HomeMy WebLinkAbout1998-04-28 Municipal Planning Commission (Regular) Minutes~ County of Newell No. 4
Minutes oi~ Municipal Planning Commission Meeting
April 28, 1998
The regular Municipal Planning Commission Meeting of the County of Newell No.4
was held in the County Office at Brooks, AB on Tuesday, April 28, 1998 commencing
at 10:00 a.m.
Members Present Chairman V. Fabian
Councillors C. Baksa
B. Scheuemlan (10:08 am.)
Representatives A. Zagorsky
J. Doerksen
Planner G. Shaw
Admin. M. Bowen
Recording Secretary P. Hoffman
l . Excused from Meeting
No members asked to be excused.
2. Minutes
Minutes of the Apri124, 1998 meeting were presented to the Commission. Moved by
Councillor Baksa that we adopt these minutes as circulated. Carried.
3. Call for Post Agenda Items
The Chairman called for post agenda items.
4. Adoption of Agenda
Moved by .1. Doerksen that the agenda be adopted as amended. Carried.
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April 28, 1998 Page 16
5. [3usiness from Minutes
1. Street Signs for Subdivisions
The Planner submitted a Community Identification System Policy Draft for the
Commission to review. Moved by A. Zagorsky that the Community Identification
System Policy Draft be accepted by the Municipal Planning Commission as
information; that Administration be directed to refer the draft policy to Advisory
Committees for their consideration and input; and that the draft policy be reviewed at
the May 26, 1998 Municipal Planning Commission meeting along with input from the
Advisory Committees. Carried.
6. Permits
1. Development Permit Application #1790 - NW 26-17-17-W4 -Bow City
Lazy A Farms Ltd -Intensive Livestock Operation
Arrived at Meeting
Councillor Scheuerman arrived at the meeting at 10:08 a.m.
Moved by J. Doerksen that we approve development permit application #1790 for the
development of a beef feedlot at NW 26-17-17-W4 subject to the following conditions:
] . That this use be classified as an "intensive Livestock Operation" being a
discretionary use within the A- Agricultural District.
2. That this use comply with all Federal, Provincial and Municipal Statutes,
Regulations, Codes and Standazds.
3. That the proposed development be located to the west as determined in
consultation with Alberta Agriculture, Food and Rural Development. The
applicant shall provide a copy of the site plan showing the new location of the
feedlot to the Development Control Officer. Any other changes to this site plan
shall require the written authorization from the Development Control Officer.
4. That this approval shall be valid for a total up to 2500 head beginning with a
maximum of 600 head in 1998. The developer shall notify the
Development Control Officer in writing when the 2500 head total has been
achieved. The maximum number of head approved in this application shall be
satisfied prior to May 21, 2003 or sooner. Any increase over the approved total
shall require a separate development permit application and approval.
Apri128, 1998 Page l7
~._. 5. That the developer shall contact the Eastern Irrigation District to ensure if a water
supply agreement is required for this operation. [f one is required, a copy of said
agreement shall be provided to the Development Control Officer.
6. That the operator shall ensure access to 700 acres of dryland or 350 acres
irrigated for manure application. This land base shall be fully utilized.
7. That manure shall be incorporated into the soil within 48 hours of application and
follow the Code of Practice unless as otherwise provided in the Code. No
manure shall be applied over frozen or snow-covered soils.
8. That the applicant shall provide to the Development Control Officer's satisfaction
a manure management plan which includes the following:
• Volumes of manure produced on an annual basis;
• A cropping plan with expectations of amounts of nutrients to be utilized;
• Amount of owned lands available for manure utilization;
• Number of acres required;
• Specific landowners willing to accept manure (if necessary);
• Location of owned and non-owned lands where manure spreading will occur
(if necessary);
• Commitment to follow the Code of Practice in regards to the spreading of
~" manure from both the applicants and additional land owners (if required).
9. That all surface water drainage from the feedlot must be diverted and contained
in a storage reservoir which shall have a total containment volume of
approximately 86,000 cubic feet for the 2500 head. The applicant shall be
required to provide the reservoir design to the Development Control Officer prior
to the commencement of this work.. Soil texture at the containment site if
unknown must be determined as part of the storage reservoir design.
10. That a specific site shall be identified and maintained as an interim storage
location for dead animals. This site shall be covered and have suitable drainage
material to ensure proper drainage and be protected from predators. This location
shall be located a minimum of 30 m from drainage ditches, canals and storage
reservoirs. Dead disposal by rendering truck is recommended.
1 1. That the operator shall ensure stockpiling of manure shall not occur next to
waterways or road ditches. Stockpiling of any manure shall be done so that all
run-off is contained in the immediate area of the stockpile. No stockpile shall be
located closer than 30 m from any drainage ditches, canals or water storage
reservoirs unless soil tests confirm soils are impermeable and a drainage
collection system is in place.
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April 28, 1998 Page 18
12. "i'hat this use shall conform to Section 49 of the County of Newell Land Use By-
law # 1 U04-90 being the A -Agricultural District.
13. That all structures and buildings shall be located a minimum of 40 m from the
centreline of the roadway.
14. That the developer shall ensure that all construction materials, supplies and
equipment are stored on the property and not on the public roadway.
15. That the developer shall ensure the continuous clean-up of construction debris
trucked onto the public roadway where access is provided to the property.
16. That the developer shall ensure the property is maintained to the satisfaction of
the Development Control Officer.
17. That this use shall be subject to inspection by the Development Control Officer
within one year of the decision date to determine compliance with these
conditions.
18. That the developer shall ensure that a minimum separation distance of 1750 feet
be maintained from the facility to the nearest single residence.
19. That the developer shall establish a fly control program in the management of the
feedlot. This shall include cleanliness in and around the feedyard supported by ..~
chemical control as required.
Carried.
2. Development Permit Application #1792 - NW 5-21-15-W4 -Rosemary
~vck Erwin -Intensive Livestock Operation
Mr. Dyck was in attendance and presented information on his application. Moved by
Councillor Scheuerman that we approve Development Permit Application # 1792 for
an Intensive Livestock Operation on the NW 5-21-15-W4 subject to the following
conditions:
] . That this use be classified as an "Intensive Livestock Operation" being a
discretionary use within the A- Agricultural District.
2. That this use comply with all Federal, Provincial and Municipal Statutes,
Regulations, Codes and Standards.
April 28, 1998 Page 19
r 3. That the proposed development shall be located as shown on the site plan
submitted March 27, 1998. Any change to this site plan shall reyuirc the written
authorization from the Development Control Officer.
4. That this approval shall be valid for a total up to 2000 head. The developer shall
notify the Development Control Officer in writing when the 2000 head total has
been achieved. The maximum number of head approved in this application shall
be satisfied prior to May 21, 2002 or sooner. Any increase over the approved total
shall require a separate development permit application and approval.
5. That the developer shall enter into a water supply agreement with the Eastern
Irrigation District for this operation. A copy of said agreement shall be provided
to the Development Control Oftcer.
6. That the developer shall contact the Eastern Irrigation District should he wish to
remove the affected acres from the water roll.
7. That the operator shall ensure access to 560 acres of dryland or 300 acres
irrigated for manure application. This land base shall be fully utilized.
8. That manure shall be incorporated into the soil within 48 hours of application and
follow the Code of Practice unless as otherwise provided in the Code. No
manure shall he applied over frozen or snow-covered soils.
9. That the applicant shall provide to the Development Control Officer's satisfaction
a manure management plan which includes the following:
• Volumes of manure produced on aa~ annual basis;
• A cropping plan with expectations of amounts of nutrients to be utilized;
• Amount of owned lands available for manure utilization;
• Number of acres required;
• Specific landowners willing to accept manure (if necessary);
• Location of owned and non-owned lands where manure spreading will occur
(if necessary);
• Commitment to follow the Code of Practice in regards to the spreading of
manure from both the applicants and additional land owners (if required).
10. That all surface water drainage from the existing feedyard and expansion shall be
contained in the "low area" to the immediate east of the existing feedlot. This
area shall be excavated and reconstructed by the developer to consolidate surface
water run-off and facilitate the pumping of the liquid onto the land. No
groundwater or surface water is to become polluted due to this operation.
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April 28, 1998 Page 20
11. That the developer shall be responsible for the construction and maintenance of
berms to direct surface water run-oft away from the drainage ditch located at the
north end of the property.
12. That the developer should ensure that surface water is sampled on a routine basis
for nitrates, chlorides, phosphorus, bacteriological analysis and selected trace
metals.
13. That the developer shall construct a clay berm between the collection pond and
the water source lagoon or increase the distance between them in order to ensure
a safe water source.
14. That a specific site shall be identified and maintained as an interim storage
location for dead animals. This site shall be covered and have suitable drainage
material to ensure proper drainage and be protected from predators. This location
shall be located a minimum of 30 m from drainage ditches, canals and storage
reservoirs. Dead disposal by rendering truck is recommended. ~-,; ~
15. That the operator shall ensure stockpiling of manure shall not occur next to
waterways or road ditches. Stockpiling of any manure shall be done so that all
run-off is contained in the immediate area of the stockpile. No stockpile shall be
located closer than 30 m from any drainage ditches, canals or water storage
reservoirs unless soil tests confine soils are impermeable and a drainage
collection system is in place.
16. That this use shall conform to Section 49 of the County of Newell Land Use By-
law # 1004-90 being the A -Agricultural District.
17. That all structures and buildings shall be located a minimum of 40 m from the
centreline of the roadway.
18. That the developer shall ensure that all construction materials, supplies and
equipment are stored on the property and not on the public roadway.
19. That the developer shall ensure the continuous clean-up of construction debris
trucked onto the public roadway where access is provided to the property.
20. That the developer shall ensure the property is maintained to the satisfaction of
the Development Officer.
21. That this use shall be subject to inspection by the Development Control Officer
within one year of the decision date to determine compliance with these
conditions.
April 28, 1998 Page 21
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22. 'fliat llie developer shall ensure that a minimum separation distance of 1610 feet
be maintained from the facility to the nearest single residence.
23. That the developer shall establish a fly control program in the management of the
feedlot. This shall include cleanliness in and around the feedyard supported by
chemical control as required.
Carried.
3. Development Permit Application #1799 - SW 26-21-16-W4 -Rosemary
Watson. Mark & Valerie -Moved-In Building
.-~
Moved by Councillor Baksa that the we approve Development Permit Application
#1799 for a Moved-In Building to be relocated to SW 26-21-16-W4 subject to the
following conditions:
l . That this use be classified as a "Moved-in Building" being a discretionary use
within the A -Agricultural District.
2. That this use shall comply with all Federal, Provincial, Municipal statutes,
regulations, codes and standards.
3. That this use shall comply with the provisions of Section 49 of the Land Use
Bylaw #1004-90 pertaining to the Agricultural District.
4. That the development shall be located as shown on the site plan submitted April
13, 1998. Any changes to that plan shall require the written approval of the
Development Control Officer.
5. That this pern~it shall only be for the relocation of the single family residence.
Any additional development shall require a separate development permit
application and approval.
6. That this use shall comply with the Alberta Building Code, where applicable.
7. That the developer shall be responsible for obtaining all required permits (i.e.,
building, electrical, plumbing, heating and ventilation) from an accredited
inspection agency (see attachment for companies).
8. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements:
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April 28, 1998 Page 22
Front Side
Flankage Rear
*40 m 3 m
*40m 3m
7.
*Minimum yard distance from the centreline of the public road.
9. That the developer shall ensure an adequate supply of water is provided for this
use.
10. That the developer shall ensure proper disposal of sewage and waste from this
use.
11. That the developer shall ensure that the property is maintained to the satisfaction
of the Development Officer.
12. That the developer shall ensure that construction materials, supplies, equipment
are stored on the property.
13. That the developer shall ensure the continuous clean-up of construction debris
tracked onto the public roadway where access is provided to the property.
14. That the residence shall be completed to the satisfaction of the Development
Control Officer by August 31, 1998.
Carried.
Home Occupation Permits
1. Permit #81 -Dufresne, Gilbert -Duchess
Plan 9610029. Block A. Lot 1 - SW 14-20-14-W4
Moved by A. Zagorsky that we approve Home Occupation Permit #81 on Plan
9610029, Block A, Lot 1, SW 14-20-14-W4 subject to the conditions outlined in
Schedule B of Land Use Bylaw #1004-90. Carried.
April 28, 1998 Page 23 ~1
8. Subdivisions
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1. 98 NL 08 - Ptn. SE'/4 19-20-13-W4 - Ber Rand
Moved by Councillor Baksa that we recommend to Council the approval of this
subdivision subject to the applicant meeting all requirements of the Eastern Irrigation
District with respect to the conveyance of water and subject to the applicant entering
into an agreement with the County of Newell for the installation of the required access
to the proposed parcel. Carried
2. 98 NL 09 - NW 32-20-15-W4 - Reddekopp Jack & Elvira
Moved by Councillor Scheuerma~l that we recommend to Council the approval of this
subdivision subject to the applicant meeting all requirements of the Eastern Irrigation
District with respect to the conveyance of water; subject to the applicant entering into
an agreement with the County of Newell for the installation of any required accesses
for the proposed and remnant parcels; subject to payment of money in-place-of
municipal reserve in the amount of $3,209.08, being 10% of the existing market value
of the land; subject to the applicant dedicating a 5-metre road right-of--way along the
proposed parcel; subject to the registration of a caveat for the dedication of 5 metres
on the balance of the parcel for future road widening to be purchased at a rate that is
~' consistent with County policy at that time; and that we approve a waiver of Section
49.6 being the parcel size of the Land Use Bylaw for the 10.99 acres. Carried.
Permits (cont'd)
4. Development Permit Application #1800 - NE 14-19-15-W4 -Brooks
Lakeside Farm Industrie Ltd - ompo ting Facility
Bob Stillborn of Lakeside Farm Industries Ltd. was in attendance and presented
information on this application. Moved by Councillor Baksa that we approve
Development Permit Application #1800 for a Composting Facility to be located at NE
14-19-15-W4 subject to the following conditions:
1. That this use be described as a "Composting Facility" being an accessory use
within the I- Industrial District.
2. That this use shall comply with all Federal, Provincial and Municipal Statutes,
Regulations, Codes and Standards.
3. Tllat this use shall comply with the provisions of Section 54 of the Land Use By-
law #1004-90 pertaining to the Industrial District.
April 28, 1998 Page 24
4. "('hat the development shall be located as shown on the site plan submitted April
G, 1998. Any changes to that plan shall require the written approval of the
Development Control Officer.
5. That this facility shall conform to the requirements of the Code of Practice for
Compost Facilities by ensuring that:
• offensive odours are minimized;
• groundwater is monitored;
• leachate or run-off is prevented;
• litter is minimized from the site;
• establishment of controls to prevent the propagation, harbourage or attraction
of disease vectors and noxious weeds at the compost facility;
• the facility is posted its entrance in a manner described in Section 8
(Operating Requirements);
6. That the proposed development shall meet the requirements of the licence issued
by Alberta Environmental Protectionand/or Alberta Agriculture, Food and Rural
Development. A copy of this licence shall be provided to the Development
Control Officer prior to commencement of operation.
7. That surface water run-off shall be directed away from the Eastern Irrigation
District drain located to the west of the proposed development. -
8. That the developer shall ensure that the property is maintained to the satisfaction
of the Development Control Officer.
9. Tliat the developer shall ensure that construction materials, supplies, equipment
are stored on the property.
10. That the developer shall ensure the continuous clean-up of construction debris
tracked onto the public roadway where access is provided to the property.
Carried.
Lunch
The committee recessed for lunch from 12:00 noon to 1:15 p.m.
April 28, 1998 Page 25
~- 9. Development Report
The Development Report for March 19, 1998 to April 22, 1998 was presented to the
Commission. Moved by Councillor Baksa that we approve this report. Carried.
10. Land Use Changes
1. NW & SW '/4 32-17-14-W4 & Pt. SE 31-17-14-W4
Welling, Steve -Agricultural to Country Residential
Steve Welling of Planwell Consulting and Dennis Blain of Blain Homes Ltd. were in
attendance to present their Land Use Change proposal. Moved by Councillor Baksa
that, prior to any land use change, that we have a joint meeting with the E.I.D., the
Developers and the MPC. Carried.
11. Correspondence
1. Faculty of Extension, University of Alberta -Land Use Planning
Municipal Regulation of Intensive Livestock Operations
~'' A Municipal Regulation of Intensive Livestock Operations seminar will be held on
May 27, 1998 at the University of Alberta. It was recommended that the Planner and
the Assistant Administrator, as well as any MPC members that wish to do so, attend.
2. A.A.M.D. & C. -Submission by Alberta Cattle Commission to Local Planning
Authorities on the Is. ue of Pro ecting Agricultural Land
A Submission by the Alberta Cattle Commission to Local Planning Authorities on the
Issue of Protecting Agricultural Land was presented to the Commission for
infornation.
3. Regulatory Options for Livestock Operations -Discussion Paper
The Regulatory Options for Livestock Operations Discussion Paper was presented to
the Commission for information.
April 28, 1998 Page 26
12. Other Business --
There was no Other Business presented.
13. Post Agenda Items
1. Schuh, Shawn -Plan 9512659, Block 4, Lot 5 -Westland Acres
Request for a Side Yard Variance
Moved by Councillor Baksa that we grant a variance to the sideyard setback
requirement from 3.0 m to l .5 m for Lot 5, Block 4, Plan 9512659 subject to the
following conditions:
1. Tllat the permit conditions issued March 18, 1998, are carried forward in this
approval.
2. That Condition #8 of the March 18, 1998 approval is changed such that the
proposed development complies with the following minimum setback
re uirement:
q
Front Side Flankage Rear
*7.5m 1.5m *7.5m 7.5m
*Minimum yard distance from subdivision streets or service roads.
3. That the developer shall ensure that the utility right-of--way is maintained during
the construction of the proposed residence so that all construction debris is
promptly removed and positive drainage is maintained.
4. That the developer shalt ensure that drainage from Lot 5, Block 4, Plan 9512659
does not affect Lot 4, Block 4, Plan 9512659.
Canried.
2. Brooks Greenhouses - SW 26-18-15-W4 - 2nd Residence Inauirv
Moved by Councillor Baksa that a request from Brooks Greenhouses to add a second
residence to their property located at SW 26-18-15-W4 would be denied. Carried.
April 28, 1998 Page 27
~ 3. Bradford - NW 34-19-14-W4 -Subdivision Inquiry
Moved by Councillor Baksa that we advise Mr. Bradford that a subdivision application
would be denied as it would not meet our Land Use Bylaw requirements for a
subdivision. Carried.
4. County of Wheatland -Land Use Bylaw & Municipal Development Plan
The County of Wheatland sent a copy of their proposed Land Use Bylaw and
Municipal Development Plan for our comments. These documents will be reviewed
by the Planner and brought to the next meeting.
1 ~' S. Loewen, Dan - W'/z 28-20-15-W4 -Intensive Livestock Operation
\(~'~ Amendment to Conditions of Development Permit #1774
Moved by J. Doerksen that Conditions #4 and # 10 of Development Permit # 1744 be
amended to the following:
4. That this approval shall be valid for a total up to 1000 head. The developer shall
notify the Development Officer in writing when this total has been achieved.
'^ Further, that the development approval conditions shall be satisfied prior to
October 31, 2000. Any increase over the approved total shall require a separate
development permit application and approval.
10. That all surface water drainage from the feedlot must be diverted and contained
in a storage reservoir in the immediate area of the facility. This is to be
achieved by a catch basin or berms, capable of a containment volume of
approximately 50,000 cubic feet.
Carried.
6. Town of Brooks 98 B 02 & Land Use Bylaw Amendment
Moved by Councillor Baksa that our Planner send a letter to the Town of Brooks
stating our concerns. Carried.
April 28, 1998
Page 28
14. Question Period/Notice of Motion
A question period was held.
15. Adjourn
Moved by Councillor Baksa that the meeting adjourn at 12:15 p.m. Carried.
` CHAIRMAN
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SECRETARY
April 28, 1998 Page 29