FOOTHILLS COUNTY March 24, 2021 Location: Foothills County Administration Office 309 Macleod Trail South – High River COUNCIL AGENDA
A. GENERAL MATTERS 1. Call Meeting to Order 2. Approval of the Agenda as Distributed 3. Consideration of Additions to the Agenda 4. Minutes – March 9, 2021 and March 10, 2021 5. Accounts – March 17, 2021 and March 24, 2021
B. PUBLIC WORKS/ENGINEERING
C. PUBLIC HEARINGS & MEETINGS
Theresa Chipchase Pg. 2 10:00 AM *1. Tink/Stuart – NW/SW 21-19-02 W5M – Redesignation (CR to A)
Pg. 13 1:30 PM *2. Delehay/Axley – NW 05-21-29 W4M – Amendment (CR) (Written Submission on Pg. 49 recieved March 22, 2021) Darcy Beaudette & Darlene Roblin Pg. 51 2:30 PM *3. Foothills Patrol 2020 Year End Report
D. MISCELLANEOUS PLANNING ITEMS
Pg. 81 *1. Jamison/Malloy – SW 17-19-02 W5M – Bylaw 52/2020 (2nd & 3rd Reading)
Pg. 86 *2. LZL Properties Inc./Ninaco Auto – NE 08-21-29 W4M – Development Permit 21D 020
Pg. 97 *3. Veldhoen – SW 02-22-29 W4M – Revised Site Plan
Pg. 107 *4. Ironwood Building Corp./Snowden – SE 35-21-02 W5M – Development Permit 21D 026
Pg. 127 *5. Alsa Group Inc. – SW 13-19-29 W4M – Letter of Request and Bylaw 54/2020 (2nd & 3rd Reading)
Pg. 135 *6. High River Regional Airport Ltd.– SW 19-18-28 W4M - Development Permit 21D 035
E. SUBDIVISION APPROVING AUTHORITY ITEMS
F. MISCELLANEOUS MUNICIPAL ITEMS
G. NEW BUSINESS 1. Committee Reports
H. OTHER MATTERS 1. Adjourn 2. Next Meeting – March 31, 2021 3. March Accounts Review – Councillors: D. Miller, R. Siewert, RD McHugh PUBLIC HEARINGS AND MEETINGS PLANNING AND DEVELOPMENT REPORT TO COUNCIL REDESIGNATION March 24, 2021 To be heard at: 10:00 AM
APPLICATION INFORMATION 1. LEGAL DESCRIPTION: NW/SW 21-19-02-W5M (2.65 acre portion) 2. LEGAL DESCRIPTION: NW 21-19-02-W5M (in two parts) 1. LANDOWNER: Randy and Joan Stuart 2. LANDOWNER: Jane Tink 1. AREA OF SUBJECT LANDS: 2.65 acres 2. AREA OF SUBJECT LANDS: 152.12 acres (in two parts) 1. CURRENT LAND USE: Country Residential District 2. CURRENT LAND USE: Agricultural District 1. PROPOSED LAND USE: Agricultural District 2. PROPOSED LAND USE: Agricultural District PROPOSAL: Redesignation of the 2.65 acre portion of NW/SW 21-19-02-W5M (Stuart) from Country Residential District to Agricultural District to allow a future boundary adjustment with the NW 21-19-02-W5M (in two parts) (Tink). DIVISION NO: 2 COUNCILLOR: Delilah Miller FILE MANAGER: Theresa Chipchase
EXECUTIVE SUMMARY: Summary of Proposal Redesignation of the 2.65 acre portion of the NW/SW 21-19-02-W5M from Country Residential District to Agricultural District to allow a future boundary adjustment whereby 110.0 +/- acres is to be subtracted from the NW 21-19-02-W5M (in two parts) and added to the 2.65 acre portion of the NW/SW 21-19-02-W5M. Resulting in one 112.65 +/- acre Agricultural District parcel (NW/SW 21-19-02-W5M) and one 42.12 +/- acre Agricultural District parcel (NW 21-19-02- W5M in two parts). Location The parcels are located directly east of Highway 22 and directly south of the Hamlet of Naptha. Approximately six and one half miles north of the Village of Longview and two and one half miles south of the Town of Black Diamond Access Access to the 2.65 acre portion of the NW/SW 21-19-02-W5M is provided from a driveway, constructed on an undeveloped portion of service road, with direct connection to Highway 22, on the south side of the lot. Access to the remainder of the NW 21-19-02-W5M (in two parts) is provided in two locations, with the driveway to the residence connecting directly to Highway 22 on the west boundary of the parcel and access to the remaining agricultural land obtaining its access from 466th Avenue, directly south of Gibson Street, within the Hamlet of Naptha, on the north boundary of the parcel.
Page 2 Policy Evaluation Reviewed within the terms of the South Saskatchewan Regional Plan, Municipal Development Plan 2010, Growth Management Strategy, and the Land Use Bylaw. Referral Considerations Referred to required Provincial and Municipal bodies as well as all utilities.
PURPOSE OF APPLICATION Bylaw XX/2021 – Council has received an application to further amend the Land Use Bylaw by authorizing redesignation of the 2.65 acre portion of the NW/SW 21-19-02 W5M from Country Residential District to Agricultural District to allow a future boundary adjustment between the 2.65 acre portion of the NW/SW 21-19-02 W5M and the NW 21-19-02 W5M, resulting in one 42.12 +/- acre Agricultural District parcel on Ptn. NW 21-16-02-W5M and one 112.65 +/- acre Agricultural District parcel on Ptn. NW/SW 21-19-02 W5M. NW 21-19-02-W5M QUARTER SECTION BACKGROUND 2014 – The NW 21-19-02-W5M was fragmented with two portions being north of 466th Avenue, further intersected by Gibson Street. The western fragmented piece remains as a portion of the NW 21-19-02-W5M, is approximately one acre in size and would not be considered developable with regards to the required setback distances for Highway 22 and 466th Avenue West. The eastern fragmented piece was subdivided from the quarter in 2014, with roads to the west and south and an undeveloped road allowance to the north along with a utility right of way, the subdivision required setback reductions, a specified building envelope and septic disposal evaluation as conditions of its approval. At 0.75 acres, it was rezoned from Agricultural District to Hamlet Residential Sub-District “A” with an exemption to the District with regards to the requirement for Communal Water and Wastewater. NW/SW 21-19-02-W5M QUARTER SECTION BACKGROUND Prior to any subdivision of either quarter involved in the boundary adjustment, the 2.65 acre portion that straddles both the NW and SW quarters was a rural school site, which eventually became a Country Residential lot, registered in 1976. Further to that, in 1993 a 9.86 acre parcel was subdivided from the SW quarter with access to Highway 22 via a panhandle and a small portion of north/south service road dedication. A portion of the panhandle and the north/south service road dedication were later surveyed out of the title in 2000, all as service road, surveyed into the Highway 22 right of way. This service road portion of the parcel contains driveway accesses to both the applicant’s lands (2.65 acre portion of NW/SW 21-19- 02-W5M) and the 9.86 acre parcel to the east (Plan 9311256, Block 1). SITE CONSIDERATIONS Physiography NW 21-19-02-W5M(Tink) The property consists of grassland terrain utilized for cattle grazing. There is a deep draw to the south east which includes a seasonal creek running west to east through the parcel south of the yard site, which feeds into a large pond on the adjacent lands to the east. The hillsides slope down into the creek through a number of shallow drainage runs from both the north and south boundaries. Groves of aspens and willow skirt the edges of the creek as well as within the south east boundary of the parcel. The yard site within this property resides along the west boundary and includes a residence and a number of outbuildings, the residence is surrounded by poplar groves and spruce trees to the east and west.
Page 3 NW/SW 21-19-02-W5M (Stuart) This is a small acreage property which was once a rural school site. The parcel consists of a small portion of grassland west of the residence and shop on the property with thick groves of poplars along the south boundary and sporadic poplar and spruce tree growth close to the residence and along the west boundary. The landowners fencing along the south boundary would appear to be encroaching into the undeveloped service road right of way. Ms. Tink currently leases a portion of her property to the Stuart family for grazing purposes. CURRENT LAND USE Subject Parcel Agricultural District (NW 21-19-02-W5M - Tink) Country Residential District (2.65 acre NW/SW 21-19-02-W5M - Stuart) Adjacent Lands Country Residential District, Agricultural District Existing Development (Tink) NW 21-19-02-W5M: Includes the following structures: 1688 square foot residence with a 672 square foot attached garage 2100 square foot shop 2135 square foot barn Existing Development (Stuart) 3068 Square foot residence with 1155 square foot attached garage 1550 Square foot shop 160 Square foot shelter 120 Square foot C-Can 120 Square foot C-Can Area Character The parcels reside within an area of predominantly Agricultural lands with pockets of Country Residential development throughout. The surrounding area also contains a number of water bodies, creeks and streams, along with a number of pothole ponds. The parcels are directly south of the Hamlet of Naptha, which consists of Hamlet Residential development and are in close proximity to the services located within the Town of Black Diamond to the north. POLICY EVALUATION South Saskatchewan Regional Plan (SSRP) This proposal is generally aligned with the policy direction of the South Saskatchewan Regional Plan (SSRP). The most relevant policy sections of the SSRP are related to the “efficient use of land”, and the “economy” sections with respect to reducing fragmentation/conversion of agricultural land, utilizing the minimum amount of land necessary for new development and the reduction of land conversion for other uses. Municipal Development Plan Policy 2 and 4 of the Agriculture section of the MDP 2010 discourages the subdivision of agricultural lands even into smaller Agricultural parcels, without thoughtful consideration of the impact the proposed use will have on the existing agricultural users and those of the lands adjacent to the application.
Page 4 Land Use Bylaw The application meets the density requirements and lot size restrictions as set out in Section 12.1.6.2 of the Agricultural District within the County’s Land Use Bylaw. Growth Management Strategy The subject parcel is located within the South Central District. The vision for the South Central District anticipates moderate growth with the majority of that growth proximate to Highway 2 and the Towns of Okotoks and High river. Land use redesignation is to be carefully considered in order to avoid creating land use conflicts particularly with respect to long established agricultural operations. CIRCULATION REFERRALS REFEREE COMMENTS EXTERNAL ATCO Gas No objection to the proposed redesignation The noted subdivision proposal meets the requirements of both Section 14 and 15 of the Regulation, therefore no variances from Alberta Alberta Transportation are required. The department anticipates minimal impact Transportation on the highway from this proposal. Additionally, there is sufficient local road access to the subdivision and the adjacent lands. TELUS Telus Communications has no objection to the proposed redesignation ATCO Pipe ATCO Transmission high pressure pipelines has no objections FORTISAlberta FortisAlberta has no concerns or requirements INTERNAL Public Works Public Works is requesting the following as conditions of subdivision for the NW 21-19-02-W5M (Tink) involved in the adjustment: • 5 meters of road widening by caveat adjacent to the south boundary of 466th Avenue on the north boundary of NW 21-19-02-W5M; • Overland drainage easement to be provided for the creek running west to east through the NW 21-19-02-W5M. Foothills Fire Having reviewed the supporting documentation, it is apparent the Department application is for redesignation of a current land use bylaw. A Fire Inspection will not be required for this application. GIS/Mapping No concerns from an addressing perspective, it would appear as though the small fragmented portion of the NW 21-19-02-W4M, north of 466th Avenue is to remain with the smaller property after the adjustment. PUBLIC Western March 10th and March 17th, 2021 Wheel Landowners No letters submitted prior to submission of this staff report. (Half Mile)
Page 5 SUMMARY Bylaw XX/2021 – Council has received an application to further amend the Land Use Bylaw by authorizing redesignation of the 2.65 acre portion of the NW/SW 21-19-02 W5M from Country Residential District to Agricultural District to allow a future boundary adjustment between the 2.65 acre portion of the NW/SW 21-19-02 W5M and the NW 21-19-02 W5M, resulting in one 42.12 +/- acre Agricultural District parcel on Ptn. NW 21-16-02-W5M and one 112.65 +/- acre Agricultural District parcel on Ptn. NW/SW 21-19-02 W5M. OPTIONS FOR COUNCIL CONSIDERATION OPTION #1 – LAND USE APPROVAL (FIRST READING) Council may choose to grant 1st reading to the redesignation of the 2.65 acre portion of the NW/SW 21-19-02 W5M from Country Residential District to Agricultural District to allow a future boundary adjustment between the 2.65 acre portion of the NW/SW 21-19-02 W5M and the NW 21-19-02 W5M, resulting in one 42.12 +/- acre Agricultural District parcel (NW 21-19-02 W5M) and one 112.65 +/- acre Agricultural District parcel (NW/SW 21-19-02 W5M) for the following reasons: In their consideration of the criteria noted in Agriculture Policy 2 and 4 of the MDP2010, Council is of the opinion that redesignation of the subject lands from Country Residential District to Agricultural District for the purpose of a future boundary adjustment would not be detrimental to the surrounding agricultural uses or to the integrity of the agricultural land base. Council may choose to impose the following suggested conditions with the Land Use approval: Recommended Conditions for Option #1 – Land Use First Reading: 1. Final redesignation application fees to be submitted; 2. Submission of an executed subdivision (boundary adjustment) application and the necessary fees.
OPTION #2 LAND USE REFUSAL Council may choose to refuse the redesignation of the 2.65 acre portion of the NW/SW 21-19- 02 W5M from Country Residential District to Agricultural District to allow a future boundary adjustment between the 2.65 acre portion of the NW/SW 21-19-02 W5M and the NW 21-19-02 W5M, resulting in one 42.12 +/- acre Agricultural District parcel (NW 21-19-02 W5M) and one 112.65 +/- acre Agricultural District parcel (NW/SW 21-19-02 W5M) for the following reasons:
In consideration of Policy 2 and 4 of the Agriculture Section of the MDP2010, Council is of the opinion that the application does not adequately address the intent of the policy with respect to the cumulative effects of the development and the efficient use of the land.
APPENDICES
APPENDIX A: MAP SET: LOCATION MAP HALF MILE MAP – LAND USE HALF MILE MAP – PARCEL SIZES SITE PLAN ORTHO PHOTO
APPENDIX B: PROPOSED BYLAW
Page 6 APPENDIX A: LOCATION MAP
Hwy 22 Hwy 7
Turner Valley/Black Diamond Hwy 546
Hwy543 2
Hwy 22
Hwy 541
Longview
Subject Parcels
Page 7 APPENDIX A: HALF MILE MAP – LAND USE
Subject Parcels
Page 8 APPENDIX A: HALF MILE MAP – LOT SIZES
Subject Parcels
Page 9 APPENDIX A: SITE PLAN
Page 10 APPENDIX A: ORTHO PHOTO
NW 21-19-02-W5M reduced from 152.12 ac. to 42.12 +/- ac. In two parts
NW/SW 21-19-02-W5M increased from 2.65 ac. to 112.65 +/- ac.
Page 11 APPENDIX B: PROPOSED BYLAW
BYLAW XX/2021 BEING A BYLAW OF FOOTHILLS COUNTY TO AUTHORIZE AN AMENDMENT TO THE LAND USE BYLAW NO. 60/2014 AS AMENDED. WHEREAS pursuant to the provisions of the Municipal Government Act, Chapter M-26 Revised Statutes of Alberta 2000, and amendments thereto, the Council of Foothills County in the Province of Alberta, has adopted Land Use Bylaw No. 60/2014 and amendments thereto; AND WHEREAS the Council has received an application to further amend the Land Use Bylaw by authorizing the redesignation of the 2.65 acre portion of the NW/SW 21-19-02 W5M from Country Residential District to Agricultural District to allow for a future boundary adjustment between the 2.65 acre portion of NW/SW 21-19-02 W5M and NW 21-19-02 W5M resulting in one 42.12 +/- acre Agricultural District parcel on Ptn. NW 21-19-02 W5M and one 112.65 +/- acre Agricultural District parcel on Ptn. NW/SW 21-19-02 W5M.
NOW THEREFORE THE COUNCIL ENACTS AS FOLLOWS:
1. Land Use Map No. 1902 is amended by redesignating the 2.65 acre portion of the NW/SW 21-19-02 W5M as Agricultural District.
2. This Bylaw shall have effect on the date of its third reading and upon being signed.
FIRST READING:
______Reeve
______CAO
SECOND READING:
______Reeve
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THIRD READING:
______Reeve
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PASSED IN OPEN COUNCIL assembled at the Town of High River in the Province of Alberta this day of , 20 .
Page 12 PUBLIC HEARINGS AND MEETINGS PLANNING AND DEVELOPMENT REPORT TO COUNCIL LAND USE AMENDMENT March 24, 2021 To be heard at: 1:30 PM
APPLICATION INFORMATION CONCURRENT APPLICATIONS 1. LEGAL DESCRIPTION: Plan 1475LK, Block 9. PTN: NW 05-21-29-W4M 2. LEGAL DESCRIPTION: Plan 9813669, Block 17, PTN: NW 05-21-29-W4M 1. LANDOWNER: William and Tamra Axley 2. LANDOWNER: Joe Delehay AGENT: William Axley 1. AREA OF SUBJECT LANDS: 18.84 acres 2. AREA OF SUBJECT LANDS: 13.38 acres 1. CURRENT LAND USE: Country Residential District 2. CURRENT LAND USE: Country Residential District 1. PROPOSED LAND USE: Country Residential District 2. PROPOSED LAND USE: Country Residential District PROPOSAL: Concurrent applications from Mr. and Mrs. Axley and Mr. Delehay which propose the following: 1. Axley - Amendment to the Country Residential District to allow the future subdivision of three (3) 3.01 +/- acre to 4.16 +/- acre Country Residential District lots, with an approximate 7.64 +/- Country Residential balance parcel and a 3.47 +/- acre Environmental Reserve Easement, from Plan 1475LK, Block 9, PTN: NW 05-21-29- W4M. 2. Delehay - Amendment to the Country Residential District to allow the future subdivision of two (2) new lots one of 3.01 +/- acres and 3.92 +/- acres, with an approximate 6.15 +/- ac Country Residential balance and a 0.94 +/- acre Environmental Reserve Easement, from Plan 9813669, Block 17, PTN: NW 05-21-29-W4M. DIVISION NO: 5 COUNCILLOR: Alan Alger FILE MANAGER: Theresa Chipchase
EXECUTIVE SUMMARY: Summary of Proposal To provide five (5) new 3.01 +/- acre to 4.15 +/- acre Country Residential District lots between the two properties being Plan 1475LK, Block 9, and Plan 9813669, Block 17, both within the NW 05-21-29-W4M, with a 6.15 +/- acre and a 7.64 +/- acre Country Residential balance, Environmental Reserve Easements, and extension of 4th Street East as access to four of the five new lots proposed.
Page 13 Location The parcel is located one half mile north of the Town of Okotoks, one half mile west of Highway 2A (north of Okotoks), with the existing parcels bound by 2nd Street East, 4th Street East and 8th Street East. Access Access is proposed as follows: Plan 1476LK, Block 9 NW 05-21-29-W4M – access to the balance and the proposed 4.15 +/- acre lot for this parcel are to be provided from 8th Street East on the east boundary, with the two additional new lots proposed to be subdivided, to be accessed from a constructed extension to 4th Street East on the west boundary of the parcel. Plan 9813669, Block 17, PTN: NW 05-21-29-W4M – access to the balance for this parcel exists from 2nd Street East on the west boundary, with the two new lots to be subdivided, proposed to be accessed from a constructed extension to 4th Street East on the east boundary of the parcel. Policy Evaluation Reviewed within the terms of the South Saskatchewan Regional Plan, Municipal Development Plan 2010, Section 5 Area Concept Plan, Growth Management Strategy, and the Land Use Bylaw. Reserve Dedication: Environmental Reserve or Environmental Reserve Easement Sections 664(1) and 664(1.1) of the Municipal Government Act, allow the subdivision authority the ability to request environmental reserve or environmental reserve easement, if lands consist of swamps, gully’s, ravines, coulees, or natural drainage, and/or are subject to flooding or abutting the bed and shore of any body of water, in order to preserve the natural features of the land, to prevent pollution of the land, ensure public access to a body of water or prevent development of land where there is a significant risk of personal injury or property damage. Environmental Reserve is provided as a separate parcel identified as ER, to be owned by the County, and maintained in its natural state or used as a park space. Environmental Reserve Easement can be provided as an alternative to Environmental Reserve. With an Easement, the lands are retained by the landowner, are identified as ERE, and provide that the lands are to be maintained and protected by the landowner in their natural state. Further to this, Section 663(a), (b) and (c), provides that should the subdivision be the first parcel out of a quarter section, be larger than 16 hectares, smaller than 0.8 hectares, or reserves have already been provided, that Environmental Reserve or Environmental Reserve Easement “may” not be required. NOTE: Staff respectfully provides that the areas identified on the applicant’s submission with regards to Environmental Reserve Easement would fall within the perimeters identified within Section 664 of the Municipal Government Act, however the easements, as illustrated below in green, may not sufficiently cover the steep terrain and ravine through the parcels as illustrated in the applicant’s submitted contour plan. Revision to the ERE plan may be required.
Further all lots may benefit from the provision of an identified building envelope with specific respect to setbacks to slopes in excess of 15 per cent, driveway construction and the ability to access both sides of those lots separated by the Environmental Reserve Easements.
Page 14 Delehay Axley
Note: Should Council choose to consider Environmental Reserve or Reserve Easement for this application, the applicant has consented to consideration of an Environmental Reserve Easement, as is shown on their contour plan shown above.
ODE
Axley Delehay
Note: The neighboring subdivision, north east of the applicant, includes a registered Overland Drainage Easement for a small portion of drainage through that parcel, which connects to the ravine and drainage on the applicants parcels. Municipal Reserve A deferred reserve covenant was registered on the Delehay title in 1968. The Subdivision Approving Authority may wish to consider the following with regards to the provision of reserves: Reserves to be provided by cash in lieu of land for the subject parcel Plan 1475LK, Block 9, PTN: NW 05-21-29-W4M, in accordance with Sections 666(1) and (2) of the Municipal Government Act, excepting out that portion of the parcel considered as Environmental Reserve or Reserve Easement And Reserves to be provided by cash in lieu of land for the subject parcel being Plan 9813669, Block 17, PTN: NW 05-21-29-W4M, in accordance with Sections 666(1) and (2) of the Municipal Government Act, excepting out that portion of the parcel considered as Environmental Reserve or Reserve Easement.
Page 15 Referral Considerations Referred to required Provincial and Municipal bodies as well as all utilities.
PURPOSE OF APPLICATION 1. Axley - Bylaw XX/2021 – Council has received an application to further amend the Land Use Bylaw by authorizing the amendment of Plan 1476LK, Block 9, Ptn. NW 05-21-29 W4M from the Country Residential District land use rules in order to allow for the future subdivision of three Country Residential District parcels.
2. Delehay – Bylaw XX/2021 – Council has received an application to further amend the Land Use Bylaw by authorizing the amendment of Plan 9813669, Block 17, Ptn. NW 05-21-29 W4M from the Country Residential District land use rules in order to allow for the future subdivision of two Country Residential District parcels. QUARTER SECTION BACKGROUND Section 5 began developing in the 1970’s with the Calgary Regional Planning Commission dividing the section into 20 acres parcels identified at that time as Rural Holding 20’s. Within the 80’s the Municipal District of Foothills under the Subdivision Approving Authority allowed each of the 20-acre parcels to subdivide one five-to-ten-acre parcel when requested by the landowner. The Section 5 Area Concept Plan was then adopted in 1994. Since that time, the general rule of thumb for subdivision of the remaining properties, in accordance with the County’s density policy, has been to allow four lots out of each of the 20-acre parcels until reaching full density for each of the quarter sections. The NW of Section 5 currently has five of the eight twenty-acre parcels within it, subdivided to full density (four lots) with two of the remaining twenty-acre parcels unsubdivided and one twenty-acre parcel with one lot subdivided from it. The subdivisions currently registered within the quarter, range in size from 3.80 acres to 6.10 acres and were subdivided out between 1992 and 2010. Conditions typical to all approvals included proof of water, along with the submission of road improvement fees, high water table testing, building envelopes, septic disposal evaluations and site drainage plans. SITE CONSIDERATIONS Physiography With two applications being applied for concurrently the physiography has been broken out for each of the proposals by legal description and landowner as shown below:
Page 16 Delehay portion of contour plan (Plan 9813669, Block 17, PTN: NW 05-21-29-W4M)
The Delehay parcel includes areas of slightly rolling grasslands surrounding the existing yard site on the property. The lands to the east where the new lots are proposed to be located contains a steep hillside covered in grasslands most of which would be included within the proposed 3.01 +/- acre northern lot, steep slopes in excess of 15% are also present along the east boundary of both the proposed 3.01 +/- acre lot and the 3.92 +/- acre lot, adjacent and through the road development area, these areas are covered in aspen growth. The south 3.92- acre lot contains a considerable amount of additional slope within the lot area, a portion of which is proposed to be provided as environmental reserve easement, as shown on the above contour plan in green. Driveway construction may require engineering for both lots proposed, to ensure that they can be developed in a location suitable due to slopes along their proposed eastern boundary. Axley portion of contour plan (Plan 1475LK, Block 9, PTN: NW 05-21-29-W4M)
The Axley parcel includes very diverse terrain with lowlands to the south east within the proposed balance lot and through a majority of proposed Lot 3, this portion of the parcel is covered in grasslands and would contain a small barn of which the landowners have provided is to be removed from the site. A large portion of the west side of Lot 3 contains a very steep ravine, most of which is proposed to be included in an environmental reserve easement as shown above outlined in green. The applicant’s yard site is to be retained within the balance
Page 17 along the north boundary with the highest point of this parcel located where the residence is situated, the lands from this high point slope sharply in both a northerly and southerly direction to lower grasslands. The yard site is heavily treed with planted spruce and poplar. Lots 2 and 3 for the most part are flat grasslands with portions of a steep aspen covered ravine along the southern boundary of each of the proposed properties. The ravine portions of these lots are proposed to be included within an environmental reserve easement as shown on the portion of the contour plan shown above.
Historically, Environmental Reserve Easements have been obtained through a number of parcels within Section 5 which contain portions of a ravine which exists in the area as well as drainage and ponds. The ERE’s registered through the area are shown below on the mapping in green with the location of the applicant’s parcels outlined in blue.
CURRENT LAND USE Subject Parcels Country Residential District Adjacent Lands Country Residential District, Agricultural District
Page 18 Existing Development 1. Axley (Plan 1475LK, Block 9) Subject Parcel: The subject parcel includes the following structures: • 1729 square foot residence. • 558 square foot attached garage. • 710 square foot barn. (the barn is proposed to be removed) • 1344 square foot accessory building. • 100 square foot garden shed. • 160 square foot shelter.
2. Delehay (Plan 9813669, Block 17) Subject Parcel: The subject parcel includes the following structures: • 1947 square foot residence. • 903 square foot attached garage. • 1948 square foot shop. • 192 square foot gazebo. Area Character The lands lie within an area of dense Country Residential development south and east of the development with Agricultural lands to the west. The amenities of the Town of Okotoks are also located to the southwest as well as Site-Specific Amendment and Direct Control development for commercial purposes adjacent to Highway 2A, one half mile east of the development. POLICY EVALUATION South Saskatchewan Regional Plan (SSRP) This proposal is generally aligned with the policy direction of the South Saskatchewan Regional Plan (SSRP). The most relevant policy sections of the SSRP are related to the “efficient use of land”, “biodiversity and ecosystems”, “community development”, “water” and the “economy” sections with respect to reducing fragmentation/conversion of agricultural land, utilizing the minimum amount of land necessary for new development, protection of important water resources and landscapes and infill of development as well as reducing the conversion of land for other uses. Section 5 AREA CONCEPT PLAN (ACP) On April 14th, 1994, Council adopted by resolution, the Section 5 Area Concept Plan. The Plan was developed to address the opportunities and constraints of future subdivision activity within the Section. The proposal is generally aligned with the policy direction of the Section 5 Area Concept Plan with respect to the Transportation, Environmental and Water sections of the document. The ACP provides the coulee feature through the section should be protected for its environmental significance, that water shortages may be relevant through the area, that near surface water and percolation testing should be completed, that all road designs shall conform to County road construction standards and be paid for by the Developer. The following overall comments provided within the ACP document are also relevant to the proposed development: E. SUMMARY AND RECOMMENDATIONS ii. AREAS BEST LEFT UNDEVELOPED, AREAS WHERE DEVELOPMENT IS POSSIBLE
Page 19 Further redesignation, subdivision and development may occur in the eastern half of the section and all of the NW quarter (subject to surface water table testing and percolation testing). Parcels proposed by redesignation and subdivision must be a minimum of 4.94 acres (based on twenty acres on title) in size. Development density should be evaluated upon topography, water availability, public access and quality of private access. iv. SUMMARY OF SIGNIFICANT PROBLEMS AND POTENTIALS The NW, SE and NE quarter sections are most likely to experience development, redesignation and subdivision. Future applications for subdivision within the NW, SE and NE quarters should be allowable subject to meeting all recommendations for water, roads, and development layout mentioned throughout the study. Municipal Development Plan The application is compliant with the MDP in that it is consistent with the lot sizes and density provisions within the municipality’s Land Use Bylaw 60/2014.
Further it is somewhat compliant with Policies 3 and 9 of the Residential section of the MDP2010 which provide that residential parcels should be developed to be compatible with the surrounding area and existing uses. Providing that the design and infrastructure of residential development considers the agricultural industry, the efficient use of land, the environmental impact and the cumulative effects of development, along with the suitability of the lands for residential use and the conservation of water. Additionally, identifying within Policies 2, 4 and 9 of the Environmental Conservation and Open Space section of the MDP that applications which include such things as wildlife corridors and wetlands should contain measures to ensure that habitat and water resources are maintained or enhanced within the site, and applications within these areas should include such things as dedication of reserves, preservation of vegetation, enhanced setbacks and density reductions. Land Use Bylaw The application meets the density requirements and lot size restrictions as set out in Section 13.1.6.2 of the Country Residential District within the County’s Land Use Bylaw. Growth Management Strategy The subject parcel is located within the Central District. The vision for the Central District identifies that lands which fall within this District are expected to see intensified and significant development. CIRCULATION REFERRALS REFEREE COMMENTS EXTERNAL ATCO Gas No objection to land use application ATCO Pipe ATCO Transmission high pressure pipelines has no objections We have reviewed the plan and determined that no easement is required FortisAlberta by FortisAlberta.
Page 20 CIRCULATION REFERRALS Pursuant to Section 16 of the Regulation, the department is prepared to Alberta grant approval to the subdivision authority to grant a variance of Section Transportation 14 if they choose to do so, at the subdivision stage. INTERNAL Public Works Public Works is requesting the following as conditions of subdivision for all lots proposed without a residence for both landowners: 1. High Water Table Testing for Foundation Design 2. Septic Disposal Evaluation (PSTS); 3. Stormwater Management Plan; 4. Comprehensive Site Drainage Plan; 5. Lot Grading Plan; 6. Building Envelopes. 7. Environmental Reserve Easements Additional recommendations as provided by Public Works to be applied to a subdivision approval for both parcels: • New approaches for proposed parcel shall come from the new internal road designed by a professional engineer. • Balance parcel for Plan 1476LK, Block 9 (Axley) currently has two approaches from 8th Street East, it is recommended that this lot only have one approach, the second approach is to be removed and ditch area restored to its original state with the remaining approach to be upgraded to meet current standards. • There would appear to be a significant amount of natural drainage through the subject parcels. An ERE is recommended shadowing these areas. • The proposed parcels may have a limited building envelopes due to the potential ERE’s. • Building envelopes and highwater table reports are to be submitted by a professional engineer. • Storm water management plan is recommended including the lot grading and comprehensive drainage plan. • Road is to be designed and submitted by a professional APEGA member. • Road is to meet the current Rural Road Standards for construction • It is recommended that the culvert dimensions for the road crossing are designed above the minimum requirements. • Road construction cost estimates will be required along with the proposed road design. • Public Works recommends the applicant provide a financial contribution towards Public Works also recommends that a financial contribution be provided as a condition for both applications which is to go towards the future road construction or reconstruction requirements for the existing portion of 4th Street, to be imposed to the discretion of Council.
Page 21 CIRCULATION REFERRALS The County’s requirements for Road Construction are as follows: 1) Providing Security for 125% of the total cost of construction; 2) Proof of Liability Insurance; 3) Engineered Road design and Construction cost estimates; 4) Environmental approval – Alberta Environment and Parks (AEP); 5) County Engineering Review Fees.
Foothills Fire A fire inspection will not be required for this application. However, the Department following should be taken into consideration prior to development/construction on property. • Construction Safety Plan submitted prior to any construction; • Addresses of all property/residences clearly posted; • Ensure access for fire department apparatus as per the Fire Code 2.5.1.1/Building Code 3.2.5.6. GIS/Mapping No concerns from an addressing perspective Please advise the applicant, that at the time of subdivision, the existing address of 206030 96th Street W will be required to be changed to reflect the new access off of 206th Ave. W. PUBLIC Western March 10th and March 17th, 2021 Wheel Landowners Letter of support submitted by applicant attached as part of Appendix B (Half Mile)
SUMMARY 1. Axley - Bylaw XX/2021 – Council has received an application to further amend the Land Use Bylaw by authorizing the amendment of Plan 1476LK, Block 9, Ptn. NW 05-21-29 W4M from the Country Residential District land use rules to allow for the future subdivision of three Country Residential District parcels.
2. Delehay – Bylaw XX/2021 – Council has received an application to further amend the Land Use Bylaw by authorizing the amendment of Plan 9813669, Block 17, Ptn. NW 05-21-29 W4M from the Country Residential District land use rules to allow for the future subdivision of two Country Residential District parcels. OPTIONS FOR COUNCIL CONSIDERATION OPTION #1 BYLAW XX/2021 (AXLEY) – LAND USE FIRST READING APPROVAL Council may choose to grant 1st reading to the application for amendment to the Country Residential Land Use District to allow the future subdivision of three Country Residential District parcels, with Environmental Reserve Easement dedication, external road construction and an approximate 7.64 +/- Country Residential balance parcel, all within Plan 1475LK, Block 9, PTN: NW 05-21-29-W4M. In their consideration of the criteria noted in Residential Policy 3 and 9 of the MDP2010, Council is of the opinion that the lands are suitable for the intended residential use and that the
Page 22 application falls within the density provisions and lot size restrictions of the Country Residential District within the County’s Land Use Bylaw. Staff suggests Country Residential Sub-District “A” for the three (3) new 3.01 +/- acre to 4.15 +/- acre Country Residential District lots, to ensure that the recommendations and restrictions as outlined in the building envelopes, high water table testing, septic disposal evaluations, comprehensive site drainage plans, storm water management plan, and lot grading plans, (provided as conditions of subdivision) are complied with to the satisfaction of the Public Works department. A completion certificate by a Professional Engineer verifying that all aspects of the noted reports have been met, may be required. Council may also wish to require a $5000.00 deposit as a pre-release condition to ensure compliance of all conditions of the development permit. Council may choose to impose the following suggested conditions with the Land Use approval: Recommended Conditions for Option #1: 1. Applicant to fully execute and comply with all requirements as outlined within a Development Agreement for the purposes of all external road construction, Provincial requirements (water crossing), stormwater management, grading, drainage and payment of the community sustainability fee and/or contributions to 4th Street East and any other necessary municipal and on-site improvements as required by Council and/or the Public Works department; 2. Proof of adequate water supply provided for all three (3) new 3.01 +/- acre to 4.15 +/- acre proposed lots, in accordance with the Provincial Water Act, to the satisfaction of the County; 3. Site plan to be provided which identifies building envelopes, for all three (3) new 3.01 +/- acre to 4.15 +/- acre proposed lots, which meet the requirements as outlined in Policy 9 under the Residential section of the MDP2010 to the satisfaction of the Public Works department, as a condition of subdivision; 4. Septic Disposal Evaluations, for all three (3) new 3.01 +/- acre to 4.15 +/- acre proposed lots, to the satisfaction of the Public Works department, as a condition of subdivision; 5. Storm Water Management Plan to be provided for the subject lands, to the satisfaction of the Public Works department, as a condition of the subdivision approval; 6. Comprehensive Site Drainage Plan to be provided for the subject lands, to the satisfaction of the Public Works department, as a condition of subdivision; 7. Lot Grading Plans to be provided for the subject lands, to the satisfaction of the Public Works department, as a condition of subdivision; 8. Geotechnical Report completed in accordance with Municipal standards to be provided for high water table testing for the three (3) new 3.01 +/- acre to 4.15 +/- acre proposed lots, to the satisfaction of the Public Works department, as a condition of subdivision; 9. Environmental Reserve Easement agreement to be fully executed and to be registered by right of way plan, concurrently with the Plan of Survey, as a condition of the subdivision; 10. Final redesignation application fees to be submitted; 11. Submission of an executed subdivision application and the necessary fees.
Page 23 OPTION #1 BYLAW XX/2021 (DELEHAY) – LAND USE FIRST READING APPROVAL Council may choose to grant 1st reading to the application for amendment to the Country Residential Land Use District to allow the future subdivision of two Country Residential District parcels, with Environmental Reserve Easement dedication, external road construction and an approximate 6.15 +/- Country Residential balance parcel, all within Plan 9813669, Block 17, PTN: NW 05-21-29-W4M. In their consideration of the criteria noted Residential Policy 3 and 9 of the MDP2010, Council is of the opinion that the lands are suitable for the intended residential use and that the application falls within the density provisions and lot size restrictions of the Country Residential District within the County’s Land Use Bylaw. Staff suggests Country Residential Sub-District “A” for the two (2) new 3.01 +/- acre and 3.93 +/- acre Country Residential District lots, to ensure that the recommendations and restrictions as outlined in the building envelopes, high water table testing, septic disposal evaluations, comprehensive site drainage plans, storm water management plan, and lot grading plans, (provided as conditions of subdivision) are complied with to the satisfaction of the Public Works department. A completion certificate by a Professional Engineer verifying that all aspects of the noted reports have been met, may be required. Council may also wish to require a $5000.00 deposit as a pre-release condition to ensure compliance of all conditions of the development permit. Council may choose to impose the following suggested conditions with the Land Use approval:
Recommended Conditions for Option #1: 1. Applicant to fully execute and comply with all requirements as outlined within a Development Agreement for the purposes of all external road construction, Provincial requirements (water crossing), stormwater management, grading, drainage and payment of the community sustainability fee and/or contributions to 4th Street East and any other necessary municipal and on-site improvements as required by Council and/or the Public Works department; 2. Proof of adequate water supply provided for the two (2) new 3.01 +/- acre and 3.93 +/- acre proposed lots, in accordance with the Provincial Water Act, to the satisfaction of the County; 3. Site plan to be provided which identifies building envelopes, for the two (2) new 3.01 +/- acre and 3.93 +/- acre proposed lots, which meet the requirements as outlined in Policy 9 under the Residential section of the MDP2010 to the satisfaction of the Public Works department, as a condition of subdivision; 4. Septic Disposal Evaluations, for the two (2) new 3.01 +/- acre and 3.93 +/- acre proposed lots, to the satisfaction of the Public Works department, as a condition of subdivision; 5. Storm Water Management Plan to be provided for the subject lands, to the satisfaction of the Public Works department, as a condition of the subdivision approval; 6. Comprehensive Site Drainage Plan to be provided for the subject lands, to the satisfaction of the Public Works department, as a condition of subdivision; 7. Lot Grading Plans to be provided for the subject lands, to the satisfaction of the Public Works department, as a condition of subdivision; 8. Geotechnical Report completed in accordance with Municipal standards to be provided for high water table testing for the two (2) new 3.01 +/- acre and 3.93 +/- acre proposed lots, to the satisfaction of the Public Works department, as a condition of subdivision; 9. Environmental Reserve Easement agreement to be fully executed and to be registered by right of way plan, concurrently with the Plan of Survey, as a condition of the subdivision;
Page 24 10. Final redesignation application fees to be submitted; 11. Submission of an executed subdivision application and the necessary fees.
OPTION #2 (AXLEY) – LAND USE REFUSAL Council may choose to refuse the application for amendment to the Country Residential Land Use District to allow the future subdivision of three Country Residential District parcels, with Environmental Reserve Easement dedication, external road construction and an approximate 7.64 +/- Country Residential balance parcel, all within Plan 1475LK, Block 9, PTN: NW 05-21- 29-W4M for the following reasons. In consideration of the criteria noted within Residential Policies 3, 9 and 11 of the MDP2010, Council is of the opinion that the application does not adequately address the intent of the policy with respect to the cumulative effects of the development, the efficient use of the land and the suitability of the lands for future development.
OPTION #2 (DELEHAY) – LAND USE REFUSAL Council may choose to refuse the application for amendment to the Country Residential Land Use District to allow the future subdivision of two Country Residential District parcels, with Environmental Reserve Easement dedication, external road construction and an approximate 6.15 +/- Country Residential balance parcel, all within Plan 9813669, Block 7, PTN: NW 05-21- 29-W4M, for the following reasons: In consideration of the criteria noted within Residential Policies 3, 9 and 11 of the MDP2010, Council is of the opinion that the application does not adequately address the intent of the policy with respect to the cumulative effects of the development, the efficient use of the land and the suitability of the lands for future development.
APPENDICES
APPENDIX A: MAP SET: LOCATION MAP HALF MILE MAP – LAND USE HALF MILE MAP – PARCEL SIZES SITE PLANS ORTHO PHOTO
APPENDIX B: LANDOWNER/AGENT SUBMISSION
APPENDIX C: PROPOSED BYLAWS
Page 25 APPENDIX A: LOCATION MAP
Hwy 552
Hwy 552 Hwy 2A
Hwy 549 Hwy 2
Okotoks Hwy 547
Hwy 7
Black Diamond
Subject Parcels
Page 26 APPENDIX A: HALF MILE MAP – LAND USE
Subject Parcels
Page 27 APPENDIX A: HALF MILE MAP – LOT SIZES
Subject Parcels
Page 28 APPENDIX A: SITE PLAN
Page 29 APPENDIX A: SITE PLAN (WITH AERIAL PHOTO)
Page 30 APPENDIX A: SITE PLAN (AERIAL WITH CONTOURS)
Page 31 APPENDIX A: SITE PLAN (AERIAL WITH ERE)
Page 32 APPENDIX A: ORTHO PHOTO
Delehay Axley
Page 33 APPENDIX B: LANDOWNER/AGENT SUBMISSION
Page 34 Page 35 Page 36 Page 37 Page 38
Page 39
Page 40
Page 41
Page 42 Page 43 Page 44 Page 45 Page 46 APPENDIX C: PROPOSED BYLAW (AXLEY) BYLAW XX/2021
BEING A BYLAW OF FOOTHILLS COUNTY TO AUTHORIZE AN AMENDMENT TO THE LAND USE BYLAW NO. 60/2014; AS AMENDED.
WHEREAS pursuant to the provisions of the Municipal Government Act, Chapter M-26 Revised Statutes of Alberta 2000, and amendments thereto, the Council of Foothills County in the Province of Alberta, has adopted Land Use Bylaw No. 60/2014 and amendments thereto;
AND WHEREAS the Council has received an application to further amend the Land Use Bylaw by authorizing the amendment of Plan 1476LK, Block 9, Ptn. NW 05-21-29 W4M from the Country Residential District land use rules in order to allow for the future subdivision of three Country Residential District parcels.
NOW THEREFORE THE COUNCIL ENACTS AS FOLLOWS:
1. Under SECTION 13.0.0 COUNTRY RESIDENTIAL DISTRICT, the following shall be added under Part 8 Bylaw Amendments: Plan 1476LK, Block 9, Ptn. NW 05-21-29 W4M within which shall allow for the future subdivision of three Country Residential District Parcels 2. This Bylaw shall have effect on the date of its third reading and upon being signed.
FIRST READING:
______Reeve
______CAO
SECOND READING:
______Reeve
______CAO
THIRD READING:
______Reeve
______CAO
PASSED IN OPEN COUNCIL assembled at the Town of High River in the Province of Alberta this day of 20 .
Page 47 APPENDIX C: PROPOSED BYLAW (DELEHAY) BYLAW XX/2021
BEING A BYLAW OF FOOTHILLS COUNTY TO AUTHORIZE AN AMENDMENT TO THE LAND USE BYLAW NO. 60/2014; AS AMENDED.
WHEREAS pursuant to the provisions of the Municipal Government Act, Chapter M-26 Revised Statutes of Alberta 2000, and amendments thereto, the Council of Foothills County in the Province of Alberta, has adopted Land Use Bylaw No. 60/2014 and amendments thereto;
AND WHEREAS the Council has received an application to further amend the Land Use Bylaw by authorizing the amendment of Plan 9813669, Block 17, Ptn. NW 05-21-29 W4M from the Country Residential District land use rules in order to allow for the future subdivision of two Country Residential District parcels.
NOW THEREFORE THE COUNCIL ENACTS AS FOLLOWS:
1. Under SECTION 13.0.0 COUNTRY RESIDENTIAL DISTRICT, the following shall be added under Part 8 Bylaw Amendments: Plan 9813669, Block 17, Ptn. NW 05-21-29 W4M within which shall allow for the future subdivision of two Country Residential District Parcels 2. This Bylaw shall have effect on the date of its third reading and upon being signed.
FIRST READING:
______Reeve
______CAO
SECOND READING:
______Reeve
______CAO
THIRD READING:
______Reeve
______CAO
PASSED IN OPEN COUNCIL assembled at the Town of High River in the Province of Alberta this day of 20 .
Page 48 Page 49 Page 50 Foothills Patrol
YEAR END REPORT 2020
Page 51 SHARED SERVICES AGREEMENT WITH HIGH RIVER
2 Officers designated for the Town of High River received their appointment to CPO level 1 status.
Both Officers are now authorized to enforce Provincial regulations, including traffic enforcement.
County Officers are no longer required to supplement and provide 10 hours per week traffic enforcement in the Town of High River.
Workload continues to increase for supervisors and admin support staff.
Page 52 Emergency Services Manager Darlene Roblin Staffing & Manager Foothills Patrol Personnel Darcy Beaudette
Operational Supervisor 2020 Clayton Terletski
CPO 1 – Municipal Enforcement Kevin Bridge CPO 1 – Municipal Admin Support Enforcement (HR) 1.0 FTE Tyler Bridge Kristine Bencharski CPO 1 – Municipal Enforcement Blair Zinkhan CPO 1 – Municipal Admin Support Enforcement (HR) 0.8 FTE Austin Kesler Corinne Wight CPO 1 – Municipal Enforcement Brett Anderson Summer Position CPO 1 – Municipal (June-Aug) Enforcement Theresa Chipchase Adam Reiter
Page 53 PROFESSIONAL DEVELOPMENT
ENFORCEMENT - Full Courses
Commercial Vehicle Safety Alliance (CVSA) – 2 Officers
Radar/Lidar Operations Course – 2 Officers
Emergency Vehicle Operations Course (EVOC) – 2 Officers
Threat Pattern Recognition/Officer Safety – 2 Officers
Page 54 PROFESSIONAL DEVELOPMENT
ENFORCEMENT - Recertifications
Threat Pattern Recognition / Officer Safety
Knife Defense / Ground Fighting
Shotgun
Commercial Vehicle Safety Alliance (CVSA)
Page 55 PROFESSIONAL DEVELOPMENT
EMERGENCY MANAGEMENT
Basic Emergency Management (BEM)
Incident Command System (ICS100)
Remotely Piloted Aircraft System (RPAS) Recency
OTHER COURSES
First Aid / AED / CPR
Hazmat Suit Orientation
Legal Studies Page 56 In response to the COVID-19 Pandemic and Provincial State of Emergency under the Public Health PUBLIC Act (PHA), during March 2020. HEALTH Community Peace Officers with AUTHORITIES Level 1 appointments (CPO1’s) were granted authorities to enforce the PHA to ensure voluntary compliance with the Orders and, where necessary, issue fines.
Under the Peace Officer Act, these enforcement duties were mandatory and applied to all uniformed CPO1’s.
Page 57 Traffic enforcement is an integral part of the services provided by Foothills Patrol Community Peace Officers.
New in 2020, the Province of Alberta permitted Community Peace Officers to conduct traffic enforcement duties on primary highways.
Providing safe and healthy communities by protecting the motoring public and local infrastructure through traffic enforcement has been and will continue to be a high priority for Foothills County.
PRIMARY HIGHWAYS
Page 58 TRAFFIC ENFORCEMENT
Majority of workload is self-generated and proactive in nature
Private passenger vehicle enforcement Busiest between March and November annually Weather dependent during winter months in particular
Commercial vehicle enforcement: Busiest when road bans are in place – typically March / April / May annually Time consuming work, requires specific commitment of resources to address road bans, general weight enforcement in order to be successful
Collisions / emergencies occur throughout the year and our officers respond to assist when possible Page 59 MUNICIPAL ENFORCEMENT
Municipal enforcement and animal control activities are reactive / complaint driven
Municipal Enforcement CPO’s dedicate significant time and resources assisting Development Officers by
Conducting site inspections relating to complaints Posting stop orders Providing security / escorts for Development Officers Assisting with drafting of Affidavits for Court purposes
Page 60 TICKETS & INVESTIGATIONS
10.75% Decrease in Tickets Issued 0.92% Decrease in Complaints / Investigations
Investigative Files 540 Tickets 805
Page 61 DECREASED VIOLATION TICKETS
During the months of March, April and May, due to the COVID-19 Pandemic. There was NO traffic to very little traffic enforcement. There was a considerable decrease in ticket writing during the lock down. Foothills Patrol members have committed to a gradual return.
153
107
86 88 78 74
53 55 55 39
12 5
JAN FEB MAR APR MAY JUNPage 62 JUL AUG SEP OCT NOV DEC TICKETS ISSUED 2016 - 2020
1492
1238
993 902 805
2016 2017 2018 2019 2020
Page 63 1 Total Number of Tickets Issued: 805
Total Fine Amount Written* : $224, 002.00 *Does not include fines levied by the Courts for Mandatory Court Appearance BREAKDOWN OF tickets TICKET STATISTICS Mandatory Court Appearance Tickets Issued**: 35 **Charges include: Speeding, Drive Without Insurance, Drive While Suspended and some Bylaw Offences
Page 64 COMPARATIVE STATISTICS
10.75% decrease in total tickets issued compared to 2019
Fine amount written of $224, 002.00
Fine amount written showed a $31,657.00, decrease compared to 2019
35 Mandatory Court appearance tickets issued, increase since 2019.
Page 65 2020 TICKETS - BREAKDOWN
Speeding - 615
Other Provincial Offences - 172 Bylaw Offences - 18 Page 66 SPEEDING TICKETS MANDATORY COURT VS. GENERAL
Speeding - General: 591
Speeding - Mandatory Page 67 Court: 21 EXTREME SPEEDS….
Highest overall speed in 2020 182 km/h - Highway #540
Highest amount over posted limit in 2020: 100 km/h over posted 80 km/h limit on 176 ST W & 370 AVE (180 km/h in posted 80 zone)
Page 68 HWY 783 1
176 ST W 1 MANDATORY COURT HWY 2 1 SPEEDING TICKETS 192 ST W 1 HWY 546 1 BY LOCATION - 2020 88 ST 1
DUNBOW RD 1
32 ST E 1
HWY 2A 2
HWY 22 3
HWY 552 E 4
HWY 540 4 Page 69 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 OTHER PROVINCIAL TICKETS ISSUED Unregistered Vehicle / Trailer - 32 Improper / Fail Produce Documents -27 Driver Not Licenced - 13 Drive Uninsured Vehicle - 10 Fail to Stop at Stop Sign/Crosswalk - 10 Commercial Vehicle - 10 Gaming, Liquor & Cannabis -8 Improper Use Lamps - 7 Drive Careless/Stunting- 7 Learner Driver Fail to Comply - 7 Improper / Misuse of Licence Plate - 6 Fail to Obey Traffic Control - 6 Crossing Double Solid Lane - 5 Distracted Driving - 3 Drive without Seatbelt - 4 Fail to Drive Centre Lane - 4 Drive while Unauthorized -6 Fail to Change Name/Address - 3 Vehicle Equipment Violations - 4 Non Compliant Window Glaze - 2 Unsafe Turn -1
Page 70 Fail to Stop for Peace Officer, Direction- 1 Follow to Closely - 1 BYLAW TICKETS ISSUED
Dog Run at Large - 6
Park in Fire Lane - 3
Dog Injure / Kill other Domestic Animal - 3
Fail to Comply Stop Order - 2
Community Standards - 1
Dog Fail to Obey Care & Control - 1
Fail to Remove Animal Feces - 1
Dog Bark / Howl Cause Disturbance - 1
Page 71 INVESTIGATIVE FILES - BYLAW
Business Licence - 7
Sign Bylaw - 8
Traffic - 10
Inquiry Bylaws - 11
Dark Sky Bylaw - 15
Assist Development - 17
Community Standards - 51
Land Use - 96
Responsible Dog Ownership - 104
0 20 Page 72 40 60 80 100 120 INVESTIGATIVE FILES - PROVINCIAL
Passing School Bus -1 Inquiry Prov Statutes - 1 Officer Safety - 2 Arrest - 2 Gaming, Liquor & Cannabis - 3 Garbage & Litter - 3 Hwy Development & Protect - 3 Trespassing - 4 Suspended Driver - 6 Animal Protection Act - 6 Public Health Act - 8 Off Highway Vehicles - 8 Commercial Vehicle - 9 Abandoned Vehicle - 9 Parking - 11 Driving - Other - 13 Request for Patrols - Speeding - 15 Motor Vehicle Collisions - 19 Request for Patrols - General - 38 Page 73 0 5 10 15 20 25 30 35 40 ADMINISTRATIVE & ASSIST FILES
Assist Public - 1
Assist Other
Exhibit Files - 10
Assist Other County Department - 4
Assist Fire - 11
Flagging Submission
Assist Police - 8
Court Brief / Trial Files - 58
Page 74 0 5 10 15 20 25 30 35 40 COMMERCIAL VEHICLE SAFETY ALLIANCE (CVSA) INSPECTIONS
Traffic Enforcement Officers are certified CVSA Inspectors who are required to complete 32 safety inspections on commercial vehicles each year to maintain their certification
Safety Inspections are completed within the County, local communities (Okotoks, High River) and at regional Joint Force Operations
Page 75 Deployment of 2 speed trailers for collection of statistical data.
Including areas of concern related to specific Patrol Files, example: Hogg Park Campground SUMMER ENFORCEMENT Signage Collection, notifying POSITION owners and provide education regarding signage bylaws.
Assistance provided to CPO’s with Land Use Bylaw information.
Page 76 SPEED TRAILER Deployment of the speed trailer focused on areas of concern documented in the 2020 statistical reports, including:
Priddis Valley Rd
Priddis Greens Dr.
Dunbow Rd
32 ST E
192 ST W
Various Construction Zones within Foothills County
Page 77 Foothills Patrol members continue to fill key roles within the County’s Emergency Management Program EMERGENCY MANAGEMENT
Clayton Terletski – DEM Darcy Beaudette – D/DEM Darlene Roblin – D/DEM & Media / Public Information Lead Kevin Bridge – Liaison Officer (Primary) Blair Zinkhan – Liaison Officer (Secondary) & UAV (Drone Operator) Brett Anderson – UAV (Drone Operator) Adam Reiter – Information Officer Kristine Bencharski – Information Officer
Page 78 Foothills Patrol Team Members
ENGAGED - DEDICATED - PROFESSIONAL
805 Tickets Issued
597 Investigations Concluded
Formal Public Complaints = NONE
Page 79 Mission: To provide professional law enforcement services that increase public safety and enhance vibrant communities
Thank you for your continued support…
Page 80 MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL 2ND AND 3RD READING TO BYLAW 52/2020 AS AMENDED March 24, 2021 APPLICATION INFORMATION File No. 20R019 LEGAL DESCRIPTION: PTN. SW 17-19-02 W5M LANDOWNERS: Adam & Rowen Jamison; Patricia Malloy AGENT: Township Planning + Design Inc. AREA OF SUBJECT LANDS: 136.15 acres PROPOSED LAND USES: Country Residential CURRENT LAND USE: Agricultural District & Agricultural Sub-district “A” District with a Site Specific Amendment NUMBER & SIZE OF PROPOSED NEW PARCELS: 1 x 5.0 +/- acre parcel FILE MANAGER: Brenda Bartnik PROPOSAL: Application for the redesignation of a portion of SW 17-19-02 W5M from Agricultural District to Country Residential District in order to allow the future subdivision of one 5.0 +/- acre Country Residential District parcel with a 131.5 +/- acre Agricultural Sub- district ‘A’ balance that includes a Site Specific Amendment allowing for all development included under section 4.2 (No Development Permit Required) of Land Use Bylaw 60/2014 without the benefit of a Development Permit; excepting the construction of a second Dwelling, Single Family or placement of a Dwelling, Manufactured Home, or Dwelling, Mobile Home on a lot of 80 acres or more in size; which will not be permitted. DIVISION NO: 2 COUNCILLOR: Delilah Miller FILE MANAGER: Brenda Bartnik PURPOSE OF REQUEST: Request for Council to: 1. Acknowledge an amendment to the motion granted at 1st reading under Bylaw 52/2020 to provide for clarification in the approval decision and description; and 2. Provide 2nd and 3rd reading to Bylaw 52/2020 as amended. BACKGROUND: October 14, 2020: Council gave first reading to Bylaw 52/2020 to authorize the redesignation of a portion of SW 17-19-02 W5M from Agricultural District to Country Residential District in order to allow for the future subdivision of one 5.0 +/- acre Country Residential District parcel with a 131.15 +/- acre Agricultural Sub-District “A” balance and a Site Specific Amendment of the Agricultural District land use rules to ensure a second residence is not permitted to be constructed within the 131.15 +/- acre Agricultural Sub-District “A” balance parcel.
The 131.15 +/- acre balance parcel will be designated as Agricultural Sub-District “A” for the purpose of ensuring that future development of a second residence does not occur.
In their consideration of the criteria in policies 3 and 9 of the MDP2010, Council is of the
Page 81 opinion that the lands are suitable for the intended use. Further, the application falls within the density provisions and lot size restrictions of the County’s Land Use Bylaw.
Further, as part of this approval, Council acknowledges the following: 1. Council acknowledges the existing 891 sq. ft. single family dwelling within the proposed +/-5.0 acre Country Residential District parcel as an existing non-conforming building as it is under the minimum size required for a residence on a Country Residential District parcel.; 2. Council acknowledges the location of the existing greenhouse within the proposed +/- 5.0 acre Country Residential District parcel and it is allowed to remain as long as it is fully contained within the boundaries of the property subsequent to any future road widening being taken. All other development is required to meet County setback requirements. Further, the landowner is required to provide a Real Property Report or an ‘as built’ drawing signed and sealed by an Alberta Land Surveyor, certifying the location of the existing greenhouse within the boundaries of the +/- 5.0 acre parcel and it’s current setback to the west property line as a condition of subdivision; 3. Council acknowledges the five personal use accessory buildings and shelter that exist within the proposed +/-5.0 acre Country Residential District parcel;
Prior to further consideration of the bylaw, the following conditions are required to be met:
1. Landowners are to fully execute and comply with all requirements as outlined within the Municipal Development Agreement for the purposes of payment of the community sustainability fee and any other necessary municipal and on-site improvements as required by Council and the Public Works department; 2. Submission of a revised site plan that includes: a. setback distances for the boundaries of the proposed +/- 5.0 acre Country Residential District parcel from existing pipeline right-of-ways and wellheads b. type of septic field and setback distances from the proposed property boundaries for the existing septic field 3. Final redesignation application fees to be submitted; 4. Submission of an executed subdivision application and the necessary fees. 5. The applicant shall make the necessary application to bring the existing Home Based Business on the property into compliance with the Land Use Bylaw 60/2014.
Staff is requesting Council’s consideration to amend the motion of first reading in order to provide clarification with respect to the approval decision description. The suggested amendments are shown below in red text:
Council gave first reading to Bylaw 52/2020 to authorize the redesignation of a portion of SW 17-19-02 W5M from Agricultural District to Country Residential District in order to allow for the future subdivision of one 5.0 +/- acre Country Residential District parcel with a 131.15 +/- acre Agricultural Sub-District “A” balance and a Site Specific Amendment of the Agricultural District land use rules to ensure a second residence is not permitted to be constructed within the 131.15 +/- acre Agricultural Sub-District “A” balance parcel and including a Site Specific Amendment allowing for all development included under section 4.2 (No Development Permit Required) of Land Use Bylaw 60/2014 without the benefit of a Development Permit; excepting the construction of a second Dwelling, Single Family or placement of a Dwelling, Manufactured Home, or Dwelling, Mobile Home on a lot of 80 acres or more in size; which will not be permitted.
Page 82
As part of this approval Council acknowledged:
The 131.15 +/- acre balance parcel will be designated as Agricultural Sub-District “A” for the purpose of ensuring that future development of a second residence dwelling does not occur.
In their consideration of the criteria in policies 3 and 9 of the MDP2010, Council is of the opinion that the lands are suitable for the intended use. Further, the application falls within the density provisions and lot size restrictions of the County’s Land Use Bylaw.
Further, as part of this approval, Council acknowledges the following: 1. Council acknowledges the existing 891 sq. ft. single family dwelling within the proposed +/-5.0 acre Country Residential District parcel as an existing non-conforming building as it is under the minimum habitable area for a dwelling size required for a residence on a Country Residential District parcel.; 2. Council acknowledges the location of the existing 3.20m x 6.21m greenhouse within the proposed +/- 5.0 acre Country Residential District parcel and it is allowed to remain 12.10m from the west property line, as has been illustrated within an Alberta Land Surveyor’s Real Property Report File Number: 120185rpr Maidment Land Surveys Ltd. dated December 9, 2020; as long as it is fully contained within the boundaries of the property subsequent to any future road widening being taken. All other development is required to meet County setback requirements. Further, the landowner is required to provide a Real Property Report or an ‘as built’ drawing signed and sealed by an Alberta Land Surveyor, certifying the location of the existing greenhouse within the boundaries of the +/- 5.0 acre parcel and it’s current setback to the west property line as a condition of subdivision; 3. Council acknowledges the five six (6) personal use accessory buildings and metal shelter that exist within the proposed +/-5.0 acre Country Residential District parcel.
CONDITIONS TO BE MET AT REDESIGNATION: All conditions as set forth at first reading have been complied with. COUNCIL ACTION REQUESTED: Should Council choose to support the amendments to Bylaw 52/2020 to provide for clarification in the approval decision and description, Council is respectfully requested to consider granting 2nd and 3rd reading to Bylaw 52/2020 as amended authorizing the redesignation of a portion of SW 17-19-02 W5M from Agricultural District to Country Residential District in order to allow the future subdivision of one 5.0 +/- acre Country Residential District parcel with a 131.15+/- acre Agricultural Sub-district “A” balance that includes a Site Specific Amendment on the balance parcel allowing for all development included under section 4.2 (No Development Permit Required) of Land Use Bylaw 60/2014 without the benefit of a Development Permit; excepting the construction of a second Dwelling, Single Family or placement of a Dwelling, Manufactured Home, or Dwelling, Mobile Home on a lot of 80 acres or more in size; which will not be permitted.
The 131.15 +/- acre balance parcel will be designated as Agricultural Sub-District “A” for the purpose of ensuring that future development of a second dwelling does not occur.
APPENDICES APPENDIX A: MAP SET: LOCATION MAP ORTHO PHOTO SITE PLANS
Page 83
APPENDIX A LOCATION MAP ORTHO PHOTO
Approach to Proposed Parcel
Approach to Balance Parcel
Page 84
SITE PLANS
Page 85
MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL DEVELOPMENT PERMIT APPLICATION March 24, 2021 APPLICATION INFORMATION FILE NO. 21D 020 DATE APPLICATION COMPLETE: February 9, 2021 LEGAL DESCRIPTION: NE 08-21-290 W4M; Plan 0511416, Block 3, Lot 2 LANDOWNER: LZL Properties Inc / Jim Roth APPLICANT: Ninaco Auto Ltd. PROPOSAL: Request for Development Permit approval to allow for a Vehicle Repair and Sales Business to operate on the subject property. DIVISION NO: 5 COUNCILLOR Alan Alger FILE MANAGER: Drew Granson
EXECUTIVE SUMMARY: Summary of Proposal The application is for Development Permit on the Direct Control District #14 property in order to allow for Ninaco Auto Ltd., a Vehicle Sales and Service business to operate out of the existing development on the property, which consists of a 6,015+/- sq.ft. building, a 14,000+/- sq.ft. fenced outdoor storage yard, and 31 stall parking lot. The proposed business would have between 4-6 employees including the owners, and expects 5-10 vehicle trips per day by clients arriving in passenger vehicles. Hours of operation are proposed between 8:00am and 6:00pm on Mondays through Fridays, 9:00am to 5:00pm on Saturdays, and closed on Sundays. All maintenance and vehicle repairs would occur within the existing building, and vehicles stored on site would be located within the fenced outdoor yard, with occasional vehicles for sale moved to the main parking lot for viewing. Business related fascia signage is proposed to be located on the existing building. Note: The submitted Business Description has been attached within Appendix ‘B’ for your reference.
Policy Evaluation The application generally aligns with the Growth Management Strategy and Economy section of the Municipal Development Plan that speak to intensification of land uses, provided they complement or minimize conflict with surrounding uses. The application generally aligns with Direct Control District #14 within the Land Use Bylaw, as per Amendments granted under Bylaw 63/2020.
Referral Considerations All Building, Safety, and Fire Codes to be adhered to and all necessary permits obtained. Foothills Fire Department requires fire inspection of building to confirm compliance with Alberta Fire Code prior to occupancy, ensure emergency access, and Fire Safety Plan. No additional approvals required at this time from Alberta Transportation.
Page 86 PROPERTY DESCRIPTION MUNICIPAL ADDRESS: 306034 15th Street East LEGAL LAND DESCRIPTION: NE 08-21-29 W4M; Plan 0511416, Block 3, Lot 2 LOCATION: The subject property is located on the west side of Highway 2A and at the south end of 15th Street East. This is approximately 200 metres south of 306th Avenue East and approximately 2 kilometres north of the Town of Okotoks boundaries. POLICY AREA: The application has been reviewed in terms of the MDP2010, the Growth Management Strategy, and the Land Use Bylaw CURRENT LAND USE: Direct Control District #14 AREA OF SUBJECT LAND: 3.14 acres
BACKGROUND: On January 20th, 2021, Council granted 3rd and final reading to Bylaw 63/2021 authorizing the Site Specific Amendment to the Direct Control District #14 Land Use District rules to allow for ‘Auto Body’, ‘Auto Sales’, ‘Recreation Services, Indoor’, ‘Recreational Vehicle Sales’, ‘Religious Assembly’, ‘Retail Garden Centre’, and ‘Retail Store’ all as discretionary uses on the subject property.
SITE CONSIDERATIONS: Access: Access is gained at the northwest corner of the subject property off of the cul-de-sac bulb at the south end of 15th Street east. This is a commercial approach and meets current approach standards Site Improvements: A 6,015+/- sq.ft. Building, a 14,000+/- sq.ft. fenced storage yard, and a 26,000+/- sq.ft. parking and laneway pad are located on the subject property. No additional structures or improvements are proposed. Interior alterations to the existing building are proposed to support the proposed business, and new fascia signage is proposed to be located on the existing building. Note: Draft images of the proposed fascia signage has been attached within Appendix ‘B’’ for your reference.
POLICY CONSIDERATIONS: The application generally aligns with the intent and policy within the Direct Control District #14. Proposed operations are consistent with the following, as defined within the Land Use Bylaw 60/2104: Auto Body means the painting or repairing of the interior, exterior or undercarriage of vehicle bodies for compensation and in conjunction with which there may be towing service and vehicle rentals for customers while a vehicle is under repair. Auto Repair means mechanical repairs and servicing, including the replacement of parts on vehicles for compensation. Auto Sales means the storage or display for sale of more than three new or used vehicles. This may include the sale of livestock trailers, flat deck trailers, and cargo trailers.
Page 87 CIRCULATION REFERRALS REFEREE COMMENTS INTERNAL Public Works No Concerns Addressing Landowner to ensure proper address is posted for the existing building. Building/Safety Applicant to obtain any necessary building and/or safety codes permits for interior Codes renovations of the existing structure, to the discretion of the Safety Codes Officer. Foothills Fire ▪ Fire inspection of building required prior to occupancy. Services ▪ Ensure access for Fire department apparatus as per the Alberta Fire Code 2019 Div. B Sec 2.5.1 ▪ Fire extinguishers are to be installed as per the Alberta Fire Code 2019 Div. B Sec. 2.1.5 and NFPA 10. ▪ Fire Safety Plan is to be posted as per the Alberta Fire Code 2019 Div. B Sec. 3.2.2 ▪ Exit signs and Emergency lighting to comply with Alberta Fire Code 2019 Div. B Sec 2.7.3. EXTERNAL
Alberta Since the proposal involves a change of use only and not new development, in Transportation this case AT exempts the requirement for a roadside development application and subsequent permit for establishing the proposed business. In addition, a sign permit from AT is not required for signage on the building. Any on premise signage not attached to the building would require a sign permit. PUBLIC Western Wheel Development Permit applications on Direct Control District properties are not advertised in the Western Wheel unless a Public Hearing is held. Land Owners Development Permit applications on Direct Control District properties are not circulated to neighbouring landowners unless a Public Meeting is held.
SUMMARY The landowners are requesting a Development Permit on the Direct Control District #14 property, in order to allow for a Vehicle Sales and Service Business, to operate on the subject property.
OPTION #1 – APPROVAL Should Council choose to approve Development Permit 21D 020, the following motion has been provided for consideration: Council moved that Development Permit 21D 020 for a Vehicle Sales and Service Business to operate on the subject property, as per the submitted and accepted application.
APPROVAL DESCRIPTION This approval allows for the operation of a Vehicle Sales and Service Business on the subject property, being NE 08-21-29 W4M; Plan 0511416, Block 3, Lot 2.
CONDITIONS OF APPROVAL FOR COUNCIL’S CONSIDERATION: Council may wish to provide any of the following conditions, or any additional conditions, as a pre- release condition(s) should Council be of the opinion that the requirement be addressed prior to the Page 88 Development Permit being signed and issued. Revisions and/or additions to this approval shall be acknowledged and accepted by the Development Authority prior to implementation.
PRE-RELEASE CONDITION(S) Pre-release conditions must be complied with before the Development Permit will be signed and issued. Failure to complete the pre-release condition(s) on or before August 31, 2021 (Council may change this date if they wish) will see this approval be deemed null and void, unless a time extension is issued under agreement between the Development Authority and the Applicant(s): 1) The applicant shall provide a Comprehensive Emergency Response Plan/Fire Safety Plan, to the satisfaction of the Foothills Emergency Services and Fire Department;
CONDITIONS OF APPROVAL Please note that the following requirements must be completed within the twenty-four (24) month completion period for this Development Permit unless a time extension is issued under agreement between the Development Authority and the Applicant(s). Failure to complete the conditions of approval will see the Development Permit deemed null and void. 1. The applicant shall maintain the development in accordance with all conditions of approval and plans that have been acknowledged by the County to be appropriate. Any revisions and/or additions to the use of this land shall not proceed except under benefit of appropriate approvals; 2. The applicant shall obtain any necessary building and/or safety code permits for any renovations to the existing 6,015+/- sq.ft. Building, to the discretion of the Safety Codes Officer. The development is required to illustrate compliance with the requirements of the Alberta Building, Plumbing, Electrical, and Fire Codes at all times. Requirements may include but not be limited to: fire extinguishers, emergency and exit lighting, and water closet requirements based upon occupancy load (including barrier free). Occupancy for public use of the 4,000 sq.ft. Accessory Building shall not be granted until authorized by the Safety Codes Officer and the Fire Inspector. It is the applicant’s responsibility to provide proof of such to the Development Authority; 3. No additional landscaping is required; however, it is the applicant’s responsibility to ensure the existing landscaping and/or screening is maintained and must at all times be safe, functional, and in a good state of repair. The property shall at all times have a generally neat and orderly appearance and any vegetation is to be maintained to demonstrate healthy and vigorous growth; 4. Hours of operation are approved as follows: a. Mondays through Fridays between 8:00am and 6:00pm; b. Saturdays between 9:00am and 5:00pm, and; c. closed to the public on Sundays; 5. This approval allows for the proposed Fascia Signage as illustrated within the submitted application. Prior to installation, the applicant shall provide detailed design specifications for all fascia signage for review and acceptance by the Foothills County; 6. Emergency address signage shall be installed and maintained. Except as acknowledged within this approval, the installation of signage shall occur only under appropriate permit/authorization from the Foothills County, and as identified within the Land Use Bylaw, and Alberta Transportation; 7. The operator is required to maintain an annual business license with Foothills County; 8. Parking of vehicles for the purpose of sales and/or advertisement may occur within the primary parking lot; however, it is the applicant’s responsibility to ensure that a minimum of 15 parking stalls are available at any given time for use by employees and/or customers attending the business. All parking stalls, laneways, aisles, and loading spaces shall be provided to the size and specifications as outlined in Section 9.19 of the Land Use Bylaw;
Page 89 9. Parking or storage of vehicles on the grass or undeveloped portions of the subject property is prohibited. All vehicles shall be kept within the existing developed areas on the property, being the existing parking lot, fenced storage yard, or within the existing building; 10. Parking for the physically handicapped shall be provided as per the provincial regulations and shall be considered as part of the total number of stalls required for the project. A minimum of 2% of the total number of stalls, being one (1) stall, shall be provided and clearly identified for use by the physically disabled; 11. All loading spaces shall be designed and located so that all vehicles using that space can be easily parked and maneuvered entirely within the bounds of the subject property without backing to or from adjacent public roadways. Absolutely no parking or storage of business related materials shall occur on adjacent private lands or within public road right-of-ways; 12. No outdoor storage of business related materials is permitted outside of the fenced outdoor storage yard; 13. All waste materials are to be handled and disposed of under guidelines provided by governing Provincial regulatory bodies, at an approved waste disposal and/ or recycling site. There shall be no long-term storage of waste materials on the property, nor burning of waste materials on the property. All garbage, waste, and recycling materials shall be stored in weatherproof and animal proof containers that are required to be fully screened from neighbouring lands and roadways; 14. It is the landowner’s responsibility to provide notification to the Development Authority upon completion of the development;
ADVISORY REQUIREMENTS The following requirements are provided by Foothills County to inform the applicant(s) and landowner(s) of their necessity and do not form part of the approval description or conditions of approval. It is the sole responsibility and liability of the applicant(s) and landowner(s) to ensure adherence with these requirements. 1. The applicant shall obtain any necessary approvals from Alberta Motor Vehicle Industry Council; 2. Absolutely no portion of the subject property is permitted to be used for residential use, or for the purpose of overnight accommodations; 3. All parking, loading areas, and laneways must be kept free of all debris, materials and/or equipment, and is the landowner’s responsibility to ensure access for fire department apparatus is provided for at all times; 4. Road bans issued for municipal road surfaces are to be adhered to at all times. Vehicles entering or exiting the property shall travel only at the permitted legal weights; 5. it is the applicant’s responsibility to ensure that sufficient parking is available within the subject property, at all times. Parking within public road right-of-ways is prohibited. Should the landowner fail to provide sufficient parking resulting in vehicles in attendance to the subject lands being parked within neighbouring road right-of-ways, it will be the landowner’s responsibility to reduce operating capacity to align with available parking capacity, or obtain appropriate approval to allow for additional parking; 6. The applicant is responsible for ensuring that approved occupancy for the 6,015+/- sq.ft. Building is not exceeded at any given time, in accordance with the applicable Building, Safety, and Fire Codes; 7. The subject property shall be used exclusively for the purpose of supporting the approved vehicle sales and service business. No subleasing of the building and/or property shall be permitted, unless appropriate approvals are first obtained to allow for such;
Page 90 8. The development shall adhere to any applicable requirement of Alberta Transportation and any approved Roadside Development Permit(s); 9. No offensive noise, vibration, smoke, dust, odor, heat, glare, electrical, or radio disturbance shall be detectable beyond the boundary of the titled property; 10. Natural drainage of the property must be maintained. Alteration to natural drainage may proceed as recommended within the existing Stormwater Management Plan, or through issuance of a Lot Grading Permit; 11. Excepting those existing on the subject property at the time of this approval, no additional buildings are permitted to be constructed or located on the subject property without first obtaining necessary approvals from the Foothills County. This includes any structure with a roof; such as, any garage, tent, shelter, lean-to, shed, greenhouse, and/or any building(s) with temporary foundations; 12. The development shall at all times comply with the requirements of Alberta Environment, including with respect to water use. All required licenses and approvals from the Provincial authority shall be obtained if well water is to be used in support of the facility; 13. Water provided to the public must comply with Section 11 of the Alberta Public Health Act, Nuisance and General Sanitation Regulation 243/2003; 14. All installation(s) of exterior lighting and signage must adhere to the guidelines and technical specifications as outlined within the Dark Sky Bylaw; 15. The applicants indemnify and hold harmless the County against the cost of any claims or actions, or awards for loss or damage to the Owner(s) arising from the use of the subject property; 16. The issuance of a development permit from the County does not relieve the applicant of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any provincial or federal regulation or act which may affect use of the land; 17. The applicant shall be responsible for payment of any professional costs including legal fees that may be incurred by Foothills County with respect to the development approved on this permit.
OPTION #2 – REFUSE APPLICATION Council may choose to refuse the application for Development Permit 21D 020 to allow for a Vehicle Sales and Service Business on the subject property, being NE 08-21-29 W4M; Plan 0511416, Block 3, Lot 2, for the following reasons: Council is of the opinion that the proposed use is beyond the scope of development suitable on the subject property, specifically with consideration of the policy direction to minimize land use conflicts and impact on adjoining lands within the Municipal Development Plan, Land Use Bylaw, and Growth Management Strategy.
APPENDICES APPENDIX A: MAP SET LOCATION & LAND USE MAP LOT ORTHO APPENDIX B: SUBMITTED DOCUMENTS SUBMITTED SITE PLAN BUSINESS DETAILS DRAFT FASCIA SIGNAGE DESIGNS
Page 91 APPENDIX A: MAP SET
Subject Property
Town of Okotoks
Page 92
Page 93 APPENDIX B: SUBMITTED DOCUMENTS Submitted Site Plan
Subject Property
Page 94 Business Description
Page 95 Draft Fascia Signage Designs
Page 96 MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL REQUEST FOR REVISION TO COUNCIL APPROVAL March 24th, 2021
REQUEST FROM APPLICANT FOR REVISION TO COUNCIL’S APPROVAL APPLICATION INFORMATION LEGAL DESCRIPTION: Plan 1612879, Block 7, Lot 6, PTN: SW 02-22-29-W4M LANDOWNER: Michele Moore Veldhoen
AREA OF SUBJECT LANDS: 17.31 acres CURRENT LAND USE: Country Residential Sub-District “A” PROPOSAL: Application for amendment to the Country Residential Sub-District “A” land use rules in order to allow the future subdivision of one 3.10 +/- acre Country Residential Sub-District “A” lot with a 13.91 acre Country Residential Sub-District “A” balance.
DIVISION NO: 6 FILE MANAGER: Theresa Chipchase
PURPOSE OF REQUEST Request for consideration of an additional revision to the site plan accepted by Council on July 8th, 2020. A summary of the revisions requested by the landowner for Council to consider are paraphrased as follows: 1. Removal of the Environmental Reserve Easement over the drainage, located on the west side of the parcel, which would intersect the panhandle to the balance of the lands as well as the east boundary of the proposed 3.40 +/- acre lot; 2. Landowner to provide an engineered driveway through the panhandle identified as access to the balance parcel from the common approach location adjacent to 48th Street on the west boundary of the lot, east to the building site identified on the enclosed revised site plan, marked with an “X”; 3. Removal of the request for the 1.0 +/- acre future boundary adjustment; 4. Removal of the “MD road dedication”
BACKGROUND June 3rd, 2020 – First reading granted to Bylaw 34/2020 authorizing an amendment to the Country Residential Sub-District “A” land use rules in order to allow the future subdivision of one 3.40 +/- acre Country Residential Sub-District “A” lot, with a 13.91 +/- acre Country Residential Sub-District “A” balance parcel from Plan 1612879, Block 7, Lot 6, Ptn: SW 02-22-29 W4M, and a future boundary adjustment which proposes to take 1.0 +/- acre from Plan 1612879, Block 7, Lot 6, Ptn: SW 02-22-29 W4M and consolidate it with Plan 9211788, Block 7, Lot 3, Ptn: SW 02- 22-29 W4M under the following motion:
Page 97 Council in their consideration provides that the proposal is in alignment with the intent of the Residential section of the MDP2010 and that the application falls within the density provisions and lot size restrictions for Country Residential development.
Prior to further consideration the applicant will be required to confirm the following:
1. A site plan illustrating Environmental Reserve Easement to be executed for the preservation of the wetland area covering the NE corner of the subject lands and the drainage area that bisect the proposed parcel, the panhandle to the balance and the future boundary adjustment as being satisfactory to AEP instead of Council requesting the applicant to undertake a wetland assessment.
2. The revised site plan is also to illustrate a common approach to the proposed parcel and the panhandle balance.
Further conditions will be set by Council upon confirmation that Alberta Environment and Parks is satisfied with the provision of an Environmental Reserve Easement as an alternative to undertaking a wetland assessment.
July 8th, 2020 – the applicant provided the revised site plan as provided below in support of the conditions of first reading as set by Council on June 3rd, 2020. The revised site plan was approved by Council on July 8th, 2020 and the remainder of the condition of first reading of the approval to Bylaw 34/2020 were set under the following motion:
Council moved to accept the revised site plan as submitted, including a smaller proposed parcel of approximately 3.1 +/- acres and the areas shown as ERE. Prior to further consideration of the bylaw, the following conditions are required to be met. 1. Applicant to fully execute and comply with all requirements as outlined within the Municipal Development Agreement for the purposes of payment of the community sustainability fee, the future adherence to any recommendations from reports provided at land use and subdivision, including septic disposal evaluation, comprehensive site drainage plan, high water table testing. The development agreement would also outline the requirement for an engineered driveway and a stormwater management plan on the balance parcel as conditions of a development permit as well as a wetland assessment and/or a water act application to be supported by AEP prior to any disturbance of the areas shows as ERE; 2. Proof of adequate water supply to be provided for both the proposed and balance parcel in accordance with the Provincial Water Act, to the satisfaction of the County; 3. Geotechnical Report, completed in accordance with County standards, to be provided for high water table testing for foundation designs and septic systems for the balance parcel, to the satisfaction of the Public Works department, as a condition of subdivision; 4. Septic Disposal evaluation (PSTS) for the balance parcel, to the satisfaction of the Public Works department, as a condition of subdivision; 5. Comprehensive Site Drainage Plan to be provided for the balance parcel, to the satisfaction of the Public Works department, as a condition of subdivision; 6. Execution of Environmental Reserve easement agreements over areas shown on the site plan with registration on title concurrently with plan of subdivision. The ERE document will allow for the construction of a driveway on the balance parcel subject to engineering, a wetland assessment and/or water act application if necessary. 7. Final redesignation application fees to be submitted; 8. Submission of an executed subdivision application and the necessary fees.
Page 98 REQUEST OF COUNCIL Council is respectfully requested to consider the additional revisions requested by the landowner with respect to the revised site plan and first reading conditions granted under Bylaw 34/2020 on July 8th, 2020. The landowner’s letter and site plan in support of the additional revisions is attached to this staff report as Appendix B.
APPENDICES APPENDIX A - MAP SET: LOCATION MAP LAND USE AND LOT SIZES MAP ORIGINAL SITE PLAN ORTHO PHOTO
APPENDIX B: LETTER OF REQUEST FROM LANDOWNER REVISIONS TO REVISED SITE PLAN - PROPOSED BY LANDOWNER
Page 99 APPENDIX A: LOCATION MAP
City of Calgary
Hwy 2
Hwy 552 Hwy 552 Hwy 2A
Hwy 549
Okotoks Hwy 547 Hwy 7
Subject Parcel
Page 100 APPENDIX A: LAND USE AND LOT SIZES
Subject Parcel
Page 101 APPENDIX A: ORIGINAL SITE PLAN APPROVED BY COUNCIL JUNE 3RD, 2020
Page 102 APPENDIX A: REVISED SITE PLAN APPROVED BY COUNCIL JULY 8TH
Proposed 1.0 +/- ac boundary adjustment
Page 103 APPENDIX A: ORTHO PHOTO
Page 104 APPENDIX B: LETTER OF REQUEST FROM LANDOWNER
Page 105 APPENDIX B: REVISIONS TO REVISED SITE PLAN - PROPOSED BY LANDOWNER
Page 106 MISCELLANEOUS PLANNING ITEM APPLICATION AND DEVELOPMENT REPORT TO COUNCIL DEVELOPMENT PERMIT APPLICATION March 24, 2021 APPLICATION INFORMATION FILE NO. 21D 026 DATE APPL. COMPLETE: February 11, 2021 LEGAL DESCRIPTION: 119.21 acre Ptn. of SE 35-21-02 W5M LANDOWNER: 1791874 Alberta Corp. APPLICANT: Ironwood Building Corp. / Lee Snowden PROPOSAL: Development Permit to allow for a Commercial Riding Arena, Horse Boarding, Horse Training Facility, and Events on the subject property. DIVISION NO: 5 COUNCILLOR Alan Alger FILE MANAGER: Drew Granson
EXECUTIVE SUMMARY:
Summary of Proposal Landowners have submitted application for Development Permit on the DC#29 property to allow a Commercial Riding Arena, Horse Boarding and Training Facility, and up to three annual commercial show events per year. The applicants are proposing to construct a 35,500 sq.ft. Commercial Arena structure, containing a 20,000 sq.ft. Arena and attached Barn and mezzanine for viewing. Proposed annual events would host up to 75 horses on the property during the events and between 50-100 guests each day of the events. Approximately 10-20 visits are expected on any given day for lessons and horse owners visiting their horses, and a maximum of 40 horses are proposed to be kept on the property, except during events. Hours of operation are proposed seven days per week, between the hours of 8:00am and 9:00pm. Pertinent Site Considerations Two existing dwellings and several accessory buildings are located on the subject property. Policy Evaluation Generally meets the intent of the Growth Management Strategy, Municipal Development Plan (MDP2010), the South Saskatchewan Regional Plan, and the Land Use Bylaw (LUB60/2014). Referral Considerations • Public Works recommends a Geotechnical Report for Slope Stability, Septic Disposal Evaluation, Stormwater Management Plan, Comprehensive Site Drainage Plan, Lot Grading Plan, and upgrading the existing approach to Commercial Standards. Note that existing approach off of 112th Street W. has poor sight lines and recommend “hidden driveway” signs in both directions. A secondary approach to the south of the existing approach is recommended to improve traffic safety, with south access being entrance only and existing (north) access being exist only. • Building, Safety, and Fire Codes require water source and connection for firefighting, in addition to other standards and appropriate inspections prior to occupancy by public. • Individual addresses required for each dwelling and the commercial arena.
Page 107 PROPERTY DESCRIPTION MUNICIPAL ADDRESS: 257001 112th Street West LEGAL LAND DESCRIPTION: Ptn. SE 35-21-02 W5M LOCATION: On the west side of 112th St. W. and approximately 1.5 km south of 242nd Ave. W. This is approximately 5 km south of Lloyd Lake. LAND USE: Direct Control District #29 – Limited Public or Commercial Riding Arena AREA OF SUBJECT LANDS: 119 acres
PURPOSE OF APPLICATION: Background: On January 13, 2021, third and final reading was granted to Bylaw 58/2020 to allow for the redesignation of the subject property from Agricultural District to Direct Control District #29 to allow for a commercial riding arena, horse boarding and training facility, and up to three commercial show events per year with up to 75 horse at each event. Proposal: The applicants are proposing the construction of a 35,500 sq.ft. building, which will contain a 20,000+/- sq.ft. indoor riding arena and 15,500+/- sq.ft. barn with changerooms, washrooms, and a 5,650+/- sq.ft. mezzanine containing viewing space, additional washrooms, a kitchen, and breakout room. Applicants expect approximately 10-20 non-resident users on any given day. Hours of operation are proposed between 8:00am and 9:00pm seven days per week. Up to three annual show events are proposed and would host between 50-100 individuals with up to a maximum of 75 horses attending the property during these events. A maximum of 40 horses are proposed to be kept on the subject property at any given time, excepting during events. Note: On a property of 119.21 acres, a maximum of 39 animal units are permitted without the benefit of a Development Permit to allow for an Intensive Livestock Operation. Note: The submitted application details have been attached within Appendix ‘B’ for your reference.
SITE CONSIDERATIONS: Access: Access is gained from the west side of 112th Street West, along the east boundary of the subject property. Note: Public Works recommends that this approach be upgraded to meet Commercial Approach Standards. In addition, as this existing approach is located along a stretch of 112th Street with limited site distances, Public Works recommends the installation of “hidden driveway” signage in both directions, as well recommends that a second approach be constructed further south, where site lines are better; recommending that the south approach be used for entrance only, and the existing north approach be used for exit only for arena traffic. Physiography:
Page 108 The subject property contains rolling topography which some steep slopes. The landscape assists with the natural screening of the proposed development from 112th Street W. Note: Public Works recommends the requirement for a Geotechnical Report for Slope Stability, Septic Disposal Evaluation, Stormwater Management Plan, Comprehensive Site Drainage Plan, Lot Grading Plan, all to address the development site for the arena structure Servicing Considerations: The landowners would be required to obtain a license from Alberta Environment or provide water from a licensed off site source for uses associated with the Commercial Arena. Predicted Off-Site Impacts: Additional traffic at intersection(s) off of 112th Street West. Potential dust production from outdoor riding rings and gravel internal surfaces. Area Character: The subject property is located along 112th Street W. which is an arterial transportation corridor between Highway 22X and the City of Calgary to the north, Highway 549W to the south, Highway 22 to the west, and Highway 552W and the Town of Okotoks to the east. The area consists of rolling foothills with intermittent treed and grazed areas, and several acreages and smaller agricultural tracts. Several private equine facilities exist along 112th Street West. equine facilities exist along 112th Street West.POLICY EVALUATION: South Saskatchewan Regional Plan: This proposal aligns with some policy direction of the South Saskatchewan Regional Plan and does not align with some of the direction given. The most relevant policy section(s) of the SSRP are related to Economy, Outdoor Recreation, and Community Development. Municipal Development Plan: The application generally meets the intent of the Recreation Section of the MDP with regard to policy 2 which states that commercial recreational developments shall be compatible with the surrounding area in consideration of size, design, noise, odour, traffic, dust, and visual impact on adjacent lands, and should be designed to minimize land use conflicts and minimize costs to the County. Land Use Bylaw: The proposed Commercial Arena Application aligns with discretionary uses within Direct Control District #29. The applicant would be responsible for ensuring that all proposed structures adhere to Development Requirements within DC29, including but not limited to, maximum height of structures and minimum property line setbacks requirements. Growth Management Strategy: The subject property is located in the North West District. Development pressure and moderate growth is expected within this District; careful consideration of the potential impacts on wildlife habitat and watershed areas is required through the Growth Management Vision for this district. CIRCULATION REFERRALS REFEREE COMMENTS INTERNAL Public Works Public Works recommends:
Page 109 CIRCULATION REFERRALS • Geotechnical Report for Slope Stability, Septic Disposal Evaluation, Stormwater Management Plan, Comprehensive Site Drainage Plan, Lot Grading Plan, for area of proposed Arena Facility • Upgrading the existing approach to Commercial Standards. Note that existing approach off of 112th Street W. has poor sight lines and recommend “hidden driveway” signs in both directions. A secondary approach to the south of the existing approach is recommended to improve traffic safety, with south access being entrance only and existing (north) access being exist only. Please contact Public Works to discuss options for access prior to development. Building & Applicants to obtain all applicable Building and Safety Codes permits for Safety Codes proposed Arena/Barn and accessory structures. Based on Arena Size, requires Architect and Engineer Stamped Designs, access route for emergency vehicles, water for firefighting, emergency lighting and exit lights, travel distances from exits, fire department connections (hydrant), portable fire extinguishers, washrooms based on occupancy load (including barrier free requirements). Emergency / ▪ Fire inspection of indoor arena required once completed. Fire Services ▪ Fire extinguishers are to be installed as per the Alberta Fire Code Division B 2.1.5 and NFPA 10. ▪ Ensure access for Fire department apparatus as per the Alberta Fire Code (2019) Division B 2.5.1. ▪ Ensure means of egress as per the Alberta Fire Code (2019)Division B 2.7.1 ▪ Doors and means of egress to comply with the Alberta Fire Code (2019) Division B 2.7.2 ▪ Exit lighting, exit signs and emergency lighting to comply with the Alberta Fire Code Division B Section 2.7.3 ▪ Fire Safety Plan/ Emergency Response Plan to meet Alberta Fire Code (2019) Division B Section 2.8.2 ▪ Address of property is to be posted. ▪ If National Building Code (2019) requires adequate water for firefighting the water source including the dry hydrant must meet NFPA 1142 Mapping / Foresee no addressing issues. Applicant is advised that existing address Addressing would change and updated unit addresses to be assigned for existing dwellings and arena facility. EXTERNAL Alberta Health AHS would like to make the following comments for your consideration: Services 1. No soils, groundwater or surface water sources shall become polluted due to operations on the subject lands. AHS recommends that the potable water source is adequately protected from any run-off, nuisance or contaminants. 2. Recommendation that the proposed storage, composting and spreading of manure meets municipal and/or provincial requirements as it relates to intensive livestock operations. 3. Ensure the property is maintained in accordance with the Alberta Public Health Act, Nuisance and General Sanitation Regulation 243/2003 which stipulates,
Page 110 CIRCULATION REFERRALS No person shall create, commit or maintain a nuisance. A person who creates, commits or maintains any condition that is or might become injurious or dangerous to the public health or that might hinder in any manner the prevention or suppression of disease is deemed to have created, committed or maintained a nuisance. Fortis Alberta No concerns. Applicant is advised to contact Fortis for information for structures near power lines. PUBLIC Western Wheel Development Permit applications on Direct Control District properties are not advertised in the Western Wheel unless a Public Meeting is held. Land Owners Development Permit applications on Direct Control District properties are not circulated to neighbouring landowners unless a Public Meeting is held.
SUMMARY Requesting consideration of Development Permit 21D 026 on the Direct Control #29 property, in order to allow for a Commercial Riding Arena, Horse Boarding and Training Facility, Intensive Livestock Operation, and 3 Annual Show Events, on the subject property.
OPTION #1 – APPROVAL Should Council choose to approve Development Permit 21D 026, the following motion has been provided for consideration: Council moved that Development Permit 21D 026 for a Commercial Riding Arena, Horse Boarding and Training Facility, Intensive Livestock Operation, and 3 Annual Show Events, on the subject property be approved as per the submitted and accepted application.
APPROVAL DESCRIPTION This approval allows for a the 35,500 sq.ft. Commercial Riding Arena and Barn Structure and the operation of a Commercial Horse Boarding and Training Facility, and allows for up to three annual equestrian show events, on the subject property being Ptn. of SE 35-21-02 W5M.
CONDITIONS OF APPROVAL FOR COUNCIL’S CONSIDERATION: Council may wish to provide any of the following conditions, or any additional conditions, as a pre- release condition(s) should Council be of the opinion that the requirement be addressed prior to the Development Permit being signed and issued. Revisions and/or additions to this approval shall be acknowledged and accepted by the Development Authority prior to implementation.
CONDITIONS OF APPROVAL Please note that the following requirements must be completed within the twenty-four (24) month completion period for this Development Permit unless a time extension is issued under agreement between the Development Authority and the Applicant(s). Failure to complete the conditions of approval will see the Development Permit deemed null and void. 1. The applicant shall construct and maintain the development in accordance with all conditions of approval and plans that have been acknowledged by the County to be appropriate. Any revisions
Page 111 and/or additions to the use of this land shall not proceed except under benefit of appropriate approvals; 2. The applicant shall obtain any necessary building and safety code permits to the discretion of the Safety Codes Officer. The development is required to illustrate compliance with the requirements of the National Building Codes, and Alberta Plumbing, Electrical and Fire Codes at all times. Requirements may include but not be limited to: an engineer’s confirmation of completion, illustration of: water source for firefighting and fire department connections meeting NFPA 1142 requirements and testing, travel distances, fire extinguishers, emergency and exit lighting, and water closet requirements based upon occupancy load (including barrier free). Occupancy for public use shall not be granted until authorized by the Safety Codes Officer and the Fire Inspector. It is the applicant’s responsibility to provide proof of such to the Development Authority; 3. No additional landscaping is required; however, it is the applicant’s responsibility to ensure the existing vegetation and natural landscaping and/or screening is maintained and must at all times be safe, functional, and in a good state of repair. The property shall at all times have a generally neat and orderly appearance and any vegetation is to be maintained to demonstrate healthy and vigorous growth;’ 4. Hours of operation whereby the facility may be open to the public are approved between 8:00am and 9:00pm; 5. Accessory Buildings in support of the Arena operation are approved as accepted within the submitted site plan and application. The landowner is advised that all buildings must obtain any applicable permits in accordance with the Alberta Building and Safety Codes for use and occupancy, to the discretion of the Building and Safety Codes Department; 6. It is the applicant’s responsibility to obtain updated emergency addresses for the two existing dwellings and the proposed Arena/Barn Structure, to the satisfaction of the Foothills Fire Department. Signage shall be installed and maintained. The installation of any farm identification signage, or directional signage shall occur only under appropriate permit/authorization from the Foothills County, and as identified within the Land Use Bylaw; 7. The operator is required to maintain an annual business license with Foothills County; 8. It is the applicant’s responsibility to ensure that a minimum of 50 parking stalls are available at any given time for use by employees, clients, and/or guests attending the facility. All parking stalls, laneways, aisles, and loading spaces shall be provided to the size and specifications as outlined in Section 9.19 of the Land Use Bylaw; 9. Parking for the physically handicapped shall be provided as per the provincial regulations and shall be considered as part of the total number of stalls required for the project. A minimum of 2% of the total number of stalls, being one (1) stall, shall be provided and clearly identified for use by the physically disabled; 10. All loading spaces shall be designed and located so that all vehicles using that space can be easily parked and maneuvered entirely within the bounds of the subject property without backing to or from adjacent public roadways; 11. The applicant shall provide a Comprehensive Emergency Response Plan/Fire Safety Plan, to the satisfaction of the Foothills Emergency Services and Fire Department. The applicant is advised that these plans should address procedures during normal operations, as well shall address additional requirements during the annual events;
Page 112 12. The applicant shall provide a Stormwater Management Plan, Comprehensive Site Drainage Plan, and Lot Grading Plan, for review and acceptance to the satisfaction of the Public Works Department; 13. The existing approach shall be upgraded to Commercial Approach Standards, to the satisfaction of the Public Works Department; NOTE: Council may wish to further discuss recommended Condition #14 with regard to the requirement for a second approach off of 112th Street West. 14. The applicants shall construct a second approach off of 112th Street West, to Commercial Approach Standards. The applicants shall contact and coordinate with the Foothills County Public Works Department in determining the safest and more suitable location for the new approach, and shall install any necessary street signage to the satisfaction of the Public Works Department; 15. This approval allows for a maximum of 3 annual events for the purpose equestrian related shows per calendar year. These events shall occur during approved hours of operation; 16. The total cumulative number of animals owned by residents of the property and/or being boarded on the subject property, shall not exceed 40 animal units. A cumulative maximum of 75 horses are permitted to attend the subject property during events, provided the additional animals are not kept on site overnight; 17. A maximum of 100 guests are permitted to attend the subject property during the course of an approved annual event. The applicant is responsible for ensure that approved Occupancy for the Arena and Barn structure in accordance with the Building, Safety, and Fire Codes is not exceeded at any given time. This may mean brining in additional facilities and staff to support the increased occupancy load of such events; 18. Excepting during the defined annual events, a maximum of 20 non-resident users are permitted to attend the property on any given day; 19. A manure management plan that includes specifics as to the type and volume of containment and storage area, as well as specifics with respect to setbacks from water/drainage area(s), shall be submitted to the development authority for review and acceptance. Manure storage facilities must be illustrated to be designed, constructed and maintained in order to avoid contamination of any groundwater, prevent contaminated surface water from leaving the property, and reduce any nuisance. The composting and short term storage of manure shall comply with all requirements and recommendations of Alberta Agriculture and Forestry and the applicable regulation(s). The spreading of manure on the property is subject to application rates and requirements as are contained within that same Provincial regulation. Manure in excess of that which may be used to benefit the lands is to be removed from the site and disposed of in a manner consistent with regulatory requirements; 20. Prior to the County acknowledging completion of the development, it is the responsibility of the applicant to submit as built drawings, executed by the designated professional, that confirm all improvements are consistent with the designs and recommendations within the plans and reports, as have been accepted by the County; 21. It is the landowner’s responsibility to provide notification to the Development Authority upon completion of the development;
ADVISORY REQUIREMENTS The following requirements are provided by Foothills County to inform the applicant(s) and landowner(s) of their necessity and do not form part of the approval description or conditions of
Page 113 approval. It is the sole responsibility and liability of the applicant(s) and landowner(s) to ensure adherence with these requirements. 1. All parking, loading areas, and laneways must be kept free of all debris, materials and/or equipment, and is the landowner’s responsibility to ensure access for fire department apparatus is provided for at all times; 2. Absolutely no portion of the proposed Arena/Barn structure is permitted to be used for residential use, or for the purpose of overnight accommodations, without first obtaining any applicable approvals; 3. All structures shall be located as to adhere to Municipal and Provincial setback requirements from the boundaries of the legally titled property. No variance for property line setbacks has been considered under this approval; 4. Road bans issued for municipal road surfaces are to be adhered to at all times. Vehicles entering or exiting the property shall travel only at the permitted legal weights; 5. It is the applicant’s responsibility to ensure that sufficient parking is available within the subject property, at all times. Parking within public road right-of-ways is prohibited; 6. All structure(s) shall comply with standard height maximums (from grade to peak) as are identified under the Direct Control #29 Land Use District; 7. The applicant is responsible for ensuring that approved occupancy for all buildings on the property are not exceeded at any given time, in accordance with the applicable Building, Safety, and Fire Codes; 8. No offensive noise, vibration, smoke, dust, odor, heat, glare, electrical, or radio disturbance shall be detectable beyond the boundary of the titled property; 9. Natural drainage of the property must be maintained. Alteration to natural drainage may proceed as recommended within the required Stormwater Management Plan, Site Drainage Plan, and Lot Grading Plan, or through issuance of a separate Lot Grading Permit; 10. Excepting those existing on the subject property at the time of this approval, no additional buildings are permitted to be constructed or located on the subject property without first obtaining necessary approvals from the Foothills County. This includes any structure with a roof; such as, any garage, tent, shelter, lean-to, shed, greenhouse, and/or any building(s) with temporary foundations; 11. The development shall at all times comply with the requirements of Alberta Environment, including with respect to water use. All required licenses and approvals from the Provincial authority shall be obtained if well water is to be used in support of the facility; 12. Water provided to the public must comply with Section 11 of the Alberta Public Health Act, Nuisance and General Sanitation Regulation 243/2003; 13. All waste materials are to be handled and disposed of under guidelines provided by governing Provincial regulatory bodies, at an approved waste disposal and/ or recycling site. There shall be no long-term storage of waste materials on the property, nor burning of waste materials on the property. All garbage, waste, and recycling materials shall be stored in weatherproof and animal proof containers that are required to be fully screened from neighbouring lands and roadways; 14. All installation(s) of exterior lighting and signage must adhere to the guidelines and technical specifications as outlined within the Dark Sky Bylaw; 15. The applicants indemnify and hold harmless the County against the cost of any claims or actions, or awards for loss or damage to the Owner(s) arising from the use of the subject property;
Page 114 16. The issuance of a development permit from the County does not relieve the applicant of the responsibility of complying with all other relevant municipal bylaws and requirements, nor excuse violation of any provincial or federal regulation or act which may affect use of the land; 17. The applicant shall be responsible for payment of any professional costs including legal fees that may be incurred by Foothills County with respect to the development approved on this permit.
OPTION #2 – REFUSE APPLICATION Should Council choose to refuse Development Permit 21D 026, they may consider the following motion and reasons for refusal: Council moved that Development Permit 21D 026 for a Commercial Riding Arena, Horse Boarding and Training Facility, Intensive Livestock Operation, and Annual Events be refused as Council is of the opinion that the application does not satisfactorily conform to those policies that guide uses within the Direct Control District #29;
APPENDICES APPENDIX A: MAP SET: LOCATION & LAND USE MAP LOT ORTHO IMAGE SUBMITTED SITE PLAN SUBMITTED ARENA LAYOUT
APPENDIX B: SUBMITTED DOCUMENTS: SUBMITTED APPLICATION DETAILS
Page 115 APPENDIX A: MAP SET
City of Calgary
A&S Cross Conservation
Subject Property
Page 116
Page 117 SUBMITTED SITE PLAN
Page 118 SUBMITTED ARENA LAYOUT Main Level
Mezzanine
Page 119 APPENDIX B: SUBMITTED DOCUMENTS: SUBMITTED APPLICATION DETAILS
Page 120 EPIC STABLES
INTRODUCTION
At EPIC, our vision and mission is to strive to uplift people by building connections between horses and humans. We provide positive life experiences that support well-being and aspire to improve the lives of individuals by providing mounted equine activities.
We are committed to professionalism and maintaining the highest standards in human-animal interactions in a safe setting, while encompassing our values of teamwork, innovation and compassion.
Page 121 P A G E 0 1 EPIC STABLES
PHILOSOPHY & PRINCIPLES
EPIC Stables is proud to have an experienced and passionate team in place. With an intrinsic drive to consistently achieve the highest possible level of quality, integrity and fairness, we are pleased to demonstrate our steadfast willingness to pursue a facility our neighbors and community partners will be proud of.
With a backdrop of expansive views and plenty of space for our animals to roam, we have engaged one of Alberta's premiere equestrian design builders, to produce a thoughtful, innovative and environmentally sustainable plan.
With designs for a new well and septic system to support the buildings throughout the property, environmental stewardship through new tree and shrub plantings and plans to work with Atco and Fortis to properly energize and manage the services required for the business, our goal is to minimize the impact to our community.
We have made every effort to inform and introduce our neighbors and community stakeholders to our team, to ensure we continue to be active voices in the process. Our team involves a 30 year veteran of the equine industry, with a competition coach specialization, who has thoughtfully laid out the requirements for a first class equestrian facility. Our second team member, is a fellow equestrian who has years of experience in real estate development. Combined with our experienced builder and the owners of EPIC, we are confident we will produce a industry leading equestrian facility.
Page 122 P A G E 0 2 EPIC STABLES
DESCRIPTION OF NEED
We would like to construct a new commercial equestrian facility, the Equestrian Performance and Innovation Centre (EPIC), located at SE 35-21-2 W5 (257001 112 St West), with the primary use as the operation of an English-style equestrian riding school. Activities would include the training of horses, along with our clients on a year round basis. Currently, there are no commercial activities are currently taking place at this parcel.
EPIC Stables would also like to hold Equine Canada/Alberta Equestrian Federation sanctioned tournaments. It is our intent to hold 2-3 horse shows a year, with up to 75 horses attending each show and between 50-100 non-riders visiting per day. These would be provincially and locally promoted shows, sanctioned by Equine Canada and /or Alberta Equestrian Federation.
On a day to day basis, the intent is to have a maximumGREAT of 40WEBSITES horses boarded ARE on the lot with approximately 5-10 owner visits per day. It isTHOSE anticipated THAT there YOUwill be approximatelyCAN 10-20 non-resident visits per day. Hours of operationFIND will AND be M ondayNAVIGATE. - Sunday, 8:00am - 9:00pm.
Incorporating a 100’ x 200’ arena and 40’ x 180’ barn, EPIC will be a unique training facility. A steel building built to meet current Foothills County bylaws and to the highest industry standards by reputable Design-Builder Ironwood Building Corp., the facility will provide crucial space for activities associated with running an English riding school.
All appropriate services and utilities will be serviced to the arena and hooked up in compliance with Alberta Building Code. Gas, electricity and water will all form the services run and connected to the building. A fire suppression pond will be constructed at the north west corner of the arena to supply a fire hydrant and sprinkler system.
Aside from building materials to construct the barn and arena, gravel will also be trucked in to form the service road around the proposed arena-barn building.
Page 123 P A G E 0 4 EPIC STABLES
ACCESS LOCATIONS
Access to and from the lot will be directly from provincial 112 Street W. Using the existing gravel road, traffic will be directed West from the existing cluster of dwellings on the property, down an embankment. Dwellings include, 2 existing houses, one tool shed and one Quonset.
The main entrance to the property will be set back further and the access gates will be made wider, allowing visitors onto the property to enter and exit with vehicles in a organized and safe manner to and from 112 Street W.
GREAT WEBSITES ARE THOSE THAT YOU CAN FIND AND NAVIGATE.
Page 124 P A G E 0 5 EPIC STABLES
DUST, NOISE & DRAINAGE
It is anticipated there will be approximately 10-20 non-resident visits per day.
Hours of operation will be Monday - Sunday, 8:00am - 9:00pm, in accordance with noise bylaws in the area.
With numerous shrub and tree plantings planned, and crushed gravel planned for the access road, it is our hope that this will help mitigate dust, noise and drainage through these methods.
Page 125 P A G E 0 5 EPICEPIC STABLES STABLES
BOARDING TRAINING & USER ACTIVITY
We estimate that we will have a maximum of 40 horses boarded onsite.
We anticipate that we will see roughly 10-20 visits each day from non-residents, such as students taking lessons, and horse owners visiting their horses. Visits will be spread out through out the day with quieter days typically Sundays.
Riding instruction will be done on an hourly basis, with a max of 4-5 riders per lesson and anticipated 4 lessons per day. Lessons conceivably will be held 7 days a week, but historically, we have not held lessons on Sundays.
During weekdays, we anticipate our head trainer will be training 5-6 horses a day onsite. Whenever possible, occupants will make use of the indoor arena.
Page 126 P A G E 0 6 MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL AGENT LETTER OF REQUEST AND 2ND AND 3RD TO BYLAW March 24, 2021 APPLICATION INFORMATION FILE NO. 20R 015 DATE APPL. COMPLETE: June 19, 2020 LEGAL DESCRIPTION: SW 13-19-29 W4M LANDOWNER: Alsa Group Inc. AGENT: Kristi Beunder, Township Planning + Design Inc. PROPOSAL: Site Specific Amendment to the Agricultural Land Use District in order to allow for ‘Auto Sales’, ‘Commercial Storage’, ‘Contractor, General’, ‘Contractor, Limited’, ‘Industrial, General’, ‘Industrial, Storage and Warehousing’, ‘Manufacturing, Light’, ‘Recreation Vehicle Storage’, ‘Warehousing and Storage’, ‘Wholesale’ and ‘Kennel, Commercial’ to be discretionary uses on a 5.0+/- acre portion of land within the southeast corner of the subject parcel.
DIVISION NO: 1 DEPUTY REEVE: Rob Siewert FILE MANAGER: Alex Vainshtein
REQUEST TO COUNCIL: This file was originally heard on October 28, 2020. Since the public hearing, a new agent has taken over the application, being Kristi Beunder of Township Planning + Design Inc. The agent has submitted a request for Council to consider amending Bylaw 54/2020 to allow for an additional Discretionary Use being a ‘Commercial Kennel’ prior to granting 2nd and 3rd reading to Bylaw 54/2020. The landowner wishes to add the proposed use as they feel it is consistent in its nature and operations with the uses that were granted 1st reading on October 28, 2020 and they also have a group willing and able to submit a Development Permit application for a Commercial Kennel should Council be supportive of this request.
Please note that the agent is requesting that 2nd and 3rd reading to Bylaw 54/2020 only be granted if Council is supportive of amending the Bylaw to include the addition of ‘Commercial Kennel’ as a Discretionary Use. If Council chooses to not approve the request, the agent is requesting that Council not grant 2nd and 3rd reading to Bylaw 54/2020 at this time, in order to allow the application to be recirculated to all required agencies and for a new Public Hearing to be scheduled to consider the additional discretionary use.
For more details, please refer to the Letter of Request provided by the agent, which has been included within this staff report as Appendix B.
BACKGROUND: On October 28, 2020 Council gave first reading to Bylaw 54/2020, which reads: Bylaw 54/2020 was introduced into the meeting to authorize a Site Specific Amendment to the Agricultural Land Use District in order to allow for ‘Auto Sales’, ‘Commercial Storage’,
Page 127 ‘Contractor, General’, ‘Contractor, Limited’, ‘Industrial, General’, ‘Industrial, Storage and Warehousing’, ‘Manufacturing, Light’, Recreation Vehicle Storage’, ‘Warehousing and Storage’, and ‘Wholesale’ to be discretionary uses on a 5.0+/- acre portion of SW 13-19- 29 W4M. Each of these proposed uses is to have a maximum number of employees not to exceed 10, no additional access to Highway 543, private garbage disposal and any outdoor storage shall be visually screened from Highway traffic.
In their consideration of the criteria noted in the Agricultural and Economy policies of the MDP2010, Growth Management Strategy, and the Land Use Bylaw 60/2014 Council is of the opinion that the proposed amendment would not be detrimental to the intended use or unduly interfere with the subject and neighbouring parcels. Furthermore, Council feels that the proposal would not be detrimental to the goals or policy of the Intermunicipal Development Plan with the Town of Highway River, specifically the Gateway Interface area; nor the policy under the Highway 2A Industrial Area Structure Plan.
Prior to further consideration the applicant is required to submit the following:
1. Final Amendment application fees to be submitted.
All conditions of 1st reading as noted above have been complied with.
Please note, this application was circulated to the Town of High River, as the application is located within the Plan Area of the Foothills County/High River Intermunicipal Development Plan, and Alberta Transportation, as the subject parcel is adjacent to Highway 543. The initial application did not contemplate Commercial Kennel as a Discretionary Use and therefore neither the Town of High River or Alberta Transportation have had the opportunity to review and comment on the proposed additional Discretionary Use.
POLICY EVALUATION: Land Use Bylaw: 2.5 Definitions: KENNEL, COMMERCIAL means the keeping of 4 or more adult dogs not owned by the resident(s) of the dwelling located on the same property for any purpose. More information on Kennels can be found in Section 10.13 of this bylaw. For boarding of other animals, please see the definition for Boarding Services and addition information in Section 10.5 Boarding Services.
Sections 10.13.11, 10.13.12, and 10.13.13 of the Land Use Bylaw outline the details of Commercial Kennel/Dog Services and identify that a Commercial Kennel is a discretionary use under Direct Control District #26. Redesignation to Direct Control District #26 is required for all Commercial Kennels in the County and if approved by Council, a Development Permit approval is also required.
‘Commercial Kennel’ is neither a discretionary or permitted use for an Agricultural District, as per section 12.1.4 and 12.1.5 of the Land Use Bylaw. The landowner is proposing that this use be approved through a Site Specific Amendment instead of rezoning the parcel to Direct Control District #26.
Page 128 OPTIONS FOR COUNCIL CONSIDERATION: OPTION #1 – APPROVAL OF REQUEST Should Council be supportive of the request to add ‘Commercial Kennel’ as an additional discretionary use and amend Bylaw 54/2020 accordingly (amendments shown below in red text), staff recommends the following motion: Council grants 2nd and 3rd readings to Bylaw 54/2020 as amended to authorize a Site Specific Amendment to the Agricultural Land Use District in order to allow for ‘Auto Sales’, ‘Commercial Storage’, ‘Contractor, General’, ‘Contractor, Limited’, ‘Industrial, General’, ‘Industrial, Storage and Warehousing’, ‘Manufacturing, Light’, ‘Recreation Vehicle Storage’, ‘Warehousing and Storage’, and ‘Wholesale’, and ‘Commercial Kennel’ to be discretionary uses on a 5.0+/- acre portion of land within the southeast corner of the subject parcel. Each of these proposed uses is to have a maximum number of employees not to exceed 10, no additional access to Highway 543, private garbage disposal and any outdoor storage shall be visually screened from Highway traffic.
OPTION #2 – NOT SUPPORTIVE OF REQUEST Should Council not be supportive of the request to add ‘Commercial Kennel’ as an additional discretionary use and amend Bylaw 54/2020 accordingly, staff recommends the following motion: Council to acknowledge the letter provided by the agent, Kristi Beunder of Township Planning + Design Inc. on behalf of the landowners requesting to add ‘Commercial Kennel’ as an additional discretionary use and is unable to consider the additional use as the revised proposal will need to be circulated to the required internal departments and external agencies for review and comment and will require a new public hearing to be scheduled to provide for appropriate public participation.
APPENDICES APPENDIX A: MAP SET: LOCATION MAP HALF MILE MAP – LAND USE SITE PLAN ORTHO PHOTO
APPENDIX B: AGENT’S LETTER TO COUNCIL
Page 129 APPENDIX A: MAP SET: LOCATION MAP
Subject Parcel Town of High River
Page 130 Page 131 APPENDIX A: MAP SET: SITE PLAN
Page 132 APPENDIX A: MAP SET: ORTHO PHOTO
Page 133 APPENDIX B: AGENT’S LETTER TO COUNCIL:
Page 134 MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL DEVELOPMENT PERMIT APPLICATION March 24, 2021 APPLICATION INFORMATION FILE NO. 21D 035 DATE APPL. COMPLETE: February 24, 2021 LEGAL DESCRIPTION: Plan 8011027 Airport Ptn. SW 19-18-28 W4M LANDOWNER: Foothills County & Town of High River APPLICANT: Nico Meijer on behalf of High River Airport Authority PROPOSAL: Installation of a Moved-On “Skid Shack” for the purpose of a Temporary Airport Terminal. DIVISION NO: 1 DEPUTY REEVE Rob Siewert FILE MANAGER: Drew Granson
EXECUTIVE SUMMARY: Summary of Proposal: Installation of a temporary “Skid Shack” (Atco style unit) for the purpose of a temporary terminal until such time that a permanent building can be afforded. The Airport Board has indicated that they have not procured a specific unit, but would be a maximum size of 28’x74’ (2,072+/- sq.ft.). Bathroom facilities are planned to be located within the unit, and septic could be either contained within the unit, or a separate buried system.
PROPERTY DESCRIPTION MUNICIPAL ADDRESS: not assigned LEGAL LAND DESCRIPTION: Plan 8011027 Airport; Ptn. SW 19-18-28 W4M LOCATION: The subject property is the main airport parcel, located within the High River Regional Airport Area Structure Plan, directly east of 104 St. E. POLICY AREA: The lands are within that area included under the High River Airport Area Structure Plan CURRENT LAND USE: Direct Control District #5 AREA OF SUBJECT LANDS: 157.01 acres
SITE CONSIDERATIONS: Proposal Location: The temporary terminal building is proposed to be located directly west of the Foothills Flight Center Inc. hangar and to the south of the recently installed fuel tank system. This is withing the main airport parcel and located at the north end of Gordon Jones Way, before it turns east towards the ‘C’ lots.
Page 135 Access: Access on the ground side of the proposed temporary terminal would be gained through Gordon Jones Way, and off of the east side of 104th Street E. Addressing: Council is advised that there is no available address for the proposed terminal location. A comprehensive addressing system should be implemented within the Airport, as the current system does not align with requirements of the Foothills Fire Department or Alberta Health Services. The proposed building is located prior to Unit #C1 on Gordon Jones Way. Note: The Airport Board has self-assigned the address of “C1-A Gordon Jones Way” for the newly installed fuel tank. The Fire Department has noted that an address is not necessary or required for the fuel tank, so they may wish to use this address for the proposed terminal structure as a temporary solution, until such time that a comprehensive address system can be adopted.
POLICY EVALUATION: High River Regional Airport Area Structure Plan (2018): The application generally meets the intent of the new Area Structure Plan as the proposal aligns with the Airside lands uses identified within the Area Structure Plan. Uses considered appropriate for Airside lands are: • Aerial application and spraying operations • Aerial photography services • Agricultural (crop production) • Air ambulance • Air cargo facilities • Airport vehicle and equipment compound • Aircraft charter operations • Aircraft fuel and provisioning services (above ground) • Aircraft parts supply and services • Aircraft sales, leasing and rentals • Aircraft storage facilities • Aircraft maintenance and operational facilities • Aviation related information services • Aviation research facilities • Baggage services • Cleaning, servicing, testing or repair activities related to aviation • Distribution hangars • Emergency response services • Fixed base operations • Flight training schools – including temporary residential facilities • Hangars • Military operations including search and rescue, RCMP and Military Cadets • Passenger terminals • Private clubs and organization related to airport activities Within the ASP, Section 4: Future Facility Development, contemplation of a future terminal building is considered, noting that the existing Foothills Flight Center building (directly east) is utilized as a quasi-terminal.
Page 136 Land Use Bylaw: Under Direct Control District #5, land use and development requirements are at the discretion of Council. The application would fall under the Airport, Aircraft Hangars, Flying Club, Aircraft Sales & Repairs, Aircraft Schools and Accessory Uses which are discretionary uses. Note: Setback requirements under Direct Control District #5 are 30 meters from property line. The intent behind these setbacks were for the entire airport and not the individual properties within the ASP area. The temporary terminal is proposed to be located within a small yard area which is approximately 130 ft. wide (east to west) by 110 feet deep (north to south), with the closest property line being at the east side of the proposed area. Staff recommends that Council acknowledge the proposed location of the proposed structure if they wish to support the application, as the proposed location will not adhere to the standard 30 meter property line setbacks from adjacent hangars to the west, the new fuel tank to the north, and the Flight Center hangar to the east. CIRCULATION REFERRALS REFEREE COMMENTS INTERNAL Public Works No Concerns. Building/Safety Applicants to obtain all necessary building and safety codes permit for the Codes proposed temporary terminal, to the discretion of the Safety Codes Officer. Municipal Fire • Fire Inspection of the terminal building prior to occupancy. Services • Ensure access for Fire department apparatus as per the Alberta Fire Code 2019 Div. B Sec 2.5.1 • Fire extinguishers are to be installed as per the Alberta Fire Code 2019 Div. B Sec. 2.1.5 and NFPA 10. • Fire Safety Plan is to be posted as per the Alberta Fire Code 2019 Div. B Sec. 3.2.2 • Exit signs and Emergency lighting to comply with Alberta Fire Code 2019 Div. B Sec 2.7.3.Address for the terminal is to be posted Addressing Recommend implementation of a comprehensive addressing plan for the airport lands. EXTERNAL Transportation Applicant’s responsibility to obtain any necessary approvals. Canada PUBLIC Western Wheel Development Permit applications on Direct Control District properties are not advertised in the Western Wheel unless a Public Hearing is held. Land Owners Development Permit applications on Direct Control District properties are not circulated to neighbouring landowners unless a Public Meeting is held.
Page 137 Summary Applicants are requesting a Development Permit on the Direct Control District #5 property, to allow for the installation of a temporary “Skid Shack” (Atco style unit) for the purpose of a temporary terminal building, on the subject property. OPTIONS FOR COUNCIL CONSIDERATION:
OPTION #1 – APPROVAL Should Council choose to approve Development Permit 21D 035, the following motion has been provided for consideration: Council moves that Development Permit 21D 035 to allow for a Temporary Terminal Building to be located on the subject property, being Plan 8011027 Airport; Ptn. SW 19-18-28 W4M, be approved subject to the following:
APPROVAL DESCRIPTION This approval allows for the placement of a Temporary Terminal Building with maximum dimensions not to exceed 28’ x 74’ to be located as illustrated within the accepted site plans.
CONDITIONS OF APPROVAL FOR COUNCIL’S CONSIDERATION: Council may wish to provide any of the following conditions, or any additional conditions, as a pre-release condition(s) should Council be of the opinion that the requirement be addressed prior to the Development Permit being signed and issued.
CONDITIONS OF APPROVAL Please note that the following requirements must be completed within the twenty-four (24) month completion period for this Development Permit unless a time extension is issued under agreement between the Development Authority and the Applicant(s). Failure to complete the conditions of approval will see the Development Permit deemed null and void. 1. The applicant shall maintain the development in accordance with all conditions of approval and plans that have been acknowledged by the County to be appropriate. Any revisions and/or additions to the use of this land shall not proceed except under benefit of appropriate approvals; 2. The applicants shall obtain any necessary building and/or safety code permits for the proposed structure, to the discretion of the Safety Codes Officer. The development is required to illustrate compliance with the requirements of the Building, Plumbing, Electrical, and Fire Codes, at all times. Requirements may include but not be limited to: fire extinguishers, emergency and exit lighting, and water closet requirements based upon occupancy load (including barrier free). Occupancy for public use of the Temporary Terminal Building shall not be granted until authorized by the Safety Codes Officer and the Fire Inspector. It is the applicant’s responsibility to provide proof of such to the Development Authority; 3. The applicants shall obtain any necessary approvals for the relocation of the proposed temporary terminal building, including but not limited to a road use agreement or RoadData permit, to the satisfaction of the Public Works Department; 4. Emergency address signage shall be installed to the satisfaction of the Fire Department; 5. It is the applicant’s responsibility to provide notification to the Development Authority upon completion of the development;
Page 138 ADVISORY REQUIREMENTS 1. Absolutely no portion of the temporary terminal building shall be used for the purpose of overnight accommodations; 2. It is the applicant’s responsibility to ensure that sufficient parking is available for use of the temporary terminal building at any given time. All parking stalls, laneways, aisles, and loading spaces shall be provided to the size and specifications as outlined in Section 9.19 of the Land Use Bylaw; 3. Parking for the physically handicapped shall be provided as per the provincial regulations and shall be considered as part of the total number of stalls required for the project. A minimum of 2% of the total number of stalls, being one (1) stall, shall be provided and clearly identified for use by the physically disabled; 4. The applicant is responsible for ensuring that approved occupancy for the temporary terminal building is not exceeded at any given time, in accordance with the applicable Building, Safety, and Fire Codes; 5. The temporary terminal building shall be used exclusively for the purpose of supporting the airport operations and transition between groundside and airside uses. No subleasing or retail uses have been contemplated within this approval; therefore, shall not be permitted, unless appropriate approvals are first obtained; 6. Natural drainage of the property must be maintained. Alteration to natural drainage may proceed as recommended within the existing Stormwater Management Plan, or through issuance of a Lot Grading Permit; 7. The applicants shall comply with the requirements of the applicable Building, Plumbing, Electrical, and Fire Codes at all times; 8. The development must meet the requirements of all applicable Federal and/or Provincial Acts, regulations and/ or guidelines, including but not limited to the requirements of Transport Canada, Navigation Canada, and Alberta Health Services; 9. There shall be no long term storage of waste material on the property, nor burning of waste materials. All garbage shall be stored within the structure on the property and subsequently disposed of at an approved waste disposal site; 10. Any new installation(s) of exterior lighting must adhere to the guidelines and technical specifications as outlined within the Dark Sky Bylaw 27/2009; 11. The issuance of a Development Permit from the County does not relieve the applicant of the responsibility of complying with all other relevant bylaws and requirements, nor excuse the violation of any provincial or federal regulation or act which may affect use of the land; 12. The applicant shall be responsible for payment of any professional costs including legal fees that may be incurred by Foothills County with respect to the development approved on this permit.
OPTION #2 REFUSE APPLICATION Should Council choose to refuse Development Permit 21D 035, the following motion has been provided for consideration: Council moves that Development Permit 21D 035 to allow for a Temporary Terminal Building to be located on the subject property, being Plan 8011027 Airport; Ptn. SW 19-18-28 W4M, be refused as the proposal lacks details on the proposed use of this structure and how this use meets the intent of the District under the Land Use Bylaw and the Area Structure Plan.
Page 139 OPTION #3 POSTPONE APPLICATION Council may choose to postpone deciding upon this application in order to hold a Public Meeting at which the applicant is in attendance. Moved that Council postpone the decision on Development Permit application 21D 035 until such time that a Public Meeting with the applicant in attendance can occur.
APPENDICES APPENDIX A: MAP SET LOCATION MAP 1 SITE PLAN: Proposed Temporary Terminal Building Location
Page 140 APPENDIX A: MAP SET
Town of High River
Subject Property
Page 141 Newly installed fuel tank
Proposed Terminal Location
Page 142