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Home My WebLink About1999-02-23 Municipal Planning Commission (Regular) Minutes1111 7„~ .^ County of Newell No. 4 Minutes of Municipal Planning Commission Meeting February 23, 1999 The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held in the County Office at Brooks, AB on Tuesday, February 23, 1999 commencing at 10:00 a.m. Members Present Chairman C. Baksa Councillors M. Loewen E. Stobbs Representative J. Doerksen Planner G. Shaw Assistant Administrator A. Martens Recording Secretary P. Hoffman • 1. Excused trom Meeting Moved by Councillor Stobbs that B. Bergen be excused from this meeting. Carried. ~ 2. Minutes Minutes of the January 14`h, 1999 meeting were presented to the Commission. J. Doerksen asked to have it noted that he had asked to be excused from the January 14`h meeting. Moved by Councillor Stobbs 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 Tei: Moved by Councillor Loewen that the agenda be adopted as amended. Carried. February 23, 1999 Page 7 ~'1 Business from Minutes 12-1 Street Sit:ns for Subdivisions Moved by Councillor Stobbs that we lift this item from the table. Carried. Moved by Councillor Loewen that we recommend to Council approval ofthe proposed lot numbering system for the Hamlet of Rolling Hills. Carried. Moved by Councillor Stobbs that we recommend to Council approval ofthe proposed lot numbering system for the Hamlet of Bow City. Carried. Moved by Councillor Loewen that we recommend to Council approval of the proposed lot numbering system for the Hamlet of Rainier. Carried. Moved by Councillor Stobbs that we recommend to Council approval of the proposed lot numbering system for the Hamlet of Scandia. Carried. The lot numbering systems for Johnson Estates, Fleury Subdivision, the Hamlet of Gem and the Hamlet of Patricia will be brought to a future meeting. 6. Development Permits 1. Permit # 1930 -Plan 8210258, Block 3, Lot 14 -Division 1 Harrowins~, Doua - Accessorv Building within Flankage Yard Doug Harrowing was in attendance to present information on this permit. Moved by Councillor Loewen that we grant development approval to locate an accessory building within the llankage yard of Plan 8210258, Block 3, Lot 14; that we grant a .57 m and .59 m variance to the 3 m minimum flankage yard requirement to allow the detached garage to remain as situated 2.41 m and 2.43 m from the property line; that we grant a .064 m variance to the 4 m maximum height requirement for the accessory building and permit the building to remain as built; and subject to the following: l . That this use be classified as an "Accessory building" being a permitted use within the HSF -Hamlet Single Family Residential District. 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 56 ofthe Land Use Bylaw #1004-90 pertaining to the Flamlet Single Family Residential District. February 23, 1999 Page 8 I lli (~,a 4. That the development shall be sited on Lot 14, Block 3, Plan 8210258 so that the ''~ following setbacks are maintained to the property lines as provided for under approval of~the Municipal Planning Commission's decision of February 23, 1999: Front Side Flankage Rear *7.Sm I.Sm 2.41 and2.43m 3m *Minimum yard distance from subdivision streets or service roads, unless otherwise varied. 5. That this use shall comply with the Alberta Building Code, where applicable. 6. That the developer shall obtain all required permits (i.e., building, electrical, plumbing, heating and ventilation and gas) from an accredited inspection agency. 7. That the developer shall ensure that the property is maintained to the satisfaction of the Development Control Officer. 8. That the developer shall ensure that construction materials, supplies and equipment are stored on the property. 9. That the developer shat I ensure the continuous clean-up of construction debris tracked onto the public roadway where access is provided to the property. 10. That the developer shall ensure there is a 1.5 m separation between the accessory building and the existing residence. 1 1. That this development permit is issued only for an accessory building on Lot 14, Block 3, Plan 8210258. All other development shall require a separate development permit application and approval. 12. That the developer shall be responsible for the moditication and relocation of franchise utilities, if required. 13. That, if a new approach is required from the detached garage to the roadway, the developer shall enter into a Road Approach agreement with the County of Newell. 14. That the developer shall ensure the accessory building satisfies the following requirements: • Shall be at least 1 metre from the side property line and I.5 m from the rear property line, except where a vehicular entrance is located, in which case the distance will be extended to 5.5 m; • Shall not exceed 4 m in height except as varied by the Municipal Planning Commission; • Shall not exceed 66 m2; • Shall not be used for living accommodation. ~-- February 23, 1999 Page 9 G~~ 15. That the accessory building shall be permitted to be located as constructed within the flankage yard of Plan 8210258, Block 3, Lot 14, as provided under Section 9(4) of the County of Newell Land Use By-law #1004-90. This building shall not: i. Unduly interfere with the amenities of the neighbourhood, or ii. Materially interfere with or affect the use, enjoyment or value of neighbouring properties. 16. That the developer shall ensure that no changes are made to the structure of the building to increase its height beyond 4.064 m. A variance is granted by the decision ofthe Municipal Planning Commission on February 23, 1999, to permit the building to be constructed to a height of4.064 m as provided under Section 9(4) ofthe County of Newell Land Use By-law # 1004-90. Carried. 7. Home Occupation Permits There were no Home Occupation Permit applications. 8. Land Use Changes 1. Penner, Dave - N %Z-5-19-15-W4 -Division 5 Agricultural to Countrv Residential Dave Penner was in attendance to present information on this application. Moved by J. Doerksen that we recommend to Council that they amend Land Use Bylaw #1004- 90 so that the N %2-5-19-15-W4 be amended from A -Agricultural District to CR - Country Residential District. Carried. Business from Minutes (cont'd) 12-1 Street Suns for Subdivisions (cont'd) Moved by Councillor Stobbs that we recommend to Council approval of the Community Identification System Policy as presented. Carried. 14 Land Use Bvlaw Enforcement This item wilt be brought forward at the March meeting. February 23, 1999 Page 10 ~~ .- 11-2 Truck & Trailer Wash Facilities Moved by Councillor Loewen that we recommend to Council that Bylaw #1004-90 be amended to include an AI-Agricultural Industrial District as proposed. Carried. 9. Subdivisions 1. 99 NL 03 - NW 12-18-14-W4 -Division 5 Maclntyre, Don & Mary Anne -Farmstead Separation Moved by Councillor Stobbs that we recommend to Council approval of this subdivision subject to the applicant entering into an agreement with the County of Newell for the installation of any required accesses and subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. Carried. 2. 99 NL 04 - N '/z - 22-19-14-W4 -Division 10 Urban, Henry & Rena -Farmstead Separation This item will be brought forward at the next meeting. 3. 99 NL OS - NW 31-21-15-W4 -Division 7 Parker, Leonard - Agricultural Separation This item will be brought forward at the next meeting. 10. Development Report The Development Report for January 6''', 1999 to February 16'h, 1999 was presented to the Commission. Moved by Councillor Stobbs that we approve this report. Carried. February 23, 1999 Page 1 I G~ " , 11. Correspondence 1. Oldman River Intenmunicipal Service Agency - RE: M.D. of Taber Municipal Development Plan A letter from the Oldman River Intermunicipal Service Agency, with regard to the M.D. of Taber Municipal Development Plan, was presented to the Commission. The Planner will respond to this letter. 2. Town of Brooks - RE: Amendment to Town of Brooks Land Use Bylaw #91/106 A letter from the Town of Brooks with regard to amendments to their Land Use Bylaw, along with the response from our Planner, was presented to the Commission as information. 12. Other Business 1. Proposed Country Residential Development - SW 6-19-14-W4 -Division 10 Moved by Councillor Loewen that the Planner contact the owner of the property located at SW 6-19-14-W4 informing him that if there is a land use change for a portion of the above-noted property, the Municipal Planning Commission will require ` .,~' an Area Structure Plan for that area as well as the remainder of the quarter section prior to subdivision approval. Carried. Lunch The Commission recessed for lunch from 12:07 p.m. to 1:25 p.m. Other Business (cont'd) 2. H. Jager Developments Inc. -Proposed 108 Lot Residential Development Greenwald Inlet - N %Z-7-18-14-W4 and NE & NW 6-18-14-W4 Deep Shergill, of H. Jager Developments Inc., and Rodney R. Potrie, of Planning Protocol Inc., were in attendance to present an overview of a proposed residential development for the N %2-7-18-14-W4 and NE & NW 6-18-14-W4 and to request that they be allowed to proceed with subdivision prior to approval of an Area Structure Plan for the area. Moved by Councillor Loewen that an Area Structure Plan that February 23, 1999 Page 12 ii ~t~`J encompasses the proposed new development in the N %-7-18-14-W4 and NE & NW ,.~.. 6-18-14-W4 be approved prior to subdivision and that an Area Structure Plan encompassing the entire development in the N %-7-18-14-W4, NE & N W 6-18-14-W4 and Section 1-18-15-W4 be developed within a one year period. Carried. 3. Position Paper -Proposed Re iu~, latory Framework for Livestock Feeding; Operations The Commission gave approval for the Planner's response to the Proposed Regulatory Framework for Livestock Feeding Operations in Alberta to be presented to Council. 13. Post Agenda Items 99 NL 06 -Plan 9811294, Block 1, Pt. NE 23-18-14-W4 -Division 5 Faminow, William & Madeline -Consolidation of Title Moved by J. Doerksen that we recommend to Council approval of this subdivision subject to the applicant providing municipal reserve in an amount to be determined when a plan of subdivision is returned for endorsement with a deferred reserve caveat being placed on the remnant parcel; subject to the applicant entering into an agreement with the County of Newell for the installation of any required accesses; that the area to be subdivided from Plan 9811294, Block 1 be consolidated with the remainder of `~ the NE 23-18-14-W4 at the time when the plan is registered at Land Titles; and subject to the applicant meeting all requirements ofthe Eastern Irrigation District with respect to the conveyance of water as well as easements. Carried. 2. Home Occupation Permit #92 - NE 22-23-16-W4 -Division 9 Wallace, Wendy - To Teach & Sell Hand Painted Artwork Moved by J. Doerksen that we approve Home Occupation Pern~it #92 to Teach & Sell Hand Painted Artwork located in the NE 22-23-16-W4 with the following conditions: 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. 'T'hat this use shall not affect the residential use of the property or adjacent properties and area. ~'^ February 23, 1999 Page 13 4. That the total number ofoff--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 February 23, 2001. Renewal of this permit shall be subject to the applicant's performance during that time period. The applicant shall be responsible for re-applying one month before the expiry period. 8. That this home occupation is granted for the teaching and sale of hand painted artwork to be operated by the applicant at NE 22-23-16-W4. Any other type of home occupation shall require a separate application and approval. Carried. 3. Home Occupation Permit #94 -Plan 9310398, Block 1 -Division 5 Bergen, Robert J. -Home Office -Oilfield Pressure Testing Business Moved by Councillor Loewen that we approve Home Occupation Permit #93 to operate a home office for an oilfield pressure testing business located at Plan 9310398, Block 1 with the following conditions: That this use is classified as a home occupation being a discretionary 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. That this use shall not affect the residential use of the property or adjacent properties and area. 4. That the total number ofoff-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. February 23, 1999 Page 14 C%~ 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 February 23, 2001. Renewal of this permit shall be subject to the applicant's performance during that time period. The applicant shall be responsible for re-applying one month before the expiry period. 8. That this home occupation is granted for a home office for an oilfield pressure testing business to be operated by the applicant at Plan 9310398, Block 1 (Pt. NW 5-19-15-W4). Any other type of home occupation shall require a separate application and approval. Carried. 4. Home Occupation Permit #94 -Plan 9410183, Lot A -Division 5 Hok, Kenneth - Handvman Service Moved by Councillor Stobbs that we approve Home Occupation Permit #94 for a Handyman Service to be located at Plan 9410183, Lot A 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 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. ,.- February 23, 1999 Page I S 7. That this home occupation permit shalt be valid for a time period until February 23, 2001. Renewal of this permit shall be subject to the applicant's performance during that time period. The applicant shall be responsible for re-applying one month before the expiry period. 8. That this home occupation is granted for a handyman service to be operated by the applicant at Plan 9410183, Lot A (Pt. NW 20-19-15-W4). Any other type of home occupation shall require a separate application and approval. Carried. 5. Development Permit #1931 -Plan 7510442, Block 1, Lot 3 -Division 4 Rempel, Abe -Mobile Home Development in HR -Hamlet Residential District Moved by Councillor Stobbs that Development Permit #1931 be approved subject to the following conditions: That this use be classified as a "Mobile Home" being a discretionary use within the HR -Hamlet Residential District. This permit also provides authority for the addition and patio shown in the site plan submitted February 19, 1999. 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 the 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 February 19, 1999. Any changes to that plan shall require the written approval of the Development Officer. 5. That this permit shall be for the development of the mobile home on Plan 7510442, Block 1, Lot 3 as shown in the pictures provided by the applicant 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. February 23, 1999 Page 16 C~ 8. That the developer shall ensure that the proposed development complies with the C-- following minimum setback requirements: Front Side Flankage Rear 7.Sm 1.5m 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. 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 and 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 mobile home shall be skirted to the satisfaction of the Development Officer. 15. That the developer shall provide a single parking stall with suitable surfacing material to ensure all-weather accessibility. 16. That no other mobile home shall be permitted on the property except for the one granted approval under Development Permit Application # 193 l and as provided for under Section 31 of the County of Newell Land Use Bylaw #1004-90. Carried. 6. Development Proposal - NW & SW 32-17-14-W4 and SE 31-17-14-W4 An inquiry on a potential development proposal was presented to the Commission. 7. Rescheduling -Special Meeting of February 18 & Regular Meeting of March 30 Moved by Councillor Loewen that the Special Planning Meeting that was to be held on February 18`h be rescheduled for March 3~`' and the March 30'h Regular Meeting be rescheduled for March 23~d. Carried. ~- February 23, 1999 Page 17 14. 4uestion Period/Notice of Motion A question period was held. 15. Adjourn Moved by E. Stobbs that the meeting adjourn at 3:30 p.m. Carried. ~' ~~.~~ CHAIRMAN /moo ~ .i~ SECRETARY February 23, 1999 Page 18