDITIONAL CONDITIONS 1. This approval is in addition to Development Permit 03D 205, and allows for development and use of the titled property, including locating two containers having an area of 1,034 sq. ft. for the operation of a 1 MW natural gas powered generation plant as a temporary use on the property. Addition to, or revisions to the uses approved herein may occur only upon obtaining appropriate municipal approvals. 2. the applicant shall implement and maintain the development in accordance with all conditions of approval and plans as submitted to, and acknowledged by the Development Authority to be appropriate. The temporary development authorized by this decision shall be completed, or otherwise have received approval from the Development Authority to continue the use, no later than 12 months from the date of issuance of the Development Permit. For the purposes of this Permit, completed means removal of all buildings and equipment related to the power generation plant. The municipality is not liable for any costs involved in the cessation of operations or removal of this temporary development at the time of expiration; 3. screening shall be implemented, as per the accepted plan, prior to any structure related to the power generation plant being located on the lot; 4. the buildings must be colored and suitably maintained to be similar in character to the principal building that is on site; 5. the development must meet the requirements of all applicable Federal and / or Provincial Acts, regulations and / or guidelines; 6. it is the applicant's responsibility to adhere to all requirements and recommendations of the Providers with respect to utility and service connections. Utility lines are to be installed underground. Any works involving municipal infrastructure shall be authorized by municipal Public Works and Engineering prior to the work proceeding; 7. all operations and business activities, including but not limited to, parking, loading, and unloading must at all times be contained within the boundaries of the titled parcel; 8. the development shall comply with the requirements of the Alberta Building, Plumbing, Electrical and Fire Codes at all times. Building and safety code permits will be required for the installation; 9. it is the applicants responsibility to contact Municipal Fire Services for inspection of the development, prior to occupancy. An emergency response plan is to be submitted for review and acceptance by that department, and on site address and emergency contact signage is to be installed; 10. the development must meet all requirements of Alberta Health Services and Alberta Environment, including but not limited to, the handling and disposal of materials inherent to the nature of operations; 24

25 11. drainage/grading of the lot shall at all times comply with the master drainage plan for the subdivision. Deviation from the municipally approved plans will require re-submission for review and acceptance, to the discretion of the Director of Public Works and Engineering; 12. any installation of exterior lighting applications accessory to these operations must adhere to the guidelines and technical specifications as outlined within the M.D. of Foothills Dark Sky Bylaw; 13. the business must maintain an annual Business License with the M.D. of Foothills; 14. issuance of a development permit by the municipality does not relieve the applicant of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any provincial of federal regulation or act which may affect use of the land and/or the storage of materials on the property; 15. the applicant shall be responsible for payment of any professional costs including legal fees that may be incurred by the M.D. with respect to the development approved under this permit. OPTION #2: POSTPONE A DECISION ON THE APPLICATION Council may choose to postpone making a decision on the application and request submission of any additional information and/or completion of any action(s) that would confirm suitability of the proposal, at their discretion. OPTION #3: REFUSAL Council may choose to refuse the application for a Development Permit if they are of the opinion that the application does not satisfactorily conform to those policies that guide use of this land, and/or that the development as proposed is contrary to section 617 of the Municipal Government Act of Alberta. ENCLOSURES: LOCATION MAPS SITE PLAN 25

26 LOCATION MAPS TOWN OF HIGH RIVER 26

27 SITE PLAN 27

28 MISC. PLANNING ITEM PLANNING AND DEVELOPMENT REPORT Further Consideration of Requested Items, as per Council s Motion in Bylaw 1/2018 April 18, 2018 LANDOWNER: Trudy Halverson LEGAL DESCRIPTION: Plan , Lot 2: Ptn. NE W4M EXISTING PARCEL: acres NUMBER OF PROPOSED NEW PARCELS: One 4.1+/- acre Country Residential District parcel (Previously requested 4.71+/- acres) AGENT: N/A DIVISION: #2 Delilah Miller EXISTING LAND USE: Natural Resource Extraction FILE MANAGER: Logan Cox PROPOSAL: This application is for a redesignation of the entire acre parcel from Natural Resource Extraction to Country Residential District and to allow for the future subdivision of one 4.1+/- acre parcel. BACKGROUND: January 17 th, 2018 Council gave first reading to Bylaw 1/2018 to allow for the redesignation of the subject parcel from Natural Resource Extraction to Country Residential District to allow for the future subdivision of one 4.71+/- acre lot. Prior to further consideration the applicant was required to submit: A revised site plan illustrating access to the proposed parcel and to the balance parcel from a 35m x 30m future road plan in the area of the existing approach to Highway 543 located to the NW of the subject lands; Written confirmation from the neighbouring landowners that they are supportive of allowing portions of their titles to be removed and registered as road plan to allow for access as proposed; Upon receipt of the revised site plan and confirmation that affected neighbouring landowners are willing to allow for the access to be developed and road plan to be registered, the Municipality will provide additional conditions to the applicant prior to further readings. 28

29 COUNCIL ACTION REQUIRED: Council is respectfully requested to set further conditions of first reading to Bylaw 1/2018 for Plan , Lot 2: Ptn. NE W4M. Please note the revised site plan has a smaller parcel proposed. The new proposal is for a 4.1+/- acre parcel as opposed to the original 4.71+/- acre parcel. STAFF RECOMMENDED CONDITIONS: Applicant to fully execute and comply with all requirements as outlined within a Development Agreement for the purposes of payment of the Community Sustainability fee and any other necessary municipal and on-site improvements as required by Council and the Public Works department; Proof of adequate water supply to be provided in accordance with the Provincial Water Act on the proposed 4.1+/- acre parcel and the proposed balance property. The existing well s associated infrastructure to the proposed balance parcel shall be properly and professionally removed to the satisfaction of the Municipality and Alberta Agriculture and Forestry; Submission of a High Water Table Testing to be provided for the proposed lot to the satisfaction of the Public Works & Engineering Department; Submission of a Septic Disposal Evaluation to be provided for the proposed lot to the satisfaction of the Public Works & Engineering Department; Completion of all requirements as set forth by Alberta Transportation, which includes a 30 meter wide service road caveat to be executed as a condition of the Subdivision Application; Final redesignation application fees to be submitted; Submission of an executed subdivision application and the necessary fees. ENCLOSURES: 1. Location Map 2. Ortho Photo 3. Original Site Plan 4. Updated Site Plan 5. Letter from Neighbouring Landowner 29

30 LOCATION MAP Town of High River Subject Parcel 30

31 31 LOT ORTHO

32 32 ORIGINAL SITE PLAN

33 33 REVISED SITE PLAN

34 LETTER FROM NEIGHBOURING LANDOWNER 34

35 SUBDIVISION APPROVING AUTHORITY ITEM PLANNING AND DEVELOPMENT REPORT Acknowledgement of Receipt of MGB Order No.020/18 April 18, 2018 SUBDIVISION APPROVING AUTHORITY ACTION REQUESTED: Review and Acknowledgement of Attached Municipal Government Board decision LANDOWNER: Jeffrey Langford LEGAL DESCRIPTION: Plan , Block 7; SW W4M EXISTING PARCEL: acres PROPOSED PARCEL: 1 x 5.06+/- acres AGENT: CivicWorks Planning + Design EXISTING LAND USE: CR Country Residential DIVISION: #7 Rob Siewert FILE MANAGER: Drew Granson PROPOSAL: This application is for Subdivision to allow for the creation of one additional parcel of 5.06+/- acres leaving a balance of /- acres. BACKGROUND: April 5 th, 2017 Council gave first reading to Bylaw 25/2017 authorizing the Site Specific Amendment of the Country Residential District land use rules to allow for an Industrial Equipment Storage and Sales Business to operate within the central portion of Plan , Block 7; Ptn. SW W4M. Council is of the opinions that the proposed development will not unduly interfere with neighbouring land uses or materially interfere with/or affect the use, enjoyment, or value of neighbouring properties. Council is not supportive of allowing the RV Storage or the proposed subdivision. Prior to further consideration of Bylaw 25/2017, the applicant shall complete the following: Applicant to fully execute and comply with all requirements as outlined within a Development Agreement for the purposes of any required municipal improvements and engineering to the satisfaction of MD Council and Public Works; Applicant to submit a revised site plan demonstrating relocation of the Industrial Equipment Storage and Sales area to be fully located within the area proposed for RV storage. The revised site plan must be submitted for Councils review and approval; The applicant is to provide comprehensive Traffic Volume Projections, to the satisfaction of the Town of High River; Final Redesignation fees to be submitted; Submission of an application for development permit and the necessary fees. As there is no avenue of appeal at the amendment stage, the landowner has made application for subdivision for opportunity to appeal the decision before the Municipal Government Board. July 5 th, 2017 The Subdivision Approving Authority moved that the subdivision of one new /- acre lot from Plan , Block 7; Ptn. SW W4M be refused. The application for Amendment of the Country Residential Land Use District rules, within Section of the Land Use Bylaw No. 60/2014, to allow for the future subdivision of one additional parcel was refused by Council on April 5th, 2017; Section 662(a) of the Municipal Government Act states, a subdivision authority may require the owner of a parcel of land that is the subject of 35

36 a proposed subdivision to provide part of that parcel of land for the purpose of roads, public utilities or both. The Subdivision Authority is of the opinion that the lands proposed for future road dedication are not sufficient to support future road alignment and infrastructure requirements in the area; In consideration of Section 11.1: 2013 Flood Hazard Protection Overlay, Purpose and Intent states: The general purpose of this section is to provide for the safe and efficient use of lands within the floodway and flood fringe of all the rivers, streams, creeks and waterways as they are defined under the Alberta Environment s Flood Hazard Identification Program, as well as the areas impacted by June 2013 flood event within the Municipal District of Foothills No. 31. The Intent of this section is to discourage new development on lands subject to flooding and achieve the long term goal of maintaining and decreasing the overall density of development on lands that may be subject to flooding. The Subdivision Authority did not find sufficient merit in the proposal to consider additional development within lands that may be subject to flooding, and are of the opinion that development should be discouraged within potentially hazardous lands; Regarding criteria within Policies 3 and 9 of the Residential Section of the MDP2010, the Subdivision Authority is of the opinion that the application does not adequately address the intent of the Residential policies with respect to the suitability of the land for residential uses, the cumulative effects of the development, and is of the opinion that the proposed lands are subject development restrictions due to hazardous lands and flooding. In consideration of concerns provided from the Town of High River, the Subdivision Authority supports the Town of High River s position that a comprehensive approach to the planning of this area is preferred to an ad-hoc approach, and recommends that this subdivision be deferred until an Area Structure Plan has been developed and accepted by both Councils. In addition, the Subdivision Authority is of the opinion that the proposed subdivision does not align with the policies within Section 5.7 (FAA) Future Annexation Areas: of the Town of High River and MD of Foothills Intermunicipal Development Plan. September 20 th, 2017 Appeal against Subdivision Refusal was heard by the Municipal Government Board (MGB). April 4 th, 2018 The MGB issued a decision with regards to the appeal against the subdivision approving authority s decision to refuse the proposed subdivision. The MGB allowed the appeal and overturned the Subdivision Approving Authority s decision for refusal. For review of the complete Municipal Government Board decision, please refer to Board Order MGB 020/18, attached below. SUBDIVISION APPROVING AUTHORITY ACTION REQUESTED: The subdivision Approving Authority is respectfully requested to acknowledge receipt of Municipal Government Board Order No. MGB 020/18. ENCLOSURES: Location Map Submitted Site Plan & Submitted Lot Ortho MGB Order No. 020/18 36

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38 SUBMITTED SITE PLAN SUBMITTED LOT ORTHO 38

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67 SUBDIVISION APPROVING AUTHORITY ITEM PLANNING AND DEVELOPMENT REPORT Subdivision Time Extension Request April 18 th, 2018 LANDOWNERS: Sincerus (Hawks Springs) GP Ltd. LEGAL DESCRIPTIONS: 1. NE W5M 2. NE W5M 3. SE W5M EXISTING PARCELS: acres acres acres NUMBER OF PROPOSED NEW PARCELS: 14 Cluster Residential Sub District A parcels 1 Municipal Reserve 1 Public Utility lot 1 Environmental Protection District parcel 1 Balance parcel AGENT: DIVISION: #5 Councillor Alan Alger EXISTING LAND USE: 1. A Agricultural District 2. A Agricultural District 3. A Agricultural District FILE MANAGER: Julie McLean BACKGROUND May 24 th, 2017 Council granted a subdivision approval to create Phase 1 of the Springs at DeWinton Development to allow for 14 Cluster Residential Sub A District parcels, 1 Municipal Reserve, 1 Public Utility Lot, 1 Environmental Protection District parcel and 1 balance parcel. The approval motion from Council can be summarized as follows: That the subdivision of Phase 1 of the Springs at DeWinton development, which includes 14 x 0.81+/- to 1.99+/- acre Cluster Residential A District parcels, 1 x /- acre Municipal Reserve parcel, and 1 x 14.3+/- acre Public Utility Lot parcel leaving an Environmental Protection District balance parcel of ac in NE W5 and a balance in SE W5, as contemplated in the Springs of DeWinton Outline Plan be approved subject to the following conditions: 1. Subdivision to be effected by Plan of Survey, pursuant to Section 657 of the Municipal Government Act, or such other means satisfactory to the Registrar of the South Alberta Land Titles District; 2. Compliance with all requirements as set forth by Alberta Culture and Tourism with respect to Historical Resources Act approval; 3. Execution of an Easement and Access Right-of-Way Agreement, with the M.D. of Foothills as a party to the agreement, to be registered by right-of-way plan concurrently with the plan of survey, to the satisfaction of the Municipality. The purpose of the 67

68 easement is to provide temporary access to the proposed stormwater management and water treatment facilities to be located on the /- acre balance in SE W5 until such time that the road network contemplated for the Springs at DeWinton development can facilitate legal physical access; 4. Applicant is to fully comply with all of the requirements as outlined within the Municipal Development Agreement executed November 10, 2016 to the satisfaction of the Municipality for the purposes of: o Payment of all fees as outlined in the Development Agreement; o Construction of the following municipal improvements: Internal & external road construction including intersectional treatments (if applicable); Wastewater/sanitary sewer system; Water supply and treatment facilities; Landscaping, grading and stormwater management facilities; Utility infrastructure construction. 5. Completion of all pre-release conditions as noted in the executed Municipal Development Agreement(s) to the satisfaction of the Municipality. These conditions include: o Payment of the external road improvement fee of $8, (Eight Thousand Dollars) per new cluster residential unit within the subdivision phase; o Submission of all necessary Engineered drawings, cost estimates and engineering review fees for all required municipal and external improvements (this includes internal roads, external roads, intersectional treatments if applicable, water and wastewater/sanitary infrastructure, stormwater infrastructure, grading, landscaping and utility infrastructure) for review and approval by the Municipality; o Submission of all necessary Letters of Credit, in accordance with the Municipal Development Agreement, for all required municipal and/or external improvements; o Submission of Liability Insurance requirements as noted in the Municipal Development Agreement; o The Developer shall submit proof of all Licenses and Approvals of Alberta Environment and Parks pertaining to potable water supply, sanitary services and stormwater facilities to the satisfaction of the Municipality; o All utility easements and right of way agreements, licenses and installation requirements to be provided to the satisfaction of the Municipality, applicable external agencies and utility companies. 6. Executed Municipal Development Agreement(s) to be complied with and registered on the title of the lands subject to the Development Agreement concurrently with the plan of survey; 7. Execution of Acquisition of Land Agreement(s) along the east boundary of the property in order to protect the right-of-way needed for future access requirements along Meridian Street, to the satisfaction of the Municipality; 8. Stormwater Management Plan to be provided for the subject lands to the satisfaction of the Municipality which shall include how the recommendations from Section 7.0 of the Westhoff Engineering Resources Inc. Flood Hazard Identification Study (dated February 2014) will be addressed; 9. Compliance with all requirements as outlined by Alberta Environment & Sustainable Resource Development; 68

69 10. Submission of finalized Architectural Design Guidelines to the satisfaction of the Municipality; 11. Submission of revised Environmental Stewardship Plan that addresses the management and maintenance of stormwater facilities to be located on the Environmental Protection District parcel to the satisfaction of the Municipality; 12. Submission of finalized Utilities Ownership and Management Plan to the satisfaction of the Municipality and Alberta Environment; 13. Submission of Erosion and Sediment Control Plan for subject phase to the satisfaction of the Municipality; 14. Submission of Environmental Construction Operation Plan to the satisfaction of the Municipality Landowners are to pay all arrears of taxes on the existing parcel prior to finalization of the subdivision; 15. It is the applicant s responsibility to provide a Real Property Report or an as built drawing signed and sealed by an Alberta Land Surveyor, certifying the location of the adjacent municipal road(s) and that the site plan is surveyed according to municipal setback requirements; 16. Submission of final subdivision fees. COMPLETED CONDITIONS The applicants have completed condition #2: PROPOSAL Compliance with all requirements as set forth by Alberta Culture and Tourism with respect to Historical Resources Act approval; The applicants are requesting that Council provide a time extension on the subdivision approval in order to allow the landowner until May 24 th, 2019 to complete the required approval conditions as listed above. See attached letter from applicants. The time extension fee has been submitted. COUNCIL ACTION REQUESTED Council is respectfully requested to provide a decision on the time extension as requested by the applicants. Letter attached. ENCLOSURES Location Map Site Plan Phase One Tentative Plan of Subdivision - Phase One Letter from Applicant 69

70 LOCATION MAP Heritage Pointe SUBJECT PARCEL 70

71 SITE PLAN PHASE ONE PHASE 1 FUTURE PHASES 71