MINUTES OF THE MUNICPAL PLANNING COMMISSION MEETING OF BRAZEAU COUNTY, HELD

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1 IN ATTENDANCE Anthony Heinrich, Councillor ALBERTA ON TUESDAY, JUNE 28, Member, to approve the Agenda as amended. AGENDA Moved by A. Heinrich, Municipal Planning Commission ADOPTION OF THE application 16D-023. THE AGENDA Public Works has requested a more detailed condition 9 for ADDITIONS TO called the meeting to order at 9:00 am. CALL TO ORDER M. Thompson, Municipal Planning Commission Chairperson, Cliff Whitlock Denis Girard Janessa Claypool Jenn Carter Cody Claypool PUBLIC ATTENDANCE Joe Ross ABSENT Jason Kennedy, Member-at-Large Berni Kuntz, Development Officer Maryann Thompson, Councillor Martino Verhaeghe, Director of Planning & Development Marc Gressler, Counclllor Donna Wiltse, Member-at-Large Benjamin Misener, Planning & Development Coordinator Melody Reimer, Recording Secretary IN THE COUNTY ADMINISTRATION BUILDING, COUNCIL CHAMBERS, IN DRAYTON VALLEy, MINUTES OF THE MUNICPAL PLANNING COMMISSION MEETING OF BRAZEAU COUNTY, HELD

2 ADOPTION OF THE MINUTES Moved by M. Gressler, Municipal Planning Commission Member, to approve Uie Minutes ol the june 9, 2016 Municipal Planning Commission Meeting. DEVELOPMENT PERMIT APPLICATIONS PROPOSAL: Single Detached Dwelling m2 (1719 ft) with Attached Garage 62.8 m1 (676 IV) and Covered Deck 18 m(i93.75 tt2) LEGAL DESC.: Pt. NW WSM APPLICANT: Cody Claypool OWNER: Darwayne Claypool FILE: 16D-023 B. Kuntz, Development Officer, presented the above proposing a Single Detached Dwelling m2 (1719 ft?) with Attached Garage 62.8 m2 (676 ft2) and Covered Deck 18 m2 ( ft2) on Pt. NW W5M be refused as: 1. The proposed development location does not meet Hazard Lands setback requirements as per Section 4.9 of the Land Use Bylaw for reasons including: a. dose proximity to the flood plain of the Pembina River and the unnamed creek on their property, which at this time is undetermined as there is no flood plain study, b. the setbacks from top of bank on three sides of the property do not meet the setbacks from hazard lands of 30.0 m to a slope greater than 20%, as the slopes range from 17.5% to 45%, and c. slope stability due to the applicant/landowner starting site grading prior to obtaining a development permit, and there is no ability to determine the natural slope/grade of the land; 2. Physical access to the site does not meet Brazeau County Minimum Design Standards including back sloping, the removal of an existing texas gate, fencing, road widening, physical access, and the existing approach; and

3 the site plan. Members also requested clarity on the road access Infrastructure representative. issue and discussed different options with Public Works and Members asked administration to clarify the slopes as shown on satisfied. Municipal Planning Commission Meeting June 28, 2016 Members discussed the change in slopes with the applicants. Applicants went through the pictures with the members. homestead site. Base Line as to the elevation of the build site as compared to the Members discussed with the applicants the survey completed by Moved by A. Heinrich to accept the container of soil as exhibit two. The applicant completed their presentation. down to reduce the slope. Members discussed with the applicant how the hill was brought as exhibit one Moved by D. Wiltse to accept pictures from the applicant The applicants made a presentation to the members. on the site plan. Members discussed with Administration the slope measurements for this area. Members and administration discussed the need to know the soil type and analysis, along with the fact there is no flood plain data representative the texas gate on the road allowance. Members discussed with the Public Works and Infrastructure Called for 5 minute break at 9:25 am, Called back to order at 9:29 a.m. proposed development from a County roadway are not 1. The requirements of policy PW-21 regarding access to a

4 A member of the public offered pictures that show the level of water in the area during the flood in 1986 and mentioned that the land where the build is to take place did not flood. Members and the applicants discussed which conditions they have issues with and they are condition s 1, 2, 3, 5, 9 a) & 9 d). Members discussed with administration the difference between qualitative and quantitative geotechnical reports Moved by M. Gressler, Municipal Planning Commission Member, to approve development permit with the revisions to the conditions in appendix A. Revising conditions 1,2,3 by changing Geotechnical Report to a Geotechnical Engineers Report, Condition 5 be removed and to remove 9 a) and 9d). 1. The applicant/owner shall submit a copy of a completed Geotechnical Engineers Report supporting the development of the proposed Single Detached Dwelling m2 (1719 ft2) with Attached Garage 62.8 m2 (676 ft2) and Covered Deck 18 m ( It2) as located in Schedule A attached hereto, to Brazeau County by September 28, 2016, and prior to commencing development. If this requirement has not been fulfilled by September 28, 2016, the Development Officer may suspend or cancel the development permit for the proposed Single Detached Dwelling m2 (1719 ft2) with Attached Garage 62.8 m2 (676 ft2) and Covered Deck 18 m2 ( ft2) pursuant to the provisions of the Brazeau County Land Use Bylaw The completed Geotechnical Engineers Report supporting the development of the proposed Single Detached Dwelling m2 (1719 ft2) with Attached Garage 62.8 m2 (676 ft1) and Covered Deck 18 m1 ( ft2) as located in Schedule A attached hereto, shall be registered on title by Restrictive Covenant within thirty (30) days of submission to Brazeau County. The applicant/owner shall pay to Brazeau County all fees associated with registering the Geotechnical Report on title. 3. The applicant/owner shall adhere to all recommendations of the Geotechnical Engineers Report prepared by a profession engineer and registered on the title of the subject lands.

5 of the Historical Resources Act Approval issued on June 6, The applicant/owner is required to adhere to all requirements soil until the vegetation takes hold. fabric or an appropriate mulch mix will be employed to retain Municipal Planning Commission Meeting June 28, 2016 covered deck 18 m1 ( fr) only and no other development. Approval is granted based on the information provided by the m1 (1719 ft ) with attached garage 62.8 mz (676 ft2) and applicant/owner for the proposed single detached dwelling AND WHEREAS; County Schedule of Fees. the title of the subject lands, Brazeau County shall prepare the Development Agreement and Caveat as per the current Brazeau The Development Agreement shall be registered by caveat on d. Construction of the approach. way; and c. Installation of fencing on both sides of the right of way upgraded to residential standard; b. Portion of road located within Brazeau County right of a. Removal of Texas Gate and fencing; agreement includes, but is not limited to: Development Agreement with Brazeau County at the discretion -applicant/owner agrees to enter into and fully comply with a 8. Pursuant to Section 650 of the Municipal Government Act, the of the Director of Public Works & Infrastructure. This applicant/owner shall be required develop the road as per Agreement for the use of the lease road is no longer valid, the road from Range Road 95. II, at any time, the Road Use Condition 14. with Penn West Petroleum Ltd. for the use of the existing lease 7. The applicant/owner shall enter into a Road Use Agreement and submit it to the County office, address. Please complete the Rural Address Application Form 6. The applicant/owner shall ensure the lands have a rural and re-vegetated by September 28, An erosion control 4. The applicant/owner shall ensures ciii disturbed ground is seeded

6 accordingly. The applicant/owner shall contain drainage within the lot and Run off shall be directed to ii County right of way or drainage LEGAL DESC.: NE W5M APPLICANT: Remedx Remediation Services Inc. OWNER: Grubermann s Dairy Farm Ltd. FILE: 16D-064 not allow run oil water to drain onto neighbouring properties. Called back to order at 11:05 am. Called for as minute break at 10:59 am. permitted unless approved by Brazeau County. obtained from Srazeau County. garage 62.8 m1 (676 ft2) and covered deck 18 m ( ft1) located within or over a Right of Way or Easement. drainage and/or slope without approval from Brazeau County. debris are contained on the site and debris is disposed of course approved for this purpose and shall not cause Ilooding of nearby ditches in excess of their c:apabilities. applicant/owner and identified as Schedule A attached hereto. garage 62.8 rn (676 fi) and covered deck 18 m1 ( ft2) The single detached dwelling m2 (1719 It2) with attached shiil I be located as shown on the site pl;i n provided by the The applicant/owner shall ensure all construction materials and The applicant/owner shall not alter or otherwise impact The applicant/owner shall ensure the development is not The single detached dwelling m2 (1719 ft2) with attached shall not form part of or be used in conjunction with a business or home occupation unless the appropriate permit has been No further development, expansions, or change in use is PROPOSAL: Operation of a Waste Management Facility, Major (Class II Non-Hazardous Oilfield Solid Waste Landfill) Business

7 facility, major (class II non-hazardous oilfield solid waste landfill) The applicant is in agreement with the conditions. business within NE W5M be approved subject to the conditions in Appendix A. that their approval has been given. Corp., Plains Midstream Canada, and Sinopec Canada Energy Ltd. area where a Bonterra Energy Corp., Pembina Pipeline Corp., Plains and is required to obtain approval from Bonterra Energy Corp., Pembina Pipeline Corp., Plains Midstream Canada, and Sinopec Canada Energy Ltd. to undertake any ground disturbance within the pipeline right-of-way. The applicant/owner shall have the pipeline Sinopec Canada Energy Ltd. representative onsite during excavation Pipeline Corp., Plains Midstream Canada, and Sinopec Canada County of proof from Bonterra Energy Corp., Pembina Pipeline for the development. The applicant/owner shall provide Brazeau Energy Ltd. prior to undertaking any ground disturbance within an Energy Corp., Pembina Pipeline Corp., Plains Midstream Canada, and Midstream Canada, and Sinopec Canada Energy Ltd. pipeline exists, located and staked prior to excavation and shall have a Bonterra 4. The applicant/owner shall notify Bonterra Energy Corp., Pembina Midstream Canada, and Sinopec Canada Energy Ltd. pipeline Rights crossing the Bonterra Energy Corp., Pembina Pipeline Corp., Plains provided to Brazeau County. of Way on the lands. A copy of the executed agreements shall be 3. The applicant/owner shall enter into a Crossing Agreement for Right of Way or Easement. written consent of the Right of Way or Easement holder has been obtained allowing for construction of the development over the within or over a Right of Way or Easement unless the express 2. The applicant/owner shall ensure the development is not located (30%) percent to thirty two (32%) percent. 1. A variance is granted to the maximum site coverage from thirty Appendix A as follows: Member, that file 16D-064 be approved with the conditions in Moved by D. Wiltse, Municipal Planning Commission the above application the operation of a waste management B. Misener, Planning and Development Coordinator, presented

8 5. The applicant/owner shall ensure that the operation of a waste management facility, major (class II non-hazardous oilfield solid waste landfill) meets the setback requirement of AER Directive 079, (or abandoned wells. The applicant/owner should contact the Alberta Energy Regulator for more information The applicant/owner shall not prevent, disrupt or redirect the flow of surface water on lot without approval from the County and/or Alberta Environment and Parks and shown within a stormwater management plan prepared by an Engineer. The applicant/owner shall contain additional surface drainage created by a development within the lot. Run off shall not be redirected to a County right-ofway or natural drainage course without approval from the County and/or Alberta Environment and Parks. Any changes required to be made to the lot shall be carried out by the applicant/owner at his/her own expense. 7. The applicant/owner shall ensure the lands have a rural address. Please (omplete Ihe Rural Address Application Form and submit it to the County office. 8. The applicant/owner shall enter into a Road Use Agreement (including conditions for multi load permits) with Orazeau County for use of municipal roads. This agreement will include, but shall not be limited to, regular road maintenance requirements and the provision of effective dust control along the haul route, and signage. Effective dust control will be deemed to be the proper application of dust control product satisfactory to Krazeau County, to be applied as required by Brazeau County, at the sole cost of the applicant/owner. The development cannot commence until a Road Use Agreement has been entered into with Public Works & Infrastructure. 9. The applicant/owner shall obtain all necessary permits and approvals as may be required by the province for the operation and remediation of the waste management facility, major jqr to development commencing. A copy of the permits and/or inspections shall be provided to the Brazeau County at the County s request. 10. The applicant/owner shall submit as-built drawings of drainage and stormwater facilities to Public Works & Infrastructure, and arrange for a site inspection, upon substantial completion of the project. 11. The applicant/owner shall execute an access easement agreement granting access through the lands legally described as NW WSM (Linc # ) to provide access to the development area on subject lands NE W5M (Linc ). The executed access easement shall be registered as an easement of the title of both properties by August 1,2016.

9 AND WHEREAS: a buffer to adjacent properties. submission required under the Historical Resources Act. north and south parcel boundaries of the development site to act as 13. The applicant/owner shall maintain the existing tree stands on the Tourism as a result of the Historical Resources Application within or over a Right of Way or Easement. The applicant/owner shall ensure the development is not located and/or slope without approval from Brazeau County. The applicant/owner shall not alter or otherwise impact drainage ditches in excess of their capabilities. approved for this purpose and shall not cause flooding of nearby shall be directed to a County right of way or drainage course allow run off water to drain onto neighbouring properties. Run off The applicant/owner shall contain drainage within the lot and not regulations (Weed Control Act). on the lands in accordance with the applicable provincial The applicant/owner shall be responsible for the control of weeds and maintained year round in a neat and orderly manner to the limited to: grass cutting; plant and shrub maintenance; the of public walkways and parking lots. satisfaction of the Development Officer. This includes, but is not conservation of trees, shrubs and natural vegetation; maintenance The applicant/owner shall ensure the entire property is landscaped applicant/owner April 12, 2016 (and as amended). accordance with the business information submitted by the The proposed waste management facility, major (class II nonhazardous oilfield solid waste landfill) shall be operated in and identified as Schedule A attached hereto. located as shown on the site plan provided by the applicant/owner (class II non-hazardous oilfield solid waste landfill) business shall be The proposed operation of the waste management lacility, major waste landfill) business only and no other development. applicant/owner for the proposed operation of a waste management facility, major (class II non-hazardous oilfield solid Approval is granted based on the information provided by the approval and adhere to any requirements of Alberta Culture and 12. [he applicant/owner is required to apply for Historical Resource Act

10 If at any time, a fly of the req iii re ments for the ape ration of the waste management facility, major (class II non-hazardous oiliield sal id waste Ia ndfi II) business have not, in the opinion of the Development Officer, been complied with, the Development Officer may suspend or cancel this development permt, pursuant to the provisions of the Act. No further development, expansions, or chan-;e in use is permitted unless approved by Brazeau County. PROPOSAL: Existing Home Occupation, Major (Valve Repair Business) LEGAL DESC.: NE W5M APPLICANT: Dar-Kai Valve Maintenance Ltd. OWNER: Jason & Lacy Kennedy FILE: 1GD-065 B. Kuntz, Development Officer, presented the above application proposing an Existing Home Occupation, Major (Valve Repair Business) within NE W5M be approved subject to the conditions in Appendix A. Members discussed the conditions with Administration. The applicant has no issues with the permit conditions Moved by M. Gressler, Municipal Planning Commission Member, that file 16D-065 be approved with the conditions in Appendix A as follows: 1. This permit is issued for a period of five (5) years. This permit may only be renewed or extended upon the applicant/owner applying for and obtaining a new development permit pursuant to the terms of the Land Use Bylaw in effect at such time. 2. The Existing Home Occupation, Major (Valve Repair Business) shall be operated in accordance with the information submitted by the applicant/owner on May 12, In addition to the resident and the resident s family who permanently reside in the residential buildings on the subject parcel, there shall not be more than four (4) employees.

11 Authority, Ihe appropriate approval has been obtained by the Development (Valve Repair Business) shall not be cleaned/washed on-site unless 5. The vehicles associated with the Existing Home Occupation, Major x 40 ). Municipal Planning Commission Meeting June 28, 2016 congestion, or excessive on-street or off-street parking, etc. lighting, ate calling of clients of an unreasonable number, traffic offend neighbouring or adjacent residents by way of excessive At all times the privacy of the adjacent residential dwellings shall be preserved and the Home Based Business use shall not unduly offensive or excessive by the Development Authority; matter and storage of hazard or combustible materials considered steam, odour, dust, fumes, exhaust, vibration, heat, glare, refuse The home based business use shall not generate noise, smoke, character of land or buildings shall be permitted. No variation from the external appearance and residential attached hereto. provided by the applicant/owner and identified as Schedule A be located and limited to the area as shown on the site plan The Existing Home Occupation, Major (Valve Repair Business) shall Major (Valve Repair Business)) only and no other development. applicant/owner for the proposed (Existing Home Occupation, Approval is granted based on the information provided by the AND WHEREAS: permit for the Existing Home Occupation, Major (Valve Repair of the Development Authority, been complied with, the Business), pursuant to the provisions ol the Act. Occupation, Major (Valve Repair Business) have not in the opinion Development Officer may suspend or cancel the development 7. II at any time, any of the requirements for the Existing Home Township Road 502A to serve as a buffer. 6. The applicant/owner shall maintain the existing willows along maintenance i,d rebuilds shall occur within the existing shop (60 4. All valves and associated parts shall be stored indoors and i11 valve

12 approved for this purpose and shall not cause flooding of nearby ditches in excess of their capabilities. Containers and Above Ground Storage Tanks, and also the Environmental Protection and Enhancement Act Release Reporting regulations. permitted. substances shall be in accordance with provincial regulations and weeds on the lands in accordance with the applicable provincial shall be directed to a County right of way or drainage course One parking space per employee in attendance shall be provided. On-street parking of employee or commercial vehicles is not The applicant/owner shall contain drainage within the lot and not Any storage and disposal of oils, fluids or other hazardous The applicant/owner shall not alter or otherwise impact drainage The applicant/owner shall be responsible for the control of any and/or slope without approval from Brazeau County. requirements set out by Alberta Environment and Parks for minimum parking space of 3 m (10 ft.) in width and 6 m (20 ft.) in length. Parking spaces for persons with physical disabilities must maximum of 4. (B ylaw ) Section 4.3 of the Brazeau County Land Use Bylaw : be provided as per Provincial requirements. The parking of any commercial vehicles shall not exceed a Parking shall be provided in accordance with the provisions of allow run off water to drain onto neighbouring properties, Run off Guideline. Municipol Planning Commission Meeting June 28, 2016 satisfaction of the Development Officer. unless approved by Brazeau County. The site shall be maintained in a neat and orderly manner to the The applicant/owner shall ensure the development is not located within or over a Right of Way or Easement. No further development, expansions, or change in use is permitted

13 acres) one (1) Pu blic Utility Lot [or sto rmwater APPLICANT/OWNER: Don Hussey, Urban Revision Consulting LEGAL DESC.: NE WSM management with a ± 57.2 ha (± ac) remainder shall be as per the approved Tentative Plan. Alberta Land Titles Office. The size of the subdivided parcel(s) paper format), a plan of survey suitable for registration with the applicant/owner shall submit to Brazeau County (in digital and 1. Pursuant to Section 657 of the Municipal Government Act, the G as follows: Member, to approve file with the conditions in Appendix Moved by A. Heinrich, Municipal Planning Commission information on storm water management. The applicant presented to the members as and added additional by Navigation Canada. administration, along with other restrictions that may be applied Members discussed the distance to the airport with Municipal Government Act and Section 7 of The Subdivision and remainder, having been evaluated in terms of Section 654 of The Lot for stormwater management with a ± 57.2 ha (± ac) 7-WSM to create 35 lots (35) for hamlet residential use which subdivide hectares of land within the NE Y Section of average square metres (0.138 acres) one (1) Public Utility Oevelopment Regulations, having considered adjacent Landowner submissions, be approved subject to the conditions listed in Appendix 6. presented the report for the above application proposing to K. Raymond, Planning and Development Long Range Planner, FILE: Inc/William Daly wli ich average Sq uei in mews (0.138 SUBDIVISION APPLICATIONS PROPOSAL to create 35 lots (35) for hamlel residential use

14 registered on the remainder concurrently with the subdivision that meets the requirements of the Brazeau County Public Works registration. Brazeau County will prepare the caveat according conditions contained within the TIA. Infrastructure department. Development Agreement to be entered into with Brazeau satisfactory to Brazeau County; satisfaction of Brazeau County; and Deferred Reserve Caveat for the Municipal Reserve owing will be Development Levies. the title of the subject lands. Brazeau County shall prepare the Development Agreement and Caveat as per the current Brazeau and Infrastructure Department to ensure that the development the development. and stormwater management plan to the satisfaction of drawings prepared by Descon Engineering Services Ltd to the applicant/owner agrees to enter into and fully comply with a 2. Pursuant to Section 669(1) of the Municipal Government Act, a to the Brazeau County Schedule of Fees in effect at the time of e nd o rse me nt. 3. The applicant/owner shall obtain a Traffic Impact Assessment (TIA) which is satisfactory to Brazeau County and adhere to the 4. The applicant/owner shall supply a functional services report of municipal services at full build out is addressed at the onset of 5. The applicant/owner shall provide a Stormwater Management Plan which is satisfactory to Brazeau County Public Works and 6. Pursuant to Section 655 of the Municipal Government Act, the County. This agreement includes, but is not limited to: a. Construction of water, wastewater, and stormwater services as per the detailed design drawings prepared by Descon Engineering Services Ltd and any functional services report Brazeau County; b. Construction of street lighting as may be required by Brazeau County; c. Construction of fire hydrants in locations which are d. Construction of all roadways as per the detailed design e. Payment of sewer and water connections and Offsite The Development Agreement shall be registered by caveat on County Schedule of Fees.

15 8. The applicant/owner shall ensure that all municipal services and approach inspection. County Specifications and am subject to final inspection by and Infrastructure Department ( ) to arrange a final to Range Road 73. The access points shall meet current Brazeau Brazeau County. The applicant must contact the Public Works June 28, 2016 adjourn at 11:36 am, Member that the Municipal Planning Commission meeting of ADJOURNMENT: Moved by M. Gressler, Municipal Planning Commission Moved by A. Heinrich, Municipal Planning Commission Member, to table file 16S-009 to the July 21, 2016 meeting.: meeting on July 21, 2016 meeting. prepared and is requesting the application be tabled to the that due to insufficient information, a report could not be B. Misener, Planning and Development Coordinator, presented FILE: 16S-009 APPLICANT/OWNER: Danny Mears LEGAL DESC.: NE W5M PROPOSAL: the subdivision of a acre (6.25 ha) parcel for agricultural purposes prior to the County signing the final subdivision approval to and including the year in which subdivision is to be registered, applicant/owner shall pay all taxes owing to the Municipality, up documents. 10. Pursuant to Section 654(1) of the Municipal Government Act the at the time of endorsement. fee, according to the Brazeau County Schedule of Fees in effect 9. The applicant/owner shall pay a final subdivision endorsement to the County s Minimum Design Standards. infrastructure provided within the subdivision meet and adhere Regulation, the applicant/owner shall provide two access points 7. Pursuant to Section 9 of the Subdivision and Development

16 Maryann Thompson Chairperson Melody Reimer Recording Secretary