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Home My WebLink About2003-11-27 Council (Regular) Minutes ~~" County of Newell No. 4 Minutes of Council Meeting November 27, 2003 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, November 27, 2003 commencing at 10:00 a.m. i'" Members Present Reeve Councillors Administrator Assistant Administrator Recording Secretary C. Baksa W. Daniels V. Fabian (10:07 a.m.) G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett A. Martens N. Moriyama P. Garrett 1. Excused from Meeting No members asked to be excused from this meeting. 2. Minutes 1. Council Minutes -November 6, 2003 Minutes of the November 6, 2003 meeting were presented. Moved by Councillor Pickett that we adopt the minutes as presented. Carried. 2. Public Hearings -November 6, 2003 Minutes of the two November 6, 2003 Public Hearings were presented. Moved by Councillor Harbinson that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. November 27, 2003 Council Page 214 ~~ 4. Adoption of A eg nda - Moved by Councillor Harbinson that we adopt the agenda as amended. Carried. ~~ 5. Business From Minutes Newell Foundation Moved by Councillor Loewen that the following motion be lifted from the table: "Moved by Councillor Moss that we support an alternate funding method for senior's lodges". Carried. Moved by Councillor Moss that we table this motion. Carried. 6. Correspondence Palliser Economic Partnership -Value Added Agriculture Seminar A letter from Palliser Economic Partnership, regarding a Value Added Agriculture Seminar, was presented to Council. Moved by Councillor Musgrove that all Councillors wishing to attend the Value Added Agriculture Seminar being held in Medicine Hat on December 9, 2003 be allowed to do so. Carried. Arrived at Meeting -- ' Councillor Fabian arrived at the meeting at 10:07 a.m. 2. Town of Brooks -Joint Urban Fringe Committees -Meeting Date A letter from the Town of Brooks, regarding the date and time for the Joint Urban Fringe Committees, was presented to Council. Administration was directed to obtain a later start time for this meeting. 3. Dean En ing eerin~ Associates Ltd. -Petro-Canada -Town Services A letter from Dean Engineering Associates Ltd., regarding a proposal for Town services to Petro-Canada, was presented to Council. Moved by Councillor Harbinson that Petro-Canada be asked to negotiate with the Town of Brooks for a price to extend Town services to the Petro-Canada property, and if agreed, we collect annual costs negotiated in the form of a special tax and forward this tax to the Town of Brooks. Carried. ~,; November 27, 2003 Council Page 215 ~'i~' r^ 4. George & Yvonne Durnford -Offer to Purchase Lots 9 & 10, Block 6, Plan 1217 BA (Patricia) A letter from George & Yvonne Durnford, regarding an offer to purchase Lots 9 & 10, Block 6, Plan 1217 BA in Patricia, was presented to Council. Moved by Councillor Eckert that we counter the Offer to Purchase for Lots 9 & 10, Block 6, Plan 1217 BA in Patricia at $3,500. Carried. 5. Palliser Economic Partnership -Economic Development Strategy A letter from Palliser Economic Partnership, including a copy of the Economic Development Strategy, was presented to Council. Moved by Councillor Vermeeren that this item be sent to the next Workshop Session. Carried. 7. Treasurer's Report -October, 2003 Moved by Councillor Harbinson that we accept the October, 2003 Treasurer's Report. Carried. 8. Other Business 1. Patricia Dog Control Bylaw -Enforcement Contract The Administrator reported that the SPCA have indicated that they will not be renewing their contract for dog control in Patricia in 2004. Moved by Councillor Musgrove that we find out if the Patricia residents still want a Dog Control Bylaw and that, if they do, we put it out for tender. Carried. 9. Post Agenda Items 1. Car Towed on Old #1 Hi hway The Administrator reported on the car that had been towed on the Old # 1 Highway. 2. Legal Opinion -Advertising of Permits for Permitted Uses Councillor Moss presented the legal opinion of Brownlee Fryett regarding the advertising of approved permits for permitted uses. r"` Development Officer P. Urban was in attendance for this item. November 27, 2003 Council Page 216 r~ This item will be reviewed by the Municipal Planning Commission and brought back to a -- future meeting. The Development Officer left the meeting at this time. 3. Coal -Methane Meeting - Camrose -December 4"' Moved by Councillor Moss that one Administrative Staffmember and one or two Councillors attend the meeting on Coal-Methane which is being held in Camrose on December 4, 2003. Carried. Moved by Councillor Harbinson that we reconsider the previous motion. Carried. Moved by Councillor Moss that the motion be amended to allow any Councillor wishing to attend be allowed to do so. Vote on amendment. Carried. Vote on motion as amended. Carried. 4. Brooks Museum Councillor Musgrove reported that the Brooks and District Museum is looking for new board members. Moved by Councillor Daniels that membership on the board of the Museum or the Diabetes Association not be a function of Council. Moved by Councillor Musgrove that this motion be tabled. Carried. 5. Extra Hotel Room It was agreed that anyone needing a hotel room booked for December 3, 2003 would handle the booking themselves. 10. Committee Reports Municipal No report. A.S.B. No report. Newell Foundation No report. November 27, 2003 Council Page 217 ,~^~ Salar~N~yotiating Committee No report. Assessment Review Board No report. Airport Commission No report. Disaster Services No report. Municipal Library Board Councillor Pickett gave this report. ~--. Shortgrass Library S sY tem Councillor Moss gave this report. Foothills Little Bow Association Councillor Loewen gave this report. Municipal Budget Committee No report. Planner T. Henry was in attendance for the following items. Municipal Planning Commission ~--~ Reeve Baksa gave this report. November 27, 2003 Council Page 218 ~~ 1. Old Items a) Bylaw 1414-02 - Pt. SE 28-18-14-W4 - OF to DC Applicant: Bigelow, Dean -Owner: 95778 Alberta Ltd. -Division 5 This item was not lifted from the table. b) By-law 1427-03 -Bantry Bay Land Use Amendment Moved by Councillor Vermeeren that the following motion be lifted from the table: "Moved by Councillor Vermeeren that Bylaw 1427-03 receive third and final reading." Carried. The Planner updated Council on this item. Moved by Councillor Musgrove that we table this motion. Carried. c) Permit Fees Moved by Councillor Loewen that the following motion be lifted from the table: "Moved by Councillor Baksa that we approve the fee schedule as presented. " Carried. Moved by Councillor Daniels that the fee schedule be amended such that, under Discretionary Uses, we add "except Dwelling Units in Rural Residential & Agricultural Districts ' ". Vote _ ~`~ ~ on amendment. Carried. Vote on motion as amended. Carried. 2. New Items a) 03 NL 012 -Plan 0210240, Block 3, Pt. Lot 2 (NE 31-16-15-W4) Division 4 Schulz, Bernhard & Rosel (Owners), Eastern Irrigation District (Applicant) Subdivision of an Agricultural Parcel Moved by Councillor Musgrove that we recommend to the Subdivision Approving Authority approval of Subdivision 03 NL 012 for the subdivision of an Agricultural Parcel from Plan 0210240, Block 3, Pt. Lot 2 (within the NE 31-16-15-W4) subject to the following conditions: 1. The parcel being consolidated with IRR 971 DK (once it has been abandoned) and the remaining titles of NE 31-16-15-W4. 2. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as required, when the subdivision mylar is registered at Land Titles Office. 3. The applicant providing easements to franchise utilities for providing services to the proposed and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 4. The applicant entering into an agreement with the County of Newell for the installation of any required road approaches to the proposed and/or remnant parcels. November 27, 2003 Council Page 219 C~ ~'^ 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 7. All outstanding municipal taxes being paid prior to the endorsement. Carried. The Planner left the meeting at this time. The Development Control Officer was in attendance to present information on the Lake Newell Resort Stop Order. Subdivision and Development Appeal Board No report. Workshop Session ~ No report. Brooks & District Ambulance Association Councillor Harbinson gave this report. 9-1-1 No report. Newell Regional Solid Waste Management Authority No report. Urban Fringe Committee No report. November 27, 2003 Council Page 220 t~/ Road Ban Committee No report. Grievance Committee No report. College Advisory Committee No report. Red Deer River Basin Advisory Committee No report. Bow River Basin Advisor~Committee No report. Bow River Council Councillor Vermeeren gave this report. Mountains as Water Towers Councillors Eckert, Fabian, Vermeeren, Moss, Musgrove and Baksa gave this report. F.C.S.S. Board Councillor Loewen gave this report. Moved by Councillor Loewen that we send a letter to the Minister of Alberta Child and Family Services supporting the efforts of the Brooks Women's Shelter in obtaining recognition as a Women's Shelter. Carried. 1 Palliser Economic Partnership Councillor Daniels gave this report. Moved by Councillor Fabian that the Assistant Administrator attend the Palliser Economic Partnership meetings. Carried. November 27, 2003 Council Page 221 C:~ ~^ Regional Services Councillor Musgrove gave this report. Partners in Tourism No report. Eat Canadian Campai~ Committee Councillor Moss gave this report. Lunch Council recessed for lunch from 12:05 p.m. to 1:15 p.m. AAMD&C Fall Convention r" No report. 11. In Camera Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Musgrove that we move out of camera. Carried. 1. Trees in Millicent Moved by Councillor Musgrove that we do not remove the tree stumps in Millicent until they become an issue to the County. Defeated. Moved by Councillor Daniels that we remove the tree stumps in Millicent. Carried. Recess Council recessed from 2:22 p.m to 2:30 i^ November 27, 2003 Council Page 222 c`~ Planner T. Henry and Development Officer P. Urban were in attendance for the following - items. 12. Public Hearing -Municipal Development Plan Moved by Councillor Moss that we recess for the public hearing at 2:30 p.m. Carried. Council reconvened at 2:39 p.m. 13. Bvlaw 1442-03 -Municipal Development Plan Moved by Councillor Moss that Bylaw 1442-03, being a bylaw to adopt a Municipal Development Plan for the County of Newell No. 4, receive second reading. Moved by Councillor Musgrove that we amend the Municipal Development Plan as follows: 1. change "Country Residential" to "County Residence" in the definition section; 2. insert a new Policy 3.1.3 which reads: "The County may require the preparation and adoption of an area structure plan.", with renumbering as required; and 3. modify Policy 5.2.1 to pluralize the word "provision". _ Vote on amendment. Carried. Vote on second reading as amended. Carried. Moved by Councillor Vermeeren that Bylaw 1442-03 receive third and final reading. Moved by Councillor Daniels that the Municipal Development Plan be amended by adding the following to Section 3.7: "c) The Applicant may be required to enter into a Road Use Agreement with the County ." Vote on amendment. Carried. Vote on third reading as amended. Carried. Recess Council recessed from 2:50 p.m. to 3:00 p.m. i November 27, 2003 Council Page 223 ~~ ~ 14. Public Hearing -Land Use Bylaw Moved by Councillor Vermeeren that we recess for the public hearing at 3:00 p.m. Carried. Council reconvened at 3:30 p.m. 15. Bylaw 1443-03 -Land Use Bylaw Moved by Councillor Harbinson that Bylaw 1443-03, being a bylaw to adopt a Land Use Bylaw for the County of Newell No. 4, receive second reading. Moved by Councillor Daniels that we amend the Land Use Bylaw by deleting "Manufactured Homes" from Discretionary Uses in the Hamlet Single Family Residential District. Vote on amendment. Defeated. Moved by Councillor Loewen that we amend the Land Use Bylaw by increasing the maximum lot size for a Rural Residential District to 4 ha (9.8 ac). Defeated. Moved by Councillor Loewen that we amend the Land Use Bylaw such that in Section 81.7.1 the word "shall" be replaced with the word "should". Vote on amendment. Defeated. Moved by Councillor Loewen that we amend the Land Use Bylaw in Section 79 such that "dwelling unit" be moved from discretionary use to permitted use. Vote on amendment. Defeated. Moved by Councillor Vermeeren that we amend the Land Use Bylaw in Section 19.1.b by inserting the word "agricultural" after the word "all". Vote on amendment. Carried. Moved by Councillor Vermeeren that we amend the Land Use Bylaw in Section 19.1 by adding `Although these structures or buildings do not require a development permit, all setbacks contained within the land use bylaw and any other applicable federal, provincial and municipal legislation that may affect the parcel in question, including the prohibition of erecting a building on an easement without the written consent of the entity requiring the easement, must be met. " Vote on amendment. Carried. November 27, 2003 Council Page 224 ~~ Moved by Councillor Loewen that we amend the Land Use Bylaw in Section 81.7.2, second --e sentence, such that we delete the words "shall not be". Vote on amendment. Defeated. Moved by Councillor Daniels that the bylaw be amended in section 81.7.2, second sentence, to read: "Access by easement is discouraged and panhandled subdivisions are notpermitted." Vote on amendment. Carried. Moved by Councillor Vermeeren that we amend the Land Use Bylaw in Schedule H -point 1, by changing the total number of pets to 5. Vote on amendment. Defeated. Moved by Councillor Vermeeren that we amend the Land Use Bylaw in Schedule H by deleting point 2. Vote on amendment. Defeated. Moved by Councillor Daniels that we amend the Land Use Bylaw in section 84.4(4) by changing "5,000 mz (53,821 fl?)" to "1,860 mz (20,021 ftz)". Vote on amendment. Carried. Moved by Councillor Loewen that we amend the Land Use Bylaw in Schedule C by deleting point 7. Vote on amendment. Carried. Moved by Councillor Vermeeren that we amend the Land Use Bylaw in Schedule C to include a new point 7 which reads: "One commercial vehicle may be used in conjunction with the Home Occupation -Major. However this provision may be relaxed for up to two commercial vehicles, if approved by the Development _ Authority." Vote on amendment. Carried. - Moved by Councillor Daniels that we amend the Land Use Bylaw in Schedule C to delete the last sentence of current point 8. Vote on amendment. Carried. Moved by Councillor Moss that we amend the Land Use Bylaw by modifying the Land Use District Maps as follows: 1. All Maps -Update Plan numbers for all maps and consistent use of colours for different land use designations; 2. Division 3, Sheet 1 -delete any reference to "A" -Agriculture; 3. Division 4, Location Map -insert #3 which was missing from this map; 4. Division 4, Sheet 1 -delete any reference to "A" -Agriculture; 5. Division 5, Sheet 1 -delete any reference to "A" -Agriculture; 6. Division 5, Sheet 8 -delete any reference to "A" -Agriculture; 7. Division 6, Sheet 1 -delete any reference to "A" -Agriculture; 8. Division 7, Sheet 1 -delete any reference to "A" -Agriculture; 9. Division 8, Sheet 1 -delete any reference to "A" -Agriculture; 10. Division 8, Sheet 3, #15 -correct subdivision of area shown; 11. Division 9, Map A (Gem) -delete any reference to "A" -Agriculture; 12. Division 10, Location Map -insert #26 - 29 which were missing from this map; and - .~ " November 27, 2003 Council Page 225 ~~ r^ 13. Division 10, Sheet 2, #9 -insert #9 which was missing from this map and include the triangular parcel south of the MHP parcel. Vote on amendment. Carried. Moved by Councillor Daniels that we amend the Land Use Bylaw to re-designate the land use of a portion of the SE 6-20-14-W4 from Country Residential District to Rural Residential District. Vote on amendment. Carried. Moved by Councillor Daniels that we amend the Land Use Bylaw to delete "seniors housing" as a discretionary use from Sections 82 and 83. Vote on amendment. Defeated. Moved by Councillor Daniels that we amend the Land Use Bylaw in Section 84 to delete "moved-in building" as a discretionary use. Vote on amendment. Defeated. Moved by Councillor Daniels that we amend the Land Use Bylaw in Section 81.7 to delete the last paragraph. Councillor Loewen requested a recorded vote. Vote on amendment. For Division 1 Councillor Daniels Against Division 2 Councillor Fabian Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 6 Councillor Moss Division 7 Councillor Loewen Division 8 Councillor Eckert Division 9 Councillor Pickett Division 10 Reeve Baksa Defeated Moved by Councillor Musgrove that we amend the Land Use Bylaw in Schedule A -point 2, by modifying it to read: "A development permit for an Agricultural Support Service shall be valid for 3 years from the date the permit was granted. However, at the discretion of the DevelopmentAuthority, apermit may be issued for a time frame less than 3 years. This permit may be renewed up to another 3 years and it is the responsibility of the owner to renew the permit. If the permit is denied an applicant may appeal the decision to the Subdivision and DevelopmentAppeal Board as per Section 32 of the Land Use Bylaw." Vote on amendment. Carried. November 27, 2003 Council Page 226 U~ Moved by Councillor Daniels that we amend the Land Use Bylaw in Schedule B -point 12, by modifying it to read: "A developmentpermitfor a Home Occupation -Minorshall be valid for 3 years from the date the permit was granted. This permit may be renewed for another 3 years and it is the responsibility of the owner to renew the permit. If the permit is denied an applicant may appeal the decision to the Subdivision and Development Appeal Board as per Section 32 of the Land Use Bylaw." Vote on amendment. Carried. Moved by Councillor Daniels that we amend the Land Use Bylaw in Schedule C -point 13, by modifying it to read: "A development permitfor a Home Occupation -Major shall be valid for 3 years from the date the permit was granted. This permit may be renewed for another 3 years and it is the responsibility of the owner to renew the permit. If the permit is denied an applicant may appeal the decision to the Subdivision and Development Appeal Board as per Section 32 of the Land Use Bylaw." Vote on amendment. Carried. Moved by Councillor Loewen that we amend the Land Use Bylaw in Schedule D -point 10, by modifying it to read: "A development permit for a Home Industry -Minor shall be valid for 3 years from the date the permit was granted. This permit may be renewed for another 3 years and it is the responsibility of the owner to renew the permit. If the permit is denied an applicant may appeal the decision to the Subdivision and Development Appeal Board as per Section 32 of the Land Use Bylaw." Vote on amendment. Carried. Moved by Councillor Moss that we amend the Land Use Bylaw in Schedule E - point l l,by modifying it to read: "A development permit for a Home Industry -Major shall be valid for 3 years from the date the permit was granted. This permit may be renewed for another 3 years and it is the responsibility of the owner to renew the permit. If the permit is denied an applicant may appeal the decision to the Subdivision and Development Appeal Board as per Section 32 of the Land Use Bylaw." Vote on amendment. Carried. Moved by Councillor Musgrove that we amend the Land Use Bylaw in Schedules A, D & E to change "Road Agreement" to "Road Use Agreement". Vote on amendment. Carried. Vote on second reading as amended. Councillor Loewen requested a recorded vote. For Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 6 Councillor Moss Division 9 Councillor Pickett Division 10 Reeve Baksa ~ ,, November 27, 2003 Council Page 227 Against Division 1 Councillor Daniels Division 2 Councillor Fabian Division 7 Councillor Loewen Division 8 Councillor Eckert Carried. The Planner and the Development Officer left the meeting at this time. 16. Question Period/Notice of Motion A question period was held. 17. Information Items 1. Safety Committee Minutes 2. September & October Mini Bus Reports 3. Thank You Card & Picture -Communities in Bloom 18. Adiourn Moved by Councillor Moss that the meeting adjourn at 4:36 p.m. Carried. C~'~~ REEVE ADMINISTRATOR ~'^ November 27, 2003 Council Page 228 County of Newell No. 4 Minutes of Public Hearing November 27, 2003 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, November 27, 2003 commencing at 3:00 p.m. ,,_' Members Present Reeve C. Baksa Councillors W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett Administrator A. Martens Assistant Administrator N. Moriyama Planner T. Henry Development Officer P. Urban Recording Secretary P. Garrett The Reeve opened the Public Hearing at 3:00 p.m. 4 members of the public were in attendance for this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1443-03, being a bylaw to adopt a Land Use Bylaw for the County of Newell No. 4 and to rescind Bylaw 1004-90. The Planner gave the background on this bylaw. The Reeve advised those present of the procedures that would be followed for the hearing. ~~ The Planner gave a summary of the major changes between the current Land Use Bylaw and the new Land Use Bylaw as well as indicating some changes that still needed to be made in the new bylaw. As the County had put forth this Land Use Bylaw, and the Planner had given background to the bylaw, the Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. The Reeve asked if Council had any questions for the Planner. Councillor Fabian asked if the ILO exclusionary zone would still be in effect? Councillor Daniels indicated that boundaries for hamlets had not been described in the new bylaw and asked if there was a way to include a description of hamlet boundaries in the bylaw. Councillor Moss indicated that the NRCB uses a 1 mile buffer zone restriction on hamlets and settlements and asked what the County uses as boundaries. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. Cam Christiansen spoke in opposition to the bylaw indicating the following with regard to the Rural Residential District: - a maximum area of 4.9 acres was too restrictive, it should be a little more flexible, - "access shall not be by easement" should be changed to discourage access by easement, and - the 5 year restriction to sell a subdivided parcel was too harsh. The Reeve asked if Council had any questions for Mr. Christiansen. Council had no questions for Mr. Christiansen. The Reeve asked ifthere was anyone else wishing to speak in opposition to the bylaw. There was no one wishing to speak in opposition to the bylaw. The Administrator read a letter from the Town of Brooks expressing their concerns regarding the bylaw. This letter is attached to and forms part of these minutes. N ~-- The Reeve asked if there was anyone from the public wishing to speak either in favour of or in opposition to the bylaw. Herb Fehr indicated that it would be in best interests of the people wanting to subdivide, as well as the Municipal Planning Commission, if Planning Commission members would physically go out and look at every proposed subdivision. The Reeve asked if Council had any questions for Mr. Fehr. Councillor Musgrove asked Mr. Fehr if he felt that the Planning Commission members or the members of Council should look at the subdivisions. Councillor Daniels asked Mr. Fehr if he felt they should look at all development or just subdivisions and if he had a particular case in mind. The Reeve asked Council if they had any more questions. Council had no more questions. The Reeve asked if there was any other members of the public wishing to speak. There was no other members of the public wishing to speak. The Planner was given the opportunity to present further information. There being no further discussion, it was moved by Councillor Vermeeren that the Public Hearing adjourn at 3:30 p.m. Carried. ~~~ REEVE COUNTY ADMINISTRATOR c~ Town of Brooks 201 - 1st Ave. West Bag 880 Brooks, Alberta Ti R OZ6 www.town. brooks.ab.ca Email: adminQtown.brooks.ab.ca November 18, 2003 Tammy Henry County Planner County of Newell No. 4 P.O. Box 130 707 - 2nd Avenue East Brooks AB T1 R 1 B2 Attention: Tammy Henry RE: Proposed Land Use Bylaw County of Newell Administration Office 362-3333 Fax. 362-4787 Town Shop 362-3146 Fax. 362-5658 Recreation Centre 362-3622 Fax. 362-4416 Fire/Bylaw Enforcement 362-2331 Fax. 362-4787 ~~%: NOV 1 ~ 2003 ~;ll No. 4 ~ ~;~4 ~ r'u : . , :,~.~,<<;~~, Ait7erta This is in regard to the proposed land use bylaw currently under consideration by ,~ the County of Newell. Please be advised that this matter was reviewed at the November 17, 2003, Council Committee meeting. This is to advise that the County is to be commended for the work that it has undertaken in the preparation of this document. The Town recognizes the pressure the County is under with respect to certain land uses within its jurisdiction and applauds the balanced approach it has taken to prepare this document. We note, however, that there are a few areas that concern the Town, particularly as it relates to probable land uses within its urban referral area. The County has identified senior citizens' housing as a discretionary use within the country residential districts. Such housing is defined in the bylaw as "any multiple dwelling constructed in compliance with Provincial legislation related to the care and/or housing of senior citizens." The Town does not believe that such housing is appropriate within a country residential district particularly since there will be issues related to water supply and waste disposal. Such housing is generally located within an urban centre where municipal services are available to service it. We recommend that this use be deleted from the discretionary use section of the country residential districts. The Town is also concerned about regulations pertaining to the country residential ~ districts that stipulate that the creation of a subdivision whereby when ten or more lots are to be created in a quarter section, the County may require the preparation L~? County of Newell No. 4 Minutes of Public Hearing November 27, 2003 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, November 27, 2003 commencing at 2:30 p.m. /'-' Members Present Reeve Councillors Administrator Assistant Administrator Planner Development Officer Recording Secretary The Reeve opened the Public Hearing at 2:30 p.m. 3 members of the public were in attendance for this hearing. C. Baksa W. Daniels V. Fabian (2:34 p.m.) G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett A. Martens N. Moriyama T. Henry P. Urban P. Garrett The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1442-03, being a bylaw to adopt a Municipal Development Plan for the County ofNewell No. 4 and to rescind Bylaw 1218-97. The Planner gave the background on this bylaw. The Reeve advised those present of the procedures that would be followed for the hearing. Arrived at Hearin Councillor Fabian arrived at the hearing at 2:34 p.m. The Reeve asked the Planner if she had anything further to add. The Planner indicated the following amendments should be made to the bylaw: 1. change "Country Residential" to "County Residence" in the definition section; 2. insert a new Policy 3.1.3 which reads: "The County may require the preparation and adoption of an area structure plan. ", with renumbering as required; and 3. modify Policy 5.2.1 to pluralize the word "provision". The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. Council was given the opportunity to ask questions of the Planner. Council had no questions for the Planner. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. There was no one wishing to speak in opposition to the bylaw. The Administrator read a letter from the Town of Brooks regarding the proposed bylaw. This letter is attached to and forms part of these minutes. The Reeve asked if there was anyone else wishing to speak in favour of or in opposition to the bylaw. There was no one else wishing to speak in favour of or in opposition to the bylaw. There being no further discussion, it was moved by Councillor Harbinson that the Public Hearing adjourn at 2:39 p.m. Carried. ~~~~ REEVE ~L~l - COUNTY ADMINISTRATOR C~ Town of Brooks 201 - 1st Ave. West Bag 880 Brooks, Alberta T1 R OZ6 www.town.brooks.ab.ca Email: admin@town.brooks.ab.ca November 18, 2003 Tammy Henry County Planner County of Newell No. 4 P.O. Box 130 707 - 2nd Avenue East Brooks AB T1 R 1 B2 Attention: Tammy Henry RE: Proposed Municipal Development Plan County of Newell Administration Office 362-3333 Fax. 362-4787 Town Shop 362-3146 Fax. 362-5658 Recreation Centre 362622 Fax. 362-4416 Fire/Bylaw Enforcement 362-2331 Fax. 362-4787 ~~~~ ~-~ ~ ,~ ~. ~ ~"J 1 P 2t1~13 This is in regard to the proposed municipal development plan currently under ~" consideration by the County of Newell. Please be advised that this matter was reviewed at the November 17, 2003, Council Committee meeting. This is to advise that the Town is pleased to see the progress made on the municipal development plan. Further to that, the Town has no objection to the adoption of this plan by the County of Newell. We believe that the statutory planning framework being developed by the County within the urban referral area provides a basis for discussion of an intermunicipal development plan between the Town and County. If you require further information, please feel free to contact me at 362-3333 or by email at gshawC«~brooks.ca. Thank you for the opportunity to review the draft land use bylaw. Sincerely ours, Gord Shaw Manager of Planning Services Cc: Neil Hollands