Developers of the Aspen Ranch subdivision in the north end of Sundre must go back to the drawing board if they want to pursue development on the escarpment along the Red Deer River.
After a heated debate during the Sept. 3 Sundre council meeting, council denied giving developers another time extension to begin a previously approved subdivision of Aspen Ranch Phase 1A.
The developer has already been granted three time extensions to get the project underway since its original approval in 2008.
Town officials and councillors expressed concerns that the development would be too close to the Red Deer River and it was noted that the riverbank has eroded approximately five feet in that area since June.
“While the subdivision is in accordance with the approved Aspen Estates Concept Plan (2008) and the Land Use Bylaw, administration recommends that council deny the subdivision extension, requesting that the applicant reapply with a different subdivision concept allowing a greater setback from the top of bank,” explained Erin O'Neill, the town's manager of planning and development, in a report to council.
Coun. Paul Isaac made the motion to deny the time extension and requested that the applicant resubmit their subdivision with revisions to the tentative plan extending the setback from the top of the bank, as well as with additional engineering studies. Coun. Myron Thompson was opposed.
Based on the tentative plan of subdivision, O'Neill said the rear property line of the lots located in the northern cul-de-sac will be approximately 40 metres from the top of the bank, 15 of which will be included in the environmental reserve portion that will remain in its natural state.
“That being said, the riverbank has further eroded since the time of approval of this subdivision and the 40 metres will in effect be reduced,” she said.
She said administration recommends that the lane behind lots 20 to 25 be extended to Lot 19 PUL at the north and the cul-de-sac be eliminated.
“This will result in a loss of approximately five residential lots, however, will further increase the setback from top-of-bank and will decrease the concern over erosion.”
Applicants Michael Boury and Stan Gitzel were at the meeting and disagreed with council that the extension should be denied.
Boury said at the meeting that he was shocked that town officials would deny the extension and that it was unfair.
Coun. Chris Vardas said he lives in the area and walks it often and has seen first-hand the extent of the erosion of the riverbank. He said it is not appropriate for people to build their dream homes in the area and have them taken by the river.
Boury said he doesn't think the riverbank is eroding enough for the extension to be denied. Vardas said flooding is not a once-in-a-lifetime occurrence anymore and said he sees the riverbank erode further in Sundre nearly every year.
Aspen Ranch subdivisions were applied for in 2008, 2009 and expired in 2011. The applicant reapplied in April of 2012 and was approved in June 2012. The conditions had yet to be met by June this year, so a letter was sent to the applicant indicating that draft development agreements were sent to the developer and no further action was taken nor was an extension granted, explained O'Neill. She said that conditions must be met within one year of the date of approval. The applicant requested an extension on Aug. 8.
O'Neill said that in June 2012, administration recommended the subdivision be approved subject to a number of conditions, including: “written confirmation from an Alberta Land Surveyor that proposed Lot 18 ER contains the top of the escarpment along the river and that the width of the proposed Lot 18 ER be increased to a minimum width of 15 metres along the entire length of the river abutting the subdivision area.” This condition is in accordance with the Land Use Bylaw, she said.
“It should be noted that there were a number of concerns from neighbouring property owners about the distance from the top of bank due to the amount of erosion that has been caused over the last number of years,” said O'Neill.
Adjacent landowner Anton Walker was present at the meeting and made a PowerPoint presentation depicting the riverbank erosion. He was against the development because of the amount of erosion and said people should be thinking of the next five to 10 years, not the next 100 years.
The cost to the applicant of reapplication is $1,000 plus $150 per lot, as well as any legal or engineering fees.
