HomeMy WebLinkAbout1998-05-26 Municipal Planning Commission (Regular) Minutes~., County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
May 26, 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, May 26, 1998 commencing
at 10:00 a.m.
Members Present Chairman V. Fabian
Councillors C. Baksa
B.Scheuerman
Representatives A. Zagorsky
J. Doerksen
Planner G. Shaw
Assistant Admin. A. Martens
Recording Secretary P. Hoffman
V ....
1. Excused from Meetm~
All members were in attendance at this meeting.
2. Minutes
Minutes of the April 28, 1998 and May 8, 1998 meetings were presented to the
Commission. 1'~,~Ioved 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 A ends
Moved by A. Zagorsky that the agenda be adopted as amended. Carried.
May 26, 1998 Page 30
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Business from Minutes .~
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12-1 Street Signs for Subdivisions
Moved by J. Doerksen that the draft Community Identification System Policy be
tabled until a draft numbering plan for hamlets and estate developments is prepared to
be shown in conjunction with the draft policy. Carried.
10-1 NW & SW'/4 32-17-14-W4 and Pt. SE 31-17-14-W4
Welling. Steve -Agricultural to Countrv Residential
Dennis Blain, of Blain Homes and Steve Welling, of Planwell Consulting, were in
attendance to present information on this request. Moved by Councillor Baksa that we
recommend to Council the approval of an amendment to the Land Use Bylaw
changing the NW & SW 32-17-14-W4 and SE 31-17-14-W4 from an Agricultural
District to a Country Residential District which is to take effect upon the registration
of the subdivision plan subject to the following being registered as a restrictive
covenant on the title and outlined as a development policy within the Area Structure
Plan for this subdivision as well as in the sales agreement between the vendor and the
purchaser:
That only single family dwellings constructed on-site are permitted.
That the single family dwelling is architecturally controlled to ensure that the
design of these dwellings is consistent throughout the development. The
architectural controls are to be outlined within the Area Structure Plan.
That the following setbacks are to be followed in the placement of buildings
on the property:
Front Side Flankage Rear
20m lOm 20m 15m
That accessory buildings shall have the following requirements:
Shall be located at least 1.5 m from a principal building;
Shall not exceed 6 m in height;
Shall not have walls greater than 4 m in height;
Shall not exceed 240 mZ in area;
Shall not be used for living purposes.
May 26, 1998 Page 31
~,,~ - That home occupations shall only be permitted as an office and telephone.
No outside storage of materials, truck storage, repair shops or other use which
may create noise, vibration, smoke, dust or other particulate matter, odour,
toxic or non-toxic matter, radiation hazards, fire or explosive hazards, heat,
humidity or glare, that may adversely affect the amenities of the
neighbourhood, or interfere with the normal enjoyment of any land or
development shall be permitted.
- There shall be no further subdivision of the lots.
- The keeping of livestock, excluding horses, shall not be permitted.
Carried.
~7 Karen Rose was in attendance to present information against the proposed
development and land use change.
6. Permits
1. Development Permit Application # 1815 - NW 2-15-13-W4
~"' Cook. Gord & Christine -New Beef Feedlot -Rolling Hills
Gord Cook was in attendance to present information on his application. Moved by
Councillor Scheuerman that we approve Development Permit Application #1815 of
Gord & Christine Cook to establish a 2000 head beef feedlot operation at NW 2-15-13-
W4 subject to the following conditions:
1. 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 & Municipal Statutes,
Regulations, Codes and Standards.
3. That the proposed development shall be located as shown on the site plan
submitted May 4, 1998. Any change to this site plan shall require the written
authorization from the Development Control Officer.
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May 26, 1998 Page 32
4. That this approval shall be valid for a total up to 2000 head beginning with
500 in 1998. 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 June 18, 2002
or sooner. Any increase over the approved total shall require a separate
development permit application and approval.
That, if required, 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 Officer.
6. That the operator shall ensure access to 555 acres of dryland or 278 acres
irrigated for manure application. If this cannot be provided, the operator shall
be responsible for obtaining written agreements from land owners who can
provide suitable land for manure application. A copy of this agreement shall
be provided to the Development Control Officer. Such agreement shall be
subject to the Code of Practice. The 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. Due concern
and consideration should be exercised when spreading manure on lands near
neighbouring residences by maintaining an adequate separation distance.
8. That the applicants 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).
May 26, 1998 Page 33
9. That all surface water drainage from the proposed feedyard must be contained
~ in an adequate catch basin capable of containing 2860 m3. The catch basin
shall be located on soils of sufficient clay content to have a hydraulic
conductivity of less that 10-' cm/sec. The floor of the catch basin must be at
least 1 m above the ground water table. It is further recommended that an
additional 18 inches of freeboard be provided as a safety margin for the
storage.
10. That the developer shall be responsible for the construction and maintenance
of berms on the northern side of the feedlot to divert surface water runoff
away from the feedlot. The developer should ensure that all drainage ditches
and/or canals are protected from runoff contamination by a berm at least 2
feet high. That the developer shall also ensure that the existing berm along
the E.I.D. ditch is extended westward to a point where surface drainage shall
not enter into the E.I.D. ditch.
~' 11. That the developer shall ensure that following major runoff events between
~/ ~' May and October of each year the collected feedlot runoff is to be applied to
croplands in preparation for further runoff collection.
12. 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.
13. 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.
14. That the operator shall ensure that the storage of manure is located such as to
avoid the contamination of groundwater, prevent contaminated surface water
from leaving the property and does not contribute to undue odour nuisance.
Solid manure shall be stored either in a pen or on a compacted clay base. The
operator shall ensure that sufficient solid storage is provided to accommodate
at least one years solid manure production.
15. That this use shall conform to Section 49 of the County of Newell Land Use
By-law #1004-90 being the A -Agricultural District.
May 26, 1998 Page 34
16. That all structures and buildings shall be located a minimum of 40 m from
the centreline of the roadway. ~,,,,%
17. That the developer shall ensure that all construction materials, supplies and
equipment are stored on the property and not on the public roadway.
18. That the developer shall ensure the continuous clean-up of construction
debris trucked onto the public roadway where access is provided to the
property.
19. That the developer shall ensure the property is maintained to the satisfaction
of the Development Officer.
20. 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.
21. That the developer shall ensure that a minimum separation distance of 2171
feet is maintained from the facility to the nearest single residence.
22. That should the developer require a new water well to service this
development, that it be licenced by Alberta Environmental Protection.
23. That the proposed approach to the site be relocated to the existing approach
V'' located approximately in the middle of the quarter section and that the
V,' applicant enter into a Road Approach agreement with the County of Newell
(attached to and forming a part of these conditions) to develop the approach
to the satisfaction of the Public Works Department.
24. 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 #1816 - NE 4-19-14-W4 -Division 10
Custom Riggers "1988" Ltd~for Telus) -Communications Tower
Steve Curzon, of Custom Riggers "1988" Ltd., was in attendance to present
information on Development Permit Application #1816. Moved by A. Zagorsky that
we approve Development Permit Application #1816 of Custom Riggers "1988" Ltd.
for a Communications Tower in the NE 4-19-14-W4, Division 10, subject to the
following conditions:
May 26, 1998 Page 35
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1. That this use be classified as a "Telecommunications Tower" being a
discretionary use within the OF -Urban Fringe 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 50 of the Land Use
By-law #1004-90 pertaining to the OF -Urban Fringe District.
4. That the development shall be located as shown on the site plan submitted
May 4, 1998. Any changes to that plan shall require the written approval of
the Development Control Officer.
5. That this permit shall only be for the construction of a telecommunications
tower and ancillary building on NE 4-19-14-W4M. 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 tower and ancillary building are
located a minimum of 40 m from the centre line of the adjacent County road.
9. That the developer shall be responsible for obtaining a development permit
from Alberta Transportation and Utilities (contact John Thomas, 381-5426
or fax 381-5253) as this development is located closer than 300 m to the
Trans Canad Highway. A copy of this development permit shall be provided
to the Development Control Officer prior to commencing construction.
10. That the developer shall be responsible for obtaining approval from Transport
Canada for the communications tower. A copy of this approval shall be
provided to the Development Control Officer when obtained by the
developer.
11. That the developer shall ensure that the property is maintained to the
satisfaction of the Development Control Officer.
12. That the developer shall ensure that construction materials, supplies,
equipment are stored on the property.
May 26, 1998 Page 36
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 developer shall ensure that suitable fencing is provided to prevent
unauthorized entry into the ancillary building and communication tower.
Carried.
3. Development Permit Application #1817 -Plan 8310515, Block 2, Lots 1 & 2
United Farmers of Alberta -Replacement of Above Ground Fuel Storage Tanks
Bill M°Laughlin, of UFA Engineering Group, and Joe Trembecki, of the Brooks UFA,
were in attendance to present information on their application. Moved by Councillor
Scheuerman that we approve Development Permit Application #1817 of United
Farmers of Alberta, Plan 8310515, Block 2, Lots 1 & 2 for the replacement of above
ground fuel storage tanks subject to the following:
That this use be classified as an "Accessory Use" being a discretionary use
within the I -Industrial District.
2. That this use comply with all Federal, Provincial and Municipal Statutes, ~` ;
`~ Regulations, Codes and Standards. `'
3. That this use shall comply with the provisions of Section 54 of the Land Use
By-law # 1004-90 pertaining to the I -Industrial District.
4. That the proposed development shall be located as shown on the site plan
submitted May 6, 1998. Any change to this plan shall require the written
authorization from the Development Control Officer.
5. That this approval is given only for the replacement of a 5000 (five thousand)
gallon above ground fuel tank with two (2) 20000 (twenty thousand) gallon
above ground fuel tanks and related ancillary improvements. Any other
improvements shall require separate applications and approvals.
6. That this use shall comply with the Alberta Building Code, where applicable.
7. That this use shall comply with the Alberta Fire Code, where applicable.
May 26, 1998 Page 37
~ 8. 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).
9. That the developer shall ensure that the development satisfies the setback
requirements of the I -Industrial District, which are:
Front Side Flankage Rear
*7.5m 3m *7.5m 3m
* Minimum yard distances from subdivision streets or service roads
only. Setbacks from district roads shall be in compliance with those
in the General Land Use Regulations.
10. That the developer shall enter into a Road Approach Agreement with the
County of Newell for the improvement of the approach located on the
southern property line of Lot 2, Block 2, Plan 8310515 adjacent to Boswell
Crescent. The approach shall include a 15 inch culvert, extensions to the
culvert to prevent compaction from turning vehicles, and bollards or some
other means of protection to the satisfaction of the Public Works
Superintendent that ensure turning vehicles do not damage the culvert.
~- 11. That the developer shall ensure that the property is maintained to the
satisfaction of the Development Control 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 developer shall ensure that no contamination of ground water or
surface water occurs as a result of this use.
Carried.
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May 26, 1998 Page 38
4. Development Permit Application #1821 -Plan 2123FB, Block 1, Lot 4
Johnson Patricia & Roddy -Moved-In Building
Moved by Councillor Baksa that we approve Development Permit Application #1821,
Plan 2123FB, Block 1, Lot 4, Patricia & Roddy Johnson for aMoved-In Building
subject to:
1. That this use be classified as a "Moved-in Building" being a discretionary use
within the HC -Hamlet Commercial 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 59 of the Land Use
Bylaw #1004- 90 pertaining to the Hamlet Commercial District.
4. That the development shall be located as shown on the site plan submitted May
13, 1998. Any changes to that plan shall require the written approval of the
Development Control Officer. ~ }
5. That this permit shall only be for the relocation of an ATCO trailer from SW 5-
15-13-W4M to Plan 2123FB, Block 1, Lot 4. Any additional development shall
` ~ require a separate development permit application and approval.
OJT, 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:
Front Side Flankage Rear
3m *Om 3m 6m
*One side yard shall be extended to 4.5 m where no lane exists.
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 waste water from this use.
11. That the developer shall ensure that the property is maintained to the satisfaction
of the Development Control Officer.
May 26, 1998 Page 39
,.., 12. That the developer shall ensure that construction materials, supplies, equipment
are stored on the property.
13. That the developer shat l ensure the continuous clean-up of construction debris
tracked onto the public roadway where access is provided to the property.
14. That the developer shall provide a $1,000.00 Irrevocable Letter of Credit or
other form of security to the Development Control Officer prior to the
relocation of the building to be returned upon the satisfactory renovations to the
building to make it operable as a beauty salon.
Carried.
Business from Minutes (cont'd)
13-2 Brooks Greenhouses - SW 26-181-5-W4 - 2nd Resid nce
The County Planner presented further information on this item.
13-4 County of Wheatland -Land Use Bylaw & Municipal Development Plan
~^
The County Planner presented a draft letter to the County of Wheatland with regard to
their Land Use Bylaw & Municipal Plan Development. Moved by Councillor Baksa
that the letter to the County of Wheatland be sent as presented. Carried.
7. Home Occupation Permits
There were no Home Occupation Permits.
8. Land Use Chang_e~
1. Proposed Amendment to Land Use Bylaw #1004-90
Mobile Homes & Moved-In Buildings in the Hamlet of Scandia
Moved by Councillor Baksa that we recommend to Council that they amend the
following sections of Land Use Bylaw # 1004-90:
~"
May 26, 1998 Page 40
Section 56.7 HSF -Hamlet Single Family Residential District
Section 57.7 HRM -Hamlet Residential District
Section 58.7 HMH -Hamlet Mobile Home Residential District
by including the following sentence under Special Regulations:
"The Scandia Hamlet Advisory Committee shall provide a written
recommendation to the Development Control Officer and/or the
Municipal Planning Commission on the relocation of mobile homes and
moved-in single family dwellings prior to approval by the Development
Control Officer and/or the Municipal Planning Commission."
Carried.
9. Subdivisions
1. 98 NL 10 - SE 23-20-13-W4 -Patricia
Sewall, Scott & Leza
Moved by J. Doerksen 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 to upgrade the existing northern approach of the proposed
parcel; subject to the County waiving the Land Use Bylaw requirement under Section
44 for the existing buildings on the proposed parcel to be located closer than 40 m from
the centre line of a Secondary Highway; and subject to the consolidation of the remnant
parcel with the SW 23-20-13-W4 at the time of registration of the subdivision plan.
Carried.
Lunch
The Commission recessed for lunch from 12:15 p.m. to 1:15 p.m.
May 26, 1998 Page 41
~,,, Subdivisions (cont'd)
2. 98 NL 11 - Pt. 4 - SW 9-19-14-W4 & Block C, Plan 7220GQ
Brooks Theatre Holdings Ltd -Consolidation of Title
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; subject to the consolidation of the .66
acre parcel with LSD 3-9-19-14-W4 at the time of registration of the subdivision plan;
and subject to the consolidation of Block C, Plan 7220GQ with LSD 4-9-19-14-W4 at
the time of registration of the subdivision plan. Carried.
10. Development Report
The Development Report for April 23, 1998 to May 19, 1998 was presented to the
Commission. Moved by Councillor Baksa that we approve this report. Carried.
?7
11. Correspondence
1. Bryan & Kimberley Fletcher -Revision to Outbuildings on Acreages
/' Development Permit Application #1824 -Oversized Building
Plan 9512079. Block 1 (NE 24-16-14-W4) -Division 2
A letter from Bryan and Kimberley Fletcher, requesting a waiver for accessory building
sites on acreages, was presented to the Commission. Moved by A. Zagorsky that we
approve Development Permit Application #1824, Plan 9512079, Block 1 (NE 24-16-
14-W4), Bryan & Kimberley Fletcher for an oversized building subject to the
following:
That this use be classified as an "Accessory Building" which exceeds the
Accessory Building Restrictions of the CR -Country Residential District and
is, therefore, granted approval under Section 9(4) of the Land Use By-law
# 1004-90.
2. That this use comply with all Federal, Provincial and Municipal Statutes,
Regulations, Codes and Standards.
3. That this use shall comply with the provisions of Section 51 of the Land Use
By-Law # 1004-90 pertaining to the CR -Country Residential District.
May 26, 1998 Page 42
4. That the proposed development shall be detailed by the applicants on a site
plan showing the distances from the proposed building to the property lines, ~,;%
mobile home and pump house. This shall be provided to the Development
Control Officer by June 30, 1998.
5. That this approval is only for the construction of a 279 mz (3000 ft'-) x 5 m
(16 ft) high building and related ancillary improvements. Any other
improvements shall require a separate development 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).
That the developer shall ensure that the proposed development complies with
the following minimum setback requirements:
r4
Front Side Flankage Rear
40m 3m 40m 7.Sm
9. That the developer shall ensure an adequate supply of water is provided for
this use.
10. That the developer shall ensure the proper disposal of any sewage or other
waste from this use.
11. That the developer shall ensure that the property is maintained to the
satisfaction of the Development Control Officer.
12. That the developer shall obtain written confirmation from the owners of Plan
9512079, Block 2 and NE 24-16-14-W4M that they have no objections to the
proposed development which is to be provided to the Development Control
Officer prior to the commencement of construction.
13. That the developer shall install trees and other vegetation to the satisfaction
of the Development Control Officer between the proposed building and the
southern property line in order to screen it from the farmstead south of the
subject property.
14. That the developer shall enter into a Road Approach Agreement with the
County of Newell for the proposed approach to access the building.
May 26, 1998 Page 43 ~...~
,,^ 15. That the developer shall ensure that construction materials, supplies,
equipment are stored on the property.
16. That the developer shall ensure the continuous clean-up of construction
debris tracked onto the public roadway where access is provided to the
property.
17. That the proposed building shall be clad in materials to the satisfaction of the
Development Control Officer.
18. That the proposed building shall not be used for living purposes.
19. That the accessory building shall not be used for conducting a business or
commercial operation unless the operation is conducted in conjunction with
an Approved Home Occupation.
Carried.
12. Post Agenda Items
1. Subdivision Application 98 DU 11 - NE 29-20-14-W4
~-- Dykstra. Jan & Renate -Duchess
Moved by Councillor Baksa that we have no objection to the proposed subdivision, 98
DU 11, Duchess. Carried.
Excused from Meeting
Councillor Fabian excused himself from the meeting at 1:30 p.m. and Vice-Chairman
Doerksen assumed the chair.
Correspondence (cont'd)
2. Alberta Land Surveyors' Association -Title Insurance
A letter from Alberta Land Surveyors' Association, regarding Canadian Real Estate
transaction -title insurance, was presented to the Commission. Moved by Councillor
Scheuerman that this item be accepted as information. Carried.
May 26, 1998 Page 44
13. Other Business
There was no Other Business presented.
Post Agenda Items (cont'd)
2. Development Permit Application #1824 -Plan 9512079, Block 1 (NE 24-16-14-W4)
Fletcher Brian & Kimberley -Oversized Buildings
This item was dealt with under correspondence 11 - 1.
3. Brownlee Fryett -Supreme Court of Canada Upholds
Finality of Development Officer's Stop Order
Correspondence from Brownlee Fryett, regarding a Supreme Court of Canada decision
to uphold the finality of a Development Officer's Stop Order, was presented to the
Commission as information.
14. Question Period/Notice of Motion
A question period was held.
15. Adjourn
Moved by A. Zagorsky that the meeting adjourn at 1:50 p.m. Carried.
SEC ARY
May 26, 1998 Page 45