2009.06.MPC.Minutes

CARDSTON COUNTY MUNICIPAL PLANNING COMMISSION MINUTES Monday, June 8, 2009 ......

PLACE & TIME: Cardston County Administration Building, beginning at 10:02 a.m.

PRESENT: Reeve Cam Francis Roger Houghton Neal Miller Harlan Cahoon Delton Jensen Randy Janisko Ilona Schneyder

ALSO PRESENT: Murray Millward, Chief Administrative Officer. Mike Burla, Senior Planner. Janet Beck, Development Officer.

MINUTES OF Moved by Councilor Roger Houghton that the Minutes of the May 11, MPC MEETING 2009 Municipal Planning Commission Meeting be approved. MAY 11/09: Carried.

APPROVAL OF Moved by Councilor Roger Houghton that the Agenda as presented be AGENDA: approved. Carried.

2007-0-246 This subdivision was approved August 10, 2007. They have been DOUG FRENCH granted a six month time extension and they are now requesting an SW 19-5-27-4: additional three month time extension to finish this subdivision due to unforeseen circumstances.

Moved by Reeve Cam Francis that this item be filed for information. Carried.

2007-0-277 This subdivision was approved December 10, 2007. They have been DOUG FRENCH granted a six month time extension and they are now requesting SE 13-5-28-4: an additional three month time extension to finish this subdivision due to unforeseen circumstances.

Moved by Reeve Cam Francis that this item be filed for information. Carried.

2009-0-035 The Oldman River Regional Services Commission is in receipt of a sub- G & P MONSON division application from Mr. & Mrs. Gary Monson. This proposal would SE 9-3-26-4: subdivide two existing titles of 6.81 and 0.84 acres to create two new titles of 3.10 and 4.33 acres for country residential use. This proposal is adjacent to Highway No. 5 and proposes to incorporate a service road for access purposes at one common point.

This application was tabled from our May Meeting in order to obtain soil samples and review comments from Alberta Transportation. Attached are the comments from Alberta Transportation and the soil sample evaluation results for your review.

Moved by Councilor Harlan Cahoon that this item be tabled to the next Meeting in order to do a site visit and review comments from Leavitt Irrigation District. Carried.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009

2009-0-071 The Oldman River Regional Services Commission is in receipt of a FRANK KOCH subdivision application proposal that would subdivide a 5.0 acre SW 5-5-26-4: parcel from a titled area comprising 78.40 acres for country residential use. This proposal complies with the County’s subdivision policies and it recommended for approval.

This application was tabled from our May Meeting in order to review the water situation.

Moved by Reece Cam Francis THAT the country residential subdivision applied for of a portion of the SW¼ 5-5-26-W4M to create a 5.0 acre parcel from a titled area comprising 78.40 acres (C. of T. 081 364 012); BE APPROVED subject to the following:

RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 5.0 acre parcel at the market value with the actual acreage and amount to be paid to Cardston County to be determined at the final stage, for Municipal Reserve Purposes.

CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to Cardston County. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into a Development Agreement with Cardston County which shall be registered concurrently with the final plan against the title(s) being created. 3. That the applicant submit to the Subdivision Authority a copy of a sketch from an Alberta Land Surveyor that certifies the location and dimensions of the existing buildings and the exact dimensions of the lot to be subdivided.

INFORMATIVE: (a) The 10% Municipal Reserve requirement shall be provided as money in place of land on the 5.0 acre parcels being created. (b) That a legal description for the proposed parcel be approved by the Surveys Branch, Land Titles Office, Calgary. (c) TELUS Communications advises that this application does not affect their operation. (d) FortisAlberta has no objection. (e) ATCO Gas has no objections to the proposed subdivision. (f) United Irrigation District has no objection to the subdivision of the proposed 5.0 acre lot (has no irrigation rights).

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 (g) Chinook Regional Health submitted the following Comments: Based on a file review and the information provided by the applicant (i.e., as per ORRSC’s subdivision application referral), this office does not support the proposed “subdivision application plan” for the following reason: insufficient (or inadequate) information and data with respect to the sewerage and water services for the proposed lots. This Office will require the following information (including drawings and data) before we can begin to process a response to that subdivision development application:

Onsite Sewage Disposal System 1. A preliminary site evaluation for the existing and proposed onsite sewage disposal systems for the proposed two (2) Lots be carried out by a qualified onsite wastewater practitioner, geoscientist, or engineer. A copy of that report should be forwarded to our office for review. 2. Scale drawings1 [or Site Plan(s)] showing, for example: a. Location (and to scale) drawing of the existing and proposed sewage systems on the proposed lots. b. Accurate location (surveyed) of where the 200 year flood plain level was located on the property. (If proposed septic field(s) were to be located within the 200 year floodplain, the applicant must provide the surveyed location of the 200 year flood plain). c. Any proposed building site(s), driveway(s), well(s), water line(s) on (each of) the proposed Lot(s). d. Any potential down slope breakout areas within 15 m (50 ft) of the existing or proposed sewage disposal area(s) on the proposed Lots, et cetera. Water (Supply/Distribution) System 3. Description (and location) of the source of domestic water serving the Lots. 4. Applicant/owner to provide verification to the approving authority that there is sufficient and approved water allocation for the proposed development. 5. If a (private) waterworks system was contemplated, then the plan and technical specifications for that water system must be designed and certified by a qualified Professional Engineer. In addition, a copy of that plan and technical specifications should be forwarded to our office for review and filing. 6. Further (from point 5, above), the applicant should provide a description of the physical, chemical, and bacteriological water quality monitoring program (including parameters, frequency, and duration), and a commitment to carry out that program. 7. The applicant should provide confirmation that the water system meets all applicable statutory requirements, including local government bylaws. Other Information 8. A copy of the environmental assessment for that property must be forwarded to our Office for review.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 9. Existing Covenants or Registered Easements. 10. Existing and future highway/road right-of-ways. 11. Existing well(s) and sewerage system(s) on adjoining properties with 30 m (100 ft) of the subject property. Connection to Municipal Water & Sewer System If all Lots are connected to and serviced by municipal water and sewer system then this Department would have no objection to this subdivision application.

1 I recommend that a Site Plan be prepared by a Professional Surveyor or Engineer. Questions may be directed to Allan Torng at 403-653-5231. (h) Alberta Transportation submitted the following: “Reference your file to create a country residential parcel at the above noted location. The parcel to be created and the remnant land do not front onto the provincial highway system (in this instance 505) and access to the highway will be indirect solely by way of the local road system. Pursuant to the “Memorandum of Agreement” that was ratified by the Minister of Transportation and Cardston County on October 4, 2001, this application is not a required referral. Notwithstanding the foregoing, we have no objections/concerns with the creation of the country residential parcel as proposed and/or favorable consideration by the Cardston County subdivision authority.” Carried.

2009-0-072 The Oldman River Regional Services Commission is in receipt of a WILLOW subdivision application proposal that would subdivide an existing 30.0 GARDENS INC. acre parcel to create twenty lots ranging in size from 1.0 to 2.5 acres SE 35-5-22-4: for country residential use. This parcel has been recently redesignated to accommodate this proposal.

This application was tabled from our May Meeting in order to review in more detail.

Moved by Councilor Neal Miller THAT the grouped country residential subdivision applied for of a portion of the SE¼ 35-5-22-W4M to create 20 lots ranging in size from 1.0 to 2.5 acres from a titled area comprising 30.0 acres (C. of T. 071 568 876); BE APPROVED subject to the following:

RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 30.0 acres at the market value with the actual acreage and amount to be paid to Cardston County to be determined at the final stage, for Municipal Reserve Purposes.

CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to Cardston County.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into a Development Agreement with Cardston County which shall be registered concurrently with the final plan against the title(s) being created.

REASONS: 1. The Subdivision Authority is satisfied that the proposed subdivision is suitable for the purpose for which the subdivision is intended pursuant to Section 7 of the Subdivision and Development Regulation. 2. The proposed subdivision complies with both the Municipal Development Plan and Land Use Bylaw. 3. The local Subdivision Authority is authorized to waive the minimum parcel size requirements to accommodate the proposed parcels to be created.

INFORMATIVE: (a) The 10% Municipal Reserve requirement shall be provided as money in place of land on the 30.0 acres being subdivided. (b) That a legal description for the proposed parcel be approved by the Surveys Branch, Land Titles Office, Calgary. (c) The Subdivision Approval Authority of Cardston County waived the 3.0 acre minimum parcel size requirement in accordance with Section 654(2) of the Municipal Government Act in order to accommodate this proposal. (d) The Town of Magrath submitted the following: TOWN OF MAGRATH POSITION ON THE NOTICE OF APPLICATION FOR SUBDIVISION OF LAND ADJACENT TO THE TOWN OF MAGRATH LEGALLY DESCRIBED AS A PORTION OF SE 1/4 35-5-22-W4M Given the proximity of this proposed development to the Town of Magrath and the developer’s requested subdivision of this adjacent 30 acres of land into 20 country residential lots, the Town of Magrath respectfully submits the following concerns and issues relating to this proposed development: Municipal and Inter-Municipal Context Given the location of this development adjacent to the northern edge of the Town, it is important that this and any future development in this portion of Cardston County be undertaken in ways that complement the infrastructure provisions and land use pattern of the Town of Magrath. Municipal Infrastructure Issues The Town requests that the following steps be taken and become part of a development agreement, to address the potential impacts of this proposed subdivision: 1. Alberta Environment approval should be sought regarding the expansion of the Town’s water distribution infrastructure under these circumstances into this portion of Cardston County, with the Town to receive a copy. 2. Alberta Environment approval must be granted for use of the Developer’s proposed sewage collection, treatment and outflow system (including the system’s operation, management and maintenance) in this contiguous location, with the Town to receive a copy. Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009

3. The Developer needs to provide a professionally engineered water distribution and fire service plan that meets the requirements of the Town, with costs associated with the Town Engineer reviewing these plans to ensure they meet the Town’s requirements being borne by the Developer. 4. The Town requests confirmation of the methods Cardston County intends to utilize to operate and maintain the Developer’s proposed potable water distribution and fire hydrant infrastructure. 5. The Town requests that the Developer provide an Alberta Environment-approved storm water management plan that harmonizes with the Town’s storm water management planning and that the Town receive a copy of both the plan and the approval. The storm water plan shall be required to be reviewed by the Town’s Engineer to ensure that the storm water does not affect the Town with the costs of the review being borne by the Developer. 6. The Town needs to know the Developer’s plans for irrigated water infrastructure to each lot and how this will integrated with Town irrigation water infrastructure. 7. The Developer needs to provide a properly engineered road construction and maintenance strategy that is compatible with those provided in the Town. 8. Given the location of these contiguous lands, all infrastructure and subdivision provisions need to be closely coordinated between Cardston County and the Town. Future Subdivision and Development The proposed layout does not anticipate or accommodate future subdivision of lands currently within the Town boundary. This lack of planning will negatively impact landowners within the Town of Magrath and limit their development options in the future. A provision of an urban overlay by the developer should be considered at this time which demonstrates how the proposed large lots may be further subdivided and what lanes or roads may be required that would allow access for future development on both County and Town lands. Landscape Treatment The Town of Magrath is increasingly requiring street tree treatments to appropriately frame and integrate new development. This enables the Town to reinforce its distinctive Plat of Zion and Garden City traditions. The Town would like to provide input on street and boulevard treatments, given the location of this proposed subdivision, in order to preserve the visual and historic quality of our growing community. The Town of Magrath is prepared to work closely with Cardston County and the Developer to insure that this and further development in the Magrath region is coordinated in the best interests of both Municipalities. If there are questions about the Town’s concerns or requirements, please do not hesitate to contact us.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 (e) Telus has no objections but recommended “That the developer contact Telus when electrical plans are finalized, or six weeks prior to start (whichever is longer), and provide Telus if required, with the following: 1. Buried facilities would be placed in a 2 or 3 party joint use trench which is normally within a Utility Right of Way, at front of property. It is the Developer’s responsibility to supply the trenching and all joint use pedestals, as well as the placement of Telus supplied cable. Telus will produce the Telecommunications Work Plans, and provide inspections and acceptance testing during construction at no charge. 2. Provide 3.5m easements and place all conduits or road crossings, driveway crossings, if required. 3. The developer be aware they will be billed 100% of costs incurred for any redesign which is a result of changes that occur after Telus’ initial design has been completed and/or relocation of Telus’ existing Network Facilities. 4. For design purposes, a copy of Subdivision plans, a 3.5 inch floppy disc, DXF format, or E-mail with .dgn file would be appreciated. 5. If a bare land situation, the developer is responsible for trenching, supplying and installing all pedestals, conduit and cabinets. Should you require further information, please contact Wade Packard at 403-382-2517 in Lethbridge or by direct correspondence.” (f) FortisAlberta has no objection. (g) ATCO Gas requires a Utility Right of Way as shown hi-lighted on the attached plan. The Utility Right of Way is to be 6.0 meters in width registered to and supported with an easement in favor of ATCO Gas. When the plan is prepared, please contact our Land Department in Lethbridge at (403) 380-5417 to prepare the easement document. (h) The Magrath Irrigation District has no objection to the above noted property being subdivided provided that the 30 acres of irrigation are sold and/or permanently transferred, in accordance with MID Policy and the Irrigation Districts Act. Homeowners will have to apply to the MID for a Household Purposes Agreement for each lot sold within the subdivision if they want to have access to irrigation water. (i) Chinook Regional Health submitted the following Comments: Based on a file review and the information provided by the applicant (i.e., as per ORRSC’s subdivision application referral), this office would support the proposed “subdivision application plan” subject to the applicant meeting the following conditions: Proposed Secondary Wastewater Treatment & MID Irrigation 1. Proposed wastewater treatment system & MID Irrigation should be reviewed and approved by Alberta Ministry of Environment, and installed by a certified wastewater practitioner or qualified professional (civil) engineer.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 Water (Supply/Distribution) System 2. Lots to be serviced by municipal (potable) water supply (& distribution) system. 3. Applicant/owner to provide verification to the approving authority that there is sufficient and approved water allocation for the proposed development. Other Information 4. A copy of the environmental assessment for that property must be forwarded to our office for review. Questions may be directed to Allan Torng at 403/653- 5231. Carried.

2009-0-089 The Oldman River Regional Services commission is in receipt of a 1098342 AB LTD subdivision application from 1098342 Alberta Ltd.-Cheryl Anderson. C. ANDERSON The proposal would subdivide an existing 168.78 acre title adjacent to SW 3-1-24-4: the U.S.A. border to create a 10.0 acre parcel for country residential use. The proposed site contains a developed residence and accessory building delineated by fence lines and corrals.

Moved by Councilor Delton Jensen THAT the country residential subdivision applied for of the SW¼ 3-1-24-W4M to create a 10.0 acre parcel from a titled area comprising 168.78 acres (C. of T. 041 199 521); BE APPROVED subject to the following:

INFORMATIVE: (a) Since the proposed subdivision complies with Section 663(a) of the Municipal Government Act, Reserve is not required. (b) That a legal description for the proposed parcel be approved by the Surveys Branch, Land Titles Office, Calgary. (c) TELUS Communications advises that this application does not affect their operation. (d) FortisAlberta has no objection. Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 (e) Chief Mountain Gas Co-op has no objection to the subdivision “as long as our Utility Right of Way remains on title. Also, that any relocating of lines requested by the owner because of this subdivision will be at the owners cost. All contracts for gas service will be supplied as needed and at owners cost. If this subdivision splits a gas contract that serves two homes a new contract will have to be purchased by the owner. We request that a service Agreement be signed by the Applicant prior to subdivision finalization.” (f) Chinook Regional Health submitted the following Comments: Based on a file review and the information provided by the applicant (i.e., as per ORRSC’s subdivision application referral), this office does not support the proposed “subdivision application plan” for the following reason: insufficient (or inadequate) information and data with respect to the sewerage and water services for the proposed lots. This office will require the following information (including drawings and data) before we can begin to process a response to that subdivision development application:

Onsite Sewage Disposal System 1. A preliminary site evaluation for the existing and proposed onsite sewage disposal systems for the proposed and remainder lots be conducted by a qualified onsite wastewater practitioner, geoscientist, or engineer. A copy of that report should be forwarded to our office for review. 2. Scale drawings1 [or Site Plan(s)] showing, for example: a. Location (and to scale) drawing of the existing and proposed sewage systems on the remainder and proposed lots, respectively. b. Accurate location (surveyed) of where the 200 year flood plain level was located on the property. (If proposed septic field(s) were to be located within the 200 year floodplain, the applicant must provide the surveyed location of the 200 year flood plain). c. Any proposed building site(s), driveway(s), well(s), water line(s) on (each of) the proposed Lot. d. Existing buildings, wells, sewerage systems, underground services, and driveways on both the proposed and remainder lots. e. Any potential down slope breakout areas within 15 m (50 ft) of the existing or proposed sewage disposal area(s) on the proposed Lots, et cetera. Water (Supply/Distribution) System Description (and location) of the source of domestic water serving the remainder lot. 4. Description (and location) of the proposed domestic water source serving the proposed lot. 5. Applicant to provide verification of sufficient water allocation to the approving officer.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 6. If a waterworks system was contemplated, then the plan and technical specifications for that water system must be reviewed by Alberta Environment (Drinking Water Operations, Southern Region). In addition, a copy of that plan and technical specifications should be forwarded to our office for filing. Other Information 7. A copy of the environmental assessment for that property must be forwarded to our office for review. 8. Existing Covenants or Registered Easements. 9. Existing and future highway/road right-of-ways. 10. Existing well(s) and sewerage system(s) on adjoining properties with 30 m (100 ft) of the subject property.

1 I recommend that a Site Plan be prepared by a Professional Surveyor or Engineer. Questions may be directed to Allan Torng at 403/653-5231. (g) Robert G. Harvie of Huckvale Wilde Harvie MacLennan submitted the following: “With respect to the foregoing, our client has been provided with a notice of application for subdivision of the SW ¼ 3-1-24-W4. We can advise that our client, Gary Anderson, holds an option to purchase the whole of that land – which option has been registered by way of caveat. Our client is in fact exercising that option, and as such, will be purchasing the whole of that land, and is not desirous of purchasing a part only, and as such, is formally opposing the said application – being a interest holder in that property. We would accordingly request that the application for subdivision be denied, as being made without consent of the entitled owner by way of exercise of option to purchase, as long before the subdivision could take place, we will in fact be the owner pursuant to exercise of the option. Should you have any questions or concerns regarding the foregoing, please direct same to our office.” (i) Gary Anderson of Anderson Ranching Ltd. submitted the following: “Regarding the Notice of Application for subdivision of SW1/4 3-1-24-W4M in the Cardston County. I, Gary Anderson have an option to purchase the said land as per Judge Michael Porter’s Final Judgment in a divorce settlement. Therefore I am in objection to the subdivision of the said land pending the outcome of the court’s decision. If you have any queries regarding any of the above, please contact me.” Carried.

2009-0-090 The Oldman River Regional Services Commission is in receipt of a 751723 AB LTD subdivision application from 751723 Alberta Ltd.-John and Beverly JOHN WYSOCKI Wysocki. The proposal would add 0.09 acres to an existing 0.11 acre LOT 1 BLK 1 parcel to increase the overall size to 0.20 acres for recreational use. PLN 9412212 & This is the third such proposal at the Great Canadian Barn Dance to LOT 20 BLK 3 increase the size of existing lots. This application complies with the PLN 0512204 IN land use provisions in the Cardston County planning documents. NE 31-4-27-4: Moved by Reeve Cam Francis that this item be tabled to our next Meeting in order to do a site visit. Carried. Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009

2009-0-102 The Oldman River Regional Services Commission is in receipt of a MARY A. JONES subdivision application from Mary Ann Jones. This proposal would S ½ 36-5-22-4: subdivide a 3.0 acre parcel from a title area comprising 52.50 acres for country residential use. This property has recently been re-designated to Single Lot Country Residential to accommodate this subdivision.

Moved by Councilor Neal Miller THAT the single lot country residential subdivision applied for of a portion of the S½ 36-5-22-W4M to create a 3.0 acre parcel from a titled area comprising 52.50 acres (C. of T. 091 058 372); BE APPROVED subject to the following:

RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 3.0 acres at the market value with the actual acreage and amount to be paid to Cardston County to be determined at the final stage, for Municipal Reserve Purposes.

INFORMATIVE: (a) The 10% Reserve requirement shall be provided as money in place of land on the 3.0 acre parcel being created. (b) That a legal description for the proposed parcel be approved by the Surveys Branch, Land Titles Office, Calgary. (c) The Town of Magrath submitted the following: TOWN OF MAGRATH COMMENTS ON A NOTICE OF APPLICATION FOR SUBDIVISION OF LAND; LEGAL DESCRIPTION S1/2 36-5-22-W4M

1. The Town of Magrath is interested in the preservation of the Pothole Creek bottom lands abutting the historic Galt Canal corridor and would appreciate it if consideration could be given to taking part of the creek bottom as municipal reserve.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009

2. The Town of Magrath would also like to be informed on whatever is being planned in future for the residual parcel given the significance of this important natural and historic canal corridor adjacent to the Town’s industrial area and potential recreation facilities within the former town sewer lagoons. (d) TELUS Communications has no objection to the proposed subdivision. (e) FortisAlberta has no objection. (f) Chief Mountain Gas Co-op has no objection to the subdivision “as long as our Utility Right of Way remains on title. Also, that any relocating of lines requested by the owner because of this subdivision will be at the owners cost. All contracts for gas service will be supplied as needed and at owners cost. If this subdivision splits a gas contract that serves two homes a new contract will have to be purchased by the owner. We request that a service Agreement be signed by the Applicant prior to subdivision finalization.” (g) Magrath Irrigation District has no objection to the above noted property being subdivided provided that the 10 acres of irrigation remain on the 49.5 acre parcel. The 3.0 acre country residential parcel will have to apply to the MID for a Household Purposes Agreement if they want to have access to irrigation water. (h) Chinook Regional Health submitted the following Comments: Based on a file review and the information provided by the applicant (i.e., as per ORRSC’s subdivision application referral), this office does not support the proposed “subdivision application plan” for the following reason: insufficient (or inadequate) information and data with respect to the sewerage and water services for the proposed lots. This office will require the following information (including drawings and data) before we can begin to process a response to that subdivision development application: Onsite Sewage Disposal System 1. A preliminary site evaluation for the existing and proposed onsite sewage disposal systems for the proposed two (2) Lots be carried out by a qualified onsite wastewater practitioner, geoscientist, or engineer. A copy of that report should be forwarded to our office for review. 2. Scale drawings1 [or Site Plan(s)] showing, for example: a. Location (and to scale) drawing of the existing and proposed sewage systems on the proposed lots. b. Accurate location (surveyed) of where the 200 year flood plain level was located on the property. (If proposed septic field(s) were to be located within the 200 year floodplain, the applicant must provide the surveyed location of the 200 year flood plain).

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 c. Any proposed building site(s), driveway(s), well(s), water line(s) on (each of) the proposed Lot(s). d. Any potential down slope breakout areas within 15 m (50 ft) of the existing or proposed sewage disposal area(s) on the proposed Lots, et cetera. Water (Supply/Distribution) System 3. Description (and location) of the source of domestic water serving the Lots. 4. Applicant/owner to provide verification to the approving authority that there is sufficient and approved water allocation for the proposed development. 5. If a (private) waterworks system was contemplated, then the plan and technical specifications for that water system must be reviewed by Alberta Environment (Drinking Water Department, Southern Region). In addition, a copy of that plan and technical specifications should be forwarded to our office for filing. 6. Further (from point 5, above), the applicant should provide a description of the physical, chemical, and bacteriological water quality monitoring program (including parameters, frequency, and duration), and a commitment to carry out that program. 7. The applicant should provide confirmation that the water system meets all applicable statutory requirements, including local government bylaws. Other Information 8. A copy of the environmental assessment for that property must be forwarded to our office for review. 9. Existing Covenants or Registered Easements. 10. Existing and future highway/road right-of-ways. 11. Existing well(s) and sewerage system(s) on adjoining properties with 30 m (100 ft) of the subject property.

1 I recommend that a Site Plan be prepared by a Professional Surveyor or Engineer. Questions may be directed to Allan Torng at 403-653-5231. (i) Alberta Environment submitted the following: “The above noted application is for a subdivision of land in the County of Cardston adjacent to the Town of Magrath. The application does not specify the source of water supply for the existing dwelling on the proposed subdivision of land. If the existing dwelling receives water from the Town the following applies. The license for the Town of Magrath was issued for Municipal purposes (urban water supply). The licensed volume and rate was granted based on the anticipated use of residents within the boundaries of the Town of Magrath.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 The license volume would have included sufficient allowance to account for an increase in demand due to development within Town, but would not have anticipated the increase in demand from supply of water to users outside of Town boundaries. It is therefore our interpretation that use of water under the Town's license but delivered to users outside of Town boundaries is not in keeping with the license purpose. A separate allocation for the dwelling may be obtained via a transfer of a license under the Water Act. The landowner would be responsible for finding a license owner willing to transfer the allocation and making the application. A license for the subdivision may be delivered to the Town of Magrath for treatment prior to delivery to the dwelling.”

Carried.

2009-0-106 The Oldman River Regional Services Commission is in receipt of a L & K VADNAIS a subdivision proposal from Lavern & Katherine Vadnais. This proposal LT 2 BLK 1 PLN would subdivide the last phase of the Vadnais subdivision comprising 0210372 IN 40.99 acres. This proposal would create 8 lots ranging in size from 3.0 SW 5-3-25-4: to 6.69 acres as well as two access roadways west of the original plan which was registered in 2008.

Moved by Councilor Harlan Cahoon THAT the grouped country residential subdivision applied for of Lot 2, Block 1, Plan 0210372 lying in a portion of the SW1/4 5-3-25-W4M to create 8 lots ranging in size from 3.0 to 6.69 acres from a titled area comprising 40.99 acres (C. of T. 081 190 821+9); BE APPROVED subject to the following:

RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money or land on the 40.99 acres at the market value with the actual acreage or amount to be paid to Cardston County to be determined at the final stage, for Municipal Reserve Purposes.

CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to Cardston County. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into a Development Agreement with Cardston County which shall be registered concurrently with the final plan against the title(s) being created. 3. ATCO Gas requires a Utility Right-of-Way prior to finalization.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009

INFORMATIVE: (a) The 10% Reserve requirement shall be provided as money in place of land on the 40.99 acre parcel being subdivided. (b) That a legal description for the proposed parcel be approved by the Surveys Branch, Land Titles Office, Calgary. (c) The Cardston Town Council has reviewed the proposed subdivision and objects to any further subdivision around the Town limits. The Cardston Town Council is requesting that prior to Cardston County approving any further subdivisions in the fringe area of the Town of Cardston that the Water Conveyance agreement is finalized and the Town of Cardston is provided with an Area Structure Plan for the fringe areas around the Town of Cardston. (d) Telus has no objections but recommended “That the developer contact Telus when plans on behalf of Fortis are finalized, or six weeks prior to start (whichever is longer), and provide Telus if required, with the following: 1. Buried facilities would be placed in a 2 or 3 party joint use trench which is normally within a Utility Right of Way, at front of property. It is the Developer’s responsibility to supply the trenching and all joint use pedestals, as well as the placement of Telus supplied cable. Telus will produce the Telecommunications Work Plans, and provide inspections and acceptance testing during construction at no charge. 2. Provide 3.5m easements and place all conduits for road crossings, driveway crossings, if required 3. The developer be aware they will be billed 100% of costs incurred for any redesign which is a result of changes that occur after Telus’ initial design has been completed and/or relocation of Telus’ existing Network Facilities. 4. For design purposes, a copy of Subdivision plans, a 3.5 inch floppy disc, DXF format, or E-mail with .dgn file would be appreciated. 5. If a bare land situation, the developer is responsible for trenching, supplying and installing all pedestals, conduit and cabinets. Should you require further information, please contact Brian Symborski at 403-382-2518 in Lethbridge or by direct correspondence.” (e) FortisAlberta has no objection. (f) ATCO Gas requires a Utility Right of Way as shown hi-lighted on the attached plan. The Utility Right of Way is to be 6.0 meters in width registered to and supported with an easement in favor of ATCO Gas. When the plan is prepared, please contact our Land Department in Lethbridge at (403) 380-5417 to prepare the easement document.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009

(g) Chinook Regional Health submitted the following Comments: Based on a file review and the information provided by the applicant (i.e., as per ORRSC’s subdivision application referral), this office cannot comment on the proposed “subdivision application plan” for the following reason: insufficient (or inadequate) information and data with respect to the sewerage and water services for the proposed lots. This office will require the following information (including drawings and data) before we can begin to process a response to that subdivision development application: Onsite Sewage Disposal System 1. A preliminary site evaluation for the existing and proposed onsite sewage disposal systems for the proposed eight (8) Lots be carried out by a qualified onsite wastewater practitioner, geoscientist, or engineer. A copy of that report should be forwarded to our office for review. 2. Scale drawings1 [or Site Plan(s)] showing, for example: a. Location (and to scale) drawing of the existing and proposed sewage systems on the proposed lots. b. Accurate location (surveyed) of where the 200 year flood plain level was located on the property. (If proposed septic field(s) were to be located within the 200 year floodplain, the applicant must provide the surveyed location of the 200 year flood plain). c. Any proposed building site(s), driveway(s), well(s), water line(s) on (each of) the proposed Lot(s). d. Any potential down slope breakout areas within 15 m (50 ft) of the existing or proposed sewage disposal area(s) on the proposed Lots, et cetera. Water (Supply/Distribution) System 3. Applicant/owner indicated that the proposed lots will be connected to the (Cardston) municipal water supply and service. 4. The Developer/Owner to provide verification to the approving authority that there is sufficient and approved water allocation for the proposed development. Other Information 5. A copy of the environmental assessment for that property must be forwarded to our office for review. 6. Existing Covenants or Registered Easements. 7. Existing and future highway/road right-of-ways. 8. Existing well(s) and sewerage system(s) on adjoining properties with 30 m (100 ft) of the subject property.

1 I recommend that a Site Plan be prepared by a Professional Surveyor or Engineer. Questions may be directed to Allan Torng at 403/653-5231.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 (h) Alberta Environment submitted the following: “Further to your Notice of Application letter of May 15, 2009 I offer the following information. The license for the Town of Cardston was issued for Municipal purposes (urban water supply). The licensed volume and rate was granted based on the anticipated use of residents within the boundaries of the Town of Cardston. The license volume would have included sufficient allowance to account for an increase in demand due to development within Town, but would not have anticipated the increase in demand from supply of water to users outside of Town boundaries. It is therefore our interpretation that use of water under the Town's license but delivered to users outside of Town boundaries is not in keeping with the license purpose. Should the proponent decide to pursue Household Rights for their subdivision Section 23 of the Water Act requires a report to be completed if the subdivision of land results in 6 or more parcels on a quarter-section. This report must show there is sufficient water (1250 m3/year), on or under the land, without interfering with other water users, for every parcel to claim the household statutory right. In addition the source of water cannot be shown to have a groundwater – surface water connection. Should the report not be submitted at the time of subdivision each parcel within the subdivision would not be entitled to the household statutory right. The options for obtaining water would then include: 1. each subdivision parcel submitting an application to license a groundwater well separately; 2. trucking water in from a source licensed under the Water Act, and storing it in cisterns for each parcel; or 3. acquiring a transfer of an existing water allocation. In this case the total number of parcels in this quarter-section will result in a total number in excess of 6. Should the applicant wish to pursue a household statutory right for each new parcel a report under Section 23 of the Water Act, as noted above, would be required prior to subdivision approval. Should the household statutory right for water not be pursued for each new parcel the applicant may pursue any of the above noted options to legally obtain water. In addition please note that Section 46 of the Water (Ministerial) Regulation of the Water Act requires a minimum of 10 meters between a septic tank and a water well and 15 meters between a septic field and a water well. Please feel free to call Jeff Gutsell, P.Geol. at (403) 381-5301 if you have any questions.” (i) Alberta Transportation submitted the following: “Reference your file to create seven (7) grouped country residential parcels at the above noted location. The proposal is contrary to Section 14 and subject to the requirements of Section 15(2) of the Subdivision and Development Regulation, being Alberta Regulation 43/2002, (“the regulation”).

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 The Department’s primary objective is to allow subdivision and development of adjacent properties in a manner that will not compromise the integrity and associated safe operational use or the future expansion of the provincial highway system. To that end, for subdivision and development purposes the Department has classified Highway 501 as a minor two-lane highway (low volume ≤ 320 ASDT) of which allows the department considerable latitude when considering applications along this route. Given this, the prior phase of this development created nine (9) country residential lots (2007-0-390) and was to relocate/utilize an existing direct access of which is consistent with the existing access management strategy for this stretch of highway. Moreover, the vertical and horizontal alignment of the highway and the topography in general would at this juncture make any consideration for a continuous paralleling service road impracticable and/or redundant. The direct highway access has been constructed to a modified Type I intersection design of which is adequate to accommodate the additional traffic that would be generated by the proposed grouped country residential parcels. As such, strictly from Alberta Transportation’s point of view, we do not anticipate that the creation of the grouped country residential parcels as proposed would have any appreciable impact on the highway. Therefore, in this instance the department grants a waiver of said Sections 14 and 15(2). Even though the waiver of Section 15(2) has been granted, the applicant is advised that no additional access to the highway will be allowed as a result of this application and that the existing direct access could remain on a temporary basis only. Section 16 of the regulation only states that the requirements of Sections 14 and 15 may be varied. Although the unconditional variance of Section 15(2) has been granted for this application, it has been granted under site specific circumstance (minor two- lane highway) and it should not be construed that this variance would set precedent or be granted as a matter of course. Notwithstanding the foregoing, the applicant would also be advised that any future development/subdivision of the subject property would be subject to the terms and conditions of the “Memorandum of Agreement” (“the agreement”) that was ratified by the Minister of Transportation and Cardston County on October 4, 2001. Pursuant to the agreement, provided that no new access to the highway is proposed and the minimum development setback as defined in the agreement is maintained, future development proposals could proceed under the direction, control and management of the county. The applicant could contact the department through the undersigned, at Lethbridge 403/381- 5426, in this regard. The Department accepts no responsibility for the noise impact of highway traffic upon any development or occupants thereof. Noise impact and the need for attenuation should be thoroughly assessed. The applicant is advised that provisions for noise attenuation are the sole responsibility of the developer and should be incorporated as required into the subdivision/development design.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009 Any peripheral lighting (yard lights/area lighting) that may be considered a distraction to the motoring public or deemed to create a traffic hazard will not be permitted. Further, should the approval authority receive any appeals in regard to this application and as per Section 678(2.1) of the Municipal Government Act and Section 5(5)(d)(ii) of the regulation, Alberta Transportation (AT) agrees to waive the referral distance for this particular subdivision application. As far as AT is concerned an appeal of this subdivision application may be heard by the local Subdivision and Development Appeal Board provided that no other provincial agency is involved in the application. Carried.

ROBERT FARREN This is in reference to File No. 2007-0-159 (Craig Carnell). In the RE: 2007-0-159: original subdivision file Mr. Farren was of the understanding that an easement had been applied for and was in place at the time of the subdivision.

Moved by Reeve Cam Francis that this item be filed for information. Carried.

10:00 Development Permit 020.09 is to utilize the designated lands in the PUBLIC MTG. SE 6-3-26-4 for Shinah House Foundation (Pilling, Dale & Karen) SHINAH HOUSE SE 6-3-26-4: Moved by Councilor Randy Janisko that Council recess to hold a Public Meeting at 10:00 a.m. Carried.

DEV. PERMIT This Development Permit was discussed after the Public Meeting. 020.07 SHINAH HOUSE Moved by Councilor Randy Janisko that Shinah House be given a SE 6-3-26-4: Development Permit with the following conditions:

1. Any changed to land, buildings, or their program needs approval from Council first. Carried.

KARL The Administrator has spoken to Mr. Bryce Karl about this situation and RANCHES: will discuss further with Council.

Moved by Reeve Cam Francis that this item be filed for information. Carried.

BY-LAW This By-Law was given 2nd reading at the January 2009 533/2008: and was tabled at the May Meeting, in order to obtain more information.

Moved by Councilor Delton Jensen that this item be tabled to our next Meeting. Carried.

BY-LAW Mr. & Mrs. Golden Layton have applied for a Land Use By-Law 572/2009 Amendment at the NE 36-4-27-4. They would like to change the G. LAYTON: land designation from Agriculture – AG to Rural Recreational – RR.

Moved by Councilor Neal Miller that this item be filed for information. Carried.

Cardston County Municipal Planning Commission Minutes Monday, June 8, 2009

BY-LAW Mr. Mark Hasegawa has applied, on behalf of Mr. Dustin Thompson for 573/2009 a Land Use By-Law Amendment on Lot 1 Block 2 Plan 0310090 within 411614 AB LTD the NE 2-2-28-4. They have previously submitted their Area Structure NE 2-2-28-4: Plan and would like to now request a zoning change from Agriculture – AG – to Grouped Country Residential – GCR.

Moved by Councilor Harlan Cahoon that this item be filed for information. Carried.

BRIAN HAEFEY Mr. Haefey has purchased 4.99 acres out of a residual parcel containing LOT 1 BLOCK 66.52 acres. His access and well to his 4.99 acre parcel remains on the 3 PLN 0311089 66.52 acres. He is inquiring as to what his options may be; could he NW 27-2-26-4: possibly approach the titled owner to subdivide the approximate 20.0 acres off of the 66.52 acres and consolidate it with his existing 4.99 acres. In doing this it would rectify the access and well situation.

Moved by Reeve Cam Francis that this item be filed for information. Carried.

ADJOURNMENT: Moved Councilor Delton Jensen that the Municipal Planning Commission Meeting adjourn at 1:30 p.m. Carried.

______REEVE

______CHIEF ADMINISTRATIVE OFFICER