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Home My WebLink About1998-10-27 Municipal Planning Commission (Regular) MinutesC: f7 ,,.~ County of Newell No. 4 Minutes of Municipal Planning Commission Meeting October 27, 1998 "The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held in the County Oftice at Brooks, AB on Tuesday, October 27, 1998 commencing at 10:00 a.m. Members Present Chairman C. Baksa Councillors M. Loewen E. Stobbs Representatives B. Bergen .1. Doerksen Planner G. Shaw Assistant Administrator A. Martens Recording Secretary P. Hoffman l . Call to Order The Assistant Administrator called the meeting to order at 10:00 a.m. 2. Nomination & Election of Chairman The Assistant Administrator called for nominations for the position of Chairman. Councillor Stobbs nominated Councillor Baksa. Moved by Councillor Loewen that nominations cease. Carried. Councillor Baksa was declared Chairman and assumed the chair. 3. Nomination & Election of Vice Chairman The Chairman called for nominations for the position of Vice Chairman. Councillor Stobbs nominated J. Doerksen. Moved by Councillor Loewen that nominations cease. Carried. .1. Doerksen was declared Vice Chairman. October 27, 1998 Page 82 C~ 4. Excused from Meeting All members were present at this meeting. ``` 5. Minutes Minutes of the September 29, 1998 meeting were presented to the Commission. Moved by Councillor Baksa that we adopt these minutes as circulated. Carried. 6. Call for Post Agenda Items The Chairman called for post agenda items. 7. Adoption of A Ted. nda Moved by B. Bergen that the agenda be adopted as amended. Carried. 8. Business from Minutes 12-1 Street Sims for Subdivisions `~-- Moved by Councillor Stobbs that this item be lifted from the table. Carried. The County Planner presented a Community Identification System Draft Policy to the Commission. Moved by B. Bergen that we table this item to give the Hamlet Advisory Committees time for input. Carried. 13-1 Lake Newell Estate Peninsula Development The County Planner presented a report on Lake Newell Estate Peninsula Development. Moved by Councillor Stobbs that this item be postponed to the next meeting to give the new Commission members a chance to review the report. Carried. 9-4 98 NL 19 - NE 5-20-14-W4 -Division 8 Schindeler F. Nelson -Farmstead Separation The .Planner gave a summary of this application. This item will be dealt with later in the meeting when Mrs. Schindeler is in attendance. October 27, 1998 Page 83 ~~~ 13-3 Land Use Bvlaw Amendment -Mobile Home Park Pads The County Planner presented a information in regard to Mobile Home Park Pads to the Commission. This item will be discussed at the next meeting. 6. Subdivisions 1. 98 NL 21 - NW 17-14-13-W4 -Division 1 Zahenaiko. Frank & Angeline -Farmstead Separation Moved by Councillor Stobbs that we recommend to Council approval of this application subject to the applicant entering into an agreement with the County of Newell for the installation of the required access to the remnant parcel; 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 any required agreements with the Eastern Irrigation District for easements to its facilities on the proposed and remnant parcels. Carried. 7. Development Report /' The Development Report for September 23~`', 1998 to October 20'h, 1998 was presented to the Commission. Moved by J. Doerksen that we approve this report. Carried. 8. Correspondence 1. Livestock Advisory Group Recommendations to SPC = Regulatorv Options for Livestock Operations Recommendations to the SPC from the Livestock Advisory Group, with regard to Regulatory Options for Livestock Operations, was presented to the Commission for information. 2. Response to Town of Brooks Land Use Amendment and SE Area Structure Plan Amendment The Planner presented to the Commission for their information, his response to the Town of Brooks, with regard to an amendment to their Land Use Bylaw and SE Area Structure Plan. October 27, 1998 Page 84 C 3. Response to UMA Ent,ineerin~Ltd on Draft Westside Park Area Structure Plan 1 ._.® The Planner presented to the Commission for their information, his response to UMA Engineering Ltd., with regard to the Draft Westside Park Area Structure Plan. 9. Other Business 1. Proposed Construction of Stormwater Pond & Outlet SW 32-19-14-W4 (Town of Brooksl Moved by Councillor Loewen that we recommend to Council that Administration be directed to notify Alberta Environmental Protection that the County ofNewell does not have an objection to the construction of a storm water retention pond within the Town of Brooks as presented in applications #007-453 and #77152. Carried. 10. Post Agenda Items 1. Home Occupation Permit #89 - NE 21-16-13-W4 -Division 2 Stern Clayton -Office / Tel~hone Service for Grain Hauling Moved by Councillor Stobbs that we approve Home Occupation Permit #89 for an ~` . office /telephone service for grain hauling to be located at NE 21-16-13-W4 with 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 trot exceed two. 5. That there shall be no outside storage of goods or materials, except 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. October 27, 1998 Page 85 ~,,,, 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 applicant's performance during that time period. 8. Thal this home occupation shall be only for an office and phone. No other use shall be permitted. Carried. 11. Permits 1. Permit #1915 - SE 22-21-16-W4 -Wiebe, Leo -Division 7 Variance to Minimum Front Yard Setback Requirements Leo Wiebe was in attendance to present information on this application. Moved by ,l. Doerksen that we grant a 10 m variance to the Iront yard requirement for permit #1915 to allow the construction of an agricultural building on the property legally described as SE 22-21-16-W4. Carried. 2. Permit #1913 -Plan 9411176, Unit 19 - Kenco Construction -Division 5 Variance to Minimum Rear Yard Setback & Maximum Hei~hl of Residence Moved by Councillor Loewen that we grant a 1.45 m (4.76 ft) variance to permit a deck to encroach 2.95 m onto the minimum rear yard setback requirement of 7.5 m as described in the RR1 -Resort Residential District for the subject property legally described as Plan 9411176, Unit # 19 and that the we grant a .695 m (2.28 ft) variance to permit the residence to be located on the subject property to be constructed to a height of 11.13 m (36.5 ft) as viewed from the rear property line. Carried. 3. Permit # 1905 - S W 29-16-16-W4 -Division 4 Freimuth, Albert & Marion -Moved in Building (residence) Marion Freimuth was in attendance to present information on this application. Moved by Councillor Stobbs that we approve Development Permit Application #1905 for a Moved-In Building to be relocated to SW 29-16-16-W4 subject to the following conditions: 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 and Municipal statues, ~-. regulations codes and standard. October 27, 1998 Page 8G ~- 3. That this use shall comply with the provisions of Section 49 of Land Use Bylaw #1004-90 pertaining to the Agricultural District. ~' 4. That the development shall be located as shown on the site plan submitted October 5, 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 the single family residence shown in the photos attached to, and forming a part of, the development permit application. 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. 8. That the developer shall ensure that the proposed development complies with the following minimum setback requirements: Front Side Flankage Rear *40m 3m *40m 3m *Minimum yard distance from the centre line of a 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. l 1. 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 and equipment are stored on the property. l3. 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 when the moved-in residence is occupied, the existing trailers shall be removed or used for non-residential uses. Carried. October 27, 1998 Page 87 ~, yJ 3. Permit # 1916 -Plan 5280 FK, Block 6, Lot 3 -Division 1 ~ Maldaner, Dwight -Mobile Home Relocation Dwight Maldaner was in attendance to present information on this application. Moved by J. Doerksen that we approve Development Permit Application #1916 to relocate a mobile home to part of Plan 5280Fk, Block 6, Lot 3 subject to the following conditions: 1. That this use be classified as a "Mobile Home" being a discretionary use within the HR -Hamlet Residential District. 2. `That this use shall comply with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. That this use shall comply with the provisions of Section 57 of Land Use Bylaw #1004 - 90 pertaining to the Hamlet Residential District. 4. That the development shall be located as shown on the site plan submitted October 20, 1998. Any changes to that plan shall require the written approval of the Development Officer. 5. That this permit shall be for the development of a 1987, 16 ft X 72 ft mobile i" home as provided in the development permit application. 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. 8. That the developer shall ensure that the proposed development complies with the following minimum setback requirements: Front Side Flankage Rear 7.Sm 1.Sm 3m 3m 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. ~., 1 l . That the developer shall ensure that the property is maintained to the satisfaction of the Development Control Officer. October 27, 1998 Page 88 ~~ 12. "That the developer shall ensure that construction materials, supplies and cyuipment are stured on the properly. 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 mobile home shall be skirted to the satisfaction of the Development Control Ufticer. 15. That the developer shall provide a single parking stall with suitable surfacing material to ensure all-weather accessibility and an approach to the satisfaction of the Public Works Department. 16. That t1o other mobile home shall be permitted on the property except for the one granted approval under development permit application #1916 and as provided for under Section 31 of the County of Newell Land Use Bylaw #1004-90. 17. That this development approval is subject to subdivision application 98 NL 17 being given approval by the Intermunicipal Planning Commission at the October 27, 1998 meeting. The land owner or designate providing the proper documentation to the County for endorsement prior to December 31, 1998 and registration at Land Titles by the owner or designate prior to January 3 i, 1999. If this does not occur, the land owner or designate shall remove the mobile home prior to February 14, l 999, at no cost to the County of Newell. 18. That this development approval is subject to the comments of the Hamlet Advisory Committee. 19. That the developer shall be responsible for all costs associated with the tie-in of sewer and water services from the subject property to municipal services. Carried. 12. Home Ucc~ation Permits 1. Permit #88 -Plan 1217 BA, Block 7, Lots 12 & l3 -Division 3 El~ersman Steve - Tattooing Service & Other Related Services Moved by B. Bergen that we approve Home Occupation Permit #88 for an office, storage of dry goods, studio, retail sales of art supplies, tattoo related items and tattooing to be located at Plan 1217BA, Block 7, Lots 12 & 13 subject to the following conditions: That this use is classified as a home occupation being a discretionary use within the HSF -Hamlet Single Family Residential District. ~,,,~ October 27, 1998 Page 89 ~,1.7 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 adjacett 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 one. 5. -That there shall be no outside storage of goods or materials, except 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 October 27, 1999. Renewal of this permit shall be subject to the applicant's performance during that time period. 8. That the applicant shall ensure that the proposed home occupation complies with all conditions provided by the Palliser Health Authority. A copy of such conditions shall be provided to the Development Officer. ~-- ~` 9. That the applicant shall provide services to no more than one client at a time. l 0. That only one room of the residence shall be used as part of this home occupation permit. Carried. l3. Land Use Changes 1. Barg, Paul & Ada -Plan 8263 FG, Parcel "B" -Division 10 Pt. NW 32-19-14-W4 - A~*ricultural to Country Residential 2 The Planner presented information on this application. The Commission went out and viewed the subject property prior to lunch. Lunch The Commission recessed for lunch from 1 1:25 a.m. to 1:00 p.m. October 27, 1998 Page 90 (.~ Business from Minutes (cont'd) _ 9-4 98 NL 19 - NE 5-20-14-W4 -Division 8 Schindeler FNelson -Farmstead Separation Darlene Schindeler was in attendance to present information on this Farmstead Separation application. Moved by J. Doerksen that we recommend to Council approval of this application subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water and subject to payment of cash-in-lieu of municipal reserve in the amount of $837.50 per acre, being 10% of the existing market value of the land. Carried. Subdivisions (cont'd) 2. 98 NL 22 - Pt. NW 12-20-15-W4 -Division 8 Penner Alvin & Arlene -Country Residential Subdivision Alvin Penner was in attendance to present infon»ation on this application. Moved by Councillor Loewen that we recommend to Council approval of this appl ication subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water; subject to the applicant providing any registerable easements to the Eastern Irrigation District if required; subject to the applicant forming an Association for the maintenance of the water supply facility requiring each ~` purchaser to join at the time the property is purchased; subject to payment ofcash-in- lieu ofmunicipal reserve in the amount of $4,369.60, being 10% of the existing market value of the land; 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 which are to be installed at the applicant's expense and to the satisfaction of the Public Works Department and for providing easements for franchise utilities where required with the applicant being responsible for all legal costs associated with preparing this agreement and shall pay them prior to endorsement of the subdivision plan by the County and subject to the applicant being responsible for the modification and relocation of all franchise utilities as required. Carried. Municipal Reserve An extensive discussion was held on t17e calculation of cash in lieu of Municipal Reserve. October 27, 1998 Page 91 N(~ Schindeler, F. Nelson & Darlene -Farmstead Separation (cont'd) ,~^~ Moved by Councillor Loewen that we reconsider the following motion: "Moved by ,1. Doerksen that we reconunend to Council approval of this application subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water and subject to payment ofcash-in-lieu of municipal reserve in the amount of $837.50 per acre, being 10% of the existing market value of the land." Carried. Moved by Councillor Loewen that we amend the motion so that the municipal reserve is deferred to the remnant parcel. Vote on amendment. Carried. Vote on amended motion which now reads "Moved by .I. Doerksen that we recommend to Council approval of this application subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water and that a deferred municipal reserve caveat be placed on the remnant parcel." Carried. Moved by ,I. Doerksen, that after further reconsideration, we ask Council to look at the way cash-in-lieu of municipal reserve is calculated. Carried. Land Use Chances (cont'd) 1. Barg, Paul & Ada -Plan 8263 FG, Parcel "B" -Division I O ~' Pt. NW 32-I9-14-W4 - Agricultural to Country Residential 2 (cont'd) After visiting the subject property, the Commission found that this area already has a number of Country Residential subdivisions and that farming this parcel of land is not economically feasible. Moved by .1. Doerksen that we recommend to Council that they amend Land Use Bylaw #1004-90 to amend the subject property legally described as Plan 8236FG, Parcel "B" (Pt. N W 32-19-14-W4) from A -Agricultural District to CR2 - Country Residential 2 District and that this land use change come into effect upon approval of the subdivision and registration oi~the subdivision plan with Land Titles. Carried. Post Agenda Items (cont'd) 2. Permit #90 - NW-9-18-14-W4 -Lot 3, Block 2, Plan 8311138 -Division 5 Schmidt, Norn~a -Making & Selling Porcelain Dolls Moved by J. Doerksen that we approve Home Occupation Permit #90 for the making and selling of porcelain dolls and teaching the art of making porcelain dolls subject to the following conditions: l . That this use is classified as a home occupation being a discretionary use within the CR -Country Residential District. October 27, 1998 Page 92 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 ofl=site employees, not including the occupants of the residence, involved with the said occupation shall not exceed two. 5. That there shall be no outside storage of goods or materials, except 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 applicant's performance during that time period. 8. That this home occupation shall be only for the making and selling of porcelain dolls and the teaching of the art of making porcelain dolls. Carried. 14. Question Period/Notice of Motion A question period was held. Land Use Bylaw Enforcement Moved by B. Bergen that we review the enforcement of the Land Use Bylaw. Carried. 15. Adjourn Moved by E. Stobbs that the meeting adjourn at 2:55 p.m. Carried. .l^ ~"~~~ CHAIRMAN ~~y~~~~ SECRETARY October 27, 1998 Page 93