DEVELOPMENT APPEAL COMMITTEE AGENDA December 19, 2016 9:00 a.m. 911 32 AVENUE NE CALGARY, AB, T2E 6X6 A CALL MEETING TO ORDER B DEVELOPMENT APPEALS 1. 101-16 DIVISION 7 9:00 a.m. Page 2 Appeal against the stop order of the Development Authority issued for the reconstruction of the berm and French drain as designed and approved in the Stormwater Management Plan, as per drawings by Westhoff Engineering Resources, Inc. dated April 2003 as Job No. WER 102-09 as Drawing No. SWM001; to provide the County confirmation in writing from a professional engineer licensed in Alberta to show that the site is in compliance with the approved Stormwater Management Plan and the Overland Right of Way Plan 0313482, as registered on Land Titles; and at no time in the future shall any development take place on the Lands without prior written approval of Rocky View County at Lot 9, Block 3, Plan 0713577 in the NE-16-26-01-W5M (64 Calterra Estates Drive). File: 06516030; E. File 2265, REX 201512-1182 Appellant/Owner: Com-Pros Holdings Inc. c/o Peter Schlee C NEXT MEETING: January 11, 2017 Page 1 of 40
SUBDIVISION AND DEVELOPMENT APPEAL BOARD REPORT TO: Development Appeal Board APPEAL DATE: December 19, 2016 PROPOSAL: Appeal against the Order of the Development Authority (Enforcement) for the: 1. Reconstruction of the berm and French drain as designed and approved in the Stormwater Management Plan, as per drawings by Westhoff Engineering Resources, Inc. dated April 2003 as Job No. WER 102-09 as Drawing No. SWM001; 2. To provide to the County, confirmation in writing from a professional engineer, licensed in Alberta, to show that the site is in compliance with the approved Stormwater Management Plan and the Overland Right of Way Plan 0313482, as registered on Land Titles; and 3. At no time in the future shall any development take place on the Lands without the prior written approval of Rocky View County. LEGAL DESCRIPTION: Plan 0713577, Block 3, Lot 9 in the NE-16-26-01-W5M FILE: 06516030 EFILE: 2265 REX #: 201512-1182 APPELLANT: COM-PROS HOLDINGS INC. LAND USE DESIGNATION: R-2 (RESDIENTIAL TWO) GROSS AREA: 3.95 acres DIVISION: 07 B-1 Page 1 of 31 GENERAL LOCATION: Approximately 1/3 mile West of Range Rd 13 on the East side of Calterra Estates Drive OWNER: COM-PROS HOLDINGS INC. MUNICIPAL ADDRESS: 39 Calterra Estates Drive HISTORY: December 14, 2015 The initial complaint was received by Rocky View County Engineering Services and passed along to Enforcement for investigation. The concern was that earthwork had been done to break the berm between the pond area and the creek to allow water to drain into the creek from 39 Calterra Estates Drive. This incident was reported to have taken place on December 11, 2015. December 15, 2015 - Engineering Services was consulted and they expressed concern that the type of earthwork being reported as taking place on the Lands would require a Development Permit as it would alter the drainage on the lands. December 17, 2016 Engineering Services provided historical information for the area. They again raised concerns about the earthwork reportedly being completed on these lands as a new subdivision was just recently approved. The Stormwater Management Plan approved as part of this new subdivision was based on the approved and unaltered drainage system in Calterra. Any alteration to the drainage system in the subdivision could negatively affect neighboring properties and drainage for the subdivision. January 10, 2016 The Officer conducted an offsite inspection of the property however there was too much snow on the ground to determine if there was any earthwork altering the drainage system as reported. The landowner would be contacted to try and arrange for an inspection with the Officer and Engineering Services. January 13-14, 2016 An email was received from the landowner, Mr. Peter Schlee of Calterra Land Developments Inc. Mr. Schlee expressed concerns regarding what authority Rocky View County had to enforce any activity taking place on the Lands. Mr. Schlee was advised of the sections in the Municipal Government Act that authorize Rocky View County to enforce such actions. Page 2 of 40
February 2, 2016 Detailed information and reports for the subdivision were received from Engineering namely the Overland Drainage Right of Way, Plan of Survey, Board Order 05-08 (2005-RV-07), Utility Right of Way Lots 9 12, and the Stormwater Management Plan (SWMP). The landowner sent an email to the Officer enquiring if this file is now closed. Officer responded advising that the file could not be closed until a site inspection was conducted to determine if any alteration to the drainage system were found, as was reported. Further information was received from Engineering Services, along with photographic evidence from the complainant, showing that earthwork had taken place. It was determined that the issuance of a Compliance Notice would be required. February 3, 2016 A Compliance Notice was issued and sent via email to the landowner advising that a Development Permit would be required for the alteration to the berm or the property was to be returned to what was approved in the Stormwater Management Plan. February 6, 2016 Alberta Environment and Parks (AEP) was contacted to see if they had any concerns. February 16, 2016 A site inspection took place with the Officer and AEP. B-1 Page 2 of 31 February 18, 2016 - A letter from AEP was received regarding the findings from the inspection. The letter reported that while the inspection revealed a berm had been opened allowing a low lying area to drain into the existing creek, that no contravention under Alberta s Water Act were found. Therefore, AEP had no concerns on the property. February 24, 2016 A copy of the Compliance Notice was forwarded to Planning to make them aware of the request for the Development Permit application. February 26, 2016 The landowner approved an inspection of the property, however advised that he would not attend. March 6, 2016 A property inspection was conducted by the Officer. The site appeared to be in the same state as it was at the previous inspection with AEP on February 16, 2016. March 7, 2016 An email was sent to the landowner providing a time extension until March 11, 2016, to make an application for a Development Permit or to return the berm back to the original design as per the approved SWMP. March 31, 2016 An email was received from the landowner, asking if everything had been taken care of. April 3, 2016. Officer responded via email advising that in order to bring the lands into compliance, the SWMP would need to be returned to how it was designed. It was also noted that if the lands were not brought into compliance, Rocky View County would continue with the issuance of a Stop Order. No further response was received from the landowner. June 9, 2016 The Officer conducted another inspection of the lands. It appeared as some work has been done to the berm and French drain. New pictures were taken. July 4, 2016 Engineering advised Officer that some work had been done on the lands. They advised that they would require sign off from the landowner s engineer, confirming that the SWMP has been restored back to the approved design. July 24, 2016 Officer sent an email to the landowner requesting written confirmation from his engineer confirming that the berm and French drain had been returned to the original design. Page 3 of 40
Page 3 of 31 August 8, 2016 An email was received from Calterra Land Developments Inc, using the same email address as all prior correspondence, stating they are not the current property owner and asking us to contact the current landowner regarding these matters. August 11, 2016 Officer pulled a copy of the current title from Land Titles which confirmed change of ownership from Calterra Land Developments Inc. to Com-Pros Holdings Inc. August 17, 2016 Corporate searches were requested for both landowners, Calterra Land Developments Inc. and Com-Pros Holdings Inc. Corporate records for both companies named the sole Director as Peter Schlee. The Officer responded via email to both Calterra Land Developments Inc. and Com-Pros Holdings Inc, advising that enforcement action would continue with the current landowner. The Officer also stated that the corporate search conducted for both Calterra Land Developments Inc. and Com-Pros Holdings Inc, named Peter Schlee as the only Director for both business entities. November 12, 2016 An offsite inspection confirmed that the berm still did not appear to be replaced to its natural state. November 21, 2016 A Stop Order of the Development Authority was mailed to the current landowner to the address that was registered on title. December 2, 2016 - An appeal was received against the Stop Order of the Development Authority. PURPOSE OF THE ORDER: The property owner was to take the following steps on or before December 21, 2016: 1. Reconstruction of the berm and French drain as designed and approved in the Stormwater Management Plan, as per drawings by Westhoff Engineering Resources, Inc. dated April 2003 as Job No. WER 102-09 as Drawing No. SWM001; 2. To provide to the County, confirmation in writing from a professional engineer licensed in Alberta to show that the site is in compliance with the approved Stormwater Management Plan and the Overland Right of Way Plan 0313482, as registered on Land Titles; and 3. At no time in the future shall any development take place on the Lands without the prior written approval of Rocky View County. APPEAL DETAILS: The appeal was received on December 2, 2016. The grounds for the appeal were stated as follows: - Wrong Stop Order interferes with sale of property. - Minor work on SWMF was required maintenance by easement grantee. - Maintenance work was done by Calterra Land Developments Inc. Nov 2015 & May 2016. - Maintenance was done on privately owned SWMF Facilities (Dry Pond). - SWMF Maintenance is fully within authority of existing SWMP and easements. - RVC is not party to any of the existing title documents or easements. - Alberta Environment confirmed there is no contravention under Alberta Water Act. - Written confirmation of compliance by professional engineer has been provided to RVC. - Current Stop Order and prior compliance note (to previous owner) should have been cancelled prior to DAB Appeal. Page 4 of 40
Page 4 of 31 LAND USE BYLAW REVIEW: The Land use Bylaw provides that: Section 6 No development, other than that designated in Section 7 as being deemed approved, shall be undertaken within the county unless an application for it has been approved and a Development Permit has been issued therefore. Section 18: 18.1 Where the Development Authority finds that a development or use of land or buildings is not in accordance with: (a) (b) (c) the Act or the Regulations; a Development Permit or subdivision approval; and the Municipal Development Plan, an Area Structure Plan, Area Redevelopment Plan, a Conceptual Scheme, the Land Use Bylaw or the Land Use Regulations; the Development Authority may take such action as specified in this Bylaw and/or in the Municipal Government Act. Section 33 Stripping, Filling, Excavation and Grading An excerpt of Section 33 has been attached to this report. MUNICIPAL GOVERNMENT ACT: The Municipal Government Act (MGA) provides further discretionary authority to the Development Appeal Board. Section 687(3)(c) indicates that the Appeal Board may confirm, revoke or vary the order, decision or Development Permit or any condition attached to any of them or make or substitute an order, decision or Permit of its own. APPEAL: See exhibits. OPTIONS: Option #1: (This would allow for time to reconstruct the berm and replace the French drain) That the appeal against the Order of the Development Authority to reconstruct the berm and French drain as designed and approved in the Stormwater Management Plan, as per drawings by Westhoff Engineering Resources Inc. dated April 2003 as Job No. WER 102-09 as Drawing No. SWM001 on Lot 9, Block 3, Plan 0713577 in the NE-16-26-01-W5M be upheld and that the Order of the Development Authority be varied to allow time for the appellant to reconstruct the berm and replace the French drain by date. (Minimum of 2 reasons required) Option #2: (This would allow for time to make an application and give a deadline to meet any conditions and if not met by this deadline, to then return the berm and replace the French drain) That the appeal against the Order of the Development Authority to reconstruct the berm and French drain as designed and approved in the Stormwater Management Plan, as per drawings by Westhoff Engineering Resources Inc. dated April 2003 as Job No. WER 102-09 as Drawing No. SWM001 on Lot 9, Block 3, Plan 0713577 in the NE-16-26-01-W5M be varied to allow time for the appellant to make an application, meet the conditions of the Development Permit, by date and if the conditions are not Page 5 of 40
Page 5 of 31 met, have the appellant return the property by reconstructing the berm and French drain as designed and approved in the Stormwater Management Plan by date. (Minimum of 2 reasons required) Respectfully submitted, Lorraine Wesley-Riley Lorraine Wesley-Riley Manager Enforcement Services Page 6 of 40
Page 6 of 31 Lot:9 Block:3 Plan:0713577 NE-16-26-01-W05M Date: Dec 6, 2016 Division # 7 LOCATION PLAN File: 06516030 Page 7 of 40
Page 7 of 31 Note: Post processing of raw aerial photography may cause varying degrees of visual distortion at the local level. Lot:9 Block:3 Plan:0713577 NE-16-26-01-W05M Date: Dec 6, 2016 Division # 7 AIR PHOTO Spring 2016 File: 06516030 Page 8 of 40
Page 8 of 31 Note: Post processing of raw aerial photography may cause varying degrees of visual distortion at the local level. Lot:9 Block:3 Plan:0713577 NE-16-26-01-W05M Date: Dec 6, 2016 Division # 7 AIR PHOTO Spring 2014 File: 06516030 Page 9 of 40
Page 9 of 31 Note: Post processing of raw aerial photography may cause varying degrees of visual distortion at the local level. Lot:9 Block:3 Plan:0713577 NE-16-26-01-W05M Date: Dec 6, 2016 Division # 7 AIR PHOTO Spring 2012 File: 06516030 Page 10 of 40
Page 10 of 31 Ranch and Farm B-1 Highway Business RF2 Ranch and Farm Two B-2 General Business RF3 Ranch and Farm Three B-3 Limited Business AH Agricultural Holding B-4 Recreation Business F Farmstead B-5 Agricultural Business R-1 Residential One B-6 Local Business R-2 Residential Two NRI Natural Resource Industrial R-3 Residential Three HR-1 Hamlet Residential Single Family DC Direct Control HR-2 Hamlet Residential (2) PS Public Service HC Hamlet Commercial AP Airport Lot:9 Block:3 Plan:0713577 NE-16-26-01-W05M Date: Dec 6, 2016 Division # 7 LAND USE MAP File: 06516030 Page 11 of 40
B-1 Page 11 of 31 Contours are generated using 10m grid points, and depict general topographic features of the area. Detail accuracy at a local scale cannot be guaranteed. They are included for reference use only. TOPOGRAPHY Contour Interval 2 M Lot:9 Block:3 Plan:0713577 NE-16-26-01-W05M Dec 6, 2016 Date: Division # 7 06516030 File: Page 12 of 40
Page 12 of 31 Legend Letters in Opposition Letters in Support Circulation Area Subject Lands LANDOWNER CIRCULATION AREA Lot:9 Block:3 Plan:0713577 NE-16-26-01-W05M Date: Dec 6, 2016 Division # 7 File: 06516030 Page 13 of 40
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Page 17 of 31 Westhoff Engineering Resources Stormwater Management Plan, dated April 2003 as Job WER 102-09 as Drawing No. SWM001 Page 18 of 40
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December 10, 2016 B-1 Letter in Opposition #1 Rocky View County Attn: Clerk, Development Appeal Board 911-32 Ave. NE Calgary, AB T2E 6X6 Email: SDAB@rockyview.ca RE: Calterra Estates File 06516030; E. File 2265, REX 201512-1182 Attention : Development Appeal Board: Please accept this letter in opposition to the appeal filed by Com-Pros Holdings Inc. c/o Peter Schlee (Calterra Land Developments Inc). This letter supports the stop order issued by the Rocky View County Development Authority for reconstruction of the berm and French drain in accordance to the Calterra Estates Stormwater Management Plan per Westhoff Engineering Resources. In addition, the Development Authority must confirm that unfinished obligations pertaining to the Stormwater Management Pond and swales will be completed as required by the Development Agreement. The following references justify enforcement of the stop order, reconstruction of the berm and construction of the essential Calterra Stormwater Management infrastructure. References requiring review by the Rocky View County Development Appeal Board. 1) Calterra Overland Drainage Encumbrances for Phase 1 b, 2, 3 & 4. 2) Calterra Home Owner Associations Encumbrances for Phases 1 b, 2, 3 & 4. (Mr. Schlee has restricted lot-owners from becoming a member of the Phase 1 b, 2 & 4 HOA) I (We) strongly recommend to the Rocky View County Development Appeal Board and Administration to review the references and ensure all the affected infrastructure will be completed. Thank you! Sincerely, ~- O \0 MAHFV2-VR. f{fil-iyv11t-/v / -).. vt? SHA-HZ.Ab f<.jrhmqn \\-Y. '])~ Print Name(s) & Signature(s) t..oi <; ' f>lock 2... C/f CtfP_fU} S!.Tf)TE 5!). CAlTG!RR.A STAl 5 lf?..1v:t 'PH : 4o3-3CJ<J - 4f7'fO Contact Info (including address) Page 33 of 40
I. Westhoff Engineering Resources, Inc. Land & Water Resources Management Consultants B-1 Letter in Opposition #1 March 20. 2006 WER105 82.102 Municipal District of Rocky View No.44 911-32 00 Avenue NE P.O. Box 3009, Station B Calgary, Alberta T2M 4L6 Attention: Mr. Raphael Odie Dear Sir: RE: Calterra Estates Stormwater Management Westhoff Engineering Resources, Inc. prepared a Stormwater Management Report for the above noted Calterra Estates development in February, 2003. A copy of the 2003 report is hereto attached for ease of reference. The contents of the report dealt with drainage and stormwater retention requirement for the entire development comprising 18 new lots. To-date, the 1 51 Phase with a total of 5 lots has been developed and we have been advised by Mr. Peter Schlee that the stonnwater storage facility and the re-alignment of Wet Creek has been completed. We assume that the necessary as-builts have been submitted to and accepted by the regulatory agencies. Mr. Peter Schlee, the developer of Calterra Estates has asked us to update the drainage design as he is seeking for the approval for the development of another 9 lots. Enclosed is a drawing prepared by UMA Engineering Ltd showing the road grades adjacent to the 9 lots. Based on the information depicted on this drawing, the original drainage system as reported in our 2003 report has changed slightly. That is, the roadside drainage ditches slope at a continuous grade of 0.6% from the upper boundary of the new 9 lots (-mid lot 9) south to Wet Creek. The drainage system for the development area comprising the new 9 lots 1s shown on Drawing SWM-002 while the following pertinent drainage design information is noted: A perimeter ditch is to be constructed along the west property and be tied to the existing east-west drainage ditch on the north side of lot 5. A swale along the east property of Lot 10 drains into the roadside ditch sloping to the east. It follows the ditch along the north side of the temporary Turn Around as shown on UMA drawing ))-CM1002. As noted in our drawing, at the east boundary flows are to be conveyed south across a 450 mm dia culvert. Check dams are to be placed in the roadside ditches at the east boundary to ensure that runoff is directed south and therefore, in compliance of the approved drainage system for Calterra Estates. All ditches musl be grassed and protected with erosion control matting and silt fencing where needed. \'Vlest,ottads l \,,...da1<1\pro:ects\wer Pr.ii..:ts'2005'WER105-6'! C:llt~r~ co Netm i<ent\heportn;;iswm letter to ll'o;ev1.doc Suite 601. 1040-7" Avenue S. W., ulgiiry, Alberta, Canada T2 P 3G9 Phone: (403) 264 9366 F a~ : (403) 264-8796 E-mail: wetin>@wcsthofl ab.ca Page 34 of 40
Municipal Oisbict of Rocky View No. 44 Mr. Raphael Odie March 20, 2006 B-1 Letter in Opposition #1 Page 2 of 2 We emphasize that the 2003 report addresses the stormwater storage requirements for the entire development. The routing of runoff as shown on Drawing SWM-002 is in essence the only difference from the original drainage plan. Water quality objectives are addressed by implementing the grassed ditches, a most appropriate Best Management Practice (BMP) for this country residential type of development. Grassed ditches noting that the grade is at 0.6% slope effectively handle the trapping of sediment. However, until the development if fully developed, it is recommended that adequate sediment control measures are installed, e.g., silt fence, silt sock, etc. at the low point and prior to runoff reaching Wet Creek. Perhaps more importantly is the good housekeeping of the erosion control measures, regular inspections and clean-ups. I trust that the above information and attached plan suffice as backup information to a slightly revised drainage system than proposed in our February 2003 report. However, should you or other statt of your organization have any questions on the proposed stormwater management system, please call me or email me at dennis@westhoff.ab.ca. Yours sincerely. Westhoff Engineering Resources, Inc. Dennis R Westhoff, M.Eng., P.Eng. Chief Engineer cc. Peter Schlee - Calterra Estates J i Westhoff Engineering Resources, Inc. [ Page 35 of 40
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