COUNTY COUNCIL MEETING AGENDA August 4, 2009 (to follow MPC Meeting) Page 1.0 CALL TO ORDER 2.0 APPROVAL OF AGENDA 2.1 Additional Agenda Items 3.0 MINUTES 3-8 3.1 Minutes of the regular meeting of County Council held Tuesday, July 21, 2009. 3.2 Questions, matters arising from the minutes 4.0 ADMINISTRATOR S/DIRECTORS REPORTS 9 4.1 Administrative Items 5.0 DELEGATIONS / PRESENTATIONS 6.0 REPORTS 11-18 19-21 23-31 6.1 Financial Variance Report financial operating results for the six-month period ending June 30, 2009. 6.2 2009 Budget Proposed Amendments recommendation to amend the 2009 budget to recognize a number of recently approved grant programs that are funded in part by the County. 6.3 County/City Intermunicipal Development Plan (IDP) second annual review of the IDP. 7.0 PUBLIC HEARINGS 8.0 SUBDIVISION APPLICATIONS 33-35 8.1 NE 25-37-24-4 (Division 1) application for a one-year time extension for the conditionally approved subdivision of 43.5 hectares (107.6 acres) to create a 28-lot residential subdivision. Page 1 of 54
County Council Meeting Agenda, August 4, 2009 Page 8.0 SUBDIVISION APPLICATIONS 37-39 41-46 8.2 SE 26-35-27-4 (Division 3) application for a one-year time extension for the conditionally approved subdivision of a 2.01-hectrare (4.96-acre) parcel, and consideration of an amendment to one of the conditions applied to said approval. 8.3 NE 32-35-3-5 (Division 5) application to subdivide 6.97 hectares (17.22 acres) containing an existing farmstead. 9.0 BYLAW / DEVELOPMENT APPLICATIONS & REPORTS 47-54 9.1 NE 23-37-27-4, DCD (Division 2) application to construct an addition to an existing shop. 10.0 IN-CAMERA SESSIONS 10.1 Legal Matter 11.0 COMMITTEE REPORTS 11.1 Reports from individual Councillors for meetings attended since July 22, 2009. 12.0 NOTICES OF MOTION / COUNCILLORS CONCERNS 13.0 ADJOURNMENT Page 2 of 54
Minutes of a Regular Meeting of County Council RED DEER COUNTY Tuesday, July 21, 2009 1.0 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 38106 Rge Rd 275, Red Deer County, Alberta, and was called to order by Mayor E.R. Kinsella at 10:10 a.m. PRESENT: ABSENT: Mayor E.R. Kinsella, Deputy Mayor J.J. Wood, Councillors G.W. Gehrke, D.G. Hoar, T.J. Lougheed and R. Poth. Councillor P.T. Archibald. STAFF PRESENT: Assistant County Manager R. Henderson, Corporate Services Director T. Allen, Planning and Development Services Director C. Cvik, Operations Services Director F. Peck, Corporate Communications Manager D. Brinkworth and Legislative Services Manager N. Lougheed. Planning/Development administration in attendance for development applications: D. Bonnett, F. Joynt, T. Kowalski and, T. Miller. 2.0 APPROVAL OF AGENDA CC-09-228 Moved by Councillor D.G. Hoar to approve the agenda as submitted. CARRIED UNANIMOUSLY 3.0 APPROVAL OF MINUTES CC-09-229 Moved by Councillor T.J. Lougheed to approve the minutes of the July 7, 2009, regular meeting of County Council as submitted. CARRIED UNANIMOUSLY 6.0 REPORTS 6.1 Notice of Motion presented by Councillor Wood at the July 7, 2009, meeting that Red Deer County be declared a disaster due to the drought conditions being experienced and the effect the conditions are having on agricultural producers. CC-09-230 Moved by Councillor J.J. Wood that Red Deer County be declared a disaster due to the drought conditions being experienced and the effect the conditions are having on agricultural producers. MOTION DEFEATED Councillor Wood in favor Mayor Kinsella, Councillors Gehrke, Hoar, Lougheed and Poth opposed 6.2 Public Events Permit Benalto Multi-Media Music Festival Senior Patrol Officer B. Dixon reported on the application received for a permit to host this event at the Benalto Fair Grounds the weekend of September 4 to 6, 2009. Minutes of the regular meeting of County Council held Tuesda... Page 3 of 54
County Council Minutes of July 21, 2009 2 CC-09-231 Moved by Councillor T.J. Lougheed that the application for a Public Events Permit for a multi-media/music festival to be held at the Benalto Fair Grounds on September 4, 5, and 6, 2009, be denied on the grounds of incomplete planning and the chosen timing for the event. CARRIED UNANIMOUSLY 8.0 SUBDIVISION APPLICATIONS 8.2 SW 21-34-1-5 (Division 4) application for a one-year time extension for the conditionally approved subdivision of a 1.62-hectare (4.02-acre) parcel. CC-09-232 Moved by Councillor D.G. Hoar to approve a one-year time extension for the conditionally approved subdivision of 1.62 hectares (4.02 acres) from SW 21-34-1-5, with the new expiry date to be July 21, 2010. CARRIED UNANIMOUSLY 8.3 NW 7-37-26-4 (Division 3) application to subdivide 5.33 hectares (13.17 acres) to create an agricultural/residential parcel containing an existing farmstead. CC-09-233 Moved by Councillor R. Poth that, in considering this application, it is deemed that the subdivision as proposed complies with the Municipal Government Act, the Municipal Development Plan and the Land Use Bylaw, that it is suitable for the intended purposes and that it 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 5.33 hectares (13.17 acres) from NW 7-37-26-4 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. The Real Property Report must confirm that the existing buildings and water well conform to the existing land use designation and are 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 is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements. 5. The applicant shall ensure there is adequate physical access to the new parcel and to the balance of the lands; 6. Confirmation shall be provided from a licensed Safety Codes Officer that the existing septic system conforms with the Plumbing & Drainage Regulation, which includes that it is fully contained within the newly created property lines; and 7. The dedication, by way of a land acquisition agreement, registered as a caveat on the land title, indicating a 5.2-metre widening along the east boundary of the quarter section for possible future road widening purposes in favour of Red Deer County (fees required). CARRIED UNANIMOUSLY 8.4 NE 8-36-2-5 (Division 3) application for a boundary adjustment to include the driveway and existing garage within the property boundaries and to approve a zero side yard setback for said garage. Minutes of the regular meeting of County Council held Tuesda... Page 4 of 54
County Council Minutes of July 21, 2009 3 CC-09-234 Moved by Councillor G.W. Gehrke 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 0.255 hectares (0.630 acres) from NE 8-36-2-5 to be consolidated with the adjacent 2.992-hectare (7.393-acre) parcel (C of T 032 125 112) to facilitate the existing driveway and garage to be included in this said parcel is approved, subject to the following conditions: 1. Subdivision and consolidation to be effected by Plan of Survey; 2. Submission of a Real Property Report from an Alberta Land Surveyor is required. The Real Property Report must confirm that the existing buildings and water well conform to the existing land use designation, with the exception that a zero side yard setback be allowed for the existing garage, and are 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 is responsible for making suitable arrangements with utility companies for provision of services and/or necessary easements. 5. The applicant shall ensure there is adequate physical access to the new parcel and to the balance of the lands; 6. The applicant to enter into a zero lot line agreement with the owner on the neighbouring property, to be registered as a caveat on the title to the property; 7. Confirmation shall be provided from a licensed Safety Codes Officer that the existing septic system conforms with the Plumbing & Drainage Regulation, which includes that it is fully contained within the newly created property lines; and 8. The dedication, by way of a land acquisition agreement, registered as a caveat on the land title, indicating a 5.2-metre widening along the east boundary of the quarter section and the existing parcel proposing the boundary adjustment for possible future road widening purposes in favour of Red Deer County (fees required). CARRIED UNANIMOUSLY 8.5 NE 10-36-2-5 (Division 5) application to subdivide 3.35 hectares (8.25 acres) to create an agricultural/residential parcel containing an existing farmstead. CC-09-235 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 3.35 hectares (8.25 acres) from NE 10-36-2-5 is approved, subject to the following conditions: 1. Subdivision to be effected by Plan of Survey; Minutes of the regular meeting of County Council held Tuesda... Page 5 of 54
County Council Minutes of July 21, 2009 4 2. Submission of a Real Property Report from an Alberta Land Surveyor is required. The Real Property Report must confirm that the existing buildings and water well conform to the existing land use designation and are 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 there is adequate physical access to the new parcel and to the balance of the lands; 5. Confirmation shall be provided from a licensed Safety Codes Officer that the existing septic system conforms with the Plumbing & Drainage Regulation, which includes that it is fully contained within the newly created property lines; and 6. The dedication, by way of a land acquisition agreement, registered as a caveat on the land title, indicating a 5.2-metre widening along the entire east boundary of the quarter section, including the proposed subdivision, for possible future road widening purposes in favour of Red Deer County (fees required). CARRIED UNANIMOUSLY 9.0 BYLAW / DEVELOPMENT APPLICATIONS & REPORTS 9.1 SE 11-35-24-4, DCD (Division 1) application for outdoor storage of heavy equipment and for the construction of a shop and pole shed. CC-09-236 Moved by Councillor J.J. Wood that the application to construct a 1320 sq. ft. shop and a 2000 sq. ft. pole shed and for a 5-acre outdoor storage on SE 11-35-24-4 be approved, subject to the following conditions being met to the satisfaction of the Development Officer: 1. A development permit shall not be issued and construction of the development shall not proceed beyond grade level until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. The proposed development shall be undertaken and completed in accordance with the attached plans (site layout, landscaping, and building elevations) which are to comply with the County s Design Guidelines & General Construction Specifications. 3. Landscaping shall be completed by July 31, 2011. 4. The applicant is to upgrade the approach to the County s commercial standard. 5. Once the permit is issued, the applicant is to provide the County with a comprehensive list of all the pieces of equipment that could be stored on the property. 6. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 7. Subsequent to development completion, the applicant must provide one set of 'as-built' drawings confirming that all buildings are located within the DCD zoned area of the quarter section. 8. No trees, shrubs or other natural vegetation shall be burned, cut down, destroyed or otherwise removed or altered on the Lands without written confirmation of the County. 9. Any contamination of the environment resulting from the Applicant s activities shall be remediated at the Applicant s cost. CARRIED UNANIMOUSLY Minutes of the regular meeting of County Council held Tuesda... Page 6 of 54
County Council Minutes of July 21, 2009 5 11.0 COMMITTEE REPORTS Councillors reported on meetings they have attended on behalf of Red Deer County since July 8, 2009. Recess: 11:20 a.m. Reconvene: County Council meeting called back to order at 1:33 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 1:44 p.m. 7.1 Bylaw No. 2009/18 a bylaw to adopt a Local Area Structure Plan for Pt NE 34-37-25-4 (Division 1) to facilitate the subdivision of 18.85 hectares (46.6 acres) into two agricultural parcels. CC-09-237 Moved by Councillor T.J. Lougheed to deny second reading to Bylaw No. 2009/18, a bylaw to adopt a Local Area Structure Plan for Pt NE 34-37-25-4. CARRIED Mayor Kinsella, Councillors Gehrke, Hoar, Lougheed and Poth in favor Councillor Wood opposed 8.0 SUBDIVISION APPLICATIONS 8.1 Pt NE 34-37-25-4 (Division 1) application to subdivide 10.76 hectares (26.59 acres) from this 18.85-hectare (46.6-acre) parcel. CC-09-238 Moved by Councillor R. Poth that the application to subdivide 10.76 hectares (26.59 acres) from the 18.85-hectare (46.6-acre) parcel on Pt NE 34-37-25-4 be denied as the application is not in compliance with Section 3.19 of the Municipal Development Plan. CARRIED Mayor Kinsella, Councillors Gehrke, Hoar, Lougheed and Poth in favor Councillor Wood opposed 13.0 ADJOURNMENT CC-09-239 Moved by Councillor R. Poth that the County Council meeting adjourn. TIME: 1:49 p.m. CARRIED UNANIMOUSLY MAYOR COUNTY MANAGER Minutes of the regular meeting of County Council held Tuesda... Page 7 of 54
County Council Minutes of July 21, 2009 6 PUBLIC HEARING COMMENTS Bylaw No. 2009/18 a bylaw to adopt a Local Area Structure Plan for Pt NE 34-37-25-4 (Division 1) to facilitate the subdivision of 18.85 hectares (46.6 acres) into two agricultural parcels. Tom Lawrence, Adjacent Landowner resides on NE 34-37-25-4, and he noted a concern regarding his driveway as he has heard the accesses to Hwy 595 are going to be removed and relocated to the east County road allowance. He does not want to lose his access to Hwy 595. Laurie Kaeben, representing Rob and Michelle Smith, Adjacent Landowners concerned that this subdivision could affect their driveway and the safety of their children. Bob Smitten, Consultant, on behalf of Applicant provided information regarding the location of the property and the history of the application in that the Area Structure Plan was prepared in support of a subdivision application. He advised that the applicant s son lives on the site and plans to raise and train brood mares. He listed the existing buildings on the site noting that all the buildings are serviced with water and natural gas. Access to the property is from Hwy 595 and Alberta Transportation has no objections to the proposed subdivision subject to the dedication of a 30-metre service road along Hwy 595 and a portion of the east County road allowance. If the accesses were removed, then the service road would have to be constructed with the access being to the east of the quarter section. He advised that the County was provided with a letter that included signatures of 13 neighbors that acknowledged they were aware of the proposed subdivision and had no objections to it. With regard to the requirements of the County s Land Use Bylaw and Municipal Development Plan, he believes this application complies as the proposal is in support of agriculture. Minutes of the regular meeting of County Council held Tuesda... Page 8 of 54
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