Minutes of a Regular Meeting of County Council RED DEER COUNTY. Tuesday, January 20, 2009

Transcription

1 Minutes of a Regular Meeting of County Council RED DEER COUNTY Tuesday, January 20, CALL TO ORDER The regular meeting of Red Deer County Council was held in the Council Chambers of the Red Deer County Centre located at Rge Rd 275, Red Deer County, Alberta, and was called to order by Mayor E.R. Kinsella at 9:40 a.m. PRESENT: Mayor E.R. Kinsella, Deputy Mayor D.G. Hoar, Councillors P.T. Archibald, G.W. Gehrke, T.J. Lougheed, R. Poth and J.J. Wood. STAFF PRESENT: County Manager C. Herzberg, Assistant County Manager R. Henderson, Corporate Services Director T. Allen, Planning and Development Services Director C. Cvik, Development Manager D. Bonnett, Corporate Communications Manager D. Brinkworth, Municipal Intern A. Allison and Legislative Services Manager N. Lougheed. 2.0 APPROVAL OF AGENDA Planning/Development administration in attendance for development applications: F. Joynt, P. Lyon, C. Tinney and E. White. 2.1 Additional Agenda Items Administration 6.3 Designation of Former MR Property CC Moved by Councillor J.J. Wood to approve the agenda and additional agenda item as submitted. 3.0 APPROVAL OF MINUTES CC Moved by Councillor R. Poth to approve the minutes of the January 6, 2009, regular meeting of County Council as submitted. 6.0 REPORTS 6.1 Appointment of Development Officer recommendation to appoint new County Director of Planning and Development Services as Development Officer. CC Moved by Councillor R. Poth to appoint Cynthia Cvik to the position of Development Officer for Red Deer County effective January 20, Lease of Municipal Reserve (MR) / Fort Normandeau Community Services Manager J. Symington reported on the recommendation to give first reading to a bylaw to allow for the lease of a portion of an MR property to provide a parking lot adjacent to the Fort Normandeau Historic Site.

2 County Council Minutes of January 20, Bylaw No. 2009/3 a bylaw to authorize the lease of a portion of Lot R, Plan 1006 NY, NE to the City of Red Deer for the purpose of constructing a parking lot to access the Fort Normandeau Historic site. CC Moved by Councillor J.J. Wood that Bylaw No. 2009/3 be given first reading. 6.3 Designation of Former MR Property recommendation to designate a legal land location (lot number) for a former municipal reserve property (Hwy 2A widening). Bylaw No. 2009/4 a bylaw to designate former Lot 1MR, Block 1, Plan , within SW as Lot 2, Block 1, Plan , within SW CC CC CC CC Moved by Councillor P.T. Archibald that Bylaw No. 2009/4 be given first reading. Moved by Councillor T.J. Lougheed that Bylaw No. 2009/4 be given second reading. Moved by Councillor G.W. Gehrke that Bylaw No. 2009/4 be given third reading at this time. Moved by Councillor J.J. Wood that Bylaw No. 2009/4 be given third and final reading. 8.0 SUBDIVISION APPLICATIONS 8.1 NW (Division 4) consideration of an amendment to a Condition of a previous subdivision application approval to subdivide 1.21 hectares (2.99 acres). CC Moved by Councillor R. Poth that Condition No. 6 of Council Resolution No. CC , adopted December 18, 2007, be amended to read as follows: The dedication by way of a land acquisition agreement registered as a caveat on the land title of 5.2 metres along the west boundary of the quarter section for possible future road widening purposes in favour of and to the satisfaction of Red Deer County. 8.2 SE (Division 3) application to subdivide hectares (0.23 acres) to be consolidated with adjacent Lot 1, Block 1, Plan , SE to include the driveway within Lot 1 s boundaries. CC Moved by Councillor P.T. Archibald that, in considering this application, it is deemed that the subdivision as proposed complies with the Municipal Government Act, the Municipal Development Plan and the Land Use Bylaw, that it is suitable for the intended purposes and that it should not negatively impact adjacent land uses. Consideration has been given to topography, soil characteristics, access, the use of adjacent lands, and the availability and adequacy of water supply, sewage disposal, solid waste disposal and storm water management. Therefore, the application to subdivide hectares (0.23 acres) from SE to be consolidated with adjacent Lot 1, Block 1, Plan , SE , is approved subject to the following conditions: 1. Subdivision and consolidation to be effected by Plan of Survey or Descriptive Plan;

3 County Council Minutes of January 20, Submission of a Real Property Report from an Alberta Land Surveyor is required. Upon receipt of a Real Property Report from an Alberta Land Surveyor, any existing buildings shall be deemed to be in compliance with the current land use bylaw requirements; the existing well shall be fully contained within the newly created property lines; 3. Payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; 4. The applicant shall ensure adequate access to the new parcel and to the balance of lands to the satisfaction of the County; 5. Confirmation shall be provided from a licensed Safety Codes Officer that the existing septic system conforms to the Plumbing & Drainage Regulation, which includes that it is fully contained within the newly created property lines, to the satisfaction of the County; and 6. The dedication by way of a land acquisition agreement registered as a caveat on the land title of 5.2 metres along the south boundary of the parcel affected by the boundary adjustment and along the east boundary of the quarter section for possible future road widening purposes in favour of and to the satisfaction of Red Deer County (fees required). 8.3 NE (Division 3) application to subdivide 1.21 hectares (3 acres) to create an agricultural/residential parcel. CC Moved by Councillor P.T. Archibald that, in considering this application, it is deemed that the subdivision as proposed complies with the Municipal Government Act, the Municipal Development Plan and the Land Use Bylaw, that it is suitable for the intended purposes and that it should 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 1.21 hectares (3 acres) from NE , is approved subject to the following conditions: 1. Subdivision to be effected by Plan of Survey or Descriptive Plan; 2. Submission of a Real Property Report from an Alberta Land Surveyor is required. Upon receipt of a Real Property Report from an Alberta Land Surveyor, any existing buildings shall be deemed to be in compliance with the current land use bylaw requirements; the existing well shall be fully contained within the newly created property lines; 3. Payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; 4. The developer is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements; 5. The applicant shall ensure adequate access to the new parcel and to the balance of lands to the satisfaction of the County; 6. Confirmation shall be provided from a licensed Safety Codes Officer that the existing septic system conforms to the Plumbing & Drainage Regulation, which includes that it is fully contained within the newly created property lines, to the satisfaction of the County; and 7. The dedication by way of a land acquisition agreement registered as a caveat on the land title of 5.2 metres along the north and east boundaries of the quarter section for possible future road widening

4 County Council Minutes of January 20, purposes in favour of and to the satisfaction of Red Deer County (fees required). 8.4 SE (Division 5) application to subdivide 16.9 hectares (41.79 acres) to create an agricultural/residential parcel. CC Moved by Councillor T.J. Lougheed that, in considering this application, it is deemed that the subdivision as proposed complies with the Municipal Government Act, the Municipal Development Plan and the Land Use Bylaw, that it is suitable for the intended purposes and that it should 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 16.9 hectares (41.79 acres) from SE , is approved subject to the following conditions: 1. Subdivision to be effected by Plan of Survey or Descriptive Plan; 2. Submission of a Real Property Report from an Alberta Land Surveyor is required. Upon receipt of a Real Property Report from an Alberta Land Surveyor, any existing buildings shall be deemed to be in compliance with the current land use bylaw requirements; the existing well shall be fully contained within the newly created property lines; 3. Payment of all outstanding property taxes or satisfactory arrangements to be made for payment to Red Deer County; 4. The developer is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements; 5. The applicant shall ensure adequate access to the new parcel and to the balance of lands to the satisfaction of the County; 6. Confirmation shall be provided from a licensed Safety Codes Officer that the existing septic system conforms to the Plumbing & Drainage Regulation, which includes that it is fully contained within the newly created property lines, to the satisfaction of the County; 7. The dedication by way of a land acquisition agreement registered as a caveat on the land title of 5.2 metres along the south and east boundaries of the quarter section for possible future road widening purposes in favour of and to the satisfaction of Red Deer County (fees required); and 8. The application and payment of all associate fees for civic addressing of new lots to the satisfaction of Red Deer County. 8.5 NW (Division 5) application to adopt an Outline Plan for this parcel to allow for the development of three agricultural district lots. CC Moved by Councillor G.W. Gehrke that the application to adopt the Area Outline Plan for Pt NW to facilitate the creation of three small holding agricultural lots be denied, as the Medicine River Valley Concept Plan indicates that only First Parcel Out subdivisions should be considered for existing agricultural areas, the Reeve s Task Force does not support a third parcel out in areas unsuitable for multi-lot development and, until an Area Structure Plan is completed for the Markerville Growth Node area, the suitability of the parcel for multi-lot development cannot be determined. CARRIED

5 County Council Minutes of January 20, Mayor Kinsella, Councillors Gehrke, Hoar, Lougheed and Poth in favor Councillors Archibald and Wood opposed 8.6 NW (Division 5) application to subdivide hectares (48.76 acres) to create three agricultural/residential lots. CC Moved by Councillor D.G. Hoar that the application to subdivide hectares (48.76 acres) from NW to facilitate the creation of three agricultural lots be denied, as the Medicine River Valley Concept Plan indicates that only First Parcel Out subdivisions should be considered for existing agricultural areas, the Reeve s Task Force does not support a third parcel out in areas unsuitable for multi-lot development and, until an Area Structure Plan is completed for the Markerville Growth Node area, the suitability of the parcel for multi-lot development cannot be determined. CARRIED Mayor Kinsella, Councillors Gehrke, Hoar, Lougheed and Poth in favor Councillors Archibald and Wood opposed 9.0 BYLAW/DEVELOPMENT APPLICAT IONS & REPORTS 9.1 SW (Division 6) application to give first reading to a bylaw to adopt the Cygnet Estates Area Structure Plan to facilitate the creation of a multi-lot residential subdivision. Bylaw No. 2009/5 a bylaw to adopt the Cygnet Estates Local Area Structure Plan for Pt SW to facilitate the creation of a 51-lot residential subdivision. CC Moved by Councillor P.T. Archibald that Bylaw No. 2009/5 be given first reading with no further referral of the application to Council pending completion of the Intermunicipal Development Plan (IDP) between the Town of Sylvan Lake and Red Deer County to ensure the proposed Area Structure Plan is in compliance with applicable plans and policies COMMITTEE REPORTS Councillors reported on meetings they have attended on behalf of Red Deer County since January 7, Recess: 10:50 a.m. Reconvene: County Council meeting called back to order at 1:30 p.m. 7.0 PUBLIC HEARINGS A summary of the comments received by the persons in attendance at the public hearing is attached and is considered to be part of these minutes. The public hearing closed at 2:30 p.m. 7.1(a) Bylaw No. 2008/21 a bylaw to adopt The Ridge Area Structure Plan for Pt NE (East of Road, acres) and Pt SE (East of Road, 7.62 acres) to facilitate the creation of a multi-lot residential subdivision. CC Moved by Councillor P.T. Archibald that Bylaw No. 2008/21 be given second reading. MOTION DEFEATED Councillors Archibald and Lougheed in favor

6 County Council Minutes of January 20, Mayor Kinsella, Councillors Gehrke, Hoar, Poth and Wood opposed 7.1(b) Bylaw No. 2008/2.15 a bylaw to redesignate Pt NE , East of Road (10.79 hectares / acres) from Agricultural District Ag to Residential Conservation District R-2. CC Moved by Councillor P.T. Archibald that Bylaw No. 2008/2.15 be given second reading. MOTION DEFEATED Councillors Archibald and Lougheed in favor Mayor Kinsella, Councillors Gehrke, Hoar, Poth and Wood opposed 13.0 ADJOURNMENT CC Moved by Councillor G.W. Gehrke that the County Council meeting adjourn. TIME: 2:46 p.m. MAYOR COUNTY MANAGER

7 County Council Minutes of January 20, PUBLIC HEARING COMMENTS Bylaw No. 2008/21 a bylaw to adopt The Ridge Area Structure Plan for Pt NE (East of Road, acres) and Pt SE (East of Road, 7.62 acres) to facilitate the creation of a multi-lot residential subdivision. Bylaw No. 2008/2.15 a bylaw to redesignate Pt NE , East of Road (10.79 hectares / acres) from Agricultural District Ag to Residential Conservation District R-2. Cameron Oak, Adjacent Property Owner stated his objection to the proposed multi-lot residential subdivision, noting concerns that conflicts arise when mixing country residential and agricultural uses. Colin Plamondon, Adjacent Property Owner chose this property due to its rural nature. He voiced concerns of noise pollution and light pollution that will be created by the proposed subdivision, noting that it will have an impact on their property and lifestyle. His family is opposed to the proposed development as it may create a division among the current property owners. Shirley Skagen-Daniels, Adjacent Property Owner stated that the community is already eco-green. She noted a safety concern with the access road construction as well as a concern regarding the stability of the hill and whether it could sustain development or not. She noted her opposition to the proposed residential development. Brent Purdie, Adjacent Property Owner read a letter from Rob and Linda Purdie, who are opposed to the proposed development noting concerns with mixing agricultural and residential uses. Copy of letter submitted to the County. Brent Purdie read a written submission, which was submitted to the County. Mr. Purdie is opposed to the proposed development due to the impact it will have on agricultural uses in the area. Mark Smith, Adjacent Property Owner noted his support of the development and subdivision of this property, as he does not believe the development will have a negative impact on his lifestyle. Sigmond Brouwer and Mark Hammon, Applicant & Consultant presented a power point presentation that provided information regarding the proposed development. Candace Nielsen owns property that is adjacent to Hwy 42 and Rge Rd 270. She noted a concern that approval of this proposal may set a precedent for other areas of the County. Her farm is adjacent to a multi-lot residential development, and she advised that the residences have had a large impact on their farming operation.