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Home My WebLink About1998-07-28 Municipal Planning Commission (Regular) MinutesCounty of Newell No. 4 ~ Minutes of Municipal Planning Commission Meeting July 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, July 28, 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 Administrator A. Martens Recording Secretary P. Hoffman .... 1. Excused from Meeting All members were in attendance at this meeting. ~^ 2. Minutes Minutes of the June 30, 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 A eg_nda Moved by J. Doerksen that the agenda be adopted as amended. Carried. .-~ July 28, 1998 Page 56 5. Business from Minutes 12-1 Street Si~Tns for Subdivisions ~--`' This item will be brought back to a future meeting. 6. Permits 1. Development Permit Application #1843 - W '/2 30-14-13-W4 Chomestek, Carl & Wendy -Intensive Livestock Operation Carl Chomestek was in attendance to present information on this development permit application. Moved by J. Doerksen that we approve Development Permit Application #1843 of Carl & Wendy Chomestek for an intensive livestock operation on W '/2 30- 14-13-W4 subject to the following conditions: 1. That this use be classified as an "Intensive Livestock Operation" being a y '~--- discretionary use within the A- Agricultural District. ~77 2. That this use comply with all Federal, Provincial and Municipal Statutes, Regulations, Codes and Standards. -.. 3. That the proposed development shall be located as shown on the site plan submitted ,_,~ June 23, 1998. Any change 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 1750 head. The developer shall notify the Development Control Officer in writing when the 1750 head total has been achieved. The maximum number of head approved in this application shall be satisfied prior to August 19, 2002 or sooner. Any increase over the approved total shall require a separate development permit application and approval. 5. 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 507 acres of dryland or 253 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. July 28, 1998 Page 57 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 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 1 y (if necessary); 1 /Y~ Commitment to follow the Code of Practice in regards to the spreading of VVV manure from both the applicants and additional land owners (if required). 9. That all surface water drainage from the proposed feedyard must be contained on the subject property and be prevented from contaminating surface or ground water. In order to achieve this, berms are to be constructed to divert surface run-off water away from the facility and contain and direct run-off originating at the facility into the existing slough located to the east of the site. 10. That the developer shall undertake testing of the soils in the area where the pens are to be constructed to ensure that the soils contain an adequate clay percentage (typically 20%) so that the pen floor will seal properly and no contamination of ground water will occur. 11. That the developer shall provide a monitoring system comprising of two or three wells to ensure that no contamination occurs from the feedlot and ancillary structures into ground water. The developer shall be responsible for self-monitoring the wells on an annual basis. It is suggested that apre-startup test be undertaken to be able to compare annual results and determine any changes in ground water quality. Any changes in ground water quality shall be reported to Alberta Agriculture. 12. That a specific site shall be identified and maintained as an interim storage location for dead animals. This site should be covered and have suitable drainage material to ensure proper drainage and be protected from predators. This location shall be located a minimum 40 m from the centreline of Secondary Highway 875 and a minimum of 30 m or more from the proposed feedlot. Dead disposal by rendering truck is recommended. July 28, 1998 Page 58 13. That the operator shall ensure storage of manure occurs within the feedlot's pens. ~. The manure shall be cleaned from the pens either on an annual basis or if the pens are v. to be left empty for longer than one year. 14. That this use shall conform to Section 49 of the County of Newell Land Use By- law #1004-90 being the A -Agricultural District. 15. That all structures and buildings shall be located a minimum of 40 m from the centreline of the Secondary Highway. 16. That the developer shall ensure that all construction materials, supplies and equipment are stored on the property and not on the public roadway. 17. That the developer shall ensure the continuous clean-up of construction debris trucked onto the public roadway where access is provided to the property. 18. That the developer shall ensure the property is maintained to the satisfactiop of the Development Officer. 19. 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. 20. That the developer shall ensure that a minimum separation distance of 1641 feet "'~ is maintained from the facility to the nearest single residence. --~ Carried. 7. Subdivisions 1. 98 NL 14 - Pt. NW 9-20-14-W4 Philpott Dale -Consolidation of Title Moved by Councillor Baksa that we recommend to Council 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 any required accesses for the proposed and remnant parcels. Carried. Development Report The Development Report for to June 24, 1998 to July 21, 1998 was presented to the Commission. Moved by A. Zagorsky that we approve this report. Carried. July 28, 1998 Page 59 r- 9. Correspondence 1. Court of Appeal of Alberta -Decision on Martin Feedlot The decision of the Court of Appeal of Alberta on the Martin Feedlot appeal was presented to the Commission for information. Development Permits (cont'd) 2. Development Permit Application #1854 - SW 5-21-14-W4 Endersbv. Dan -Variance of Setback Requirements Dan Endersby was in attendance to present information on this development permit application. Moved by Councillor Scheuerman that we grant a variance to the setback requirement for the shop of Dan Endersby located at SW 5-21-14-W4 subject to the following conditions: 1. That this use be classified as an "Accessory Building" being a permitted 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 Bylaw #1004-90 pertaining to the Urban Fringe. 4. That the development shall be located as shown on the site plan submitted July 20, 1998. Any changes to that plan shall require the written approval of the Municipal Planning Commission or designate. 5. That this use shall comply with the Alberta Building Code, where applicable. 6. 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). 7. That the developer shall ensure that the proposed development complies with the following setback requirements as per the Municipal. Planning Commission decision July 28, 1998: Front Side Flankage Rear *15m 3m *15m 3m ,~-- *Minimum yard distance from centre line of the County road to foundation of building. July 28, 1998 Page 60 8. That the developer shall ensure that the property is maintained to the satisfaction of _ the Development Control Officer. 9. That 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. 11. That this permit shall only be for the construction of the accessory building. Any additional development shall require a separate development permit application and approval. 12. That the developer shall ensure an adequate supply of water is provided for this use. 13. That the developer shall ensure proper disposal of sewage and waste from this use. ~: 14. That should the County be required to widen the roadway, the developer shall be responsible for all costs associated with moving the building and other ancillary structures to a location elsewhere on the property. Carried. 10. Home Occupation Permits July 28, 1998 1. Permit #84 - Oostlander, Jane - SW 18-21-15-W4 Secretarial Services & Corporate Registration Moved by A. Zagorsky that we approve Home Occupation Permit #84 of Jane Oostlander for Secretarial Services and Corporate Registration subject to the following conditions: 1. That this use is classified as a home occupation being a discretionary use within the A-Agricultural District. 2. That this use shall comply with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. That this use shall not affect the residential use of the property or adjacent properties and area. 4. That the total number of off-site employees, not including the occupants of the residence, involved with the said occupation shall not exceed two. _ Page 61 5. That there shall be no outside storage of goods or materials, excepted as noted in .-~ these conditions. 6. That there shall be no noise, vibration, smoke, dust or odours created from this home occupation which may affect adjacent land owners or development. 7. That this home occupation permit shall be valid for a time period until December 31, 1999. Renewal of this permit shall be subject to the applicants' performance during that time period. Carried. 1 1. Land Use Changes 1. Ptn NW 12-20-15-W4 -Penner, Alvin & Arlene Agriculture to Country Residential Moved by Councillor Scheuerman that we recommend to Council the approval of this Land Use Change from Agriculture to Country Residential and that it take affect upon the approval and registration of the subdivision plan. Carried. r` Correspondence (cont'd) 2. Town of Brooks -Subdivision Application 98 SUB 07 A letter from the Town of Brooks, with regazd to Subdivision Application 98 SUB 07, was presented to the Commission. Moved by Councillor Baksa that we send a letter to the Town of Brooks stating that we have no objections to this subdivision. Carried. 12. Other Business 1. August 1998 MPC Meeting The August 1998 MPC meeting will remain as set, on August 18,1998 at 10:00 a.m. 2. Public Utility Lots /Municipal Reserve Parcels Concerns regarding the maintenance of Public Utility Lots and Municipal Reserve Parcels was discussed. July 28, 1998 Page 62 3. Subdivision Inquiry - NW 34-19-14-W4 Bradford, Robert & Jo-Ann This item was discussed and direction given to the Planner. 13. Post Agenda Items 1. Lake Newell Development Discussion took place with regard to development of the Bantry Bay Peninsula at Lake Newell. Lunch The Commission recessed for lunch from 12:20 p.m. to 2:30 p.m. Prior to reconvening after lunch, the Commission did a site inspection of a proposed subdivision. Post A eg nda (cont'd) 1. Lake Newell Development (cont'd) J. Doerksen recommended that we study the potential usage of the Bantry Bay Peninsula which was included in the recently declined land use change. 2. Development Permit Application #1862 -Block B, Plan 2123F.B. Rolling Hills Volunteer Fire Department -Addition Moved by A. Zagorsky that we approve Development Permit Application # 1862 of the Rolling Hills Volunteer Fire Department for an addition to their firehall located on Block B, Plan 2123 F.B. subject to the following conditions: 1. That this use be classified as an "Addition to a Public Building" being a discretionary use within the PS -Public/Semi-Public Open Space District. __.%' 2. That this use shall comply with all Federal, Provincial & Municipal statutes, regulations, codes and standards. July 28, 1998 Page 63 3. That this use shall comply with the provisions of Section 65 of the Land Use ~ By-law #1004-90 pertaining to the Public/Semi-Public Open Space District. 4. That the addition shall be located as shown on the site plan submitted July 28, 1998. Any changes to that plan shall require the written approval of the Municipal Planning Commission or designate. 5. That this use shall comply with the Alberta Building Code, where applicable. 6. That the developer shall be responsible for obtaining all required permits (i.e. building, electrical, plumbing, heating and ventilation) from an accredited inspection agency. 7. That the developer shall ensure that the proposed development complies with the following setback requirements as per the Municipal Planning Commission decision July 28, 1998: Front Side Flankage Rear 11.59 m 7.01 m 11.59 m 2.13 8. That the developer shall ensure that the property is maintained to the satisfaction of the Development Control Officer. 9. That the developer shall ensure that construction materials, supplies and 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. 11. That this development approval is only for the construction of the addition. Any additional development shall require a separate development permit application and approval. 12. That the developer shall be responsible for obtaining the approval of the County of Plewell prior to commencing construction on the addition. 13. That the addition shall be faced with the same or similar materials as the existing building or to the satisfaction of the Development Control Officer. Carried. 14. Ouestion Period/Notice of Motion A question period was held. July 28, 1998 Page 64 I5. Adjourn _ Moved by Councillor Baksa that the meeting adjourn at 3:20 p.m. Carried. `~ _.__. CHAIRMAN SECRETARY July 28, 1998 Page 65