MINUTES OF THE MUNICIPAL PLANNING COMMISSION Tuesday, May 5, 2015 Red Deer County Council Chambers, Red Deer County Centre Present: Absent: Chairman Councillor P.J.R. Massier, Mayor J.J. Wood, Councillors D.B. Church, J.M. Bota, C.R. Huelsman and R.R. Lorenz. Councillor C. Moore. Staff Present: County Manager C. Herzberg, Assistant County Manager R. Henderson, Operations Services Director M. Campbell, Corporate Services Director H. Gray, Planning and Development Services Administration R. Barr, J. Hardes, F. Joynt, T. March, P. Matthews, T. Miller and C. Sloan, Corporate Communications Administration A. Ferguson and Legislative Services Administration N. Lougheed and L. Thompson. 1.0 CALL TO ORDER Chairman Councillor P.J.R. Massier called the meeting to order at 9:30 a.m. 2.0 AGENDA MPC-15-059 Moved by Councillor C.R. Huelsman to approve the agenda as submitted. 3.0 APPROVAL OF THE MINUTES MPC-15-060 Moved by Councillor D.B. Church to approve the minutes of the April 21, 2015, meeting as submitted. 5.0 DEVELOPMENT APPLICATIONS 5.1 John Avery Lot B, Plan 1075NY, NE 8-38-26-4 (Division 2) 3 Acres Agricultural District Ag Requesting approval of rear and side yard setback relaxations for an existing shop and barn. The property is located approximately 1.5 miles east of the City of Red Deer on Twp Rd 382. MPC-15-061 Moved by Councillor J.M. Bota to approve the following setback relaxations for existing buildings on Lot B, Plan 1075NY, NE 8-38-26-4: Shop 7.13-metre (23.4 ) rear yard and 4.79-metre (15.7 ) side yard; Barn 4.34-metres (14 ) side yard, subject to the decision being advertised in a local paper and no appeal against said decision being successful. 5.2 Andrew and Louise Clutton - SE 32-36-24-4 (Division 1) 160 Acres Agricultural District Ag Requesting approval to locate a second dwelling.
Minutes of the Municipal Planning Commission, May 5, 2015 Page 2 The property is located approximately 3 miles northeast of Pine Lake on Rge Rd 244 south of Twp Rd 370. MPC-15-062 Moved by Mayor J.J. Wood to approve the application to locate a second dwelling on SE 32-36-24-4, 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 site plan. 3. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 4. Where the development permit is issued for the construction of a building, the exterior of the building, including painting, shall be completed within one year of the date of issue. 5. A copy of the final occupancy inspection report is required from a licensed Safety Codes Officer no later than one year after issuance of the Development Permit, confirming the building meets Alberta Building Code. 6. Confirmation that an application, site plan and appropriate fees have been submitted to Red Deer County for Rural/Civic addressing for the new dwelling. 7. The decision being advertised in a local paper and no appeal against said decision being successful. 5.3 John Harty Lot 1, Block 1, Plan 122-3667, NW 32-38-26-4 (Division 2) 2.98 Acres Agricultural District Ag Requesting approval of a rear yard setback relaxation for the location of a proposed accessory building. The property is located approximately 2 miles east of the City of Red Deer on Rge Rd 265 south of Twp Rd 390. MPC-15-063 Moved by Councillor J.M. Bota to approve the application for a 5.37-metre (17.6 ) rear yard setback relaxation for a proposed accessory building on Lot 1, Block 1, Plan 122-3667, NW 32-38-26-4, subject to the following conditions being met to the satisfaction of the Development Officer: 1. A development permit shall not be issued and construction of the development shall not proceed beyond grade level until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. The proposed development shall be undertaken and completed in accordance with the attached conceptual plans and with the detailed plans, which are to be prepared pursuant to the conceptual plans and comply with the County s Design Guidelines & General Construction Specifications. 3. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 4. The subject development shall not alter the existing drainage where water drains onto neighbouring properties. It will be the developer s responsibility to provide corrective drainage structures, including retaining walls, to divert water from neighbouring properties.
Minutes of the Municipal Planning Commission, May 5, 2015 Page 3 5. The Development shall be attractive in appearance, shall complement existing buildings located on adjacent parcels, and shall be constructed of materials that comply with the Safety Code Act. 6. The foundation and drainage system shall be designed and constructed under the supervision of a qualified geo-technical engineer on any slope exceeding 15% to protect the bank from erosion and to ensure slope stability. 7. Any contamination of environment resulting from the Applicant s activities shall be remediated at the developer s and/or landowner s cost. 8. Failure to comply with the aforementioned conditions will result in Development Permit revocation and the issuance of a stop order pursuant to the Municipal Government Act. 9. The decision being advertised in a local paper and no appeal against said decision being successful. 5.4 Tannie Hall Lot 23, Block 2, Plan 812-2262, SW 1-36-3-5 (Division 5) 1 Acre Residential Low Density District R-3 Requesting approval of side yard setback and maximum height relaxations for the location of a proposed accessory building. The property is located within the Hamlet of Dickson on 3 rd Avenue (Dickson Drive). MPC-15-064 Moved by Councillor R.R. Lorenz to approve the application for a 0.88-metre (3.05 ) side yard setback relaxation and a 1.5-metre (5 ) relaxation to the maximum height for a proposed accessory building on Lot 23, Block 2, Plan 812-2262, SW 1-36-3-5, subject to the following conditions being met to the satisfaction of the Development Officer: 1. A development permit shall not be issued and construction of the development shall not proceed beyond grade level until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. The proposed development shall be undertaken and completed in accordance with the attached conceptual plans and with the detailed plans, which are to be prepared pursuant to the conceptual plans and comply with the County s Design Guidelines & General Construction Specifications. 3. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 4. The subject development shall not alter the existing drainage where water drains onto neighbouring properties. It will be the developer s responsibility to provide corrective drainage structures, including retaining walls, to divert water from neighbouring properties. 5. The Development shall be attractive in appearance, shall complement existing buildings located on adjacent parcels, and shall be constructed of materials that comply with the Safety Code Act. 6. The approved use shall not create a nuisance nor adversely affect the amenities of the district. 7. The foundation and drainage system shall be designed and constructed under the supervision of a qualified geo-technical engineer on any slope exceeding 15% to protect the bank from erosion and to ensure slope stability. 8. Any contamination of environment resulting from the Applicant s activities shall be remediated at the developer s and/or landowner s cost. 9. Failure to comply with the aforementioned conditions will result in Development Permit revocation and the issuance of a stop order pursuant to the Municipal Government Act.
Minutes of the Municipal Planning Commission, May 5, 2015 Page 4 10. The decision being advertised in a local paper and no appeal against said decision being successful. 5.5 Craig Suchy - Lot 1, Block 1, Plan 962-0918, SW 2-38-2-5 (Division 5) 2.89 Acres Agricultural District Ag Requesting approval for a Home Business Major (equine facilitated learning program). The property is located approximately 6 miles southwest of the Town of Sylvan Lake at the corner of Rge Rd 22 and Twp Rd 380. MPC-15-065 Moved by Councillor R.R. Lorenz to refer decision on the application for a Home Business Major to accommodate an equine facilitated learning program on Lot 1, Block 1, Plan 962-0918, SW 2-38-2-5 for further information in relation to the meeting with Alta Link with regard to the location of the power pole that causes sight line concerns at the intersection of Rge Rd 22 and Twp Rd 380. CARRIED Councillors Bota, Church, Huelsman, Lorenz and Massier in favor Mayor Wood opposed 5.6 Blackstone Developments Inc. SE 30-38-1-5 (Division 5) 153.6 Acres Agricultural District Ag Requesting approval for a relaxation to the maximum sign area for a proposed property management sign. The property is located on the west side of the Town of Sylvan Lake at the intersection of Twp Rd 384 and Rge Rd 15. MPC-15-066 Moved by Mayor J.J. Wood to deny the application for relaxation to the maximum total sign area for the location of an 8.9 m² (96 ft²) proposed property management sign on the SE 30-38-1-5 as the required relaxation is deemed excessive. MOTION DEFEATED Mayor Wood and Councillor Bota in favor Councillors Church, Huelsman, Lorenz and Massier opposed MPC-15-067 Moved by Councillor R.R. Lorenz to approve the application to locate an 8.9 m² (96 ft²) proposed property management sign on the SE 30-38-1-5, subject to the following conditions being met to the satisfaction of the Development Officer: 1. A development permit shall not be issued and construction of the development shall not proceed until all conditions, except those conditions of a continuing nature, have been met or fulfilled. 2. The proposed development shall be undertaken and completed in accordance with the approved plans. 3. The Applicant shall submit to the County for approval, a Visibility Site Triangle drawing in compliance with the County s Design Guidelines & General Construction Specifications. 4. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 5. The sign may be removed or relocated at the Applicant s expense upon 30 day s written notice from the County.
Minutes of the Municipal Planning Commission, May 5, 2015 Page 5 6. Failure to comply with the aforementioned conditions will result in Development Permit revocation and the issuance of a stop order pursuant to the Municipal Government Act. 7. The decision being advertised in a local paper and no appeal against said decision being successful. CARRIED Councillors Church, Huelsman, Lorenz, and Massier in favor Mayor Wood and Councillor Bota opposed 6.0 SUBDIVISION APPLICATIONS 6.1 William and Heather Blake Lot 12, Plan 1358MC, NW 18-38-26-4 (Division 2) 4.62 Acres Country Residential District R-1 Requesting approval for an extension to a conditionally approved application to subdivide 0.81 hectares (2 acres) to create an additional residential lot (Herder). The property is located directly east of the City of Red Deer on the south side of Hwy 11. MPC-15-061 Moved by Councillor J.M. Bota to approve the application for a one-year time extension for the conditionally approved subdivision of 0.81 hectares (2 acres) from Lot 12, Plan 1358MC, NW 18-38-26-4, with the new expiry date to be May 6, 2016. 6.2 Graham and Jolene Keogh South half of Lot 1, Plan 1746MC, NE 31-37-27-4 (Division 2) 6.06 Acres Country Residential District R-1 Requesting approval for the applicant to enter into an agreement with the County to meet one of the conditions of subdivision which would then allow administration to endorse the subdivision (Broderson). The property is located directly west of the City of Red Deer on Rge Rd 275 south of Twp Rd 380. MPC-15-062 Moved by Councillor J.M. Bota to approve entering into an agreement with the applicant that requires the applicant providing securities equivalent to 100% of the estimated construction costs of the required upgrading and paving of the two accesses in order to satisfy Condition No. 5 of the approved subdivision. 6.3 David and Terry Gerrard Pt NE 16-35-28-4 (Division 4) 10 Acres Agricultural District Ag Requesting approval to subdivide this 10-acre parcel into three lots. The property is located approximately 1 mile east of the Town of Innisfail on Rge Rd 283 south of Hwy 590. MPC-15-063 Moved by Councillor C.R. Huelsman that, in considering this application, it is deemed that the subdivision as proposed complies with the Municipal
Minutes of the Municipal Planning Commission, May 5, 2015 Page 6 Government Act, the Municipal Development Plan, the Gerrard Area Structure Plan and the Land Use Bylaw; that it is suitable for the intended purposes, and it will not negatively impact adjacent land uses. Consideration has been given to topography, soil characteristics, access, the use of adjacent lands, and the availability and adequacy of water supply, sewage disposal, solid waste disposal and storm water management. Therefore, the application to subdivide 4.05 hectares (10 acres) of Pt NE 16-35-28-4 to create three new 1.34-hectare (3.33-acre) lots is approved, subject to the following conditions: 1. The granting of third reading to Bylaw No. 2015/2.04. 2. Subdivision to be effected by Plan of Survey or Descriptive Plan. 3. Submission of a plan by an Alberta certified surveyor confirming the location 4. Payment of all outstanding property taxes or satisfactory arrangements to be 5. The Applicant shall provide confirmation that suitable arrangements have been made with utility companies for provision of services and/or necessary easements (i.e. power, gas and telephone). 6. The Applicant shall construct the internal subdivision road Turn Around in the centre of Lot 4 to provide access to all three lots and shall be constructed in accordance with Red Deer County standards. The Plan of Survey must indicate the extension of the road plan and location of the turn around. 7. The applicant shall enter into a Subdivision Servicing Agreement with Red Deer County and complete the work in accordance with Section 655 of the Municipal Government Act, as amended (fees required). As part of this requirement, an engineered Storm Water Management Plan, Pre-grading Site Plan and Site Grading Plan are required. These must be approved prior to any development commencing. (This may also include roads being constructed, upgraded and/or paved to Red Deer County standards at the applicant s expense.) 8. A Percolation Test is required to ensure the proposed subdivision can sustain individual septic systems. 9. A hydro-geological (ground water assessment) report will be required to ensure availability of an adequate supply of water to service the subdivision. 10. At the discretion of Red Deer County, municipal reserves shall be provided by a cash-in-lieu payment of 10% of the appraised market value, pursuant to Section 667 of the Act. The appraisal submitted in support of the application was dated April 9, 2015, and the appraised market value has been determined to be $280,000; therefore, the municipal reserve owing will be $28,000. 6.4 Michael and Beverly Murphy SW 4-35-25-4 (Division 1) 148.37 Acres Agricultural District Ag Requesting approval to subdivide a 5.63-hectare (13.9-acre) parcel containing a farmstead. The property is located approximately 10 miles southwest of Pine Lake on Twp Rd 350 west of Rge Rd 255 MPC-15-063 Moved by Mayor J.J. Wood 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
Minutes of the Municipal Planning Commission, May 5, 2015 Page 7 intended purposes, and it will not negatively impact adjacent land uses. Consideration has been given to topography, soil characteristics, access, the use of adjacent lands, and the availability and adequacy of water supply, sewage disposal, solid waste disposal and storm water management. Therefore, the application to subdivide 5.63 hectares (13.9 acres) from SW 4-35-25-4 is approved, subject to the following conditions: 1. Subdivision and consolidation to be effected by Plan of Survey or Descriptive Plan. 2. Submission of a plan by an Alberta certified surveyor confirming the location 3. Payment of all outstanding property taxes or satisfactory arrangements to be 4. Confirmation shall be provided by a licensed Safety Codes Officer that the existing septic system conforms to the Alberta Private Sewage Systems Standard of Practice 2009, as amended from time to time, which includes that it is fully contained within the newly created property lines. 5. The dedication, by way of an agreement for future construction, registered as a caveat on the land title, indicating a 5.2-metre widening along the west boundary of the quarter section and a 2.55-metre widening along the south boundary of the quarter section for possible future road widening purposes in favour of Red Deer County. 6.5 Ronald and Lynn Roden SE 6-38-23-4 (Division 1) 160 Acres Agricultural District Ag Requesting approval to subdivide a 10.2-hectare (25.2-acre) parcel containing a farmstead. The property is located approximately 3 miles northwest of the Village of Delburne on Rge Rd 235 north of Hwy 595. MPC-15-063 Moved by Mayor J.J. Wood 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 it will not negatively impact adjacent land uses. Consideration has been given to topography, soil characteristics, access, the use of adjacent lands, and the availability and adequacy of water supply, sewage disposal, solid waste disposal and storm water management. Therefore, the application to subdivide 10.2 hectares (25.2 acres) from SE 6-38-23-4 is approved, subject to the following conditions: 1. Subdivision to be effected by Plan of Survey or Descriptive Plan. 2. Submission of a plan by an Alberta certified surveyor confirming the location 3. Payment of all outstanding property taxes or satisfactory arrangements to be 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 by a licensed Safety Codes Officer that the existing septic system conforms to the Alberta Private Sewage Systems Standard of Practice 2009, as amended from time to time, which includes that it is fully contained within the newly created property lines.
Minutes of the Municipal Planning Commission, May 5, 2015 Page 8 6. Alberta Transportation indicated, as per Section 15 of the Subdivision and Development Regulations, that the applicant will be required to provide a 30-metre service road across the highway frontage of the proposed parcel. Alberta Transportation is prepared to accept the registration of a caveat on the title of the property for the construction of a 30-metre service road as the road is not required at this time 7. The dedication, by way of an agreement for future construction, registered as a caveat on the land title, indicating a 5.2-metre widening along the east boundary of the quarter section (Rge Rd 235) north of Road Plan 092-9101 for possible future road widening purposes in favour of Red Deer County. 6.6 Brian and Laura Wright NE 33-37-24-4 (Division 1) 136.41 Acres Agricultural District Ag Requesting approval to subdivide a 1.87-hectare (4.6-acre) parcel to be consolidated with an adjacent 8.08-hectare (19.97-acre) lot (C. of T. No. 092 334 244). The property is located approximately 7 miles northwest of the Village of Delburne on Rge Rd 243 south of Hwy 595. MPC-15-064 Moved by Mayor J.J. Wood 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 it will not negatively impact adjacent land uses. Consideration has been given to topography, soil characteristics, access, the use of adjacent lands, and the availability and adequacy of water supply, sewage disposal, solid waste disposal and storm water management. Therefore, the application to subdivide 1.87 hectares (4.6 acres) from NE 33-37-24-4 to be consolidated with an adjacent 8.08-hectare (19.97-acre) lot (C. of T. No. 092 334 244) is approved, subject to the following conditions: 1. Subdivision and consolidation to be effected by Plan of Survey or Descriptive Plan. 2. Submission of a plan by an Alberta certified surveyor confirming the location 3. Payment of all outstanding property taxes or satisfactory arrangements to be 4. The Applicant shall ensure there is adequate physical access to the new parcel and to the balance of lands. Whenever Red Deer County requires an existing road access to be upgraded, a development agreement (caveat) will be required to be registered on title to ensure that prior to development of the property, the road access will be brought up to County standards. 5. Confirmation shall be provided by a licensed Safety Codes Officer that the existing septic system conforms to the Alberta Private Sewage Systems Standard of Practice 2009, as amended from time to time, which includes that it is fully contained within the newly created property lines. 6. The dedication, by way of an agreement for future construction, registered as a caveat on the land title, indicating a 5.2-metre widening along the west boundary of the quarter section and a 2.55-metre widening along the south boundary of the quarter section for possible future road widening purposes in favour of Red Deer County.
Minutes of the Municipal Planning Commission, May 5, 2015 Page 9 6.7 Stickland Farms Ltd. SE 8-37-28-4 (Division 3) 157 Acres Agricultural District Ag Requesting approval to subdivide a 4.52-hectare (11.2-acre) parcel containing a farmstead. The property is located approximately 3 miles west of the Hamlet of Springbrook on Rge Rd 284 south of Twp Rd 372. MPC-15-065 Moved by Councillor D.B. Church 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 it will not negatively impact adjacent land uses. Consideration has been given to topography, soil characteristics, access, the use of adjacent lands, and the availability and adequacy of water supply, sewage disposal, solid waste disposal and storm water management. Therefore, the application to subdivide 4.52 hectares (11.2 acres) from SE 8-37-28-4 is approved, subject to the following conditions: 1. Subdivision to be effected by Plan of Survey or Descriptive Plan. 2. Submission of a plan by an Alberta certified surveyor confirming the location 3. Payment of all outstanding property taxes or satisfactory arrangements to be 4. The applicant shall ensure there is adequate physical access to the new parcel and to the balance of the lands. The required new access shall be constructed to County standards. 5. Confirmation shall be provided by a licensed Safety Codes Officer that the existing septic system conforms to the Alberta Private Sewage Systems Standard of Practice 2009, as amended from time to time, which includes that it is fully contained within the newly created property lines. 6. The dedication, by way of an agreement for future construction, registered as a caveat on the land title, indicating a 5.2-metre widening along the east boundary of the quarter section (Rge Rd 284) for possible future road widening purposes in favour of Red Deer County. 7.0 ADJOURNMENT MPC-15-075 Moved by Councillor J.M. Bota that the Municipal Planning Commission meeting of May 5, 2015, be adjourned. TIME: 10:30 a.m. Chairman Legislative Services Manager