MINUTES OF THE MUNICIPAL PLANNING COMMISSION Tuesday, September 23, 2008 Red Deer County Council Chambers, Red Deer County Centre

Transcription

1 MINUTES OF THE MUNICIPAL PLANNING COMMISSION Tuesday, September 23, 2008 Red Deer County Council Chambers, Red Deer County Centre Present: Absent: Chairman Councillor R. Poth, Councillors P.T. Archibald, G.W. Gehrke, D.G. Hoar, T.J. Lougheed and J.J. Wood. Mayor E.R. Kinsella. Staff Present: County Manager C. Herzberg, Assistant County Manager R. Henderson, Corporate Services Director T. Allen, Planning and Development Manager D. Bonnett, Corporate Communications Manager D. Brinkworth, Municipal Intern A. Allison, Planners D. Bedford, T. Kowalski, P. Lyon and C. Tinney and Legislative Services Manager N. Lougheed. 1.0 CALL TO ORDER Chairman Councillor R. Poth called the meeting to order at 9:30 a.m. 2.0 AGENDA MPC Moved by Councillor P.T. Archibald to approve the agenda as submitted. 3.0 APPROVAL OF THE MINUTES MPC Moved by Councillor T.J. Lougheed to approve the minutes of the September 2, 2008, meeting as submitted. 4.0 BUSINESS FROM THE MINUTES 4.1 Platinum Communication Pt SW (Division 1) 0.23 acres Commercial Recreation District C-5 Requesting approval to install an 88-foot high communication tower on the above site. The property is located on the west side of Pine Lake, within the Whispering Pines Resort. Persons present who spoke to this application: Trevor Perraton, Platinum Communications. MPC MPC Moved by Councillor J.J. Wood to deny the application to locate an 88-foot high communication tower on Pt SW as the location being proposed within a residential area is not an appropriate location for a communication tower. MOTION DEFEATED Councillors Archibald and Wood in favor Councillors Gehrke, Hoar, Lougheed and Poth opposed Moved by Councillor G.W. Gehrke to approve the application to locate an 88-foot high communication tower on Pt SW , subject to the following conditions being met to the satisfaction of the Development Officer:

2 Minutes of the Municipal Planning Commission, September 23, 2008 Page 2 accordance with the attached conceptual plans (site layout, landscaping, parking layout and building elevations) together with the detailed plans (site layout, landscaping, parking layout, building elevations, storm water management and utility servicing), which are to be prepared pursuant to the conceptual plans and comply with the County s Design Guidelines & General Construction Specifications. 3. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 4. The decision being advertised in a local paper and no appeal against said CARRIED Councillors Gehrke, Hoar, Lougheed and Poth in favor Councillors Archibald and Wood opposed 4.2 Gary Bilecki Lot 7, Block 1, Plan , SW (Division 2) 3.01 acres Country Residential District R-1 Requesting approval to locate a metre (35 ) high small wind turbine on the above site. The property is located approximately 3 miles north of the City of Red Deer, south of the Blindman River in North Lane Estates. MPC Moved by Councillor G.W. Gehrke to approve the application to locate a metre (35 ) high small wind turbine on Lot 7, Block 1, Plan , SW , subject to the following conditions being met to the satisfaction of the Development Officer: accordance with the attached conceptual plans (site layout, landscaping and building elevations) together with the detailed plans, which are to be prepared pursuant to the conceptual plans and comply with the County s Design Guidelines & General Construction Specifications. 3. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 4. Any contamination of the environment resulting from the Applicant s activities shall be remediated at the developer s cost. 5. The decision being advertised in a local paper and no appeal against said CARRIED Councillors Archibald, Gehrke, Hoar, Lougheed and Poth in favor Councillor Wood opposed 4.3 Steve Battenfelder Lot 1, Block 1, Plan , NE (Division 5) 4 acres Agricultural District Ag Requesting approval to construct an accessory building on the above bare parcel. The property is located approximately 2 miles east of the Hamlet of Benalto, south of Hwy 11 on Twp Rd 386. MPC Moved by Councillor T.J. Lougheed to approve the application to construct an accessory building (approximately 2,400 sq. ft) on a bare agricultural parcel at

3 Minutes of the Municipal Planning Commission, September 23, 2008 Page 3 Lot 1, Block 1, Plan , NE , subject to the following conditions being met to the satisfaction of the Development Officer: 1. Accessory Building shall be removed from property if Primary Residence is not substantially constructed within two years of issuance of Accessory Building development permit. accordance with the attached conceptual plans (site layout and building elevations) together with the detailed plans (site layout and building elevations), which are to be prepared pursuant to the conceptual plans and comply with the County s Design Guidelines & General Construction Specifications. 3. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 4. Any contamination of the environment resulting from the Applicant s activities shall be remediated at the developer s cost. 5. The decision being advertised in a local paper and no appeal against said 4.4 Roydale New Holland Pt NE (Division 6) 2.2 acres Business Service Industrial District BSI Requesting approval to display machinery in connection with an existing farm machinery sales business on the above site. The property is located west of the City of Red Deer, south of Hwy 11 in the Belich Business Park. MPC MPC Moved by Councillor J.J. Wood to approve the application to display current models of machinery associated with the business on Pt NE adjacent to Lot 13, Plan , NE , subject to conditions being met to the satisfaction of the Development Officer. NO VOTE TAKEN Moved by Councillor G.W. Gehrke to refer decision on the application to display current models of machinery associated with the business on Pt NE adjacent to Lot 13, Plan , NE for further discussion on a County policy in relation to display of items along highway corridors. CARRIED Councillors Gehrke, Hoar, Lougheed and Poth in favor Councillors Archibald and Wood opposed 5.0 NEW BUSINESS 5.1 Chad and Trena McKinnon Lot 62, Plan , NW (Division 1) 0.07 acres Condominium Resort Residential District R-7 Requesting approval of a rear yard setback relaxation for the location of an attached deck on the above site. The property is located on the west side of Pine Lake, within Phase 4 of the Whispering Pines Resort. MPC Moved by Councillor J.J. Wood to approve the application for a 0.9-metre (3 ) rear yard setback relaxation for the location of an attached deck on Lot 62,

4 Minutes of the Municipal Planning Commission, September 23, 2008 Page 4 Plan , NW , subject to the following conditions being met to the satisfaction of the Development Officer: accordance with the attached detailed plans (site layout and building elevations), which are to comply with the County s Design Guidelines & General Construction Specifications. 3. Once the permit is issued, the applicant is to provide any revised drawings clearly indicating any changes to the approved drawing set, if applicable. 4. Subsequent to development completion, the applicant is to provide one set of as-built drawings confirming the building location, site work and drainage provisions are in accordance with the approved plans and drawings. 5. Any contamination of the environment resulting from the Applicant s activities shall be remediated at the developer s cost. 6. The decision being advertised in a local paper and no appeal against said decision being successful 5.2 John Blocksom SW (Division 3) 80 acres Agricultural District Ag Requesting approval to operate a recreation vehicle storage business on the above site. The property is located south of the City of Red Deer, south of Hwy 595, on the east side of Rge Rd 272. MPC Moved by Councillor P.T. Archibald to approve the application for a Home Occupation Major to accommodate recreation vehicle storage on 2.75 acres on SW , subject to the following conditions being met to the satisfaction of the Development Officer: accordance with the attached detailed plans (site layout and building elevations), which are to be prepared pursuant to and comply with the County s Design Guidelines & General Construction Specifications. 3. An annual review of the RV storage to be conducted by Red Deer County. 4. The applicant shall arrange for a fire inspection through the County Fire Department prior to occupancy of the business. All costs associated for same shall be at the applicant s expense. 5. The County is not liable for any costs incurred in removing the development. 6. Permit shall be issued for a period of ten (10) years. 7. The decision being advertised in a local paper and no appeal against said 5.3 Arnie and Jean Kuhn Lot 38, Plan , NE (Division 5) 0.07 acres Condominium Resort Residential District R-7 Requesting approval of a rear yard setback relaxation for the location of a park model and construction of an addition on the above site.

5 Minutes of the Municipal Planning Commission, September 23, 2008 Page 5 The property is located in Phase 3 of the Gleniffer Lake Resort, on the northwest side of Gleniffer Lake. MPC Moved by Councillor T.J. Lougheed to approve the application for a 0.6-metre (2 ) rear yard setback relaxation as it applies to location of a 616 sq. ft. Park Model with a 288 sq. ft. addition on Lot 38, Plan , NE , subject to the following conditions being met to the satisfaction of the Development Officer: 1. The proposed park model and addition shall be located in accordance with the approved site plan. 2. Maximum square footage is not to exceed 904 square feet in total. 3. The addition exterior shall match the park model. 4. The maximum height shall not exceed 5.35 metres (17.5 feet). 5. The decision being advertised in a local paper and no appeal against said 5.4 Andrew and Gina Belich SE (Division 6) acres Agricultural District Ag Requesting approval to operate a recreation vehicle storage site on the above site. The property is located approximately 5 miles west of the City of Red Deer, south of Hwy 11 on the west side of Rge Rd 284. MPC Moved by Councillor G.W. Gehrke to approve the application for a Home Business Major to accommodate recreation vehicle storage on 1.44 acres on SE , subject to the following conditions being met to the satisfaction of the Development Officer: accordance with the attached detailed plans (site layout and building elevations), which are to be prepared pursuant to and comply with the County s Design Guidelines & General Construction Specifications. 3. An annual review of the RV storage to be conducted by Red Deer County. 4. The applicant shall arrange for a fire inspection through the County Fire Department prior to occupancy of the business. All costs associated for same shall be at the applicant s expense. 5. The County is not liable for any costs incurred in removing the development. 6. Permit shall be issued for a period of ten (10) years. 7. The decision being advertised in a local paper and no appeal against said 5.5 Border Paving SW (Division 1) 149 acres Agricultural District Ag Requesting approval to operate a gravel and sand pit on the above site. The property is located approximately 6 miles northwest of the Village of Delburne, north of Hwy 595. Persons present who spoke to this application: Thor Thordarson, Border Paving.

6 Minutes of the Municipal Planning Commission, September 23, 2008 Page 6 MPC Moved by Councillor J.J. Wood to approve the application for Aggregate Processing (sand and gravel pit with mining and crushing) on SW , subject to the following conditions being met to the satisfaction of the Development Officer: 1. The developer shall enter into a Development Agreement with and to the satisfaction of the County which will incorporate, but not be limited to, all the conditions listed below: 1.1 All development shall be located in accordance with the approved plan and haul route as submitted or as directed by the Director of Operations. 1.2 Annual review of the conditions of the development permit and development agreement as they relate to the approved Code of Practice for Pits. 1.3 Receipt of Alberta Environment gravel pit registration prior to issuance of the Development Permit. The applicant shall comply with the Code of Practice for Pits. 1.4 Receipt of Alberta Transportation approval prior to issuance of the Development Permit. 1.5 Security in the form of a Reclamation Deposit of $4,900 per hectare ($2,000 per acre) if over 5 hectares (12 acres) or Reclamation Deposit of $7,400 per hectare ($3,000 per acre) if less than 5 hectares (12 acres). 1.6 Dust control measures to be placed on the haul route as required to the satisfaction of Red Deer County. Records to be kept as to when dust control was used and to be submitted to the County. 1.7 Site reclamation shall occur incrementally as per the approved plan. 1.8 Gravel pit operation shall be limited to the hours of 7 a.m. to 7 p.m., six days per week or as directed by the Director of Operations. Closed on Sundays and statutory holidays including New Year s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Remembrance Day and Christmas Day. 1.9 Hauling is permitted 90 days per occasion from 7 a.m. to 7 p.m., six days per week or as directed by the Director of Operations. Closed on Sundays and statutory holidays including New Year s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Remembrance Day and Christmas Day Crushing and/or screening is permitted a maximum of six weeks per occasion with 24 hours/day shifts, six days per week or as directed by the Director of Operations. Closed on Sundays and statutory holidays including New Year s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Remembrance Day and Christmas Day Soils shall be reclaimed in accordance with the approved plans and the guidelines specified by the Code of Practice for Pits. There shall be no sale of overburden without the appropriate approvals from the County. The reclamation shall be completed within one year of the depletion, or part thereof, of the pit supply Potential soil erosion risk shall be minimized by seeding the stockpiled soils and reclaimed pit with a certified weed free grass mixture to enable rapid growth of vegetative cover Preserve all existing stands of trees and shrubbery outside the development area for environmental and sound attenuation purposes A 30-metre undisturbed buffer to be maintained between pit operations and any Spring Creek floodplain Stockpile topsoil, overburden and gravel materials in accordance with the approved plan.

7 Minutes of the Municipal Planning Commission, September 23, 2008 Page Appropriate trash bins to be located on site, no garbage to be imported to site, all seasonal shut down garbage, recyclables and used oil to be removed to an approved disposal facility Posting of appropriate warning signs to inform the public of potential hazards to the satisfaction of the County Adequate fencing to be provided to keep livestock out of the pit area On-site weed control shall be provided Soil reclamation will be required if contamination occurs as a result of equipment, equipment maintenance and repair Portable commercially serviced toilets to be used at all times Mining of gravel below the depth of the water table is prohibited Any expansion of pit boundaries shall require a new development permit Any revision or amendment to the proposed haul route will nullify this approval Development/Operational Permit is subject to a five-year term Failure to comply with any of the listed conditions will nullify the development/operational permit Permit will be issued once agreements have been signed to the satisfaction of Red Deer County Reporting contraventions of the Code of Practice or the development permit A regular report on the status of the gravel pit to be submitted. 2. The decision being advertised in a local paper and no appeal against said 5.6 Pidherney s NE (Division 5) 148 acres Agricultural District Ag Requesting approval for a gravel extraction operation on the above site. The property is located approximately 11 miles northwest of the Hamlet of Spruce View. MPC Moved by Councillor T.J. Lougheed to approve the application for Aggregate Processing (gravel pit with mining and crushing) on NE , subject to the following conditions being met to the satisfaction of the Development Officer: 1. The developer shall enter into a Development Agreement with and to the satisfaction of the County which will incorporate, but not be limited to, all the conditions listed below: 1.1 All development shall be located in accordance with the approved plan and haul route as submitted or as directed by the Director of Operations. 1.2 Annual review of the conditions of the development permit and development agreement as they relate to the approved Code of Practice for Pits. 1.3 Receipt of Alberta Environment gravel pit registration prior to issuance of the Development Permit. The applicant shall comply with the Code of Practice for Pits. 1.4 Receipt of Alberta Transportation approval prior to issuance of the Development Permit. 1.5 Security in the form of a Reclamation Deposit of $4,900 per hectare ($2,000 per acre) if over 5 hectares (12 acres) or Reclamation Deposit of $7,400 per hectare ($3,000 per acre) if less than 5 hectares (12 acres).

8 Minutes of the Municipal Planning Commission, September 23, 2008 Page Dust control measures to be placed on the haul route as required to the satisfaction of Red Deer County. Records to be kept as to when dust control was used and to be submitted to the County. 1.7 Site reclamation shall occur incrementally as per the approved plan. 1.8 Gravel pit operation shall be limited to the hours of 7 a.m. to 7 p.m., six days per week or as directed by the Director of Operations. Closed on Sundays and statutory holidays including New Year s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Remembrance Day and Christmas Day. 1.9 Hauling is permitted from 7 a.m. to 7 p.m., six days per week or as directed by the Director of Operations. Closed on Sundays and statutory holidays including New Year s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Remembrance Day and Christmas Day Hours of crushing and/or screening will be limited to a six-week period per occasion with 24 hours/day shifts, seven days per week, for the first crushing only. Future crushing will be limited to 7 a.m. to 7 p.m., six days per week to a maximum of six weeks or as directed by the Director of Operations. Closed on Sundays and statutory holidays including New Year s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Remembrance Day and Christmas Day Soils shall be reclaimed in accordance with the approved plans and the guidelines specified by the Code of Practice for Pits. There shall be no sale of overburden without the appropriate approvals from the County. The reclamation shall be completed within one year of the depletion, or part thereof, of the pit supply Potential soil erosion risk shall be minimized by seeding the stockpiled soils and reclaimed pit with a certified weed free grass mixture to enable rapid growth of vegetative cover Preserve all existing stands of trees and shrubbery outside the development area for environmental and sound attenuation purposes A 30-metre undisturbed buffer to be maintained between pit operations and any Spring Creek floodplain Stockpile topsoil, overburden and gravel materials in accordance with the approved plan Appropriate trash bins to be located on site, no garbage to be imported to site, all seasonal shut down garbage, recyclables and used oil to be removed to an approved disposal facility Posting of appropriate warning signs to inform the public of potential hazards to the satisfaction of the County Adequate fencing to be provided to keep livestock out of the pit area On-site weed control shall be provided Soil reclamation will be required if contamination occurs as a result of equipment, equipment maintenance and repair Portable commercially serviced toilets to be used at all times Mining of gravel below the depth of the water table is prohibited Any expansion of pit boundaries shall require a new development permit Any revision or amendment to the proposed haul route will nullify this approval Development/Operational Permit is subject to a five-year term Failure to comply with any of the listed conditions will nullify the development/operational permit Permit will be issued once the Development Agreement and Road Haul Agreement have been signed to the satisfaction of Red Deer County.

9 Minutes of the Municipal Planning Commission, September 23, 2008 Page Reporting contraventions of the Code of Practice or the development permit A regular report on the status of the gravel pit to be submitted. 2. The decision being advertised in a local paper and no appeal against said 6.0 ADJOURNMENT MPC Moved by Councillor G.W. Gehrke that the Municipal Planning Commission meeting of September 23, 2008, be adjourned. TIME: 10:12 a.m. Chairman Legislative Services Manager