MUNICIPAL PLANNING COMMISSION AGENDA

MUNICIPAL PLANNING COMMISSION

AGENDA

May 12, 2020

9:30 AM

Page

1.0 CALL TO ORDER

2.0 APPROVAL OF AGENDA

2.1 Additional Agenda Items

3.0 CONFIRMATION OF THE MINUTES

2 - 6 3.1 Minutes of the Municipal Planning Commission meeting of April 28, 2020.

4.0 BUSINESS FROM THE MINUTES

5.0 DEVELOPMENT APPLICATIONS

7 - 15 5.1 Lot: Bldg C, Block Area A, Plan 0124151, SE 14-37-28-4 (3508 – 37 Avenue, Springbrook – Division 3) – application for an Automotive and Minor Recreation Vehicle Sales and Rentals.

6.0 SUBDIVISION APPLICATIONS

16 - 22 6.1 SE 20-38-22-4 (38318 Rge Rd 224 – Division 1) – application to subdivide 1.62 hectares (4 acres) containing a farmstead.

23 - 32 6.2 SE 9-36-3-5 (36118 Rge Rd 33 – Division 5) – application to subdivide 2.84

hectares (7.02 acres) to create a bare first parcel.

7.0 ADJOURNMENT

Page 1 of 32

MINUTES OF THE MUNICIPAL PLANNING COMMISSIONTuesday, April 28, 2020

Red Deer CountyVirtual Meeting by Zoom Video Communications and in

the Benalto Boardroom, Red Deer County Centre

Present: Chairman Councillor C. Moore, Mayor J.J. Wood, Councillors J.M. Bota,D.J. Depalme, C.R. Huelsman, Councillor R.R. Lorenz and P.J.R. Massier

Staff Present: County Manager C. Herzberg, Assistant County Manager D. Dittrick, OperationsServices Director M. Campbell, Community and Protective Services DirectorD. Brand, Corporate Services Director H. Surkan, Development and PlanningAdministration T. Miller, M. Duley and J. Hardes, and Legislative ServicesAdministration N. Lougheed and U. Patterson.

1.0 CALL TO ORDER

Chairman Councillor C. Moore called the meeting to order at 9:30 a.m.

2.0 AGENDA

MPC-20-044 Moved by Councillor J.M. Bota to approve the agenda as submitted.CARRIED UNANIMOUSLY

3.0 APPROVAL OF THE MINUTES

MPC-20-045 Moved by Councillor D.J. Depalme to approve the minutes of April 14, 2020,meeting as presented. CARRIED UNANIMOUSLY

6.0 SUBDIVISION APPLICATIONS

6.1 Panterra Developments Corp. – Lot 7 & 8, Plan 1922844, SE 25-38-28-4281 Burnt Park Drive - Division 6 – 0.67 Acres – Business Service Industrial “BSI”

Application to subdivide 0.145 hectares (0.35 acres) to create two condominium units within theBurnt Lake Business Park west of Red Deer.

MPC-20-046 Moved by Councillor J.M. Bota that, in considering this application, it is deemedthat the subdivision as proposed complies with the Municipal Government Act,the Municipal Development Plan, the City of Red Deer / Red Deer CountyIntermunicipal Development Plan, the Burnt Lake Area Structure Plan and theLand Use Bylaw; that it is suitable for the intended purposes and that it will notnegatively impact adjacent land uses. Consideration has been given totopography, soil characteristics, access, the use of adjacent lands and theavailability and adequacy of water supply, sewage disposal, solid waste disposaland storm water management. Therefore, the application to subdivide0.145 hectares (0.35 acres) from Lot 7 & 8, Plan 1922844, SE 25-38-28-4 tocreate two condominium units is approved, subject to the following conditions:1. Subdivision to be effected by Plan of Survey or Descriptive Plan.2. 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 landuse bylaw requirements; the existing water well shall be fully contained within

Minutes of the Municipal Planning Commission meeting of April 28, 2020. Page 2 of 32

Minutes of the Municipal Planning Commission, April 28, 2020 Page 2

the newly created property lines. The location of the water well shall beprovided with the distance to the septic system. The Real Property Reportshall include all information respecting the existing septic system includingholding tanks. The County requires the septic system type be provided,location, all setbacks to new and existing property lines and setbacks to allstructures.

3. Submission of a plan by an Alberta Land Surveyor confirming the location ofthe buildings and water well relative to the new property lines.

4. Payment of all outstanding property taxes or satisfactory arrangements to bemade for payment to Red Deer County.

5. Storm mains and drainage routes shall be registered as a Drainage UtilityRight of Way.

6. The Applicant shall submit a Site Servicing Plan. As a result of the SiteServicing Plan a Shared Utility (water and sanitary) Agreement may berequired between each lot owner to the satisfaction of Red Deer County.Preparation of the Agreement will be the responsibility of the Applicant.

7. A Shared Parking Agreement will be required between each lot owner to thesatisfaction of Red Deer County. Preparation of the Agreement will be theresponsibility of the Applicant.

8. The Applicant is required to enter into an encroachment agreement withATCO Pipelines, to be registered on title to the satisfaction of ATCOPipelines and Red Deer County. CARRIED UNANIMOUSLY

6.2 Edward and Barbara Primas – Lot 2, Block 1, Plan 4062RS, NW 19-38-26-48, 38349 Rge Rd 270 – Division 2 – 4.75 Acres – Country Residential “R-1”

Application to subdivide 0.751 hectares (1.85 acres) to create a new residential lot within theHawk Hills subdivision east of Red Deer.

MPC-20-047 Moved by Councillor J.M. Bota that, in considering this application, it is deemedthat the subdivision as proposed complies with the Municipal Government Act,the Municipal Development Plan, the City of Red Deer / Red Deer CountyIntermunicipal Development Plan, the Divide Hills Area Structure Plan and theLand Use Bylaw; that it is suitable for the intended purposes and that it will notnegatively impact adjacent land uses. Consideration has been given totopography, soil characteristics, access, the use of adjacent lands and theavailability and adequacy of water supply, sewage disposal, solid waste disposaland storm water management. Therefore, the application to subdivide0.751 hectares (1.85 acres) from Lot 2, Block 1, Plan 4062RS, NW 19-38-26-4 isapproved, subject to the following conditions:1. Subdivision to be effected by Plan of Survey or Descriptive Plan.2. 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 landuse bylaw requirements; the existing water well shall be fully contained withinthe newly created property lines. The location of the water well shall beprovided with the distance to the septic system. The Real Property Reportshall include all information respecting the existing septic system includingholding tanks. The County requires the septic system type be provided,location, all setbacks to new and existing property lines and setbacks to allstructures.

3. The applicant to provide proof of a suitable building site to the satisfaction ofthe County.




5. The Applicant shall submit a drainage plan to Red Deer County for reviewand approvals.

6. The Applicant shall provide confirmation that suitable arrangements havebeen made with utility companies for provision of services and/or necessaryeasements (i.e. power, gas and telephone).

7. Confirmation of availability and adequacy of a suitable water supply andprivate sewage disposal system that complies with applicable standards andregulations.

8. The Applicant is required to construct an access to a standard deemedacceptable to the satisfaction of Red Deer County. All accesses off of a hardsurface road shall be asphalt from the road shoulder to the property line.

9. Confirmation shall be provided by a licensed Safety Codes Officer that theexisting septic system conforms to the Alberta Private Sewage SystemsStandard of Practice 2015, as amended from time to time, which includes thatit is fully contained within the newly created property lines. The Applicant willbe required to pay inspection fees in accordance with the County’s FeeBylaw.

10. The Applicant shall enter into a deferred servicing agreement to thesatisfaction of the City of Red Deer and Red Deer County. The deferredservicing agreement shall be registered on title for future sanitary and waterservice to be connected to the regional/municipal system when available.

CARRIED UNANIMOUSLY

6.3 Daniel and Joyce Silbernagel – Lot 1, Plan 9722603 and SW 16-35-23-4Division 1 – 160 Acres – Agricultural District “Ag”

Application for a boundary adjustment increasing the size of Lot 1 by 2.19 hectares (5.41 acres)to include the existing barn, water well and tree stand within its boundaries on property locatedwest of Elnora.

MPC-20-048 Moved by Councillor P.J.R. Massier that, in considering this application, it isdeemed that the subdivision as proposed complies with the MunicipalGovernment Act, the Municipal Development Plan and the Land Use Bylaw; thatit is suitable for the intended purposes and that it will not negatively impactadjacent land uses. Consideration has been given to topography, soilcharacteristics, access, the use of adjacent lands and the availability andadequacy of water supply, sewage disposal, solid waste disposal and stormwater management. Therefore, the application to subdivide 2.19 hectares(5.41 acres) from SW 16-35-23-4 to be consolidated into Lot 1, Plan 9722603 isapproved, subject to the following conditions:1. Subdivision and consolidation to be effected by Plan of Survey or Descriptive

Plan.2. 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 landuse bylaw requirements; the existing water well shall be fully contained withinthe newly created property lines. The location of the water well shall beprovided with the distance to the septic system. The Real Property Reportshall include all information respecting the existing septic system includingholding tanks. The County requires the septic system type be provided,



location, all setbacks to new and existing property lines and setbacks to allstructures.



5. The Applicant shall provide confirmation that suitable arrangements havebeen made with utility companies for provision of services and/or necessaryeasements (i.e. power, gas and telephone).

6. Confirmation of availability and adequacy of a suitable water supply andprivate sewage disposal system that complies with applicable standards andregulations. CARRIED UNANIMOUSLY

6.4 Maynard Norby – SW 12-38-1-51078 Hwy 596 – Division 6 – 160 Acres – Agricultural District “Ag”

Application to subdivide 4.67 hectares (11.5 acres) containing a farmstead on property locatedsoutheast of the Town of Sylvan Lake.

MPC-20-049 Moved by Councillor J.M. Bota that, in considering this application, it is deemedthat the subdivision as proposed complies with the Municipal Government Act,the Municipal Development Plan, and the Land Use Bylaw; that it is suitable forthe intended purposes and that it will not negatively impact adjacent land uses.Consideration has been given to topography, soil characteristics, access, the useof adjacent lands and the availability and adequacy of water supply, sewagedisposal, solid waste disposal and storm water management. Therefore, theapplication to subdivide 4.67 hectares (11.5 acres) from SW 12-38-1-5 isapproved, subject to the following conditions:1. Subdivision to be effected by Plan of Survey or Descriptive Plan.2. 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 landuse bylaw requirements; the existing water well shall be fully contained withinthe newly created property lines. The location of the water well shall beprovided with the distance to the septic system. The Real Property Reportshall include all information respecting the existing septic system includingholding tanks. The County requires the septic system type be provided,location, all setbacks to new and existing property lines and setbacks to allstructures.



5. Confirmation shall be provided by a licensed Safety Codes Officer that theexisting septic system conforms to the Alberta Private Sewage SystemsStandard of Practice 2015, as amended from time to time, which includes thatit is fully contained within the newly created property lines. The Applicant willbe required to pay inspection fees in accordance with the County’s FeeBylaw.

6. The dedication, by way of an agreement for road widening or futureconstruction, registered as a caveat on the land title, indicating a 5.2-metrewidening along the western boundary (Rge Rd 11) of the quarter section for



possible future road widening purposes in favour of Red Deer County.CARRIED UNANIMOUSLY

7.0 ADJOURNMENT

MPC-20-050 Moved by Mayor J.J. Wood that the Municipal Planning Commission meeting ofApril 28, 2020, be adjourned. TIME: 9:52 a.m. CARRIED UNANIMOUSLY

__________________________________ _____________________________________Chairman Legislative Services Manager


May 12, 2020 – Report No. 5.1

ADMINISTRATION REPORT

Date: May 12, 2020 Memo To: Municipal Planning Commission From: Planning & Development Services Subject: SE 14-37-28-4 / 3508 – 37 Avenue, Springbrook / Lot: Bldg C, Block Area A,

Plan 0124151 / 0.77 Hectares (1.91 Acres) / Business Service Industrial District / Division 3 / File Number D-20-016

1.0 PURPOSE To consider a discretionary use development permit application for an Automotive and Minor Recreation Vehicle Sales and Rentals on Lot: Bldg C, Block: Area A, Plan 0124151, within a portion of the SE 14-37-28-4.

2.0 SUMMARY

The subject parcel was recently rezoned from Business Service Airport District to Business Service Industrial District to accommodate this use.

Council granted third reading to Bylaw No. 2020/2.02 on April 28, 2020. This parcel is located adjacent to the Red Deer Regional Airport and is accessed via

Airport Drive. The Applicant is relocating the business onto a larger lot. This lot contains a building which will be used in conjunction with the business. The business will employ 5 employees and will generate approximately 10 vehicle

movements per day. This land is not identified within an Environmentally Significant Area. This land is identified within the Intermunicipal Development Plan (City/County) and is

identified as the County’s growth area. This parcel also forms part of the Springbrook Major Area Structure Plan. No

amendments are required to the plan. Offsite levies have been paid. The Applicant will be required to provide drawing details for any proposed fascia signs. Any freestanding signs shall be applied for separately. This application was referred to internal and external agencies, as well as adjacent

landowners for comments and concerns. To date, the following comments have been received by Planning and Development Services: Land Management has no concerns The Development Engineer has indicated that a Shared Access Agreement will

be required between the neighboring property to the satisfaction of Red Deer County.

Lot: Bldg C, Block Area A, Plan 0124151, SE 14-37-28-4 (3508 – 37 Avenue... Page 7 of 32

3.0 ALTERNATIVES

a) Approve the application subject to conditions.

Approve the discretionary use development permit application for an Automotive and Minor Recreation Vehicle Sales and Rentals on Lot: Bldg C, Block: Area A, Plan 0124151 on part of the SE14-37-28-4 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 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 submitted by the Applicant.

3) 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.

4) The Applicant shall arrange for and pass a fire inspection through the Red Deer County Fire Department prior to occupancy of the building. All costs associated with the inspection shall be at the applicant’s expense.

5) All accesses off of a hard surface road shall be asphalt from the road shoulder to the property line.

6) The Applicant will be required to enter into a shared access agreement with the neighbouring property.

7) The Applicant is required to provide addressing in the form of signage on the commercial building to the satisfaction of Red Deer County. Additional addressing on freestanding signs will be considered at the discretion of the Development Officer.

8) 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 Codes Act.

9) The approved use shall not create a nuisance nor adversely affect the amenities of the district.

10) Any contamination of the environment resulting from the Applicant’s activities shall be remediated at the Applicant’s cost.

11) The decision being advertised on the Red Deer County’s website and no appeal against said decision being successful.

Notes:

a) The Applicant is required to obtain Safety Codes Permits. It is the responsibility of the Applicant to ensure they obtain Building, Gas, Plumbing and Electrical Permits from the County Safety Codes department. Please be aware that these permits are required for your project in accordance with the Safety Codes Act of Alberta. Please note that a refundable security deposit may be required as part of the Building Permit application. Please call 403.350.2170 for more information.

b) It is the responsibility of the Applicant to adhere to all road bans in accordance with Bylaw 2011/38.

c) Approval for all proposed freestanding signs must be applied for separately. d) The Applicant is responsible for ensuring the subject development shall not

disturb, affect or alter conditions of all utilities and appurtenances, drainage and/or access rights of way, as they exist, over, under, or through the lands.

e) The Applicant is responsible for ensuring all development is outside active utility rights of way.


f) The Applicant is responsible for making suitable arrangements with the utility companies for provision of services and/or necessary easements.

g) The Applicant is responsible for ensuring the yard and buildings be maintained in a neat, tenantable fashion, and all landscaped areas must be kept trimmed and properly maintained, free of prohibited noxious weeds and noxious weeds.

h) The granting of this Permit and compliance with the requirements of this permit and the Land Use Bylaw, does not exempt the applicant from conforming with any other by-law or Act administered by any other agencies or levels of government that may affect the proposed project.

i) Nothing in this approval or the Land Use Bylaw, exempts the Applicant from obtaining a development permit as required by the Land Use Bylaw or from obtaining any other permit, license or other authorization required by the Land Use Bylaw or any other bylaw.

j) In addition to the provisions and requirements of this approval and the Land Use Bylaw, the applicant is also required to comply with all federal, provincial and other municipal legislation.

OR:

b) Postpone the application stating reasons; or c) Deny the application, stating reasons.

4.0 RECOMMENDATIONS

Approve the discretionary use development permit application for an Automotive and Minor Recreation Vehicle Sales and Rentals on Lot: Bldg C, Block: Area A, Plan 0124151 on part of the SE14-37-28-4 subject to the conditions listed in #3 Alternatives (a).

Prepared by: Denise Bedford Senior Development Officer Reviewed by: Dave Dittrick Director of Planning & Development Services Reviewed by: Curtis Herzberg County Manager


SCHEDULE “A”

ADJACENT LANDOWNER REFERRAL LETTER

February 28, 2020

File: D-20-016 «Owner» «Address1»«Address2»«Address3» «Province» Dear Landowner: Legal Description: Lot: Bldg C, Block: Area A, Plan 0124151 Landowner/Applicant: Oakwood Ventures / 1951010 Alberta Ltd. Civic Address: 3508 – 37 Avenue, Springbrook Subject: Discretionary Use – Auto & Minor Rec Vehicles Sales & Rentals As an adjacent landowner, this letter is being sent to inform you that Red Deer County has received a development permit application for a discretionary use for Auto & Minor Recreational Vehicles Sales and Rentals to accommodate a future car dealership. The subject parcel is currently zoned Business Service Airport (BSA). The applicant has applied to redesignate the lot to Business Service Industrial (BSI) in order to accommodate the proposed use. Red Deer County appreciates your feedback at this time. If you have any comments or concerns regarding this proposal, please submit them in writing by quoting File: D-20-016, prior to March 28, 2020. Your comments will be included with the administration report when this application is considered by Red Deer County Municipal Planning Commission (MPC). Information about the date this application will be considered by MPC is available by calling 403.350.2170 or checking the meeting agendas page on the County’s website. Please note that County Administration is not able to respond on an individual basis to feedback received. However, if you require further information or clarification on this application, please contact our office between 8:30 am - 4:30 pm Monday to Friday at 403.350.2170. Municipal Planning Commission (MPC) meetings are open to the public and you are welcome to attend. Once made, the decision on this application will posted on the County’s website at www.rdcounty.ca/172/decisions Sincerely, Red Deer County

Denise Bedford Senior Development Officer [email protected]


http://www.rdcounty.ca/172/decisions

APPLICATION DETAILS:

Purpose of Application: The applicant has applied for a discretionary use development permit application for Auto & Minor Recreational Vehicles Sales and Rentals to accommodate a future car dealership. The subject parcel is currently zoned Business Service Airport (BSA). The applicant has applied to redesignate the subject lot to Business Service Industrial (BSI) in order to accommodate the proposed use. The rezoning application will be considered by County Council in the near future. (First reading being proposed for March 24, 2020). The applicant is proposing to relocate his business onto a larger lot. Proposed Land Use / Lot Description: This land is currently zoned as Business Service Airport (BSA) and is located adjacent to east side of Airport Drive at the Red Deer Regional Airport. This lot contains a building that will be used in conjunction with the business. The business will employ 5 employees and will generate approximately 10 vehicle movements per day. Surrounding Land Use / Environmental Considerations: The surrounding area includes the Hamlet of Springbrook. Highway 2A is located to the east of the Hamlet. This parcel is not located within an environmentally significant area. Statutory Document Information: This parcel is identified within the Intermunicipal Development Plan (City/County) and is identified as the County’s growth area. This parcel also forms part of the Springbrook Major Area Structure Plan (MASP), no amendment to the MASP is required. Offsite levies have been paid.


SCHEDULE “B”

LAND LOCATION MAP


SCHEDULE “C”

LAND LOCATION AERIAL MAPS


SCHEDULE “D”

PHOTOS


SCHEDULE “D”

PHOTOS


May 12, 2020 – Report No. 6.1


Date: May 12, 2020

Memo To: Municipal Planning Commission

From: Planning & Development Services

Subject: SE 20-38-22-4 / 38318 Range Road 224 / 1.62 Hectares (4 Acres)Agricultural Zoning / Division 1 / File No. S-20-018

1.0 PURPOSE

To consider the subdivision of 1.62 hectares (4 acres) from 64.3 hectares (159 acres)within the SE 20-38-22-4, zoned Agricultural District.

2.0 SUMMARY

The Applicant is proposing to subdivide the existing farmstead from the remainder of thequarter section. The proposed subdivision will include a dwelling, farm buildings andservices, such as the septic system and water well.

This parcel is zoned as Agricultural District (AG). The parcel is accessed via Range Road 224. This land is crop/agricultural land with rolling topography. There are several small wetlands within this area of the County. Surrounding quarters are similar in use and most contain a farmstead. This parcel is not identified within an Area Structure Plan, nor an Intermunicipal

Development Plan. This parcel is not located within an Environmentally Significant Area. The Municipal Development Plan supports the subdivision of an established farmstead. This application was referred to internal and external agencies, as well as adjacent

landowners for comments and concerns. To date, the following comments have beenreceived by Planning and Development Services:o Land Management has indicated that road widening has already been taken on

Range Road 224.

3.0 SUITABILITY CHECKLIST PROPOSED LOT

3.1 Consistent with Municipal Development Plan Policy: First parcel out of an unsubdivided ¼ section Yes The parcel contains a farmstead Yes Legal and year round physical access is sufficient to meet the

needs of the proposed use Yes Adjacent to or near quarter section boundaries without

SE 20-38-22-4 (38318 Rge Rd 224 – Division 1) – application to subdivide... Page 16 of 32

jeopardizing agricultural operations on the quarter section Yes Where possible, in close proximity to existing residential parcels or

farmsteads on adjacent quarter sections Yes Along a designated rural residential collector road Yes Respects natural capital and optimizes the use of these assets Yes The parcel can be serviced on-site as per provincial regulations Condition of Approval

4.0 ALTERNATIVES:

4.1 Grant approval for the subdivision. In considering this application, it is deemed that thesubdivision as proposed complies with the Municipal Government Act, the MunicipalDevelopment Plan and the Land Use Bylaw; that it is suitable for the intended purposesand that it will not negatively impact adjacent land uses. Consideration has been given totopography, soil characteristics, access, the use of adjacent lands and the availabilityand adequacy of water supply, sewage disposal, solid waste disposal and storm watermanagement. Therefore, it is recommended that this application to subdivide1.62 hectares (4 acres) from 64.3 hectares (159 acres) within the SE 20-38-22-4, inorder to create one new lot be approved subject to the following conditions:

a) Subdivision to be effected by Plan of Survey.

b) Upon receipt of a Real Property Report from an Alberta Land Surveyor, any existingbuildings shall be deemed to be in compliance with the current land use bylawrequirements; the existing water well shall be fully contained within the newly createdproperty lines. The location of the water well shall be provided with the distance to theseptic system. The Real Property Report shall include all information respecting theexisting septic system including holding tanks. The County requires the septic systemtype be provided, location, all setbacks to new and existing property lines and setbacksto all structures.

c) Submission of a plan by an Alberta certified surveyor confirming the location of thebuildings and water well relative to the new property lines.

d) Payment of all outstanding property taxes or satisfactory arrangements to be made forpayment to Red Deer County.

e) The Applicant shall submit a drainage plan to Red Deer County for review andapprovals.

f) A drainage plan will be required to be submitted and approved by the DevelopmentEngineer.

g) The Applicant shall ensure there is adequate physical access to the new parcel and tothe balance of lands. Whenever Red Deer County requires an existing road access to beupgraded, a caveat will be registered on title to ensure that prior to development of theproperty, the road access will be brought up to County standards.

h) Confirmation shall be provided by a licensed Safety Codes Officer that the existingseptic system conforms to the Alberta Private Sewage Systems Standard of Practice2015, as amended from time to time, which includes that it is fully contained within thenewly created property lines. The Applicant will be required to pay inspection fees inaccordance with the County’s Fee Bylaw.


Notes:

It is the responsibility of the Applicant to adhere to all road bans inaccordance with Bylaw 2011/38.

Please provide a digital copy of Plan of Survey or of Descriptive Plan inAutoCAD format, either by disk or send directly to [email protected]

The developer is responsible for making suitable arrangements with utilitycompanies for provision of all services and/or necessary easements for utilityrights-of-way.

Please be advised as the applicant, it is your responsibility to contact aservice provider regarding telecommunication services to ensure servicingcan be provided to the approved subdivision.

The developer is responsible for making suitable arrangements with CanadaPost for postal service to the new lot(s).

Pursuant to Section 663 of the Municipal Government Act, municipal reservesare not required.

If you have an abandoned water well located on your property, it isrecommended you reclaim the well to the satisfaction of Red Deer County.Funding may be available by contacting the Ag Services Department(Conservation Co-ordinator) at 403-342-8653.

OR:

4.2 Postpone the application pending further information; or4.3 Deny, stating reasons.

5.0 RECOMMENDATIONS:

Approve the subdivision subject to the conditions listed in #4.1.

Prepared by Denise BedfordSenior Development Officer

Reviewed by Dave DittrickDirector of Planning & Development Services

Reviewed by Curtis HerzbergCounty Manager


SCHEDULE “A”

LAND LOCATION MAP


SCHEDULE “B



SCHEDULE “C”

SITE PLAN


SCHEDULE “E”

ADJACENT LANDOWNER REFERRAL AREA


May 12, 2020 – Report No. 6.2


Date: May 12, 2020 Memo To: Municipal Planning Commission From: Planning & Development Services Subject: SE 9-36-3-5 / 36118 Range Road 33 / 64.75 Hectares (160 Acres) / Agricultural (AG)

District / Division 5 / S-20-019

1.0 PURPOSE To consider the subdivision of 2.84 hectares (7.02 acres) from 64.75 Hectares (160 Acres) in the SE 9-36-3-5, zoned Agricultural District.

2.0 SUMMARY

The proposed acreage contains a barn, various outbuildings and the foundation of a previously existing homestead. The homestead burned down in 2018 and has not yet been replaced.

An oil and gas operation is located in the south portion of the remainder of the quarter section.

The subject parcel is accessed via Range Road 33, which is a gravel County standard. The parcel is not located within an Environmentally Significant Area, Area Structure Plan

nor an Intermunicipal Development Plan. Surrounding land use is primarily Agricultural. Red Deer County’s Municipal Development Plan defines a farmstead as, “that portion of

a quarter section that contains a dwelling and related outbuildings, and other improvements including corrals, shelterbelts and driveways”.

Section 3.2.1 a. of the Red Deer County Municipal Development Plan states that “the subdivision of one parcel out of a previously unsubdivided quarter section may only be allowed if the subdivision is required to accommodate an established farmstead, an established value added agricultural industry, a severance, a bare first parcel out subject to Policy 3.2.2.”

The proposed parcel is considered a Bare First Parcel Subdivision as per the Municipal Development Plan (Bylaw 2012/26) which defines a Bare First Parcel Subdivision as “a lot subdivided out from an Unsubdivided Quarter Section, intended for residential purposes that does not contain a dwelling.”

Policy 3.2.2 of the Municipal Development Plan, states “Preservation of agriculture will be the primary objective in all proposals for a Bare First Parcel Subdivision from an Unsubdivided Quarter Section. It is understood that in some special circumstances, a bare first parcel subdivision can assist in the preservation of agricultural operations; however, such circumstances are the exception rather than the norm. As such, in general, bare first parcel subdivision will not be supported. The approval of one and only one bare parcel subdivision for every quarter section will be entirely a discretionary

SE 9-36-3-5 (36118 Rge Rd 33 – Division 5) – application to subdivide 2.... Page 23 of 32

decision on the part of the Subdivision Authority, guided by balancing the interest of the landowner and the impact of the subdivision on the County and public in general…”

Red Deer County Administration noted the following: o A 5.2-metre road widening acquisition is required along the entire eastern boundary

(Range Road 33); o Ensure legal accesses to all proposed lots are provided, which are to be constructed

to Red Deer County Specifications; and o A drainage plan is required.

This application was referred to internal and external agencies, as well as adjacent landowners for comments and concerns. To date, no concerns have been received by Planning and Development Services.

3.0 SUITABILITY CHECKLIST PROPOSED LOT

3.1 Consistent with Municipal Development Plan Policy: First parcel out of an unsubdivided ¼ section Yes The parcel contains a farmstead No Fragmented parcel No The parcel contains a suitable building site Yes Legal and year round physical access is sufficient to meet the

needs of the proposed use Yes Adjacent to or near quarter section boundaries without

jeopardizing agricultural operations on the quarter section Yes Where possible, in close proximity to existing residential parcels or

farmsteads on adjacent quarter sections Yes Along a designated rural residential collector road Yes Respects natural capital and optimizes the use of these assets Yes The parcel can be serviced on-site as per provincial regulations Condition of approval

4.0 ALTERNATIVES:

4.1 Grant approval for the subdivision. 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 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, it is recommended that this application to subdivide 2.84 hectares (7.02 acres) from the SE 9-36-3-5, zoned Agricultural (AG) District, be approved subject to the following conditions:

a) Subdivision to be effected by Plan of Survey or Descriptive Plan.

b) 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 water well shall be fully contained within the newly created property lines. The location of the water well shall be provided with the distance to the septic system. The Real Property Report shall include all information respecting the existing septic system including holding tanks. The County requires the septic system type be provided, location, all setbacks to new and existing property lines and setbacks to all structures.


c) Submission of a plan by an Alberta certified surveyor confirming the location of the buildings and water well relative to the new property lines.

d) Payment of all outstanding property taxes or satisfactory arrangements to be made for

payment to Red Deer County.

e) The Applicant shall submit a drainage plan to Red Deer County for review and approvals.

f) Confirmation of availability and adequacy of a suitable water supply and private sewage

disposal system that complies with applicable standards and regulations.

g) The dedication, by way of an agreement for road widening or future construction, registered as a caveat on the land title, indicating a 5.2 metre widening along the eastern boundary (Range Road 33) of the quarter section for possible future road widening purposes in favour of Red Deer County. A Postponement of Mortgage may all be required, applicable fee will apply.

Notes:

It is the responsibility of the Applicant to adhere to all road bans in accordance with Bylaw 2011/38.

Please provide a digital copy of Plan of Survey or of Descriptive Plan in AutoCAD format, either by disk or send directly to [email protected]

The developer is responsible for making suitable arrangements with utility companies for provision of all services and/or necessary easements for utility rights-of-way.

Please be advised as the applicant, it is your responsibility to contact a service provider regarding telecommunication services to ensure servicing can be provided to the approved subdivision.

The developer is responsible for making suitable arrangements with Canada Post for postal service to the new lot(s).

Pursuant to Section 663 of the Municipal Government Act, municipal reserves are not required.

If you have an abandoned water well located on your property, it is recommended you reclaim the well to the satisfaction of Red Deer County. Funding may be available by contacting the Ag Services Department (Conservation Co-ordinator) at 403-342-8653.

OR:

4.2 Postpone the application pending further information; or 4.3 Deny, stating reasons. 5.0 RECOMMENDATIONS:

Pursuant to the Red Deer County Municipal Development Plan, the approval of one and only one bare parcel subdivision for every quarter section will be entirely a discretionary decision on the part of the Subdivision Authority. As the Subdivision Authority, the Municipal Planning Commission may choose to either: Approve the subdivision subject to the conditions listed in Alternatives #4.1 OR


http://rdc-otweb01/otcsdav/nodes/4434549/gis%40rdcounty.ca

Deny the application to subdivide 2.84 hectares (7.02 acres) from the SE 9-36-3-5, zoned Agricultural District, for the following reason: As the proposed subdivision does not adhere to the overall intent of Section 3,

and Policy 3.2.2 in particular, of the Municipal Development Plan. Prepared by Moira Duley Development Officer Reviewed by Dave Dittrick Planning and Development Director Reviewed by Curtis Herzberg County Manager


SCHEDULE “A”

REFERRAL LETTER April 9, 2020

File: S-20-019 «Owner» «Address1»«Address2»«Address3» «City», «Province» «Postal» Dear Landowner: RE: SUBDIVISION SE 9-36-3-5 / 36118 RANGE ROAD 33 As an adjacent landowner, this letter is being sent to inform you that Red Deer County has received a subdivision application for the subdivision of 2.84 hectares (7.02 acres) from the SE 9-36-3-5, zoned Agricultural District (AG). Red Deer County appreciates your feedback at this time. If you have any comments or concerns regarding this proposal, please submit them in writing by quoting File: S-20-019, prior to May 8, 2020. Your comments will be included with the administration report when this application is considered by the Municipal Planning Commission. Please note: Red Deer County Administration is not able to respond, on an individual basis to feedback received. Should you require further information or clarification on this application, please contact our office between 8:30 am - 4:30 pm Monday to Friday at 403.350.2170. Municipal Planning Commission (MPC) is an open meeting to the public. Please contact Planning and Development if you wish to participate during the meeting. For more information regarding County processes during this time, please visit https://www.rdcounty.ca/585/COVID-19 Sincerely, Red Deer County

Moira Duley Development Officer [email protected]


https://www.rdcounty.ca/585/COVID-19

http://rdc-otweb01/otcsdav/nodes/5006471/referrals%40rdcounty.ca

APPLICATION DETAILS:

Purpose of Application:

To consider the subdivision of 2.84 hectares (7.02 acres) from the SE 9-36-3-5, zoned Agricultural District.

Proposed Land Use / Lot Description:

The proposed subdivision would be considered the first parcel to be subdivided from the quarter section.

The proposed acreage contains a barn, various outbuildings and the foundation of a previously existing homestead. The homestead burned down in 2018 and has not yet been replaced.

An oil and gas operation is located in the south portion of the remainder of the quarter section.

The subject parcel is accessed via Range Road 33, which is a gravel County standard.

Surrounding Land Use / Environmental Considerations:

The subject parcel is not located within an Environmentally Significant Area. Surrounding land use is primarily Agricultural.

Statutory Document Information:

The subject parcel is not located within an Area Structure Plan nor an Intermunicipal Development Plan.


SCHEDULE “B”

LAND LOCATION MAP


SCHEDULE “C”



SCHEDULE “D”

SITE PLAN


SCHEDULE “E”

REFERRAL AREA MAP


Documents

MUNICIPAL PLANNING COMMISSION AGENDA