HomeMy WebLinkAbout1999-05-25 Municipal Planning Commission (Regular) MinutesC y'
r-- County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
May 25, 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, May 25, 1999 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors E. Stobbs
M. Loewen
Representatives J. Doerksen
Planner G. Shaw
Assistant Administrator A. Martens
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1. Excused from Meetin¢
No members asked to be excused from this meeting.
2. Minutes
Minutes of the April 27, 1999 meeting were presented to the Commission. 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 eg_nda
Moved by Councillor Loewen that the agenda be adopted as amended. Carried.
5. Business from Minutes
12-1 Street Signs for Subdivisions
The Planner gave an up-date on this item.
May 25, 1999
Page 47
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14 Land Use By-law Enforcement
The Planner gave an up-date on this item and reviewed the legal opinion received from `°
Brownlee Fryett.
9-3 99 NL OS - NW 31-21-15-W4 -Division 7
Parker, Leonard -Agricultural Subdivision
The Commission was informed that this file has been closed.
12-1A Greenwald Inlet Area Structure Plan
Rod Potrie, Deep Shergill, Harvey Jager & Hammod Mohammed, representing H. Jager
Developments, were in attendance to provide information on the revised Greenwald Inlet
Area Structure Plan.
6. Development Permits
1. Permit # 1958 -Plan 9010604, Block 1, Lot 1 -Division 10
Hartland Pipeline Services Ltd. -Moved-in Building
Roger Stogre was in attendance and presented information on this Permit. Moved by
Councillor Loewen that we approve this Permit subject to: ~-
1. That this use be classified as a "Moved-in Building" being a discretionary use within
the I -Industrial District. That this development approval is issued for the use of this
building as an office which is a permitted use within this district.
2. That this use shall comply with all Federal, Provincial, and Municipal statutes,
regulations, codes and standards.
3. That the proposed development shall be located as shown in the site plan submitted
April 21, 1999. Any changes to that location shall require written consent of the
Development Officer.
4. That the proposed development shall comply with Section 54 of Land Use By-law
#1004-90, being the I -Industrial District.
5. That the proposed development shall comply with the Alberta Building Code and
Alberta Fire Code, where applicable.
6. That the developer shall ensure that emergency vehicle access is maintained to two
sides of the building.
May 25, 1999
Page 48
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7. That the developer shall be responsible for obtaining all required permits (i.e., building,
r" electrical, plumbing, heating and ventilation and gas) from an accredited inspection
agency.
8. That the developer may require a development permit from Alberta Transportation and
Utilities for this development as it is located closer than 800 m to the TransCanada
Highway. If a development permit is required, a copy of this development permit shall
be provided to the Development Officer. The developer shall be responsible for
following all conditions of any permit issued by Alberta Transportation and Utilities.
9. That the developer shall be responsible for the relocation or modification of franchise
utilities required for the proposed development.
10. That the developer shall. ensure that the site is graded so that storm water does not drain
onto adjoining properties.
11. That the developer shall ensure that there is an adequate supply of potable water
provided for his use.
12. That the developer shall ensure that there is adequate and proper disposal of sewage and
other waste from this use.
13. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
14. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property and not the public roadway.
15. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
16. That any outside storage shall be screened or fenced to the satisfaction of the
Development Officer.
17. That the development will comply with the minimum yard requirements for Section
54.4 except as may be varied by a decision of the Municipal Planning Commission. The
following set-backs shall apply:
Front Side Flankage Rear
44m 3m 44m 3m
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*The rear set-back requirement will be varied by Alberta Transportation and Utilities
as per Section 620 of the Municipal Government Act. The developer shall observe the
set-back requirement under Section B(1) of the permit issued to it on May 3, 1999 by
Alberta Transportation and Utilities.
Carried.
May 25, 1999 Page 49
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2. Permit #1965 -Plan 8410810, Block 1, Lot 3 -Division 4
Mattern, George -Accessory Building
Variance to Land Use By-law #1004-90
George & Judy Mattern were in attendance and presented information on this item. Moved
by J. Doerksen that we approve this permit subject to:
1. That this use be classified as an "Accessory Building" being a permitted use within the
HSF -Hamlet Single Family Residential District. The Municipal Planning Commission
grants approval by its decision of May 25, 1999 to permit the detached garage and
carport to be located within the front yard of the property legally described as Lot 3,
Block 1, Plan 8410810. A variance is granted by the Municipal Planning Commission
under Section 9(4) of Section 56.6(1) of the Land Use By-law to permit the building to
be constructed within the front yard.
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 56 of Land Use By-law #1004-
90 pertaining to the Hamlet Single Family Residential District.
4. That the development shall be sited on Lot 3, Block 1, Plan 8410810 so that the
following set-backs are maintained to the property lines as follows as varied by the
Municipal Planning Commission at its May 25, 1999 meeting:
Front Side Flankage Rear
*10.97m 1.Om *3m 1.Sm
*Minimum yard distance from subdivision streets or service roads.
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 an adequate supply of water is provided for this use.
8. That the developer shall ensure proper disposal of sewage and waste from this use.
9. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
10. 'That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
May 25, 1999 Page 50
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11. That the developer shall ensure the continuous clean-up of construction debris tracked
/'~ onto the public roadway where access is provided to the property.
12. That the developer shall ensure there is a 1.5 m separation between the garage and the
existing residence.
13. That this development permit is issued only for the construction of a detached garage
with carport on Lot 3, Block 1, Plan 8410810. All other development shall require a
separate development permit application and approval.
14. That a variance of .57 m (1.87 ft) is granted for the height of the building to permit it
to be constructed to 4.57 m (15 ft). This variance is granted to Section 56.6(4) by the
Municipal Planning Commission at its May 25, 1999 meeting.
15. That a variance of 27.62 m2 (297.19 ft2) is granted for the total floor area of the
detached garage to permit a total floor area of 93.62 m2 (1007.35 ft2) for the detached
garage to be constructed at Lot 3, Block 1, Plan 8410810. This variance is granted to
Section 56.6(5) by the Municipal Planning Commission at its may 25, 1999 meeting.
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16. That the detached garage shall be sided to the satisfaction of the Development Officer.
This siding shall be compatible with other buildings in the vicinity as well as consistent
with the residential use of this property.
Carried.
3. Permit #1966 - Pt. SE 10-21-18-W4 -Division 6
Clearnet -Telecommunications Tower
Moved by Councillor Loewen that we approve this perrnit subject to:
That this use be classified as a "Telecommunications Tower" being a discretionary use
within the OF -Urban Fringe District. The Municipal Planning Commission grants
approval under the clause "other uses of a similar nature as approved by the Municipal
Planning Commission". This use is deemed to be similar to "Public and Quasi-Public
Buildings and Uses".
2. That this use shall comply with all Federal, Provincial, and Municipal statutes,
regulations, codes and standards.
That this use shall comply with the provisions of Section 50 of 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 Apri128,
1999. Any changes to that plan shall require the written approval of the Development
Officer.
May 25, 1999 Page 51
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That this permit shall only be for the construction of a telecommunication tower and
ancillary building on the SE 10-21-18-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.
8. That the developer shall ensure that the tower and ancillary building are located a
minimum distance of 40 m from the centre line of the adjacent County road.
9. That the developer may require a separate approval from Alberta Transportation and
Utilities. If so, the developer shall be responsible for obtaining one from Alberta.
Transportation and Utilities. A copy of this development permit shall be provided to
the Development Officer prior to commencing construction.
10. That the developer may require approval from Transport Canada for the
telecommunications tower. If required, the developer shall be responsible for obtaining
approval from Transport Canada. A copy of this approval shall be provided to the
Development Officer when obtained by the developer.
11. 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.
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.
15. That, if a new approach is required or the existing one requires improvement, the
developer shall enter into a Road Approach Agreement with the County. This
requirement will be determined by the County's Public Works Department.
16. That this approval is subject to the comments of the Town of Bassano.
Carried.
4. Permit #1967 - Pt. NE 9-19-14-W4 -Division 10
Clearnet -Telecommunications Tower
The Commission was informed that this application has been withdrawn.
May 25, 1999 Page 52
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i-- 5. Permit #1968 -Plan 8210258, Block 1, Lots 6 & 7 -Division 1
Demers, Paul & Marie -Accessory Building
Variance to Land Use By-law #1004-90
Paul & Marie Demers were in attendance and presented information on this item.
Lunch
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The Commission recessed for lunch from 12:05 p.m. to 12:45 p.m.
Permit #1968 (Cont'd.)
Moved by Councillor Loewen that we approve this permit subject to:
1. That this use be classified as "Accessory buildings" being a permitted use within the
HMH -Hamlet Mobile Home Residential District. The Municipal Planning
Commission grants approval by its decision of May 25, 1999 to permit the buildings to
be located where they are within the property legally described as Plan 8210258, Block
1, Lots 6 & 7. A variance is granted by the Municipal Planning Commission under
Section 9(4) of Section 58.6(5) to permit the buildings to have a total floor area of 93.68
m2 (1008 ft2).
2. That this use shall comply with all Federal, Provincial, and Municipal statutes,
regulations, codes and standards.
That this use shall comply with the provisions of Section 58 of Land Use By-law # 1004-
90 pertaining to the Hamlet Mobile Home Residential District.
4. That the development shall be sited on Lots 6 & 7, Block 1, Plan 8210258 as shown on
the site plan submitted May 5, 1999.
That this use shall comply with the Alberta Building Code, where applicable.
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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 Officer. All miscellaneous wood or other materials shall be sorted in an
orderly manner so that a nuisance is not created.
8. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
May 25, 1999 Page 53
9. That the developer shall 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
buildings and the existing residence.
11. That this development permit is only for the construction of the accessory buildings
indicated on the site plan submitted May 5,1999 for Lots 6 & 7, Block 1, Plan 8210258.
All other development shall require a separate development permit application and
approval. Approval is also granted for the existing deck and proposed septic tank cover.
12. That a variance of 26.68 mZ (287 ftZ) to Section 58.6(5) of Land Use By-law #1004-90
is granted to permit the accessory buildings to have a total floor area of 93.68 mz (1008
ft2) within Plan 8210258, Block 1, Lots 6 & 7.
13. That the buildings shall be sided with the same or similar material so that there is a
uniform appearance to all buildings. This siding shall be to the satisfaction of the
Development Officer and will be of a high quality with the same colour for all the
accessory buildings.
14. That this development approval also includes permission for the proposed septic tank
cover to encroach into the side minimum yard requirement for the HMH -Hamlet
Mobile Home Residential District.
15. That the construction on the accessory buildings shall be completed by September 1,
1999. If the construction is not completed, the County of Newell may complete the vd~
work and charge the property owner for the cost.
Carried.
Business from Minutes (Cont'd.)
12-1A Greenwald Inlet Area Structure Plan (Cont'd.)
Moved by Councillor Loewen that we recommend to Council approval of the Greenwald Inlet
Area Structure Plan subject to receipt of the application fee prior to the June 3, 1999 County
Council Meeting and subject to the applicant holding a Public Information Meeting upon
successful first reading of the By-law adopting this Area Structure Plan. Carried.
7. Home Occupation Permits
There were no Home Occupation Permits.
May 25, 1999
Page 54
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8. Subdivisions
1. 99 NL 15 - Pt. SW 31-16-15-W4 & Plan 9110006, Block 1, Lot 2 -Division 4
Hallman. Donald & Anne/Schulz. Bernhard & Rosel -Agricultural Subdivision
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
improvement of any required approaches; subject to the applicant meeting all requirements
of the Eastern Irrigation District with respect to the conveyance of water and easements;
subject to the applicant providing any required easements for franchise utilities; and subject
to the applicant consolidating Parcel A with Plan 9110006, Block 1, Lot 2 and consolidating
Parcel B with the SE 31-16-15-W4. Carried.
It was noted that road dedication was not required as the two roads adjacent to this subdivision
terminate a short distance from the subject property.
2. 99 NL 16 -Plan 8310515, Block 1, Lots 9 & 10 -Division 10
Wells Ranching Companv Ltd. -Industrial Subdivision
Moved by J. Doerksen 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 for the proposed and remnant parcels; subject to the applicant meeting all
~.. requirements of the Eastern Irrigation District with respect to the conveyance of water and
easements; and subject to the applicant providing any required easements for franchise
utilities. Carried.
9. Development Report
The Development Report for April 22, 1999 to May 14, 1999 was presented to the
Commission. Moved by J. Doerksen that we approve this report. Carried.
10. Correspondence
1. Town of Brooks - SE Engel Consulting Group -Proposed Mobile Home Park
Pt. SW 5-19-14-W4 and Block 4. Plan 2672 JK
This proposed Mobile Home Park referral from the Town of Brooks, along with our Planner's
review, was presented to the Commission. Moved by J. Doerksen that the concerns relating
to the impact on water quality entering the County from drainage of the proposed
development; traffic management; and the need to prepare a study identifying traffic
movements entering and exiting the development be forwarded to the Town of Brooks.
Carried.
May 25, 1999
Page 55
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11. Post Agenda Items
1. Development Application #1974 -Portable Transload Facility - Unimin Corp.
Plan 8011435 , Block D (NW 28-18-14-W41-Division 5 - OF -Urban Fringe District
Myles Monea was in attendance and presented information on this item. Moved by Councillor
Stobbs that we approve this permit pending receipt of comments from the Town of Brooks on
this application and subject to:
1. That this use be classified as a "Transload Facility" being a discretionary use within the
I -Industrial District. Included in this development approval is an office building and
scale facility.
2. That this use shall comply with all Federal, Provincial, and Municipal statutes,
regulations, codes and standards.
That the proposed development shall be located as shown in the site plan submitted May
25, 1999. Any changes to that location shall require the written consent of the
Development Officer.
4. That the proposed development shall comply with Section 54 of Land Use By-law
#1004-90 being the I -Industrial District.
That the proposed development shall comply with the Alberta Building Code and
Alberta Fire Code, where applicable.
That the developer shall be responsible for obtaining all required permits (i.e., building,
electrical, plumbing, heating and ventilation and gas) from an accredited inspection
agency.
7. That the developer shall be responsible for the installation, relocation or modification
of franchise utilities required for the proposed development.
8. That the developer shall ensure that there is an adequate supply of potable water
provided for the office building included in this development approval.
9. That the developer shall ensure that there is adequate and proper disposal of sewage and
other waste from the office building.
10. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
11. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property and not a public roadway.
12. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
May 25, 1999
Page 56
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13. That any outside storage shall be screened or fenced to the satisfaction of the
,.-, , Development Officer.
14. That the development will comply with the minimum yard requirements for Section
54.4. The following set-backs shall apply:
Front Side Flankage Rear
*40m 3m 40m 3m
*From the centre line of a public roadway.
15. That, if the Public Works Department determines the existing access requires
improvements, the developer shall enter into a Road Approach Agreement with the
County of Newell to make those improvements.
16. That this development approval is granted for the time period provided in the Lease
Agreement between Agricore Co-operative Ltd. and Unimin Canada Ltd. When this
Lease Agreement terminates, the development shall be removed within thirty days of
such termination. The developer shall be responsible for notifying the Development
Officer when the Lease is terminated.
17. That the developer shall ensure that the issuance of nuisance odours, dust and noise is
minimized on adjacent land uses.
,,,., 18. That the developer shall ensure that all vehicles leaving the site are properly covered
to minimize spillage on County roads or within the Town of Brooks.
19. That the developer shall be responsible for ensuring that the lease area returns to pre-
development condition, or better, when the development ceases to operate on a part of
Plan 8011435, Block D.
20. That this development approval is provided only for the operation of a transload facility
within a part of Plan 8011435, Block D. All other development shall require separate
applications and approval.
Carried.
Correspondence (Cont'd.)
2. Environmental Law Centre -Land Conservation Survev
A letter and survey from the Environmental Law Centre was presented to the Commission.
Moved by Councillor Loewen that we accept this item as information. Carried.
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May 25, 1999 Page 57
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12. Land Use Changes
There were no Land Use Changes.
13. Other Business
1. The Accidental Franchiser -Information
This item was referred to the next Municipal Planning Commission Meeting.
Post Agenda Items (Cont'd.)
2. Subdivision Application 99 NL 17
W %z 7-18-14-W4 and NW & NE 6-18-14-W4
Residential Subdivision -Division 5
Moved by Councillor Loewen that we recommend to Council approval of this subdivision
subject to the Area Structure Plan being adopted; subject to the developer entering into a
development agreement with the County of Newell for the construction of internal roads,
intersection treatments, municipal reserve, pedestrian linkages, approaches and utilities;
subj ect to the applicant meeting all requirements of the Eastern Irrigation District with respect
to the conveyance of water and easements; subject to the developer providing any required
easements for franchise utilities and paying all costs associated with the installation,
modification or relocation of existing services; subject to the applicant forming a resident's
association for the maintenance of utilities and municipal reserve land within the
development; subject to the applicant being responsible for preparing a drainage plan for the
development prior to the endorsement of the subdivision mylar by the County that is
acceptable to the County, the Eastern Irrigation District and Alberta Environmental
Protection; subject to the developer being responsible for ensuring that the water quality
within Lake Newell Reservoir does not deteriorate as a result of this proposed development;
subject to the Eastern Irrigation District holding title to the lands from the shoreline to 30 m
inland to ensure public access to this area; and subject to the developer being responsible for
providing an adequate supply of water and treatment of sewage for this development.
Carried.
14. Ouestion Period/Notice of Motion
A question period was held.
May 25, 1999
Page 58
15. Adjourn
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Moved by Councillor Stobbs that the meeting adjourn at 2:10 p.m. Carried.
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CHAIRMAN
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SECRETARY
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May 25, 1999 Page 59