HomeMy WebLinkAbout1998-11-24 Municipal Planning Commission (Regular) Minutes~~
,,._ County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
November 24, 1998
The regular Municipal Planning Commission Meeting of the County of Newel I No.4
was held in the County Office at Brooks, AB on Tuesday, November 24, 1998
commencing at 10:00 a.m.
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Members Present Chairman C. Baksa
Councillors M. Locwen
E. Stobbs
Representative .I. Doerksen
Planner G. Shaw
Assistant Administrator A. Martens
Recording Secretary P. Hoffman
1. Excused from Meeting
No members asked to be excused from this meeting.
2. Minutes
Minutes of the October 27, 1998 meeting were presented to the Commission. Moved
by Councillor Loewen 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 ~e~ nda
Moved by Councillor Stobbs that the agenda be adopted as amended. Carried.
November 24, ! 998 Page 94
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5. Business from Minutes
12-1 Street Signs for Subdivisions ``"~
Moved by Councillor Stobbs that this item be lined from the table. Carried. Moved
by Councillor Loewen that we table this item to allow for further input from the
Hamlet Advisory Committees. Carried.
13-1 Lake Newell Estate Peninsula Development
This item will be brought forward in the new year.
13-3 Land Use Bylaw Amendment -Mobile Home Park Pads
The County Planner presented a report in regard to Mobile Home Park Pads to the
Commission. Moved by Councillor Loewen that we recommend to Council that
Section 61.5(1) of Land Use Bylaw 1004-90 be amended by including the following
after the first paragraph:
"Each mohile home skull provide u vertical clearance of ul least <00 nam (2-{ in)
hclween the lop gflhe.finished grade under the home and the bouum ufthe floor, jvisls.
This may he varied in homes thin incorporate u lowered section (e.g. szmken living
rvonz) or where the home is installed on u sloping site, the vertical clearance hel~reen ~~
the top uflhe•finished grade and the bottom of the foists of •Ihe lowest section shut/ he
ul least 300 mm (12 in). The maximum vertical clearance distance permitted fc~r ouch
mobile home Shull he I~00 mm (3< in). " Carried.
6-2 Cash-in-Lieu of Municipal Reserve
The Assistant County Administrator and the County Planner presented information
and options on the calculation of Cash-in-Lieu of Municipal Reserve.
14 Land Use Bylaw Enforcement
A discussion was held on enforcement of the Land Use Bylaw.
November 24, 1998 Page 95
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6. Land Use Changes
1. Hartland Group Equipment Rentals Ltd. -Division 10
Pt. Plan 1872 F.R., Parcel A & Plan 9010604, Block 1, Lotl
NE 4-19-14-W4 - Country Residential to Industrial
Roger Stogre of Hartland Group Equipment Rentals Ltd. and Realtor Joan Jenkins
were in attendance to present information on this Land Use Change application.
Moved by Councillor Loewen that we postpone this item until after lunch. Carried.
Business from Minutes (cont'd)
14 Land Use Bylaw Enforcement (cont'd)
The Planner outlined the procedures followed when issuing a Stop Order. This item
will be further discussed after lunch.
7. Permits
1. Permit #1914 - Peeters-Van Tryp Farms Ltd. -Division 8
NW 15-20-14-W4 -Expansion to Dairy Farm
Moved by Council for Stobbs that we approve Development Permit Application # 1914
to expand an existing dairy farm operation from 1 10 to 140 dairy cows at N W 15-20-
14-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 and Municipal statutes,
regulations, codes and standards.
3. That the proposed development shall be located as shown on the site plan
submitted October 19, 1998. Any change to this site plan shall require the
written authorization from the Development Officer.
4. That this approval shall be valid for a total of up to 140 dairy cows. This total
shall be achieved by December 17, 2000. Any variance to this total shall require
a separate development permit application and approval.
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November 24, 1998 Page 96
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~` 5. That the operator shall ensure access to 440 acres of cultivated dryland or 260
acres cultivated irrigated land 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 Officer. Such agreement shall
be subject to the Code of Practice. The land base shall be fully utilized.
6. 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.
7. That the applicant shall provide to the Development Officer's satisfaction a
manure management plan which includes the following:
• Volwnes of manure produced on an annual basis;
• A cropping plan with expectations of amounts of nutrients to be utilized;
• Amount of owned land 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 applicant and additional land owners (if required).
8. That all surface water drainage should be diverted away from the dairy barn and
manure storage areas to prevent contamination from these sources. It is
recommended that berms be constructed where necessary to divert surface run-off
water away from facilities.
9. That it is recommended the developer undertake testing of the soils in the area of
the proposed barn as well as the proposed liquid manure storage lagoon.
10 That it is recommended that the manure storage lagoon be properly engineered
so as to ensure the permeability of the wall and floor be equal to or less than 1 x
10•' cm/s and that the storage facilities be provided for at least 3 months of
manure storage. The floor level of the manure storage lagoon must be at least 3
ft. above the ground water table. The lagoon is to have the storage capability of
4,130 m' (909,000 gallons) for one year of storage.
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November 24, 1998 Page 97
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11. That a specific site shall be identified and maintained as an interim storage
i"' location for dead animals. This site shall have suitable drainage material to
ensure proper drainage, protected from predators, easily accessible by truck and
out of the general view of the public. "I'he site should be located a minimum of
40 m from the centre line of the County road. Dead disposal by rendering truck
is recommended.
l 2. That the developer should e-isure that a sustainable source of drinking water for
the animals is provided. Estimated daily water consumption was determined to
be 17.5 -n' (4,000 gal/day).
13. That this use shall conform to Section 49 of the County of Newell Land Use
Bylaw #1004-90 being the A -Agricultural District.
14. That all structures and buildings shall be located a minimum of 40 m from the
centerline of the County road.
15. That the developer shall ensure that alt construction materials, supplies and
equipment are stored on the property and not on the public roadway.
16. That the developer shall ensure the continuous clean-up of the construction debris
trucked onto the public roadway where access is provided to the property.
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17. That the developer shall ensure the property is maintained to the satisfaction of
the Development Officer.
18. That ibis use shall be subject to inspection by the Development Control Officer
within one year of the decision date to determine compliance with these
conditions.
19. That the developer shall ensure that a minimum separation distance of 887 ft (270
m) for a category 1, single residence or low sensitivity neighbourhood is
-naintained from the facility to the nearest single residence.
Carried.
November 24, 1998
Page 98
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2. Permit #1920 -Thomas, Peter -Division 8
Plan 9512659 Block 5 Lot 4 -Front & Rear Yard Variance
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Moved by Councillor Loewen that we approve Development Permit Application
# 1920 for a single family residence to be construction on Lot 4, Block 5, Plan 9512659
with a 4.66 ft (1.42 m) variance to the front yard minimum requirement and a 14.76
ft (4.5 m) variance to the rear yard minimum requirement subject to the following
conditions:
1. .That this use be classified as a "Single Family Dwelling" being a permitted use
within the CR -Country Residential 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 S l of Land Use Bylaw
#1004-90 pertaining to the Country Residential District.
4. That the development shall be located as shown on the site plan submitted
November 17, 1998. Any changes to that plan shall require the written approval
of the Development Officer.
5. That this permit shall only be for the development of the single family residence.
Any additional development shall require a separate development permit .J
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 except where varied by the decision
of the Municipal Planning Commission on November 24, 1998:
Front Side Flankage Rear
*6.08 m 1.5 m *7.5 m 3.Om
*Minimum yard distance from subdivision streets or service roads.
9. That the developer shall ensure an adequate supply of water is provided for this
use.
November 24, 1998 Page 99
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10. That the developer shall ensure proper disposal of sewage and waste from this
r^ use.
1 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
eyuipment 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 drainage from this property does not affect
neighbouring properties.
15. That the developer shall have a registered Alberta Land Surveyor complete a plot
plan to be provided to the Development Officer prior to the commencement of
construction of the single family residence.
16. That the developer shall ensure that a minimum of 10 (ten) horizontal ft. is
maintained between the single family residence and the overhead power lines
located on Lot 3, Block 4, Plan 9512659.
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17. That the developer shall ensure that all drainage from Lot 4, Block 5, Plan
9512659 is directed away from adjacent lots, in particular Lots 3 and 5, Block 5,
Plan 9512659.
18. That the developer shall ensure that the maximum height of the residence shall
be 32.8 ft (1 Om) or less.
19. That the developer shall provide a set of blueprints for the single family residence
to be constructed on Lot 4, Block 5, Plan 9512659 to the Development Officer
prior to commencement of construction.
Carried.
Lunch & Tour
The Commission recessed for lunch and a tour from 12:00 noon to 2:00 p.m.
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November 24, 1998
Pale 100
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Prior to reconvening the meeting after lunch, the Commission went on a tow' of a
number of subject properties.
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Land Use Changes (cont'd)
1. Hartland Group Equipment Rentals Ltd. -Division 10
Pt. Plan 1872 F.R., Parcel A & Plan 9010604, Block 1, Lot 1
NE 4-19-14-W4 - CountrxResidential to Industrial (cont'd)
Moved by Councillor Loewen that we recommend to Council that they amend Land
Use Bylaw # 1004-90 so that part of Plan 1872 F.R., Parcel A and Plan 9010604, Block
1, Lot 1, be amended from CR -Country Residential District to 1 - Industrial District.
Carried.
A discussion of the proposed service road in that area indicated that the consensus of
the Conu»ission was that the service road should parallel the #1 [-lighwayand connect
with the One Tree Road.
Business from Minutes (cont'd)
Land Use Bylaw Enforcement (cont'd)
This item wilt be brought to the next meeting.
8. Home Occupation Permits
There were no Home Occupation Permits.
9. Subdivisions
1. 98 NL 23 -Plan 8210258, Block 4, Lot 7 -Division 1
Bell Doug -Title Split
Moved by Councillor Stobbs that we recommend to Council approval of this
application subject to the applicant consolidating the two parcels being created with
the adjoining properties being Plan 8210258, Block 4, Lots 6 8t 8. Carried.
November 24, 1998 Page I O I
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2. 98 NL 24 - Pt SW & SE 3G-20-1G-W4 -Division 8
,~^ Friesen..lacob 8i Wilma -Farmstead Separation
Moved by Councillor Loewen 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 easements; subject to the appl icant
consolidating that portion of SE 36-20-15-W4 lying west of the westerly boundary of
Plan 490 J.K. with the SW 36-20-IS-W4 not included within the subdivision area;
subject to the applicant ensuring all utility rights of way, board orders and agreements
are carried forward when the subdivision plan is registered; and subject to the existing
deferred reserve caveat on the title being adjusted to reflect the new amount required
as a result of~ this subdivision application. Carried.
10. Development Rem
The Development Report for October 21 ``, 1998 to November 18`", 1998 was presented
to the Commission. Moved by .l. Doerksen that we approve this report. Carried.
11. Correspondence
~ l . UMA Enaineerina Ltd -Westside Park Residential Area Structure Plan
A letter from UMA Engineering Ltd., responding to our concerns with regard to the
Westside Park Residential Area Structure Plan, was presented to the Commission.
This item was referred to the Municipal Committee Meeting.
12. Other Business
1. M~Colman-Martin - 12-18-15-W4 -Division 5
Area Structure Plan U date -Golf Course & Residential Develo ment
The County Planner updated the Commission on the plans for the M`Colman-Martin
Golf Course & Residential Development.
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November 24, 1998
Page 102
13. Post Agenda Items
1. Permit #1687 -['Ian 1217 BA, Block 6, Lot 8 -Division 3
Bell Doug- Variance to Front Yard Minimum Setback Requirement
Moved by .1. Doerksen that we grant a 1.04 and 1.02 m variance to the front yard
minimum setback requirement as stipulated in section 56.4 of Land Use Bylaw # 1004-
90 for Plan 1217 BA, Block 6, Lot 8 and allow the modular home to remain as shown
in the Real Property Report dated November 9, 1998. Carried.
2. Town of Brooks -Continents on Subdivision Application
A letter from the Town of Brooks, requesting comments on a subdivision application
within the Town of Brooks, was presented to the Commission. The Planner will
respond to this letter stating that we have no objections to this subdivision.
14. (question Period/Notice of Motion
A question period was Held.
15. Adjourn
Moved by Councillor Stobbs that the meeting adjourn at 3:00 p.m. Carried.
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CHAIRMAN
SECRETARY
November 24, 1998 Page 103